Senate Bill No. 295–Committee on Commerce and Labor
March 3, 1999
____________
Referred to Committee on Commerce and Labor
SUMMARY—Requires certain policies of health insurance to provide coverage for diagnosis and treatment of infertility. (BDR 57-821)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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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 689A of NRS is hereby amended by adding thereto1-2
a new section to read as follows:1-3
1. Except as otherwise provided in subsection 2, any policy of health1-4
insurance that provides coverage for a pregnancy, including, without1-5
limitation, coverage relating to complications of pregnancy as defined in1-6
NRS 689A.042, must also provide commensurate coverage for the1-7
diagnosis and treatment of infertility, including, without limitation,1-8
coverage for nonexperimental procedures using assisted reproductive1-9
technology. Such coverage must be subject to the same terms and1-10
conditions that apply to the coverage for the pregnancy.1-11
2. Coverage for in vitro fertilization, gamete intrafallopian transfer1-12
or zygote intrafallopian transfer must be provided only if:1-13
(a) The insured person has been unable to bring a pregnancy to live1-14
birth through less costly treatments for infertility that are medically1-15
appropriate and are otherwise covered under the policy;1-16
(b) The insured person has not undergone four complete oocyte1-17
retrievals, except that, if the insured person has brought a pregnancy to1-18
live birth after a complete oocyte retrieval, coverage for at least two2-1
additional retrievals must be provided, with a lifetime limit of six2-2
retrievals; and2-3
(c) The procedure is performed at a facility that is accredited by the2-4
Reproductive Laboratory Accreditation Program of the College of2-5
American Pathologists, or a similar program of its successor2-6
organization, and complies with the standards of the American Society2-7
for Reproductive Medicine or the American College of Obstetricians and2-8
Gynecologists, or their successor organizations.2-9
3. A policy subject to the provisions of this chapter that is delivered,2-10
issued for delivery or renewed on or after October 1, 1999, has the legal2-11
effect of including the coverage required by this section, and any2-12
provision of the policy that conflicts with the provisions of this section is2-13
void.2-14
4. As used in this section:2-15
(a) "Gamete intrafallopian transfer" means the direct transfer of a2-16
mixture of an egg and sperm into the fallopian tube of a woman, with2-17
fertilization occurring inside the fallopian tube.2-18
(b) "In vitro fertilization" means a procedure whereby eggs and sperm2-19
are combined and any fertilized and dividing eggs resulting therefrom2-20
are transferred into the uterus of a woman or preserved cryogenically for2-21
future use.2-22
(c) "Infertility" means a disease or condition that causes a2-23
reproductive system to function abnormally and results in the inability of2-24
a woman to conceive a child after 1 year of unprotected sexual2-25
intercourse or to carry a pregnancy to live birth.2-26
(d) "Nonexperimental procedure" means a clinical treatment or2-27
procedure for infertility whose safety and efficacy is recognized by the2-28
American Society for Reproductive Medicine or the American College of2-29
Obstetricians and Gynecologists, or their successor organizations.2-30
(e) "Zygote intrafallopian transfer" means a procedure whereby an2-31
egg is fertilized and transferred into the fallopian tube of a woman before2-32
the cells begin to divide.2-33
Sec. 2. NRS 689A.330 is hereby amended to read as follows: 689A.330 If any policy is issued by a domestic insurer for delivery to a2-35
person residing in another state, and if the insurance commissioner or2-36
corresponding public officer of that other state has informed the2-37
commissioner that the policy is not subject to approval or disapproval by2-38
that officer, the commissioner may by ruling require that the policy meet2-39
the standards set forth in NRS 689A.030 to 689A.320, inclusive2-40
section 1 of this act.3-1
Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a3-2
new section to read as follows:3-3
1. Except as otherwise provided in subsection 2, any policy of group3-4
health or blanket health insurance that provides coverage for a3-5
