Existing law requires a health carrier to submit to the Commissioner of Insurance copies of certain form letters used by the health carrier. (NRS 679B.124) Section 1 of this bill requires a health carrier to instead: (1) submit to the Commissioner a report summarizing such form letters; and (2) maintain a copy of each form letter and make each copy available to the Commissioner upon request.
Existing law sets forth circumstances under which the Commissioner is authorized or required to hold a hearing on certain matters and establishes procedures governing such hearings. (NRS 679B.310) Section 3 of this bill revises requirements concerning such hearings. Section 47 of this bill makes a conforming change that is necessary as the result of the changes in section 3.
Existing law requires the Attorney General to establish a Fraud Control Unit for Insurance for the purposes of investigating and prosecuting acts of insurance fraud. (NRS 228.412) Existing law authorizes a district attorney of a county to prosecute certain cases involving insurance fraud with the permission of or at the request of the Attorney General. (NRS 686A.283) Existing law makes confidential certain records and information relating to an investigation conducted by the Attorney General and the Fraud Control Unit for the prosecution of insurance fraud and sets forth the circumstances under which the Attorney General is authorized to disclose such information. (NRS 679B.690) Section 4 of this bill: (1) makes confidential certain additional records and information relating to an investigation for the prosecution of insurance fraud; (2) requires, with certain exceptions, such records and information to remain confidential for the duration of the investigation and after the conclusion of the investigation; and (3) sets forth circumstances in which a district attorney prosecuting a case of insurance fraud is also authorized to disclose such information.
Existing law sets forth certain requirements for an insurer to deliver certain notices or other documents by electronic means. Among other requirements, existing law requires the party to whom the notice or document will be delivered to have consented to delivery by electronic means. (NRS 680A.550) Sections 4.2 and 4.8 of this bill authorize the plan sponsor of a health plan to provide such consent on behalf of a party covered by the plan under certain circumstances. Section 4.2 requires a plan sponsor to take certain actions before providing such consent and an insurer to take certain actions before delivering any notice or other document to a party on whose behalf a plan sponsor has provided such consent. Finally, section 4.2 requires a notice of cancellation, nonrenewal or termination of a health plan to be sent to a party covered by the health plan by mail unless the notice is delivered by electronic means in a manner that provides for the verification of the receipt of the notice. Sections 4.4 and 4.6 of this bill make conforming changes to indicate the proper placement of section 4.2 in the Nevada Revised Statutes.
Existing law sets forth various fees applicable to persons regulated by the Commissioner. Among these fees is a fee for a licensee's association with or appointment or sponsorship by an organization. (NRS 680B.010) A fee for a licensee's “appointment” by an organization refers to the fee associated with the appointment by an insurer of a person to offer policies on behalf of the insurer. (NRS 697.185, 697.250) A fee for a licensee's “association with” or “sponsorship by” an organization refers to the fee associated with the designation by an agent of an insurer of a natural person who is a licensee to represent the agent or to be responsible for the compliance of the agent with laws and regulations governing insurance. (NRS 683C.035, 684A.080, 684A.090, 684B.040, 697.184, 697.185, 697.250) Sections 16-18, 20, 40, 41 and 42 of this bill revise provisions concerning the licensure of certain persons regulated by the Commissioner to clarify and standardize the circumstances in which an agent of an insurer is required to designate a natural person to represent the agent or to be responsible for the agent's compliance with the laws and regulations governing insurance and is therefore required to pay the applicable fee. Section 5 of this bill revises the terminology used to describe such a fee to refer to that fee as one for a licensee's association with or designation or sponsorship by an organization. The amount of such fees remains unchanged. Section 5 removes certain duplicative fees, and sections 33-35 make conforming changes necessitated by the renumbering of section 5.
Section 14 of this bill revises the requirements for an application for the issuance of a license as a managing general agent. Section 7 of this bill authorizes the Commissioner to require an applicant for the issuance of a license as a managing general agent to file and maintain with the Commissioner a surety bond in an amount determined by the Commissioner.
Existing law prohibits a person from acting as an administrator unless the person holds a certificate of registration issued by the Commissioner. (NRS 683A.085) Existing law also imposes certain requirements and restrictions on a pharmacy benefit manager. (NRS 683A.171-683A.179) Section 9 of this bill revises the definition of “administrator” to include specifically any person who administers a program of pharmacy benefits for an employer, insurer, internal service fund or trust. Sections 11 and 12 of this bill revise requirements for the issuance and renewal of a certificate of registration as an administrator. Sections 10.5 and 13 of this bill authorize an administrator who has obtained a certificate of registration issued by the Commissioner to delegate any of the duties of the administrator to an administrator who has not obtained a certificate of registration only if the delegating administrator has first obtained the written approval of the Commissioner. Section 8 of this bill requires an administrator to notify the Commissioner of certain changes to the administrator. Section 10 of this bill makes a conforming change to indicate the proper placement of section 8 in the Nevada Revised Statutes.
