A.B. 123
Assembly Bill No. 123–Assemblymen de Braga, Chowning, Freeman, Gibbons, Anderson, Berman, Claborn, Collins, Giunchigliani, Koivisto, Lee, Manendo, Mortenson, Oceguera, Parks, Parnell and Smith
February 13, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to health insurance. (BDR 57‑603)
FISCAL NOTE: Effect on Local Government: Yes.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to health insurance; requiring health insurers to provide certain information concerning payment for health care services to an insured or provider of health care upon request; requiring health insurers to reimburse certain specialists with whom they do not have a contract for health care services provided to certain insureds; requiring the board of the public employees’ benefits program to comply with certain provisions concerning health insurance applicable to other insurers with regard to health insurance it provides through a plan of self-insurance; requiring the board to notify certain persons of a proposed change in the premium charged for or coverage of health insurance provided by the public employees’ benefits program; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 679B.130 is hereby amended to read as follows:
1-2 679B.130 1. The commissioner may adopt reasonable regulations for
1-3 the administration of any provision of this code , [or] chapters 616A to
1-4 617, inclusive, of NRS[.] and section 23 of this act.
1-5 2. A person who willfully violates any regulation of the commissioner
1-6 is subject to such suspension or revocation of a certificate of authority or
1-7 license, or administrative fine in lieu of such suspension or revocation, as
1-8 may be applicable under this code or chapter 616A, 616B, 616C, 616D or
1-9 617 of NRS for violation of the provision to which the regulation relates.
1-10 No penalty applies to any act done or omitted in good faith in conformity
1-11 with any such regulation, notwithstanding that the regulation may, after the
1-12 act or omission, be amended, rescinded or determined by a judicial or other
1-13 authority to be invalid for any reason.
2-1 Sec. 2. Chapter 689A of NRS is hereby amended by adding thereto
2-2 the provisions set forth as sections 3 and 4 of this act.
2-3 Sec. 3. An insurer shall, at the request of an insured or provider of
2-4 health care with whom it has a contract for the provision of health care
2-5 services, provide as soon as practicable to the insured or provider of
2-6 health care:
2-7 1. An estimate of the rate at which the provider of health care will be
2-8 reimbursed for providing a health care service to the insured and the
2-9 amount of money for which the insured will be responsible for the health
2-10 care service; or
2-11 2. If the insurer pays claims on the basis of fees for health care
2-12 services that are usual and customary, an estimate of the usual and
2-13 customary fee for providing a health care service to the insured and the
2-14 percentage of that fee for which the insured will be responsible,
2-15 including, without limitation, the percentage of the fee for which the
2-16 insured will be responsible if the health care service provided to the
2-17 insured is provided by a provider of health care who does not have a
2-18 contract for the provision of health care services with the insurer.
2-19 Sec. 4. 1. If an insured requires health care services that may be
2-20 provided by a specialist and his insurer does not have a contract for the
2-21 provision of health care services with such a specialist whose place of
2-22 business is located within 50 miles from the residence of the insured, the
2-23 insurer shall reimburse:
2-24 (a) A specialist whose place of business is located within 50 miles
2-25 from the residence of the insured; or
2-26 (b) A specialist whose place of business is located more than 50 miles
2-27 from the residence of the insured if there is no specialist whose place of
2-28 business is located within 50 miles from the residence of the insured,
2-29 for specialized health care services that are provided to the insured by
2-30 that specialist.
2-31 2. An insurer shall reimburse a specialist pursuant to the provisions
2-32 of this section in an amount that is not less than the amount the insurer
2-33 would be required to reimburse a specialist with whom it has a contract
2-34 for the provision of health care services.
