AB 448 — Revises provisions relating to insurance for vision care. (BDR 57-983)
Last action — Chapter 316.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 17, 2025. Enacted.
Signed by Governor Joe Lombardo (Republican) on June 05, 2025.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
595 added · 967 removed595 line(s) added, 967 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on April 18, 2025) FIRST REPRINT A.B.
448448–Assemblymember ASSEMBLYKoenig BILLCHAPTER.......... NO .
448–ASSEMBLYMEMBER K OENIG M ARCH 17, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to insurance for vision care.
(BDR 57-983) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
(OTCREQUESTED BAFFECTELOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
establishing various requirements relating to visionproviders benefitof managersvision insurance and providers of vision care;
revising provisions relating to certain contracts between ana insurerprovider of vision insurance and a provider of vision care;
prohibiting certain conduct of a visionprovider benefitof managervision insurance or provider of vision care which would constitute an unfair or deceptive trade practice in the business of insurance;
authorizing a provider of vision care to bring a civil action against a vision benefit manager under certain circumstances;
personFinally, anexisting ownershiplaw orrequires pecuniarya interestprovider of thevision providercare into adisclose supplierto ofyany covered ophthalmic devices or materials before the covered person authorizes the provider -to *AB448_R1*obtain –covered 2eyewear –materials Existingfrom lawsuch authorizes the Commissioner of Insurance to investigate a violationsupplier. of and enforce those provisions as an unfair or deceptive trade practice.
(NRS 686A.020,686A.135) 686A.160,Existing 686A.170,law 686A.183)authorizes Sectionsthe 2-25,Commissioner 27-34 and 37 of thisInsurance billto reviseinvestigate provisionsa violation of existing law governing vision care and setenforce forththose variousprovisions additionalas requirementsan andunfair restrictionsor governingdeceptive visiontrade benefitpractice. managers.
Section(NRS 15686A.020, defines686A.160, “vision686A.170, benefit686A.183) manager”Sections to2, mean5-7, a9, person,11, including,13.5, without14, limitation,16, an17, insurer,28, third-party30, administrator34.5 orand subcontractor,37 thatof creates,this promotes,bill sells,revise provides,provisions operates,of advertisesexisting orlaw “visiongoverning benefit plan” to mean a policy, contract, certificate or agreement offered by a vision benefitcare managerand toset provideforth for,various deliverdefinitions, paymentadditional for,requirements arrangeand forrestrictions thegoverning paymentproviders of, pay for or reimburse any of the costs of vision care.insurance.
Section 13.5 defines “provider of vision insurance” to mean a person, including, advertises or administers a vision benefit plan or vision benefit discount plan., Section 16 defines “vision benefit plan” to mean a policy, contract, certificate or agreement offered by a provider of vision insurance to provide for, deliver payment for, arrange for the payment of, pay for or reimburse any of the costs of vision care.
Section 14 defines “vision benefit discount plan” to mean a policy, contract, certificate or agreement offered by a visionprovider benefitof managervision insurance to an enrollee that solely provides for a discount for covered services or covered materials.
Becausevision aninsurance, insurersection that37 providesrevises athe visionprovisions benefitof planexisting constituteslaw asetting visionforth of certain prohibitions on insurers with respect to vision care to replace references to an insurer with references to a visionprovider benefitof manager.vision insurance.
Section- 3783rd additionallySession (2025) – 2 – Section 30 prohibits a provider of vision insurance that offers more than one vision benefit managerplan from:or vision benefit discount plan from conditioning the participation of a provider of vision care in one plan on his or her participation in anySection 34.5 provides that a vision benefit plan, a vision benefit discount plan or a contract between a provider of vision insurance and a provider of vision care that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the provisions required by sections 2-34.5 and 37.
(1)Section requiring28 prohibits certain actions of a provider of vision careinsurance relating to usecerSections a35, specific36 sourceand or38-43 supplierof forthis bill make provisions of existing law which are generally applicable to certain materials,unfair includingor ophthalmicdeceptive devices;trade practices in the business of insurance specifically applicable to the provisions of sections 2-34.5.
andSections (2)43.5-47 payingof reimbursementthis tobill aprovide providerthat ofcertain entities that provide coverage for vision carecare, whichincluding islocal notgovernments reasonable.and the Public Employees’ Benefits Program, are subject to the provisions of sections 2-34.5.
SectionEXPLANATION 18– prohibitsMatter ain visionbolded benefititalics manageris fromnew; limiting the reimbursement or choice of a provider of vision care for services or materials which are not covered by a plan.
Sectionsmatter 19, 20, 25 and 30-32 prohibit certain provisions in a care.act or agreement between abrackets vision[omitted benefitmaterial] manageris andmaterial ato providerbe ofomitted. vision Section 21 prohibits a vision benefit manager from falsely representing the number of participating providers of vision care or the benefits that compose a plan.
Section 22 prohibits a vision benefit manager from engaging in certain marketing or advertising activities.
Section 23 prohibits a vision benefit manager from retroactively reversing a reimbursement to a provider of vision care if the provider relied in good faith on certain information at the time of service.
