Senate Bill No. 196–Senator Schneider
February 16, 1999
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Joint Sponsor: Assemblywoman Buckley
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Referred to Committee on Commerce and Labor
SUMMARY—Creates office of ombudsman for insurance within division of insurance of department of business and industry. (BDR 57-1147)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 679B of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 9, inclusive, of this act.1-3
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the1-4
context otherwise requires, the words and terms defined in sections 3 and1-5
4 of this act have the meanings ascribed to them in those sections.1-6
Sec. 3. "Health care plan" has the meaning ascribed to it in NRS1-7
679B.520.1-8
Sec. 4. "Provider of health care" has the meaning ascribed to it in1-9
NRS 629.031.1-10
Sec. 5. 1. The office of the ombudsman for insurance is hereby1-11
created within the division. The commissioner shall appoint the1-12
ombudsman for insurance. The person so appointed:1-13
(a) Must be qualified by training and experience to perform the duties1-14
and functions of his office; and2-1
(b) Is in the classified service of the state.2-2
2. The ombudsman shall receive, investigate and attempt to resolve2-3
complaints made by or on behalf of:2-4
(a) Persons who are insured under health care plans;2-5
(b) Providers of health care who have not been paid promptly by an2-6
insurer;2-7
(c) Providers of health care who have not received prompt2-8
authorization from insurers for medical procedures that are needed by2-9
their patients; and2-10
(d) Persons who are insured under policies of motor vehicle2-11
insurance.2-12
3. The ombudsman may employ such staff as is necessary to carry2-13
out his duties.2-14
Sec. 6. In conducting an investigation, the ombudsman for2-15
insurance may:2-16
1. Inspect records maintained by an insurer, a provider of health2-17
care or a facility that maintains the health care records of patients.2-18
Except as otherwise provided in this subsection, medical and personal2-19
financial records may be inspected only with the informed consent of the2-20
individual insured, his parent or legal guardian or the person designated2-21
as responsible for decisions regarding the insured. If the insured is2-22
unable to consent to the inspection and has no parent, legal guardian or2-23
other person designated as responsible for decisions regarding the2-24
insured, the inspection may be conducted without consent.2-25
2. Interview:2-26
(a) Officers, directors and employees of any insurer.2-27
(b) The insured.2-28
(c) The parent or legal guardian of the insured, a member of the2-29
family of the insured, and the person designated as responsible for2-30
decisions regarding the care of the insured, if any.2-31
3. Obtain such assistance and information from any agency of the2-32
state or its political subdivisions as is necessary to perform the2-33
investigation properly.2-34
Sec. 7. 1. In appropriate cases and under the direction of the2-35
commissioner, the ombudsman shall refer the results of his investigation2-36
to the governmental agencies with authority to enforce applicable laws2-37
and regulations through administrative, civil or criminal proceedings. If2-38
the investigation indicates that fraud was or is being committed, the2-39
ombudsman shall forthwith notify the commissioner and the attorney2-40
general.3-1
2. The ombudsman shall:3-2
(a) Provide the commissioner with any information he requests3-3
concerning an ongoing investigation or resolution of a complaint being3-4
conducted by the ombudsman; and3-5
(b) Upon the completion of an investigation or resolution of a3-6
complaint, submit a report to the commissioner that describes the3-7
complaint and the results of the investigation or resolution of the3-8
complaint, as appropriate.3-9
Sec. 8. 1. An insurer who delivers or issues for delivery in this state3-10
a health care plan or policy of motor vehicle insurance shall assess each3-11
policyholder of the health care plan or policy of motor vehicle insurance3-12
a reasonable fee as prescribed by the division as follows:3-13
(a) For each individual insured under the health care plan, not more3-14
than $1 per year; and3-15
(b) For each individual insured under the policy of motor vehicle3-16
insurance, not more than 75 cents per year.3-17
2. The insurer shall remit the money collected pursuant to this3-18
section to the commissioner in such manner as prescribed by the division.3-19
Money remitted to the commissioner pursuant to this section must be:3-20
(a) Accounted for separately; and3-21
(b) Used to pay the expenses of the office of the ombudsman for3-22
insurance pursuant to sections 2 to 9, inclusive, of this act, including any3-23
expenses incident to or associated with the requirements of those3-24
sections.3-25
3. Notwithstanding any provision of this Title to the contrary, money3-26
collected by an insurer pursuant to this section is not a premium.3-27
Sec. 9. The division shall adopt such regulations as are necessary to3-28
carry out the provisions of sections 2 to 9, inclusive, of this act.3-29
Sec. 10. 1. This section and sections 1, 8 and 9 of this act become3-30
effective upon passage and approval.3-31
2. Sections 2 to 7, inclusive, of this act become effective on January 1,3-32
2000.~