1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | A.B. 169 |
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4 | 4 | | |
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5 | 5 | | - *AB169* |
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6 | 6 | | |
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7 | 7 | | ASSEMBLY BILL NO. 169–ASSEMBLYMEMBER YEAGER |
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8 | 8 | | |
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9 | 9 | | PREFILED JANUARY 31, 2025 |
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10 | 10 | | ____________ |
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11 | 11 | | |
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12 | 12 | | Referred to Committee on Commerce and Labor |
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13 | 13 | | |
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14 | 14 | | SUMMARY—Requires that certain health insurance policies and |
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15 | 15 | | health plans cover speech-language pathology for |
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16 | 16 | | certain purposes. (BDR 57-735) |
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17 | 17 | | |
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18 | 18 | | FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. |
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19 | 19 | | Effect on the State: Yes. |
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20 | 20 | | |
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21 | 21 | | CONTAINS UNFUNDED MANDATE (§ 14) |
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22 | 22 | | (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) |
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23 | 23 | | |
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24 | 24 | | ~ |
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25 | 25 | | |
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26 | 26 | | EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. |
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27 | 27 | | |
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28 | 28 | | |
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29 | 29 | | AN ACT relating to insurance; requiring that certain health |
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30 | 30 | | insurance policies and health plans include coverage for |
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31 | 31 | | certain forms of speech-language pathology as treatment |
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32 | 32 | | for stuttering for persons who are less than 18 years of |
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33 | 33 | | age; prohibiting certain limitations on such coverage; and |
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34 | 34 | | providing other matters properly relating thereto. |
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35 | 35 | | Legislative Counsel’s Digest: |
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36 | 36 | | Existing law requires public and private policies of insurance regulated under 1 |
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37 | 37 | | Nevada law to include certain coverage. (NRS 287.010, 287.04335, 422.27172-2 |
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38 | 38 | | 422.272428, 689A.04033-689A.0465, 689B.0303-689B.0379, 689C.1652-3 |
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39 | 39 | | 689C.169, 689C.194, 689C.1945, 689C.195, 689C.425, 695A.184-695A.1875, 4 |
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40 | 40 | | 695A.265, 695B.1901-695B.1948, 695C.050, 695C.1691-695C.176, 695G.162-5 |
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41 | 41 | | 695G.177) Existing law also requires employers to provide certain benefits for 6 |
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42 | 42 | | health care to employees, including the coverage required of health insurers, if the 7 |
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43 | 43 | | employer provides health benefits for its employees. (NRS 608.1555) 8 |
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44 | 44 | | Sections 2, 4-10, 12 and 14-16 of this bill require that certain public and 9 |
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45 | 45 | | private policies of health insurance and health plans, including Medicaid, include 10 |
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46 | 46 | | coverage for habilitative and rehabilitative speech-language pathology as a 11 |
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47 | 47 | | treatment for stuttering for persons who are less than 18 years of age. Sections 1, 2, 12 |
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48 | 48 | | 4-10, 12 and 14-16 of this bill additionally prohibit an insurer from imposing a 13 |
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49 | 49 | | maximum annual limit on the coverage, limiting coverage based on the cause of the 14 |
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50 | 50 | | stuttering or imposing medical management techniques on those benefits. Section 15 |
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51 | 51 | | 13 of this bill makes a conforming change to require the Director of the Department 16 |
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52 | 52 | | of Health and Human Services to administer the provisions of section 16 in the 17 |
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53 | 53 | | same manner as other provisions relating to Medicaid. Section 3 of this bill 18 |
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54 | 54 | | authorizes the Commissioner of Insurance to require that certain policies of health 19 |
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55 | 55 | | – 2 – |
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56 | 56 | | |
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57 | 57 | | |
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58 | 58 | | - *AB169* |
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59 | 59 | | insurance issued by a domestic insurer to a person who resides in another state 20 |
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60 | 60 | | include the coverage required by section 2. Section 11 of this bill authorizes the 21 |
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61 | 61 | | Commissioner to suspend or revoke the certificate of a health maintenance 22 |
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62 | 62 | | organization that fails to comply with the requirements of section 9. The 23 |
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63 | 63 | | Commissioner would also be authorized to take such action against other health 24 |
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64 | 64 | | insurers who fail to comply with the requirements of sections 2, 4-8 or 12. 25 |
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65 | 65 | | (NRS 680A.200) 26 |
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66 | 66 | | |
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67 | 67 | | |
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68 | 68 | | THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN |
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69 | 69 | | SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: |
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70 | 70 | | |
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71 | 71 | | Section 1. NRS 687B.225 is hereby amended to read as 1 |
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72 | 72 | | follows: 2 |
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73 | 73 | | 687B.225 1. Except as otherwise provided in NRS 3 |
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74 | 74 | | 689A.0405, 689A.0412, 689A.0413, 689A.0418, 689A.0437, 4 |
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75 | 75 | | 689A.044, 689A.0445, 689A.0459, 689B.031, 689B.0312, 5 |
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76 | 76 | | 689B.0313, 689B.0315, 689B.0317, 689B.0319, 689B.0374, 6 |
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77 | 77 | | 689B.0378, 689C.1665, 689C.1671, 689C.1675, 689C.1676, 7 |
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78 | 78 | | 695A.1843, 695A.1856, 695A.1865, 695A.1874, 695B.1912, 8 |
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79 | 79 | | 695B.1913, 695B.1914, 695B.1919, 695B.19197, 695B.1924, 9 |
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80 | 80 | | 695B.1925, 695B.1942, 695C.1696, 695C.1699, 695C.1713, 10 |
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81 | 81 | | 695C.1735, 695C.1737, 695C.1743, 695C.1745, 695C.1751, 11 |
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82 | 82 | | 695G.170, 695G.1705, 695G.171, 695G.1714, 695G.1715, 12 |
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83 | 83 | | 695G.1719 [and] 695G.177, and sections 2, 4, 5, 7, 8, 9 and 12 of 13 |
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84 | 84 | | this act, any contract for group, blanket or individual health 14 |
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85 | 85 | | insurance or any contract by a nonprofit hospital, medical or dental 15 |
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86 | 86 | | service corporation or organization for dental care which provides 16 |
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87 | 87 | | for payment of a certain part of medical or dental care may require 17 |
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88 | 88 | | the insured or member to obtain prior authorization for that care 18 |
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89 | 89 | | from the insurer or organization. The insurer or organization shall: 19 |
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90 | 90 | | (a) File its procedure for obtaining approval of care pursuant to 20 |
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91 | 91 | | this section for approval by the Commissioner; and 21 |
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92 | 92 | | (b) Unless a shorter time period is prescribed by a specific 22 |
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93 | 93 | | statute, including, without limitation, NRS 689A.0446, 689B.0361, 23 |
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94 | 94 | | 689C.1688, 695A.1859, 695B.19087, 695C.16932 and 695G.1703, 24 |
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95 | 95 | | respond to any request for approval by the insured or member 25 |
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96 | 96 | | pursuant to this section within 20 days after it receives the request. 26 |
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97 | 97 | | 2. The procedure for prior authorization may not discriminate 27 |
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98 | 98 | | among persons licensed to provide the covered care. 28 |
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99 | 99 | | Sec. 2. Chapter 689A of NRS is hereby amended by adding 29 |
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100 | 100 | | thereto a new section to read as follows: 30 |
