Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 428 –Assemblymembers Flanagan, Monroe -
Moreno, Roth, Anderson, Moore; Brown -May, Carter,
Considine, D ’Silva, González, Hunt, Jauregui, Karris, La
Rue Hatch, Marzola, Miller, Nadeem, Torres -Fossett and
Yeager
CHAPTER..........
AN ACT relating to insurance; requiring certain health plans to
include coverage for certain procedures or services for the
preservation of fertility of insureds who have been diagnosed
with bre ast or ovarian cancer; providing certain exceptions
for insurers affiliated with religious organizations;
authorizing certain expenditures; making an appropriation ;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires public and private policies of insurance to include certain
coverage. (NRS 287.010, 287.04335, 422.2717 -422.272428, 689A.04033 -
689A.0465, 689B.030 -689B.0379, 689C.1652 -689C.169, 689C.425, 695A.184 -
695A.1875, 695A.255 -695A.265, 695B.1901 -695B.1949, 695C.050, 695C.1691 -
695C.176, 695G.162 -695G.177) Existing law also requires employers to provide
certain benefits to employees, including the coverage required of health insurers, if
the employer provides health benefits for its employees. (NRS 60 8.1555) Sections
1, 3-9, 11 and 13-15 of this bill require public and private health plans, including
Medicaid and insurance for state and local government employees, to provide
coverage for certain procedures or services that are medically necessary to pr eserve
fertility for an insured who has been diagnosed with breast or ovarian cancer if: (1)
the cancer may directly or indirectly cause infertility; or (2) the insured is expected
to receive medical treatment for the cancer and the treatment could directl y or
indirectly cause infertility. An insurer that is affiliated with a religious organization
is not required to provide the coverage required by sections 1, 3-8 and 11 if the
insurer: (1) objects to providing the coverage on religious grounds; and (2) provides
a written notice to insureds or prospective insureds disclosing that the insurer
refuses to provide such coverage. Section 15.5 of this bill makes an appropriation
to the Division of Health Care Financing and Policy of the Department of Health
and H uman Services and authorizes certain expenditures for the costs associated
with providing such coverage under Medicaid pursuant to sections 9 and 15.
Section 2 of this bill authorizes the Commissioner of Insurance to require a
policy of individual health insurance issued by a domestic insurer to a person
residing in another state to contain the coverage required by section 1 in certain
circumstances. Section 12 of this bill makes a conforming change to require the
Director of the Department to administer the provisions of section 15 in the same
manner as other provisions relating to Medicaid.
Section 10 of this bill authorizes the Commissioner to suspend or revoke the
certificate of a health maintenance organization that fails to provide the coverage
required by section 8. The Commissioner is also authorized to take such action
against other health insurers who fail to provide the coverage required by sections
1, 3-8 and 11. (NRS 680A.200)
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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. Chapter 689A of NRS is hereby amended by
adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 4, an insurer
that issues a policy of hea lth insurance shall include in the policy
coverage for any procedure or service for the preservation of
fertility consistent with established medical practice or any
guidelines published by the American Society for Reproductive
Medicine or the American Soc iety of Clinical Oncology, or their
successor organizations, that is medically necessary to preserve
fertility because the insured has been diagnosed with breast or
ovarian cancer and:
(a) The cancer may, in the judgment of a provider of health
care, directly or indirectly cause infertility; or
(b) The insured is expected to receive medical treatment for the
cancer and such treatment may directly or indirectly cause
infertility.
2. For the purposes of subsection 1, a medical treatment may
directly o r indirectly cause infertility if the treatment has a
potential side effect of impaired fertility, as established by the
American Society of Clinical Oncology or the American Society
for Reproductive Medicine, or their successor organizations.
3. An insu rer shall ensure that the benefits required by
subsection 1 are made available to an insured through a provider
of health care who participates in the network plan of the insurer.
