AB 83 — Makes various changes relating to insurance. (BDR 57-159)

Section 78 governs the furnishing of covered services to all covered persons.

Section 83 prohibits a contract between a provider of health care and a health carrier from containing any provision which conflictsauthorizes withthe Commissioner to adopt regulations to carry out sections 51-85.ion 85 Section 90 of this bill provides for the networkautomatic plansuspension orof withthe anycertificate provisionof authority of sectionsa 51-85.seller of prepaid contracts for funeral services if the seller does not file a replacement bond for a required surety bond in the event of the cancellation of the required surety bond.

(NRS 689.185) Section 8591 authorizesof this bill similarly provides for the Commissionerautomatic tosuspension adoptof regulationsthe topermit carryof outa sectionsseller 51-85.of prepaid contracts for burial services if the seller does not file a replacement bond for a required surety bond in the event of the cancellation of the required surety bond.

Section 90 of this bill provides for the automatic suspension of the certificate of authority of a seller of prepaid contracts for funeral services if the seller does not of the required surety bond.

(NRS 689.185) Section 91 of this bill similarlyllation provides for the automatic suspension of the permit of a seller of prepaid contracts for burial services if the seller does not file a replacement bond for a required surety bond in the event of the cancellation of the required surety bond.

- *AB83_R3* – 5 – (2) of group health insurance;

and (4) offered to 689A.630,small 689B.560,employers 689C.310, 689C.470) Sections 109, 113 and 134 of this bill remove the requirement that certain policies of group health insurance, health benefit plans and group contracts for hospital, medical or dentalpurchasers servicesthrough include a provisionvoluntary regardingpurchasing thegroup. point at which an insured’s payment of coinsurance for a provider of health care who is not preferred is no longer required to be paid.

(NRS 689A.630, 689B.560, 689C.310, 689C.470) Sections 109, 113 and 134 of this bill benefit plans and group contracts for hospital, medical or dental services include a provision regarding the point at which an insured’s payment of coinsurance for a provider of health care who is not preferred is no longer required to be paid.

(NRS 689C.111) Sections 122-124 and 127-129 of this bill revise provisions relating to service contracts which are contracts pursuant to which a provider is obligated to the purchaser of the service contract to repair, replace or perform maintenance on, or indemnify or reimburse the purchaser for the costs of repairing, replacing or - 79th Session (2017) – 5 – performing maintenance on, goods that are described in the service contract.

Section 127 adds to the requirements for a provider to apply for and obtain a certificate of registration to issue, sell or offer for sale service contracts, including providing certain personal and criminal history information about the controlling persons of the provider and verifying that the information in the application for a certificate of registration is accurate to the best of his or her knowledge.

(NRS a 690C.160) Section 124 prohibits a provider from transferring its liability under a service contract except under specified conditions, including, without limitation, obtaining the approval of the Commissioner.

(NRS 691C.340) However, section 130 retains express authority for the Commissioner to adopt regulations concerning rates for credit personal property requirementinsurance thatan theinsurer Commissionermay isuse requiredwithout tomaking adoptcertain regulationsfilings. relating to a a refund of unearned premiums for credit personal property insurance.

(NRSSection 691C.390)131 Sectionsdeletes 132a andrequirement 142that ofthe thisCommissioner billis requirerequired nonprofit corporations for hospital, medical or dental service and health maintenance organizations to contractadopt withregulations an insurance company to provide insurance, indemnity or reimbursement against the cost of services provided and sets forth requirements relating to thea paymentrefund of claimsunearned madepremiums tofor insuredscredit orpersonal enrollees,property asinsurance. applicable, in the case of the insolvency or impairment of such corporation or organization.

Existing(NRS law691C.390) setsSections forth132 provisionsand regarding142 the insolvency of nonprofit this bill expandsrequire thenonprofit requirementscorporations for determinationshospital, concerninginsurance thecompany insolvencyto ofprovide suchinsurance, aindemnity corporation,or addsreimbursement provisionsagainst concerningtheh thean impairmentcost of suchservices aprovided corporation and authorizessets theforth Commissionerrequirements relating to adoptthe regulationspayment concerningof aclaims determinationmade thatto suchinsureds aor corporationenrollees, isas applicable, in athe hazardouscase financialof condition.the insolvency or impairment of such corporation or organization.

Existing law sets forth provisions regarding the insolvency of nonprofit corporation for hospital, medical or dental service.

(NRS 695B.150) Section 133 of this bill expands the requirements for determinations concerning the insolvency of such a corporation, adds provisions concerning the impairment of such a corporation and authorizes the Commissioner to adopt regulations concerning a determination that such a corporation is in a hazardous financial condition.

Existing law clarifies that nonprofit hospital and medical or dental service corporations, health maintenance organizations, organizations for dental care and - *AB83_R3* – 6 – prepaid limited health service organizations are subject to certain other provisions 147, 154 and 157 of existingthis law.bill revise such provisions to include additional, requirements for applicability.

(NRS 695B.320, 695C.055, 695D.095, 695F.090) Sections 138, 147, 154 and 157 of this bill revise such provisions to include additional requirements for applicability.

Section 145 of this bill authorizes the Commissioner to take certain actions regarding the operation of a health maintenance organization if the Commissioner determines that, because of the financial condition of the health maintenance organization, the continued operation of the health maintenance organization may be hazardous to itsheits enrollees or creditors or to the general public.

- 79th Session (2017) – 6 – Section 149 of this bill revises provisions governing examinations of health maintenance organizations by the Commissioner or an examiner designated by the Commissioner.

Existing law requires a managed care organization to report annually to the Commissioner regarding its methods for reviewing the quality of health care services provided to its insureds.

(NRS 695G.130) Section 159 of this bill changes the timeline for submitting such a report and requires that the report be submitted on a form prescribed by the Commissioner.

and requires that the report be submitted Sections 103-106, 139, 140, 148, 160 and 161 of this bill remove the State Board of Health from the provisions governing systems for resolving complaints of insureds.

(NRS 689A.745, 689A.750, 689B.0285, 389B.029, 695B.380, 695B.390, 695C.080, 695G.200, 695G.220) SectionCommissioner 168to repeals:submit annual reports addressing loss prevention and control programs (NRS 680A.290, 690B.370);

(1)(2) the requirement for certain insurers andto themake Commissionercertain todisclosures submit(NRS annual689A.390, reports689A.400, addressing689A.690, loss689B.027, prevention689B.028, and689C.270, control689C.280, programs689C.440, (NRS689C.450, 680A.290,695B.172, 690B.370);695B.174);

(2)and the requirement for certain insurers to make certain disclosures (NRS 689A.390, 689A.400, 689A.690, 689B.027, (3) the requirement for a prepaid limited health service organization to contract with an insurance company for certain purposes (NRS 695F.215).

-EXPLANATION *AB83_R3* – 7Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 79th Session (2017) – 7 – 1.

3.certificate of authority pursuant to chapter 695C of NRS;ssued a 4.

A health maintenance organization that has been issued a certificate of authority pursuant to chapter 695C of NRS;

4.

Any foreign insurer doing business in this State regarding whom an applicable official of the foreign insurer’s state of domicile has requested that the Commissioner apply the provisions of this3.is chapterAll persons purporting to be an insurer, or in the foreignprocess of organizing, or holding themselves out as organizing, or proposing to organize in this State for the purpose of becoming an insurer;

3.

All persons purporting to be an insurer, or in the process of organizing, or holding themselves out as organizing, or - *AB83_R3* – 8 – proposing to organize in this State for the purpose of becoming an insurer;

- 79th Session (2017) – 8 – (2) The insurer is in a hazardous financial condition pursuant to NRS 682A.510 or section 145 and 146 of this act or any other applicable provision of this title;

(3) The continued operation of the insurer transacting businesscreditors of the insurer or to the general public;ureds or (4) As described in thissubsection State5, maythe beinsurer hazardousappears to thehave insuredsexceeded its powers as granted by its license or creditorscertificate of theauthority, insureras applicable, or toas thegranted generalby public;applicable law;

(4) As described in subsection 5, the insurer appears to have exceeded its powers as granted by its license or certificate of authority, as applicable, or as granted by applicable law;

and (5) A statement that the provisions of this chapter govern the(b) Except as otherwise provided in this paragraph, the initial period of administrative supervision begins upon the insurer’s receipt of the insurer.notice described in paragraph (a) and ends 60 days after the date of the Commissioner’s determination pursuant to paragraph (a) of subsection 1 or the date of the insurer’s agreement pursuant to paragraph (b) of subsection 1, as applicable.

(b) Except as otherwise provided in this paragraph, the initial period of administrative supervision begins upon the insurer’s receipt of the notice described in paragraph (a) and ends 60 days after the date of the Commissioner’s determination pursuant to paragraph (a) of subsection 1 or the date of the insurer’s - *AB83_R3* – 9 – agreement pursuant to paragraph (b) of subsection 1, as applicable.

The insurer remains under administrative supervision pursuant to this section from the beginning of the initial period of administrative supervision established pursuant to paragraph (b) of subsection 2 until the date on which the insurer is released from - 79th Session (2017) – 9 – administrative supervision by the Commissioner pursuant to paragraph (a) of subsection 4.

At the end of the initial period of supervision established pursuant to paragraph (b) of subsection 2 and at the end of any extended period of supervision established pursuant to paragraph (b) of this subsection, the Commissioner shall provide the insurer with notice and an opportunity for a hearing to determine whether the insurer has taken the actions specified pursuant to subparagraph (2) of paragraph (a) of subsection 2 to the satisfaction of the Commissioner.

