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- 83rd Session (2025)
Assembly Bill No. 448–Assemblymember Koenig
CHAPTER..........
AN ACT relating to health care; establishing various requirements
relating to providers of vision insurance and providers of
vision care; revising provisions relating to certa in contracts
between a provider of vision insurance and a provider of
vision care; prohibiting certain conduct of a provider of
vision insurance or provider of vision care which would
constitute an unfair or deceptive trade practice in the business
of insu rance; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law prohibits certain unfair trade practices in the business of
insurance. (NRS 686A.010 -686A.310) Existing law prohibits an insurer from
entering into a contract with a provider of vision care that conditions any rate of
reimbursement for vision care on the provider of vision care prescribing certain
ophthalmic devices or materials or increases the rate of reimbursement if the
provider of vision care presc ribes such ophthalmic devices or materials. Existing
law also prohibits an insurer from entering into a contract with a provider of vision
care that: (1) authorizes the insurer to set or limit the amount that the provider of
vision care may charge for visi on care that is not reimbursed under the contract; or
(2) requires the provider of vision care to use a specific laboratory as the
manufacturer of ophthalmic devices or materials provided to a covered person.
Finally, existing law requires a provider of vi sion care to disclose to any covered
person an ownership or pecuniary interest of the provider in a supplier of
ophthalmic devices or materials before the covered person authorizes the provider
to obtain covered eyewear materials from such a supplier. (NRS 686A.135)
Existing law authorizes the Commissioner of Insurance to investigate a violation of
and enforce those provisions as an unfair or deceptive trade practice. (NRS
686A.020, 686A.160, 686A.170, 686A.183)
Sections 2, 5-7, 9, 11, 13.5, 14, 16, 17, 28, 30, 34.5 and 37 of this bill revise
provisions of existing law governing vision care and set forth various definitions,
additional requirements and restrictions governing providers of vision insurance.
Section 13.5 defines “ provider of vision insurance” to mean 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.
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 16 specifies that the term includ es a standalone vision benefit plan or a
health benefit plan that provides coverage for vision care. Section 14 defines
“vision benefit discount plan” to mean a policy, contract, certificate or agreement
offered by a provider of vision insurance to an enro llee that solely provides for a
discount for covered services or covered materials.
Because an insurer that provides a vision benefit plan constitutes a provider of
vision insurance, section 37 revises the provisions of existing law setting forth
certain prohibitions on insurers with respect to vision care to replace references to
an insurer with references to a provider of vision insurance.
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Section 30 prohibits a provider of vision insurance that offers more than one
vision benefit plan or vision benefit discount plan from conditioning the
participation of a provider of vision care in one plan on his or her participation in
any of the other plans of the provider of vision insurance.
Section 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.
Section 28 prohibits certain actions of a provider of vision insurance relating to
certain business practices and billing practices.
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 2-34.5. Sections
43.5-47 of this bill provide tha t certain entities that provide coverage for vision
care, including local governments and the Public Employees’ Benefits Program, are
subject to the provisions of sections 2-34.5.
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 686A of NRS is hereby amended by
adding thereto the provisions set forth as sections 2 to 34.5,
inclusive, of this act.
Sec. 2. As used in NRS 686A.135 and sections 2 to 34.5,
inclusive, of this act, unless the cont ext 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.
Secs. 3 and 4. (Deleted by amendment.)
Sec. 5. “Covered material” means any material for which:
1. Reimbursement from a provider of vision 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; or
2. A discount is provided by a vision benefit discount plan of
an enrollee.
Sec. 6. “Covered services” means the professional work
performed by a provider of vision care for which:
1. Reimbursement from a provider of vision 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 ded uctibles,
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copayments or coinsurance, regardless of how the services are
listed or described in the definition of benefits in a vision benefit
plan of an enrollee; or
2. A discount is provided by a vision benefit discount plan of
an enrollee.
Sec. 7. “Enrollee” means any person participating in or
entitled to receive covered services or covered materials through a
vision benefit plan or vision benefit discount plan that is
purchased by the person or provided to the person b y another
person or a governmental entity.
Sec. 8. (Deleted by amendment.)
Sec. 9. “Materials” means ophthalmic devices, including,
without limitation, lenses, devices containing lenses, art ificial
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 abnorma l conditions of
the human eye or its adnexa, or any other material authorized for
use in chapter 636 of NRS and any regulations adopted pursuant
thereto.
Sec. 10. (Deleted by amendment.)
Sec. 11. “Provider of vision care” means a physician who
provides vision care or an optometrist.
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.