4. An insurer that is affiliated with a religious organization is
not req uired to provide the coverage required by subsection 1 if
the insurer objects on religious grounds. Such an insurer shall,
before the issuance of a policy of health insurance that is subject
to the requirements of subsection 1 and before the renewal of such
a policy, provide to the insured or prospective insured, as
applicable, written notice of the coverage that the insurer refuses
to provide pursuant to this subsection.
5. A policy of health insurance that is subject to the
provisions of this chapter an d is delivered, issued for delivery or
renewed on or after January 1, 2026, has the legal effect of
including the coverage required by subsection 1, and any
provision of the policy or the renewal that conflicts with the
provisions of this section is void.
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6. As used in this section:
(a) “Network plan” means a policy of health insurance offered
by an insurer under which the financing and delivery of medical
care, including items and services paid for as medical care, are
provided, in whole or in part, th rough a defined set of providers
under contract with the insurer. The term does not include an
arrangement for the financing of premiums.
(b) “Provider of health care” has the meaning ascribed to it in
NRS 629.031.
Sec. 2. NRS 689A.330 is hereby amended to read as follows:
689A.330 If any policy is issued by a domestic insurer for
delivery to a person residing in another state, and if the insurance
commissioner or corresponding public officer of that other state has
informed the Commissioner that the policy is not subject to approval
or disapproval by that officer, the Commissioner may by ruling
require that the policy meet the standards set forth in NRS 689A.030
to 689A.320, inclusive [.] , and section 1 of this act.
Sec. 3. Chapter 689B of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, an insurer
that issues a policy of group health insurance shall include in the
policy coverage for any procedure or service for the preser vation
of fertility consistent with established medical practice or any
guidelines published by the American Society for Reproductive
Medicine or the American Society of Clinical Oncology, or their
successor organizations, that is medically necessary to pr eserve
fertility because the insured has been diagnosed with breast or
ovarian cancer and:
(a) The cancer may, in the judgment of a provider of health
care, directly or indirectly cause infertility; or
(b) The insured is expected to receive medical treatment for the
cancer and such treatment may directly or indirectly cause
infertility.
2. For the purposes of subsection 1, a medical treatment may
directly or indirectly cause infertility if the treatment has a
potential side effect of impaired fertility, as established by the
American Society of Clinical Oncology or the American Society
for Reproductive Medicine, or their successor organizations.
3. An insurer that is affiliated with a religious organization is
not required to provide the coverage requi red by subsection 1 if
the insurer objects on religious grounds. Such an insurer shall,
before the issuance of a policy of group health insurance that is
subject to the requirements of subsection 1 and before the renewal
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of such a policy, provide to the gr oup policyholder or prospective
insured, as applicable, written notice of the coverage that the
insurer refuses to provide pursuant to this subsection.
4. A policy of group health insurance that is subject to the
provisions of this chapter and is deliver ed, issued for delivery or
renewed on or after January 1, 2026, has the legal effect of
including the coverage required by subsection 1, and any
provision of the policy or the renewal that conflicts with the
provisions of this section is void.
Sec. 4. Chapter 689C of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsection 4, a carrier that
issues a health benefit plan shall include in the plan coverage for
any procedure or service for the preservation of fertility consistent
with established medical practice or any guidelines published by
the American Society for Reproductive Medicine or the American
Society of Clinical Oncology, or their successor organizations, that
is medically necessary to preserve fertility because the insured has
been diagnosed with breast or ovarian cancer and:
(a) The cancer may, in the judgment of a provider of health
care, directly or indirectly cause infertility; or
(b) The insured is expected to receive medical treatment for the
cancer and such treatment may directly or indirectly cause
infertility.
2. For the purposes of subsection 1, a medical treatment may
directly or indirectly cause infertility if the treatment has a
potential side effect of impaired fert ility, as established by the
American Society of Clinical Oncology or the American Society
for Reproductive Medicine, or their successor organizations.
3. A carrier shall ensure that the benefits required by
subsection 1 are made available to an insured through a provider
of health care who participates in the network plan of the carrier.