Section 24 authorizes a provider of vision care to offer a cash price option for certain services and materials under certain circumstances.
Section 27 establishes procedures for provider of vision care.a contract between a vision benefit manager and a Sections 28 and 29 prohibit certain actions of a vision benefit manager relating to certain business practices, billing practices, audit practices and receiving personal or confidential information of an enrollee.
Section 34 authorizes a provider of vision care who is adversely affected by certain violations by a vision benefit manager to bring a civil action to recover his or her actual damages, punitive damages and other equitable relief.
Section 33 makes the provisions of this bill which are applicable to a vision benefit manager equally applicable to any affiliate or subcontractor that a vision benefit manager uses or enters into a contract which are applicable to contracts between a provider of vision care and a visions bill benefit manager equally applicable to certain other agreements.
Sections 35, 36 and 38-43 of this bill make provisions of existing law which are generally applicable to certain unfair or deceptive trade practices in the business of insurance specifically applicable to the provisions of sections 2-25 and 27-34.
- *AB448_R1* – 3 – Sections 44-47 of this bill provide that certain entities that provide coverage for Program, are subject to the provisions of sections 2-25 and 27-34.
Benefits Sections 3-17 define certain words and terms for the purposes of this bill.
Chapter 686A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 34,34.5, inclusive, of this act.
As used in NRS 686A.135 and sections 2 to 34,34.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 17, inclusive, of this act have the meanings ascribed to them in those sections.
Sec.Secs.
3.3 and 4.
“Chargeback”(Deleted meansby aamendment.) dollarSec. amount, fee, surcharge, rebate or item of value that reduces, modifies or offsets all or part of the:
1.
Show all 312 changed lines (272 more)
Amount that an enrollee is required to pay for a covered service or covered material;
2.
Amount for which a provider of vision care will be reimbursed for a covered service or covered material;
3.
Maximum amount a vision benefit manager will pay for a covered service or covered material;
or 4.
The fee for a covered service or covered material, as set forth on a schedule of fees established by a vision benefit manager.
Sec.
4.
“Contractual discount” means a percentage reduction from the usual and customary rate of a provider of vision care for covered services and covered materials required under an agreement between a provider of vision care and a vision benefit manager.
Sec.
Reimbursement from a visionprovider benefitof managervision insurance is provided to a provider of vision care by a vision benefit plan of an enrollee, or for which a reimbursement would be available but for the application of the contractual limitations on deductibles, copayments or coinsurance applicable for the enrollee, regardless of how the materials are listed or described in the definition of benefits in a vision benefit plan of an enrollee;
- *AB448_R1* – 4 – 1.
Reimbursement from a visionprovider benefitof managervision insurance is provided to a provider of vision care by a vision benefit plan of an enrollee, or for which a reimbursement would be available but for the application of the contractual plan limitations of deductibles, copayments- or83rd coinsurance,Session regardless(2025) of– how3 the– services are listed or described in the definition of benefits in a vision benefit plan of an enrollee;
“Extrapolation”(Deleted means a mathematical formula, process or technique used by aamendment.) visionSec. benefit manager or the agent of a vision benefit manager in the audit of a provider of vision care to estimate the audit results or findings for a larger batch or group of claims not reviewed by the vision benefit manager.
Sec.
“Materials” means ophthalmic devices, including, without limitation, lenses, devices containing lenses, artificial intraocular lenses, ophthalmic frames and other lens mounting apparatuses, prisms, lens treatments and coatings, contact lenses, low vision devices, vision therapy devices and prosthetic devices, used to correct, relieve or treat defects or abnormal conditions of the human eye or its adnexa, or any other material authorized for use in chapter 636 of NRS and any regulations adopted pursuantpursuantfor thereto.
“Participating(Deleted providerby ofamendment.) visionSec. care” means a provider of vision care that has entered into a contractual agreement or other business relationship with a vision benefit manager to provide covered services or covered materials.
Sec.
Secs.
12 and 13.
(Deleted by amendment.) Sec.
13.5.
“Provider of vision insurance” means a person, including, without limitation, an insurer, who creates, promotes, sells, provides, operates, advertises or administers a vision benefit plan or vision benefit discount plan.
12.
“Subcontractor” means a person, including, without limitation, an agent, servant, broker, wholesaler, distributor, partially or wholly owned subsidiary or controlled organization of a vision benefit manager, that is contracted by a vision benefit manager to supply covered services or covered materials to another vision benefit manager, provider of vision care or enrollee to execute or fulfill the vision benefit plan or vision benefit discount plan of the vision benefit manager.
Sec.
13.
“Third-party administrator” means a person that provides services, including, without limitation, administrative, operational, regulatory, human resource, compliance and claim - *AB448_R1* – 5 – adjudication services, for a vision benefit manager under a contract or agreement with the vision benefit manager.
Sec.
“Vision benefit discount plan” means a policy, contract, certificate or agreement offered by a visionprovider benefitof managervision insurance to an enrollee that solely provides for a discount for covered services or covered materials.