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101 | 101 | | 1. An insurer that offers or issues a policy of health 31 |
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102 | 102 | | insurance shall include in the policy coverage for habilitative 32 |
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103 | 103 | | speech-language pathology and rehabilitative speech-language 33 |
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104 | 104 | | – 3 – |
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105 | 105 | | |
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106 | 106 | | |
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107 | 107 | | - *AB169* |
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108 | 108 | | pathology as a treatment for stuttering for insureds who are less 1 |
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109 | 109 | | than 18 years of age. 2 |
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110 | 110 | | 2. An insurer shall not: 3 |
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111 | 111 | | (a) Set a maximum annual limit on the benefits described in 4 |
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112 | 112 | | subsection 1, including, without limitation, a limit on the number 5 |
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113 | 113 | | of annual visits to a speech-language pathologist; 6 |
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114 | 114 | | (b) Limit the benefits described in subsection 1 based on the 7 |
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115 | 115 | | cause of the stuttering; or 8 |
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116 | 116 | | (c) Subject the benefits described in subsection 1 to medical 9 |
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117 | 117 | | management techniques. 10 |
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118 | 118 | | 3. A policy of health insurance subject to the provisions of 11 |
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119 | 119 | | this chapter that is delivered, issued for delivery or renewed on or 12 |
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120 | 120 | | after January 1, 2026, has the legal effect of including the 13 |
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121 | 121 | | coverage required by subsection 1, and any provision of the policy 14 |
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122 | 122 | | that conflicts with the provisions of this section is void. 15 |
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123 | 123 | | 4. As used in this section: 16 |
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124 | 124 | | (a) “Habilitative speech-language pathology” means services 17 |
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125 | 125 | | that constitute the practice of speech-language pathology which 18 |
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126 | 126 | | help a person keep, learn or improve skills and functioning for 19 |
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127 | 127 | | daily living. 20 |
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128 | 128 | | (b) “Medical management technique” means a practice which 21 |
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129 | 129 | | is used to control the cost or use of health care services or 22 |
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130 | 130 | | prescription drugs. The term includes, without limitation, the use 23 |
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131 | 131 | | of step therapy, prior authorization and categorizing drugs and 24 |
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132 | 132 | | devices based on cost, type or method of administration. 25 |
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133 | 133 | | (c) “Practice of speech-language pathology” has the meaning 26 |
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134 | 134 | | ascribed to it in NRS 637B.060. 27 |
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135 | 135 | | (d) “Rehabilitative speech-language pathology” means 28 |
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136 | 136 | | services that constitute the practice of speech-language pathology 29 |
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137 | 137 | | which help a person restore or improve skills and functioning for 30 |
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138 | 138 | | daily living that have been lost or impaired. 31 |
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139 | 139 | | Sec. 3. NRS 689A.330 is hereby amended to read as follows: 32 |
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140 | 140 | | 689A.330 If any policy is issued by a domestic insurer for 33 |
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141 | 141 | | delivery to a person residing in another state, and if the insurance 34 |
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142 | 142 | | commissioner or corresponding public officer of that other state has 35 |
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143 | 143 | | informed the Commissioner that the policy is not subject to approval 36 |
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144 | 144 | | or disapproval by that officer, the Commissioner may by ruling 37 |
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145 | 145 | | require that the policy meet the standards set forth in NRS 689A.030 38 |
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146 | 146 | | to 689A.320, inclusive [.] , and section 2 of this act. 39 |
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147 | 147 | | Sec. 4. Chapter 689B of NRS is hereby amended by adding 40 |
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148 | 148 | | thereto a new section to read as follows: 41 |
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149 | 149 | | 1. An insurer that offers or issues a policy of group health 42 |
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150 | 150 | | insurance shall include in the policy coverage for habilitative 43 |
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151 | 151 | | speech-language pathology and rehabilitative speech-language 44 |
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152 | 152 | | – 4 – |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | - *AB169* |
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156 | 156 | | pathology as a treatment for stuttering for insureds who are less 1 |
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157 | 157 | | than 18 years of age. 2 |
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158 | 158 | | 2. An insurer shall not: 3 |
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159 | 159 | | (a) Set a maximum annual limit on the benefits described in 4 |
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160 | 160 | | subsection 1, including, without limitation, a limit on the number 5 |
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161 | 161 | | of annual visits to a speech-language pathologist; 6 |
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162 | 162 | | (b) Limit the benefits described in subsection 1 based on the 7 |
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163 | 163 | | cause of the stuttering; or 8 |
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164 | 164 | | (c) Subject the benefits described in subsection 1 to medical 9 |
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165 | 165 | | management techniques. 10 |
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166 | 166 | | 3. A policy of group health insurance subject to the 11 |
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167 | 167 | | provisions of this chapter that is delivered, issued for delivery or 12 |
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168 | 168 | | renewed on or after January 1, 2026, has the legal effect of 13 |
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169 | 169 | | including the coverage required by subsection 1, and any 14 |
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170 | 170 | | provision of the policy that conflicts with the provisions of this 15 |
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171 | 171 | | section is void. 16 |
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172 | 172 | | 4. As used in this section: 17 |
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173 | 173 | | (a) “Habilitative speech-language pathology” means services 18 |
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174 | 174 | | that constitute the practice of speech-language pathology which 19 |
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175 | 175 | | help a person keep, learn or improve skills and functioning for 20 |
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176 | 176 | | daily living. 21 |
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177 | 177 | | (b) “Medical management technique” means a practice which 22 |
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178 | 178 | | is used to control the cost or use of health care services or 23 |
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179 | 179 | | prescription drugs. The term includes, without limitation, the use 24 |
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180 | 180 | | of step therapy, prior authorization and categorizing drugs and 25 |
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181 | 181 | | devices based on cost, type or method of administration. 26 |
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182 | 182 | | (c) “Practice of speech-language pathology” has the meaning 27 |
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183 | 183 | | ascribed to it in NRS 637B.060. 28 |
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184 | 184 | | (d) “Rehabilitative speech-language pathology” means 29 |
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185 | 185 | | services that constitute the practice of speech-language pathology 30 |
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186 | 186 | | which help a person restore or improve skills and functioning for 31 |
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187 | 187 | | daily living that have been lost or impaired. 32 |
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188 | 188 | | Sec. 5. Chapter 689C of NRS is hereby amended by adding 33 |
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189 | 189 | | thereto a new section to read as follows: 34 |
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190 | 190 | | 1. A carrier that offers or issues a health benefit plan shall 35 |
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191 | 191 | | include in the plan coverage for habilitative speech-language 36 |
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192 | 192 | | pathology and rehabilitative speech-language pathology as a 37 |
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193 | 193 | | treatment for stuttering for insureds who are less than 18 years of 38 |
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194 | 194 | | age. 39 |
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195 | 195 | | 2. A carrier shall not: 40 |
