EMERGENCY REQUEST of Minority Floor Leader
Senate Bill No. 557–Senator Townsend
May 30, 1999
____________
Referred to Committee on Commerce and Labor
SUMMARY—Requires certain policies of health insurance to include coverage for treatment of conditions relating to severe mental illness. (BDR 57-1789)
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. Notwithstanding any provisions of this Title to the contrary, a1-4
policy of health insurance delivered or issued for delivery in this state1-5
pursuant to this chapter must provide coverage for the treatment of1-6
conditions relating to severe mental illness.1-7
2. The coverage required by this section:1-8
(a) Must provide:1-9
(1) Benefits for at least 40 days of hospitalization as an inpatient1-10
per policy year and 40 visits for treatment as an outpatient per policy1-11
year, excluding visits for the management of medication; and1-12
(2) That two visits for partial or respite care, or a combination1-13
thereof, may be substituted for each 1 day of hospitalization not used by1-14
the insured. In no event is the policy required to provide coverage for1-15
more than 40 days of hospitalization as an inpatient per policy year.1-16
(b) Is not required to provide benefits for psychosocial rehabilitation1-17
or care received as a custodial inpatient.2-1
3. Any deductibles and copayments required to be paid for the2-2
coverage required by this section must not be greater than 150 percent of2-3
the out-of-pocket expenses required to be paid for medical and surgical2-4
benefits provided pursuant to the policy of health insurance.2-5
4. The provisions of this section do not apply to a policy of health2-6
insurance if, at the end of the policy year, the premiums charged for that2-7
policy, or a standard grouping of policies, increase by more than 22-8
percent as a result of providing the coverage required by this section and2-9
the insurer obtains an exemption from the commissioner pursuant to2-10
subsection 5.2-11
5. To obtain the exemption required by subsection 4, an insurer must2-12
submit to the commissioner a written request therefor that is signed by an2-13
actuary and sets forth the reasons and actuarial assumptions upon which2-14
the request is based. To determine whether an exemption may be2-15
granted, the commissioner shall subtract from the amount of premiums2-16
charged during the policy year the amount of premiums charged during2-17
the period immediately preceding the policy year and the amount of any2-18
increase in the premiums charged that is attributable to factors that are2-19
unrelated to providing the coverage required by this section. The2-20
commissioner shall verify the information within 30 days after receiving2-21
the request. The request shall be deemed approved if the commissioner2-22
does not deny the request within that time.2-23
6. The provisions of this section do not:2-24
(a) Limit the provision of specialized services covered by Medicaid for2-25
persons with conditions relating to mental health or substance abuse.2-26
(b) Supersede any provision of federal law, any federal or state policy2-27
relating to Medicaid, or the terms and conditions imposed on any2-28
Medicaid waiver granted to this state with respect to the provisions of2-29
services to persons with conditions relating to mental health or substance2-30
abuse.2-31
7. A policy of health insurance subject to the provisions of this2-32
chapter which is delivered, issued for delivery or renewed on or after2-33
January 1, 2000, has the legal effect of including the coverage required2-34
by this section, and any provision of the policy or the renewal which is in2-35
conflict with this section is void, unless the policy is otherwise exempt2-36
from the provisions of this section pursuant to subsection 4.2-37
8. As used in this section, "severe mental illness" means any of the2-38
following mental illnesses that are biologically based and for which2-39
diagnostic criteria are prescribed in the "Diagnostic and Statistical2-40
Manual of Mental Disorders," Fourth Edition, published by the2-41
American Psychiatric Association:2-42
(a) Schizophrenia.2-43
(b) Schizoaffective disorder.3-1
(c) Bipolar disorder.3-2
(d) Major depressive disorders.3-3
(e) Panic disorder.3-4
(f) Obsessive-compulsive disorder.3-5
Sec. 2. Chapter 689B of NRS is hereby amended by adding thereto a3-6
new section to read as follows:3-7