“Vision(Deleted benefitby manager”amendment.) meanscertificate or agreement offered by a person,provider including,of withoutvision limitation,insurance anto insurer,provide third-partyfor, administratordeliver orpayment subcontractor,for, thatarrange creates,for promotes,the sells,payment provides,of, operates,pay advertisesfor or administersreimburse aany visionof benefitthe plancosts orof vision benefitcare. discount plan.
Sec.
16.
1.
“Vision benefit plan” means a policy, contract, certificate or agreement offered by a vision benefit manager to provide for, deliver payment for, arrange for the payment of, pay for or reimburse any of the costs of vision care.
- 83rd Session (2025) – 4 – (b) A health benefit plan, as defined in NRS 695G.019, that provides coverage for vision care.
18.
A vision benefit manager shall not:
1.
Mandate or otherwise condition reimbursement or participation in a vision benefit plan or vision benefit discount plan on terms relating to the pricing for services or materials that are not covered services or covered materials;
or 2.
Influence or limit the choice of an enrollee as to a provider of vision care for services or materials that are not covered services or covered materials.
Sec.
19.
A contract between a vision benefit manager and a provider of vision care must not contain any provision which requires the provider of vision care to:
1.
Provide covered services or covered materials to an enrollee at a financial loss, taking into account any applicable discounts and chargebacks.
2.
Accept a reimbursement payment in the form of a credit card or any other payment method which requires a fee for processing or administration or a percentage or dollar amount which is assessed against the provider of vision care in order to receive the payment.
- *AB448_R1* – 6 – 3.
Share equally the expenses of any arbitration, except that each party to an arbitration may bear its own costs subject to a fee-shifting provision for a prevailing party.
4.
Establish a security interest in all or part of the assets of the provider of vision care in the event of a termination described in subsection 6 of section 27 of this act.
Sec.
20.
1.
Except as otherwise provided in subsection 2, the period prescribed by a contract between any vision benefit manager and a provider of vision care for the vision benefit manager to recover any reimbursement amount from the provider of vision care must be the same period allowed or required for the vision benefit manager to remit the applicable reimbursement after the submission by a provider of vision care of a claim for covered services rendered or covered materials furnished that does not contain any defects or other issues that would delay the remittance.
2.
The provisions of subsection 1 must not be construed to limit the ability of a vision benefit manager to conduct an audit of claims, in accordance with the written policies of the vision benefit manager and applicable law, in the event that the vision benefit manager has a reasonable belief that the provider of vision care has engaged in fraud, waste or abuse.
Sec.
21.
A vision benefit manager shall not falsely represent the number of participating providers of vision care within a particular region or the benefits that compose a vision benefit plan or vision benefit discount plan.
Sec.
22.
A vision benefit manager shall not:
1.
Promote or use in any marketing or advertising to a client, purchaser, company, enrollee or prospective enrollee any statement that a covered service or covered material is free, no charge or complimentary or that uses any other materially similar language.
2.
Offer an enrollee a varying deductible, copay, coinsurance, coverage amount, rebate, gift card or other incentive to obtain covered services, covered materials or other services or materials at:
(a) Any particular participating provider of vision care;
(b) A retail establishment owned by, partially owned by, contracted with or otherwise affiliated with the vision benefit manager;
or (c) Any provider of vision care accessed primarily through an Internet website or other virtual means that is owned by, partially owned by, contracted with or otherwise affiliated with the vision benefit manager.
- *AB448_R1* – 7 – 3.
Engage in marketing or advertising activities that may be misleading or deceptive to the public.
Upon request by an applicable enforcement agency, a vision benefit manager shall submit all information regarding alleged savings and discounts offered by any affiliate of the vision benefit manager.
Sec.
23.
A vision benefit manager:
1.
Shall reimburse a provider of vision care the contracted amount for a covered service or covered material provided to an enrollee if the provider of vision care verifies the enrollee as eligible to receive the covered service or covered material on the date of service through the customary methods of verification of the vision benefit manager.
2.
Shall not retroactively reverse reimbursement to a provider of vision care who relied in good faith on the presented coverage credentials of a person and the customary methods of verification of the vision benefit manager at the time of service, even if the vision benefit manager determines at a later date that the enrollee was ineligible to receive covered services or covered materials on the date of service.
Sec.
24.
1.
A provider of vision care may offer an enrollee a cash price option for covered services and covered materials instead of using the benefit of the enrollee if the cash price option is an amount which is less than the total out-of-pocket cost for the service or material.
2.
A provider of vision care must not be subject to an audit solely for offering a cash price option for covered services and covered materials pursuant to subsection 1.
Sec.
25.
1.
An agreement between a vision benefit manager and a provider of vision care must not require that a provider of vision care participate in or be credentialed by any specific vision benefit plan or vision benefit discount plan as a condition for participation in the provider network of the vision benefit manager to provide covered services or covered materials to enrollees.
2.
A vision benefit manager shall not require a provider of vision care to possess, offer for sale or sell materials in the office of the provider of vision care as a condition of participation in a provider network.
3.
A vision benefit manager shall:
(a) Apply the same terms and conditions of participation to all the participating providers of vision care regardless of the educational credentials of the provider of vision care, subject to the permitted scope of practice for any licensee under applicable state law;
and (b) Identify participating providers of vision care in a neutral manner, which does not distinguish between participating - *AB448_R1* – 8 – providers of vision care based on any of the following characteristics:
(1) A discount or incentive offered by the provider of vision care for services and materials which are not covered by the vision benefit plan or vision benefit discount plan of the vision benefit manager.