4. A carrier that is affiliated with a religious organization is
not required to provide the coverage required by subsection 1 if
the carrier objects on religious grounds. Such a carrier shall,
before the issuance of a health benefit plan that is subject to the
requirements of subsection 1 and before the renewal of such a
plan, provide to the insured or prospective insured, as applicable,
written notice of the cover age that the carrier refuses to provide
pursuant to this subsection.
5. A health benefit plan that is subject to the provisions of
this chapter and is delivered, issued for delivery or renewed on or
after January 1, 2026, has the legal effect of includin g the
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coverage required by subsection 1, and any provision of the plan
or the renewal that conflicts with the provisions of this section is
void.
6. As used in this section:
(a) “Network plan” means a health benefit plan offered by a
carrier under whic h the financing and delivery of medical care,
including items and services paid for as medical care, are
provided, in whole or in part, through a defined set of providers
under contract with the carrier. The term does not include an
arrangement for the financing of premiums.
(b) “Provider of health care” has the meaning ascribed to it in
NRS 629.031.
Sec. 5. NRS 689C.425 is hereby amended to read as follows:
689C.425 A voluntary purchasing group and any contract
issued to such a group pursuant to NRS 689C.360 to 689C.600,
inclusive, are subject to the provisions of NRS 689C.015 to
689C.355, inclusive, and section 4 of this act, to the extent
applicable and not in conflict with the express provisions of NRS
687B.408 and 689C.360 to 689C.600, inclusive.
Sec. 6. Chapter 695A of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsection 4, a society that
issues a benefit contract shall include in the contract coverage for
any procedure or service for the preservation of fertility consistent
with established medical practice or any guidelines published by
the American Society for Reproductive Medicine or the American
Society of Clinical Oncology, or their successor organizations, that
is medically necessary to preserve fertility because the insured has
been diagnosed with breast or ovarian cancer and:
(a) The cancer may, in the judgment of a provider of health
care, directly or indirectly cause infertility; or
(b) The insured is expected to receive medical treatment for the
cancer and such treatment may directly or indirectly cause
infertility.
2. For the purposes of subsection 1, a medical treatment may
directly or indirectly cause infertility if the treatment has a
potential side effect of impaired fertility, as established by the
American Society of Clinical Oncology or the American Society
for Reproductive Medicine, or their successor organizations.
3. A society shall ensure that the benefits required by
subsection 1 are made availabl e to an insured through a provider
of health care who participates in the network plan of the society.
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4. A society that is affiliated with a religious organization is
not required to provide the coverage required by subsection 1 if
the society objects o n religious grounds. Such a society shall,
before the issuance of a benefit contract that is subject to the
requirements of subsection 1 and before the renewal of such a
contract, provide to the insured or prospective insured, as
applicable, written notice of the coverage that the society refuses
to provide pursuant to this subsection.
5. A benefit contract that is subject to the provisions of this
chapter and is delivered, issued for delivery or renewed on or after
January 1, 2026, has the legal effect o f including the coverage
required by subsection 1, and any provision of the contract or the
renewal that conflicts with the provisions of this section is void.
6. As used in this section:
(a) “Network plan” means a benefit contract offered by a
society under which the financing and delivery of medical care,
including items and services paid for as medical care, are
provided, in whole or in part, through a defined set of providers
under contract with the society. The term does not include an
arrangement for the financing of premiums.
(b) “Provider of health care” has the meaning ascribed to it in
NRS 629.031.
Sec. 7. Chapter 695B of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsectio n 4, a hospital or
medical services corporation that issues a policy of health
insurance shall include in the policy coverage for any procedure
or service for the preservation of fertility consistent with
established medical practice or any guidelines publ ished by the
American Society for Reproductive Medicine or the American
Society of Clinical Oncology, or their successor organizations, that
is medically necessary to preserve fertility because the insured has
been diagnosed with breast or ovarian cancer and:
(a) The cancer may, in the judgment of a provider of health
care, directly or indirectly cause infertility; or
(b) The insured is expected to receive medical treatment for the
cancer and such treatment may directly or indirectly cause
infertility.
