Nevada 2021 Regular Session Status: Enacted

AB 192 — Revises provisions governing the testing of pregnant women for certain sexually transmitted infections. (BDR 40-453)

Last action — Approved by the Governor. Chapter 400.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 04, 2021. Enacted.

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  • Enacted

    Current position in the legislative process.

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    1 primary, 0 co-sponsors signed on.

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Bill Text

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(Reprinted with amendments adopted on April 16, 2021) FIRST REPRINT A.B.
Assembly Bill No.
192 ASSEMBLY B ILLN O.
192–Committee on Health and Human Services CHAPTER..........
192–C OMMITTEE ON H EALTH AND H UMAN SERVICES (O N BEHALF OF THE LEGISLATIVE COMMITTEE ON HEALTH CARE ) M ARCH 4, 2021 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing the testing of pregnant women for certain sexually transmitted infections.
(BDR 40-453) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§§ 5,6) (NOTREQUESTED BAFFECTEDLOCALGOVERNMEN) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExisting law:
LegiExisting law:
- *AB192_R1* – 2 – syphilis as a communicable disease.
(NRS 441A.120, 441A.150) Section 1 of this bill requires the Board to designate syphilis as a communicable disease.
Section 1.2 of this bill requires a report of a pregnant woman who has syphilis to include certain information relating to the treatment, if any, provided to the pregnant woman.
Section 1.2 of this bill requires a report of a treatment, if any, provided to the pregnant woman.
Existing law:
information relating to the Existing law:
(NRS who attend to pregnant women to make or ensure the performance of anther persons examination and testing of a pregnant woman for Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C, unless the pregnant woman opts out of such examination and testing.
(NRS 442.010, 442.020) Section 1.6 of this bill requires physicians and other persons examination and testing of a pregnant woman for Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C, unless the pregnant woman opts out of such examination and testing.
Section 2 additionally removes:
with syphilis commence treatment and instead requires the person or facilitycted performing the testing to provide or refer for treatment if the woman consents;
(1) a requirement that a pregnant woman infected performing the testing to provide or refer for treatment if the woman consents;
Section 1.8 of this bill restricts the amount that a physician or other person who attends a pregnant woman, a hospital or other medical facility or a medical laboratory is authorized to require a third party insurer to pay for the testing and treatment required by sections 1.6 and 2.
Section 1.8 of this bill restricts the amount that a medical facility or a medical laboratory is authorized to require a third party insurer - 81st Session (2021) – 2 – to pay for the testing and treatment required by sections 1.6 and 2.
(1) replaces the misdemeanor violation for violating syphilis testing against a person who violates the requirements of section 1.6 concerning testing for other sexually transmitted infections or the provisions of section 1.8 restricting the amount that a third party may be billed.
(1) replaces the misdemeanor violation for violating syphilis testing requirements with a civil penalty for persons who willfully violate those requirements;
Existing law requires public and private policies of insurance regulated under Nevada law to include certain coverage.
and (2) authorizes the imposition of a civil penalty against a person who willfully violates the requirements of section 1.6 concerning testing for other amount that a third party may be billed.rovisions of section 1.8 restricting the Existing law requires public and private policies of insurance regulated under Nevada law to include certain coverage.
Section 18 of this bill authorizes the Commissioner of Insurance to suspend or revoke the certificate of a health maintenance organization that fails to comply with the requirement of section 16 of 1.6 and 2.
Section 18 of this bill authorizes maintenance organization that fails to comply with the requirement of section 16 of this bill to provide coverage for the examination and testing described in sections 1.6 and 2.
The Commissioner would also be authorized to take such action againstons other health insurers who fail to comply with the requirements of sections 9, 11, 12, 14, 15 and 19 of this bill.
The Commissioner would also be authorized to take such action against other health insurers who fail to comply with the requirements of sections 9, 11, 12, 14, 15 and 19 of this bill.
(NRS 680A.200) - *AB192_R1* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 680A.200) EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(d) For each communicable disease, the procedures for testing, treating, isolating and quarantining a person or group of persons who have been exposed to or have or are suspected of having the disease.
(d) For each communicable disease, the procedures for testing, treating, isolating and quarantining a person or group of persons - 81st Session (2021) – 3 – disease.
(e) A method for ensuring that any testing, treatment, isolation or quarantine of a person or a group of persons pursuant to this chapter is carried out in the least restrictive manner or environment that is appropriate and acceptable under current medical and public health practices.