Existing law authorizes the Commissioner to issue to a person a temporary license as a producer of insurance and independent adjuster and a temporary certificate as an exchange enrollment facilitator, which, in general, are valid for not more than 180 days. (NRS 683A.311, 684A.150, 695J.190) Sections 15, 19 and 36 of this bill authorize the Commissioner to renew such a license or certificate for one additional period of 180 days under certain circumstances.
Existing law prohibits certain insurers from moving a prescription drug in a formulary from a lower cost tier to a higher cost tier under certain policies of health insurance issued to an individual or a small employer, except at certain times and under certain circumstances. However, existing law does not prohibit an insurer from, at any time, removing a prescription drug from a formulary and adding a prescription drug to a formulary. (NRS 687B.4095) Section 22 of this bill prohibits certain insurers who have removed a prescription drug from a formulary from adding that prescription drug back into the formulary in a higher cost tier in the same plan year in which it was removed, except at the times and under the circumstances provided for under existing law.
Sections 23 and 24 of this bill revise provisions relating to annuities for consistency with the Standard Nonforfeiture Law for Individual Deferred Annuities adopted by the National Association of Insurance Commissioners.
Existing law imposes certain requirements and restrictions on an applicant for a license as a producer of insurance or a licensee who wishes to use a name other than his or her true name to conduct business. (NRS 683A.301) Sections 25 and 27 of this bill make these requirements and restrictions applicable to an applicant for or a holder of a certificate of authority to sell prepaid contracts for funeral services or a permit to sell prepaid contracts for burial services. Section 26 of this bill requires a person to have a good business and personal reputation to qualify for an agent's license to sell prepaid contracts for burial services on behalf of a seller.
Section 28 of this bill revises the definition of “health benefit plan” that is applicable to provisions of existing law governing health insurance for small employers to standardize the definition of the term with other provisions of existing law governing health benefit plans.
Existing law sets forth certain requirements relating to the confidentiality and disclosure of certain records and information relating to an insurer. (NRS 679B.285) Section 29 of this bill applies those requirements to certain records and information relating to a captive insurer. Sections 30-32 of this bill revise the dates by which certain captive insurers are required to submit certain information to the Commissioner.
Existing law sets forth procedures and requirements for delinquency proceedings against an insurer. (Chapter 696B of NRS) Existing law sets forth the manner in which a delinquency proceeding must be commenced. (NRS 696B.250) Section 37 of this bill provides that the Nevada Rules of Civil Procedure do not apply to the commencement of a delinquency proceeding. Section 38 of this bill eliminates certain duplicative statutory language with respect to the powers of the Commissioner as a receiver, rehabilitator or liquidator of an insurer.
Existing law sets forth certain requirements for a person to obtain and renew a license as a bail agent, including, without limitation, the requirement that the person be a resident of this State and have resided in this State for not less than 1 year immediately preceding the date of the application for licensure. (NRS 697.150) Sections 39.4 and 39.6 of this bill provide for the issuance of a nonresident license as a bail agent to a nonresident person who is licensed as a bail agent in his or her home state and set forth certain requirements to obtain such a license. Section 39.3 of this bill defines the term “home state.” Section 39.5 of this bill makes a conforming change to indicate the proper placement of section 39.3 in the Nevada Revised Statutes. Sections 39.6, 39.7, 39.8, 41.3 and 41.6 of this bill exempt an applicant for the issuance or renewal of a nonresident license as a bail agent from certain requirements otherwise applicable to the issuance or renewal of a license as a bail agent.
Existing law requires a bail agent to maintain a place of business in this State accessible to the public. (NRS 697.280) Existing law requires a bail agent, before acting as an attorney-in-fact for an insurer on an undertaking, to register in the office of the sheriff and with the clerk of the district court in which the agent resides. (NRS 697.270) Section 42.5 of this bill requires a person who holds a nonresident license as a bail agent to instead register with the office of the sheriff and with the clerk of the district court in which the place of business of the bail agent is located.
Existing law sets forth certain requirements for a bail agent and bail enforcement agent with respect to the apprehension of a defendant and the surrender of a defendant to custody. (NRS 178.526, 697.325) Sections 43 and 46 of this bill establish that only a bail enforcement agent is authorized to take certain actions with respect to the apprehension and surrender of a defendant. Section 45 of this bill prohibits a bail agent, general agent, bail enforcement agent or bail solicitor from allowing any person other than a licensed bail enforcement agent to participate in the functions of a bail enforcement agent.
Existing law requires a bail agent or bail enforcement agent, before forcibly entering an inhabited dwelling, to notify the local law enforcement agency of the jurisdiction where the dwelling is located. Existing law defines “inhabited dwelling” to mean, in general, certain structures, buildings or vehicles in which the owner or other lawful occupant resides. (NRS 697.325) Section 43: (1) eliminates the term “inhabited dwelling”; (2) imposes certain requirements and restrictions on a bail enforcement agent with respect to the entry and forcible entry of any structure, as defined in section 43; and (3) imposes certain requirements and restrictions with respect to the use of physical force by a bail enforcement agent. Section 44 of this bill provides that a bail agent who improperly causes the surrender of a defendant to custody is not entitled to collect any fees related to the surrender.
Statutes affected: As Introduced: 679B.124, 679B.190, 679B.310, 679B.690, 680B.010, 683A.025, 683A.0805, 683A.08522, 683A.08526, 683A.086, 683A.160, 683A.311, 683C.035, 684A.080, 684A.090, 684A.150, 684B.040, 687B.320, 687B.4095, 688A.363, 688A.369, 689.160, 689.520, 689.595, 689C.075, 694C.160, 694C.195, 694C.388, 694C.400, 695B.320, 695C.055, 695D.095, 695J.190, 696B.190, 696B.255, 696B.290, 697.184, 697.185, 697.250, 697.325, 697.330, 697.340, 178.526, 315.725
Reprint 1: 679B.124, 679B.310, 679B.690, 680A.500, 680A.530, 680A.550, 680B.010, 683A.025, 683A.0805, 683A.085, 683A.08522, 683A.08526, 683A.086, 683A.160, 683A.311, 683C.035, 684A.080, 684A.090, 684A.150, 684B.040, 687B.4095, 688A.363, 688A.369, 689.160, 689.520, 689.595, 689C.075, 694C.160, 694C.195, 694C.388, 694C.400, 695B.320, 695C.055, 695D.095, 695J.190, 696B.190, 696B.255, 696B.290, 697.184, 697.185, 697.250, 697.325, 697.330, 697.340, 178.526, 315.725
Reprint 2: 679B.124, 679B.310, 679B.690, 680A.500, 680A.530, 680A.550, 680B.010, 683A.025, 683A.0805, 683A.085, 683A.08522, 683A.08526, 683A.086, 683A.160, 683A.311, 683C.035, 684A.080, 684A.090, 684A.150, 684B.040, 687B.4095, 688A.363, 688A.369, 689.160, 689.520, 689.595, 689C.075, 694C.160, 694C.195, 694C.388, 694C.400, 695B.320, 695C.055, 695D.095, 695J.190, 696B.190, 696B.255, 696B.290, 697.020, 697.150, 697.180, 697.183, 697.184, 697.185, 697.200, 697.230, 697.250, 697.270, 697.325, 697.330, 697.340, 178.526, 315.725
As Enrolled: 679B.124, 679B.310, 679B.690, 680A.500, 680A.530, 680A.550, 680B.010, 683A.025, 683A.0805, 683A.085, 683A.08522, 683A.08526, 683A.086, 683A.160, 683A.311, 683C.035, 684A.080, 684A.090, 684A.150, 684B.040, 687B.4095, 688A.363, 688A.369, 689.160, 689.520, 689.595, 689C.075, 694C.160, 694C.195, 694C.388, 694C.400, 695B.320, 695C.055, 695D.095, 695J.190, 696B.190, 696B.255, 696B.290, 697.020, 697.150, 697.180, 697.183, 697.184, 697.185, 697.200, 697.230, 697.250, 697.270, 697.325, 697.330, 697.340, 178.526, 315.725
BDR: 679B.124, 679B.190, 679B.310, 679B.690, 680B.010, 683A.025, 683A.0805, 683A.08522, 683A.08526, 683A.086, 683A.160, 683A.311, 683C.035, 684A.080, 684A.090, 684A.150, 684B.040, 687B.320, 687B.4095, 688A.363, 688A.369, 689.160, 689.520, 689.595, 689C.075, 694C.160, 694C.195, 694C.388, 694C.400, 695B.320, 695C.055, 695D.095, 695J.190, 696B.190, 696B.255, 696B.290, 697.184, 697.185, 697.250, 697.325, 697.330, 697.340, 178.526, 315.725