(c) Failed or refused to promptly comply with any applicable statutesrequests orof regulationsthe Commissioner relating tothereto;reporting financialor reportingany (d) Failed or anyrefused requeststo comply with an order of the Commissioner relatingto thereto;make good, within the time prescribed by law, any prohibited deficiency in its capital, capital stock or surplus;

(d) Failed or refused to comply with an order of the Commissioner to make good, within the time prescribed by law, any prohibited deficiency in its capital, capital stock or surplus;

- *AB83_R3* – 10 – (f) Unlawfully, in violation of an order of the Commissioner, or without first having obtained written approval of the Commissioner if written approval is required by law, and whether accomplished by contract or otherwise:

- 79th Session (2017) – 10 – (g) Engaged in any transaction in which it is not authorized to engage under the laws of this State;

Sec.administrative supervision pursuant to section 6 of this act, ther Commissioner or an appointee designated by the Commissioner shall serve as the administrative supervisor of the insurer.

7.

1.

During the period an insurer is under administrative supervision pursuant to section 6 of this act, the Commissioner or an appointee designated by the Commissioner shall serve as the administrative supervisor of the insurer.

(j) Terminate, surrender, forfeit, convert or lapse any insurance policy, certificate or contract, except for nonpayment of premiums due;

or (m) Increase any salary or benefit of an officer or director, increase the preferential payment of a bonus or dividend or - *AB83_R3* – 11 – increase any other payment deemed by the Commissioner to be preferential.

Notwithstanding any other provision of law and except as set forth in this section and NRS 239.0115, any proceedings and hearings, and any notices, correspondence, reports, records and other information in the possession of the - 79th Session (2017) – 11 – Commissioner, relating to the administrative supervision of any insurer pursuant to this chapter are confidential by law and privileged, are not subject to subpoena, are not subject to discovery and are not admissible in evidence in any private civil action.

Neither the Commissioner nor any other person who received access to any information specified in subsection 1 while acting under the authority of the Commissioner may be permittedpermittedile or required to testify in any private civil action concerning the information.

- *AB83_R3* – 12 – Sec.

During the period an insurer is under administrative supervision pursuant to section 6 of this act, the insurer may contest any action taken or proposed to be taken by the administrative supervisor designated pursuant to subsection 1 of section 7 of this act on the ground that the action would not - 79th Session (2017) – 12 – result in improving the condition of the insurer.

If the administrative supervisor, upon reconsideration, denies the insurer’s request, the insurer may request a review of the decision of the administrativeadministrativesurer supervisor pursuant to NRS 679B.310 to 679B.370, inclusive.

To carry out the duties of the Commissioner under this chapter;cha2.erTo allow the administrative supervisor to carry out his or her duties under this chapter.

or 2.

To allow the administrative supervisor to carry out his or her duties under this chapter.

and - *AB83_R3* – 13 – 3.

Require an insurer placed under administrative supervision to pay the compensation and expenses of the administrative supervisor designated by the Commissioner pursuant to subsection 1 of section 7 of this act and any - 79th Session (2017) – 13 – other counsels, actuaries, clerks and assistants described in subsection 2.

There shall be no liability on the part of, and no cause of action of any nature against, the Commissioner or any employee or agent of the Commissioner, or an administrative supervisor designated pursuant to subsection 1 of section 7 of this act, for any action taken by them in the performance of their powers and duties under this chapter.

[(j)] (i) Any sum of money allocated to expenses for the adjustmentadj[(k)] of(j) losses;Any other information the Commissioner determines to be necessary or appropriate.

and [(k)] (j) Any other information the Commissioner determines to be necessary or appropriate.

- *AB83_R3* – 14 – Sec.

679B.240 To ascertain compliance with law, or relationships and transactions between any person and any insurer or proposed insurer, the Commissioner may, as often as he or she deems - 79th Session (2017) – 14 – advisable, examine the accounts, records, documents and transactions relating to such compliance or relationships of:

Any producer of insurance , [agent,] solicitor, [broker,] surplus lines broker, general agent, adjuster, insurer representative, bail agent, motor club agent or any other licensee or any other person the Commissioner has reason to believe may be acting as or holding himself or herself out as any of the foregoing.

Each insurer to which the Commissioner issues a certificate of authority shall notify the Commissioner of all material changes to the information provided by the insurer in its writtenlimitation:lication application pursuant to NRS 680A.150, including, without limitation:(a) Any change of address, such as a change to:

(a) Any change of address, such as a change to:

and - *AB83_R3* – 15 – (d) Any changes to the articles of incorporation, by-laws or power of attorney for the attorney-in-fact of the insurer.

- 79th Session (2017) – 15 – 2.

If an insurer changes its physical or mailing address without giving written notice and the Commissioner is unable to locate the insurer after diligent effort, the Commissioner maymayo suspend or revoke the insurer’s certificate of authority without a hearing.

3.insurance risks or to reciprocal insurance authorized pursuant totle chapter 694B of NRS.

This section does not apply to the joint reinsurance of title insurance risks or to reciprocal insurance authorized pursuant to chapter 694B of NRS.

- *AB83_R3*79th Session (2017) – 16 – 3.

Registered titles shall be shown on the insurer’s certificate of authority and shall remain in effect for so long as the insurer’s certificate of authority is in effect, subject to earlierearlierthe termination of the registration at the insurer’s request.

(1) The Annual Statement Instructions for the type of insurer to be reported on as adopted by the National Association of Insurance Commissioners for the year in which the insurer files the statement;stateme(2) The Accounting Practices and Procedures Manual adopted by the National Association of Insurance Commissioners and effective on January 1, 2001, and as amended by the National Association of Insurance Commissioners after that date;

and (2) The Accounting Practices and Procedures Manual adopted by the National Association of Insurance Commissioners and effective on January 1, 2001, and as amended by the National Association of Insurance Commissioners after that date;

If the Commissioner requires a statement as to the insurer’s affairs - 79th Session (2017) – 17 – throughout the world, the insurer shall file the statement with the Commissioner as soon as reasonably possible.

- *AB83_R3* – 17 – 3.

The Commissioner may refuse to continue, or may suspend or revoke, the certificate of authority of any insurer failing to file its ann4.l sAt the time of filing, the insurer shall pay the fee for filing its annual statement whenas due.prescribed by NRS 680B.010.

4.

At the time of filing, the insurer shall pay the fee for filing its annual statement as prescribed by NRS 680B.010.

Sec.680A.280 NR1.68Any insurer failing, without just cause beyond the reasonable control of the insurer, to file [its] an annual statement as required in NRS 680A.265 and 680A.270 shall be required to pay a penalty of $100 for each day’s delay, but not to exceed $3,000 in aggregate amount, to be recovered in the name of the State of Nevada by the Attorney General.

20.

NRS 680A.280 is hereby amended to read as follows:

680A.280 1.

Any insurer failing, without just cause beyond the reasonable control of the insurer, to file [its] an annual statement as required in NRS 680A.265 and 680A.270 shall be required to pay a penalty of $100 for each day’s delay, but not to exceed $3,000 in aggregate amount, to be recovered in the name of the State of Nevada by the Attorney General.

Notwithstanding the provisions of any general or special law, the possession of a license or certificate of authority issued under this Code shall be authorization to transact such - 79th Session (2017) – 18 – business as indicated in such license or certificate of authority, and shall be in lieu of all licenses, whether for regulation or revenue, required to transact insurance business within the State of Nevada;

but each city, town or county may require a license for revenue - *AB83_R3* – 18 – purposes only for any insurance [agent, broker,] analyst, adjuster or managing general agent or producer of insurance whose principalprincipalter or place of business is located within such city or town, or within the county outside the cities and towns of the county, respectively.

A regulation adopted pursuant to this section may require the ceding insurer, in calculating the amounts or forms of security required to be held pursuant to regulations adopted pursuant totority this section, to use the Valuation Manual, as defined in NRS 681B.0071, which is in effect on the date as of which the calculation is made, to the extent applicable.

or (b) Maintains at least $250,000,000 in capital and surplus when determined in accordance with the Accounting Practices and Procedures Manual adopted by the National Association of - 79th Session (2017) – 19 – Insurance Commissioners, as amended, excluding the impact of any permitted or prescribed practices, and:

or (2) Is licensed in at least 10 states, and licensed or accreditedaccSec. in at least 35 states.

-23.in *AB83_R3*NRS –681A.140 19is –hereby Sec.amended to read as follows:

23.

NRS 681A.140 is hereby amended to read as follows:

(a) Negotiates and binds ceding reinsurance contracts on behalf of an insurer or manages all or part of the insurance business of an insurer, including the management of a separate division, department [of] or underwriting office;

[or] andanddivision, (b) Acts as an agent for the insurer and with or without the authority, either separately or together with affiliates:

- 79th Session (2017) – 20 – 3.

(c) An attorney authorized by and acting for the subscribers of a reciprocal insurer or interinsurance exchange;

andande subscribers of a (d) An underwriting manager who, pursuant to a contract, manages all or part of the insurance operations of the insurer, is - *AB83_R3* – 20 – under common control with the insurer, is subject to the provisions of chapter 692C of NRS and whose compensation is not based on the volume of premiums written or the profit of the business written.