2. For the purposes of subsection 1, a medical treatment may
directly or indirectly cause infertility if the treatment has a
potential side effect of impaired fertility, as established by the
American Society of Clinical Oncology or the American Society
for Reproductive Medicine, or their successor organizations.
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3. A hospital or medical services corporation shall ensure
that the benefits required by subsection 1 are made available to an
insured through a provider of health care who participates in the
network plan of the hospital or medical services corporation.
4. A hospital or medical services corporation that is affiliated
with a religious organization is not required to provide the
coverage required by subsection 1 if the hospital or medical
services corporation objects on religious grounds. Such a hospital
or medical services corporation shall, before the issuance of a
policy of health insurance that is subject to the requirements of
subsection 1 and before the renewal of such a policy, provide to
the insured or prospective insured, as applicable, written n otice of
the coverage that the hospital or medical services corporation
refuses to provide pursuant to this subsection.
5. A policy of health insurance that is subject to the
provisions of this chapter and is delivered, issued for delivery or
renewed on or after January 1, 2026, has the legal effect of
including the coverage required by subsection 1, and any
provision of the policy or the renewal that conflicts with the
provisions of this section is void.
6. As used in this section:
(a) “Network plan” means a policy of health insurance offered
by a hospital or medical services corporation under which the
financing and delivery of medical care, including items and
services paid for as medical care, are provided, in whole or in part,
through a defined set of providers under contract with the hospital
or medical services corporation. The term does not include an
arrangement for the financing of premiums.
(b) “Provider of health care” has the meaning ascribed to it in
NRS 629.031.
Sec. 8. Chapter 695C of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsection 4, a health
maintenance organization that issues a health care plan shall
include in the plan coverage for any procedure or service for the
preservation of fertility consistent with established medical
practice or any guidelines published by the American Society for
Reproductive Medicine or the American Society of Clinical
Oncology, or their successor organizations, that is medically
necessary to preserve fertility because the enrollee has been
diagnosed with breast or ovarian cancer and:
(a) The cancer may, in the judgment of a provider of health
care, directly or indirectly cause infertility; or
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(b) The enrollee is expected to receive medical treatment for
the cancer and such treatment may directly or indire ctly cause
infertility.
2. For the purposes of subsection 1, a medical treatment may
directly or indirectly cause infertility if the treatment has a
potential side effect of impaired fertility, as established by the
American Society of Clinical Oncology or the American Society
for Reproductive Medicine, or their successor organizations.
3. A health maintenance organization shall ensure that the
benefits required by subsection 1 are made available to an enrollee
through a provider of health care who part icipates in the network
plan of the health maintenance organization.
4. A health maintenance organization that is affiliated with a
religious organization is not required to provide the coverage
required by subsection 1 if the health maintenance organiz ation
objects on religious grounds. Such a health maintenance
organization shall, before the issuance of a health care plan that is
subject to the requirements of subsection 1 and before the renewal
of such a plan, provide to the enrollee or prospective en rollee, as
applicable, written notice of the coverage that the health
maintenance organization refuses to provide pursuant to this
subsection.
5. A health care plan that is subject to the provisions of this
chapter and is delivered, issued for delivery or renewed on or after
January 1, 2026, has the legal effect of including the coverage
required by subsection 1, and any provision of the plan or the
renewal that conflicts with the provisions of this section is void.
6. As used in this section:
(a) “Network plan” means a health care plan offered by a
health maintenance organization under which the financing and
delivery of medical care, including items and services paid for as
medical care, are provided, in whole or in part, through a defined
set of pro viders under contract with the health maintenance
organization. The term does not include an arrangement for the
financing of premiums.
(b) “Provider of health care” has the meaning ascribed to it in
NRS 629.031.