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196 | 196 | | (a) Set a maximum annual limit on the benefits described in 41 |
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197 | 197 | | subsection 1, including, without limitation, a limit on the number 42 |
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198 | 198 | | of annual visits to a speech-language pathologist; 43 |
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199 | 199 | | (b) Limit the benefits described in subsection 1 based on the 44 |
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200 | 200 | | cause of the stuttering; or 45 |
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201 | 201 | | – 5 – |
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202 | 202 | | |
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203 | 203 | | |
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204 | 204 | | - *AB169* |
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205 | 205 | | (c) Subject the benefits described in subsection 1 to medical 1 |
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206 | 206 | | management techniques. 2 |
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207 | 207 | | 3. A health benefit plan subject to the provisions of this 3 |
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208 | 208 | | chapter that is delivered, issued for delivery or renewed on or after 4 |
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209 | 209 | | January 1, 2026, has the legal effect of including the coverage 5 |
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210 | 210 | | required by subsection 1, and any provision of the plan that 6 |
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211 | 211 | | conflicts with the provisions of this section is void. 7 |
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212 | 212 | | 4. As used in this section: 8 |
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213 | 213 | | (a) “Habilitative speech-language pathology” means services 9 |
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214 | 214 | | that constitute the practice of speech-language pathology which 10 |
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215 | 215 | | help a person keep, learn or improve skills and functioning for 11 |
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216 | 216 | | daily living. 12 |
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217 | 217 | | (b) “Medical management technique” means a practice which 13 |
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218 | 218 | | is used to control the cost or use of health care services or 14 |
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219 | 219 | | prescription drugs. The term includes, without limitation, the use 15 |
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220 | 220 | | of step therapy, prior authorization and categorizing drugs and 16 |
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221 | 221 | | devices based on cost, type or method of administration. 17 |
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222 | 222 | | (c) “Practice of speech-language pathology” has the meaning 18 |
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223 | 223 | | ascribed to it in NRS 637B.060. 19 |
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224 | 224 | | (d) “Rehabilitative speech-language pathology” means 20 |
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225 | 225 | | services that constitute the practice of speech-language pathology 21 |
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226 | 226 | | which help a person restore or improve skills and functioning for 22 |
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227 | 227 | | daily living that have been lost or impaired. 23 |
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228 | 228 | | Sec. 6. NRS 689C.425 is hereby amended to read as follows: 24 |
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229 | 229 | | 689C.425 A voluntary purchasing group and any contract 25 |
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230 | 230 | | issued to such a group pursuant to NRS 689C.360 to 689C.600, 26 |
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231 | 231 | | inclusive, are subject to the provisions of NRS 689C.015 to 27 |
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232 | 232 | | 689C.355, inclusive, and section 5 of this act to the extent 28 |
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233 | 233 | | applicable and not in conflict with the express provisions of NRS 29 |
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234 | 234 | | 687B.408 and 689C.360 to 689C.600, inclusive. 30 |
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235 | 235 | | Sec. 7. Chapter 695A of NRS is hereby amended by adding 31 |
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236 | 236 | | thereto a new section to read as follows: 32 |
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237 | 237 | | 1. A society that offers or issues a benefit contract shall 33 |
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238 | 238 | | include in the contract coverage for habilitative speech-language 34 |
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239 | 239 | | pathology and rehabilitative speech-language pathology as a 35 |
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240 | 240 | | treatment for stuttering for insureds who are less than 18 years of 36 |
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241 | 241 | | age. 37 |
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242 | 242 | | 2. A society shall not: 38 |
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243 | 243 | | (a) Set a maximum annual limit on the benefits described in 39 |
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244 | 244 | | subsection 1, including, without limitation, a limit on the number 40 |
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245 | 245 | | of annual visits to a speech-language pathologist; 41 |
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246 | 246 | | (b) Limit the benefits described in subsection 1 based on the 42 |
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247 | 247 | | cause of the stuttering; or 43 |
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248 | 248 | | (c) Subject the benefits described in subsection 1 to medical 44 |
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249 | 249 | | management techniques. 45 |
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250 | 250 | | – 6 – |
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251 | 251 | | |
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252 | 252 | | |
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253 | 253 | | - *AB169* |
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254 | 254 | | 3. A benefit contract subject to the provisions of this chapter 1 |
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255 | 255 | | that is delivered, issued for delivery or renewed on or after 2 |
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256 | 256 | | January 1, 2026, has the legal effect of including the coverage 3 |
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257 | 257 | | required by subsection 1, and any provision of the contract that 4 |
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258 | 258 | | conflicts with the provisions of this section is void. 5 |
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259 | 259 | | 4. As used in this section: 6 |
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260 | 260 | | (a) “Habilitative speech-language pathology” means services 7 |
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261 | 261 | | that constitute the practice of speech-language pathology which 8 |
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262 | 262 | | help a person keep, learn or improve skills and functioning for 9 |
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263 | 263 | | daily living. 10 |
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264 | 264 | | (b) “Medical management technique” means a practice which 11 |
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265 | 265 | | is used to control the cost or use of health care services or 12 |
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266 | 266 | | prescription drugs. The term includes, without limitation, the use 13 |
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267 | 267 | | of step therapy, prior authorization and categorizing drugs and 14 |
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268 | 268 | | devices based on cost, type or method of administration. 15 |
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269 | 269 | | (c) “Practice of speech-language pathology” has the meaning 16 |
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270 | 270 | | ascribed to it in NRS 637B.060. 17 |
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271 | 271 | | (d) “Rehabilitative speech-language pathology” means 18 |
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272 | 272 | | services that constitute the practice of speech-language pathology 19 |
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273 | 273 | | which help a person restore or improve skills and functioning for 20 |
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274 | 274 | | daily living that have been lost or impaired. 21 |
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275 | 275 | | Sec. 8. Chapter 695B of NRS is hereby amended by adding 22 |
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276 | 276 | | thereto a new section to read as follows: 23 |
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277 | 277 | | 1. A hospital or medical services corporation that offers or 24 |
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278 | 278 | | issues a policy of health insurance shall include in the policy 25 |
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279 | 279 | | coverage for habilitative speech-language pathology and 26 |
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280 | 280 | | rehabilitative speech-language pathology as a treatment for 27 |
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281 | 281 | | stuttering for insureds who are less than 18 years of age. 28 |
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282 | 282 | | 2. A hospital or medical services corporation shall not: 29 |
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283 | 283 | | (a) Set a maximum annual limit on the benefits described in 30 |
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284 | 284 | | subsection 1, including, without limitation, a limit on the number 31 |
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285 | 285 | | of annual visits to a speech-language pathologist; 32 |
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286 | 286 | | (b) Limit the benefits described in subsection 1 based on the 33 |
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287 | 287 | | cause of the stuttering; or 34 |
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288 | 288 | | (c) Subject the benefits described in subsection 1 to medical 35 |
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289 | 289 | | management techniques. 36 |
