ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend sec. 3, page 4, by deleting lines 20 through 26 and inserting:
“7. The Commissioner may require an administrator to provide evidence which demonstrates that the administrator has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.”.
Amend sec. 3, page 4, line 27, by deleting “(b)” and inserting “8.”.
Amend sec. 3, pages 4 and 5, by deleting lines 31 through 44 on page 4 and lines 1 and 2 on page 5, and inserting:
“Commissioner. Upon a second or subsequent determination that an administrator is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of registration of the administrator.”.
Amend the bill as a whole by deleting sec. 4 and adding:
“Sec. 4. (Deleted by amendment.)”.
Amend sec. 5, page 6, line 18, after “to” by inserting:
“paragraph (a) of”.
Amend sec. 5, page 6, by deleting line 22 and inserting:
“interested person, and any association of persons or organization whose members may be affected, may intervene as a matter of right in”.
Amend sec. 5, page 6, line 25, by deleting “686B.050.” and inserting:
“686B.050 and subsection 2 of NRS 686B.070.”.
Amend the bill as a whole by deleting sec. 8 and adding new sections designated sections 8 through 8.7, following sec. 7, to read as follows:
“Sec. 8. NRS 686B.070 is hereby amended to read as follows:
686B.070 1. Every authorized insurer and every rate service organization licensed under NRS [686B.130] 686B.140 which has been designated by any insurer for the filing of rates under subsection 2 of NRS 686B.090 shall file with the Commissioner all:
[1.] (a) Rates and proposed increases thereto;
[2.] (b) Forms of policies to which the rates apply;
[3.] (c) Supplementary rate information; and
[4.] (d) Changes and amendments thereof,
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made by it for use in this state.
2. If an insurer makes a filing for a proposed increase in a rate for insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient, the insurer shall not include in the filing any component that is directly or indirectly related to the following:
(a) Capital losses, diminished cash flow from any dividends, interest or other investment returns, or any other financial loss that is materially outside of the claims experience of the professional liability insurance industry, as determined by the Commissioner.
(b) Losses that are the result of any criminal or fraudulent activities of a director, officer or employee of the insurer.
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If the Commissioner
determines that a filing includes any such component, the Commissioner shall,
pursuant to NRS 686B.110, disapprove the proposed increase, in whole or in
part, to the extent that the proposed increase relies upon such a component.
Sec. 8.3. NRS 686B.090 is hereby amended to read as follows:
686B.090 1. An insurer shall establish rates and supplementary rate information for any market segment based on the factors in NRS 686B.060. If an insurer has insufficient creditable loss experience, it may use rates and supplementary rate information prepared by a rate service organization, with modification for its own expense and loss experience.
2. An insurer may discharge its obligation under subsection 1 of NRS 686B.070 by giving notice to the Commissioner that it uses rates and supplementary rate information prepared by a designated rate service organization, with such information about modifications thereof as are necessary fully to inform the Commissioner. The insurer’s rates and supplementary rate information shall be deemed those filed from time to time by the rate service organization, including any amendments thereto as filed, subject [, however,] to the modifications filed by the insurer.
Sec. 8.7. NRS 686B.110 is hereby amended to read as follows:
686B.110 1. The Commissioner shall consider each proposed increase or decrease in the rate of any kind or line of insurance or subdivision thereof filed with him pursuant to subsection 1 of NRS 686B.070. If the Commissioner finds that a proposed increase will result in a rate which is not in compliance with NRS 686B.050 [,] or subsection 2 of NRS 686B.070, he shall disapprove the proposal. The Commissioner shall approve or disapprove each proposal no later than 60 days after it is determined by him to be complete pursuant to subsection 4. If the Commissioner fails to approve or disapprove the proposal within that period, the proposal shall be deemed approved.
2. Whenever an insurer has no legally effective rates as a result of the Commissioner’s disapproval of rates or other act, the Commissioner shall on request specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by him. When new rates become legally effective, the Commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis must not be required.
3. If the Commissioner disapproves a proposed rate and an insurer requests a hearing to determine the validity of his action, the insurer has the burden of showing compliance with the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive. Any such hearing must be held:
(a) Within 30 days after the request for a hearing has been submitted to the Commissioner; or
(b) Within a period agreed upon by the insurer and the Commissioner.
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If the hearing is not held within the period specified in
paragraph (a) or (b), or if the Commissioner fails to issue an order concerning
the proposed rate for which the hearing is held within 45 days after the
hearing, the proposed rate shall be deemed approved.