1. Notwithstanding any provisions of this Title to the contrary, a3-8
policy of group health insurance delivered or issued for delivery in this3-9
state pursuant to this chapter must provide coverage for the treatment of3-10
conditions relating to severe mental illness.3-11
2. The coverage required by this section:3-12
(a) Must provide:3-13
(1) Benefits for at least 40 days of hospitalization as an inpatient3-14
per policy year and 40 visits for treatment as an outpatient per policy3-15
year, excluding visits for the management of medication; and3-16
(2) That two visits for partial or respite care, or a combination3-17
thereof, may be substituted for each 1 day of hospitalization not used by3-18
the insured. In no event is the policy required to provide coverage for3-19
more than 40 days of hospitalization as an inpatient per policy year.3-20
(b) Is not required to provide benefits for psychosocial rehabilitation3-21
or care received as a custodial inpatient.3-22
3. Any deductibles and copayments required to be paid for the3-23
coverage required by this section must not be greater than 150 percent of3-24
the out-of-pocket expenses required to be paid for medical and surgical3-25
benefits provided pursuant to the policy of group health insurance.3-26
4. The provisions of this section do not apply to a policy of group3-27
health insurance:3-28
(a) Delivered or issued for delivery to an employer to provide coverage3-29
for his employees if the employer has no more than 25 employees.3-30
(b) If, at the end of the policy year, the premiums charged for that3-31
policy, or a standard grouping of policies, increase by more than 23-32
percent as a result of providing the coverage required by this section and3-33
the insurer obtains an exemption from the commissioner pursuant to3-34
subsection 5.3-35
5. To obtain the exemption required by paragraph (b) of subsection3-36
4, an insurer must submit to the commissioner a written request therefor3-37
that is signed by an actuary and sets forth the reasons and actuarial3-38
assumptions upon which the request is based. To determine whether an3-39
exemption may be granted, the commissioner shall subtract from the3-40
amount of premiums charged during the policy year the amount of3-41
premiums charged during the period immediately preceding the policy3-42
year and the amount of any increase in the premiums charged that is3-43
attributable to factors that are unrelated to providing the coverage4-1
required by this section. The commissioner shall verify the information4-2
within 30 days after receiving the request. The request shall be deemed4-3
approved if the commissioner does not deny the request within that time.4-4
6. The provisions of this section do not:4-5
(a) Limit the provision of specialized services covered by Medicaid for4-6
persons with conditions relating to mental health or substance abuse.4-7
(b) Supersede any provision of federal law, any federal or state policy4-8
relating to Medicaid, or the terms and conditions imposed on any4-9
Medicaid waiver granted to this state with respect to the provisions of4-10
services to persons with conditions relating to mental health or substance4-11
abuse.4-12
7. A policy of group health insurance subject to the provisions of this4-13
chapter which is delivered, issued for delivery or renewed on or after4-14
January 1, 2000, has the legal effect of including the coverage required4-15
by this section, and any provision of the policy or the renewal which is in4-16
conflict with this section is void, unless the policy is otherwise exempt4-17
from the provisions of this section pursuant to subsection 4.4-18
8. As used in this section, "severe mental illness" means any of the4-19
following mental illnesses that are biologically based and for which4-20
diagnostic criteria are prescribed in the "Diagnostic and Statistical4-21
Manual of Mental Disorders," Fourth Edition, published by the4-22
American Psychiatric Association:4-23
(a) Schizophrenia.4-24
(b) Schizoaffective disorder.4-25
(c) Bipolar disorder.4-26
(d) Major depressive disorders.4-27
(e) Panic disorder.4-28
(f) Obsessive-compulsive disorder.4-29
Sec. 3. Chapter 695B of NRS is hereby amended by adding thereto a4-30
new section to read as follows:4-31
1. Notwithstanding any provisions of this Title to the contrary, a4-32
contract for hospital or medical service delivered or issued for delivery in4-33
this state pursuant to this chapter must provide coverage for the4-34