(1) Has [willfully] knowingly violated or failed to comply with any provision of this Code, any regulation adopted pursuant to this CodeCo(2) Has refused to be examined by the Commissioner or anyhas orderrefused to produce accounts, records or files for examination upon the request of the Commissioner;

(2) Has refused to be examined by the Commissioner or has refused to produce accounts, records or files for examination upon the request of the Commissioner;

- 79th Session (2017) – 21 – (6) Has been convicted of, or has entered a plea of guilty, guiltynot butadjudication mentallywas illwithheld;o or nolo contendere to, a felony, whether or not(7) adjudicationHas washad withheld;his or her authority to act as an administrator in another state limited, suspended or revoked;

(7) Has had his or her authority to act as an administrator in another state limited, suspended or revoked;

- *AB83_R3* – 21 – (1) Has refused to provide any information relating to the administrator’s affairs or refused to perform any other legal obligation relating to an examination upon request by the Commissioner;

(1) The administrator is impaired or insolvent;

(b) The president, vice president, chief executive officer, chief operatingthe officeradministrator oris anya othercorporation;cipal principal officer of an administrator, if (c) A partner or member of the administrator, if the administrator is a corporation;partnership, association or limited-liability company;

(c)and A- partner79th Session (2017) – 22 – (d) Any shareholder or member of the administrator,administrator ifwho thedirectly administratoror isindirectly aholds partnership,10 associationpercent or limited-liabilitymore company;of the voting stock, voting securities or voting interest of the administrator.

and (d) Any shareholder or member of the administrator who directly or indirectly holds 10 percent or more of the voting stock, voting securities or voting interest of the administrator.

683A.301insurance 1.or a licensee who desires to use a name other than his or her true name as shown on the license shall submit a request for approval of the name and file with the Commissioner a certified copy of the certificate or any renewal certificate filed pursuant to chapter 602 of NRS.

An applicant for a license as a producer of insurance or a licensee who desires to use a name other than his or her true name as shown on the license shall submit a request for approval of the name and file with the Commissioner a certified copy of the certificate or any renewal certificate filed pursuant to chapter 602 of NRS.

A licensee shall file promptly with the - *AB83_R3* – 22 – Commissioner a written notice of any change in or discontinuance of the use of a fictitious name.

(1) A natural person licensed as [an agent or broker] a producer of insurance for life insurance may describe himself or herself as an underwriter or “chartered life underwriter” if entitled to do so;

If the Commissioner determines that the use is justified by - 79th Session (2017) – 23 – mitigating circumstances, the Commissioner may permit, in writing, the use of the name to continue for a specified reasonable period upon conditions imposed by the Commissioner for the protection of the public consistent with this section.

4.the true name of an organization which on July 1, 1965, held undero that name a type of license similar to those governed by this chapter, or to a fictitious name used on July 1, 1965, by a natural person or organization holding such a license, if the fictitious name was filed with the Commissioner on or before July 1, 1965.

Paragraphs (a), (c) and (d) of subsection 2 do not apply to the true name of an organization which on July 1, 1965, held under that name a type of license similar to those governed by this chapter, or to a fictitious name used on July 1, 1965, by a natural person or organization holding such a license, if the fictitious name was filed with the Commissioner on or before July 1, 1965.

- *AB83_R3* – 23 – (a) An attorney licensed to practice law in this State who is acting in his or her professional capacity;

684B.030damage 1.appraiser’s license the applicant shall file with thehysical Commissioner, and thereafter maintain in force while so licensed, a surety bond in the amount of $2,500 in favor of the people of the State of Nevada, executed by an authorized surety insurer approved by the Commissioner, and conditioned for the faithful performance of required duties.

Before the issuance of a motor vehicle physical damage appraiser’s license the applicant shall file with the Commissioner, and thereafter maintain in force while so licensed, a surety bond in the amount of $2,500 in favor of the people of the State of Nevada, executed by an authorized surety insurer approved by the Commissioner, and conditioned for the faithful performance of required duties.

A motor vehicle physical damage appraiser’s license is automatically suspended if the appraiser does not file with the Commissioner a replacement bond before the date of cancellation - 79th Session (2017) – 24 – of the previous bond.

685A.150 A licensed surplus lines broker may accept surplus lines business from any [agent or broker] producer of insurance licensed in this state for the kind of insurance involved and may compensate the [agent or broker] producer of insurance therefor.

- *AB83_R3* – 24 – Sec.

(g) Business, in addition to those included in paragraphs (a) to (d), inclusive, which is licensed and regulated by the Division ofofo Financial Institutions of the Department of Business and Industry.

- 79th Session (2017) – 25 – (b) The name and the address of the business or residence of the insured;

(d)(e) ASuch briefother descriptioninformation ofas anymay insurancebe policyrequired involved;by thelved;

and (e) Such other information as may be required by the Commissioner.

- *AB83_R3* – 25 – Sec.

[2.] (b) Deny, cancel or fail to renew a policy on the basis of credit information unless the insurer also considers other applicable underwriting factors that are independent of credit information and notnot[3.] expressly(c) prohibitedBase byrenewal thisrates section.for a policy upon credit information unless the insurer also considers other applicable factors independent of credit information.

[3.] (c) Base renewal rates for a policy upon credit information unless the insurer also considers other applicable factors independent of credit information.

- 79th Session (2017) – 26 – [(b)] (2) Treats the applicant or policyholder as if the applicant or policyholder had neutral credit information, as defined by the insurer.

[(c)] (3) Excludes the use of credit information as a factor, and usesuse[6.] only(f) underwritingTake criteriaan otheradverse thanaction creditagainst information.an applicant orion.

[6.] (f) Take an adverse action against an applicant or policyholder based on credit information, unless an insurer obtains and uses a consumer credit report issued or an insurance score calculated within 90 days from the date the policy is first written or renewal is issued.

An insurer need not, at the request of a policyholder or the policyholder’s agent, recalculate the insurance score of or obtain an updated consumer credit report of the policyholder more - *AB83_R3* – 26 – frequently than once in any 12-month period.

(b) The policyholder is in the most favorably-priced tier of the insurer and all affiliates of the insurer.

With respect to such aahe policyholder, the insurer may elect to obtain an updated consumer credit report if to do so is consistent with the underwriting guidelines of the insurer.

(d) The insurer reevaluates the policyholder at least once every 36 months based upon underwriting or rating factors other than credit information.

- 79th Session (2017) – 27 – 8.] (g) Use the following as a negative factor in any insurance scoring methodology or in reviewing credit information for the purpose of underwriting or rating a policy:

[(a)] (1) Credit inquiries not initiated by the applicant or policyholder,for his or inquiriesher requestedown bycredit information.y the applicant or policyholder for[(b)] his(2) orInquiries herrelating ownto insurance coverage, if so identified on the consumer credit information.report.

[(b)] (2) Inquiries relating to insurance coverage, if so identified on the consumer credit report.

Except as otherwise provided in this subsection, at the time of the annual renewal of a policyholder’s policy, an insurer that uses information from a consumer credit report shall, upon the request of the policyholder or the policyholder’s agent, reunderwrite and rerate the policy based upon a current consumer - *AB83_R3* – 27 – credit report or insurance score.

thereto the provisions set forth as sections 35 to 39, inclusive, of this act.

34.

Chapter 686B of NRS is hereby amended by adding thereto the provisions set forth as sections 35 to 39, inclusive, of this act.

Sec.

The Commissioner shall consider each proposed increase or decrease in the rate of a health plan issued pursuant to the provisions of chapter 689A, 689B, 689C, 695B, 695C, 695D or 695F of NRS, including, without limitation, long-term care and Medicare supplement plans, filed with the Commissioner pursuant - 79th Session (2017) – 28 – to subsection 1 of NRS 686B.070.

The Commissioner shall approve or disapprove each proposal not later than 60 days after the proposal is determined by the Commissioner to bebe0 days complete pursuant to subsection 4.

If the Commissioner disapproves a proposed rate pursuant to subsection 1, and an insurer requests a hearing to determine the validity of the action of the Commissioner, the insurer has the burden of showing compliance with the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive, and - *AB83_R3* – 28 – sections 35 to 39, inclusive, of this act.

or (b) Within a period agreed upon by the insurer and the Commissioner.

a period agreed upon by the insurer and the ¬ 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.

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 the Commissioner, determines that the proposal is incomplete because the proposal does not comply with the - 79th Session (2017) – 29 – regulations adopted by the Commissioner pursuant to this subsection.

1.

Is issued by an insurer which:

- *AB83_R3* – 29 – (b) An irrevocable letter of credit issued by a financial institution with an office physically located within this State, and the deposits of which are federally insured;

or (c) Cash or securities held in trust by a third party or the insurer and subject to a trust agreement for the express purpose of securing the policyholder’s obligation under a large-deductible agreement, provided that if the assets are held by the insurer, those assets may not be commingled with the insurer’s other assets;

- 79th Session (2017) – 30 – Sec.

Except when otherwise specifically approved by the Commissioner in writing or by electronic communication, any insurer determined to be in a hazardous financial condition pursuant to NRS 680A.205, or the equivalent provisions of law in any other state as determined by the Commissioner, is prohibited from issuing or renewing a policy that includes a large-deductible agreement.

and -preclude *AB83_R3*application – 30 – (f) Regulate the business of insurancefederal inantitrust alaws.manner manner that will precludeSec. application of federal antitrust laws.

Sec.

or - 79th Session (2017) – 31 – (c) An employee or manager of an insurer.