Sec. 9. NRS 695C.050 is hereby amended to read as follows:
695C.050 1. Except as otherwise provided in this chapter or
in specific provisions of this title, the provisions of this title are not
applicable to any health maintenance organization granted a
certificate of authority under this ch apter. This provision does not
apply to an insurer licensed and regulated pursuant to this title
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except with respect to its activities as a health maintenance
organization authorized and regulated pursuant to this chapter.
2. Solicitation of enrollees by a health maintenance
organization granted a certificate of authority, or its representatives,
must not be construed to violate any provision of law relating to
solicitation or advertising by practitioners of a healing art.
3. Any health maintenance orga nization authorized under this
chapter shall not be deemed to be practicing medicine and is exempt
from the provisions of chapter 630 of NRS.
4. The provisions of NRS 695C.110, 695C.125, 695C.1691,
695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to
695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734,
695C.1751, 695C.1755, 695C.1759, 695C.176 to 695C.200,
inclusive, and 695C.265 do not apply to a health maintenance
organization that provides health care services through managed
care to recipients of Medicaid under the State Plan for Medicaid or
insurance pursuant to the Children’s Health Insurance Program
pursuant to a contract with the Division of Health Care Financing
and Policy of the Department of Health and Human Services. This
subsection does not exempt a health maintenance organization from
any provision of this chapter for services provided pursuant to any
other contract.
5. The provisions of NRS 695C.16932 to 695C.1699,
inclusive, 695C.1701, 695C.1708, 695C.1728, 695C.1731,
695C.17333, 695C.17345, 695C.17347, 695C.1736 to 695C.1745,
inclusive, 695C.1757 and 695C.204 and section 8 of this act apply
to a health maintenance orga nization that provides health care
services through managed care to recipients of Medicaid under the
State Plan for Medicaid.
6. The provisions of NRS 695C.17095 do not apply to a health
maintenance organization that provides health care services to
members of the Public Employees’ Benefits Program. This
subsection does not exempt a health maintenance organization from
any provision of this chapter for services provided pursuant to any
other contract.
7. The provisions of NRS 695C.1735 do not apply to a health
maintenance organization that provides health care services to:
(a) The officers and employees, and the dependents of officers
and employees, of the governing body of any county, school district,
municipal corporation, political subdivision, publi c corporation or
other local governmental agency of this State; or
(b) Members of the Public Employees’ Benefits Program.
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This subsection does not exempt a health maintenance
organization from any provision of this chapter for services
provided pursuant to any other contract.
Sec. 10. NRS 695C.330 is hereby amended to read as follows:
695C.330 1. The Commissioner may su spend or revoke any
certificate of authority issued to a health maintenance organization
pursuant to the provisions of this chapter if the Commissioner finds
that any of the following conditions exist:
(a) The health maintenance organization is operating
significantly in contravention of its basic organizational document,
its health care plan or in a manner contrary to that described in and
reasonably inferred from any other information submitted pursuant
to NRS 695C.060, 695C.070 and 695C.140, unless any amendments
to those submissions have been filed with and approved by the
Commissioner;
(b) The health maintenance organization issues evidence of
coverage or uses a schedule of charges for health care services
which do not comply with the requirements of NRS 695C.1691 to
695C.200, inclusive, and section 8 of this act, 695C.204 or
695C.207;
(c) The health care plan does not furnish comprehensive health
care services as provided for in NRS 695C.060;
(d) The Commissioner certifies that the health maintenanc e
organization:
(1) Does not meet the requirements of subsection 1 of NRS
695C.080; or
(2) Is unable to fulfill its obligations to furnish health care
services as required under its health care plan;
(e) The health maintenance organization is no longer financially
responsible and may reasonably be expected to be unable to meet its
obligations to enrollees or prospective enrollees;
(f) The health maintenance organization has failed to put into
effect a mechanism affording the enrollees an opportun ity to
participate in matters relating to the content of programs pursuant to
NRS 695C.110;
(g) The health maintenance organization has failed to put into
effect the system required by NRS 695C.260 for:
(1) Resolving complaints in a manner reasonably to dispose
of valid complaints; and
(2) Conducting external reviews of adverse determinations
that comply with the provisions of NRS 695G.241 to 695G.310,
inclusive;
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(h) The health maintenance organization or any person on its
behalf has advertised or mer chandised its services in an untrue,
misrepresentative, misleading, deceptive or unfair manner;
(i) The continued operation of the health maintenance
organization would be hazardous to its enrollees or creditors or to
the general public;
(j) The health m aintenance organization fails to provide the
coverage required by NRS 695C.1691; or
(k) The health maintenance organization has otherwise failed to
comply substantially with the provisions of this chapter.