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290 | 290 | | 3. A policy of health insurance subject to the provisions of 37 |
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291 | 291 | | this chapter that is delivered, issued for delivery or renewed on or 38 |
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292 | 292 | | after January 1, 2026, has the legal effect of including the 39 |
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293 | 293 | | coverage required by subsection 1, and any provision of the policy 40 |
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294 | 294 | | that conflicts with the provisions of this section is void. 41 |
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295 | 295 | | 4. As used in this section: 42 |
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296 | 296 | | (a) “Habilitative speech-language pathology” means services 43 |
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297 | 297 | | that constitute the practice of speech-language pathology which 44 |
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298 | 298 | | – 7 – |
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299 | 299 | | |
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300 | 300 | | |
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301 | 301 | | - *AB169* |
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302 | 302 | | help a person keep, learn or improve skills and functioning for 1 |
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303 | 303 | | daily living. 2 |
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304 | 304 | | (b) “Medical management technique” means a practice which 3 |
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305 | 305 | | is used to control the cost or use of health care services or 4 |
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306 | 306 | | prescription drugs. The term includes, without limitation, the use 5 |
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307 | 307 | | of step therapy, prior authorization and categorizing drugs and 6 |
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308 | 308 | | devices based on cost, type or method of administration. 7 |
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309 | 309 | | (c) “Practice of speech-language pathology” has the meaning 8 |
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310 | 310 | | ascribed to it in NRS 637B.060. 9 |
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311 | 311 | | (d) “Rehabilitative speech-language pathology” means 10 |
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312 | 312 | | services that constitute the practice of speech-language pathology 11 |
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313 | 313 | | which help a person restore or improve skills and functioning for 12 |
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314 | 314 | | daily living that have been lost or impaired. 13 |
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315 | 315 | | Sec. 9. Chapter 695C of NRS is hereby amended by adding 14 |
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316 | 316 | | thereto a new section to read as follows: 15 |
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317 | 317 | | 1. A health maintenance organization that offers or issues a 16 |
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318 | 318 | | health care plan shall include in the plan coverage for habilitative 17 |
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319 | 319 | | speech-language pathology and rehabilitative speech-language 18 |
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320 | 320 | | pathology as a treatment for stuttering for enrollees who are less 19 |
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321 | 321 | | than 18 years of age. 20 |
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322 | 322 | | 2. A health maintenance organization shall not: 21 |
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323 | 323 | | (a) Set a maximum annual limit on the benefits described in 22 |
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324 | 324 | | subsection 1, including, without limitation, a limit on the number 23 |
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325 | 325 | | of annual visits to a speech-language pathologist; 24 |
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326 | 326 | | (b) Limit the benefits described in subsection 1 based on the 25 |
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327 | 327 | | cause of the stuttering; or 26 |
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328 | 328 | | (c) Subject the benefits described in subsection 1 to medical 27 |
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329 | 329 | | management techniques. 28 |
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330 | 330 | | 3. A health care plan subject to the provisions of this chapter 29 |
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331 | 331 | | that is delivered, issued for delivery or renewed on or after 30 |
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332 | 332 | | January 1, 2026, has the legal effect of including the coverage 31 |
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333 | 333 | | required by subsection 1, and any provision of the plan that 32 |
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334 | 334 | | conflicts with the provisions of this section is void. 33 |
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335 | 335 | | 4. As used in this section: 34 |
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336 | 336 | | (a) “Habilitative speech-language pathology” means services 35 |
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337 | 337 | | that constitute the practice of speech-language pathology which 36 |
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338 | 338 | | help a person keep, learn or improve skills and functioning for 37 |
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339 | 339 | | daily living. 38 |
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340 | 340 | | (b) “Medical management technique” means a practice which 39 |
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341 | 341 | | is used to control the cost or use of health care services or 40 |
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342 | 342 | | prescription drugs. The term includes, without limitation, the use 41 |
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343 | 343 | | of step therapy, prior authorization and categorizing drugs and 42 |
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344 | 344 | | devices based on cost, type or method of administration. 43 |
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345 | 345 | | (c) “Practice of speech-language pathology” has the meaning 44 |
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346 | 346 | | ascribed to it in NRS 637B.060. 45 |
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347 | 347 | | – 8 – |
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348 | 348 | | |
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349 | 349 | | |
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350 | 350 | | - *AB169* |
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351 | 351 | | (d) “Rehabilitative speech-language pathology” means 1 |
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352 | 352 | | services that constitute the practice of speech-language pathology 2 |
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353 | 353 | | which help a person restore or improve skills and functioning for 3 |
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354 | 354 | | daily living that have been lost or impaired. 4 |
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355 | 355 | | Sec. 10. NRS 695C.050 is hereby amended to read as follows: 5 |
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356 | 356 | | 695C.050 1. Except as otherwise provided in this chapter or 6 |
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357 | 357 | | in specific provisions of this title, the provisions of this title are not 7 |
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358 | 358 | | applicable to any health maintenance organization granted a 8 |
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359 | 359 | | certificate of authority under this chapter. This provision does not 9 |
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360 | 360 | | apply to an insurer licensed and regulated pursuant to this title 10 |
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361 | 361 | | except with respect to its activities as a health maintenance 11 |
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362 | 362 | | organization authorized and regulated pursuant to this chapter. 12 |
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363 | 363 | | 2. Solicitation of enrollees by a health maintenance 13 |
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364 | 364 | | organization granted a certificate of authority, or its representatives, 14 |
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365 | 365 | | must not be construed to violate any provision of law relating to 15 |
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366 | 366 | | solicitation or advertising by practitioners of a healing art. 16 |
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367 | 367 | | 3. Any health maintenance organization authorized under this 17 |
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368 | 368 | | chapter shall not be deemed to be practicing medicine and is exempt 18 |
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369 | 369 | | from the provisions of chapter 630 of NRS. 19 |
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370 | 370 | | 4. The provisions of NRS 695C.110, 695C.125, 695C.1691, 20 |
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371 | 371 | | 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 21 |
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372 | 372 | | 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, 22 |
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373 | 373 | | 695C.1751, 695C.1755, 695C.1759, 695C.176 to 695C.200, 23 |
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374 | 374 | | inclusive, and 695C.265 do not apply to a health maintenance 24 |
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375 | 375 | | organization that provides health care services through managed 25 |
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376 | 376 | | care to recipients of Medicaid under the State Plan for Medicaid or 26 |
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377 | 377 | | insurance pursuant to the Children’s Health Insurance Program 27 |
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378 | 378 | | pursuant to a contract with the Division of Health Care Financing 28 |
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379 | 379 | | and Policy of the Department of Health and Human Services. This 29 |
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380 | 380 | | subsection does not exempt a health maintenance organization from 30 |
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381 | 381 | | any provision of this chapter for services provided pursuant to any 31 |