Sec. 14. “Vision benefit discount plan” means a policy,
contract, certificate or agreement offered by a provider of vision
insurance to an enrollee that solely provides for a discount for
covered services or covered materials.
Sec. 15. (Deleted by amendment.)
Sec. 16. 1. “Vision benefit plan” means 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.
2. The term includes, without limitation:
(a) A policy, contract, certificate or agreement which only pays
for or reimburses any of the costs of vision care and is offered or
issued separately from any health benefit plan, as defined in
NRS 695G.019.
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(b) A health benefit plan, as defined in NRS 695G.019, that
provides coverage for vision care.
Sec. 17. “Vision care” means routine ophthalmological
evaluation of the eye, including refraction.
Secs. 18-27. (Deleted by amendment.)
Sec. 28. A provider of vision insurance shall not directly or
indirectly:
1. Control or attempt to control the professional judgment,
manner of practice or practice of a provider of vision care.
2. Employ a provider of vision care to provide a covered
service or covered material.
3. Withhold or recoup payment to a provider of vision care
for covered services or covered materials which are provided to an
enrollee if the enrollee was shown to be eligible on the date that
the covered services or covered materials were provided.
4. Reimburse a provider of vision care a different amount for
covered services or covered materials because of the choice of the
provider of vision care of the:
(a) Optical laboratory.
(b) Source of supplier of:
(1) Contact lenses;
(2) Ophthalmic lenses;
(3) Ophthalmic glasses frames; or
(4) Covered or non-covered services or materials.
(c) Equipment used for patient care.
(d) Membership in a professional trade association.
(e) Software for management of the practice of the provider of
vision care, including, without limitation, for maintenance of
electronic health or medical records.
(f) Services for billing, filing third -party claims or securely
exchanging electronic business documents.
Sec. 29. (Deleted by amendment.)
Sec. 30. 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 b enefit plans or vision benefit discount
plans of the provider of vision insurance.
Secs. 31-34. (Deleted by amendment.)
Sec. 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
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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.
Sec. 35. NRS 686A.010 is hereby amended to read as follows:
686A.010 The purpose of NRS 686A.010 to 686A.310,
inclusive, and sections 2 to 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. 20, 59 Stat. 33, also designated as 15 U.S.C.
§§ 1011 to 1015, inclusive, and Title V of Public Law 106 -102, 15
U.S.C. §§ 6801 et seq.
Sec. 36. NRS 686A.020 is hereby amended to read as follows:
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 34.5, inclusive, of this act as, or determined
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.
Sec. 37. NRS 686A.135 is hereby amended to read as follows:
686A.135 1. [An insurer ] A provider of vision insurance
shall not enter into a contract with a provider of vision care that:
(a) Authorizes the [insurer] provider of vision 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;
(b) Requires the provider of vision care to use a specific
laboratory as the manufacturer of [ophthalmic devices or] materials
provided to [covered persons; or] enrollees; or
(c) Conditions any rate of reimbursement for vision care on the
provider of vision care prescribing [ophthalmic devices or] materials
in which the [insurer] provider of vision insurance has an
ownership o r other pecuniary interest or increases the rate of
reimbursement if the provider of vision care prescribes such
[ophthalmic devices or] materials.
2. Before entering into a contract with a provider of vision care
to include the provider of vision care in the network of [an insurer,]
a provider of vision insurance, the [insurer] provider of vision
insurance must provide to the provider of vision care a list of the
rates of reimbursement for each service covered by the contract.
3. [An insurer] A provider of vision insurance 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] provider of
vision insurance in a supplier of [ophthalmic devices or ] materials
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or a provider of vision care. The disclosure must appear in a
conspicuous and clear manner.
4. [An insurer ] A provider of vision insurance that does not
provide reimbursement for specific vision care shall not claim in
any advertisement or other material that the [insurer] provider of
vision benefit insurance covers that vision care if s uch 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.
5. 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 c are
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.
The disclosure must appear in a conspicuous and clear manner.
6. Nothing in this section shall be construed to prohibit [a
covered person ] an enrollee from using an in -network source or
supplier of [ophthalmic devices or ] materials as set forth in the
[covered person’s policy of insurance that covers] vision [care.
7. As used in this section:
(a) “Provider of vision care” means a physician who provides
vision care or an optometrist.
(b) “Vision care” means:
(1) Routine ophthalmological evaluation of the eye,
including refraction.
(2) Ophthalmic devices or materials, including, without
limitation, lenses, frames, mountings or other specially fabricated
ophthalmic devices.
The term “vision care” does not include the initiation of treatment
or diagnosis pursuant to a program of medical care.] benefit plan or
vision benefit discount plan of the enrollee.
