SB 5 — Makes changes relating to telehealth. (BDR 40-416)

- *SB5_R1* – 4 – (c) Examining the cost of health care and the primary factors impacting those costs.

- 81st Session (2021) – 4 – (f) Reviewing the availability of health benefit plans, as defined in NRS 687B.470, in this State.

(g) Reviewing the effect of any changes to Medicaid, including, without limitation, the expansion of Medicaid pursuant to the Patient Protection and Affordable Care Act, Public Law 111-148, on the cost and availability of health care and health insurance in this State.

(5)medical Resolvingservices;ing problems relating to the billing of patients for medical(6) services;Leveraging the expenditure of money by the Medicaid program and reimbursement rates under Medicaid to increase the quality and accessibility of health care for low-income persons;

(6) Leveraging the expenditure of money by the Medicaid program and reimbursement rates under Medicaid to increase the quality and accessibility of health care for low-income persons;

[(j)] (k) Monitoring and evaluating proposed and enacted federal legislation and regulations and other proposed and actual - *SB5_R1* – 5 – changes to federal health care policy to determine the impact of such changes on the cost of health care in this State.

- 81st Session (2021) – 5 – [(l)] (m) Making recommendations to the Governor, the Legislature, the Department of Health and Human Services, local health authorities and any other person or governmental entity to increase the quality, accessibility and affordability of health care in this State, including, without limitation, recommendations concerning the items described in this subsection.subsection.recommendations 2.

2.

Examine the business of providing insurance, including the development of cooperation with health maintenance organizations and organizations which restrict the performance of medicalmedicaltions services to certain physicians and hospitals, and procedures to contain the costs of these services.

- *SB5_R1* – 6 – 7.

- 81st Session (2021) – 6 – 8.

Examine the problem of providing and paying for medical care for indigent and medically indigent persons, including medical carecar10. provided by physicians.

10.

Identify and evaluate, with the assistance of an advisory group,care, including, without limitation:onalization for providing long-term (a) An analysis of the costs of the alternatives to institutionalization and the costs of institutionalization for providingpersons receiving long-term care,care including,in withoutthis limitation:State;

(a) An analysis of the costs of the alternatives to institutionalization and the costs of institutionalization for persons receiving long-term care in this State;

- *SB5_R1* – 7 – 15.

Evaluate, with the assistance of an advisory group, the feasibility of obtaining a waiver from the Federal Government to integrate and coordinate acute care services provided through - 81st Session (2021) – 7 – Medicare and long-term care services provided through Medicaid in this State.

Evaluate, with the assistance of an advisory group, the feasibility of obtaining a waiver from the Federal Government to eliminate the requirement that elderly persons in this State impoverish themselves as a condition of receiving assistance for long-term care.

(a) A requirement that the State, and, to the extent applicable, any of its political subdivisions, shall pay for the nonfederal share of expenses for services provided to a person through telehealth to the same extent and, except for services provided through audio-only the interaction, in the same amount as though provided in person or by other means;

- *SB5_R1* – 8 – (2) Requiring a provider of health care to demonstrate that it is necessary to provide services to a person through telehealth or receive- any81st additionalSession type(2021) of– certification8 or– license to provide services through telehealth as a condition to paying for services as described in paragraph (a).

(a) Require the Director to include in the State Plan for Medicaid coverage of any service that the Director is not otherwise required by law to include;

422.2721 1.

The Director shall include in the State Plan for Medicaid:

(a) A requirement that the State, and, to the extent applicable, any of its political subdivisions, shall pay for the nonfederal share of expenses for services provided to a person through telehealth to the same extent and, for mental health services except [for] when such services are provided through audio-only interaction, in the same amount as though provided in person or by other means;

and (b) A provision prohibiting the State from:

- 81st Session (2021) – 9 – would not be required if a service were provided in person orhat through other means, establish a relationship with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to paying for services as described in paragraph (a).

The State Plan for Medicaid may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or through other means.

(2) Requiring a provider of health care to demonstrate that it is necessary to provide services to a person through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to paying for services as described in paragraph (a).

(3) Refusing to pay for services as described in paragraph (a) because of:

(I) The distant site from which a provider of health care a person who is covered by the State Plan for Medicaid receives which services through telehealth;

or (II) The technology used to provide the services.

(4) Requiring services to be provided through telehealth as a condition to paying for such services.