4. The Commissioner shall by regulation specify the documents or any other information which must be included in a proposal to increase or decrease a rate submitted to him pursuant to subsection 1. Each such proposal shall be deemed complete upon its filing with the Commissioner, unless the Commissioner, within 15 business days after the proposal is filed with him, determines that the proposal is incomplete because the proposal does not comply with the regulations adopted by him pursuant to this subsection.”.
Amend sec. 9, page 9, by deleting line 35 and inserting:
“this section, if:
(1) The insured is actively undergoing a medically necessary course of treatment; and
(2) The provider of health care and the insured agree that the continuity of care is desirable.”.
Amend sec. 9, page 9, by deleting lines 38 through 40 and inserting:
“provides to the insured pursuant to this section, if the provider of health care agrees:
(1) To provide medical treatment under the terms of the contract between the provider of health care and the insurer with regard to the insured, including, without limitation, the rates of payment for providing medical service, as those terms existed before the termination of the contract between the provider of health care and the insurer; and
(2) Not to seek payment from the insured for any medical service provided by the provider of health care that the provider of health care could not have received from the insured were the provider of health care still under contract with the insurer.”.
Amend sec. 9, page 9, line 43, by deleting “180th” and inserting “120th”.
Amend sec. 9, page 10, line 7, by deleting:
“incompetence or misconduct” and inserting:
“medical incompetence or professional misconduct”.
Amend sec. 10, pages 10 and 11, by deleting lines 23 through 44 on page 10 and lines 1 through 13 on page 11, and inserting:
“to provide health care to an insured unless the insurer uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.
3. A contract between an insurer and a provider of health care may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the insurer upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
4. If an insurer contracts with a provider of health care to”.
Amend sec. 10, page 11, between lines 21 and 22, by inserting:
“5. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.”.
Amend sec. 12, page 12, by deleting lines 23 through 29 and inserting:
“7. The Commissioner may require an insurer to provide evidence which demonstrates that the insurer has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.”.
Amend sec. 12, page 12, line 30, by deleting “(b)” and inserting “8.”.
Amend sec. 12, pages 12 and 13, by deleting lines 34 through 45 on page 12 and lines 1 through 3 on page 13, and inserting:
“Commissioner. Upon a second or subsequent determination that an insurer is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the insurer.”.
Amend sec. 13, page 13, by deleting line 17 and inserting:
“this section, if:
(1) The insured is actively undergoing a medically necessary course of treatment; and
(2) The provider of health care and the insured agree that the continuity of care is desirable.”.
Amend sec. 13, page 13, by deleting lines 20 through 22 and inserting:
“provides to the insured pursuant to this section, if the provider of health care agrees:
(1) To provide medical treatment under the terms of the contract between the provider of health care and the insurer with regard to the insured, including, without limitation, the rates of payment for providing medical service, as those terms existed before the termination of the contract between the provider of health care and the insurer; and
(2) Not to seek payment from the insured for any medical service provided by the provider of health care that the provider of health care could not have received from the insured were the provider of health care still under contract with the insurer.”.
Amend sec. 13, page 13, line 25, by deleting “180th” and inserting “120th”.
Amend sec. 13, page 13, line 34, by deleting:
“incompetence or misconduct” and inserting:
“medical incompetence or professional misconduct”.
Amend sec. 14, page 14, by deleting lines 8 through 42 and inserting:
“unless the insurer uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.
3. A contract between an insurer specified in subsection 1 and a provider of health care may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the insurer upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
4. If an insurer specified in subsection 1 contracts with a”.
Amend sec. 14, page 15, between lines 7 and 8, by inserting:
“5. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.”.
Amend sec. 15, page 16, by deleting lines 1 through 7 and inserting:
“7. The Commissioner may require an insurer to provide evidence which demonstrates that the insurer has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.”.
Amend sec. 15, page 16, line 8, by deleting “(b)” and inserting “8.”.
Amend sec. 15, page 16, by deleting lines 12 through 26 and inserting:
“Commissioner. Upon a second or subsequent determination that an insurer is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the insurer.”.
Amend sec. 16, pages 16 and 17, by deleting lines 35 through 44 on page 16 and lines 1 through 25 on page 17, and inserting:
“unless the carrier uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.
3. A contract between a carrier specified in subsection 1 and a provider of health care may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the carrier upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
4. If a carrier specified in subsection 1 contracts with a”.
Amend sec. 16, page 17, between lines 34 and 35, by inserting:
“5. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.”.
Amend sec. 17, page 18, by deleting lines 29 through 35 and inserting:
“7. The Commissioner may require a carrier to provide evidence which demonstrates that the carrier has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.”.
Amend sec. 17, page 18, line 36, by deleting “(b)” and inserting “8.”.
