2022 Nevada Revised Statutes
Chapter 695K - Public Option
NRS 695K.200 - Design, establishment and operation; availability; requirements; premiums. [Effective January 1, 2026, through December 31, 2029.] Design, establishment and operation; availability; requirements. [Effective January 1, 2030.]
1. The Director, in consultation with the Commissioner and the Executive Director of the Exchange, shall design, establish and operate a health benefit plan known as the Public Option.
2. The Director:
(a) Shall make the Public Option available:
(1) As a qualified health plan through the Exchange to natural persons who reside in this State and are eligible to enroll in such a plan through the Exchange under the provisions of 45 C.F.R. § 155.305; and
(2) For direct purchase as a policy of individual health insurance by any natural person who resides in this State. The provisions of chapter 689A of NRS and other applicable provisions of this title apply to the Public Option when offered as a policy of individual health insurance.
(b) May make the Public Option available to small employers in this State or their employees to the extent authorized by federal law. The provisions of chapter 689C of NRS and other applicable provisions of this title apply to the Public Option when it is offered as a policy of health insurance for small employers.
(c) Shall comply with all state and federal laws and regulations applicable to insurers when carrying out the provisions of this chapter, to the extent that such laws and regulations are not waived.
3. The Public Option must:
(a) Be a qualified health plan, as defined in 42 U.S.C. § 18021; and
(b) Provide at least levels of coverage consistent with the actuarial value of one silver plan and one gold plan.
4. Except as otherwise provided in this section, the premiums for the Public Option:
(a) Must be at least 5 percent lower than the reference premium for that zip code; and
(b) Must not increase in any year by a percentage greater than the increase in the Medicare Economic Index for that year.
5. The Director, in consultation with the Commissioner and the Executive Director of the Exchange, may revise the requirements of subsection 4, provided that the average premiums for the Public Option must be at least 15 percent lower than the average reference premium in this State over the first 4 years in which the Public Option is in operation.
6. As used in this section:
(a) "Gold plan" means a qualified health plan that meets the requirements established by 42 U.S.C. § 18022 for a gold level plan.
(b) "Health benefit plan" means a policy, contract, certificate or agreement to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.
(c) "Medicare Economic Index" means the Medicare Economic Index, as designated by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services pursuant to 42 C.F.R. § 405.504.
(d) "Reference premium" means, for any zip code, the lower of:
(1) The premium for the second-lowest cost silver level plan available through the Exchange in the zip code during the 2024 plan year, adjusted by the percentage change in the Medicare Economic Index between January 1, 2024, and January 1 of the year to which a premium applies; or
(2) The premium for the second-lowest cost silver level plan available through the Exchange in the zip code during the year immediately preceding the year to which a premium applies.
(e) "Silver plan" means a qualified health plan that meets the requirements established by 42 U.S.C. § 18022 for a silver level plan.
(f) "Small employer" has the meaning ascribed to it in 42 U.S.C. § 18024(b)(2).
(Added to NRS by 2021, 3617, effective January 1, 2026)
1. The Director, in consultation with the Commissioner and the Executive Director of the Exchange, shall design, establish and operate a health benefit plan known as the Public Option.
2. The Director:
(a) Shall make the Public Option available:
(1) As a qualified health plan through the Exchange to natural persons who reside in this State and are eligible to enroll in such a plan through the Exchange under the provisions of 45 C.F.R. § 155.305; and
(2) For direct purchase as a policy of individual health insurance by any natural person who resides in this State. The provisions of chapter 689A of NRS and other applicable provisions of this title apply to the Public Option when offered as a policy of individual health insurance.
(b) May make the Public Option available to small employers in this State or their employees to the extent authorized by federal law. The provisions of chapter 689C of NRS and other applicable provisions of this title apply to the Public Option when it is offered as a policy of health insurance for small employers.
(c) Shall comply with all state and federal laws and regulations applicable to insurers when carrying out the provisions of this chapter, to the extent that such laws and regulations are not waived.
3. The Public Option must:
(a) Be a qualified health plan, as defined in 42 U.S.C. § 18021; and
(b) Provide at least levels of coverage consistent with the actuarial value of one silver plan and one gold plan.
4. As used in this section:
(a) "Gold plan" means a qualified health plan that meets the requirements established by 42 U.S.C. § 18022 for a gold level plan.
(b) "Health benefit plan" means a policy, contract, certificate or agreement to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.
(c) "Silver plan" means a qualified health plan that meets the requirements established by 42 U.S.C. § 18022 for a silver level plan.
(d) "Small employer" has the meaning ascribed to it in 42 U.S.C. § 18024(b)(2).
(Added to NRS by 2021, 3617; A 2021, 3645, effective January 1, 2030)