(5) Categorizing a service provided through telehealth differently for purposes relating to coverage [or reimbursement] than if the service had been provided in person or through other means.

(6) Categorizing a mental health service provided through telehealth, other than through audio-only interaction, differently for purposes relating to reimbursement than if the service had been provided in person or by other means.

2.

The provisions of this section do not:

(a) Require the Director to include in the State Plan for required by law to include;

orce that the Director is not otherwise (b) Require the State or any political subdivision thereof to:

(1) Ensure that covered services are available to a recipient of Medicaid through telehealth at a particular originating site;

or (2) Provide coverage for a service that is not included in the State Plan for Medicaid or provided by a provider of health care that does not participate in Medicaid.

3.

As used in this section:

(a) “Distant site” has the meaning ascribed to it in NRS 629.515.

- 81st Session (2021) – 10 – NRS 629.515.inating site” has the meaning ascribed to it in (c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

(d) “Telehealth” has the meaning ascribed to it in NRS 629.515.

4.6.

NRS 422.2721 is hereby amended to read as follows:

422.2721 1.

The Director shall include in the State Plan for Medicaid:

(a) A requirement that the State, and, to the extent applicable, any of its political subdivisions, shall pay for the nonfederal share of expenses for services provided to a person through telehealth to the same extent [and, for mental health services except where such services are provided through audio-only interaction, in the same amount] as though provided in person or by other means;

and (b) A provision prohibiting the State from:

(1) Requiring a person to obtain prior authorization that would not be required if a service were provided in person or health care or provide any additional consent to or reason forof obtaining services through telehealth as a condition to paying for services as described in paragraph (a).

The State Plan for Medicaid may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or through other means.

(2) Requiring a provider of health care to demonstrate that it is necessary to provide services to a person through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to paying for services as described in paragraph (a).

(3) Refusing to pay for services as described in paragraph (a) because of:

(I) The distant site from which a provider of health care provides services through telehealth or the originating site at which services through telehealth;

orState Plan for Medicaid receives (II) The technology used to provide the services.

(4) Requiring services to be provided through telehealth as a condition to paying for such services.

(5) Categorizing a service provided through telehealth differently for purposes relating to coverage than if the service had been provided in person or through other means.

[(6) Categorizing a mental health service provided through telehealth, other than through audio-only interaction, differently for - 81st Session (2021) – 11 – provided in person or by other means.]n if the service had been 2.

The provisions of this section do not:

(a) Require the Director to include in the State Plan for Medicaid coverage of any service that the Director is not otherwise required by law to include;

or (b) Require the State or any political subdivision thereof to:

(1) Ensure that covered services are available to a recipient of Medicaid through telehealth at a particular originating site;

or (2) Provide coverage for a service that is not included in the State Plan for Medicaid or provided by a provider of health care that does not participate in Medicaid.

3.

As used in this section:

(a) “Distant site” has the meaning ascribed to it in NRS 629.515.

(b) “Originating site” has the meaning ascribed to it in NRS 629.515.

(c) “Provider of health care” has the meaning ascribed to it in NRS(d) “Telehealth” has the meaning ascribed to it in NRS 629.515.

Sec.

4.9.

NRS 422.2721 is hereby amended to read as follows:

422.2721 1.

The Director shall include in the State Plan for Medicaid:

(a) A requirement that the State, and, to the extent applicable, any of its political subdivisions, shall pay for the nonfederal share of expenses for services provided to a person through telehealth to the same extent [and, except for services provided through audio-only interaction, in the same amount] as though provided in person or by other means;

and (b) A provision prohibiting the State from:

(1) Requiring a person to obtain prior authorization that would not be required if a service were provided in person or through other means, establish a relationship with a provider of health care or provide any additional consent to or reason for services as described in paragraph (a).

The State Plan for Medicaid may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or through other means.

(2) Requiring a provider of health care to demonstrate that it is necessary to provide services to a person through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to paying for services as described in paragraph (a).

- 81st Session (2021) – 12 – (3) Refusing to pay for services as described in paragraph (a) because of:

(I) The distant site from which a provider of health care provides services through telehealth or the originating site at which services through telehealth;

orState Plan for Medicaid receives (II) The technology used to provide the services.

(4) Requiring services to be provided through telehealth as a condition to paying for such services.

(5) Categorizing a service provided through telehealth differently for purposes relating to coverage [or reimbursement] than if the service had been provided in person or through other means.