(2) The dollar amount, volume amount or percent usage amount of any material or good which is purchased by the provider of vision care.
(3) The brand, source, manufacturer or supplier of a covered service or covered material used or provided by the provider of vision care.
Sec.
26.
(Deleted by amendment.) Sec.
27.
1.
A vision benefit manager shall not change or alter a contract, including, without limitation, a term, reimbursement rate or fee schedule contained in a contract, that the vision benefit manager enters into with a participating provider of vision care unless, at least 90 days before the date on which the proposed change would become effective:
(a) The vision benefit manager:
(1) Sends to the provider of vision care by certified mail, return receipt requested, or any other mailing process that requires a signature on delivery, or a method of electronic communication which requires an electronic signature:
(I) A detailed written description of the proposed change;
and (II) A copy of the contract with the proposed change clearly marked in the body of the contract, in a form that is easily understood and conducive to review by the provider of vision care;
and (2) Upon request of the provider of vision care, meets with the provider of vision care to discuss the proposed change in person, by telephone or by other audiovisual or electronic means;
and (b) The provider of vision care agrees, in writing, to the proposed change.
2.
If a provider of vision care does not agree to the change or alteration to a contract which is proposed pursuant to subsection 1, the provider of vision care shall provide notice of that fact to the vision benefit manager in writing.
3.
A vision benefit manager shall not remove a provider of vision care from the network of participating providers of vision care included under a vision benefit plan or vision benefit discount plan solely because the provider of vision care does not - *AB448_R1* – 9 – agree to any change or alteration to a contract which is proposed pursuant to subsection 1.
4.
A vision benefit manager and a provider of vision care must execute a new contract if the parties to the contract make three or more material changes or alterations pursuant to subsection 1.
5.
A vision benefit manager shall not terminate a contract described in this section except in the event of a material breach by the provider of vision care.
In the event of an alleged material breach:
(a) The vision benefit manager shall provide written notice to the provider of vision care which describes the alleged breach;
and (b) The provider has 30 days after the date on which the provider receives the written notice to remedy the alleged breach to the reasonable satisfaction of the insurer or vision benefit manager.
6.
If a vision benefit manager terminates a contract pursuant to subsection 5, the vision benefit manager shall not require the provider of vision care to establish a security interest in all or part of the property and assets of the provider, including assets pertaining to the practice of the provider, in an amount equal to any money which is owed to the vision benefit manager at the time of termination.
Sec.
A visionprovider benefitof managervision insurance shall not directly or indirectly:
(d) RetailMembership opticalin affiliation.a professional trade association.
(e) VisionSoftware supportfor organization.management of the practice of the provider of electronic health or medical records.ation, for maintenance of (f) Services for billing, filing third-party claims or securely exchanging electronic business documents.
- *AB448_R1* – 10 – (f) Organization for group purchasing.
(g) Doctor alliance.
(h) Membership in a professional trade association.
(i) Software for management of the practice of the provider of vision care, including, without limitation, for maintenance of electronic health or medical records.
(j) Services for billing, filing third-party claims or securely exchanging electronic business documents.
5.
Restrict, limit or influence the choice of a provider of vision care of the software or services described in paragraph (i) or (j) of subsection 4.
6.
Restrict or limit the access of a provider of vision care to complete information concerning the coverage provided by the vision benefit plan or vision benefit discount plan of an enrollee, including, without limitation, details for coverage which is in- network and out-of-network.
7.
Apply a chargeback to an enrollee or provider of vision care if the chargeback is for a covered material or covered service for which the vision benefit manager does not incur the cost to produce, deliver or provide to the enrollee or provider of vision care.
8.
Require a provider of vision care to:
(a) Disclose any confidential or protected health information of an enrollee, unless expressly authorized by the enrollee or permitted under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended.
(b) Disclose or report a medical history or diagnosis as a condition to file a claim, adjudicate a claim or receive reimbursement for a routine or wellness eye examination.
(c) Disclose or report the glasses prescription, contact lens prescription, ophthalmic device measurements, facial photograph or unique anatomical measurements of an enrollee as a condition to file a claim, adjudicate a claim or receive reimbursement for a claim, unless the information is needed for the vision benefit manager to manufacture or cause to be manufactured a covered material that is submitted on the applicable claim.
(d) Disclose any information relating to an enrollee, other than information identified on the most recent version of Form CMS-1500, or its successor form, published by the National Uniform Claim Committee, or its successor organization, and approved by the Commissioner, as a condition to file a claim, adjudicate a claim or receive reimbursement for a claim unless the information is needed for the vision benefit manager to manufacture or cause to be manufactured a covered material that is submitted on the applicable claim.
- *AB448_R1* – 11 – Sec.
29.
1.
A vision benefit manager shall not use extrapolation to complete an audit of a participating provider of vision care.
2.
