AB 207 — Revises provisions governing the submission of certain information to the Commissioner of Insurance relating to mental health parity and addiction equity. (BDR 57-853)

(ReprintedAssembly withBill amendmentsNo. adopted on April 18, 2025) FIRST REPRINT A.B.

207207–Assemblymember ASSEMBLYCole BILLCHAPTER.......... NO .

207–ASSEMBLYMEMBER C OLE PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing the submission of certain information to the Commissioner of Insurance relating to mental health parity and addiction equity.

(BDR 57-853) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

setting forth certain requirements for certain market analyses conducted by the Commissioner;

Under existing law, an insurer or other Commissionerorganization oris submitrequired to theeither Commissionercomplete athe copydata ofrequest aand reportsubmit submittedit to thethethe Federal Government demonstrating compliance with the Act.

(NRS 687B.404) ThisThise bill requires the data request or the report to be submitted to the Commissioner in - *AB207_R1* – 2 – accordance with the System for Electronic Rate and Form Filing developed and implemented by the National Association of Insurance Commissioners.

Under existing law, any information provided to the Commissioner in the data suchrequest informationor isreport ais public record except for personally identifiable information of a consumer and any information determined by the Commissioner to constitute a trade secret, which are confidential.

(NRS 687B.404) This bill setsinstead forthprovides certainthat standardssuch forinformation theis making of a determinationpublic byrecord theexcept Commissionerfor aspersonally toidentifiable whether information providedof to the Commissioner in the data request or report constitutes a trade secFinally,secret, thiswhich billare requiresconfidential. any market analysis conducted by the Commissioner to determine compliance with the provisions of this bill to be conducted in accordance with applicable standards set forth by the National Association of Insurance Commissioners, all applicable laws and any regulations adopted by the Commissioner.

This bill sets forth certain standards for the making of a determination by the Commissioner as to whether information provided to the Commissioner in the data request or report constitutes a trade secret.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

An insurer or other organization providing health coverage pursuant to chapter 689A, 689B, 689C, 695A, 695B, 695C, 695F or 695G of NRS, including, without limitation, a - 83rd Session (2025) – 2 – health maintenance organization or managed care organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid, shall adhere to the applicable provisions of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Public Law 110-343, Division C, Title V, Subtitle B, and any federal regulations issued pursuant thereto.

(a) Complete and submit to the Commissioner , in accordance with the System for Electronic Rate and Form Filing developed and implemented by the National Association of Insurance - *AB207_R1* – 3 – Commissioners, the data request prescribed pursuant to subsection 2;

or (b) Submit to the Commissioner , in accordance with the System for Electronic Rate and Form Filing developed and implemented by the National Association of Insurance Commissioners, a copy of a report submitted by the insurer or other organization to the Federal Government demonstrating compliancecompliancether with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Public Law 110-343, Division C, Title V, Subtitle B, including, without limitation, the comparative analyses specified in 42 U.S.C.

- 83rd Session (2025) – 3 – (b) Any information determined by the Commissioner to constitute a trade secret.

(1) The Commissioner shall not make a determination that the information constitutes a trade secret solely because the information reflects whether an insurer is in compliance with the provisionsprovis(2) Any doubt or uncertainty regarding whether the information constitutes a trade secret must be resolved in favor of thisa section;determination that the information does not constitute a trade secret.

and (2) Any doubt or uncertainty regarding whether the information constitutes a trade secret must be resolved in favor of a determination that the information does not constitute a trade secret.

Any market analysis conducted by the Commissioner to determine compliance with the provisions of this section must be conducted in accordance with applicable standards set forth by the National Association of Insurance Commissioners, all applicable laws and any regulations adopted by the Commissioner.

[5.] 6.

-(a) *AB207_R1*The –Patient 4Protection –Commission created by NRS 439.908;

Patient Protection Commission created by (b) The Governor;

[6.]6. 7.

8.7.

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