been exposed to or have or are suspected of having the (e) A method for ensuring that any testing, treatment, isolation or quarantine of a person or a group of persons pursuant to this chapter is carried out in the least restrictive manner or environment that is appropriate and acceptable under current medical and public health practices.
The duties set forth in the regulations adopted by the Board pur(a) In a district in which there is a district health officer, the district health officer or the district health officer’s designee;
The duties set forth in the regulations adopted by the Board pursuant to subsection 1 must be performed by:
or (b) In any other area of the State, the Chief Medical Officer or the Chief Medical Officer’s designee.
(a) In a district in which there is a district health officer, the district health officer or the district health officer’s designee;
Sec.
or (b) In any other area of the State, the Chief Medical Officer or theSec.
If no provider of health care is providing services, each person having knowledge that another person has a communicable disease shall report that fact to the health authority in the manner prescribed by - *AB192_R1* – 4 – the regulations of the Board.
If no provider of health care is providing services, each person having knowledge that another person has a communicable disease shall report that fact to the health authority in the manner prescribed by the regulations of the Board.
or (b) If the pregnant woman refused treatment, the fact that the pregnant woman refused treatment.
or pregnant woman refused treatment.sed treatment, the fact that the 2.
2.
The Chief Medical Officer or his or her designee shall upload that information to the database of the program established pursuant to NRS 453.162 if the program allows for the upload of such information.
The Chief Medical Officer or his or her designee shall upload that information to the database of the - 81st Session (2021) – 4 – program established pursuant to NRS 453.162 if the program allows for the upload of such information.
A medical facility in which more than one provider of health care may know of, or provide services to, a person who has or is suspected of having a communicable disease or who has suffered or is suspected of having suffered a drug overdose shall establish administrative procedures to ensure that the health authority or Chief Medical Officer or his or her designee, as applicable, is notified.
A medical facility in which more than one provider of health care may know of, or provide services to, a person who has or is is suspected of having suffered a drug overdose shall establishor administrative procedures to ensure that the health authority or Chief Medical Officer or his or her designee, as applicable, is notified.
Except as otherwise provided in subsection 2, a physician or other person permitted by law to attend upon a pregnant woman during gestation for conditions relating to her pregnancy shall make or ensure the performance of an examination of each pregnant woman to whom he or she attends, including any standard laboratory tests recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, for the discovery of Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C.
Except as otherwise provided in subsection 2, a physician or other person permitted by law to attend upon a pregnant woman during gestation for conditions relating to her pregnancy shall make or ensure the performance of an examination of each pregnant woman to whom he or she attends, including any standard laboratory tests recommended by the Department of Health and Human Services, for the discovery ofes Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C.
- *AB192_R1* – 5 – The physician or other person shall ensure that any necessary samples are taken from the pregnant woman and submitted to a laboratory licensed pursuant to chapter 652 of NRS for the testing required by this subsection.
The physician or other person shall ensure that any necessary samples are taken from the pregnant woman and submitted to a laboratory licensed pursuant to chapter 652 of NRS for the testing required by this subsection.
2.
- 81st Session (2021) – 5 – 2.
3.
the purpose of performing a test required by NRS 442.010 oraken for section 1.6 of this act shall not require a third party to pay more for the test than the cost incurred by the hospital or other facility to process the sample, including, without limitation, the cost of sending the sample to a laboratory.
A hospital or other facility at which a sample is taken for the purpose of performing a test required by NRS 442.010 or section 1.6 of this act shall not require a third party to pay more for the test than the cost incurred by the hospital or other facility to process the sample, including, without limitation, the cost of sending the sample to a laboratory.
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(a) Physician attending a pregnant woman during gestation for conditions relating to her pregnancy shall make an examination, including a standard serological test, for the discovery of syphilis.
(a) Physician attending a pregnant woman during gestation for conditions relating to her pregnancy shall make an examination, The physician shall take or cause to be taken a sample of blood ofis.
The physician shall take or cause to be taken a sample of blood of the woman [during the first and third trimesters] at the times prescribed by subsection 2, if applicable, and shall submit the - *AB192_R1* – 6 – sample to a [qualified] laboratory licensed pursuant to chapter 652 of NRS for a standard serological test for syphilis.
the woman [during the first and third trimesters] at the times prescribed by subsection 2, if applicable, and shall submit the sample to a [qualified] laboratory licensed pursuant to chapter 652 of NRS for a standard serological test for syphilis.
