Nevada 2021 Regular Session Status: Enacted

SB 40 — Provides for the collection of certain data relating to health care. (BDR 40-415)

Last action — Approved by the Governor. Chapter 480.

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    Introduced
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    In Committee
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    Passed Senate
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    Passed Assembly
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    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 18, 2020. Enacted.

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Advancing 50% · moderate confidence

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High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

809 added · 814 removed

Plain-language change summary

The updated version of Senate Bill No. 40 introduces several key changes. It now mandates the establishment of an all-payer claims database that will gather health insurance claims data across the state, allowing for a more comprehensive understanding of healthcare costs. Additionally, it allows more insurance providers to contribute data and includes protections to ensure that individuals and entities involved in this data sharing are shielded from legal liability. These changes are important because they aim to improve transparency in healthcare costs and ultimately enhance the quality and accessibility of healthcare for residents.

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(Reprinted with amendments adopted on April 16, 2021) FIRST REPRINT S.B.
Senate Bill No.
40 SENATE BILL NO .
40–Committee on Health and Human Services CHAPTER..........
40–COMMITTEE ON H EALTH AND H UMAN SERVICES (O NB EHALF OF THE PATIENT PROTECTION COMMISSION ) PREFILED NOVEMBER 18, 2020 ____________ Referred to Committee on Health and Human Services SUMMARY—Provides for the collection of certain data relating to health care.
(BDR 40-415) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring the Department of Health and Human Services to establish an all-payer claims database containing information relating to health insurance claims for benefits provided in this State;
requiring the Department of Health and Human Services to establish an all-payer claims database containing information relating to health insurance claims for benefits provided in this State under certain circumstances;
making an appropriation;
- *SB40_R1* – 2 – LegExisting law creates the Patient Protection Commission, which is made up of certain stakeholders in the delivery of health care.
Legislative Counsel’s Digest:
(NRS 439.908) Existing law requires the Commission to systematically review issues related to the health care needs of residents of this State and the quality, accessibility and affordability of health care.
Existing law creates the Patient Protection Commission, which is made up of requires the Commission to systematically review issues related to the health care needs of residents of this State and the quality, accessibility and affordability of health care.
and (2) prohibits the Executive Director from disclosing confidential information obtained from a state agency to 439.914) Section 1 of this bill additionally authorizes the Commission to request not more than two reports each year concerning certain issues relating to health care from a state or local governmental entity.
and (2) prohibits the Executive any person or entity, including the Commission or a member thereof.
Section 1 requires any governmental entity that receives such a request to submit the report to provide the report to the Executive Director of the Commission and a copy of the report to the Attorney General, to the extent that the entity has resources to compile the report and disclosure of the information requested would not violate the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
(NRSagency to 439.914) Section 1 of this bill additionally authorizes the Commission to request not more than two reports each year concerning certain issues relating to health care from a state or local governmental entity.
Existing law provides for the collection and maintenance of data and the of diabetes and asthma;
Section 1 requires any governmental entity that receives such a request to submit the report to provide the report to the Executive Director of the Commission and a copy of the report to the Attorney disclosure of the information requested would not violate the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
Existing law provides for the collection and maintenance of data and the issuance of reports concerning:
(1) the prices of prescription drugs for the treatment of diabetes and asthma;
(NRS 439B.600-439B.695, 457.230- the treatment 457.280) Section 9 of this bill requires the Department of Health and Human Services to establish an all-payer claims database of information relating to health insurance claims resulting from medical, dental or pharmacy benefits provided in this State.
(NRS 439B.600-439B.695, 457.230- - 81st Session (2021) – 2 – 457.280) Section 9 of this bill requires, to the extent that federal money is available for this purpose, the Department of Health and Human Services to establish an all- payer claims database of information relating to health insurance claims resulting from medical, dental or pharmacy benefits provided in this State.
(1) requires the Department to adopt regulations to establish an advisory committee to make recommendations concerning the collection, analysis and reporting of data in the database, secure access to such data and the release of such data;
(1) requires the Department to adopt regulations to establish an advisory committee to the database, secure access to such data and the release of such data;
and (2) authorizes the Department to establish an advisory committee to this bill requires any public or private insurer that provides health benefits and is regulated under state law, with certain exceptions, to submit data to the database.