3.employee of an insurer, who assists insurers in rate making or filing by:

“Rate service organization” means any person, other than an employee of an insurer, who assists insurers in rate making or filing by:

(d) Variable and fixed annuities;

- *AB83_R3* – 31 – (f) Property insurance for business and commercial risks;

- 79th Session (2017) – 32 – Sec.

Except as otherwise provided in subsection 2, the Commissioner may by rule exempt any person or class of persons or any market segment from any or all of the provisions of NRS 686B.010 to 686B.1799, inclusive, and sections 35 to 39, inclusive, of this act, if and to the extent that the Commissioner finds their application unnecessary to achieve the purposes of those sections.

[The] Except as otherwise provided in section 36 of this act, the Commissioner shall consider each proposed increase or decrease in the rate of any kind or line of insurance or subdivision thereof filed with the Commissioner pursuant to subsection 1 of NRS 686B.070.

If the Commissioner disapproves a proposed increase or decrease in any rate pursuant to subsection 1, the Commissioner shall send a written notice of disapproval to the insurer or the rate service organization that filed the proposal.

The notice must set forth the reasons the proposal is not in compliance with NRS 686B.050 or subsection 3 of NRS 686B.070 and must be sent to the insurer or the rate service organization not more than 30 days after - *AB83_R3* – 32 – the Commissioner determines that the proposal is complete pursuant to subsection 6.

The request for reconsideration must be received by the Commissioner not more than 30 days after the insurer or rate service organization receives the written notice of disapproval from the Commissioner, except that if the insurer or rate - 79th Session (2017) – 33 – service organization requests, in writing, an extension of 30 additional days in which to request a reconsideration, the Commissioner shall grant the extension.

A request for reconsideration submitted pursuant to this subsection may include, without limitation, any documents or other information for review by the Commissioner in reconsidering the proposal.

The for review Commissioner shall approve or disapprove the proposal upon reconsideration not later than 30 days after receipt of the request for reconsideration and shall notify the insurer or rate service organization of his or her approval or disapproval.

(a) Within 30 days after the request for a hearing has been submitted to the Commissioner;

ororequest for a hearing has been (b) Within a period agreed upon by the insurer and the Commissioner.

- *AB83_R3* – 33 – 6.

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 the Commissioner, determines that the proposal is incomplete - 79th Session (2017) – 34 – because the proposal does not comply with the regulations adopted by the Commissioner pursuant to this subsection.

The notice must be sent within 15 business days after the proposal is filed with the Commissioner and must set forth the documents ororis other information that is required to complete the proposal.

At any hearing which is held by the Commissioner to determine whether rates comply with the provisions of NRS 686B.010 to 686B.1799, inclusive, and sections 35 to 39, inclusive, of this act, and which involves rates for insurance covering the liability of a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of the practitioner’s professional duty toward a patient, if a person is not otherwise authorized pursuant to this title to become a party to the hearing by intervention, the person is entitled to provide testimony at the hearing if, not later than 22son days before the date set for the hearing, the person files with the Commissioner a written statement which states:

- *AB83_R3* – 34 – (a) The Commissioner may, if the Commissioner finds it necessary to preserve order, prevent inordinate delay or protect the rights of the parties at the hearing, place reasonable limitations on the duration of the testimony and prohibit the person from providing testimony that is not relevant to the issues raised at the hearing.

- 79th Session (2017) – 35 – (b) The Commissioner shall consider all relevant testimony provided by the person at the hearing in determining whether the rates comply with the provisions of NRS 686B.010 to 686B.1799, inclusive [.] , and sections 35 to 39, inclusive, of this act.

follows:46.

NRS 686B.1751 is hereby amended to read as 686B.1751 As used in NRS 686B.1751 to 686B.1799, inclusive, and sections 35, 37, 38 and 39 of this act, unless the context otherwise requires, the words and terms defined in NRS 686B.1752 to 686B.1762, inclusive, and section 35 of this act have the meanings ascribed to them in those sections.

46.

NRS 686B.1751 is hereby amended to read as follows:

686B.1751 As used in NRS 686B.1751 to 686B.1799, inclusive, and sections 35, 37, 38 and 39 of this act, unless the context otherwise requires, the words and terms defined in NRS 686B.1752 to 686B.1762, inclusive, and section 35 of this act have the meanings ascribed to them in those sections.

Sec.

Sec.follows:49.

49.NRS 686B.1793 is hereby amended to read as 686B.1793 1.

NRS 686B.1793 is hereby amended to read as follows:

686B.1793 1.

- *AB83_R3* – 35 – 2.

The Commissioner may suspend or revoke the license of any advisory organization or insurer who fails to comply with an order within the time specified by the Commissioner or any extension of - 79th Session (2017) – 36 – that time made by the Commissioner.

The Commissioner, by written order, may impose a penalty or suspend a license pursuant to this section only after written notice to the insurer, organization or plan for apportioned risks and a notice hearing.

“Intermediary” means a person authorized to negotiate and execute a contract between a provider of health care and a health carrier entered into for the purposes of a network plan, whether the person acts on behalf of the provider of health care or the health carrier.

“Network plan” means a health benefit plan offered or issued by a health carrier under which the financing and delivery of health care services, including, without limitation, items and services paid for as health care services, are provided, in whole or in part, through a defined set of providers of health care - *AB83_R3*79th Session (2017) – 3637 – under contract with the health carrier.

“Participating provider of health care” means a provider of health care who, under a contract with a health carrier, has agreed to provide health care services to covered persons pursuant to a network plan with an expectation ofofvered receiving payment, other than coinsurance, copayments or deductibles, directly or indirectly from the health carrier.

A health carrier which offers or issues a network plan shall, with regard to that network plan, establish a mechanism by which each participating provider of health care in the network will be notified on an ongoing basis of the specific health care services which are covered by the network plan and for which the participating provider of health care will be responsible, including, without limitation, any restrictions or conditions on the health care services.

Provider of health care agrees that in no event, including but not limited to, nonpayment by the health carrier or intermediary, insolvency of the health carrier or intermediary or breach of this agreement, shall the provider - 79th Session (2017) – 38 – of health care bill, charge, collect a deposit from, seek compensation, remuneration or reimbursement from, or - *AB83_R3* – 37 – have any recourse against, a covered person or a person (other than the health carrier or intermediary) acting on behalf of the covered person for health care services provided pursuant to this agreement.

Each contract entered into for the purposes of a network plan between a participating provider of health care and the health carrier must provide that in the event of the insolvency of the health carrier or any applicable intermediary, or in the event of any other cessation of operations of the health carrier or intermediary, the participating provider of health care must continue to deliver health care services covered by the network plan to a covered person without billing the covered person for any amount other than coinsurance, deductibles or copayments, as specifically provided in the evidence of coverage, until the earlier of:

or - 79th Session (2017) – 39 – (c) Any applicable federal law for covered persons who are in an active course of treatment or totally disabled;

The date on which the contract between the health carrier and the provider of health care would have terminated if the health carrier or intermediary, as applicable, had remained in - *AB83_R3* – 38 – operation, including, without limitation, any extension of coverage provided pursuant to:

Each contract entered into for the purposes of a network plan between a participating provider of health care and the health carrier must provide that written notice must be provided to the participating provider of health care as soon as practicablepra1.icThat ina court determined the event:health carrier or any applicable intermediary to be insolvent;

1.

That a court determined the health carrier or any applicable intermediary to be insolvent;

- 79th Session (2017) – 40 – 5.

Requirements for timely notice to the health carrier of changes in the practices of the participating provider of health care,car8. such as discontinuance of accepting new patients;

8.suRequirements for confidentiality;

Requirementsand forpatients; confidentiality;

and 9.

- *AB83_R3* – 39 – Sec.

Each contract entered into for the purposes of a network plan between a participating provider of health care and the health carrier must require the participating provider of health care to make health records available to appropriate state andandhealth federal authorities involved in assessing the quality of care or investigating the grievances or complaints of covered persons, and to comply with the applicable state and federal laws related to the confidentiality of medical and health records and the covered person’s right to see, obtain copies of or amend their medical and health records.

Sec.Secs.

75.75 and 76.

76.

(Deleted by amendment.) Sec.

- 79th Session (2017) – 41 – Sec.

A health carrier which offers or issues a network plan shall ensure that participating providers of health care in the network are responsible for furnishing covered services to all covered persons without regard to the participation of the covered person in the network plan as a private purchaser of the network plan or as a participant in a publicly financed program of health care services.

- *AB83_R3* – 40 – 2.

A health carrier which offers or issues a network plan shall establish a mechanism by which a participating provider of health care in the network may, in a timely manner at the time health care services are to be provided, determine whether the person to whom the health care services are to be provided is a covered person or is within a grace period for the payment of a premium during which the health carrier may hold a claim for health care services pending receipt of the payment of the premium.

- 79th Session (2017) – 42 – 2.

At the time a participating provider of health care signs a contract described in subsection 1, the health carrier and, if applicable, the intermediary shall notify the participating provider of health care of all provisions of the contract and all documents inc3.porWhile a contract described in subsection 1 is in force, the health carrier shall provide timely notice to the participating provider of health care of any changes to the provisions of the contract or the documents incorporated by reference in the contract that would result in a material change in the contract.

3.

While a contract described in subsection 1 is in force, the health carrier shall provide timely notice to the participating provider of health care of any changes to the provisions of the - *AB83_R3* – 41 – contract or the documents incorporated by reference in the contract that would result in a material change in the contract.