2. A certificate of authority must be suspended or revoked only
after compliance with the requirements of NRS 695C.340.
3. If the certificate of authority of a health maintenance
organization is suspended, the health maintenance organization shall
not, during the period of that suspension, enroll any additional
groups or new individual contracts, unless those groups or persons
were contracted for before the date of suspension.
4. If the certificate of authority of a health maintenance
organization is revoked, the organization shall proceed, immediately
following the effective date of the order of revocation, to wind up its
affairs and shall conduct no further business except as may be
essential to the orderly conclusion of the affairs of the organization.
It shall engage in no further advertising or solicitation of any kind.
The Commissioner may, by written order, permit such further
operation of the organization as the Commissioner may find to be in
the best interest of enrollees to the end that enrollees are afforded
the greatest practical opportuni ty to obtain continuing coverage for
health care.
Sec. 11. Chapter 695G of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in subsection 4, a managed
care organization that issues a health care plan shall include in
the plan coverage for any procedure or service for the preservation
of fertility consistent with established medical practice or any
guidelines published by the American Society for Reproductive
Medicine or the American Society of Cli nical Oncology, or their
successor organizations, that is medically necessary to preserve
fertility because the insured has been diagnosed with breast or
ovarian cancer and:
(a) The cancer may, in the judgment of a provider of health
care, directly or indirectly cause infertility; or
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(b) The insured is expected to receive medical treatment for the
cancer and such treatment may directly or indirectly cause
infertility.
2. For the purposes of subsection 1, a medical treatment may
directly or indirectly ca use infertility if the treatment has a
potential side effect of impaired fertility, as established by the
American Society of Clinical Oncology or the American Society
for Reproductive Medicine, or their successor organizations.
3. A managed care organization shall ensure that the benefits
required by subsection 1 are made available to an insured through
a provider of health care who participates in the network plan of
the managed care organization.
4. A managed care organization that is affiliated with a
religious organization is not required to provide the coverage
required by subsection 1 if the managed care organization objects
on religious grounds. Such a managed care organization shall,
before the issuance of a health care plan that is subject to the
requirements of subsection 1 and before the renewal of such a
plan, provide to the insured or prospective insured, as applicable,
written notice of the coverage that the managed care organization
refuses to provide pursuant to this subsection.
5. A health care plan that is subject to the provisions of this
chapter and is delivered, issued for delivery or renewed on or after
January 1, 2026, has the legal effect of including the coverage
required by subsection 1, and any provision of the plan or the
renewal that conflicts with the provisions of this section is void.
6. As used in this section:
(a) “Network plan” means a health care plan offered by a
managed care organization under which the financing and
delivery of medical care, including items and services paid for as
medical care, are provided, in whole or in part, through a defined
set of providers under contract with the managed care
organization. The term does not include an arrangement for the
financing of premiums.
(b) “Provider of health care” has the meaning ascribed to it in
NRS 629.031.
Sec. 12. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor,
administrators of the divisions of the Department, who are
respectively designated as follows:
(1) The Administrator of the Aging and Disability Services
Division;
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(2) The Administrator of the Division of Welfare and
Supportive Services;
(3) The Administrator of the Division of Child and Family
Services;
(4) The Administrator of the Division of Health Care
Financing and Policy; and
(5) The Administrator of the Division of Public and
Behavioral Health.