2.

The provisions of this section do not:

(a) Require the Director to include in the State Plan for Medicaid coverage of any service that the Director is not otherwise required by law to include;

or (b) Require the State or any political subdivision thereof to:

(1) Ensure that covered services are available to a recipient of Medicaid through telehealth at a particular originating site;

or (2) Provide coverage for a service that is not included in the State Plan for Medicaid or provided by a provider of health care that does not participate in Medicaid.

3.

As used in this section:

(a) “Distant site” has the meaning ascribed to it in NRS 629.515.

(b) “Originating site” has the meaning ascribed to it in NRS 629.515.

NRS 439.820.ider of health care” has the meaning ascribed to it in (d) “Telehealth” has the meaning ascribed to it in NRS 629.515.

Sec.

- *SB5_R1* – 9 – (b) Set policies for the care and treatment of persons with mental illness, persons with intellectual disabilities, persons with - 81st Session (2021) – 13 – developmental disabilities, persons with substance use disorders or persons with co-occurring disorders provided by all state agencies;

(c) If a data dashboard is established pursuant to section 1 of this act, use the data dashboard to review access by different groups and populations in this State to behavioral health services provided through telehealth, as defined in NRS 629.515, andandervices evaluate policies to make such access more equitable;

and [(e)] (f) Review and make recommendations concerning regulations submitted to the Commission for review pursuant to NRS 641.100, 641A.160, 641B.160 and 641C.200.641C.200.eview pursuant to 2.

2.

- *SB5_R1*81st Session (2021) – 1014 – (3) Identified gaps in the behavioral health services which are available in the behavioral health region and any recommendations or service enhancements to address those gaps;

(4) Any federal, state or local law or regulation that relates to behavioral health which it determines is redundant, conflicts with other laws or is obsolete and any recommendation to address anyanyith such redundant, conflicting or obsolete law or regulation;

(f) To the extent feasible, track and compile data concerning persons admitted to mental health facilities and hospitals pursuant to NRS 433A.145 to 433A.197, inclusive, and to mental health facilities and programs of community-based or outpatient services pursuant to NRS 433A.200 to 433A.330, inclusive, in the behavioral health region, including, without limitation:

(h) Identify and coordinate with other entities in the behavioral health region and this State that address issues relating to behavioral - 81st Session (2021) – 15 – health to increase awareness of such issues and avoid duplication of efforts.

- *SB5_R1* – 11 – [(h)] (i) In coordination with existing entities in this State that address issues relating to behavioral health services, submit an annual report(1) toThe thespecific Commissionbehavioral whichhealth includes,needs withoutof limitation:the behavioraln:

(1) The specific behavioral health needs of the behavioral health region;

2.

An insurer shall not:

- 81st Session (2021) – 16 – 3.

Such a policy of - *SB5_R1* – 12 – insurance may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

(d) “Telehealth” [has the meaning ascribed to it in NRS 629.515.] means the delivery of services from a provider of health care to a patient at a different location through thea usesynchronouslth ofinteraction using information and audio-visual communication technology, not including standardaudio-only telephone,technology, facsimile or electronic mail.

The term includes, without limitation, the delivery of services from a provider of health care to a patient at a different location through the use of synchronous interaction or an asynchronous system of storing and forwarding information.

The requirements of this subsection do not apply to a provider of health care who is providing services within the scope of his or her employment by or pursuant- to81st aSession contract(2021) entered– into17 with– an urban Indian organization, as defined in 25 U.S.C.

§ 1603.1603.rban Indian 2.

- *SB5_R1* – 13 – 2.

(a) Is subject to the laws and jurisdiction of the State of Nevada, including, without limitation, any regulations adopted by an occupational licensing board in this State, regardless of the location from which the provider of health care provides services through telehealth.tel(b) Shall comply with all federal and state laws that would apply if the provider were located at a distant site in this State.

(b) Shall comply with all federal and state laws that would apply if the provider were located at a distant site in this State.

(c) “Telehealth” means the delivery of services from a provider of health care to a patient at a different location through the use of information and audio-visual communication technology, not including [standard telephone,] facsimile or electronic mail.

and - 81st Session (2021) – 18 – (2) Audio-only interaction, whether synchronous or asynchronous.

A policy of health insurance must include coverage for services provided to an insured through telehealth to - *SB5_R1* – 14 – the same extent and, except for services provided through audio-audio-to only interaction, in the same amount as though provided in person or by other means.

or (e) Categorize a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.means.the 3.