2-35 Sec. 5. NRS 689A.0423 is hereby amended to read as follows:
2-36 689A.0423 1. A policy of health insurance must provide coverage
2-37 for:
2-38 (a) Enteral formulas for use at home that are prescribed or ordered by a
2-39 physician as medically necessary for the treatment of inherited metabolic
2-40 diseases characterized by deficient metabolism, or malabsorption
2-41 originating from congenital defects or defects arising shortly after birth, of
2-42 amino acid, organic acid, carbohydrate or fat; and
2-43 (b) [At least $2,500 per year for special] Special food products which
2-44 are prescribed or ordered by a physician as medically necessary for the
2-45 treatment of a person described in paragraph (a).
2-46 2. The coverage required by subsection 1 must be [provided] :
2-47 (a) Provided whether or not the condition existed when the policy was
2-48 purchased[.] ; and
3-1 (b) Subject to the same deductible, copayment, coinsurance, waiting
3-2 period and any other conditions for coverage that are required under the
3-3 policy.
3-4 3. A policy subject to the provisions of this chapter that is delivered,
3-5 issued for delivery or renewed on or after [January 1, 1998,] October 1,
3-6 2001, has the legal effect of including the coverage required by this
3-7 section, and any provision of the policy or the renewal which is in conflict
3-8 with this section is void.
3-9 4. As used in this section:
3-10 (a) “Inherited metabolic disease” means a disease caused by an
3-11 inherited abnormality of the body chemistry of a person.
3-12 (b) “Special food product” means a food product that is specially
3-13 formulated to have less than one gram of protein per serving and is
3-14 intended to be consumed under the direction of a physician for the dietary
3-15 treatment of an inherited metabolic disease. The term does not include a
3-16 food that is naturally low in protein.
3-17 Sec. 6. Chapter 689B of NRS is hereby amended by adding thereto
3-18 the provisions set forth as sections 7 and 8 of this act.
3-19 Sec. 7. An insurer that issues a policy of group health insurance
3-20 shall, at the request of an insured or provider of health care with whom it
3-21 has a contract for the provision of health care services, provide as soon
3-22 as practicable to the insured or provider of health care:
3-23 1. An estimate of the rate at which the provider of health care will be
3-24 reimbursed for providing a health care service to the insured and the
3-25 amount of money for which the insured will be responsible for the health
3-26 care service; or
3-27 2. If the insurer pays claims on the basis of fees for health care
3-28 services that are usual and customary, an estimate of the usual and
3-29 customary fee for providing a health care service to the insured and the
3-30 percentage of that fee for which the insured will be responsible,
3-31 including, without limitation, the percentage of the fee for which the
3-32 insured will be responsible if the health care service provided to the
3-33 insured is provided by a provider of health care who does not have a
3-34 contract for the provision of health care services with the insurer.
3-35 Sec. 8. 1. If an insured requires health care services that may be
3-36 provided by a specialist and his insurer that issues a policy of group
3-37 health insurance does not have a contract for the provision of health
3-38 care services with such a specialist whose place of business is located
3-39 within 50 miles from the residence of the insured, the insurer shall
3-40 reimburse:
3-41 (a) A specialist whose place of business is located within 50 miles
3-42 from the residence of the insured; or
3-43 (b) A specialist whose place of business is located more than 50 miles
3-44 from the residence of the insured if there is no specialist whose place of
3-45 business is located within 50 miles from the residence of the insured,
3-46 for specialized health care services that are provided to the insured by
3-47 that specialist.
3-48 2. An insurer that issues a policy of group health insurance shall
3-49 reimburse a specialist pursuant to the provisions of this section in an
4-1 amount that is not less than the amount the insurer would be required to
4-2 reimburse a specialist with whom it has a contract for the provision of
4-3 health care services.
4-4 Sec. 9. NRS 689B.0353 is hereby amended to read as follows:
4-5 689B.0353 1. A policy of group health insurance must provide
4-6 coverage for:
4-7 (a) Enteral formulas for use at home that are prescribed or ordered by a
4-8 physician as medically necessary for the treatment of inherited metabolic
4-9 diseases characterized by deficient metabolism, or malabsorption
4-10 originating from congenital defects or defects arising shortly after birth, of
4-11 amino acid, organic acid, carbohydrate or fat; and
4-12 (b) [At least $2,500 per year for special] Special food products which
4-13 are prescribed or ordered by a physician as medically necessary for the
4-14 treatment of a person described in paragraph (a).
