Provides for the continuation of certain requirements governing insurance coverage of telehealth services. ...
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SB 119 — Provides for the continuation of certain requirements governing insurance coverage of telehealth services. (BDR 57-336)
Last action — Approved by the Governor. Chapter 51.
No card. One bill, free forever — alerts when it moves.
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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
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6Enacted
This bill has been enacted into law. Introduced February 08, 2023. Enacted.
Signed by Governor Joe Lombardo (Republican) on May 29, 2023.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
721 added · 778 removedPlain-language change summary
The revised version of Senate Bill No. 119 extends the requirement for third-party payers to cover telehealth services at the same rate as in-person services until July 1, 2023. Previously, the bill would have allowed this requirement to expire for both mental health services and other types of care. This change matters because it ensures continued equitable access to telehealth, especially important as the demand for remote healthcare options remains high, even after pandemic-related emergency measures have ended.
(ReprintedSenate withBill amendmentsNo. adopted on April 24, 2023) FIRST REPRINT S.B.
119119–Committee SENATEon BHealth ILLNand O.Human Services CHAPTER..........
119–COMMITTEE ON H EALTH AND H UMAN SERVICES (O N BEHALF OF THE JOINT NTERIM S TANDING COMMITTEE ON H EALTH AND H UMAN S ERVICES ) F EBRUARY 8, 2023 ____________ Referred to Committee on Health and Human Services SUMMARY—Provides for the continuation of certain requirements governing insurance coverage of telehealth services.
(BDR 57-336) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§§ 1.2, 2) (NOTR EQUESTED AFFECTEDLOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law requires a third-party payer who is not an industrial insurer to cover services provided through telehealth, except for services provided through audio-only interaction, in the same amount as services provided in person or by other means.
(NRS 422.2721, 689A.0463, 689B.0369, 689C.195, 695A.265,rson695A.265, or by 695B.1904, 695C.1708, 695D.216, 695G.162) However, existing law provides for the expiration of the requirement:
(1) as it applies to services other than mental health services, 1 year after the termination of the emergency declared for COVID- 19 or on June 30, 2023, whichever is earlier;
(Proclamation Terminating Declaration of Emergency Related to COVID-19, May 18, 2022) Therefore, the requirement for certain third-party payers to cover services provided through telehealth, except for services provided through audio- only interaction, in the same amount as services provided in person or by other - *SB119_R1* – 2 – means expires:
(1) as it applies to services other than mental health services, on May(Section 20,17 2023;of chapter 479, Statutes of Nevada 2021, at page 3046) Sections 2 and of this bill retain the requirement that a third-party payer who is not an industrial insurer cover services provided through telehealth, except for services provided through audio-only interaction, in the same amount as services provided in person or by other means until July 1, 2023.
and (2) as it applies to mental health services, on June 30, 2023.
(Section 17 of chapter 479, Statutes of Nevada 2021, at page 3046) Sections 2 and insurer cover services provided through telehealth, except for services providedustrial through audio-only interaction, in the same amount as services provided in person or by other means until July 1, 2023.
- 82nd Session (2023) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(1) Are received at an originating site described in 42 U.S.C.
§ 1395m(m)(4)(C) or furnished by a federally-qualifiedfederally-qualified2 health center or a rural health clinic;
(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or - *SB119_R1* – 3 – receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;
- 82nd Session (2023) – 3 – (d) Require covered services to be provided through telehealth as a condition to providing coverage for such services;
or (e) Categorize a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the serviceser[3.] had4.d beenbA providedpolicy inof personhealth orinsurance must not require an insured to obtain prior authorization for any service provided through othertelehealth means.that is not required for the service when provided in person.
[3.] 4.
A policy of health insurance must not require an insured to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person.
[6.] 7.
As used in this section:
- *SB119_R1* – 4 – (e) “Rural health clinic” has the meaning ascribed to it in 42 U.S.C.