Any additional payment due to a participating provider of vision care or any refund due to the vision benefit manager must be based on the actual overpayment or underpayment and not an extrapolation.
3.
For the purpose of subsection 2, actual overpayment or underpayment must be determined after:
(a) An investigation conducted and findings made by the vision benefit manager;
and (b) The participating provider of vision care has been afforded and has exhausted all opportunities to appeal the findings of the vision benefit manager in accordance with any manual provided by the vision benefit manager to the provider of vision care, any policies of the vision benefit manager and applicable law.
29.
(Deleted by amendment.) Sec.
1.A provider of vision insurance that offers more than one vision benefit plan or vision benefit discount plan shall not require a provider of vision care, as a condition of participation in a vision benefit plan or vision benefit discount plan, to participate in any of the other vision benefit plans or vision benefit discount plans of the provider of vision insurance.
ASecs. vision benefit manager that offers more than one vision benefit plan or vision benefit discount plan shall not require a provider of vision care, as a condition of participation in a vision benefit plan or vision benefit discount plan, to participate in any of the other vision benefit plans or vision benefit discount plans of the vision benefit manager.
2.31-34.
In(Deleted addition to any other remedy provided by law,amendment.) anySec. provision in a contract which violates subsection 1 is void and unenforceable.
34.5.
A vision benefit plan, a vision benefit discount plan or a contract between a provider of vision insurance and a provider of vision care that is subject to the provisions of this chapter and that is delivered, issued for delivery or renewed on or - 83rd Session (2025) – 5 – after January 1, 2026, has the legal effect of including the provisions required by NRS 686A.135 and sections 2 to 34.5, inclusive, of this act.
31.
1.
A contract between a vision benefit manager and a provider of vision care must not have a duration longer than 2 years from the date the contract was signed by all parties.
2.
A vision benefit manager shall not construe recredentialing as recontracting with a participating provider of vision care.
A contract between a vision benefit manager and a provider of vision care must be a distinctly separate document from any credentialing materials and must be signed by the provider of vision care and the vision benefit manager.
3.
A vision benefit manager shall include a copy of any manual and any policies referred to in a contract between a vision benefit manager and a provider of vision care at the time the contract is sent to any participating provider of vision care and prospective participating provider of vision care.
Sec.
32.
A vision benefit manager shall not engage in negotiations or enter into an agreement with any person on behalf of any independent affiliated provider of vision care regarding reimbursement, copayments, coinsurance or materials supply chain.
Any agreement between a provider of vision care and a - *AB448_R1* – 12 – vision benefit manager must be negotiated directly between the provider of vision care and the vision benefit manager.
Sec.
33.
1.
Any affiliate or subcontractor who is used by a vision benefit manager to supply covered services or covered materials to a provider of vision care or enrollee is subject to the provisions of NRS 686A.135 and sections 2 to 34, inclusive, of this act to the same extent as a vision benefit manager.
2.
The following agreements are subject to the provisions of NRS 686A.135 and sections 2 to 34, inclusive, of this act to the same extent as a contract between a provider of vision care and a vision benefit manager:
(a) Any subcontract or agreement that a provider of vision care enters into with another provider of vision care to provide vision care to an enrollee or a covered dependent of an enrollee of a vision benefit plan or vision benefit discount plan, where the subcontracted provider of vision care will seek reimbursement from the plan or enrollee for the subcontracted materials or services.
(b) Any agreement a vision benefit manager enters into with another person to provide an enrollee with covered services or covered materials.
Sec.
34.
In addition to any other remedy provided by law, any provider of vision care who is aggrieved by a violation of NRS 686A.135 and sections 2 to 34, inclusive, of this act may bring a civil action in a court of competent jurisdiction to seek any or all of the following relief:
1.
Declaratory and injunctive relief.
2.
Actual damages.
3.
Punitive or exemplary damages in an amount not to exceed $10,000 for each violation.
4.
Reasonable attorney’s fees and costs.
5.
Any other legal or equitable relief that the court deems appropriate.
Sec.
686A.010 The purpose of NRS 686A.010 to 686A.310, inclusive, and sections 2 to 34,34.5, inclusive, of this act is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress approved March 9, 1945, being c.
686A.020 A person shall not engage in this state in any practice which is defined in NRS 686A.010 to 686A.310, inclusive, and sections 2 to 34,34.5, inclusive, of this act as, or determined - *AB448_R1* – 13 – pursuant to NRS 686A.170 to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
[An insurer] A visionprovider benefitof managervision insurance shall not enter into a contract with a provider of vision care that:
(a) Authorizes the [insurer] visionprovider benefitof managervision insurance to set or limit the amount that the provider of vision care may charge for vision care that is not reimbursed under the contract;
or (c) RequiresConditions theany providerrate of reimbursement for vision care toon usethe ain specificwhich sourcethe or[insurer] supplierprovider of coveredvision insurance has an] materials ownership or other materials;pecuniary interest or increases the rate of reimbursement if the provider of vision care prescribes such [ophthalmic devices or] materials.
or (d) Conditions any rate of reimbursement for vision care on the provider of vision care prescribing [ophthalmic devices or] materials in which the [insurer] vision benefit manager has an ownership or other pecuniary interest or increases the rate of reimbursement if the provider of vision care prescribes such [ophthalmic devices or] materials.