4-15 2. The coverage required by subsection 1 must be [provided] :
4-16 (a) Provided whether or not the condition existed when the policy was
4-17 purchased[.] ; and
4-18 (b) Subject to the same deductible, copayment, coinsurance, waiting
4-19 period and any other conditions for coverage that are required under the
4-20 policy.
4-21 3. A policy subject to the provisions of this chapter that is delivered,
4-22 issued for delivery or renewed on or after [January 1, 1998,] October 1,
4-23 2001, has the legal effect of including the coverage required by this
4-24 section, and any provision of the policy or the renewal which is in conflict
4-25 with this section is void.
4-26 4. As used in this section:
4-27 (a) “Inherited metabolic disease” means a disease caused by an
4-28 inherited abnormality of the body chemistry of a person.
4-29 (b) “Special food product” means a food product that is specially
4-30 formulated to have less than one gram of protein per serving and is
4-31 intended to be consumed under the direction of a physician for the dietary
4-32 treatment of an inherited metabolic disease. The term does not include a
4-33 food that is naturally low in protein.
4-34 Sec. 10. Chapter 695A of NRS is hereby amended by adding thereto
4-35 the provisions set forth as sections 11 and 12 of this act.
4-36 Sec. 11. A society shall, at the request of an insured or provider of
4-37 health care with whom it has a contract for the provision of health care
4-38 services, provide as soon as practicable to the insured or provider of
4-39 health care:
4-40 1. An estimate of the rate at which the provider of health care will be
4-41 reimbursed for providing a health care service to the insured and the
4-42 amount of money for which the insured will be responsible for the health
4-43 care service; or
4-44 2. If the society pays claims on the basis of fees for health care
4-45 services that are usual and customary, an estimate of the usual and
4-46 customary fee for providing a health care service to the insured and the
4-47 percentage of that fee for which the insured will be responsible,
4-48 including, without limitation, the percentage of the fee for which the
4-49 insured will be responsible if the health care service provided to the
5-1 insured is provided by a provider of health care who does not have a
5-2 contract for the provision of health care services with the society.
5-3 Sec. 12. 1. If an insured requires health care services that may be
5-4 provided by a specialist and his society does not have a contract for the
5-5 provision of health care services with such a specialist whose place of
5-6 business is located within 50 miles from the residence of the insured, the
5-7 society shall reimburse:
5-8 (a) A specialist whose place of business is located within 50 miles
5-9 from the residence of the insured; or
5-10 (b) A specialist whose place of business is located more than 50 miles
5-11 from the residence of the insured if there is no specialist whose place of
5-12 business is located within 50 miles from the residence of the insured,
5-13 for specialized health care services that are provided to the insured by
5-14 that specialist.
5-15 2. A society shall reimburse a specialist pursuant to the provisions of
5-16 this section in an amount that is not less than the amount the society
5-17 would be required to reimburse a specialist with whom it has a contract
5-18 for the provision of health care services.
5-19 Sec. 13. Chapter 695B of NRS is hereby amended by adding thereto
5-20 the provisions set forth as sections 14 and 15 of this act.
5-21 Sec. 14. A corporation that is subject to the provisions of this
5-22 chapter shall, at the request of an insured or provider of health care with
5-23 whom it has a contract for the provision of health care services, provide
5-24 as soon as practicable to the insured or provider of health care:
5-25 1. An estimate of the rate at which the provider of health care will be
5-26 reimbursed for providing a health care service to the insured and the
5-27 amount of money for which the insured will be responsible for the health
5-28 care service; or
5-29 2. If the corporation pays claims on the basis of fees for health care
5-30 services that are usual and customary, an estimate of the usual and
5-31 customary fee for providing a health care service to the insured and the
5-32 percentage of that fee for which the insured will be responsible,
5-33 including, without limitation, the percentage of the fee for which the
5-34 insured will be responsible if the health care service provided to the
5-35 insured is provided by a provider of health care who does not have a
5-36 contract for the provision of health care services with the corporation.