and (2) in authorizes the Department to establish an advisory committee to assist the Department in establishing and maintaining the database.
Section 10 of this bill requires any public or private insurer that provides health benefits and is regulated under state law, with certain exceptions, to submit data to the database.
Section 12 of this bill requires a person or entity that Section 13 of this bill:
Section 12 of this bill requires a person or entity that wishes to obtain data from the database to submit a request to the Department.
Section 13 of this bill:
and (2) requires the Department to release the information in the database to the Attorney General for purposes relating to unfair or deceptive trade practices.
and (2) requires the Department to release the information in the database to the Attorney General for purposes relating to unfair or deceptive trade data to certain governmental entities or an entity that submits information to theed database pursuant to section 10;
Section 13 authorizes the release from the database of:
(1) de-aggregated data to certain governmental entities or an entity that submits information to the database pursuant to section 10;
Section 13 requires any published document that contains or uses requires the Department to publish a report at least annually concerning the quality, efficiency and cost of health care in this State using data from the database.
Section 13 requires any published document that contains or uses data from the database to contain certain information.
Section 14 of this bill requires the Department to publish a report at least annually concerning the quality, efficiency and cost of health care in this State using data from the database.
- *SB40_R1* – 3 – Section 16 of this bill provides an exemption from civil and criminal liability to:
Section 16 of this bill provides an exemption from civil and criminal liability to:
and (2) the Department and its members, officers and employees for failing to provide data from the database or Department to adopt regulations necessary for the establishment and maintenancee of the database.
and (2) the Department and its members, officers and employees for failing to provide data from the database or providing incorrect data from the database.
Section 17 requires such regulations to establish administrative penalties to be imposed against persons and entities that fail to comply with provisions of law or regulations governing the database.
Section 17 of this bill requires the Department to adopt regulations necessary for the establishment and maintenance penalties to be imposed against persons and entities that fail to comply withtive provisions of law or regulations governing the database.
(1) maintain the all-payer claims database and the program to collect and maintain data concerning concerning ways to reduce the cost of health care and prescription drugs.
(1) maintain the all-payer claims database and the program to collect and maintain data concerning prescription drugs;
Section 18 of this bill authorizes the use of administrative penalties collected for failure to comply with requirements to provide certain information relating to prescription drugs for similar purposes.
and (2) establish and carry out programs to educate patients concerning ways to reduce the cost of health care and prescription drugs.
Section 19.5 of this bill also authorizes the Commissioner of Insurance to refuse to continue, suspend, limit or revoke an insurer’s certificate of authority for failure to comply with provisions of law or regSection 20 of this bill requires the Department of Health and Human Services and the Division of Insurance of the Department of Business and Industry to develop and submit to the Patient Protection Commission and the Legislature a report containing an inventory of certain types of data reported to the Department of Health and Human Services or the Division of Insurance of the Department of Business and Industry.
Section of this bill authorizes the use of administrative penalties collected for failure to comply with requirements to provide certain information relating to prescription drugs for similar purposes.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 19.5 of this bill also authorizes the Commissioner of Insurance to refuse to continue, suspend, limit or revoke an - 81st Session (2021) – 3 – insurer’s certificate of authority for failure to comply with provisions of law or regulations governing the database.
Section 1.
and the Division of Insurance of the Department of Business and Industry toices develop and submit to the Patient Protection Commission and the Legislature a report containing an inventory of certain types of data reported to the Department of Health and Human Services or the Division of Insurance of the Department of Business and Industry.
Financing and Policy of the Department of Health and Human Services for theth Care development of the all-payer claims database if the database is established pursuant to section 9.
EXPLANATION – Matter in bolded italics is new;
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matter between brackets [omitted material] is material to be omitted.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
- *SB40_R1* – 4 – (e) Reviewing the adequacy and types of providers of health care who participate in networks established by health carriers in this State and the geographic distribution of the providers of health care who participate in each such network.
(e) Reviewing the adequacy and types of providers of health care who participate in networks established by health carriers in this State and the geographic distribution of the providers of health care who participate in each such network.
(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.