ReimbursementBefore whichentering isinto paida bycontract with a visionprovider benefitof managervision care to ainclude the provider of vision care forin coveredthe servicesnetwork andof covered[an materials,insurer,] regardlessa provider of vision insurance, the supplier[insurer] orprovider opticalof laboratoryvision used,insurance must beprovide reasonableto andthe notprovider nominalof orvision decare minimis.a list of the rates of reimbursement for each service covered by the contract.
Before[An enteringinsurer] intoA aprovider contractof withvision ainsurance providershall disclose in any [policy of visioninsurance carethat tocovers] includevision the[care] providerbenefit ofplan or vision carebenefit indiscount theplan networkor any description of [anbenefits insurer,]covered by such a vision[policy,] benefitplan, manager,whether thewritten [insurer]or visionelectronic, benefitany managerownership mustor provideother topecuniary interest of the [insurer] provider of vision careinsurance in a listsupplier of the[ophthalmic ratesdevices ofor] reimbursementmaterials for- each83rd serviceSession covered(2025) by– the6 contract.– or a provider of vision care.
[3.
An insurer] 4.
A vision benefit manager shall disclose in any [policy of insurance that covers] vision [care] benefit plan or vision benefit discount plan or any description of benefits covered by such a [policy,] plan, whether written or electronic, any ownership or other pecuniary interest of the [insurer] vision benefit manager in a supplier of [ophthalmic devices or] materials or a provider of vision care.
[4.4.
An[An insurer] 5.A provider of vision insurance that does not provide reimbursement for specific vision care shall not claim in vision benefit insurance covers that vision care if such vision care is available at a discount or with a copayment or coinsurance in an amount that is in addition to the copayment or coinsurance that [a covered person] an enrollee is typically required to pay for covered services.
A5. vision benefit manager that does not provide reimbursement for specific vision care shall not claim in any advertisement or other material that the [insurer] vision benefit manager covers that vision care if such vision care is available at a discount or with a copayment or coinsurance in an amount that is in addition to the copayment or coinsurance that [a covered person] an enrollee is typically required to pay for covered services.
-A *AB448_R1*provider –of 14vision –care [5.]shall 6.disclose in writing to any [covered person] enrollee under a [policy of insurance that covers] vision [care] benefit plan or vision benefit discount plan any ownership or other pecuniary interest of the provider of vision care in a supplier of [ophthalmic devices or] materials, including, without limitation, a general disclosure of any rebates or rewards programs, before the [covered person] enrollee authorizes the provider of vision care to obtain covered [eyewear] materials from such a supplier or laboratory that is not contracted with the [insurer] provider of vision insurance providing the [policy of insurance that covers] vision [care.] benefit plan or vision benefit discount plan.
A provider of vision care shall disclose in writing to any [covered person] enrollee under a [policy of insurance that covers] vision [care] benefit plan or vision benefit discount plan any ownership or other pecuniary interest of the provider of vision care in a supplier of [ophthalmic devices or] materials, including, without limitation, a general disclosure of any rebates or rewards programs, before the [covered person] enrollee authorizes the provider of vision care to obtain covered [eyewear] materials from such a supplier or laboratory that is not contracted with the [insurer] vision benefit manager providing the [policy of insurance that covers] vision [care.] benefit plan or vision benefit discount plan.
[6.]6. 7.
(a)vision “Providercare ofor visionan care”optometrist.e” means a physician who provides vision(b) care“Vision orcare” anmeans: optometrist.
(b) “Vision care” means:
686A.160 If the Commissioner has cause to believe that any person has been engaged or is engaging, in this state, in any unfair method of competition or any unfair or deceptive act or practice prohibited by NRS 686A.010 to 686A.310, inclusive, and sections 2 to- 34,83rd inclusive,Session of(2025) this– act7 and– that a proceeding by the Commissioner in respect thereto would be in the interest of the public, the Commissioner may issue and serve upon such person a statement of the charges and a notice of the hearing to be held thereon.
If the Commissioner believes that any person engaged in the insurance business is in the conduct of such business engaging in this state in any method of competition or in any act or - *AB448_R1* – 15 – practice not defined in NRS 686A.010 to 686A.310, inclusive, and sections 2 to 34,34.5, inclusive, of this act which is unfair or deceptive and that a proceeding by the Commissioner in respect thereto would be in the public interest, the Commissioner shall, after a hearing of which notice and of the charges against such person are given to the person, make a written report of the findings of fact relative to such charges and serve a copy thereof upon such person and anyanyative to such intervener at the hearing.
If such report charges a violation of NRS 686A.010 to 686A.310, inclusive, and sections 2 to 34,34.5, inclusive, of this act, and if such method of competition, act or practice has not been discontinued, the Commissioner may, through the Attorney General, at any time after 20 days after the service of such report cause an action to be instituted in the district court of the county wherein the person resides or has his or her principal place of business to enjoin and restrain such person from engaging in such method, act or practice.
but the State of Nevada shall not be required to give security before the issuance of any such order or injunction under this section.
and - 83rd Session (2025) – 8 – (c) The findings of the Commissioner are supported by the weight of the evidence, it shall issue its order enjoining and restraining the continuance of such method of competition, act or practice.