(1) The woman is asked if she is pregnant and, if she responds in the affirmative, whether she has had the prenatal screenings and tests recommended by the American College of Obstetricians and Gynecologists or its successor organization;
- 81st Session (2021) – 6 – (1) The woman is asked if she is pregnant and, if she responds in the affirmative, whether she has had the prenatal screenings and tests recommended by the American College of Obstetricians and Gynecologists or its successor organization;
and (2) An examination is made, including a standard serological test, for the discovery of syphilis, if the woman indicates that she is pregnant and has not had the prenatal screenings and tests recommended by the American College of Obstetricians and Gynecologists or its successor organization.
and serological test, for the discovery of syphilis, if the woman indicates that she is pregnant and has not had the prenatal screenings and tests recommended by the American College of Obstetricians and Gynecologists or its successor organization.
(1) Should be routinely tested for infection with syphilis, as recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services;
recommended by the Centers for Disease Control and Preventionlis, as of the United States Department of Health and Human Services;
or - *AB192_R1* – 7 – (4) Delivers a stillborn infant after 20 weeks of gestation.
or (4) Delivers a stillborn infant after 20 weeks of gestation.
If [the] a serological or physical examination test performed pursuant to subsection 1 shows [the] that a pregnant woman is infected with syphilis, [she immediately shall commence treatment for syphilis and shall continue treatment until discharged by a licensed physician.] the physician, other person, non-hospital medical facility, emergency department or labor and delivery unit shall:
If [the] a serological or physical examination test performed pursuant to subsection 1 shows [the] that a pregnant woman is infected with syphilis, [she immediately shall commence treatment for syphilis and shall continue treatment until discharged by a licensed physician.] the physician, other person, non-hospital - 81st Session (2021) – 7 – medical facility, emergency department or labor and delivery unit shall:
(a) If the physician, other person, non-hospital medical facility, emergency department or labor and delivery unit is capable of providing treatment for syphilis, seek the consent of the pregnant woman to begin such treatment and, if such consent is obtained, commence treatment;
(a) If the physician, other person, non-hospital medical facility, emergency department or labor and delivery unit is pregnant woman to begin such treatment and, if such consent isof the obtained, commence treatment;
Sec.
442.020 [Any] 442.020 is hereby amended to read as follows:
3.
1.
NRS 442.020 is hereby amended to read as follows:
Any person or entity willfully violating any of the provisions of NRS 442.010 [shall be guilty of a misdemeanor.] or sections 1.6 or 1.8 of this act may be assessed a civil penalty of not more than $500.
442.020 [Any] 1.
Any person or entity violating any of the provisions of NRS 442.010 [shall be guilty of a misdemeanor.] or sections 1.6 or 1.8 of this act may be assessed a civil penalty of not more than $500.
An action for the enforcement of a civil penalty assessed pursuant to this section may be brought in any court of competent - *AB192_R1* – 8 – jurisdiction by the district attorney of the appropriate county or the Attorney General.
An action for the enforcement of a civil penalty assessed pursuant to this section may be brought in any court of competent jurisdiction by the district attorney of the appropriate county or the Attorney General.
(1) The Administrator of the Aging and Disability Services Division;
- 81st Session (2021) – 8 – (1) The Administrator of the Aging and Disability Services Division;
(3) The Administrator of the Division of Child and Family Services;
Services;) The Administrator of the Division of Child and Family (4) The Administrator of the Division of Health Care Financing and Policy;
(4) The Administrator of the Division of Health Care Financing and Policy;
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social this State.
- *AB192_R1* – 9 – (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
and (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
and - 81st Session (2021) – 9 – (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of pro(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
or any combination thereof, for the benefit of such officers andance, employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
The money accumulated for this purpose through deductions from the - *AB192_R1* – 10 – compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543.
The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543.
The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada.
The money must be deposited in a state or - 81st Session (2021) – 10 – national bank or credit union authorized to transact business in the State of Nevada.
Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided.
Any contract Commissionerpendeof adInsuranceor asst to atheovereasonableness of administrative charges in relation to contributions collected and benefits provided.
In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.
In any county in which a legal services organization exists, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.
(a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal - *AB192_R1* – 11 – corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted;