treatment of conditions relating to severe mental illness.4-35
2. The coverage required by this section:4-36
(a) Must provide:4-37
(1) Benefits for at least 40 days of hospitalization as an inpatient4-38
per contract year and 40 visits for treatment as an outpatient per contract4-39
year, excluding visits for the management of medication; and4-40
(2) That two visits for partial or respite care, or a combination4-41
thereof, may be substituted for each 1 day of hospitalization not used by4-42
the insured. In no event is the contract required to provide coverage for4-43
more than 40 days of hospitalization as an inpatient per contract year.5-1
(b) Is not required to provide benefits for psychosocial rehabilitation5-2
or care received as a custodial inpatient.5-3
3. Any deductibles and copayments required to be paid for the5-4
coverage required by this section must not be greater than 150 percent of5-5
the out-of-pocket expenses required to be paid for medical and surgical5-6
benefits provided pursuant to the contract for hospital or medical5-7
services.5-8
4. The provisions of this section do not apply to a contract for5-9
hospital or medical service:5-10
(a) Delivered or issued for delivery to an employer to provide coverage5-11
for his employees if the employer has no more than 25 employees.5-12
(b) If, at the end of the contract year, the premiums charged for that5-13
contract, or a standard grouping of contracts, increase by more than 25-14
percent as a result of providing the coverage required by this section and5-15
the insurer obtains an exemption from the commissioner pursuant to5-16
subsection 5.5-17
5. To obtain the exemption required by paragraph (b) of subsection5-18
4, an insurer must submit to the commissioner a written request therefor5-19
that is signed by an actuary and sets forth the reasons and actuarial5-20
assumptions upon which the request is based. To determine whether an5-21
exemption may be granted, the commissioner shall subtract from the5-22
amount of premiums charged during the contract year the amount of5-23
premiums charged during the period immediately preceding the contract5-24
year and the amount of any increase in the premiums charged that is5-25
attributable to factors that are unrelated to providing the coverage5-26
required by this section. The commissioner shall verify the information5-27
within 30 days after receiving the request. The request shall be deemed5-28
approved if the commissioner does not deny the request within that time.5-29
6. The provisions of this section do not:5-30
(a) Limit the provision of specialized services covered by Medicaid for5-31
persons with conditions relating to mental health or substance abuse.5-32
(b) Supersede any provision of federal law, any federal or state policy5-33
relating to Medicaid, or the terms and conditions imposed on any5-34
Medicaid waiver granted to this state with respect to the provisions of5-35
services to persons with conditions relating to mental health or substance5-36
abuse.5-37
7. A contract for hospital or medical service subject to the provisions5-38
of this chapter which is delivered, issued for delivery or renewed on or5-39
after January 1, 2000, has the legal effect of including the coverage5-40
required by this section, and any provision of the contract or the renewal5-41
which is in conflict with this section is void, unless the contract is5-42
otherwise exempt from the provisions of this section pursuant to5-43
subsection 4.6-1
8. As used in this section, "severe mental illness" means any of the6-2
following mental illnesses that are biologically based and for which6-3
diagnostic criteria are prescribed in the "Diagnostic and Statistical6-4
Manual of Mental Disorders," Fourth Edition, published by the6-5
American Psychiatric Association:6-6
(a) Schizophrenia.6-7
(b) Schizoaffective disorder.6-8
(c) Bipolar disorder.6-9
(d) Major depressive disorders.6-10
(e) Panic disorder.6-11
(f) Obsessive-compulsive disorder.6-12
Sec. 4. Chapter 695C of NRS is hereby amended by adding thereto a6-13
new section to read as follows:6-14
1. Notwithstanding any provisions of this Title to the contrary, any6-15
evidence of coverage delivered or issued for delivery in this state6-16
pursuant to this chapter must provide coverage for the treatment of6-17
conditions relating to severe mental illness.6-18
2. The coverage required by this section:6-19
(a) Must provide:6-20