(g) Reviewing the effect of any changes to Medicaid, including, without limitation, the expansion of Medicaid pursuant to the - 81st Session (2021) – 4 – Patient Protection and Affordable Care Act, Public Law 111-148, on the cost and availability of health care and health insurance in this State.
(h) Reviewing proposed and enacted legislation, regulations and other changes to state and local policy related to health care in this State.
(h) Reviewing proposed and enacted legislation, regulations and State.changes to state and local policy related to health care in this (i) Researching possible changes to state or local policy in this State that may improve the quality, accessibility or affordability of health care in this State, including, without limitation:
(i) Researching possible changes to state or local policy in this State that may improve the quality, accessibility or affordability of health care in this State, including, without limitation:
(j) Monitoring and evaluating proposed and enacted federal legislation and regulations and other proposed and actual changes to federal health care policy to determine the impact of such changes on the cost of health care in this State.
(j) Monitoring and evaluating proposed and enacted federal legislation and regulations and other proposed and actual changes to on the cost of health care in this State.he impact of such changes (k) Evaluating the degree to which the role, structure and duties of the Commission facilitate the oversight of the provision of health care in this State by the Commission and allow the Commission to perform activities necessary to promote the health care needs of residents of this State.
(k) Evaluating the degree to which the role, structure and duties of the Commission facilitate the oversight of the provision of health care in this State by the Commission and allow the Commission to perform activities necessary to promote the health care needs of residents of this State.
(l) 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.
(l) 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 - *SB40_R1* – 5 – the quality, accessibility and affordability of health care in this State, including, without limitation, recommendations concerning the items described in this subsection.
The Commission may request that any state or local governmental entity submit not more than two reports each year containing or analyzing information that is not confidential by law concerning the cost of health care, consolidation among entities that provide or pay for health care or other issues related to access to health care.
The Commission may request that any state or local governmental entity submit not more than two reports each year containing or analyzing information that is not confidential by law - 81st Session (2021) – 5 – concerning the cost of health care, consolidation among entities that provide or pay for health care or other issues related to access to health care.
To the extent that a governmental entity from which such a report is requested has the resources to compile the report and the disclosure of the information requested is authorized by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, the governmental entity shall provide the report to the Executive Director of the Commission and submit a copy of the report to the Attorney General.
To the extent that a governmental entity from which such a report is requested has the resources to compile the authorized by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, the governmental entity shall provide the report to the Executive Director of the Commission and submit a copy of the report to the Attorney General.
“Covered entity” has the meaning ascribed to it in 45 C.F.R.
“Covered entity” has the meaning ascribed to it in C.F.R.
“Direct patient identifier” means data that directly identifies a patient, including, without limitation, a name, telephone number, social security number, number associated with a medical record, health plan beneficiary number or electronic mail address.
“Direct patient identifier” means data that directly identifies a patient, including, without limitation, a name, telephone number, social security number, number associated electronic mail address.ealth plan beneficiary number or Sec.
Sec.
- *SB40_R1* – 6 – Sec.
Sec.
“Unique identifier” means an identifier that is guaranteed to be unique for a patient and can be used to track information relating to the patient but is not a direct patient identifier.
“Unique identifier” means an identifier that is guaranteed to be unique for a patient and can be used to track - 81st Session (2021) – 6 – information relating to the patient but is not a direct patient identifier.
The Department shall establish an all-payer claims database of information relating to health insurance claims resulting from medical, dental or pharmacy benefits provided in this State.
The Department shall, to the extent that federal money is available for this purpose, establish an all-payer claims resulting from medical, dental or pharmacy benefits provided in this State.
The Department shall:
If the Department establishes an all-payer claims database pursuant to subsection 1, the Department shall:
The Department:
If the Department establishes an all-payer claims database pursuant to subsection 1, the Department:
(b) May adopt regulations to establish any other advisory committee if necessary to assist the Department in carrying out the provisions of sections 3 to 17, inclusive, of this act.
(b) May adopt regulations to establish any other advisory committee if necessary to assist the Department in carrying out the pro4.sioThe membership of any advisory committee established pursuant to subsection 3 must include, without limitation, representatives of providers of health care, health facilities, health authorities, as defined in NRS 439.005, health maintenance organizations, private insurers, nonprofit organizations that represent consumers of health care services and each of the two entities that submit data concerning the largest number of claims to the database.