The Commissioner may adopt any regulations necessary to carry85, outinclusive, theof purposesthis act.poses and provisions of sections 51 toSec. 85, inclusive, of this act.

Sec.

- 79th Session (2017) – 43 – (a) The existence of insurance coverage for any matter;

687B.470687B.500, 1.inclusive, “health benefit plan” means a policy, contract, certificate or agreement offered by a carrier to provide for, deliver payment for, arrange for the payment of, pay for or reimburse any of the costs of health care services.

[“Health]Except Asas usedotherwise provided in NRSthis 687B.470section, tothe 687B.500,term inclusive,includes “healthcatastrophic benefithealth plan”insurance meanspolicies and a policy,policy contract,that certificatepays oron agreement offered by a carriercost-incurred tobasis. provide for, deliver payment for, arrange for the payment of, pay for or reimburse any of the costs of health care services.

Except as otherwise provided in - *AB83_R3* – 42 – this section, the term includes catastrophic health insurance policies and a policy that pays on a cost-incurred basis.

and (j) Coverage under a blanket student accident and health ins3.ancThe term does not include the following benefits if the benefits are provided under a separate policy, certificate or contract of insurance policy.or are otherwise not an integral part of a health benefit plan:

3.

The term does not include the following benefits if the benefits are provided under a separate policy, certificate or contract of insurance or are otherwise not an integral part of a health benefit plan:

The term does not include the following benefits if the benefits are provided under a separate policy, certificate or contract, there is no coordination between the provisions of the benefits and any exclusion of benefits under any group health plan maintained by - 79th Session (2017) – 44 – the same plan sponsor, and the benefits are paid for a claim without regard to whether benefits are provided for such a claim under any group health plan maintained by the same plan sponsor:

and (b)5.) HospitalHThe indemnityterm ordoes othernot fixedinclude indemnityany insurance.of the following, if offered as a separate policy, certificate or contract of insurance:

5.

The term does not include any of the following, if offered as a separate policy, certificate or contract of insurance:

- *AB83_R3* – 43 – (b) Coverage supplemental to the coverage provided pursuant to the Civilian Health and Medical Program of Uniformed Services, CHAMPUS, 10 U.S.C.

(a) Has demonstrated the willingness and ability to ensure that health care services will be provided in a manner to ensure both availability and accessibility of adequate personnel and facilities in a manner that enhances availability, accessibility and continuity ofofs in a service;

Upon a determination that the carrier and the network - 79th Session (2017) – 45 – plan do not meet the requirements of subsection 2, the Commissioner shall specify in what respects the carrier and the network plan are deficient.

A carrier approved to issue a network plan pursuant to this section must file annually with the Commissioner a summary of information compiled pursuant to subsection 2 in a mannermannery of determined by the Commissioner.

The Commissioner shall, not less than once each year, or more often if deemed necessary by the Commissioner for the protection of the interests of the people of this State, make a determination concerning the availability and accessibility of the - *AB83_R3* – 44 – health care services of any network plan approved pursuant to this section.

687B.500for 1.health benefit plans offered in the individual or small employer group market may vary with respect to the particular plan or coverage involved based solely on these characteristics:

The premium rate charged by a health insurer for health benefit plans offered in the individual or small employer group market may vary with respect to the particular plan or coverage involved based solely on these characteristics:

For the purpose of identifying the appropriate age adjustment under this - 79th Session (2017) – 46 – paragraph and the age band defined in the Federal Act to a specific enrollee, the enrollee’s age as of the date of policy issuance or renewal must be used.

(a) Apply to a fraternal benefit society organized under chapter 695A of NRS;

andanda fraternal benefit society organized under chapter (b) Do not apply to grandfathered plans.

(a) Before the issuance of a certificate of authority, the seller shall post with the Commissioner and thereafter maintain in force a - *AB83_R3* – 45 – bond in the principal sum of $50,000 issued by an authorized corporate surety in favor of the State of Nevada, or a deposit of cash or negotiable securities or a combination of cash and negotiable securities.

The surety on the bond has the right to cancel the bond upon giving 30 days’ notice to the Commissioner and thereafter is relieved of liability for any breach of condition(c) occurringA aftercertificate of authority issued to a seller is automatically suspended if the effectiveseller does not file with the Commissioner a replacement bond before the date of cancellation of the cancellation.previous bond.

(c) A certificate of authority issued to a seller is automatically suspended if the seller does not file with the Commissioner a replacement bond before the date of cancellation of the previous bond.

and - 79th Session (2017) – 47 – (b) Not to collect any money from the purchaser of a prepaid contract.

(a) Before the issuance of a permit to a seller, the seller shall post with the Commissioner and thereafter maintain in force a bondbondll in the principal sum of $50,000 issued by an authorized corporate surety in favor of the State of Nevada, or a deposit of cash or negotiable securities or a combination of cash and negotiable securities.

(b) The bond or deposit must be held for the benefit of buyers of prepaid contracts, and other persons as their interests may appear, who may be damaged by misuse or diversion of money by the seller or the agents of the seller, or to satisfy any judgments against the - *AB83_R3* – 46 – seller for failure to perform a prepaid contract.

(d) The Commissioner shall release the bond or deposit after the seller has ceased doing business as such and the Commissioner is satisfied of the nonexistence of any obligation or liability of the seller for which the bond or deposit was held.

An individual carrier shall make the unified rate review template and rate filing documentation used by the individual carrier and any information and documents described in any regulations adopted pursuant to 689A.700 available to the - 79th Session (2017) – 48 – Commissioner upon request.

Except in cases of violations of the provisions of this chapter, the unified rate review template and rate filing documentation used by an individual carrier are considered proprietary, constitute a trade secret and are not subject to disclosure by the Commissioner to persons outside of the Division except as agreed to by the individual carrier or as ordered by a court of competent jurisdiction.

- *AB83_R3* – 47 – (a) Provide additional benefits in case of death or dismemberment or loss of sight by accident or accidental means;

Sec.follows:94.

94.NRS 689A.04033 is hereby amended to read as 689A.04033 1.

NRS 689A.04033 is hereby amended to read as follows:

689A.04033 1.

- 79th Session (2017) – 49 – (4) The United States Department of Veterans Affairs;

(1) A Phase I clinical trial or study for the treatment of cancer, the medical treatment is provided at a facility authorized to conduct Phase I clinical trials or studies for the treatment of cancer;

and - *AB83_R3* – 48 – (g) The policyholder or subscriber has signed, before participating in the clinical trial or study, a statement of consent indicating that the policyholder or subscriber has been informed of, without limitation:

2.for medical treatment required by this section is limited to:erage (a) Coverage for any drug or device that is approved for sale by the Food and Drug Administration without regard to whether the approved drug or device has been approved for use in the medical treatment of the policyholder or subscriber.

Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to:

(a) Coverage for any drug or device that is approved for sale by the Food and Drug Administration without regard to whether the approved drug or device has been approved for use in the medical treatment of the policyholder or subscriber.

(c) The cost of any routine health care services that would otherwise be covered under the policy of health insurance for a - 79th Session (2017) – 50 – policyholder or subscriber participating in a Phase I clinical trial or study.

(d) The initial consultation to determine whether the policyholder or subscriber is eligible to participate in the clinical tri(e) Health care services required for the clinically appropriate monitoring of the policyholder or subscriber during a Phase II, Phase III or Phase IV clinical trial or study.

(e) Health care services required for the clinically appropriate monitoring of the policyholder or subscriber during a Phase II, Phase III or Phase IV clinical trial or study.

- *AB83_R3* – 49 – 3.

(a) Any portion of the clinical trial or study that is customarily paidmedical forindustry.ernment byor a governmentbiotechnical, pharmaceutical or (b) Coverage for a biotechnical,drug pharmaceuticalor device described in paragraph (a) of subsection 2 which is paid for by the manufacturer, distributor or medicalprovider industry.of the drug or device.

(b) Coverage for a drug or device described in paragraph (a) of subsection 2 which is paid for by the manufacturer, distributor or provider of the drug or device.

- 79th Session (2017) – 51 – (f) Any expenses incurred by a person who accompanies the policyholder or subscriber during the clinical trial or study.

(g) Any item or service that is provided solely to satisfy a need or desire for data collection or analysis that is not directly related to thethe(h) clinicalAny costs for the management of research relating to the policyholderclinical trial or subscriber.study.

(h) Any costs for the management of research relating to the clinical trial or study.

- *AB83_R3* – 50 – (b) Provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the policy.

8.specified in subsection 1 is immune from liability for:a policy (a) Any injury to a policyholder or subscriber caused by:

An insurer who delivers or issues for delivery a policy specified in subsection 1 is immune from liability for:

(a) Any injury to a policyholder or subscriber caused by:

- 79th Session (2017) – 52 – (a) “Cooperative group” means a network of facilities that collaborate on research projects and has established a peer review program approved by the National Institutes of Health.

(1)(2) The Community Clinical TrialsOncology CooperativeProgram.ogram; Group Program;

and (2)(b) The“Facility Communityauthorized Clinicalto Oncologyconduct Program.Phase I clinical trials or studies for the treatment of cancer” means a facility or an affiliate of a facility that:

(b) “Facility authorized to conduct Phase I clinical trials or studies for the treatment of cancer” means a facility or an affiliate of a facility that:

- *AB83_R3* – 51 – (5) Possesses specialized resources for use in Phase I clinical trials or studies, including, without limitation, equipment that facilitates research and analysis in proteomics, genomics and pharmacokinetics;

and (7)and Isstate capableagencies.e of responding to audits instituted by federal and(c) state“Provider agencies.of health care” means:

(c) “Provider of health care” means:

- 79th Session (2017) – 53 – 2.