A policy of group or blanket health insurance must include coverage for services provided to an insured through telehealth- to82nd theSession same(2023) extent– [and,4 except– for services provided through audio-only interaction, in the same amount] as thoughthoughded provided in person or by other means.
(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to ororith reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
or (2)(d) TheRequire technologycovered usedservices to providebe theprovided through telehealth as a condition to providing coverage for such services;
(d)or Require(e) coveredCategorize servicesa toservice be provided through telehealth asdifferently afor conditionpurposes relating to providing coverage foror suchreimbursement services;than if the service had been provided in person or through other means.
or - *SB119_R1* – 5 – (e) Categorize a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.
A policy of group or blanket health insurance may- require82nd priorSession authorization(2023) for– a5 service– provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.
A policy of group or blanket health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [October] July 1, [2021,] 2023, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal which is in conflict with this sectionsec[6.] is7. void.
[6.]voAs 7.used in this section:
As used in this section:
A health benefit plan must include coverage for services provided to an insured through telehealth to the same extent [and, except for services provided through audio-only interaction, in the same amount] as though provided in person or by other means.means.n, in 2.
Show all 119 changed lines (79 more)
2.
- *SB119_R1* – 6 – (a) If the services:
(2)- Except82nd forSession services(2023) described– in6 paragraph– (b), are not provided through audio-only interaction;
or paragraph (b), are not (b) For counseling or treatment relating to a mental health condition or a substance use disorder, including, without limitation, when such counseling or treatment is provided through audio-only interaction.
(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in sub(c) Refuse to provide the coverage described in subsection 2;1 or the reimbursement described in subsection 2 because of:
(c) Refuse to provide the coverage described in subsection 1 or the reimbursement described in subsection 2 because of:
A health benefit plan may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.
- *SB119_R1* – 7 – (b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care;
or - 82nd Session (2023) – 7 – (c) Enter into a contract with any provider of health care or cover any service if the carrier is not otherwise required by law to do so.
A plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [October] July 1, [2021,] 2023, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.
A benefit contract must provide reimbursement for services described in subsection 1 in the same amount as though provided in person or by other means:
the same amount as though provided (a) If the services:
(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to - *SB119_R1*82nd Session (2023) – 8 – reimbursement described in subsection 2;ection 1 [;] or the (b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
or (e) Categorize a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.means.the [3.] 4.
[3.] 4.
or (c) Enter into a contract with any provider of health care or cover any service if the society is not otherwise required by law to do so.[5.] 6.
[5.] 6.
(c)- “Originating82nd Session (2023) – 9 – NRS 629.515.inating site” has the meaning ascribed to it in [(c)] (d) “Provider of health care” has the meaning ascribed to it in NRS 629.515.439.820.
- *SB119_R1* – 9 – [(c)] (d) “Provider of health care” has the meaning ascribed to it in NRS 439.820.
A contract for hospital, medical or dental services must provide reimbursement for services described in subsection 1 in thethe(a) sameIf amountthe asservices:gh though provided in person or by other means:
(a) If the services:
(a) Require an insured to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to reimbursement described in subsection 2;ection 1 [;] or the (b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(b) Require a provider of health care to demonstrate that it is necessary to provide services to an insured through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(1)- The82nd distantSession site(2023) from– which10 a– provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;
- *SB119_R1* – 10 – (d) Require covered services to be provided through telehealth as a condition to providing coverage for such services;
The provisions of this section do not require a medical dental services corporationto:n that issues contracts for hospital, medical or dental(a) Ensure that covered services to:are available to an insured through telehealth at a particular originating site;
(a) Ensure that covered services are available to an insured through telehealth at a particular originating site;
(a)(b) “Distant“Federally-qualified site”health center” has the meaningmeaningS ascribed to it in NRS 629.515.
(b) “Federally-qualified health center” has the meaning ascribed to it in 42 U.S.C.
[(d)]- (f)82nd “Telehealth”Session has(2023) the– meaning11 ascribed– to it in NRS 629.515.