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382 | 382 | | other contract. 32 |
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383 | 383 | | 5. The provisions of NRS 695C.16932 to 695C.1699, 33 |
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384 | 384 | | inclusive, 695C.1701, 695C.1708, 695C.1728, 695C.1731, 34 |
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385 | 385 | | 695C.17333, 695C.17345, 695C.17347, 695C.1736 to 695C.1745, 35 |
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386 | 386 | | inclusive, 695C.1757 and 695C.204 and section 9 of this act apply 36 |
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387 | 387 | | to a health maintenance organization that provides health care 37 |
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388 | 388 | | services through managed care to recipients of Medicaid under the 38 |
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389 | 389 | | State Plan for Medicaid. 39 |
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390 | 390 | | 6. The provisions of NRS 695C.17095 do not apply to a health 40 |
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391 | 391 | | maintenance organization that provides health care services to 41 |
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392 | 392 | | members of the Public Employees’ Benefits Program. This 42 |
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393 | 393 | | subsection does not exempt a health maintenance organization from 43 |
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394 | 394 | | any provision of this chapter for services provided pursuant to any 44 |
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395 | 395 | | other contract. 45 |
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396 | 396 | | – 9 – |
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397 | 397 | | |
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398 | 398 | | |
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399 | 399 | | - *AB169* |
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400 | 400 | | 7. The provisions of NRS 695C.1735 do not apply to a health 1 |
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401 | 401 | | maintenance organization that provides health care services to: 2 |
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402 | 402 | | (a) The officers and employees, and the dependents of officers 3 |
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403 | 403 | | and employees, of the governing body of any county, school district, 4 |
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404 | 404 | | municipal corporation, political subdivision, public corporation or 5 |
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405 | 405 | | other local governmental agency of this State; or 6 |
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406 | 406 | | (b) Members of the Public Employees’ Benefits Program. 7 |
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407 | 407 | | This subsection does not exempt a health maintenance 8 |
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408 | 408 | | organization from any provision of this chapter for services 9 |
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409 | 409 | | provided pursuant to any other contract. 10 |
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410 | 410 | | Sec. 11. NRS 695C.330 is hereby amended to read as follows: 11 |
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411 | 411 | | 695C.330 1. The Commissioner may suspend or revoke any 12 |
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412 | 412 | | certificate of authority issued to a health maintenance organization 13 |
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413 | 413 | | pursuant to the provisions of this chapter if the Commissioner finds 14 |
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414 | 414 | | that any of the following conditions exist: 15 |
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415 | 415 | | (a) The health maintenance organization is operating 16 |
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416 | 416 | | significantly in contravention of its basic organizational document, 17 |
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417 | 417 | | its health care plan or in a manner contrary to that described in and 18 |
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418 | 418 | | reasonably inferred from any other information submitted pursuant 19 |
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419 | 419 | | to NRS 695C.060, 695C.070 and 695C.140, unless any amendments 20 |
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420 | 420 | | to those submissions have been filed with and approved by the 21 |
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421 | 421 | | Commissioner; 22 |
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422 | 422 | | (b) The health maintenance organization issues evidence of 23 |
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423 | 423 | | coverage or uses a schedule of charges for health care services 24 |
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424 | 424 | | which do not comply with the requirements of NRS 695C.1691 to 25 |
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425 | 425 | | 695C.200, inclusive, and section 9 of this act, 695C.204 or 26 |
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426 | 426 | | 695C.207; 27 |
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427 | 427 | | (c) The health care plan does not furnish comprehensive health 28 |
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428 | 428 | | care services as provided for in NRS 695C.060; 29 |
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429 | 429 | | (d) The Commissioner certifies that the health maintenance 30 |
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430 | 430 | | organization: 31 |
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431 | 431 | | (1) Does not meet the requirements of subsection 1 of NRS 32 |
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432 | 432 | | 695C.080; or 33 |
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433 | 433 | | (2) Is unable to fulfill its obligations to furnish health care 34 |
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434 | 434 | | services as required under its health care plan; 35 |
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435 | 435 | | (e) The health maintenance organization is no longer financially 36 |
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436 | 436 | | responsible and may reasonably be expected to be unable to meet its 37 |
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437 | 437 | | obligations to enrollees or prospective enrollees; 38 |
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438 | 438 | | (f) The health maintenance organization has failed to put into 39 |
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439 | 439 | | effect a mechanism affording the enrollees an opportunity to 40 |
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440 | 440 | | participate in matters relating to the content of programs pursuant to 41 |
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441 | 441 | | NRS 695C.110; 42 |
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442 | 442 | | (g) The health maintenance organization has failed to put into 43 |
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443 | 443 | | effect the system required by NRS 695C.260 for: 44 |
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444 | 444 | | – 10 – |
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445 | 445 | | |
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446 | 446 | | |
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447 | 447 | | - *AB169* |
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448 | 448 | | (1) Resolving complaints in a manner reasonably to dispose 1 |
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449 | 449 | | of valid complaints; and 2 |
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450 | 450 | | (2) Conducting external reviews of adverse determinations 3 |
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451 | 451 | | that comply with the provisions of NRS 695G.241 to 695G.310, 4 |
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452 | 452 | | inclusive; 5 |
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453 | 453 | | (h) The health maintenance organization or any person on its 6 |
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454 | 454 | | behalf has advertised or merchandised its services in an untrue, 7 |
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455 | 455 | | misrepresentative, misleading, deceptive or unfair manner; 8 |
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456 | 456 | | (i) The continued operation of the health maintenance 9 |
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457 | 457 | | organization would be hazardous to its enrollees or creditors or to 10 |
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458 | 458 | | the general public; 11 |
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459 | 459 | | (j) The health maintenance organization fails to provide the 12 |
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460 | 460 | | coverage required by NRS 695C.1691; or 13 |
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461 | 461 | | (k) The health maintenance organization has otherwise failed to 14 |
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462 | 462 | | comply substantially with the provisions of this chapter. 15 |
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463 | 463 | | 2. A certificate of authority must be suspended or revoked only 16 |
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464 | 464 | | after compliance with the requirements of NRS 695C.340. 17 |
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465 | 465 | | 3. If the certificate of authority of a health maintenance 18 |
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466 | 466 | | organization is suspended, the health maintenance organization shall 19 |
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467 | 467 | | not, during the period of that suspension, enroll any additional 20 |
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468 | 468 | | groups or new individual contracts, unless those groups or persons 21 |
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469 | 469 | | were contracted for before the date of suspension. 22 |
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470 | 470 | | 4. If the certificate of authority of a health maintenance 23 |
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471 | 471 | | organization is revoked, the organization shall proceed, immediately 24 |
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472 | 472 | | following the effective date of the order of revocation, to wind up its 25 |
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473 | 473 | | affairs and shall conduct no further business except as may be 26 |
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474 | 474 | | essential to the orderly conclusion of the affairs of the organization. 27 |