(a) Shall include in [the] any disclosure [required pursuant to NRS 689A.390] of the coverage provided by the policy notice to eachof policyholderthe andbenefits subscriberrequired underby thethis section.e policy of the availability of(b) Shall provide the benefitscoverage required by this section.section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the policy.

(b) Shall provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the policy.

- *AB83_R3* – 52 – (2) Training and education which is medically necessary as a result of a subsequent diagnosis that indicates a significant change in the symptoms or condition of the insured person and which requires modification of the insured person’s program of self- management of diabetes;

andande insured person’s program of self- (3) Training and education which is medically necessary because of the development of new techniques and treatment for diabetes.

- 79th Session (2017) – 54 – 1.

Any plan, fund or program which would not be, but for section 2721(e) of the Public Health Service Act, as amended by Public Law 104-191, as that section existed on July 16, 1997, an employee welfare benefit plan and which is established or maintained by a partnership to the extent that the plan, fund or program provides medical care to current or former partners in the partnership or to their dependents, as defined under the terms of the plan, fund or program, directly or through insurance, reimbursement or otherwise, must be treated, subject to subsection 2, as an employee welfare benefit plan which is a group health plan.

- *AB83_R3* – 53 – (1) Provide notice of its intention to the Commissioner and the chief regulatory officer for insurance in each state in which the individual carrier is licensed to transact insurance at least 60 days before the date on which notice of cancellation or nonrenewal is delivered or mailed to the persons covered by the insurance to be discontinued pursuant to subparagraph (2).

- 79th Session (2017) – 55 – (d) The Commissioner finds that the continuation of the coverage in this state by the individual carrier would not be in the best interests of the policyholders or certificate holders of in the the individual carrier or would impair the ability of the individual carrier to meet its contractual obligations.

(a) The individual carrier notifies the Commissioner [and the chief regulatory officer for insurance in each state in which it is licensed] of its decision pursuant to this subsection to discontinue [the issuance and renewal of the form of] the product at least 60 daysdiscontinued before[insurance] product pursuant to paragraph (b).ered by the (b) The individual carrier notifies each person covered by the personsdiscontinued [insurance, the Commissioner and the chief regulatory officer for insurance in each state in which a person covered by the discontinued [insurance]insurance is known to reside] product pursuantof the decision of the individual carrier to paragraphdiscontinue (b).offering [the form of] the product.

(b) The individual carrier notifies each person covered by the discontinued [insurance, the Commissioner and the chief regulatory officer for insurance in each state in which a person covered by the discontinued insurance is known to reside] product of the decision of the individual carrier to discontinue offering [the form of] the product.

- *AB83_R3* – 54 – (c) The individual carrier offers to each person covered by the discontinued [insurance] product the option to purchase any other health benefit plan currently offered by the individual carrier to individuals in this state.

(d) In exercising the option to discontinue [the form of] the product and in offering the option to purchase other coverage pursuant to paragraph (c), the individual carrier acts uniformly without regard to the claim experience of the persons covered by the discontinued [insurance] product or any health status-related factor relating to those persons or beneficiaries covered by the discontinued [form of the] product or any persons or beneficiaries who may become eligible for such coverage.

- 79th Session (2017) – 56 – 3.

(a) The membership of the individual in the association was the basisbas(b) forThe membership of the provisionindividual ofin coverage;the association ceases;

(b) The membership of the individual in the association ceases;

An employee welfare benefit plan for providing benefits for employees of more than one employer under which individual health insurance coverage is provided must comply with the provisions of NRS 679B.139 and 689A.470 to 689A.740,689A.740,mply with inclusive, and section 92 of this act, and the regulations adopted by the Commissioner pursuant thereto.

- *AB83_R3* – 55 – 2.

- 79th Session (2017) – 57 – 1.

Provide for the renewability of coverage for members of the bona fide association, and their dependents, if such coverage meets thetheSec. criteria set forth in NRS 689A.630.

Sec.

4.State that provides, delivers, arranges for, pays for or reimbursesis any cost of health care services through managed care shall provide a system for resolving any complaints of an insured concerning those health care services that complies with the provisions of NRS 695G.200 to 695G.310, inclusive.

EachSec. insurer that issues a policy of health insurance in this State that provides, delivers, arranges for, pays for or reimburses any cost of health care services through managed care shall provide a system for resolving any complaints of an insured concerning those health care services that complies with the provisions of NRS 695G.200 to 695G.310, inclusive.

- *AB83_R3* – 56 – Sec.

- 79th Session (2017) – 58 – (a) A description of the procedures used for resolving any complaints of an insured;

(b) The total number of complaints and appeals handled through the system for resolving complaints since the last report and a compilationcom(c) ofThe thecurrent causesstatus underlyingof theeach complaintscomplaint and appeal filed;

(c) The current status of each complaint and appeal filed;

The Commissioner [or the State Board of Health] may examine the system for resolving complaints established pursuant to subsectionnecessary 1or atappropriate.s such times as [either] the Commissioner deems necessary4. or appropriate.

4.

- *AB83_R3* – 57 – Sec.

Each insurer that issues a policy of group health insurance in this State shall submit to the Commissioner [and the State Board of Health] an annual report regarding its system for resolving complaints established pursuant to subsection 1 of NRS 689B.0285 on a form prescribed by the Commissioner [in - 79th Session (2017) – 59 – consultation with the State Board of Health] which includes, without limitation:lim(a) A description of the procedures used for resolving any complaints of an insured;

(a) A description of the procedures used for resolving any complaints of an insured;

(a) The medical treatment is provided in a Phase I, Phase II, Phase III or Phase IV study or clinical trial for the treatment of cancer or in a Phase II, Phase III or Phase IV study or clinical trial for the treatment of chronic fatigue syndrome;

or (2) A Phase II, Phase III or Phase IV study or clinical trial for the treatment of cancer or chronic fatigue syndrome, the medical - *AB83_R3* – 58 – treatment is provided by a provider of health care and the facilityfacilityl and personnel for the clinical trial or study have the experience and training to provide the treatment in a capable manner;

- 79th Session (2017) – 60 – (d) There is no medical treatment available which is considered a more appropriate alternative medical treatment than the medical treatment provided in the clinical trial or study;

(e) There is a reasonable expectation based on clinical data that theleast medicalas treatmenteffective providedas inany theother clinicalmedical trialtreatment;al or study will be at least(f) asThe effectiveclinical astrial anyor otherstudy medicalis treatment;conducted in this State;

(f) The clinical trial or study is conducted in this State;

(c) The cost of any routine health care services that would otherwise be covered under the policy of group health insurance for an insured participating in a Phase I clinical trial or study.

¬ Except as otherwise provided in NRS 689B.0303, the services provided pursuant to paragraphs (b), (c), (e) and (f) must be covered - *AB83_R3* – 59 – only if the services are provided by a provider with whom the - 79th Session (2017) – 61 – insurer has contracted for such services.

If the insurer has not contracted for the provision of such services, the insurer shall pay the provider the rate of reimbursement that is paid to other providers with whom the insurer has contracted for similar services and the providerpro3.derParticular shallmedical accepttreatment thatdescribed ratein ofsubsection reimbursement2 asandl. payment in full.

3.provided to a person insured under the group policy is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the person insured under the group policy.

Particular medical treatment described in subsection 2 and provided to a person insured under the group policy is not required to be covered pursuant to this section if that particular medical treatment is provided by the sponsor of the clinical trial or study free of charge to the person insured under the group policy.

(f)insured during the clinical trial or study.o accompanies the (g) Any expensesitem incurredor byservice that is provided solely to satisfy a personneed whoor accompaniesdesire thefor insureddata duringcollection or analysis that is not directly related to the clinical trialmanagement orof study.the insured.

(g) Any item or service that is provided solely to satisfy a need or desire for data collection or analysis that is not directly related to the clinical management of the insured.

- 79th Session (2017) – 62 – 6.

- *AB83_R3* – 60 – (a) Include in [the] any disclosure [required pursuant to NRS 689B.027] of the coverage provided by the policy notice to each groupsection.licyholder policyholder of the availability of the benefits required by this section.(b) Provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the policy.

(b) Provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the policy.

9.

As used in this section:

(2) Operates a protocol review and monitoring system which conforms to the standards set forth in the “Policies and Guidelines - 79th Session (2017) – 63 – Relating to the Cancer Center Support Grant” published by the Cancer Centers Branch of the National Cancer Institute;

- *AB83_R3* – 61 – (4) Employs at least three clinical investigators who have experience working in Phase I clinical trials or studies conducted at a facility designated as a comprehensive cancer center by the National Cancer Institute;

2.specified in subsection 1:ivers or issues for delivery a policy (a) Shall include in [the] any disclosure [required pursuant to NRS 689B.027] of the coverage provided by the policy notice to each policyholder and subscriber under the policy of the availability of the benefits required by this section.

An insurer who delivers or issues for delivery a policy specified in subsection 1:

(a) Shall include in [the] any disclosure [required pursuant to NRS 689B.027] of the coverage provided by the policy notice to each policyholder and subscriber under the policy of the availability of the benefits required by this section.

