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- 83rd Session (2025)
Assembly Bill No. 207–Assemblymember Cole
CHAPTER..........
AN ACT relating to insurance; revising the manner in which a data
request or report submitted to the Commissioner of Insurance
by certain insurers or other organizations provi ding health
coverage relating to the compliance of the insurer or
organization with certain federal laws must be submitted to
the Commissioner; revising provisions governing the
confidentiality of information contained in such a data
request or report; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
The federal Paul Wellstone and Pete Domenici Mental Health Parity and
Addiction Equity Act of 2008 prohibits group health plans and health insurance
issuers that provide ben efits for mental health or substance use disorders from
imposing less favorable benefit limitations on those benefits than on medical and
surgical benefits. (Pub. L. No. 110 -343, 122 Stat. 3765) Existing law requires
certain health insurers or other organi zations providing health coverage to comply
with the Act. Existing law additionally requires the Commissioner of Insurance to
annually prescribe and provide to each such insurer or other organization a data
request that solicits information necessary to ev aluate the compliance of an insurer
or other organization with the Act. Under existing law, an insurer or other
organization is required to either complete the data request and submit it to the
Commissioner or submit to the Commissioner a copy of a report submitted to the
Federal Government demonstrating compliance with the Act. (NRS 687B.404) This
bill requires the data request or the report to be submitted to the Commissioner in
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
request or report is confidential. (NRS 687B.404) This bill instead provides that
such information is a 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. This bill sets forth certain standards for the
making of a determination by the C ommissioner 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.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 687B.404 is hereby amended to read as
follows:
687B.404 1. 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
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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.
2. On or before July 1 of each year, the Commissioner shall
prescribe and provide to each insurer or other organization
providing health coverage subject to the provisions of subsection 1 a
data request that solicits information necessary to evaluate the
compliance of an insurer or other organization 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. § [300gg-26(a)(8).] 300gg-26(a).
3. On or before October 1 of each year, each insurer or other
organization providing health coverage subject to the provisions of
subsection 1 shall:
(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
Commissioners, the data request pr escribed 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 compliance
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 limita tion, the comparative
analyses specified in 42 U.S.C. § [300gg-26(a)(8).] 300gg-26(a).
The Commissioner may request from an insurer or other
organization who submits a copy of such a report any supplemental
information necessary to determine whether the insurer or other
organization is in compliance with that federal law.
4. Any information provided by an insurer or other
organization to the Commissioner pursuant to subsection 3 is a
public record except that the following information is confidential
[.] :
(a) Personally identifiable information of a consumer.
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(b) Any information determined by the Commissioner to
constitute a trade secret. In determining whether information
provided pursuant to subsection 3, including, without limitation,
information concerning mental health parity in the adequacy of
the networks of insurers and other organizations, reimbursement
rates for providers of health care, in -network and out -of-network
utilization rates and the number and percentage of denials of
claims, constitutes a trade secret pursuant to this paragraph:
(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
provisions of this section; 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.
5. On or before December 31 of each year, the Commissioner
shall compile a report summarizing the information submitted to the
Commissioner pursuant to this section and submit the report to:
(a) The Patient Protection Commission created by
NRS 439.908;
(b) The Governor; and
(c) The Director of th e Legislative Counsel Bureau for
transmittal to:
(1) In even-numbered years, the next regular session of the
Legislature; and
(2) In odd -numbered years, the Joint Interim Standing
Committee on Health and Human Services.
6. The Commissioner may adopt any regulations necessary to
carry out the provisions of this section.
7. As used in this section, “trade secret” has the meaning
ascribed to it in NRS 600A.030.
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