SUMMARY--Makes various changes concerning domestic violence. (BDR 57-935)
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 domestic violence; prohibiting certain insurers from denying a claim, refusing to issue a policy or canceling a policy solely because the claim involves domestic violence or because the insured or applicant was the victim of domestic violence; requiring the division of child and family services of the department of human resources to establish a task force concerning the elimination of the impact of domestic violence on children; and providing other matters properly relating thereto.
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:
An insurer shall not deny a claim, refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the health insurance policy was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.
Sec. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
An insurer shall not deny a claim, refuse to issue a policy of group health insurance or cancel a policy of group health insurance solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the policy of group health insurance was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.
Sec. 3. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:
An insurer shall not deny a claim, refuse to issue a health benefit plan or cancel a health benefit plan solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the health benefit plan was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.
Sec. 4. NRS 689C.015 is hereby amended to read as follows:
689C.015As used in NRS 689C.015 to 689C.350, inclusive, and section 3 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. 5. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
A society shall not deny a claim, refuse to issue a benefit contract or cancel a benefit contract solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the benefit contract was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.
Sec. 6. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
A corporation shall not deny a claim, refuse to issue a contract for hospital, medical or dental services or cancel a contract for hospital, medical or dental services solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the contract was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.
Sec. 7. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
A health maintenance organization shall not deny a claim, refuse to issue a policy or cancel a policy solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the policy was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.
Sec. 8. Chapter 695D of NRS is hereby amended by adding thereto a new section to read as follows:
An organization for dental care shall not deny a claim, refuse to issue a policy or cancel a policy solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the policy was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury.
Sec. 9. NRS 695F.090 is hereby amended to read as follows:
695F.090Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions of this Title, to the extent reasonably applicable:
1. NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.
2. NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.
3. The requirements of NRS 679B.152.
4. The fees imposed pursuant to NRS 449.465.
5. NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.
6. The assessment imposed pursuant to subsection 3 of NRS 679B.158.
7. Chapter 683A of NRS.
8. Section 1 of this act.
Sec. 10. 1. The division of child and family services of the department of human resources, in consultation with the Nevada domestic violence prevention council, shall establish and coordinate a task force to review the role of agencies that provide protective services to children and criminal justice agencies in eliminating the impact of domestic violence on children.
2. The task force established pursuant to subsection 1 must include, without limitation:
(a) One law enforcement officer;
(b) One representative from a child protective service agency;
(c) One representative from an agency that advocates to prevent domestic violence;
(d) One representative from an agency that advocates for the rights of children;
(e) One representative from an office of the district attorney or an office of the city attorney with experience in prosecuting criminal offenses; and
(f) One justice of the supreme court, judge of a district court, justice of the peace or municipal judge.
3. The task force established pursuant to subsection 1 shall submit a report, including, without limitation, its findings and recommendations, on or before March 1, 1999, to the director of the legislative counsel bureau for distribution to the next regular session of the legislature. The task force shall provide a copy of the report to the office of the attorney general for its review to ensure compliance with federal mandates not less than 30 days before the task force submits the report to the director of the legislative counsel bureau.