Amend sec. 17, pages 18 and 19, by deleting lines 40 through 44 on page 18 and lines 1 through 10 on page 19, and inserting:
“Commissioner. Upon a second or subsequent determination that a carrier is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the carrier.”.
Amend the bill as a whole by deleting sec. 19 and adding a new section designated sec. 19, following sec. 18, to read as follows:
“Sec. 19. If a settlement or judgment exceeds the limits of the coverage provided by a policy of insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient, the Commissioner shall review the settlement or judgment. If the Commissioner finds, after notice and a hearing, or upon waiver of hearing by the insurer, that the insurer who issued the policy violated any provision of this code with regard to the settlement or judgment, any combination of such settlements or judgments, or any proceedings related thereto, the Commissioner may suspend, limit or revoke the insurer’s certificate of authority.”.
Amend sec. 21, page 19, line 33, by deleting “1.”.
Amend sec. 21, pages 19 and 20, by deleting lines 37 through 45 on page 19 and lines 1 through 11 on page 20, and inserting:
“rate that is higher than the standard rate of the insurer for the applicable type of policy and specialty of the practitioner, the insurer shall, upon the request of the practitioner, disclose the reasons the insurer set the premium for the policy at the higher rate.”.
Amend sec. 22, pages 20 and 21, by deleting lines 12 through 45 on page 20 and lines 1 through 28 on page 21, and inserting:
“Sec. 22. 1. Except as otherwise provided in this section, if an insurer intends to cancel, terminate or otherwise not renew all policies of professional liability insurance that it has issued to any class, type or specialty of practitioner licensed pursuant to chapter 630, 631 or 633 of NRS, the insurer must provide 120 days’ notice of its intended action to the Commissioner and the practitioners before its intended action becomes effective.
2. If an insurer intends to cancel, terminate or otherwise not renew a specific policy of professional liability insurance that it has issued to a practitioner who is practicing in one or more of the essential medical specialties designated by the Commissioner:
(a) The insurer must provide 120 days’ notice to the practitioner before its intended action becomes effective; and
(b) The Commissioner may require the insurer to delay its intended action for a period of not more than 60 days if the Commissioner determines that a replacement policy is not readily available to the practitioner.
3. If an insurer intends to cancel, terminate or otherwise not renew all policies of professional liability insurance that it has issued to practitioners who are practicing in one or more of the essential medical specialties designated by the Commissioner:
(a) The insurer must provide 120 days’ notice of its intended action to the Commissioner and the practitioners before its intended action becomes effective; and
(b) The Commissioner may require the insurer to delay its intended action for a period of not more than 60 days if the Commissioner determines that replacement policies are not readily available to the practitioners.
4. On or before April 1 of each year, the Commissioner shall:
(a) Determine whether there are any medical specialties in this state which are essential as a matter of public policy and which must be protected pursuant to this section from certain adverse actions relating to professional liability insurance that may impair the availability of those essential medical specialties to the residents of this state; and
(b) Make a list containing the essential medical specialties designated by the Commissioner and provide the list to each insurer that issues policies of professional liability insurance to practitioners who are practicing in one or more of the essential medical specialties.
5. The Commissioner may adopt any regulations that are necessary to carry out the provisions of this section.
6. Until the Commissioner determines which, if any, medical specialties are to be designated as essential medical specialties, the following medical specialties shall be deemed to be essential medical specialties for the purposes of this section:
(a) Emergency medicine.
(b) Neurosurgery.
(c) Obstetrics and gynecology.
(d) Orthopedic surgery.
(e) Pediatrics.
(f) Trauma surgery.
7. As used in this section, “professional liability insurance” means insurance covering the liability of a practitioner for a breach of his professional duty toward a patient.”.
Amend sec. 23, pages 21 and 22, by deleting lines 34 through 45 on page 21 and lines 1 through 23 on page 22, and inserting:
“to provide health care to an insured unless the society uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.
3. A contract between a society and a provider of health care may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the society upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
4. If a society contracts with a provider of health care to”.
Amend sec. 23, page 22, between lines 31 and 32, by inserting:
“5. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.”.
Amend sec. 24, page 23, by deleting line 3 and inserting:
“this section, if:
(1) The insured is actively undergoing a medically necessary course of treatment; and
(2) The provider of health care and the insured agree that the continuity of care is desirable.”.
Amend sec. 24, page 23, by deleting lines 7 and 8 and inserting:
“this section, if the provider of health care agrees:
(1) To provide medical treatment under the terms of the contract between the provider of health care and the hospital or medical service corporation with regard to the insured, including, without limitation, the rates of payment for providing medical service, as those terms existed before the termination of the contract between the provider of health care and the hospital or medical service corporation; and
(2) Not to seek payment from the insured for any medical service provided by the provider of health care that the provider of health care could not have received from the insured were the provider of health care still under contract with the hospital or medical service corporation.”.