(1) Benefits for at least 40 days of hospitalization as an inpatient6-21
per year of coverage and 40 visits for treatment as an outpatient per year6-22
of coverage, excluding visits for the management of medication; and6-23
(2) That two visits for partial or respite care, or a combination6-24
thereof, may be substituted for each 1 day of hospitalization not used by6-25
the insured. In no event is the evidence of coverage required to provide6-26
coverage for more than 40 days of hospitalization as an inpatient per6-27
year of coverage.6-28
(b) Is not required to provide benefits for psychosocial rehabilitation6-29
or care received as a custodial inpatient.6-30
3. Any deductibles and copayments required to be paid for the6-31
coverage required by this section must not be greater than 150 percent of6-32
the out-of-pocket expenses required to be paid for medical and surgical6-33
benefits provided pursuant to the evidence of coverage.6-34
4. The provisions of this section do not apply to any evidence of6-35
coverage:6-36
(a) Delivered or issued for delivery to an employer to provide coverage6-37
for his employees if the employer has no more than 25 employees.6-38
(b) If, at the end of the year for which coverage was provided, the6-39
premiums charged for the evidence of coverage, or a standard grouping6-40
of evidence of coverage, increase by more than 2 percent as a result of6-41
providing the coverage required by this section and the health6-42
maintenance organization obtains an exemption from the commissioner6-43
pursuant to subsection 5.7-1
5. To obtain the exemption required by paragraph (b) of subsection7-2
4, a health maintenance organization must submit to the commissioner a7-3
written request therefor that is signed by an actuary and sets forth the7-4
reasons and actuarial assumptions upon which the request is based. To7-5
determine whether an exemption may be granted, the commissioner shall7-6
subtract from the amount of premiums charged during the year for7-7
which coverage was provided the amount of premiums charged during7-8
the period immediately preceding that year and the amount of any7-9
increase in the premiums charged that is attributable to factors that are7-10
unrelated to providing the coverage required by this section. The7-11
commissioner shall verify the information within 30 days after receiving7-12
the request. The request shall be deemed approved if the commissioner7-13
does not deny the request within that time.7-14
6. The provisions of this section do not:7-15
(a) Limit the provision of specialized services covered by Medicaid for7-16
persons with conditions relating to mental health or substance abuse.7-17
(b) Supersede any provision of federal law, any federal or state policy7-18
relating to Medicaid, or the terms and conditions imposed on any7-19
Medicaid waiver granted to this state with respect to the provisions of7-20
services to persons with conditions relating to mental health or substance7-21
abuse.7-22
7. Any evidence of coverage subject to the provisions of this chapter7-23
which is delivered, issued for delivery or renewed on or after January 1,7-24
2000, has the legal effect of including the coverage required by this7-25
section, and any provision of the evidence of coverage or the renewal7-26
which is in conflict with this section is void, unless the evidence of7-27
coverage is otherwise exempt from the provisions of this section pursuant7-28
to subsection 4.7-29
8. As used in this section, "severe mental illness" means any of the7-30
following mental illnesses that are biologically based and for which7-31
diagnostic criteria are prescribed in the "Diagnostic and Statistical7-32
Manual of Mental Disorders," Fourth Edition, published by the7-33
American Psychiatric Association:7-34
(a) Schizophrenia.7-35
(b) Schizoaffective disorder.7-36
(c) Bipolar disorder.7-37
(d) Major depressive disorders.7-38
(e) Panic disorder.7-39
(f) Obsessive-compulsive disorder.7-40
Sec. 5. NRS 287.010 is hereby amended to read as follows: 287.010 1. The governing body of any county, school district,7-42
municipal corporation, political subdivision, public corporation or other7-43
public agency of the State of Nevada may:8-1
(a) Adopt and carry into effect a system of group life, accident or health8-2
insurance, or any combination thereof, for the benefit of its officers and8-3
employees, and the dependents of officers and employees who elect to8-4