“Telehealth” has the meaning ascribed to it in Sec.
A health care plan of a health maintenance organization must include coverage for services provided to an enrollee through telehealth to the same extent [and, except for - *SB119_R1* – 11 – services provided through audio-only interaction, in the same amount] as though provided in person or by other means.
and (2) Except for services described in paragraph (b), are not provided through audio-only interaction;
ororparagraph (b), are not (b) For counseling or treatment relating to a mental health condition or a substance use disorder, including, without limitation, when such counseling or treatment is provided through audio-only interaction.
(b) Require a provider of health care to demonstrate that it is necessary to provide services to an enrollee through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage subsection 2;subsection 1 [;] or the reimbursement described in (c) Refuse to provide the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;2 because of:
(c) Refuse to provide the coverage described in subsection 1 or the reimbursement described in subsection 2 because of:
or (e)- Categorize82nd aSession service(2023) provided– through12 telehealth– differently for purposes relating to coverage or reimbursement than if thetheently service had been provided in person or through other means.
Such a health care plan may require prior authorization for a service provided through telehealth - *SB119_R1* – 12 – if such prior authorization would be required if the service were provided in person or by other means.
or (c) Enter into a contract with any provider of health care or coverotherwise anyrequired serviceby iflaw theto healthdo maintenanceso.ntenance organization is not otherwise[5.] required6. by law to do so.
[5.] 6.
(e) “Rural health clinic” has the meaning ascribed to it in 42 U.S.C.U.S[(d)] (f) “Telehealth” has the meaning ascribed to it in NRS 629.515.
§ 1395x(aa)(2).
[(d)] (f) “Telehealth” has the meaning ascribed to it in NRS 629.515.
2.- 82nd Session (2023) – 13 – services described in subsection 1 in the same amount as though provided in person or by other means if the services:
A plan for dental care must provide reimbursement for services described in subsection 1 in the same amount as though provided in person or by other means if the services:
(a) Require a member to establish a relationship in person with a provider of health care or provide any additional consent to or reason for obtaining services through telehealth as a condition to - *SB119_R1* – 13 – providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
(b) Require a provider of health care to demonstrate that it is necessary to provide services to a member through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to providing the coverage subsection 2;subsection 1 [;] or the reimbursement described in (c) Refuse to provide the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;2 because of:
(c) Refuse to provide the coverage described in subsection 1 or the reimbursement described in subsection 2 because of:
A plan for dental care must not require a member to obtain prior authorization for any service provided through telehealth that is not required for the service when provided in person.service provided through telehealth if such prior authorizationfor a would be required if the service were provided in person or by other means.
A plan for dental care may require prior authorization for a service provided through telehealth if such prior authorization would be required if the service were provided in person or by other means.
or - 82nd Session (2023) – 14 – (c) Enter into a contract with any provider of health care or cover any service if the organization for dental care is not otherwise required by law to do so.
A plan for dental care subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after [October] July 1, [2021,] 2023, has the legal effect of including the coverage required by this section, and any provision of the plan or the renewal which is in conflict with this section is void.
- *SB119_R1* – 14 – (c) “Originating site” has the meaning ascribed to it in NRS 629.515.
2.for group coverage must provide reimbursement for serviceszation described in subsection 1 in the same amount as though provided in person or by other means:
A health care plan issued by a managed care organization for group coverage must provide reimbursement for services described in subsection 1 in the same amount as though provided in person or by other means:
(a)- Require82nd anSession insured(2023) to– establish15 a– relationship in person with a provider of health care or provide any additional consent to ororith reason for obtaining services through telehealth as a condition to providing the coverage described in subsection 1 [;] or the reimbursement described in subsection 2;
- *SB119_R1* – 15 – (1) The distant site from which a provider of health care provides services through telehealth or the originating site at which an insured receives services through telehealth;
(d) Require covered services to be provided through telehealth as a condition to providing coverage for such services;
ororehealth (e) Categorize a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.