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475 | 475 | | It shall engage in no further advertising or solicitation of any kind. 28 |
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476 | 476 | | The Commissioner may, by written order, permit such further 29 |
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477 | 477 | | operation of the organization as the Commissioner may find to be in 30 |
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478 | 478 | | the best interest of enrollees to the end that enrollees are afforded 31 |
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479 | 479 | | the greatest practical opportunity to obtain continuing coverage for 32 |
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480 | 480 | | health care. 33 |
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481 | 481 | | Sec. 12. Chapter 695G of NRS is hereby amended by adding 34 |
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482 | 482 | | thereto a new section to read as follows: 35 |
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483 | 483 | | 1. A managed care organization that offers or issues a health 36 |
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484 | 484 | | care plan shall include in the plan coverage for habilitative 37 |
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485 | 485 | | speech-language pathology and rehabilitative speech-language 38 |
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486 | 486 | | pathology as a treatment for stuttering for insureds who are less 39 |
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487 | 487 | | than 18 years of age. 40 |
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488 | 488 | | 2. A managed care organization shall not: 41 |
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489 | 489 | | (a) Set a maximum annual limit on the benefits described in 42 |
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490 | 490 | | subsection 1, including, without limitation, a limit on the number 43 |
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491 | 491 | | of annual visits to a speech-language pathologist; 44 |
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492 | 492 | | – 11 – |
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493 | 493 | | |
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494 | 494 | | |
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495 | 495 | | - *AB169* |
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496 | 496 | | (b) Limit the benefits described in subsection 1 based on the 1 |
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497 | 497 | | cause of the stuttering; or 2 |
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498 | 498 | | (c) Subject the benefits described in subsection 1 to medical 3 |
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499 | 499 | | management techniques. 4 |
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500 | 500 | | 3. A health care plan subject to the provisions of this chapter 5 |
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501 | 501 | | that is delivered, issued for delivery or renewed on or after 6 |
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502 | 502 | | January 1, 2026, has the legal effect of including the coverage 7 |
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503 | 503 | | required by subsection 1, and any provision of the plan that 8 |
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504 | 504 | | conflicts with the provisions of this section is void. 9 |
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505 | 505 | | 4. As used in this section: 10 |
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506 | 506 | | (a) “Habilitative speech-language pathology” means services 11 |
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507 | 507 | | that constitute the practice of speech-language pathology which 12 |
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508 | 508 | | help a person keep, learn or improve skills and functioning for 13 |
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509 | 509 | | daily living. 14 |
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510 | 510 | | (b) “Medical management technique” means a practice which 15 |
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511 | 511 | | is used to control the cost or use of health care services or 16 |
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512 | 512 | | prescription drugs. The term includes, without limitation, the use 17 |
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513 | 513 | | of step therapy, prior authorization and categorizing drugs and 18 |
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514 | 514 | | devices based on cost, type or method of administration. 19 |
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515 | 515 | | (c) “Practice of speech-language pathology” has the meaning 20 |
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516 | 516 | | ascribed to it in NRS 637B.060. 21 |
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517 | 517 | | (d) “Rehabilitative speech-language pathology” means 22 |
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518 | 518 | | services that constitute the practice of speech language pathology 23 |
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519 | 519 | | which help a person restore or improve skills and functioning for 24 |
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520 | 520 | | daily living that have been lost or impaired. 25 |
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521 | 521 | | Sec. 13. NRS 232.320 is hereby amended to read as follows: 26 |
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522 | 522 | | 232.320 1. The Director: 27 |
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523 | 523 | | (a) Shall appoint, with the consent of the Governor, 28 |
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524 | 524 | | administrators of the divisions of the Department, who are 29 |
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525 | 525 | | respectively designated as follows: 30 |
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526 | 526 | | (1) The Administrator of the Aging and Disability Services 31 |
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527 | 527 | | Division; 32 |
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528 | 528 | | (2) The Administrator of the Division of Welfare and 33 |
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529 | 529 | | Supportive Services; 34 |
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530 | 530 | | (3) The Administrator of the Division of Child and Family 35 |
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531 | 531 | | Services; 36 |
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532 | 532 | | (4) The Administrator of the Division of Health Care 37 |
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533 | 533 | | Financing and Policy; and 38 |
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534 | 534 | | (5) The Administrator of the Division of Public and 39 |
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535 | 535 | | Behavioral Health. 40 |
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536 | 536 | | (b) Shall administer, through the divisions of the Department, 41 |
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537 | 537 | | the provisions of chapters 63, 424, 425, 427A, 432A to 442, 42 |
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538 | 538 | | inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 43 |
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539 | 539 | | 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and 44 |
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540 | 540 | | section 16 of this act, 422.580, 432.010 to 432.133, inclusive, 45 |
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541 | 541 | | – 12 – |
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542 | 542 | | |
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543 | 543 | | |
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544 | 544 | | - *AB169* |
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545 | 545 | | 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, 1 |
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546 | 546 | | and 445A.010 to 445A.055, inclusive, and all other provisions of 2 |
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547 | 547 | | law relating to the functions of the divisions of the Department, but 3 |
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548 | 548 | | is not responsible for the clinical activities of the Division of Public 4 |
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549 | 549 | | and Behavioral Health or the professional line activities of the other 5 |
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550 | 550 | | divisions. 6 |
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551 | 551 | | (c) Shall administer any state program for persons with 7 |
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552 | 552 | | developmental disabilities established pursuant to the 8 |
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553 | 553 | | Developmental Disabilities Assistance and Bill of Rights Act of 9 |
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554 | 554 | | 2000, 42 U.S.C. §§ 15001 et seq. 10 |
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555 | 555 | | (d) Shall, after considering advice from agencies of local 11 |
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556 | 556 | | governments and nonprofit organizations which provide social 12 |
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557 | 557 | | services, adopt a master plan for the provision of human services in 13 |
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558 | 558 | | this State. The Director shall revise the plan biennially and deliver a 14 |
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559 | 559 | | copy of the plan to the Governor and the Legislature at the 15 |
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560 | 560 | | beginning of each regular session. The plan must: 16 |
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561 | 561 | | (1) Identify and assess the plans and programs of the 17 |
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562 | 562 | | Department for the provision of human services, and any 18 |
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563 | 563 | | duplication of those services by federal, state and local agencies; 19 |
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564 | 564 | | (2) Set forth priorities for the provision of those services; 20 |
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565 | 565 | | (3) Provide for communication and the coordination of those 21 |
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566 | 566 | | services among nonprofit organizations, agencies of local 22 |
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567 | 567 | | government, the State and the Federal Government; 23 |
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568 | 568 | | (4) Identify the sources of funding for services provided by 24 |