3.

or - 81st Session (2021) – 19 – (c) Enter into a contract with any provider of health care or cover any service if the insurer is not otherwise required by law to do so.

5.

A policy of health insurance subject to the provisions of this [July 1, 2015,] October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

6.

As used in this section:

(a) “Distant site” has the meaning ascribed to it in NRS 629.515.

(b) “Originating site” has the meaning ascribed to it in NRS 629.515.

(c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

(d) “Telehealth” has the meaning ascribed to it in NRS 629.515.

Sec.

9.3.

NRS 689A.0463 is hereby amended to read as follows:

689A.0463 1.

A policy of health insurance must include coverage for services provided to an insured through telehealth to the same extent and, for mental health services except [for] when such services are provided through audio-only interaction, in the same amount as though provided in person or by other means.

2.

An insurer shall not:

(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

necessary to provide services to an insured through telehealth ors receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

(c) Refuse to provide the coverage described in subsection 1 because of:

(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;

or (2) The technology used to provide the services;

(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services;

[or] (e) Categorize a service provided through telehealth differently for purposes relating to coverage [or reimbursement] than if the service had been provided in person or through other means [.] ;

or - 81st Session (2021) – 20 – (f) Categorize a mental health service provided through telehealth, other than through audio-only interaction, differently for purposes relating to reimbursement than if the service had been provided in person or by other means.

obtain prior authorization for any service provided throughsured to telehealth that is not required for the service when provided in person.

A policy of health insurance may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

4.

The provisions of this section do not require an insurer to:

(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care;

A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [July 1, 2015,] October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

- *SB5_R1* – 15 – (a) “Distant site” has the meaning ascribed to it in NRS 629.515.

(b) “Originating site” has the meaning ascribed to it in NRS(c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

(d) “Telehealth” has the meaning ascribed to it in NRS 629.515.

Sec.

9.6.

NRS 689A.0463 is hereby amended to read as follows:

689A.0463 1.

A policy of health insurance must include coverage for services provided to an insured through telehealth to the same extent [and, for mental health services except where such services are provided through audio-only interaction, in the same amount] as though provided in person or by other means.

2.

An insurer shall not:

(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

- 81st Session (2021) – 21 – necessary to provide services to an insured through telehealth ors receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

(c) Refuse to provide the coverage described in subsection 1 because of:

(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;

or (2) The technology used to provide the services;

(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services;

or (e) Categorize a service provided through telehealth differently for purposes relating to coverage than if the service had been provided in person or through other means .

[;

or (f) Categorize a mental health service provided through purposes relating to reimbursement than if the service had beently for provided in person or by other means.] 3.

A policy of health insurance must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person.

A policy of health insurance may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

4.

The provisions of this section do not require an insurer to:

(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care;

or (c) Enter into a contract with any provider of health care or do so.any service if the insurer is not otherwise required by law to 5.

A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

6.

As used in this section:

(a) “Distant site” has the meaning ascribed to it in NRS 629.515.

- 81st Session (2021) – 22 – NRS 629.515.inating site” has the meaning ascribed to it in (c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

(d) “Telehealth” has the meaning ascribed to it in NRS 629.515.

Sec.

9.9.

NRS 689A.0463 is hereby amended to read as follows:

689A.0463 1.

A policy of health insurance must include coverage for services provided to an insured through telehealth to the same extent [and, except for services provided through audio- only interaction, in the same amount] as though provided in person or by other means.

2.

An insurer shall not:

(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

necessary to provide services to an insured through telehealth ors receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

(c) Refuse to provide the coverage described in subsection 1 because of:

(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;

or (2) The technology used to provide the services;

(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services;

or (e) Categorize a service provided through telehealth differently for purposes relating to coverage [or reimbursement] than if the service had been provided in person or through other means.

obtain prior authorization for any service provided throughsured to telehealth that is not required for the service when provided in person.

A policy of health insurance may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

4.

The provisions of this section do not require an insurer to:

(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

- 81st Session (2021) – 23 – or that is not provided by a covered provider of health care;

orice (c) Enter into a contract with any provider of health care or cover any service if the insurer is not otherwise required by law to do so.

5.

A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

6.

As used in this section:

(a) “Distant site” has the meaning ascribed to it in NRS 629.515.

follows:10.

