The federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 prohibits group health plans and health insurance issuers that provide benefits for mental health or substance use disorders from imposing less favorable benefit limitations on those benefits than on medical and surgical benefits. (Pub. L. No. 110-343, 122 Stat. 3765) Existing law requires certain health insurers or other organizations providing health coverage to comply with the Act. Existing law additionally requires the Commissioner of Insurance to annually prescribe and provide to each such insurer or other organization a data request that solicits information necessary to evaluate the compliance of an insurer or other organization with the Act. Under existing law, an insurer or other organization is required to either complete the data request and submit it to the Commissioner or submit to the Commissioner a copy of a report submitted to the Federal Government demonstrating compliance with the Act. (NRS 687B.404) This bill requires the data request or the report to be submitted to the Commissioner in accordance with the System for Electronic Rate and Form Filing developed and implemented by the National Association of Insurance Commissioners. Under existing law, any information provided to the Commissioner in the data request or report is confidential. (NRS 687B.404) This bill instead provides that such information is a public record except for personally identifiable information of a consumer and any information determined by the Commissioner to constitute a trade secret, which are confidential. This bill sets forth certain standards for the making of a determination by the Commissioner as to whether information provided to the Commissioner in the data request or report constitutes a trade secret.

Statutes affected:
As Introduced: 687B.404
Reprint 1: 687B.404
Reprint 2: 687B.404
As Enrolled: 687B.404
BDR: 687B.404