4.or decree of court in a like manner as provided for appeals in civil cases.
Either party may appeal from such final judgment or order or decree of court in a like manner as provided for appeals in civil cases.
If the Commissioner’s report made under subsection 1 or order on hearing made under NRS 679B.360 does not charge a violation of NRS 686A.010 to 686A.310, inclusive, and sections 2 to 34,34.5, inclusive, of this act, then any intervener in the proceedings may appeal therefrom within the time and in the manner provided in this Code for appeals from the Commissioner generally.
- *AB448_R1* – 16 – 6.
If the Commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice in violation of NRS 686A.010 to 686A.310, inclusive, and sections 2 to 34,34.5, inclusive, of this act, the Commissioner shall order the person to cease and desist from engaging in that method of competition, act or practice, and may order one or both of the following:
(a) If the person knew or reasonably should have known that he or she was in violation of NRS 686A.010 to 686A.310, inclusive, and sections 2 to 34,34.5, inclusive, of this act, payment of anane, administrative fine of not more than $5,000 for each act or violation, except that as to licensed agents, brokers, solicitors and adjusters, the administrative fine must not exceed $500 for each act or violation.
(b) Suspension or revocation of the person’s license if the person knew or reasonably should have known that he or she was in violation of NRS 686A.010 to 686A.310, inclusive [.] , and sections 2 to 34,34.5, inclusive, of this act.
Until the expiration of the time allowed for taking an appeal, pursuant to NRS 679B.370, if no petition for review has been filed within that time, or, if a petition for review has been filed within that time, until the official record in the proceeding has been filed with the court, the Commissioner may, at any time, upon such notice and in such manner as the Commissioner deems proper, modify or set - 83rd Session (2025) – 9 – aside, in whole or in part, any order issued by him or her under this section.
After the expiration of the time allowed for taking an appeal, if no petition for review has been filed, the Commissioner may at any time, after notice and opportunity for hearing, reopen and alter, modify or set aside, in whole or in part, any order issued by him oror, her under this section whenever in the opinion of the Commissioner conditions of fact or of law have so changed as to require such action or if the public interest so requires.
The provisions of NRS 683A.341, 683A.451, 683A.461 and 686A.010 to 686A.310, inclusive, and sections 2 to 34,34.5, inclusive, of this act apply to companies.
- *AB448_R1* – 17 – 2.
The provisions of NRS 683A.341, 683A.451, 683A.461 and 686A.010 to 686A.310, inclusive, and sections 2 to 34,34.5, inclusive, of this act apply to agents and sellers.
Unless the context requires that a provision apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “seller.” 4.holders of a seller’s certificate of authority.
The provisions of NRS 683A.301 apply to applicants for and holders of a seller’s certificate of authority.
The provisions of NRS 683A.341, 683A.451, 683A.461 and 686A.010 to 686A.310, inclusive, and sections 2 to 34,34.5, inclusive, of this act apply to agents and sellers.
For the purposes of subsection 1, unless the context requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “agent” and “seller.” - 83rd Session (2025) – 10 – 3.
Unless the context requires that a provision apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “seller.” 4.holders of a seller’s permit.
The provisions of NRS 683A.301 apply to applicants for and holders of a seller’s permit.
and (b) A “licensee” must be replaced by a reference to a “holder of a seller’s permit.” - *AB448_R1* – 18 – Sec.
43.5.
NRS 695B.320 is hereby amended to read as follows:
695B.320 1.
Nonprofit hospital and medical or dental service corporations are subject to the provisions of this chapter, and to the provisions of chapters 679A and 679B of NRS, subsections 2, 4, 17, and 30 of NRS 680B.010, NRS 680B.025 to 680B.060, inclusive, chapter 681B of NRS, NRS 686A.010 to 686A.315, inclusive, and sections 2 to 34.5, inclusive, of this act, 686B.010 to 686B.175, inclusive, 687B.010 to 687B.040, inclusive, 687B.070 to 687B.140, inclusive, 687B.150, 687B.160, 687B.180, 687B.200 to 687B.255, inclusive, 687B.270, 687B.310 to 687B.380, inclusive, 687B.410, 687B.420, 687B.430, 687B.500 and chapters 692B, 692C, 693A and 696B of NRS, to the extent applicable and not in conflict with the express provisions of this chapter.
in subsection 1, a nonprofit hospital and medical or dental serviceth corporation is included in the meaning of the term “insurer.” Sec.
(b) A statement or item of information shall be deemed to be misleading, whether or not it may be literally untrue if, in the total context in which such statement is made or such item of information - 83rd Session (2025) – 11 – is communicated, such statement or item of information may be reasonably understood by a reasonable person not possessing special knowledge regarding health care coverage, as indicating any benefit or advantage or the absence of any exclusion, limitation or disadvantage of possible significance to an enrollee of, or person considering enrollment in, a health care plan if such benefit ororon advantage or absence of limitation, exclusion or disadvantage does not in fact exist.