4.
The membership of any advisory committee established pursuant to subsection 3 must include, without limitation, representatives of providers of health care, health facilities, health authorities, as defined in NRS 439.005, health maintenance organizations, private insurers, nonprofit organizations that represent consumers of health care services and each of the two entities that submit data concerning the largest number of claims to the database.
If an all-payer claims database is established pursuant to section 9 of this act:
Except as otherwise provided in this section, each health carrier, governing body of a local governmental agency that provides health insurance through a self-insurance reserve fund pursuant to NRS 287.010 or entity required by the regulations adopted pursuant to section 17 of this act to submit data to the database and the Public Employees’ Benefits Program shall submit to the all-payer claims database the data prescribed by the Department pursuant to section 17 of this act in the format - *SB40_R1* – 7 – prescribed by the Department pursuant to that section.
Except as otherwise provided in this section, each health carrier, governing body of a local governmental agency that provides health insurance through a self-insurance reserve fund pursuant to NRS 287.010 or entity required by the regulations adopted pursuant to section 17 of this act to submit data to the - 81st Session (2021) – 7 – database and the Public Employees’ Benefits Program shall submit to the all-payer claims database the data prescribed by the Department pursuant to section 17 of this act in the format prescribed by the Department pursuant to that section.
The provisions of this subsection do not apply to:
The pro(a) An issuer of insurance that only provides limited-scope dental or vision benefits or coverage that is only for a specified disease or illness, with respect to such coverage;
(a) An issuer of insurance that only provides limited-scope dental or vision benefits or coverage that is only for a specified disease or illness, with respect to such coverage;
(a) “Health carrier” means an entity subject to the insurance laws and regulations of this State, or subject to the jurisdiction of the Commissioner of Insurance, that contracts or offers to contract to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services, including, without limitation, a sickness and accident health insurance company, a health maintenance organization, a nonprofit hospital and health service corporation or any other entity providing a plan of health insurance, health benefits or health care services.
(a) “Health carrier” means an entity subject to the insurance the Commissioner of Insurance, that contracts or offers tosdiction of contract to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services, including, without limitation, a sickness and accident health insurance company, a health maintenance organization, a nonprofit hospital and health service corporation or any other entity providing a plan of health insurance, health benefits or health care services.
Except as otherwise provided in subsection 3 and section 13 of this act, data contained in the all-payer claims database is confidential and is not a public record or subject to subpoena.
Except as otherwise provided in subsection 3 and section 13 of this act, data contained in the all-payer claims database, if established pursuant to section 9 of this act, is confidential and is not a public record or subject to subpoena.
2.
- 81st Session (2021) – 8 – 2.
The Department shall comply with the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto as if the Department were a covered entity maintaining protected health information, as defined in 45 C.F.R.
The Department shall comply with the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto as if the Department were a covered entity maintaining with regard to the collection of data pursuant to section 10 of this act, the storage of data in the all-payer claims database and the procedures for releasing data from the all-payer claims database pursuant to section 13 of this act.
§ 160.103, - *SB40_R1* – 8 – with regard to the collection of data pursuant to section 10 of this act, the storage of data in the all-payer claims database and the procedures for releasing data from the all-payer claims database pursuant to section 13 of this act.
To obtain data from the all-payer claims database pursuant to subsection 3 of section 13 of this act, a person or entity must submit a request to the Department.
To obtain data pursuant to subsection 3 of section of this act from the all-payer claims database, if established pursuant to section 9 of this act, a person or entity must submit a request to the Department.
and (b) The names of any persons or entities to whom the applicant plans to disclose data from the all-payer claims database and the reasons for the proposed disclosure;
and (b) The names of any persons or entities to whom the applicant plans to disclose data from the all-payer claims database and the rea4.ns The measures that the requester plans to take to ensure the security of the data and prevent unauthorized use of the data in accordance with section 13 of this act and the regulations adopted pursuant to section 17 of this act;
4.
The measures that the requester plans to take to ensure the security of the data and prevent unauthorized use of the data in accordance with section 13 of this act and the regulations adopted pursuant to section 17 of this act;
If the all-payer claims database is established pursuant to section 9 of this act:
3.
- 81st Session (2021) – 9 – 3.
(a) In de-aggregated form with unique identifiers upon the submission of a request that meets the requirements of section 12 of this act to:
(a) In de-aggregated form with unique identifiers upon the of this act to:
(1) A state or federal governmental entity, including, without limitation, a college or university within the Nevada System of Higher Education;
request that meets the requirements of section 12 (1) A state or federal governmental entity, including, without limitation, a college or university within the Nevada System of Higher Education;
or - *SB40_R1* – 9 – (2) Any entity that submits data to the database pursuant to section 10 of this act.
or (2) Any entity that submits data to the database pursuant to section 10 of this act.
6.
data is released pursuant to subsection 3 of the percentage ofhom residents of this State who have health coverage for which data was submitted to the all-payer claims database for the time period to which the released data pertains.
The Department shall notify each person or entity to whom data is released pursuant to subsection 3 of the percentage of residents of this State who have health coverage for which data was submitted to the all-payer claims database for the time period to which the released data pertains.
The Department shall, at least annually, publish a report concerning the quality, efficiency and cost of health care in this State based on the data in the all-payer claims database.
The Department shall, at least annually, publish a report concerning the quality, efficiency and cost of health care in this State based on the data in the all-payer claims database, if the all-payer claims database is established pursuant to section 9 - 81st Session (2021) – 10 – of this act.
(b) The Patient Protection Commission created by NRS 439.908;
439.908;
and (c) The Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Health Care and the next regular session of the Legislature.
andatient Protection Commission created by NRS (c) The Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Health Care and the next regular session of the Legislature.
A report published pursuant to subsection 1 must, where feasible, separate data by demographics, income, health status and the geography of, and the language spoken by, patients to assist in - *SB40_R1* – 10 – the identification of variations in the efficiency and quality of care.
A report published pursuant to subsection 1 must, where feasible, separate data by demographics, income, health status and the geography of, and the language spoken by, patients to assist in the identification of variations in the efficiency and quality of care.
(b) Include in any comparison of the performance of providers of health care information concerning a provider of health care who is a solo practitioner or practices in a group of fewer than four providers.
(b) Include in any comparison of the performance of providers of health care information concerning a provider of health care four providers.ractitioner or practices in a group of fewer than 5.
5.
Sec.
- 81st Session (2021) – 11 – Sec.
If the all-payer claims database is established pursuant to section 9 of this act:
On or before December 31 of each even- numbered year, the Department shall submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a report concerning the cost, performance and effectiveness of the all-payer claims database and any recommendations to improve the all-payer claims database.
On or before December 31 of each even-numbered year, the Department shall submit to the Director of the Legislative Legislature a report concerning the cost, performance andn of the effectiveness of the all-payer claims database and any recommendations to improve the all-payer claims database.
- *SB40_R1* – 11 – (1) On December 31 of an even-numbered year, the next regular session of the Legislature;
(1) On December 31 of an even-numbered year, the next regular session of the Legislature;
No person or entity providing information to the Department, including, without limitation, data submitted to the all-payer claims database in accordance with sections 3 to 17, inclusive, of this act, may be held liable in a civil or criminal action for disclosing confidential information unless the person or entity has done so in bad faith or with malicious purpose.
No person or entity providing information to the Department, including, without limitation, data submitted to the all-payer claims database, if established pursuant to section 9 of this act, in accordance with sections 3 to 17, inclusive, of this act, may be held liable in a civil or criminal action for disclosing confidential information unless the person or entity has done so in bad faith or with malicious purpose.
The Department and its members, officers and employees are not liable in any civil or criminal action for any damages resulting from any act, omission, error or technical problem that causes incorrect information from the all-payer claims database to be provided to any person or entity.
The Department and its members, officers and employees are not liable in any civil or criminal action for any damages causes incorrect information from the all-payer claims database to be provided to any person or entity.
If the all-payer claims database is established pursuant to section 9 of this act:
(b) The privacy and security of data maintained in the all- payer claims database and the procedure for releasing data from the all-payer claims database pursuant to subsection 3 of section 13 of this act, which must ensure compliance with subsection 2 of section 11 of this act.
(b) The privacy and security of data maintained in the all- payer claims database and the procedure for releasing data from - 81st Session (2021) – 12 – section 13 of this act, which must ensure compliance with subsection 2 of section 11 of this act.
Any penalties for the failure to comply with the requirements of section 10 of this act or the regulations adopted pursuant to this section concerning the submission of data to the all-payer claims database must not exceed $5,000 for each day of such failure.