(a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local - 81st Session (2021) – 11 – governmental agency with which the legal services organization has contracted;
and (b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.
and (b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which the5.auA contract that is entered into pursuant to subsection 3:
5.
A contract that is entered into pursuant to subsection 3:
The Director shall include in the State Plan for Medicaid a requirement that the State must pay the nonfederal share of expenditures incurred for the examination of a pregnant woman for the discovery of:
requirement that the State must pay the nonfederal share ofd a expenditures incurred for the examination of a pregnant woman for the discovery of:
Except as otherwise provided in NRS 689A.0405, 689A.0413, 689A.044, 689A.0445, 689B.031, 689B.0313, 689B.0317, 689B.0374, 695B.1912, 695B.1914, 695B.1925, 695B.1942, 695C.1713, 695C.1735, 695C.1745, 695C.1751, 695G.170, 695G.171 and 695G.177 [,] and sections 9, 11, 12, 14, 15, 16 and 19 of this act, any contract for group, blanket or individual health insurance or any contract by a nonprofit hospital, medical or dental service corporation or organization for dental care which provides for payment of a certain part of medical - *AB192_R1* – 12 – or dental care may require the insured or member to obtain prior authorization for that care from the insurer or organization.
Except as otherwise provided in NRS 689A.0405, 689A.0413, 689A.044, 689A.0445, 689B.031, 689B.0313, 689B.0317, 689B.0374, 695B.1912, 695B.1914, 695B.1925, 695B.1942, 695C.1713, 695C.1735, 695C.1745, 695C.1751, 695G.170, 695G.171 and 695G.177 [,] and sections 9, 11, 12, 14, 15, 16 and 19 of this act, any contract for group, blanket or individual health insurance or any contract by a nonprofit hospital, medical or dental service corporation or organization for - 81st Session (2021) – 12 – dental care which provides for payment of a certain part of medical or dental care may require the insured or member to obtain prior authorization for that care from the insurer or organization.
(a) File its procedure for obtaining approval of care pursuant to this section for approval by the Commissioner;
this section for approval by the Commissioner;
and (b) Respond to any request for approval by the insured or member pursuant to this section within 20 days after it receives the request.
andf care pursuant to (b) Respond to any request for approval by the insured or member pursuant to this section within 20 days after it receives the request.
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, 2021, has the legal effect of including the coverage required by subsection 1, and any provision of the policy that conflicts with the provisions of this section is void.
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, 2021, has the legal effect of including the coverage conflicts with the provisions of this section is void.icy that 4.
4.
689A.330 If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling - *AB192_R1* – 13 – require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 9 of this act.
689A.330 If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance - 81st Session (2021) – 13 – commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to Sec.
Sec.
(b) “Network plan” means a policy of group health insurance offered by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer.
(b) “Network plan” means a policy of group health insurance medical care, including items and services paid for as medicalf care, are provided, in whole or in part, through a defined set of providers under contract with the insurer.
(a) Regardless of whether the benefits are provided to the insured by a provider of health care, facility or medical laboratory that participates in the network plan of the carrier;
- 81st Session (2021) – 14 – (a) Regardless of whether the benefits are provided to the insured by a provider of health care, facility or medical laboratory that participates in the network plan of the carrier;
- *AB192_R1* – 14 – 3.
chapter that is delivered, issued for delivery or renewed on or after July 1, 2021, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
A health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2021, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
(a) Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C in accordance with section 1.6 of this act.
(a) Chlamydia trachomatis, gonorrhea, hepatitis B and hep(b) Syphilis in accordance with NRS 442.010.his act.
(b) Syphilis in accordance with NRS 442.010.
(b) “Network plan” means a benefit contract offered by a society under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the society.
- 81st Session (2021) – 15 – society under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the society.
- *AB192_R1* – 15 – (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.
(c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.
(a) Regardless of whether the benefits are provided to the insured by a provider of health care, facility or medical laboratory that participates in the network plan of the hospital or medical services corporation;
insured by a provider of health care, facility or medical laboratory that participates in the network plan of the hospital or medical services corporation;
(b) “Network plan” means a policy of health insurance offered by a hospital or medical services corporation under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the hospital or medical services corporation.