Sec. 38. NRS 686A.160 is hereby amended to read as follows:
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
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to 34.5, inclusive, of this act 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. The statement of charges and notice of hearing shall
comply with the requirements of NRS 679B.320 and shall be served
upon such person directly or by certified or registered mail, return
receipt requested.
Sec. 39. NRS 686A.170 is hereby amended to read as follows:
686A.170 1. 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
practice not de fined in NRS 686A.010 to 686A.310, inclusive, and
sections 2 to 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 any
intervener at the hearing.
2. If such report charges a violation of NRS 686A.010 to
686A.310, inclusive, and sections 2 to 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 m ethod, act or
practice. The court shall have jurisdiction of the proceeding and
shall have power to make and enter appropriate orders in connection
therewith and to issue such writs or orders as are ancillary to its
jurisdiction or necessary in its judgmen t to prevent injury to the
public pendente lite; but the State of Nevada shall not be required to
give security before the issuance of any such order or injunction
under this section. If a stenographic record of the proceedings in the
hearing before the Co mmissioner was made, a certified transcript
thereof including all evidence taken and the report and findings shall
be received in evidence in such action.
3. If the court finds that:
(a) The method of competition complained of is unfair or
deceptive;
(b) The proceedings by the Commissioner with respect thereto
are to the interest of the public; and
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(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. 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.
5. If the Commissioner’s report made under subsection 1 or
order on hea ring made under NRS 679B.360 does not charge a
violation of NRS 686A.010 to 686A.310, inclusive, and sections 2
to 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.
6. Upon violation of any injunction issued under this section,
the Commissioner, after a hearing thereon, may impose the
appropriate penalties provided for in NRS 686A.187.
Sec. 40. NRS 686A.183 is hereby amended to read as follows:
686A.183 1. After the hearing provided for in NRS
686A.160, the Commissioner shall issue an order on hearing
pursuant to NRS 679B.360. If the Commissioner determines that the
person charged has engaged in an unfair method of competition or
an unfair or deceptive act o r practice in violation of NRS 686A.010
to 686A.310, inclusive, and sections 2 to 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 34.5, inclusive, of this act, payment of an
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 34.5, inclusive, of this act.
2. 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 C ommissioner deems proper, modify or set
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aside, in whole or in part, any order issued by him or her under this
section.
3. 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 or
her under this section whenever in the opinion of the Commissioner
conditions of fact or of law have so changed as to re quire such
action or if the public interest so requires.
Sec. 41. NRS 686A.520 is hereby amended to read as follows:
686A.520 1. The provisions of NRS 683A.341, 683A.451,
683A.461 and 686A.010 to 686A.310, inclusive, and sections 2 to
34.5, inclusive, of this act apply to companies.
2. 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 “company.”
Sec. 42. NRS 689.160 is hereby amended to read as follows:
689.160 1. The provisions of NRS 683A.341, 683A.451,
683A.461 and 686A.010 to 686A.310, inclusive, and sections 2 to
34.5, inclusive, of this act apply to agents and sellers.
2. 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.”
3. The provisions of NRS 679B.230 to 679B.300, inclusive,
apply to 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. The provisions of NRS 683A.301 apply to applicants for and
holders of a seller’s certificate of authority. Unless the context
requires that a provision apply only to an applicant for or holder of a
license as a producer of insurance, any reference in that section to:
(a) An “applicant for a lic ense as a producer of insurance” must
be replaced by a reference to an “applicant for a seller’s certificate
of authority”; and
(b) A “licensee” must be replaced by a reference to a “holder of
a seller’s certificate of authority.”
Sec. 43. NRS 689.595 is hereby amended to read as follows:
689.595 1. The provisions of NRS 683A.341, 683A.451,
683A.461 and 686A.010 to 686A.310, inclusive, and sections 2 to
34.5, inclusive, of this act apply to agents and sellers.
2. 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.”
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3. The provisions of NRS 679B.230 to 679B.300, inclusive,
apply to 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. The provisions of NRS 683A.301 apply to applicants for and
holders of a seller’s permit. Unless the context requires that a
provision apply only to an applicant for or a holder of a license as a
producer of insurance, any reference in that section to:
(a) An “applicant for a license as a producer of insurance” mu st
be replaced by a reference to an “applicant for a seller’s permit”;
and
(b) A “licensee” must be replaced by a reference to a “holder of
a seller’s permit.”
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,
18 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.
2. For the purposes of this section and the provisions set forth
in subsection 1, a nonprofit hospital and medical or dental service
corporation is included in the meaning of the term “insurer.”
