Referred to Committee on Health and Human Services
SUMMARY--Requires each policy of health insurance to authorize female insured and her infant to remain in medical facility for minimum number of hours after parturition. (BDR 57-320)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to health care; requiring each policy of health insurance, health benefit plan, health maintenance plan and prepaid limited health service organization to authorize a female insured and her infant to remain in a medical facility for a minimum number of hours after parturition; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each policy of health insurance must authorize a female insured for whom parturition is covered and her infant to remain in a medical facility after giving birth for:
(a) Not less than 48 hours if she gave birth through a normal vaginal delivery; or
(b) Not less than 96 hours if she underwent a cesarean section.
2. A female insured and her provider of health care shall jointly determine when to discharge the insured and her infant from the medical facility after parturition, and nothing in this section requires the insured or infant to remain in the medical facility for any fixed amount of time.
3. A policy of health insurance subject to the provisions of this section that is delivered, issued for delivery or renewed on or after October 1, 1997, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal that is in conflict with this section is void.
4. For the purposes of this section, "medical facility" has the meaning ascribed to it in NRS 449.0151.
Sec. 2. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each policy of group health insurance must authorize a female insured for whom parturition is covered and her infant to remain in a medical facility after giving birth for:
(a) Not less than 48 hours if she gave birth through a normal vaginal delivery; or
(b) Not less than 96 hours if she underwent a cesarean section.
2. A female insured and her provider of health care shall jointly determine when to discharge the insured and her infant from the medical facility after parturition, and nothing in this section requires the insured or infant to remain in the medical facility for any fixed amount of time.
3. A policy of group health insurance subject to the provisions of this section that is delivered, issued for delivery or renewed on or after October 1, 1997, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal that is in conflict with this section is void.
4. For the purposes of this section, "medical facility" has the meaning ascribed to it in NRS 449.0151.
Sec. 3. Chapter 689C of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. 1. Each health benefit plan offered by a carrier pursuant to this chapter must authorize a female insured for whom parturition is covered and her infant to remain in a medical facility after giving birth for:
(a) Not less than 48 hours if she gave birth through a normal vaginal delivery; or
(b) Not less than 96 hours if she underwent a cesarean section.
2. A female insured and her provider of health care shall jointly determine when to discharge the insured and her infant from the medical facility after parturition, and nothing in this section requires the insured or infant to remain in the medical facility for any fixed amount of time.
3. A health benefit plan subject to the provisions of this section that is delivered, issued for delivery or renewed on or after October 1, 1997, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal that is in conflict with this section is void.
4. For the purposes of this section, "medical facility" has the meaning ascribed to it in NRS 449.0151.
Sec. 5. 1. Each contract offered by a carrier to a voluntary purchasing group must authorize a female insured for whom parturition is covered and her infant to remain in a medical facility after giving birth for:
(a) Not less than 48 hours if she gave birth through a normal vaginal delivery; or
(b) Not less than 96 hours if she underwent a cesarean section.
2. A female insured and her provider of health care shall jointly determine when to discharge the insured and her infant from the medical facility after parturition, and nothing in this section requires the insured or infant to remain in the medical facility for any fixed amount of time.
3. A contract subject to the provisions of this section that is delivered, issued for delivery or renewed on or after October 1, 1997, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal that is in conflict with this section is void.
4. For the purposes of this section, "medical facility" has the meaning ascribed to it in NRS 449.0151.
Sec. 6. NRS 689C.015 is hereby amended to read as follows:
689C.015As used in NRS 689C.015 to 689C.350, inclusive, and section 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 689C.025 to 689C.095, inclusive, have the meanings ascribed to them in those sections.
Sec. 7. NRS 689C.360 is hereby amended to read as follows:
689C.360As used in NRS 689C.360 to 689C.600, inclusive, and section 5 of this act, unless the context otherwise requires, the words and terms defined in NRS 689C.360 to 689C.420, inclusive, have the meanings ascribed to them in those sections.
Sec. 8. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each policy of health insurance issued by a hospital or medical service corporation must authorize a female insured for whom parturition is covered and her infant to remain in a medical facility after giving birth for:
(a) Not less than 48 hours if she gave birth through a normal vaginal delivery; or
(b) Not less than 96 hours if she gave birth through a cesarean section.
2. A female insured and her provider of health care shall jointly determine when to discharge the insured and her infant from the medical facility after parturition, and nothing in this section requires the insured or infant to remain in the medical facility for any fixed amount of time.
3. A policy of health insurance issued by a hospital or medical service corporation subject to the provisions of this section that is delivered, issued for delivery or renewed on or after October 1, 1997, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal that is in conflict with this section is void.
4. For the purposes of this section, "medical facility" has the meaning ascribed to it in NRS 449.0151.
Sec. 9. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each health maintenance plan must authorize a female insured for whom parturition is covered and her infant to remain in a medical facility after giving birth for:
(a) Not less than 48 hours if she gave birth through a normal vaginal delivery; or
(b) Not less than 96 hours if she underwent a cesarean section.
2. A female insured and her provider of health care shall jointly determine when to discharge the insured and her infant from the medical facility after parturition, and nothing in this section requires the insured or infant to remain in the medical facility for any fixed amount of time.
3. A policy subject to the provisions of this section that is delivered, issued for delivery or renewed on or after October 1, 1997, has the legal effect of including the coverage required by this section, and any provision of the policy or the renewal that is in conflict with this section is void.
4. For the purposes of this section, "medical facility" has the meaning ascribed to it in NRS 449.0151.
Sec. 10. NRS 695C.050 is hereby amended to read as follows:
695C.0501. 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 chapter. This provision does not apply to an insurer licensed and regulated pursuant to this Title 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 organization 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.170 to 695C.200, inclusive, and section 9 of this act, 695C.250, 695C.260 and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid pursuant to a contract with the welfare division of the department of human resources. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
Sec. 11. Chapter 695F of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each prepaid limited health service organization shall authorize a female insured for whom parturition is covered and her infant to remain in a medical facility after giving birth for:
(a) Not less than 48 hours if she gave birth through a normal vaginal delivery; or
(b) Not less than 96 hours if she underwent a cesarean section.
2. A female insured and her provider of health care shall jointly determine when to discharge the insured and her infant from the medical facility after parturition, and nothing in this section requires the insured or infant to remain in the medical facility for any fixed amount of time.
3. A policy or contract subject to the provisions of this section that is delivered, issued for delivery or renewed on or after October 1, 1997, has the legal effect of including the coverage required by this section, and any provision of the policy, contract or the renewal that is in conflict with this section is void.
4. For the purposes of this section, "medical facility" has the meaning ascribed to it in NRS 449.0151.
Sec. 12. 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 public 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 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 authorized to transact business in the State of Nevada. Any independent administrator of a fund created [under] pursuant to 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 689B.030 to 689B.050, inclusive, and section 2 of this act, apply to coverage provided pursuant to this paragraph.
(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 budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public 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.
Sec. 13. The provisions of this act apply to all contracts for health insurance entered into or renewed on or after October 1, 1997.