5-37 Sec. 15. 1. If an insured requires health care services that may be
5-38 provided by a specialist and his corporation that is subject to the
5-39 provisions of this chapter, does not have a contract for the provision of
5-40 health care services with such a specialist whose place of business is
5-41 located within 50 miles from the residence of the insured, the corporation
5-42 shall reimburse:
5-43 (a) A specialist whose place of business is located within 50 miles
5-44 from the residence of the insured; or
5-45 (b) A specialist whose place of business is located more than 50 miles
5-46 from the residence of the insured if there is no specialist whose place of
5-47 business is located within 50 miles from the residence of the insured,
6-1 for specialized health care services that are provided to the insured by
6-2 that specialist.
6-3 2. A corporation that is subject to the provisions of this chapter shall
6-4 reimburse a specialist pursuant to the provisions of this section in an
6-5 amount that is not less than the amount the corporation would be
6-6 required to reimburse a specialist with whom it has a contract for the
6-7 provision of health care services.
6-8 Sec. 16. NRS 695B.1923 is hereby amended to read as follows:
6-9 695B.1923 1. A contract for hospital or medical service must
6-10 provide coverage for:
6-11 (a) Enteral formulas for use at home that are prescribed or ordered by a
6-12 physician as medically necessary for the treatment of inherited metabolic
6-13 diseases characterized by deficient metabolism, or malabsorption
6-14 originating from congenital defects or defects arising shortly after birth, of
6-15 amino acid, organic acid, carbohydrate or fat; and
6-16 (b) [At least $2,500 per year for special] Special food products which
6-17 are prescribed or ordered by a physician as medically necessary for the
6-18 treatment of a person described in paragraph (a).
6-19 2. The coverage required by subsection 1 must be [provided] :
6-20 (a) Provided whether or not the condition existed when the contract was
6-21 purchased[.] ; and
6-22 (b) Subject to the same deductible, copayment, coinsurance, waiting
6-23 period and any other conditions for coverage that are required under the
6-24 contract.
6-25 3. A contract subject to the provisions of this chapter that is delivered,
6-26 issued for delivery or renewed on or after [January 1, 1998,] October 1,
6-27 2001, has the legal effect of including the coverage required by this
6-28 section, and any provision of the contract or the renewal which is in
6-29 conflict with this section is void.
6-30 4. As used in this section:
6-31 (a) “Inherited metabolic disease” means a disease caused by an
6-32 inherited abnormality of the body chemistry of a person.
6-33 (b) “Special food product” means a food product that is specially
6-34 formulated to have less than one gram of protein per serving and is
6-35 intended to be consumed under the direction of a physician for the dietary
6-36 treatment of an inherited metabolic disease. The term does not include a
6-37 food that is naturally low in protein.
6-38 Sec. 17. Chapter 695C of NRS is hereby amended by adding thereto
6-39 the provisions set forth as sections 18 and 19 of this act.
6-40 Sec. 18. A health maintenance organization shall, at the request of
6-41 an enrollee or provider of health care with whom it has a contract for the
6-42 provision of health care services, provide as soon as practicable to the
6-43 enrollee or provider of health care:
6-44 1. An estimate of the rate at which the provider of health care will be
6-45 reimbursed for providing a health care service to the enrollee and the
6-46 amount of money for which the enrollee will be responsible for the
6-47 health care service; or
6-48 2. If the health maintenance organization pays claims on the basis of
6-49 fees for health care services that are usual and customary, an estimate of
7-1 the usual and customary fee for providing a health care service to the
7-2 enrollee and the percentage of that fee for which the enrollee will be
7-3 responsible, including, without limitation, the percentage of the fee for
7-4 which the enrollee will be responsible if the health care service provided
7-5 to the enrollee is provided by a provider of health care who does not have
7-6 a contract for the provision of health care services with the health
7-7 maintenance organization.