pregnancy, including, without limitation, coverage relating to3-6
complications of pregnancy as defined in NRS 689B.260, must also3-7
provide commensurate coverage for the diagnosis and treatment of3-8
infertility, including, without limitation, coverage for nonexperimental3-9
procedures using assisted reproductive technology. Such coverage must3-10
be subject to the same terms and conditions that apply to the coverage for3-11
the pregnancy.3-12
2. Coverage for in vitro fertilization, gamete intrafallopian transfer3-13
or zygote intrafallopian transfer must be provided only if:3-14
(a) The insured person has been unable to bring a pregnancy to live3-15
birth through less costly treatments for infertility that are medically3-16
appropriate and are otherwise covered under the policy;3-17
(b) The insured person has not undergone four complete oocyte3-18
retrievals, except that, if the insured person has brought a pregnancy to3-19
live birth after a complete oocyte retrieval, coverage for at least two3-20
additional retrievals must be provided, with a lifetime limit of six3-21
retrievals; and3-22
(c) The procedure is performed at a facility that is accredited by the3-23
Reproductive Laboratory Accreditation Program of the College of3-24
American Pathologists, or a similar program of its successor3-25
organization, and complies with the standards of the American Society3-26
for Reproductive Medicine or the American College of Obstetricians and3-27
Gynecologists, or their successor organizations.3-28
3. A policy subject to the provisions of this chapter that is delivered,3-29
issued for delivery or renewed on or after October 1, 1999, has the legal3-30
effect of including the coverage required by this section, and any3-31
provision of the policy that conflicts with the provisions of with this3-32
section is void.3-33
4. As used in this section:3-34
(a) "Gamete intrafallopian transfer" means the direct transfer of a3-35
mixture of an egg and sperm into the fallopian tube of a woman, with3-36
fertilization occurring inside the fallopian tube.3-37
(b) "In vitro fertilization" means a procedure whereby eggs and sperm3-38
are combined and any fertilized and dividing eggs resulting therefrom3-39
are transferred into the uterus of a woman or preserved cryogenically for3-40
future use.3-41
(c) "Infertility" means a disease or condition that causes a3-42
reproductive system to function abnormally and results in the inability of4-1
a woman to conceive a child after 1 year of unprotected sexual4-2
intercourse or to carry a pregnancy to live birth.4-3
(d) "Nonexperimental procedure" means a clinical treatment or4-4
procedure for infertility whose safety and efficacy is recognized by the4-5
American Society for Reproductive Medicine or the American College of4-6
Obstetricians and Gynecologists, or their successor organizations.4-7
(e) "Zygote intrafallopian transfer" means a procedure whereby an4-8
egg is fertilized and transferred into the fallopian tube of a woman before4-9
the cells begin to divide.4-10
Sec. 4. Chapter 695B of NRS is hereby amended by adding thereto a4-11
new section to read as follows:4-12
1. Except as otherwise provided in subsection 2, any contract for4-13
hospital or medical services that provides coverage for a pregnancy,4-14
including, without limitation, coverage relating to complications of4-15
pregnancy as defined in NRS 695B.192, must also provide4-16
commensurate coverage for the diagnosis and treatment of infertility,4-17
including, without limitation, coverage for nonexperimental procedures4-18
using assisted reproductive technology. Such coverage must be subject to4-19
the same terms and conditions that apply to the coverage for the4-20
pregnancy.4-21
2. Coverage for in vitro fertilization, gamete intrafallopian transfer4-22
or zygote intrafallopian transfer must be provided only if:4-23
(a) The insured person has been unable to bring a pregnancy to live4-24
birth through less costly treatments for infertility that are medically4-25
appropriate and are otherwise covered under the policy;4-26
(b) The insured person has not undergone four complete oocyte4-27
retrievals, except that, if the insured person has brought a pregnancy to4-28
live birth after a complete oocyte retrieval, coverage for at least two4-29
additional retrievals must be provided, with a lifetime limit of six4-30
retrievals; and4-31
(c) The procedure is performed at a facility that is accredited by the4-32