Amend sec. 24, page 23, line 11, by deleting “180th” and inserting “120th”.
Amend sec. 24, page 23, line 21, by deleting:
“incompetence or misconduct” and inserting:
“medical incompetence or professional misconduct”.
Amend sec. 25, pages 23 and 24, by deleting lines 40 through 44 on page 23 and lines 1 through 30 on page 24, and inserting:
“unless the corporation uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.
3. A contract between a corporation specified in subsection 1 and a provider of health care may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the corporation upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
4. If a corporation specified in subsection 1 contracts with a”.
Amend sec. 25, page 24, between lines 39 and 40, by inserting:
“5. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.”.
Amend sec. 26, page 25, by deleting lines 37 through 43 and inserting:
“7. The Commissioner may require a corporation to provide evidence which demonstrates that the corporation has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.”.
Amend sec. 26, page 25, line 44, by deleting “(b)” and inserting “8.”.
Amend sec. 26, page 26, by deleting lines 3 through 17 and inserting:
“Commissioner. Upon a second or subsequent determination that a corporation is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the corporation.”.
Amend sec. 27, page 26, by deleting line 33 and inserting:
“this section, if:
(1) The insured is actively undergoing a medically necessary course of treatment; and
(2) The provider of health care and the insured agree that the continuity of care is desirable.”.
Amend sec. 27, page 26, by deleting lines 37 and 38 and inserting:
“section, if the provider of health care agrees:
(1) To provide medical treatment under the terms of the contract between the provider of health care and the health maintenance organization with regard to the insured, including, without limitation, the rates of payment for providing medical service, as those terms existed before the termination of the contract between the provider of health care and the health maintenance organization; and
(2) Not to seek payment from the insured for any medical service provided by the provider of health care that the provider of health care could not have received from the insured were the provider of health care still under contract with the health maintenance organization.”.
Amend sec. 27, page 26, line 41, by deleting “180th” and inserting “120th”.
Amend sec. 27, page 27, lines 5 and 6, by deleting:
“incompetence or misconduct” and inserting:
“medical incompetence or professional misconduct”.
Amend sec. 28, page 27, line 33, by deleting “chapter 686A,”.
Amend sec. 30, pages 28 and 29, by deleting lines 20 through 44 on page 28 and lines 1 through 11 on page 29, and inserting:
“unless the health maintenance organization uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.
2. A contract between a health maintenance organization and a provider of health care may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the health maintenance organization upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
3. If a health maintenance organization contracts with a”.
Amend sec. 30, page 29, between lines 20 and 21, by inserting:
“4. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.”.
Amend sec. 31, page 30, by deleting lines 18 through 25 and inserting:
“7. The Commissioner may require a health maintenance organization to provide evidence which demonstrates that the health maintenance organization has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.”.
Amend sec. 31, page 30, line 26, by deleting “(b)” and inserting “8.”.
Amend sec. 31, page 30, line 30, after “Commissioner.” by inserting:
“Upon a second or subsequent determination that a health maintenance organization is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the health maintenance organization.”.
Amend sec. 31, pages 30 and 31, by deleting lines 31 through 44 on page 30 and lines 1 and 2 on page 31.
Amend sec. 33, page 32, by deleting line 35 and inserting:
“this section, if:
(1) The insured is actively undergoing a medically necessary course of treatment; and
(2) The provider of health care and the insured agree that the continuity of care is desirable.”.
Amend sec. 33, page 32, by deleting lines 39 and 40 and inserting:
“section, if the provider of health care agrees:
(1) To provide medical treatment under the terms of the contract between the provider of health care and the managed care organization with regard to the insured, including, without limitation, the rates of payment for providing medical service, as those terms existed before the termination of the contract between the provider of health care and the managed care organization; and
(2) Not to seek payment from the insured for any medical service provided by the provider of health care that the provider of health care could not have received from the insured were the provider of health care still under contract with the managed care organization.”.
Amend sec. 33, page 32, line 43, by deleting “180th” and inserting “120th”.
Amend sec. 33, page 33, lines 7 and 8, by deleting:
“incompetence or misconduct” and inserting:
“medical incompetence or professional misconduct”.
Amend sec. 33.5, page 33, by deleting line 31 and inserting:
“care organization shall comply with [any] :
(a) The provisions of chapter 686A of NRS, including all obligations and remedies set forth therein; and
(b) Any other applicable provision”.