(b) Shall administer, through the divisions of the Department,
the provisions of chapters 63, 424, 425, 427A, 432A to 442,
inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS
127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and
section 15 of this act, 422.580, 432.010 to 432.133, inclusive,
432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive,
and 445A.010 to 445A.055, inclusive, and all other provisions of
law relating to the functions of the divisions of the Department, but
is not responsible for the clinical activities of the Division of Public
and Behavioral Health or the professional line activities of the other
divisions.
(c) Shall administer any state program for persons with
developmental disabilities established pursuant to the
Developmental Disabilities Assistance and Bill of Rights Act of
2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local
governments and nonprofit organizations which provide social
services, adopt a master plan for the provision of human services in
this State. The Director shall revise the plan biennially and deliver a
copy of the plan to the Governor and the Legislature at the
beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the
Department for the provision of human services, and any
duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordin ation of those
services among nonprofit organizations, agencies of local
government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by
the Department and the allocation of that funding;
(5) Set forth suf ficient information to assist the Department
in providing those services and in the planning and budgeting for the
future provision of those services; and
(6) Contain any other information necessary for the
Department to communicate effectively with the Federal
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Government concerning demographic trends, formulas for the
distribution of federal money and any need for the modification of
programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state
and local gove rnmental agencies to provide information regarding
the programs of those organizations and agencies, excluding
detailed information relating to their budgets and payrolls, which the
Director deems necessary for the performance of the duties imposed
upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or
the Director’s designee, is responsible for appointing and removing
subordinate officers and employees of the Department.
Sec. 13. NRS 287.010 is hereby amended to read as follows:
287.010 1. The governing body of any county, school
district, municipal corporation, political subdivision, public
corporation or other local governmental agency of the State of
Nevada may:
(a) 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.
(b) Purchase group policies of life, accident or health insurance,
or any combination there of, 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
money accumulated for this purpose through deductions from the
compensation of officers and employees and contributions of the
governing body must be maintained as an internal service fund as
defined by NRS 354.543. The money must be deposited in a state or
national bank or credit union authorized to transact business in the
State of Nevada. Any independent administrator of a fund created
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under this section is subject to the licensing requirements of chapter
683A of NRS, and must be a resident of this State. Any contract
with an independent administrator must be approved by the
Commissioner of Insurance as to the reasonableness of
administrative charges in relation to contributions collected and
benefits provided. The provisions of NRS 439.581 to 439.597,
inclusive, 686A.135, 687B.352, 687B.408, 687B.692, 687B.723,
687B.725, 687B.805, 689B.030 to 689B.0317, inclusive, and
section 3 of this act, 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 purs uant 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.
(d) Defray part or all of the co st of maintenance of a self -
insurance fund or of the premiums upon insurance. The money for
contributions must be budgeted for in accordance with the laws
governing the county, school district, municipal corporation,
political subdivision, public corporation or other local governmental
agency of the State of Nevada.
2. If a school district offers group insurance to its officers and
employees pursuant to this section, members of the board of trustees
of the school district must not be excluded from partici pating in the
group insurance. If the amount of the deductions from compensation
required to pay for the group insurance exceeds the compensation to
which a trustee is entitled, the difference must be paid by the trustee.
3. In any county in which a lega l 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 sec tion 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.
4. If a contract is entered into pu rsuant to subsection 3, the
officers and employees of the legal services organization:
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(a) Shall be deemed, solely for the purposes of this section, to be
officers and employees of the county, school district, municipal
corporation, political subdivision, public corporation or other local
governmental agency with which the legal services organization has
contracted; and
(b) Must be required by the contract to pay the premiums or
contributions for all insurance which they elect to accept or of which
they authorize the purchase.
5. A contract that is entered into pursuant to subsection 3:
(a) Must be submitted to the Commissioner of Insurance for
approval not less than 30 days before the date on which the contract
is to become effective.