NRS 689B.0369 is hereby amended to read as 689B.0369 1.

A policy of group or blanket health insurance must include coverage for services provided to an insured through telehealth to the same extent and, except for services provided through audio-only interaction, in the same amount as though provided in person or by other means.

2.

An insurer shall not:

(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage des(c) Refuse to provide the coverage described in subsection 1 because of [the] :

(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;

or (2) The technology used to provide the services;

(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services [.] ;

or - 81st Session (2021) – 24 – (e) Categorize a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.

3.

A policy of group or blanket health insurance must not provided through telehealth that is not required for that service when provided in person.

A policy of group or blanket health insurance may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

4.

The provisions of this section do not require an insurer to:

(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care;

or (c) Enter into a contract with any provider of health care or cover any service if the insurer is not otherwise required by law to do so.

5.

A policy of group or blanket health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [July 1, 2015,] October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

6.

As used in this section:

(a) “Distant site” has the meaning ascribed to it in NRS 629.515.

(b) “Originating site” has the meaning ascribed to it in NRS(c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

(d) “Telehealth” has the meaning ascribed to it in NRS 629.515.

10.10.3.

A policy of group or blanket health insurance must include coverage for services provided to an insured through telehealth to the same extent and, for mental health services except for[for] when such services are provided through audio-only interaction, in the same amount as though provided in person or by other means.

(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or - 81st Session (2021) – 25 – providing the coverage described in subsection 1;as a condition to (b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

(c) Refuse to provide the coverage described in subsection 1 because of:

(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;

or (2) The technology used to provide the services;

(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services;

[or] (e) Categorize a service provided through telehealth differently for purposes relating to coverage [or reimbursement] than if the ser(f) Categorize a mental health service provided through [.] ;

or telehealth, other than through audio-only interaction, differently for purposes relating to reimbursement than if the service had been provided in person or by other means.

3.

A policy of group or blanket health insurance must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for that service when provided in person.

A policy of group or blanket health insurance may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

4.

The provisions of this section do not require an insurer to:

(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

(b) Provide coverage for a service that is not a covered service or (c) Enter into a contract with any provider of health care or cover any service if the insurer is not otherwise required by law to do so.

5.

A policy of group or blanket health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

- 81st Session (2021) – 26 – 6.

As used in this section:

(a) “Distant site” has the meaning ascribed to it in NRS 629.515.

(b) “Originating site” has the meaning ascribed to it in NRS 629.515.

NRS 439.820.ider of health care” has the meaning ascribed to it in (d) “Telehealth” has the meaning ascribed to it in NRS 629.515.

Sec.

10.6.

NRS 689B.0369 is hereby amended to read as follows:

689B.0369 1.

A policy of group or blanket health insurance must include coverage for services provided to an insured through telehealth to the same extent [and, for mental health services except where such services are provided through audio-only interaction, in the same amount] as though provided in person or by other means.

2.

An insurer shall not:

(c) Refuse to provide the coverage described in subsection 1 because ofof: [the] :

(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;

orting site at which (2) The technology used to provide the services;

(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services;

or (e) Categorize a service provided through telehealth differently for purposes relating to coverage than if the service had been provided in person or through other means .

[;

or (f) Categorize a mental health service provided through telehealth, other than through audio-only interaction, differently for purposes relating to reimbursement than if the service had been provided in person or by other means.] 3.

A policy of group or blanket health insurance must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for that service when provided in person.

A policy of group or blanket health insurance - 81st Session (2021) – 27 – may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

4.

The provisions of this section do not require an insurer to:

through telehealth at a particular originating site;

an insured (b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care;

or (c) Enter into a contract with any provider of health care or cover any service if the insurer is not otherwise required by law to do so.

5.

A policy of group or blanket health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section is void.

6.

As used in this section:

(a) “Distant site” has the meaning ascribed to it in NRS 629.515.

(b) “Originating site” has the meaning ascribed to it in NRS 629.515.

(c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

(d) “Telehealth” has the meaning ascribed to it in NRS 629.515.

Sec.

10.9.

NRS 689B.0369 is hereby amended to read as follows:

689B.0369 1.

A policy of group or blanket health insurance telehealth to the same extent [and, except for services providedh through audio-only interaction, in the same amount] as though provided in person or by other means.

2.