Reproductive Laboratory Accreditation Program of the College of4-33
American Pathologists, or a similar program of its successor4-34
organization, and complies with the standards of the American Society4-35
for Reproductive Medicine or the American College of Obstetricians and4-36
Gynecologists, or their successor organizations.4-37
3. A contract for hospital or medical services subject to the4-38
provisions of this chapter that is delivered, issued for delivery or renewed4-39
on or after October 1, 1999, has the legal effect of including the coverage4-40
required by this section, and any provision of the contract that conflicts4-41
with the provisions of this section is void.4-42
4. As used in this section:5-1
(a) "Gamete intrafallopian transfer" means the direct transfer of a5-2
mixture of an egg and sperm into the fallopian tube of a woman, with5-3
fertilization occurring inside the fallopian tube.5-4
(b) "In vitro fertilization" means a procedure whereby eggs and sperm5-5
are combined and any fertilized and dividing eggs resulting therefrom5-6
are transferred into the uterus of a woman or preserved cryogenically for5-7
future use.5-8
(c) "Infertility" means a disease or condition that causes a5-9
reproductive system to function abnormally and results in the inability of5-10
a woman to conceive a child after 1 year of unprotected sexual5-11
intercourse or to carry a pregnancy to live birth.5-12
(d) "Nonexperimental procedure" means a clinical treatment or5-13
procedure for infertility whose safety and efficacy is recognized by the5-14
American Society for Reproductive Medicine or the American College of5-15
Obstetricians and Gynecologists, or their successor organizations.5-16
(e) "Zygote intrafallopian transfer" means a procedure whereby an5-17
egg is fertilized and transferred into the fallopian tube of a woman before5-18
the cells begin to divide.5-19
Sec. 5. Chapter 695C of NRS is hereby amended by adding thereto a5-20
new section to read as follows:5-21
1. Except as otherwise provided in subsection 2, any health5-22
maintenance plan that provides coverage for a pregnancy, including,5-23
without limitation, coverage relating to complications of pregnancy, as5-24
defined in NRS 695C.172, must also provide commensurate coverage for5-25
the diagnosis and treatment of infertility, including, without limitation,5-26
coverage for nonexperimental procedures using assisted reproductive5-27
technology. Such coverage must be subject to the same terms and5-28
conditions that apply to the coverage for the pregnancy.5-29
2. Coverage for in vitro fertilization, gamete intrafallopian transfer5-30
or zygote intrafallopian transfer must be provided only if:5-31
(a) The insured person has been unable to bring a pregnancy to live5-32
birth through less costly treatments for infertility that are medically5-33
appropriate and are otherwise covered under the health maintenance5-34
plan;5-35
(b) The insured person has not undergone four complete oocyte5-36
retrievals, except that, if the insured person has brought a pregnancy to5-37
live birth after a complete oocyte retrieval, coverage for at least two5-38
additional retrievals must be provided, with a lifetime limit of six5-39
retrievals; and5-40
(c) The procedure is performed at a facility that is accredited by the5-41
Reproductive Laboratory Accreditation Program of the College of5-42
American Pathologists, or a similar program of its successor5-43
organization, and complies with the standards of the American Society6-1
for Reproductive Medicine or the American College of Obstetricians and6-2
Gynecologists, or their successor organizations.6-3
3. Any evidence of coverage subject to the provisions of this chapter6-4
that is delivered, issued for delivery or renewed on or after October 1,6-5
1999, has the legal effect of including the coverage required by this6-6
section, and any provision of the evidence of coverage that conflicts with6-7
the provisions of this section is void.6-8
4. As used in this section:6-9
(a) "Gamete intrafallopian transfer" means the direct transfer of a6-10
mixture of an egg and sperm into the fallopian tube of a woman, with6-11
fertilization occurring inside the fallopian tube.6-12
(b) "In vitro fertilization" means a procedure whereby eggs and sperm6-13
are combined and any fertilized and dividing eggs resulting therefrom6-14
are transferred into the uterus of a woman or preserved cryogenically for6-15