- 79th Session (2017) – 64 – (a) “Coverage for the management and treatment of diabetes” includes coverage for medication, equipment, supplies and appliances that are medically necessary for the treatment of diabetes.

(b) “Coverage(1) The training and education provided to the employee or member of the insured group after the employee or member is initially diagnosed with diabetes which is medically necessary for the self-managementcare and management of diabetes”diabetes, includes:including, without limitation, counseling in nutrition and the proper use of equipment and supplies for the treatment of diabetes;

- *AB83_R3* – 62 – (1) The training and education provided to the employee or member of the insured group after the employee or member is initially diagnosed with diabetes which is medically necessary for the care and management of diabetes, including, without limitation, counseling in nutrition and the proper use of equipment and supplies for the treatment of diabetes;

May not require an insured, another insurer who issues policies of group health insurance, a nonprofit medical service corporation or a health maintenance organization to pay any amount in excess of the deductible or coinsurance due from the insured based on the rates agreed upon with a provider.provider.from the insured 2.

2.

- 79th Session (2017) – 65 – 4.] Must provide that if there is a particular service which a preferred provider of health care does not provide and the provider of health care who is treating the insured requests the service and the insurer determines that the use of the service is necessary for the health of the insured,preferred theprovider serviceof shallhealth care.ll be deemed to be provided by the[5.] preferred4. provider of health care.

- *AB83_R3* – 63 – [5.] 4.

(1) Provide notice of its intention to the Commissioner and the chief regulatory officer for insurance in each state in which the carrier is licensed to transact insurance at least 60 days before the date on which notice of cancellation or nonrenewal is delivered ororthe mailed to the persons covered by the discontinued insurance pursuant to subparagraph (2).

A carrier may discontinue [the issuance and renewal of a form of] a product [of group health insurance if the Commissioner finds that the form of the product] offered [by the carrier is obsolete - 79th Session (2017) – 66 – and is being replaced with comparable coverage.

(a) The carrier notifies the Commissioner [and the chief regulatory officer in each state in which it is licensed] of its decision pursuant to this subsection to discontinue [the issuance and renewalrenewalision of the form of] the product at least 60 days before the [individual] - *AB83_R3* – 64 – carrier notifies the affected employers and persons covered [by the discontinued insurance] pursuant to paragraph (b).

3.type of group health insurance offered by the carrier in this state that is made available pursuant to this chapter only to a member of a bona fide association if:

A carrier may discontinue the issuance and renewal of any type of group health insurance offered by the carrier in this state that is made available pursuant to this chapter only to a member of a bona fide association if:

A carrier that elects not to renew group health insurance pursuant to paragraph (d) of subsection 1 shall not write new business pursuant to this chapter for 5 years after the date on which - 79th Session (2017) – 67 – notice is provided to the Commissioner pursuant to subparagraph (2) of paragraph (d) of subsection 1.

If the carrier does business in only one geographic service area of this state, the provisions of this section apply only to the operationsope6.tioAs ofused in this section, “bona fide association” has the carriermeaning inascribed thatto serviceit area.in NRS 689A.485.

6.Sec.

As used in this section, “bona fide association” has the meaning ascribed to it in NRS 689A.485.

- *AB83_R3* – 65 – Sec.

689C.310and 1.3, a carrier shall renew a health benefit plan at the option of the small employer who purchased the plan.

Except as otherwise provided in subsections 2 and 3, a carrier shall renew a health benefit plan at the option of the small employer who purchased the plan.

- 79th Session (2017) – 68 – (e) The employer is not in compliance with the minimum requirements for participation or employer contribution as set forth in the plan;

or (f) The employer fails to comply with any of the provisions of thisthi3.chaA chapter.carrier may require a small employer to exclude a particular employee or a dependent of the particular employee from coverage under a health benefit plan as a condition to renewal of the plan if the employee or dependent of the employee commits fraud upon the carrier or misrepresents a material fact which affects his or her coverage under the plan.

3.

A carrier may require a small employer to exclude a particular employee or a dependent of the particular employee from coverage under a health benefit plan as a condition to renewal of the plan if the employee or dependent of the employee commits fraud - *AB83_R3* – 66 – upon the carrier or misrepresents a material fact which affects his or her coverage under the plan.

(a) The carrier notifies the Commissioner [and the chief regulatory officer for insurance in each state in which it is licensed] of its decision pursuant to this subsection to discontinue [the issuance and renewal of the form of] the product at least 60 days before the carrier notifies the affected small employers pursuant to paragraph (b).

- 79th Session (2017) – 69 – (d) In exercising the option to discontinue [the particular form of] the product and in offering the option to purchase other coverage pursuant to paragraph (c), the carrier acts uniformly without regard to the claims experience of the affected small employers or any health status-related factor relating to any participant or beneficiary covered by the discontinued product or any new participant ororeneficiary beneficiary who may become eligible for such coverage.

- *AB83_R3* – 67 – (a) The membership of the small employer or eligible employee in the association was the basis for the provision of coverage;

Must require that the deductible and payment for coinsurance paid by the insured to a preferred provider of health care be applied to the negotiated reduced rates of that provider.

3.] Must provide that if there is a particular service which a preferred provider of health care does not provide and the provider of health care who is treating the insured requests the service and the insurer determines that the use of the service is necessary for the - 79th Session (2017) – 70 – health of the insured, the service shall be deemed to be provided by the preferred provider of health care.

689C.470to 1.689C.600, inclusive, a carrier shall renew a contract as to all insured small employers that are members of a voluntary purchasing group and their employees and dependents at the request of the purchaser unless:

Except as otherwise provided in NRS 689C.360 to 689C.600, inclusive, a carrier shall renew a contract as to all insured small employers that are members of a voluntary purchasing group and their employees and dependents at the request of the purchaser unless:

- *AB83_R3* – 68 – (d) The number or percentage of employees covered under the contract is less than the number or percentage of eligible employees required by the contract;

A carrier may discontinue [issuance and renewal of a form of] a product [of a health benefit plan] offered to a small employer or purchasers pursuant to NRS 689C.360 to 689C.600, inclusive, [if the Commissioner finds that the form of the product offered by the carrier is obsolete and is being replaced with comparable coverage.

The notice must be - 79th Session (2017) – 71 – made at least [180] 90 days before the date on which the carrier will discontinue offering [the form of] the product.

(c) The carrier offers to each affected small employer and purchaser the option to purchase any other health benefit plan currentlycur(d) offeredIn byexercising the option to discontinue [the particular form of] the product and in offering the option to purchase other coverage pursuant to paragraph (c), the carrier acts uniformly without regard to the claim experience of the affected small employers inand thisany state.health status-related factor relating to any participant or beneficiary covered by the discontinued product or any new participant or beneficiary who may become eligible for such coverage.

(d) In exercising the option to discontinue [the particular form of] the product and in offering the option to purchase other coverage pursuant to paragraph (c), the carrier acts uniformly without regard to the claim experience of the affected small employers and any health status-related factor relating to any participant or beneficiary covered by the discontinued product or any new participant or beneficiary who may become eligible for such coverage.

- *AB83_R3* – 69 – (a) The membership of the small employer who employs the members of the voluntary purchasing group or the purchaser in the association was the basis for the provision of coverage;

(a) Establish the conditions of membership in the group and require as a condition of membership that all employers include all their eligible employees.

In addition to the information required pursuant to subsection 1, a voluntary purchasing group shall provide annually to - 79th Session (2017) – 72 – members of the group information regarding available benefits and carriers.

690B.200 As used in NRS 690B.200 to [690B.370,] 690B.360, inclusive, unless the context otherwise requires, the words and terms defined in NRS 690B.210 to 690B.240, inclusive, have the meanings ascribed to them in those sections.

Each insurer which issues a policy of insurance covering the liability of a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS for a breach of his or her professional duty toward a patient shall report to the board which licensed the practitioner within 45 days each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for - *AB83_R3* – 70 – more than $5,000, giving the name [and address] of the claimant and the practitioner and the circumstances of the case.

3.for public inspection within a reasonable time after they are received by the licensing board.

These reports are public records and must be made available for public inspection within a reasonable time after they are received by the licensing board.

Each insurer which issues a policy of insurance covering the liability of a physician licensed under chapter 630 of NRS or an osteopathic physician licensed under chapter 633 of NRS for a breach of his or her professional duty toward a patient shall, within 45 days after the end of a calendar quarter, submit a report to the Commissioner concerning each claim that was closed during that calendar quarter under such a policy of insurance issued by the insurer and any change during that calendar quarter to any claim under such a policy of insurance issued by the insurer that was - 79th Session (2017) – 73 – closed during a previous calendar quarter.

(b)(c) AInformation statementindicating settingwhether forthany thepayment circumstanceswas ofmade thaton case;a;

(c) Information indicating whether any payment was made on a claim and the amount of the payment, if any;

The requirements of this section apply only if, after a hearing convened at the discretion of the Commissioner, - *AB83_R3* – 71 – the Commissioner determines that the market for professional liability insurance issued to any class, type or specialty of practitioner licensed pursuant to chapter 630, 631 or 633 of NRS is not competitive and that such insurance is unavailable or unaffordable for a substantial number of such practitioners.

If the Commissioner convenes a hearing pursuant to subsection 1 and issues a finding that the market for professional liability insurance issued to any class, type or specialty of practitioner licensed pursuant to chapter 630, 631 or 633 of NRS is not competitive, the Commissioner may designate that class, type or specialty of practitioner to be an essential medical specialty.