An insurer shall not:

(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

(c) Refuse to provide the coverage described in subsection 1 because of:

- 81st Session (2021) – 28 – (1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;

(d) Require covered services to be provided through telehealth as a condition to providing coverage for such servicesservices; [.] ;

ororehealth (e) Categorize a service provided through telehealth differently for purposes relating to coverage or[or reimbursementreimbursement] than if the service had been provided in person or through other means.

- *SB5_R1* – 16 – (b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care;

A policy of group or blanket health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [July 1, 2015,] October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this section isisof void.

- 81st Session (2021) – 29 – (a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

(c) Refuse to provide the coverage described in subsection 1 because of [the] :

(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;

or (2) The technology used to provide the services;

(d) Require covered services to be provided through telehealth as (e) Categorize a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.

3.

A health benefit plan must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person.

A health benefit plan may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

4.

The provisions of this section do not require a carrier to:

(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care;

or (c) Enter into a contract with any provider of health care or do so.any service if the carrier is not otherwise required by law to 5.

A plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [July 1, 2015,] October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.

6.

As used in this section:

(a) “Distant site” has the meaning ascribed to it in NRS 629.515.

- 81st Session (2021) – 30 – (b) “Originating site” has the meaning ascribed to it in NRS 629.515.

(c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

Sec.

11.3.ealNRS 689C.195 is hereby amended to read as 629.515.

follows:

689C.195 1.

A health benefit plan must include coverage for services provided to an insured through telehealth to the same extent and, for mental health services except [for] when such services are provided through audio-only interaction, in the same amount as though provided in person or by other means.

(c) Refuse to provide the coverage described in subsection 1 because ofof: [the] :

or (d) Require covered services to be provided through telehealth as a condition to providing coverage for such services;

[or] (e) Categorize a service provided through telehealth differently for purposes relating to coverage [or reimbursement] than if the service had been provided in person or through other means [.] ;

or (f) Categorize a mental health service provided through telehealth, other than through audio-only interaction, differently for purposes relating to reimbursement than if the service had been provided in person or by other means.

3.

A health benefit plan must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person.

A health benefit plan may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

- 81st Session (2021) – 31 – 4.

The provisions of this section do not require a carrier to:

(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

(b) Provide coverage for a service that is not a covered service or (c) Enter into a contract with any provider of health care or cover any service if the carrier is not otherwise required by law to do so.

5.

A plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.

6.

As used in this section:

(a) “Distant site” has the meaning ascribed to it in NRS 629.515.

(b) “Originating site” has the meaning ascribed to it in NRS 629.515.

(c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

(d) “Telehealth” has the meaning ascribed to it in NRS 629.515.

Sec.

11.6.

NRS 689C.195 is hereby amended to read as follows:

689C.195 1.

A health benefit plan must include coverage for services provided to an insured through telehealth to the same extent [and, for mental health services except where such services are provided through audio-only interaction, in the same amount] as though provided in person or by other means.

(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

(c) Refuse to provide the coverage described in subsection 1 because of:

(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;

- 81st Session (2021) – 32 – (d) Require covered services to be provided through telehealth as a condition to providing coverage for such servicesservices; [.] ;

or (e) Categorize a service provided through telehealth differently for purposes relating to coverage orthan if the service had been pro(f) Categorize a mental health service provided through telehealth, other than through audio-only interaction, differently for purposes relating to reimbursement than if the service had been provided in person or throughby other means.means.] 3.

- *SB5_R1* – 17 – 3.

A plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [July 1, 2015,] October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflictcon6.ictAs withused in this sectionsection:id. is void.

6.

As used in this section:

11.9.

NRS 689C.195 is hereby amended to read as follows:

689C.195 1.

A health benefit plan must include coverage for services provided to an insured through telehealth to the same extent [and, except for services provided through audio-only interaction, in the same amount] as though provided in person or by other means.

2.

A carrier shall not:

- 81st Session (2021) – 33 – a provider of health care or provide any additional consent to orith reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

(c) Refuse to provide the coverage described in subsection 1 because of:

(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;

or (2) The technology used to provide the services;

(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services;

or for purposes relating to coverage [or reimbursement] than if thetly service had been provided in person or through other means.

3.

A health benefit plan must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person.

A health benefit plan may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

4.

The provisions of this section do not require a carrier to:

(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care;

or (c) Enter into a contract with any provider of health care or cover any service if the carrier is not otherwise required by law to do 5.

A plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.

6.

As used in this section:

(a) “Distant site” has the meaning ascribed to it in NRS 629.515.

(b) “Originating site” has the meaning ascribed to it in NRS 629.515.

- 81st Session (2021) – 34 – NRS 439.820.ider of health care” has the meaning ascribed to it in (d) “Telehealth” has the meaning ascribed to it in NRS 629.515.

Sec.

(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide servicesdescribed throughin telehealthsubsection 1;h as a condition to providing the coverage (c) Refuse to provide the coverage described in subsection 1;1 because of [the] :

(c)(1) RefuseThe todistant providesite from which a provider of health care provides services through telehealth or the coverageoriginating describedsite inat subsectionwhich 1an becauseinsured ofreceives [the]services :through telehealth;

- *SB5_R1* – 18 – (1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;

A benefit contract telehealth if such prior authorization would be required if the service were provided in person or by other means.

4.

The provisions of this section do not require a society to:

(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care;

or - 81st Session (2021) – 35 – (c) Enter into a contract with any provider of health care or cover any service if the society is not otherwise required by law to do so.

5.

A benefit contract subject to the provisions of this chapter 2015,] October 1, 2021, has the legal effect of including the [July 1, coverage required by this section, and any provision of the contract or the renewal which is in conflict with this section is void.

6.

As used in this section:

(a) “Distant site” has the meaning ascribed to it in NRS 629.515.

(b) “Originating site” has the meaning ascribed to it in NRS 629.515.

(c) “Provider of health care” has the meaning ascribed to it in NRS 439.820.

(d) “Telehealth” has the meaning ascribed to it in NRS 629.515.

Sec.

12.3.

NRS 695A.265 is hereby amended to read as follows:

695A.265 1.

A benefit contract must include coverage for services provided to an insured through telehealth to the same extent and, for mental health services except [for] when such services are provided through audio-only interaction, in the same amount as though provided in person or by other means.

2.

A society shall not:

(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

necessary to provide services to an insured through telehealth ors receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

(c) Refuse to provide the coverage described in subsection 1 because of:

(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;

or (2) The technology used to provide the services;

(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services;

[or] (e) Categorize a service provided through telehealth differently for purposes relating to coverage [or reimbursement] than if the service had been provided in person or through other means [.] ;

or - 81st Session (2021) – 36 – (f) Categorize a mental health service provided through telehealth, other than through audio-only interaction, differently for purposes relating to reimbursement than if the service had been provided in person or by other means.

authorization for any service provided through telehealth that is notr required for the service when provided in person.

A benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [July 1, 2015,] October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the contract or the renewal which is in conflict with this section is void.

NRS 439.820.ider of health care” has the meaning ascribed to it in (d) “Telehealth” has the meaning ascribed to it in NRS 629.515.

Sec.

12.6.

NRS 695A.265 is hereby amended to read as follows:

695A.265 1.

A benefit contract must include coverage for services provided to an insured through telehealth to the same extent [and, for mental health services except where such services are provided through audio-only interaction, in the same amount] as though provided in person or by other means.

2.

A society shall not:

(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1;

- 81st Session (2021) – 37 – necessary to provide services to an insured through telehealth ors receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1;

(c) Refuse to provide the coverage described in subsection 1 because of:

(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;

or (2) The technology used to provide the services;

(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services;

or (e) Categorize a service provided through telehealth differently for purposes relating to coverage than if the service had been provided in person or through other means .

[;

or (f) Categorize a mental health service provided through purposes relating to reimbursement than if the service had beently for provided in person or by other means.] 3.

A benefit contract must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person.

A benefit contract may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.

4.

The provisions of this section do not require a society to:

(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;

(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care;

or (c) Enter into a contract with any provider of health care or cover any service if the society is not otherwise required by law to do 5..

A benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2021, has the legal effect of including the coverage required by this section, and any provision of the contract or the renewal which is in conflict with this section is void.

6.

As used in this section:

(a) “Distant site” has the meaning ascribed to it in NRS 629.515.

(b) “Originating site” has the meaning ascribed to it in NRS 629.515.

- 81st Session (2021) – 38 – NRS 439.820.ider of health care” has the meaning ascribed to it in (d) “Telehealth” has the meaning ascribed to it in NRS 629.515.

Sec.

12.9.

NRS 695A.265 is hereby amended to read as follows:

695A.265 1.