Any penalties for the failure to comply with the requirements of section of this act or the regulations adopted pursuant to this section concerning the submission of data to the all-payer claims database must not exceed $5,000 for each day of such failure.
(a) Regulations that require entities that provide health coverage in this State, in addition to the entities required by section 10 of this act but not including entities exempt from reporting pursuant to subsection 1 of that section, to upload data to the all-payer claims database;
(a) Regulations that require entities that provide health coverage in this State, in addition to the entities required by section 10 of this act but not including entities exempt from to the all-payer claims database;
and - *SB40_R1* – 12 – (b) Any other regulations necessary to carry out the provisions of sections 3 to 17, inclusive, of this act.
and that section, to upload data (b) Any other regulations necessary to carry out the provisions of sections 3 to 17, inclusive, of this act.
(1) Obtain certification by the HITRUST Alliance or its successor organization and maintain such certification for the term of the contract;
successor organization and maintain such certification for the term of the contract;
(2) Comply with the requirements of subsection 2 of section 11 of this act to the same extent as the Department;
(2) Comply with the requirements of subsection 2 of section of this act to the same extent as the Department;
5.
- 81st Session (2021) – 13 – 5.
(a) Carry out the provisions of NRS 439B.600 to 439B.695, inclusive, and sections 3 to 17, inclusive, of this act;
(a) Carry out the provisions of NRS 439B.600 to 439B.695, inc(b) Establish and carry out programs to educate patientsd concerning ways to reduce the cost of health care and prescription drugs.
and (b) Establish and carry out programs to educate patients concerning ways to reduce the cost of health care and prescription drugs.
If a manufacturer fails to provide to the Department the information required by NRS 439B.635, 439B.640 or 439B.660, a pharmacy benefit manager fails to provide to the Department the information required by NRS 439B.645, a nonprofit organization fails to post or provide to the Department, as applicable, the - *SB40_R1* – 13 – information required by NRS 439B.665 or a manufacturer, pharmacy benefit manager or nonprofit organization fails to post or provide, as applicable, such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the manufacturer, pharmacy benefit manager or nonprofit organization, as applicable, an administrative penalty of not more than $5,000 for each day of such failure.
If a manufacturer fails to provide to the Department the information required by NRS 439B.635, 439B.640 or 439B.660, a pharmacy benefit manager fails to provide to the Department the information required by NRS 439B.645, a nonprofit organization fails to post or provide to the Department, as applicable, the information required by NRS 439B.665 or a manufacturer, pharmacy benefit manager or nonprofit organization fails to post or provide, as applicable, such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or against the manufacturer, pharmacy benefit manager or nonprofit organization, as applicable, an administrative penalty of not more than $5,000 for each day of such failure.
and (2) Provide education concerning asthma and diabetes and prevent those diseases.
and - 81st Session (2021) – 14 – (2) Provide education concerning asthma and diabetes and prevent those diseases.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, - *SB40_R1* – 14 – 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, - *SB40_R1* – 15 – 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 11 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
Except as otherwise provided in this section and 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068,.350, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, - 81st Session (2021) – 15 – 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 11 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of - 81st Session (2021) – 16 – Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum such copies, abstracts or memoranda may be used to supply theny general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.
Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.
Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by mea(a) The public record:dium if:
(a) The public record:
(1) Was not created or prepared in an electronic format;
- *SB40_R1* – 16 – (1) Was not created or prepared in an electronic format;
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
- 81st Session (2021) – 17 – request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
or (d) Violated any provision of this Code other than one for violation of which suspension or revocation is mandatory.
or (d) Violated any provision of this Code other than one for In lieu of such a suspension or revocation, the Commissioner may levy upon the insurer, and the insurer shall pay forthwith, an administrative fine of not more than $2,000 for each act or violation.
 In lieu of such a suspension or revocation, the Commissioner may levy upon the insurer, and the insurer shall pay forthwith, an administrative fine of not more than $2,000 for each act or violation.
- *SB40_R1* – 17 – (b) With such frequency as to indicate its general business practice in this State:
(b) With such frequency as to indicate its general business practice in this State:
(1) Has without just cause failed to pay, or delayed payment of, claims arising under its policies, whether the claims are in favor of an insured or in favor of a third person with respect to the liability of an insured to the third person;
(1) Has without just cause failed to pay, or delayed in favor of an insured or in favor of a third person with respect to the liability of an insured to the third person;