If an insurer intends to cancel, terminate or otherwise not renew a specific policy of professional liability insurance that it - 79th Session (2017) – 74 – has issued to a practitioner who is practicing in one or more of the essential medical specialties designated by the Commissioner:

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.

(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 - *AB83_R3* – 72 – 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 medicalmedicalo practitioners specialties.

(f) Trauma surgery.] - 79th Session (2017) – 75 – Sec.

The Commissioner [shall] may collect all information which is pertinent to monitoring whether an insurer that issues professional liability insurance for a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS is complying withwithed the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive [.] , and sections 35 to 39, inclusive, of this act.

or - *AB83_R3* – 73 – (c) Whose information collected pursuant to subsection 1 indicates a potentially adverse trend.

If the Commissioner requests additional information from an insurerins(a) pursuantDetermine towhether subsection 2, the Commissioneradditional [shall:]information may:offers amay:

(a) Determine whether the additional information offers a reasonable explanation for the results described in paragraph (a), (b) or (c) of subsection 2;

and (b) Prepare] - 79th Session (2017) – 76 – 5.

If the Commissioner convenes a hearing pursuant to subsection 1 of NRS 690B.350 and determines that the market for professional liability insurance issued to any class, type or specialty of practitioner licensed pursuant to chapter 630, 631 or 633 of NRS is not competitive and that such insurance is unavailable or unaffordable for a substantial number of such practitioners, the Commissioner shall prepare and submit a report of the Commissioner’s findings and recommendations to the Director of the Legislative Counsel Bureau for transmittal to members of the Legislature .

“Controlling person” means a person who qualifies as a controlling person of a provider pursuant to section 123 of this act.

Except as otherwise provided in this section, a provider shall not transfer any liability relating to a service contract to another provider or any other person, including, - *AB83_R3* – 74 – without limitation, another provider or other person with whom the original provider has merged or plans to merge.

2.contract to another provider or any other person if, before thee liability is transferred:

A provider may transfer a liability relating to a service contract to another provider or any other person if, before the liability is transferred:

- 79th Session (2017) – 77 – 4.

follows:125.

NRS 690C.010 is hereby amended to read as 690C.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 690C.020 to 690C.080, inclusive, and section 122 of this act, have the meanings ascribed to them in those sections.

125.

NRS 690C.010 is hereby amended to read as follows:

690C.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 690C.020 to 690C.080, inclusive, and section 122 of this act, have the meanings ascribed to them in those sections.

Sec.

-not *AB83_R3*constitute –the 75business –of 2.insurance for the purposes of 18 does U.S.C.

The sale of a service contract pursuant to this chapter does not constitute the business of insurance for the purposes of 18 U.S.C.

- 79th Session (2017) – 78 – Sec.

(a)Commissioner;stration A registration application on a form prescribed by the Commissioner;(b) Proof that the provider has complied with the requirements for financial security set forth in NRS 690C.170;

(b) Proof that the provider has complied with the requirements for financial security set forth in NRS 690C.170;

In addition to the fee required by subsection 1, a provider mustfiles paywith athe feeCommissioner.ch of $25 for each type of service contract the provider files3. with the Commissioner.

- *AB83_R3* – 76 – 3.

or - 79th Session (2017) – 79 – (2) For a controlling person who has not previously submitted the information required by paragraph (f) of subsection 1 to the Commissioner.

5.including, without limitation, an application for renewal, must:

Each application submitted pursuant to this section, including, without limitation, an application for renewal, must:

(2) Contain a provision prohibiting the insurer from terminating the policy until a notice of termination has been mailed or delivered to the Commissioner at least 60 days prior to the termination of the policy.

Any such termination shall not - *AB83_R3* – 77 – reduce the responsibility of the insurer for service contracts issued by the provider prior to the effective date of termination.

The - 79th Session (2017) – 80 – provider shall also deposit with the Commissioner security in an amount that is equal to $25,000 or 10 percent of the unearned gross consideration received by the provider for any unexpired service contracts, whichever is greater.

[(a)]to (1)do Abusiness suretyin bondthis issuedState;sued by a surety company authorized to[(b)] do(2) businessSecurities inof thisthe State;type eligible for deposit pursuant to NRS 682B.030;

[(b)] (2) Securities of the type eligible for deposit pursuant to NRS 682B.030;

A provider shall not use any money in a reserve account described in paragraph (b) of subsection 1 for any purpose other thanservice tocontract.ligation pay an obligation of the provider under an unexpired service3. contract.

3.

and - *AB83_R3* – 78 – (b) The provider has performed or otherwise satisfied all liabilities and obligations under all unexpired service contracts issued by the provider.

If the certificate of registration of a provider has not expired and the provider fails to maintain the financial security required by subsection 1, including, without limitation, if the financial security is cancelled or lapses, the provider shall not issue or sell a service contract on or after the effective date of such failure until the provider submits to the Commissioner proof - 79th Session (2017) – 81 – satisfactory to the Commissioner that the provider is in compliance with subsection 1.

690C.240vehicle 1.dealer licensed pursuant to NRS 482.325, enters into agh a vehicle service contract with a buyer] shall, within 30 days after ceasing doing business in this State, notify [any buyer who purchased such a contract] the Commissioner and each holder of an unexpired service contract in writing of the fact that the provider has ceased doing business in this State .

A provider [who, whether directly or through a vehicle dealer licensed pursuant to NRS 482.325, enters into a vehicle service contract with a buyer] shall, within 30 days after ceasing doing business in this State, notify [any buyer who purchased such a contract] the Commissioner and each holder of an unexpired service contract in writing of the fact that the provider has ceased doing business in this State .

(b) “Vehicle service contract” means a contract pursuant to which a provider, in exchange for separately stated consideration, is obligated for a specified period to a buyer to repair, replace or perform maintenance on, or indemnify or reimburse the buyer for the costs of repairing, replacing or performing maintenance on, a motor vehicle which is described in the vehicle service contract and which has an operational or structural failure as a result of a defect in materials, workmanship or normal wear and tear, including, without limitation, a contract that includes a provision for incidental payment of indemnity under limited circumstances, including, without limitation, towing, rental and emergency road service.] Sec.

The rates must be reasonable in relation to the benefits - *AB83_R3* – 79 – provided and must not be excessive, inadequate or unfairly discriminatory.

- 79th Session (2017) – 82 – [(b)] 2.

[(f)] 6.

Other acquisition costs;

Reserves;OReserves;isition costs;

4.] The formula that an insurer uses to determine the amount of abefore refundit mustis beused.ubmitted submitted to and approved by the Commissioner beforeSec. it is used.

Sec.

- *AB83_R3* – 80 – 2.

The - 79th Session (2017) – 83 – contract of insurance required by subsection 1 must specifically provide for the:

(a) Continuation of benefits to each insured for the period for which a premium has been or will be paid to the corporation for contract with the corporation;on or termination of the insured’s (b) Continuation of benefits for each insured untilwho is receiving inpatient services in a medical facility or facility for the expirationdependent at the time of the insolvency or terminationimpairment of the insured’scorporation contractuntil withthe inpatient services are no longer medically necessary and the corporation;insured is discharged from the medical facility or facility for the dependent;

(b) Continuation of benefits for each insured who is receiving inpatient services in a medical facility or facility for the dependent at the time of the insolvency or impairment of the corporation until the inpatient services are no longer medically necessary and the insured is discharged from the medical facility or facility for the dependent;

or (2) Declared insolvent by a court of competent jurisdiction;

or (3) Placed under an order of liquidation by a court of competent jurisdiction.

- *AB83_R3* – 81 – Sec.

- 79th Session (2017) – 84 – (a) The corporation fails to meet its obligations as they mature;

(b) The assets of the corporation are less than the sum of its liabilities and the minimum surplus required to be maintained by the corporation under this Code for authority to transact the kinds of insurance transacted;

andandode for authority to transact the kinds (c) The reserve fund of the corporation is [impaired so as to be] less than the amounts set forth in NRS 695B.140.

The Commissioner may adopt regulations to define when a corporation organized under this chapter is considered to be in a hazardous financial condition and to set forth the standards to be considered by the Commissioner in determining whether the continued operation of such a corporation transacting business in thiscreditors Stateor may be considered to bethe hazardousgeneral public.hazardous to its insureds or creditors6. or to the general public.

6.

An order or decision of the Commissioner under this section is subject to review in accordance with NRS 679B.310 to - *AB83_R3* – 82 – 679B.370, inclusive, at the request of any party to the proceedings whose interests are substantially affected.

- 79th Session (2017) – 85 – Sec.

695B.185 A group contract for hospital, medical or dental services which offers a difference of payment between preferred providerspreferred:of of health care and providers of health care who are not preferred:1.

1.

[Must include for providers of health care who are not preferred a provision establishing the point at which an insured’s payment for coinsurance is no longer required to be paid if such a provisionprovisions ismust includedbe forbased preferredon providersa ofcalendar healthyear. care.

Such provisions must be based on a calendar year.

- *AB83_R3*79th Session (2017) – 8386 – Sec.

A policy of health insurance issued by a medical services corporation must provide coverage for medical treatmenta whichclinical atrial personor insuredstudy if:red under the policy receives as part of (a) The medical treatment is provided in a Phase I, Phase II, Phase III or Phase IV study or clinical trial for the treatment of cancer or in a Phase II, Phase III or Phase IV study if:or clinical trial for the treatment of chronic fatigue syndrome;