(b) Provide coverage for a service that is not a covered service or that is not provided by a covered provider of health care;
ororice (c) Enter into a contract with any provider of health care or cover any service if the managed care organization is not otherwise required by law to do so.
[6.]- 7.82nd Session (2023) – 16 – (a) “Distant site” has the meaning ascribed to it in NRS 629.515.
As used in this section:
(a) “Distant site” has the meaning ascribed to it in NRS 629.515.
- *SB119_R1* – 16 – (a) A requirement that the State [, and, to the extent applicable, any of its political subdivisions,] shall pay for the nonfederal share of expenses for services provided to a person through telehealth to the same extent and, except for services provided through audio- to only interaction, in the same amount as though provided in person or by other means;
or (2) For counseling or treatment relating to a mental health condition or a substance use disorder, including, without limitation, when such counseling or treatment is provided through audio-onlyaud(c) interaction;A provision prohibiting the State from:
and (c) A provision prohibiting the State from:
The State Plan for Medicaid may require prior authorization for a service provided through- telehealth82nd ifSession such(2023) prior– authorization17 would– be required if the service were provided in person or through other means.means.uired if (2) Requiring a provider of health care to demonstrate that it is necessary to provide services to a person through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to paying for services as described in paragraph (a) [.] or (b).
(2) Requiring a provider of health care to demonstrate that it is necessary to provide services to a person through telehealth or receive any additional type of certification or license to provide services through telehealth as a condition to paying for services as described in paragraph (a) [.] or (b).
- *SB119_R1* – 17 – (5) Categorizing a service provided through telehealth differently for purposes relating to coverage or reimbursement than if the service had been provided in person or through other means.means.n 2.
2.
(c)NRS “Originating629.515.inating site” has the meaning ascribed to it in [(c)] (d) “Provider of health care” has the meaning ascribed to it in NRS 629.515.439.820.
[(c)] (d) “Provider of health care” has the meaning ascribed to it in NRS 439.820.
- 82nd Session (2023) – 18 – Sec.
[Sections 4.3, 9.3, 10.3, 11.3, 12.3, 13.3, 14.3 and 16.1 of this act become effective 1 year after the date on which the Governor terminates the emergency described ininon the Declaration of Emergency for COVID-19 issued on March 12, 2020, only if the Governor terminates that emergency before July 1, 2022.
Sections 4.6, 9.6, 10.6, 11.6, 12.6, 13.6, 14.6 and 16.2 of this act become effective on July 1, 2023, only if the Governor terminates the emergency described in the - *SB119_R1* – 18 – Declaration of Emergency for COVID-19 issued on March 12, 2020, before July 1, 2022.
5.] Sections 4.9, 9.9, 10.9, 11.9, 12.9, 13.9, 14.9 and 16.3 of this act become effective on June 30, 2023, only if the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued ontheon March 12, 2020, on or after July 1, 2022.
H~~~~~ 23 - *SB119_R1*82nd Session (2023)
Show all 119 changed rows (79 more)
View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 51.
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Enrolled and delivered to Governor.
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In Senate. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 41, Nays: None, Excused: 1.) To Senate.
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Read second time.
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From committee: Do pass.
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In Assembly. Read first time. Referred to Committee on Health and Human Services. To committee.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 231.) To printer.
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From printer. To committee.
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Read first time. Referred to Committee on Health and Human Services. To printer.
Sponsors
- Senate Committee on Health and Human Services · Primary
Sponsorship breakdown
Export CSV (upgrade) →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.
Subjects
Frequently asked questions
- Who sponsors SB 119?
- SB 119 is sponsored by Senate Committee on Health and Human Services.
- What is the current status of SB 119?
- This bill has been enacted into law. Introduced February 08, 2023. Enacted.
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- Track SB 119 free on One Click Politics — get push/email alerts when it moves.
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