Sec. 44. NRS 695C.300 is hereby amended to read as follows:
695C.300 1. No health maintenance organization or
representative thereof may cause or knowingly permit the use of
advertising which is untrue or misleading, solicitation which is
untrue or misleading or any form of evidence o f coverage which is
deceptive. For purposes of this chapter:
(a) A statement or item of information shall be deemed to be
untrue if it does not conform to fact in any respect which is or may
be significant to an enrollee of, or person considering enrollme nt in,
a health care plan.
(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
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is communicated, such statem ent 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 s ignificance to an enrollee of, or person
considering enrollment in, a health care plan if such benefit or
advantage or absence of limitation, exclusion or disadvantage does
not in fact exist.
(c) An evidence of coverage shall be deemed to be deceptive if
the evidence of coverage taken as a whole, and with consideration
given to typography and format as well as language, shall be such as
to cause a reasonable person not possessing special knowledge
regarding health care plans and evidences of coverage there for to
expect benefits, services, charges or other advantages which the
evidence of coverage does not provide or which the health care plan
issuing such evidence of coverage does not regularly make available
for enrollees covered under such evidence of coverage.
2. NRS 686A.010 to 686A.310, inclusive, and sections 2 to
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 main tenance
organizations, health care plans and evidences of coverage render
the sections therein clearly inappropriate.
3. An enrollee may not be cancelled or not renewed except for
the failure to pay the charge for such coverage or for cause as
determined in the master contract.
4. 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 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.
5. No person not certificated under this chapter shall use in its
name, contracts or literature the phrase “health maintenance
organization” or the initials “HMO.”
Sec. 45. NRS 695F.090 is hereby amended to read as follows:
695F.090 1. Prepaid limited health service organizations are
subject to the provisions of this chapter and to the following
provisions, to the extent reasonably applicable:
(a) NRS 686B.010 to 686B.175, inclusive, concerning rates and
essential insurance.
(b) NRS 687B.310 to 687B.420, inclusive, concerning
cancellation and nonrenewal of policies.
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(c) NRS 687B.122 to 687B.128, inclusive, concerning
readability of policies.
(d) The requirements of NRS 679B.152.
(e) The fees imposed pursuant to NRS 449.465.
(f) NRS 686A.010 to 686A.310, inclusive, and sections 2 to
34.5, inclusive, of this act concerning trade practices and frauds.
(g) The assessment imposed pursuant to NRS 679B.700.
(h) Chapter 683A of NRS.
(i) To the extent applicable, the provisions of NRS 689B.340 to
689B.580, inclusive, and chapter 689C of NRS relating to the
portability and availability of health insurance.
(j) NRS 689A.035, 689A.0463, 689A.410, 689A.413 and
689A.415.
(k) NRS 680B.025 to 680B.060, inclusive, concerning premium
tax, premium tax rate, annual report and estimated quarterly tax
payments. For the purposes of this para graph, unless the context
otherwise requires that a section apply only to insurers, any
reference in those sections to “insurer” must be replaced by a
reference to “prepaid limited health service organization.”
(l) Chapter 692C of NRS, concerning holding companies.
(m) NRS 689A.637, concerning health centers.
(n) Chapter 681B of NRS, concerning assets and liabilities.
(o) NRS 682A.400 to 682A.468, inclusive, concerning
investments.
2. For the purposes of this section and the provisions set forth
in su bsection 1, a prepaid limited health service organization is
included in the meaning of the term “insurer.”
Sec. 46. 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 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
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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 accumu lated 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
under this section is subject to the licensing requirements of chapter
683A of NRS, and must be a resident of this State. Any contra ct
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 [,] and sections 2 to 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, 689 B.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 f or active officers and employees
of the governing body, or the dependents of such officers and
employees.
(d) Defray part or all of the cost of maintenance of a self -
insurance fund or of the premiums upon insurance. The money for
contributions must be bud geted 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 participating 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.
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3. In any county in which a legal services organization exists,
the governing body of the county, or of any school district,
municipal corporation, p olitical 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.
4. If a contract is entered into pursuant to subsection 3, the
officers and employees of the legal services organization:
(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 C ommissioner of Insurance for
approval not less than 30 days before the date on which the contract
is to become effective.
(b) Does not become 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 operates a program for legal aid and receives
money pursuant to NRS 19.031.
Sec. 47. 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 [,] and sections 2 to
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.1645, 695G.1665, 695G.167, 695G.1675, 695G.170 to
695G.1712, inclusive, 69 5G.1714 to 695G.174, inclusive,
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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. 48. The amendatory provisions of this act do not apply to
any contract or agreement existing on January 1, 2026, until the
contract or agreement is renewed.
Sec. 49. 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. 50. This act becomes effective on January 1, 2026.
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