7-8 Sec. 19. 1. If an enrollee requires health care services that may be
7-9 provided by a specialist and his health maintenance organization does
7-10 not have a contract for the provision of health care services with such a
7-11 specialist whose place of business is located within 50 miles from the
7-12 residence of the enrollee, the health maintenance organization shall
7-13 reimburse:
7-14 (a) A specialist whose place of business is located within 50 miles
7-15 from the residence of the enrollee; or
7-16 (b) A specialist whose place of business is located more than 50 miles
7-17 from the residence of the enrollee if there is no specialist whose place of
7-18 business is located within 50 miles from the residence of the enrollee,
7-19 for specialized health care services that are provided to the enrollee by
7-20 that specialist.
7-21 2. A health maintenance organization shall reimburse a specialist
7-22 pursuant to the provisions of this section in an amount that is not less
7-23 than the amount the health maintenance organization would be required
7-24 to reimburse a specialist with whom it has a contract for the provision of
7-25 health care services.
7-26 Sec. 20. NRS 695C.050 is hereby amended to read as follows:
7-27 695C.050 1. Except as otherwise provided in this chapter or in
7-28 specific provisions of this Title, the provisions of this Title are not
7-29 applicable to any health maintenance organization granted a certificate of
7-30 authority under this chapter. This provision does not apply to an insurer
7-31 licensed and regulated pursuant to this Title except with respect to its
7-32 activities as a health maintenance organization authorized and regulated
7-33 pursuant to this chapter.
7-34 2. Solicitation of enrollees by a health maintenance organization
7-35 granted a certificate of authority, or its representatives, must not be
7-36 construed to violate any provision of law relating to solicitation or
7-37 advertising by practitioners of a healing art.
7-38 3. Any health maintenance organization authorized under this chapter
7-39 shall not be deemed to be practicing medicine and is exempt from the
7-40 provisions of chapter 630 of NRS.
7-41 4. The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive,
7-42 695C.250 and 695C.265 and sections 18 and 19 of this act do not apply to
7-43 a health maintenance organization that provides health care services
7-44 through managed care to recipients of Medicaid under the state plan for
7-45 Medicaid or insurance pursuant to the children’s health insurance program
7-46 pursuant to a contract with the division of health care financing and policy
7-47 of the department of human resources. This subsection does not exempt a
8-1 health maintenance organization from any provision of this chapter for
8-2 services provided pursuant to any other contract.
8-3 5. The provisions of NRS 695C.1694 and 695C.1695 apply to a health
8-4 maintenance organization that provides health care services through
8-5 managed care to recipients of Medicaid under the state plan for Medicaid.
8-6 Sec. 21. NRS 695C.1723 is hereby amended to read as follows:
8-7 695C.1723 1. A health maintenance plan must provide coverage for:
8-8 (a) Enteral formulas for use at home that are prescribed or ordered by a
8-9 physician as medically necessary for the treatment of inherited metabolic
8-10 diseases characterized by deficient metabolism, or malabsorption
8-11 originating from congenital defects or defects arising shortly after birth, of
8-12 amino acid, organic acid, carbohydrate or fat; and
8-13 (b) [At least $2,500 per year for special] Special food products which
8-14 are prescribed or ordered by a physician as medically necessary for the
8-15 treatment of a person described in paragraph (a).
8-16 2. The coverage required by subsection 1 must be [provided] :
8-17 (a) Provided whether or not the condition existed when the health
8-18 maintenance plan was purchased[.] ; and
8-19 (b) Subject to the same deductible, copayment, coinsurance, waiting
8-20 period and any other conditions for coverage that are required under the
8-21 health maintenance plan.