(b) Does not bec ome effective unless approved by the
Commissioner.
(c) Shall be deemed to be approved if not disapproved by the
Commissioner within 30 days after its submission.
6. As used in this section, “legal services organization” means
an organization that operat es a program for legal aid and receives
money pursuant to NRS 19.031.
Sec. 14. NRS 287.04335 is hereby amended to read as
follows:
287.04335 If the Board provides health insurance through a
plan of self -insurance, it shall comply with the provisions of NRS
439.581 to 439.597, inclusive, 686A.135, 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.1645, 695G.1665, 695G.167,
695G.1675, 695G.170 to 695G.1712, inclusive, 695G.1714 to
695G.174, inclusive, and section 11 of this act, 695G.176,
695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to
695G.310, inclusive, 695G.405 and 695G.415, in the same manner
as an insurer that is licensed pursuant to title 57 of NRS is required
to comply with those provisions.
Sec. 15. Chapter 422 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. To the extent that federal financial participation is
available, the Director shall include under Medicaid coverage for
any procedure or service for the preservation of fertility consistent
with established medical practice or any guidelines published by
the American Society for Reproductive Medicine or the American
Society of Clinical Oncology, or their successor organizations, that
is medically necessary to preserve fertility because a recipient of
Medicaid has been diagnosed with breast or ovarian cancer and:
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(a) The cancer may, in the judgment of a provider of health
care, directly or indirectly cause infertility; or
(b) The recipient is expected to receive medical treatment for
the cancer and such treatment may directly or indirectly cause
infertility.
2. For the purposes of subsection 1, a medical treatment may
directly or indirectly cause infertility if the treatment has a
potential side effect of impaired fertility, as established by the
American Society of Clinical On cology or the American Society
for Reproductive Medicine, or their successor organizations.
3. The Department shall:
(a) Apply to the Secretary of Health and Human Services for
any waiver of federal law or apply for any amendment of the State
Plan for M edicaid that is necessary for the Department to receive
federal funding to provide the coverage described in subsection 1.
(b) Fully cooperate in good faith with the Federal Government
during the application process to satisfy the requirements of the
Federal Government for obtaining a waiver or amendment
pursuant to paragraph (a).
4. As used in this section, “provider of health care” has the
meaning ascribed to it in NRS 629.031.
Sec. 15.5. 1. There is hereby appropriated from the State
General Fund to the Division of Health Care Financing and Policy
of the Department of Health and Human Services for the costs of
providing Medicaid coverage for procedures and services for the
preservation of fertility pursuant to section s 9 and 15 of this act and
computer system upgrades and vendor costs associated with
providing such coverage the following sums:
For the Fiscal Year 2025-2026 .................................. $158,600
For the Fiscal Year 2026-2027 .................................... $69,434
2. Expenditure of the following sums not appropriated from the
State General Fund or the State Highway Fund is hereby authorized
by the Division of Health Care Financing and Policy of the
Department of Health and Human Services for the same purposes as
set forth in subsection 1:
For the Fiscal Year 2025-2026 .................................. $225,800
For the Fiscal Year 2026-2027 .................................. $193,008
3. Any balance of the sums appropriated by subsection 1
remaining at the end of the respective fiscal years must not be
committed for expenditure after June 30 of the respective fiscal
years by the entity to which the appropriati on is made or any entity
to which money from the appropriation is granted or otherwise
transferred in any manner, and any portion of the appropriated
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money remaining must not be spent for any purpose after
September 18, 2026, and September 17, 2027, respe ctively, by
either the entity to which the money was appropriated or the entity
to which the money was subsequently granted or transferred, and
must be reverted to the State General Fund on or before
September 18, 2026, and September 17, 2027, respectively.
Sec. 16. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
Sec. 17. 1. This section becomes effective upon passage and
approval.
2. Section 15.5 of this act becomes effective on July 1, 2025.
3. Sections 1 to 15, inclusive, and 16 of this act become
effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2027, for all other purposes.
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