Amendment No. 564

 

Assembly Amendment to Senate Bill No. 183  First Reprint                                                (BDR 57‑726)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

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 section 1, page 1, line 3, before “A” by inserting “1.”.

     Amend section 1, page 1, line 4, after “provide” by inserting “coverage”.

     Amend section 1, page 1, line 6, by deleting “1.” and inserting “(a)”.

     Amend section 1, page 1, line 8, by deleting “2.” and inserting “(b)”.

     Amend section 1, page 1, after line 11, by inserting:

     “2.  A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.”.

     Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:

     “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 a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.”.

     Amend sec. 2, page 2, line 3, before “A” by inserting “1.”.

     Amend sec. 2, page 2, line 4, after “provide” by inserting “coverage”.

     Amend sec. 2, page 2, line 6, by deleting “1.” and inserting “(a)”.

     Amend sec. 2, page 2, line 8, by deleting “2.” and inserting “(b)”.

     Amend sec. 2, page 2, between lines 11 and 12, by inserting:

     “2.  A policy of group health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.”.

     Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding a new section designated sec. 4, following sec. 2, to read as follows:

     “Sec. 4. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A policy of health insurance issued by a hospital or medical service corporation that provides coverage for the treatment of colorectal cancer must provide coverage for colorectal cancer screening in accordance with:

     (a) The guidelines concerning colorectal cancer screening which are published by the American Cancer Society; or

     (b) Other guidelines or reports concerning colorectal cancer screening which are published by nationally recognized professional organizations and which include current or prevailing supporting scientific data.

     2.  A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.”.

     Amend sec. 3, page 2, line 14, before “A” by inserting “1.”.

     Amend sec. 3, page 2, line 16, after “provide” by inserting “coverage”.

     Amend sec. 3, page 2, line 18, by deleting “1.” and inserting “(a)”.

     Amend sec. 3, page 2, line 20, by deleting “2.” and inserting “(b)”.

     Amend sec. 3, page 2, between lines 23 and 24, by inserting:

     “2.  An evidence of coverage for a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage that conflicts with the provisions of this section is void.”.

     Amend the bill as a whole by renumbering sections 4 and 5 as sections 8 and 9 and adding new sections designated sections 6 and 7, following sec. 3, to read as follows:

     “Sec. 6. NRS 695C.050 is hereby amended to read as follows:

     695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

     2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

     3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

     4.  The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive, 695C.250 and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Human Resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

     5.  The provisions of NRS 695C.1694 and 695C.1695 and section 5 of this act apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

     Sec. 7. NRS 695C.330 is hereby amended to read as follows:

     695C.330  1.  The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if he finds that any of the following conditions exist:

     (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;

     (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.170 to 695C.200, inclusive, or 695C.1694, 695C.1695 or 695C.207 [;] or section 5 of this act;

     (c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;

     (d) The State Board of Health certifies to the Commissioner that the health maintenance organization:

          (1) Does not meet the requirements of subsection 2 of NRS 695C.080; or

          (2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

     (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

     (f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

     (g) The health maintenance organization has failed to put into effect the system for complaints required by NRS 695C.260 in a manner reasonably to dispose of valid complaints;

     (h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

     (i) The continued operation of the health maintenance organization would be hazardous to its enrollees; or

     (j) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

     2.  A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

     3.  If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

     4.  If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may by written order permit such further operation of the organization as he may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.”.

     Amend sec. 4, page 2, line 26, before “A” by inserting “1.”.

     Amend sec. 4, page 2, line 28, after “provide” by inserting “coverage”.

     Amend sec. 4, page 2, line 29, by deleting “1.” and inserting “(a)”.

     Amend sec. 4, page 2, line 31, by deleting “2.” and inserting “(b)”.

     Amend sec. 4, page 2, between lines 34 and 35, by inserting:

     “2.  An evidence of coverage for a health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage that conflicts with the provisions of this section is void.”.

     Amend the title of the bill, second line, after “provide” by inserting “coverage”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Requires certain policies of health insurance and health care plans to provide coverage for colorectal cancer screening under certain circumstances. (BDR 57‑726)”.