8-22 3. Any evidence of coverage subject to the provisions of this chapter
8-23 that is delivered, issued for delivery or renewed on or after [January 1,
8-24 1998,] October 1, 2001, has the legal effect of including the coverage
8-25 required by this section, and any provision of the evidence of coverage or
8-26 the renewal which is in conflict with this section is void.
8-27 4. As used in this section:
8-28 (a) “Inherited metabolic disease” means a disease caused by an
8-29 inherited abnormality of the body chemistry of a person.
8-30 (b) “Special food product” means a food product that is specially
8-31 formulated to have less than one gram of protein per serving and is
8-32 intended to be consumed under the direction of a physician for the dietary
8-33 treatment of an inherited metabolic disease. The term does not include a
8-34 food that is naturally low in protein.
8-35 Sec. 22. NRS 695F.090 is hereby amended to read as follows:
8-36 695F.090 Prepaid limited health service organizations are subject to
8-37 the provisions of this chapter and to the following provisions, to the extent
8-38 reasonably applicable:
8-39 1. NRS 687B.310 to 687B.420, inclusive, concerning cancellation and
8-40 nonrenewal of policies.
8-41 2. NRS 687B.122 to 687B.128, inclusive, concerning readability of
8-42 policies.
8-43 3. The requirements of NRS 679B.152.
8-44 4. The fees imposed pursuant to NRS 449.465.
8-45 5. NRS 686A.010 to 686A.310, inclusive, concerning trade practices
8-46 and frauds.
8-47 6. The assessment imposed pursuant to subsection 3 of NRS
8-48 679B.158.
8-49 7. Chapter 683A of NRS.
9-1 8. [To the extent applicable, the provisions of] NRS 689B.340 to
9-2 689B.600, inclusive, and chapter 689C of NRS relating to the portability
9-3 and availability of health insurance.
9-4 9. NRS 689A.035, 689A.410 and 689A.413[.] and sections 3 and 4 of
9-5 this act.
9-6 10. NRS 680B.025 to 680B.039, inclusive, concerning premium tax,
9-7 premium tax rate, annual report and estimated quarterly tax payments. For
9-8 the purposes of this subsection, unless the context otherwise requires that a
9-9 section apply only to insurers, any reference in those sections to “insurer”
9-10 must be replaced by a reference to “prepaid limited health service
9-11 organization.”
9-12 11. Chapter 692C of NRS, concerning holding companies.
9-13 Sec. 23. Chapter 287 of NRS is hereby amended by adding thereto a
9-14 new section to read as follows:
9-15 If the board provides health insurance through a plan of self-
9-16 insurance, it shall comply with the provisions of NRS 689B.255,
9-17 695G.150, 695G.160, 695G.170, 695G.200 to 695G.230, inclusive, and
9-18 sections 7 and 8 of this act in the same manner as an insurer that is
9-19 licensed pursuant to Title 57 of NRS is required to comply with those
9-20 provisions.
9-21 Sec. 24. NRS 287.0402 is hereby amended to read as follows:
9-22 287.0402 As used in NRS 287.0402 to 287.049, inclusive, and section
9-23 23 of this act, unless the context otherwise requires, the words and terms
9-24 defined in NRS 287.0404 and 287.0406 have the meanings ascribed to
9-25 them in those sections.
9-26 Sec. 25. NRS 287.043 is hereby amended to read as follows:
9-27 287.043 1. The board shall:
9-28 (a) Establish and carry out a program to be known as the public
9-29 employees’ benefits program which:
9-30 (1) Must include a program relating to group life, accident or health
9-31 insurance, or any combination of these; and
9-32 (2) May include a program to reduce taxable compensation or other
9-33 forms of compensation other than deferred compensation,
9-34 for the benefit of all state officers and employees and other persons who
9-35 participate in the program.