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569 | 569 | | the Department and the allocation of that funding; 25 |
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570 | 570 | | (5) Set forth sufficient information to assist the Department 26 |
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571 | 571 | | in providing those services and in the planning and budgeting for the 27 |
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572 | 572 | | future provision of those services; and 28 |
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573 | 573 | | (6) Contain any other information necessary for the 29 |
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574 | 574 | | Department to communicate effectively with the Federal 30 |
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575 | 575 | | Government concerning demographic trends, formulas for the 31 |
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576 | 576 | | distribution of federal money and any need for the modification of 32 |
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577 | 577 | | programs administered by the Department. 33 |
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578 | 578 | | (e) May, by regulation, require nonprofit organizations and state 34 |
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579 | 579 | | and local governmental agencies to provide information regarding 35 |
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580 | 580 | | the programs of those organizations and agencies, excluding 36 |
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581 | 581 | | detailed information relating to their budgets and payrolls, which the 37 |
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582 | 582 | | Director deems necessary for the performance of the duties imposed 38 |
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583 | 583 | | upon him or her pursuant to this section. 39 |
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584 | 584 | | (f) Has such other powers and duties as are provided by law. 40 |
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585 | 585 | | 2. Notwithstanding any other provision of law, the Director, or 41 |
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586 | 586 | | the Director’s designee, is responsible for appointing and removing 42 |
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587 | 587 | | subordinate officers and employees of the Department. 43 |
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588 | 588 | | – 13 – |
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589 | 589 | | |
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590 | 590 | | |
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591 | 591 | | - *AB169* |
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592 | 592 | | Sec. 14. NRS 287.010 is hereby amended to read as follows: 1 |
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593 | 593 | | 287.010 1. The governing body of any county, school 2 |
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594 | 594 | | district, municipal corporation, political subdivision, public 3 |
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595 | 595 | | corporation or other local governmental agency of the State of 4 |
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596 | 596 | | Nevada may: 5 |
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597 | 597 | | (a) Adopt and carry into effect a system of group life, accident 6 |
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598 | 598 | | or health insurance, or any combination thereof, for the benefit of its 7 |
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599 | 599 | | officers and employees, and the dependents of officers and 8 |
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600 | 600 | | employees who elect to accept the insurance and who, where 9 |
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601 | 601 | | necessary, have authorized the governing body to make deductions 10 |
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602 | 602 | | from their compensation for the payment of premiums on the 11 |
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603 | 603 | | insurance. 12 |
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604 | 604 | | (b) Purchase group policies of life, accident or health insurance, 13 |
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605 | 605 | | or any combination thereof, for the benefit of such officers and 14 |
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606 | 606 | | employees, and the dependents of such officers and employees, as 15 |
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607 | 607 | | have authorized the purchase, from insurance companies authorized 16 |
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608 | 608 | | to transact the business of such insurance in the State of Nevada, 17 |
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609 | 609 | | and, where necessary, deduct from the compensation of officers and 18 |
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610 | 610 | | employees the premiums upon insurance and pay the deductions 19 |
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611 | 611 | | upon the premiums. 20 |
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612 | 612 | | (c) Provide group life, accident or health coverage through a 21 |
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613 | 613 | | self-insurance reserve fund and, where necessary, deduct 22 |
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614 | 614 | | contributions to the maintenance of the fund from the compensation 23 |
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615 | 615 | | of officers and employees and pay the deductions into the fund. The 24 |
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616 | 616 | | money accumulated for this purpose through deductions from the 25 |
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617 | 617 | | compensation of officers and employees and contributions of 26 |
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618 | 618 | | the governing body must be maintained as an internal service fund 27 |
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619 | 619 | | as defined by NRS 354.543. The money must be deposited in a state 28 |
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620 | 620 | | or national bank or credit union authorized to transact business in 29 |
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621 | 621 | | the State of Nevada. Any independent administrator of a fund 30 |
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622 | 622 | | created under this section is subject to the licensing requirements of 31 |
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623 | 623 | | chapter 683A of NRS, and must be a resident of this State. Any 32 |
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624 | 624 | | contract with an independent administrator must be approved by the 33 |
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625 | 625 | | Commissioner of Insurance as to the reasonableness of 34 |
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626 | 626 | | administrative charges in relation to contributions collected and 35 |
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627 | 627 | | benefits provided. The provisions of NRS 439.581 to 439.597, 36 |
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628 | 628 | | inclusive, 686A.135, 687B.352, 687B.408, 687B.692, 687B.723, 37 |
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629 | 629 | | 687B.725, 687B.805, 689B.030 to 689B.0317, inclusive, paragraphs 38 |
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630 | 630 | | (b) and (c) of subsection 1 of NRS 689B.0319, subsections 2, 4, 6 39 |
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631 | 631 | | and 7 of NRS 689B.0319, 689B.033 to 689B.0369, inclusive, and 40 |
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632 | 632 | | section 4 of this act, 689B.0375 to 689B.050, inclusive, 689B.0675, 41 |
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633 | 633 | | 689B.265, 689B.287 and 689B.500 apply to coverage provided 42 |
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634 | 634 | | pursuant to this paragraph, except that the provisions of NRS 43 |
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635 | 635 | | 689B.0378, 689B.03785 and 689B.500 only apply to coverage for 44 |
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636 | 636 | | – 14 – |
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637 | 637 | | |
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638 | 638 | | |
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639 | 639 | | - *AB169* |
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640 | 640 | | active officers and employees of the governing body, or the 1 |
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641 | 641 | | dependents of such officers and employees. 2 |
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642 | 642 | | (d) Defray part or all of the cost of maintenance of a self-3 |
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643 | 643 | | insurance fund or of the premiums upon insurance. The money for 4 |
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644 | 644 | | contributions must be budgeted for in accordance with the laws 5 |
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645 | 645 | | governing the county, school district, municipal corporation, 6 |
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646 | 646 | | political subdivision, public corporation or other local governmental 7 |
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647 | 647 | | agency of the State of Nevada. 8 |
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648 | 648 | | 2. If a school district offers group insurance to its officers and 9 |
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649 | 649 | | employees pursuant to this section, members of the board of trustees 10 |
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650 | 650 | | of the school district must not be excluded from participating in the 11 |
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651 | 651 | | group insurance. If the amount of the deductions from compensation 12 |
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652 | 652 | | required to pay for the group insurance exceeds the compensation to 13 |
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653 | 653 | | which a trustee is entitled, the difference must be paid by the trustee. 14 |
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654 | 654 | | 3. In any county in which a legal services organization exists, 15 |
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655 | 655 | | the governing body of the county, or of any school district, 16 |
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656 | 656 | | municipal corporation, political subdivision, public corporation or 17 |
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657 | 657 | | other local governmental agency of the State of Nevada in the 18 |
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658 | 658 | | county, may enter into a contract with the legal services 19 |