(b) “Network plan” means a policy of health insurance offered by a hospital or medical services corporation under which the financing and delivery of medical care, including items and through a defined set of providers under contract with the hospitalt, or medical services corporation.
Sec.
- 81st Session (2021) – 16 – Sec.
A health maintenance organization that issues a health care plan shall provide coverage for the examination of a pregnant woman for the discovery of:
A health maintenance organization that issues a health care plan shall provide coverage for the examination of a pre(a) Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C in accordance with section 1.6 of this act.
(a) Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C in accordance with section 1.6 of this act.
(a) Regardless of whether the benefits are provided to the enrollee by a provider of health care, facility or medical laboratory - *AB192_R1* – 16 – that participates in the network plan of the health maintenance organization;
(a) Regardless of whether the benefits are provided to the enrollee by a provider of health care, facility or medical laboratory that participates in the network plan of the health maintenance organization;
(b) “Network plan” means a health care plan offered by a health maintenance organization under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the health maintenance organization.
(b) “Network plan” means a health care plan offered by a health maintenance organization under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the health maintenance financing of premiums.
The term does not include an arrangement for the financing of premiums.
does not include an arrangement for the (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.
(c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.
3.
- 81st Session (2021) – 17 – 3.
The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.176 to 695C.200, inclusive, and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services.
The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.173,, 69inclusive,5C.695C.1733,.1705695C.17335, to 695C.1734, 695C.1751, 695C.1755, 695C.176 to 695C.200, inclusive, and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services.
This subsection does not exempt a - *AB192_R1* – 17 – health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;
(a) The health maintenance organization is operating its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;
or (2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;
or - 81st Session (2021) – 18 – services as required under its health care plan;to furnish health care (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
and - *AB192_R1* – 18 – (2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;
and (2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;
(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(h) The health maintenance organization or any person on its misrepresentative, misleading, deceptive or unfair manner;ntrue, (i) The continued operation of the health maintenance organization would be hazardous to its enrollees or creditors or to the general public;
(i) The continued operation of the health maintenance organization would be hazardous to its enrollees or creditors or to the general public;
4.
organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization.
If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization.
The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.
The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded - 81st Session (2021) – 19 – the greatest practical opportunity to obtain continuing coverage for health care.
(a) Regardless of whether the benefits are provided to the insured by a provider of health care, facility or medical laboratory that participates in the network plan of the managed care organization;
insured by a provider of health care, facility or medical laboratory that participates in the network plan of the managed care organization;
- *AB192_R1* – 19 – 3.
3.
A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2021, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the pro4.siAs used in this section:oid.
A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2021, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
4.
As used in this section:
H - *AB192_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 400.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. From committee: Do pass. Placed on Second Reading File. Read second time.

  6. In Senate. Read first time. Referred to Committee on Health and Human Services. To committee.

  7. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 35, Nays: 7.) To Senate.

  8. From printer. To reengrossment. Reengrossed. Second reprint.

  9. Read third time. Amended. (Amend. No. 505.) To printer.

  10. From committee: Amend, and do pass as amended.

  11. From printer. To engrossment. Engrossed. First reprint. To committee.

  12. From committee: Amend, and do pass as amended. Placed on Second Reading File. Notice of eligibility for exemption. Read second time. Amended. (Amend. No. 63.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  13. From printer. To committee.

  14. Read first time. Referred to Committee on Health and Human Services. To printer.

Sponsors

  • Assembly Committee on Health and Human Services · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Assembly Committee on Health and Human Services

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"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 AB 192?
AB 192 is sponsored by Assembly Committee on Health and Human Services.
What is the current status of AB 192?
This bill has been enacted into law. Introduced March 04, 2021. Enacted.
Where can I track AB 192?
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