9-36 (b) Ensure that the program is funded on an actuarially sound basis and
9-37 operated in accordance with sound insurance and business practices.
9-38 2. In establishing and carrying out the program, the board shall:
9-39 (a) Except as otherwise provided in this paragraph, negotiate and
9-40 contract with the governing body of any public agency enumerated in NRS
9-41 287.010 [which is desirous of obtaining] that wishes to obtain group
9-42 insurance for its officers, employees and retired employees by participation
9-43 in the program. The board shall establish separate rates and coverage for
9-44 those officers, employees and retired employees based on actuarial reports.
9-45 (b) [Give] Except as otherwise provided in paragraph (c), provide
9-46 public notice in writing of any proposed changes in rates or coverage to
9-47 each participating public employer who may be affected by the changes.
9-48 Notice must be provided at least 30 days before the effective date of the
9-49 changes.
10-1 (c) If a proposed change is a change in the premium charged for or
10-2 coverage of health insurance, provide written notice of the proposed
10-3 change to all state officers, employees, retired employees and other
10-4 persons who participate in the program and may be affected by the
10-5 proposed change. The notice must be provided at least 60 days before the
10-6 date a state officer, employee, retired employee or other person is
10-7 required to select or change his policy of health insurance.
10-8 (d) Purchase policies of life, accident or health insurance, or any
10-9 combination of these, or, if applicable, a program to reduce the amount of
10-10 taxable compensation pursuant to 26 U.S.C. § 125, from any company
10-11 qualified to do business in this state or provide similar coverage through a
10-12 plan of self-insurance established pursuant to NRS 287.0433 for the benefit
10-13 of all eligible public officers, employees and retired employees who
10-14 participate in the program.
10-15 [(d)] (e) Except as otherwise provided in this Title, develop and
10-16 establish other employee benefits as necessary.
10-17 [(e)] (f) Investigate and approve or disapprove any contract proposed
10-18 pursuant to NRS 287.0479.
10-19 [(f)] (g) Adopt such regulations and perform such other duties as are
10-20 necessary to carry out the provisions of NRS 287.0402 to 287.049,
10-21 inclusive, and section 23 of this act, including, without limitation, the
10-22 establishment of:
10-23 (1) Fees for applications for participation in the program and for the
10-24 late payment of premiums or contributions;
10-25 (2) Conditions for entry and reentry into the program by public
10-26 agencies enumerated in NRS 287.010;
10-27 (3) The levels of participation in the program required for employees
10-28 of participating public agencies;
10-29 (4) Procedures by which a group of participants in the program may
10-30 leave the program pursuant to NRS 287.0479 and conditions and
10-31 procedures for reentry into the program by [such] those participants; and
10-32 (5) Specific procedures for the determination of contested claims.
10-33 [(g)] (h) Appoint an independent certified public accountant. The
10-34 accountant shall provide:
10-35 (1) An annual audit of the program; and
10-36 (2) A biennial audit of the program to determine whether the program
10-37 complies with federal and state laws relating to taxes and employee
10-38 benefits.
10-39 The accountant shall report to the board and the interim retirement and
10-40 benefits committee of the legislature created pursuant to NRS 218.5373.
10-41 3. The board may use any services provided to state agencies and shall
10-42 use the services of the purchasing division of the department of
10-43 administration to establish and carry out the program.
10-44 4. The board may make recommendations to the legislature concerning
10-45 legislation that it deems necessary and appropriate regarding the program.
10-46 5. The state and any other public employers that participate in the
10-47 program are not liable for any obligation of the program other than
10-48 indemnification of the board and its employees against liability relating to
11-1 the administration of the program, subject to the limitations specified in
11-2 NRS 41.0349.
11-3 6. As used in this section, “employee benefits” includes any form of
11-4 compensation provided to a state employee pursuant to this Title except
11-5 federal benefits, wages earned, legal holidays, deferred compensation and
11-6 benefits available pursuant to chapter 286 of NRS.
11-7 H