(c) Refuses to be examined, or its directors, officers, employees or representatives refuse to submit to examination relative to its affairs, or to produce its books, papers, records, contracts, correspondence or other documents for examination by the Commissioner when required, or refuse to perform any legal obligation relative to the examination.
(c) Refuses to be examined, or its directors, officers, employees or representatives refuse to submit to examination relative to its affairs, or to produce its books, papers, records, contracts, - 81st Session (2021) – 18 – correspondence or other documents for examination by the Commissioner when required, or refuse to perform any legal obligation relative to the examination.
(d) Except as otherwise provided in NRS 681A.110, has reinsured all its risks in their entirety in another insurer.
(d) Except as otherwise provided in NRS 681A.110, has rei(e) Has failed to pay any final judgment rendered against it in this State upon any policy, bond, recognizance or undertaking as issued or guaranteed by it, within 30 days after the judgment became final or within 30 days after dismissal of an appeal before final determination, whichever date is the later.
(e) Has failed to pay any final judgment rendered against it in this State upon any policy, bond, recognizance or undertaking as issued or guaranteed by it, within 30 days after the judgment became final or within 30 days after dismissal of an appeal before final determination, whichever date is the later.
This limitation does not apply if the Commissioner finds fraudulent or willful evasion of taxes.
This limitation evasion of taxes.
Sec.
the Commissioner finds fraudulent or willful Sec.
19.7.
1.
There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services for the development of the all-payer claims database, if the database is established pursuant to section 9 of this act, the following sums:
For the Fiscal Year 2021-2022....................................$24,970 For the Fiscal Year 2022-2023..................................$300,188 2.
Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after - 81st Session (2021) – 19 – September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16,Sec.
- *SB40_R1* – 18 – 1.
1.
On or before December 1, 2021, and December 1, 2022, the Department of Health and Human Services shall:
On or before December 1, 2021, and December 1, 2022, the Department of Health and Human Services shall, if the all- payer claims database is established pursuant to section 9 of this act:
(a) Develop a report concerning the implementation of sections 3 to 17, inclusive, of this act, including, without limitation, the cost of implementing the all-payer claims database and the technical progress made toward full implementation of the all-payer claims database;
(a) Develop a report concerning the implementation of sections to 17, inclusive, of this act, including, without limitation, the cost of implementing the all-payer claims database and the technical progress made toward full implementation of the all-payer claims database;
and (b) Submit the report to the Patient Protection Commission created by NRS 439.908 and the Director of the Legislative Counsel Bureau for transmittal to:
and created by NRS 439.908 and the Director of the Legislative Counsel Bureau for transmittal to:
The Department of Health and Human Services shall not release any data from the all-payer claims database pursuant to subsection 3 of section 13 of this act until 6 months after the approval by the Legislative Commission or the Subcommittee to Review Regulations pursuant to NRS 233.067 of regulations adopted pursuant to section 17 of this act relating to the collection, privacy and security of data.
The Department of Health and Human Services shall not release any data pursuant to subsection 3 of section 13 of this act from the all-payer claims database, if the database is established pursuant to section 9 of this act, until 6 months after the approval by the Legislative Commission or the Subcommittee to Review Regulations pursuant to NRS 233.067 of regulations adopted pursuant to section 17 of this act relating to the collection, privacy and security of data.
2.
- 81st Session (2021) – 20 – 2.
The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a reqSec.
Sec.
Sections 1, 18, 20, 21, 21.5 and 22 of this act become effective on July 1, 2021.
Sections 1, 18 and 19.7 to 22, inclusive, of this act become effective on July 1, 2021.
- *SB40_R1* – 19 – regulations and performing any other preparatory administrativey tasks that are necessary to carry out the provisions of this act;
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
H - *SB40_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 480.

  2. Enrolled and delivered to Governor.

  3. From committee: Do pass. Declared an emergency measure under the Constitution. Read third time. Passed. Title approved. (Yeas: 26, Nays: 16.) To Senate. In Senate. To enrollment.

  4. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Ways and Means. To committee.

  5. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 723.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 14, Nays: 7.) To printer.

  6. From printer. To engrossment. Engrossed. First reprint. To committee. Exemption effective.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 175.) Taken from General File. Re-referred to Committee on Finance. To printer.

  8. Notice of eligibility for exemption.

  9. Read first time. To committee.

  10. From printer.

  11. Prefiled. Referred to Committee on Health and Human Services. To printer.

Sponsors

  • Senate Committee on Health and Human Services · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Health and Human Services

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 40?
SB 40 is sponsored by Senate Committee on Health and Human Services.
What is the current status of SB 40?
This bill has been enacted into law. Introduced November 18, 2020. Enacted.
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