accept the insurance and who, where necessary, have authorized the8-5
governing body to make deductions from their compensation for the8-6
payment of premiums on the insurance.8-7
(b) Purchase group policies of life, accident or health insurance, or any8-8
combination thereof, for the benefit of such officers and employees, and the8-9
dependents of such officers and employees, as have authorized the8-10
purchase, from insurance companies authorized to transact the business of8-11
such insurance in the State of Nevada, and, where necessary, deduct from8-12
the compensation of officers and employees the premiums upon insurance8-13
and pay the deductions upon the premiums.8-14
(c) Provide group life, accident or health coverage through a self-8-15
insurance reserve fund and, where necessary, deduct contributions to the8-16
maintenance of the fund from the compensation of officers and employees8-17
and pay the deductions into the fund. The money accumulated for this8-18
purpose through deductions from the compensation of officers and8-19
employees and contributions of the governing body must be maintained as8-20
an internal service fund as defined by NRS 354.543. The money must be8-21
deposited in a state or national bank or credit union authorized to transact8-22
business in the State of Nevada. Any independent administrator of a fund8-23
created under this section is subject to the licensing requirements of chapter8-24
683A of NRS, and must be a resident of this state. Any contract with an8-25
independent administrator must be approved by the commissioner of8-26
insurance as to the reasonableness of administrative charges in relation to8-27
contributions collected and benefits provided. The provisions of NRS8-28
689B.030 to 689B.050, inclusive, and sections 6 and 7 of8-29
Assembly Bill No. 60 of this session apply to coverage provided pursuant8-30
to this paragraph8-31
not apply to such coverage.8-32
(d) Defray part or all of the cost of maintenance of a self-insurance fund8-33
or of the premiums upon insurance. The money for contributions must be8-34
budgeted for in accordance with the laws governing the county, school8-35
district, municipal corporation, political subdivision, public corporation or8-36
other public agency of the State of Nevada.8-37
2. If a school district offers group insurance to its officers and8-38
employees pursuant to this section, members of the board of trustees of the8-39
school district must not be excluded from participating in the group8-40
insurance. If the amount of the deductions from compensation required to8-41
pay for the group insurance exceeds the compensation to which a trustee is8-42
entitled, the difference must be paid by the trustee.9-1
Sec. 6. Section 35 of Assembly Bill No. 293 of this session is hereby9-2
amended to read as follows:9-3
Sec. 35.9-4
9-5
9-6
9-7
October 1, 1999.9-8
Sec. 7. Upon request, an insurer who delivers or issues for delivery a9-9
policy of insurance, contract for hospital or medical service or evidence of9-10
coverage pursuant to chapter 689A, 689B, 695B or 695C of NRS shall9-11
provide to the commissioner of insurance such information as the9-12
commissioner deems necessary to carry out the provisions of subsection 39-13
of section 9 of this act.9-14
Sec. 8. Sections 1, 2, 4, 6 to 22, inclusive, 24 to 29, inclusive, 32, 339-15
and 34 of Assembly Bill No. 293 of this session are hereby repealed.9-16
Sec. 9. 1. This section and sections 6 and 8 of this act become9-17
effective upon passage and approval only if the governor has first signed9-18
Assembly Bill No. 293 of this session.9-19
2. Sections 1 to 5, inclusive, and 7 of this act become effective on9-20
January 1, 2000, only if the governor has first signed Assembly Bill No.9-21
293 of this session.9-22
3. The provisions of sections 1 to 5, inclusive, and 7 of this act expire9-23
by limitation on May 1, 2004, if, on January 1, 2003, the commissioner of9-24
insurance issues a determination that the cumulative average increase in9-25
premiums for policies of insurance, contracts for hospital or medical9-26
service and evidence of coverage delivered or issued for delivery pursuant9-27
to chapters 689A, 689B, 695B and 695C of NRS, respectively, that is9-28
directly attributable to coverage for the treatment of conditions relating to9-29
severe mental illness required to be provided by this act is greater than 69-30
percent.~