NRS 686A.010 to 686A.310, inclusive, and sections 2 to 34,34.5, inclusive, of this act shall be construed to apply to health maintenance organizations, health care plans and evidences of coverage except to the extent that the nature of health maintenance organizations, health care plans and evidences of coverage render the sections therein clearly inappropriate.
No health maintenance organization, unless licensed as an insurer, may use in its name, contracts, or literature any of the words “insurance,” “casualty,” “surety,” “mutual” or any other wordsthe words descriptive of the insurance, casualty or surety business or deceptively similar to the name or description of any insurance or surety corporation doing business in this State.
- *AB448_R1* – 19 – 5.
- 83rd Session (2025) – 12 – (c) NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.
(f)34.5, NRS 686A.010 to 686A.310, inclusive, and sections 2 to 34, inclusive, of this act concerning trade practices and frauds.
For the purposes of this section and the provisions set forth in subsection 1, a prepaid limited health service organization is included in the meaning of the term “insurer.” Sec.287.010 1.
46.The governing body of any county, schoolollows:
NRSdistrict, 287.010municipal iscorporation, herebypolitical amendedsubdivision, topublic readcorporation asor follows:other local governmental agency of the State of Nevada may:
287.010(a) 1.Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
The(b) governingPurchase bodygroup policies of life, accident or health insurance, or any county,combination schoolthereof, district,for municipalthe corporation,benefit politicalof subdivision,such publicofficers corporationand oremployees, otherand localthe governmentaldependents agencyof such officers and employees, as have authorized the purchase, from insurance companies authorized - 83rd Session (2025) – 13 – to transact the business of such insurance in the State of NevadaNevada, may:and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
(a)self-insurance Adoptgreservefe,fundideand,r andwhereh carryconecessary,oudeduct intocontributions effectto athe systemmaintenance of group life, accident or health insurance, or any combination thereof, for the benefitfund offrom its - *AB448_R1* – 20 – officers and employees, and the dependentscompensation of officers and employees who elect to accept the insurance and who,pay where necessary, have authorized the governing body to make deductions frominto their compensation for the paymentfund. of premiums on the insurance.
(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.
(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund.
The provisions of NRS 439.581 to 439.597, inclusive, 686A.135 [,] and sections 2 to 34,34.5, inclusive, of this act, 687B.352, 687B.408, 687B.692, 687B.723, 687B.725, 687B.805, 689B.030 to 689B.0317, inclusive, paragraphs (b) and (c) of subsection 1 of NRS 689B.0319, subsections 2, 4, 6 and 7 of NRS 689B.0319, 689B.033 to 689B.0369, inclusive, 689B.0375 to 689B.050, inclusive, 689B.0675, 689B.265, 689B.287 and 689B.500 apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0378, 689B.03785 and 689B.500 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.
The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, - *AB448_R1* – 21 – political subdivision, public corporation or other local governmental agency of the State of Nevada.
- 83rd Session (2025) – 14 – 3.
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.
(b) Does not become effective unless approved by the Commissioner.Com(c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.
(c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.
287.04335 If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of - *AB448_R1* – 22 – NRS 439.581 to 439.597, inclusive, 686A.135 [,] and sections 2 to 34,34.5, inclusive, of this act, 687B.352, 687B.409, 687B.692, 687B.723, 687B.725, 687B.805, 689B.0353, 689B.255, 695C.1723, 695G.150, 695G.155, 695G.160, 695G.162, 695G.1635, 695G.164, 695G.1712,695G.1645, 695inclusive,5695G.17145G.1to5,695G.1665, 695G.174,to695G.167, inclusive,695G.1675, 695G.176,695G.170 695G.177,to 695G.200695G.1712, inclusive, 695G.1714 to 695G.230,695G.174, inclusive, 695G.241- 83rd Session (2025) – 15 – to 695G.310, inclusive, 695G.405 and 695G.415, in the samesame241 manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.
The amendatory provisions of this act do not apply to any contract or agreement existing on theJanuary effective1, date2026, of this act until the contract or agreement is renewed.
This act becomes effective uponon passageJanuary and1, approval.2026.
H~~~~~ 25 - *AB448_R1*83rd Session (2025)
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View plain text versions (4)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Introduced As Introduced pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Chapter 316.
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Approved by the Governor.
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Enrolled and delivered to Governor.
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Senate Amendment No. 680 concurred in. To enrollment.
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In Assembly.
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From printer. To re-engrossment. Re-engrossed. Second 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. 680.) To printer.
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Read first time. Referred to Committee on Health and Human Services. To committee.
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From printer. To engrossment. Engrossed. First reprint. To Senate. In Senate.
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Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.) To printer.
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Taken from General File. Placed on General File for next legislative day.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 479.) Dispensed with reprinting.
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From printer. To committee.
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Read first time. Referred to Committee on Commerce and Labor. To printer.
Sponsors
- Gregory S. Koenig · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Koenig, Gregory S. Republican
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 AB 448?
- AB 448 is sponsored by Koenig, Gregory S. (Republican).
- What is the current status of AB 448?
- This bill has been enacted into law. Introduced March 17, 2025. Enacted.
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