Amend sec. 34, page 34, by deleting lines 6 through 41 and inserting:
“unless the managed care organization uses the form prescribed by the Commissioner pursuant to section 40.3 of this act to obtain any information related to the credentials of the provider of health care.
2. A contract between a managed care organization and a provider of health care may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the managed care organization upon giving to the provider 30 days’ written notice of the modification. If the provider fails to object in writing to the modification within the 30-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 30-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
3. If a managed care organization contracts with a provider”.
Amend sec. 34, page 35, between lines 7 and 8, by inserting:
“4. As used in this section, “provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.”.
Amend sec. 35, page 35, by deleting line 9 and inserting:
“thereto a new section to read as follows:
1. In an action for damages for medical malpractice or dental malpractice in which the defendant is insured pursuant to a policy of insurance covering the liability of the defendant for a breach of his professional duty toward a patient:
(a) At any settlement conference, the judge may recommend that the action be settled for the limits of the policy of insurance.
(b) If the judge makes the recommendation described in paragraph (a), the defendant is entitled to obtain from independent counsel an opinion letter explaining the rights of, obligations of and potential consequences to the defendant with regard to the recommendation. The insurer shall pay the independent counsel to provide the opinion letter described in this paragraph, except that the insurer is not required to pay more than $1,500 to the independent counsel to provide the opinion letter.
2. The section does not:
(a) Prohibit the plaintiff from making any offer of settlement.
(b) Require an insurer to provide or pay for independent counsel for a defendant except as expressly provided in this section.”.
Amend the bill as a whole by deleting sections 36 and 37 and adding:
“Secs. 36 and 37. (Deleted by amendment.)”.
Amend the bill as a whole by deleting sec. 39.5 and adding:
“Sec. 39.5. (Deleted by amendment.)”.
Amend the bill as a whole by adding new sections designated sections 40.3 and 40.7, following sec. 40, to read as follows:
“Sec. 40.3. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, the Commissioner of Insurance shall develop, prescribe for use and make available a single, standardized form for use by insurers, carriers, societies, corporations, health maintenance organizations and managed care organizations in obtaining any information related to the credentials of a provider of health care.
2. The provisions of subsection 1 do not prohibit the Commissioner of Insurance from developing, prescribing for use and making available:
(a) Appropriate variations of the form described in that subsection for use in different geographical regions of this state.
(b) Addenda or supplements to the form described in that subsection to address, until such time as a new form may be developed, prescribed for use and made available, any requirements newly imposed by the Federal Government, the State or one of its agencies, or a body that accredits hospitals, medical facilities or health care plans.
3. With respect to the form described in subsection 1, the Commissioner of Insurance shall:
(a) Hold public hearings to seek input regarding the development of the form;
(b) Develop the form in consideration of the input received pursuant to paragraph (a);
(c) Ensure that the form is developed in such a manner as to accommodate and reflect the different types of credentials applicable to different classes of providers of health care;
(d) Ensure that the form is developed in such a manner as to reflect standards of accreditation adopted by national organizations which accredit hospitals, medical facilities and health care plans; and
(e) Ensure that the form is developed to be used efficiently and is developed to be neither unduly long nor unduly voluminous.
4. As used in this section:
(a) “Carrier” has the meaning ascribed to it in NRS 689C.025.
(b) “Corporation” means a corporation operating pursuant to the provisions of chapter 695B of NRS.
(c) “Health maintenance organization” has the meaning ascribed to it in NRS 695C.030.
(d) “Insurer” means:
(1) An insurer that issues policies of individual health insurance in accordance with chapter 689A of NRS; and
(2) An insurer that issues policies of group health insurance in accordance with chapter 689B of NRS.
(e) “Managed care organization” has the meaning ascribed to it in NRS 695G.050.
(f) “Provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.
(g) “Society” has the meaning ascribed to it in NRS 695A.044.
Sec. 40.7. 1. The Commissioner of Insurance shall develop, prescribe for use and make available the form described in section 40.3 of this act on or before July 1, 2004.
2. Notwithstanding the provisions of sections 10, 14, 16, 23, 25, 30 and 34 of this act, an insurer, carrier, society, corporation, health maintenance organization and managed care organization is not required to use the form described in section 40.3 of this act until the earlier of:
(a) The date by which the Commissioner of Insurance develops, prescribes for use and makes available that form; or
(b) July 1, 2004.”.
Amend the bill as a whole by adding a new section designated sec. 42, following sec. 41, to read as follows:
“Sec. 42. 1. This section and sections 40.3 and 40.7 of this act become effective upon passage and approval.
2. Sections 1 to 40, inclusive, and 41 of this act become effective on October 1, 2003.”.
Amend the title of the bill to read as follows: