2022 Nevada Revised Statutes
Chapter 687B - Contracts of Insurance
NRS 687B.404 - Compliance of certain insurers or organizations providing health coverage with certain federal laws regarding mental health and addiction. [Effective through December 31, 2021.] Adherence by insurer or organization providing health coverage to certain federal laws regarding mental health and addiction data request; submission of data or report to Commissioner; confidentiality of information; report by Commissioner; regulations. [Effective January 1, 2022.]
An insurer or other organization providing health coverage pursuant to chapter 689B, 695A, 695B, 695C or 695F of NRS shall comply with the provisions of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Public Law 110-343, Division C, Title V, Subtitle B, and any federal regulations issued pursuant thereto.
(Added to NRS by 2009, 1785)
1. An insurer or other organization providing health coverage pursuant to chapter 689A, 689B, 689C, 695A, 695B, 695C, 695F or 695G of NRS, including, without limitation, a health maintenance organization or managed care organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid, shall adhere to the applicable provisions of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Public Law 110-343, Division C, Title V, Subtitle B, and any federal regulations issued pursuant thereto.
2. On or before July 1 of each year, the Commissioner shall prescribe and provide to each insurer or other organization providing health coverage subject to the provisions of subsection 1 a data request that solicits information necessary to evaluate the compliance of an insurer or other organization with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Public Law 110-343, Division C, Title V, Subtitle B, including, without limitation, the comparative analyses specified in 42 U.S.C. § 300gg-26(a)(8).
3. On or before October 1 of each year, each insurer or other organization providing health coverage subject to the provisions of subsection 1 shall:
(a) Complete and submit to the Commissioner the data request prescribed pursuant to subsection 2; or
(b) Submit to the Commissioner a copy of a report submitted by the insurer or other organization to the Federal Government demonstrating compliance with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Public Law 110-343, Division C, Title V, Subtitle B, including, without limitation, the comparative analyses specified in 42 U.S.C. § 300gg-26(a)(8). The Commissioner may request from an insurer or other organization who submits a copy of such a report any supplemental information necessary to determine whether the insurer or other organization is in compliance with that federal law.
4. Any information provided by an insurer or other organization to the Commissioner pursuant to subsection 3 is confidential.
5. On or before December 31 of each year, the Commissioner shall compile a report summarizing the information submitted to the Commissioner pursuant to this section and submit the report to:
(a) The Patient Protection Commission created by NRS 439.908;
(b) The Governor; and
(c) The Director of the Legislative Counsel Bureau for transmittal to:
(1) In even-numbered years, the next regular session of the Legislature; and
(2) In odd-numbered years, the Joint Interim Standing Committee on Health and Human Services.
6. The Commissioner may adopt any regulations necessary to carry out the provisions of this section.
(Added to NRS by 2009, 1785; A 2021, 870, effective January 1, 2022)