future use.6-16
(c) "Infertility" means a disease or condition that causes a6-17
reproductive system to function abnormally and results in the inability of6-18
a woman to conceive a child after 1 year of unprotected sexual6-19
intercourse or to carry a pregnancy to live birth.6-20
(d) "Nonexperimental procedure" means a clinical treatment or6-21
procedure for infertility whose safety and efficacy is recognized by the6-22
American Society for Reproductive Medicine or the American College of6-23
Obstetricians and Gynecologists, or their successor organizations.6-24
(e) "Zygote intrafallopian transfer" means a procedure whereby an6-25
egg is fertilized and transferred into the fallopian tube of a woman before6-26
the cells begin to divide.6-27
Sec. 6. NRS 695C.330 is hereby amended to read as follows: 695C.330 1. The commissioner may suspend or revoke any6-29
certificate of authority issued to a health maintenance organization pursuant6-30
to the provisions of this chapter if he finds that any of the following6-31
conditions exist:6-32
(a) The health maintenance organization is operating significantly in6-33
contravention of its basic organizational document, its health care plan or in6-34
a manner contrary to that described in and reasonably inferred from any6-35
other information submitted pursuant to NRS 695C.060, 695C.070 and6-36
695C.140, unless any amendments to those submissions have been filed6-37
with and approved by the commissioner;6-38
(b) The health maintenance organization issues evidence of coverage or6-39
uses a schedule of charges for health care services which do not comply6-40
with the requirements of NRS 695C.170 to 695C.200, inclusive, and6-41
section 5 of this act, or NRS 695C.207;6-42
(c) The health care plan does not furnish comprehensive health care6-43
services as provided for in NRS 695C.060;7-1
(d) The state board of health certifies to the commissioner that7-2
7-3
(1) Does not meet the requirements of subsection 2 of NRS7-4
695C.080; or7-5
(2)7-6
obligations to furnish health care services as required under its health care7-7
plan;7-8
(e) The health maintenance organization is no longer financially7-9
responsible and may reasonably be expected to be unable to meet its7-10
obligations to enrollees or prospective enrollees;7-11
(f) The health maintenance organization has failed to put into effect a7-12
mechanism affording the enrollees an opportunity to participate in matters7-13
relating to the content of programs pursuant to NRS 695C.110;7-14
(g) The health maintenance organization has failed to put into effect the7-15
system for complaints required by NRS 695C.260 in a manner reasonably7-16
to dispose of valid complaints;7-17
(h) The health maintenance organization or any person on its behalf has7-18
advertised or merchandised its services in an untrue, misrepresentative,7-19
misleading, deceptive or unfair manner;7-20
(i) The continued operation of the health maintenance organization7-21
would be hazardous to its enrollees; or7-22
(j) The health maintenance organization has otherwise failed to comply7-23
substantially with the provisions of this chapter.7-24
2. A certificate of authority must be suspended or revoked only after7-25
compliance with the requirements of NRS 695C.340.7-26
3. If the certificate of authority of a health maintenance organization is7-27
suspended, the health maintenance organization shall not, during the period7-28
of that suspension, enroll any additional groups or new individual contracts,7-29
unless those groups or persons were contracted for before the date of7-30
suspension.7-31
4. If the certificate of authority of a health maintenance organization is7-32
revoked, the organization shall proceed, immediately following the7-33
effective date of the order of revocation, to wind up its affairs and shall7-34
conduct no further business except as may be essential to the orderly7-35
conclusion of the affairs of the organization. It shall engage in no further7-36
advertising or solicitation of any kind. The commissioner may by written7-37
order permit such further operation of the organization as he may find to be7-38
in the best interest of enrollees to the end that enrollees are afforded the7-39
greatest practical opportunity to obtain continuing coverage for health care.8-1
Sec. 7. The amendatory provisions of this act do not apply to offenses8-2
that were committed before October 1, 1999.~