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659 | 659 | | organization pursuant to which the officers and employees of the 20 |
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660 | 660 | | legal services organization, and the dependents of those officers and 21 |
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661 | 661 | | employees, are eligible for any life, accident or health insurance 22 |
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662 | 662 | | provided pursuant to this section to the officers and employees, and 23 |
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663 | 663 | | the dependents of the officers and employees, of the county, school 24 |
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664 | 664 | | district, municipal corporation, political subdivision, public 25 |
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665 | 665 | | corporation or other local governmental agency. 26 |
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666 | 666 | | 4. If a contract is entered into pursuant to subsection 3, the 27 |
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667 | 667 | | officers and employees of the legal services organization: 28 |
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668 | 668 | | (a) Shall be deemed, solely for the purposes of this section, to be 29 |
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669 | 669 | | officers and employees of the county, school district, municipal 30 |
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670 | 670 | | corporation, political subdivision, public corporation or other local 31 |
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671 | 671 | | governmental agency with which the legal services organization has 32 |
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672 | 672 | | contracted; and 33 |
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673 | 673 | | (b) Must be required by the contract to pay the premiums or 34 |
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674 | 674 | | contributions for all insurance which they elect to accept or of which 35 |
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675 | 675 | | they authorize the purchase. 36 |
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676 | 676 | | 5. A contract that is entered into pursuant to subsection 3: 37 |
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677 | 677 | | (a) Must be submitted to the Commissioner of Insurance for 38 |
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678 | 678 | | approval not less than 30 days before the date on which the contract 39 |
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679 | 679 | | is to become effective. 40 |
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680 | 680 | | (b) Does not become effective unless approved by the 41 |
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681 | 681 | | Commissioner. 42 |
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682 | 682 | | (c) Shall be deemed to be approved if not disapproved by the 43 |
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683 | 683 | | Commissioner within 30 days after its submission. 44 |
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684 | 684 | | – 15 – |
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685 | 685 | | |
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686 | 686 | | |
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687 | 687 | | - *AB169* |
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688 | 688 | | 6. As used in this section, “legal services organization” means 1 |
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689 | 689 | | an organization that operates a program for legal aid and receives 2 |
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690 | 690 | | money pursuant to NRS 19.031. 3 |
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691 | 691 | | Sec. 15. NRS 287.04335 is hereby amended to read as 4 |
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692 | 692 | | follows: 5 |
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693 | 693 | | 287.04335 If the Board provides health insurance through a 6 |
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694 | 694 | | plan of self-insurance, it shall comply with the provisions of NRS 7 |
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695 | 695 | | 439.581 to 439.597, inclusive, 686A.135, 687B.352, 687B.409, 8 |
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696 | 696 | | 687B.692, 687B.723, 687B.725, 687B.805, 689B.0353, 689B.255, 9 |
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697 | 697 | | 695C.1723, 695G.150, 695G.155, 695G.160, 695G.162, 10 |
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698 | 698 | | 695G.1635, 695G.164, 695G.1645, 695G.1665, 695G.167, 11 |
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699 | 699 | | 695G.1675, 695G.170 to 695G.1712, inclusive, 695G.1714 to 12 |
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700 | 700 | | 695G.174, inclusive, and section 12 of this act, 695G.176, 13 |
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701 | 701 | | 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 14 |
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702 | 702 | | 695G.310, inclusive, 695G.405 and 695G.415, in the same manner 15 |
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703 | 703 | | as an insurer that is licensed pursuant to title 57 of NRS is required 16 |
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704 | 704 | | to comply with those provisions. 17 |
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705 | 705 | | Sec. 16. Chapter 422 of NRS is hereby amended by adding 18 |
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706 | 706 | | thereto a new section to read as follows: 19 |
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707 | 707 | | 1. To the extent federal financial participation is available, 20 |
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708 | 708 | | the Director shall include under Medicaid coverage for 21 |
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709 | 709 | | habilitative speech-language pathology and rehabilitative speech-22 |
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710 | 710 | | language pathology as a treatment for stuttering for persons who 23 |
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711 | 711 | | are less than 18 years of age. 24 |
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712 | 712 | | 2. Except where necessary to obtain federal financial 25 |
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713 | 713 | | participation, the Department shall not: 26 |
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714 | 714 | | (a) Set a maximum annual limit on the benefits described in 27 |
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715 | 715 | | subsection 1, including, without limitation, a limit on the number 28 |
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716 | 716 | | of annual visits to a speech-language pathologist; 29 |
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717 | 717 | | (b) Limit the benefits described in subsection 1 based on the 30 |
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718 | 718 | | cause of the stuttering; or 31 |
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719 | 719 | | (c) Subject the benefits described in subsection 1 to medical 32 |
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720 | 720 | | management techniques. 33 |
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721 | 721 | | 3. The Department shall: 34 |
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722 | 722 | | (a) Apply to the Secretary of Health and Human Services for 35 |
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723 | 723 | | any waiver of federal law or apply for any amendment of the State 36 |
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724 | 724 | | Plan for Medicaid that is necessary for the Department to receive 37 |
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725 | 725 | | federal funding to provide the coverage described in subsection 1. 38 |
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726 | 726 | | (b) Fully cooperate in good faith with the Federal Government 39 |
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727 | 727 | | during the application process to satisfy the requirements of the 40 |
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728 | 728 | | Federal Government for obtaining a waiver or amendment 41 |
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729 | 729 | | pursuant to paragraph (a). 42 |
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730 | 730 | | 4. As used in this section: 43 |
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731 | 731 | | (a) “Habilitative speech-language pathology” means services 44 |
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732 | 732 | | that constitute the practice of speech-language pathology which 45 |
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733 | 733 | | – 16 – |
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734 | 734 | | |
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735 | 735 | | |
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736 | 736 | | - *AB169* |
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737 | 737 | | help a person keep, learn or improve skills and functioning for 1 |
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738 | 738 | | daily living. 2 |
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739 | 739 | | (b) “Medical management technique” means a practice which 3 |
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740 | 740 | | is used to control the cost or use of health care services or 4 |
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741 | 741 | | prescription drugs. The term includes, without limitation, the use 5 |
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742 | 742 | | of step therapy, prior authorization and categorizing drugs and 6 |
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743 | 743 | | devices based on cost, type or method of administration. 7 |
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744 | 744 | | (c) “Practice of speech-language pathology” has the meaning 8 |
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745 | 745 | | ascribed to it in NRS 637B.060. 9 |
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746 | 746 | | (d) “Rehabilitative speech-language pathology” means 10 |
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747 | 747 | | services that constitute the practice of speech-language pathology 11 |
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748 | 748 | | which help a person restore or improve skills and functioning for 12 |
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749 | 749 | | daily living that have been lost or impaired. 13 |
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750 | 750 | | Sec. 17. The provisions of NRS 354.599 do not apply to any 14 |
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751 | 751 | | additional expenses of a local government that are related to the 15 |
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752 | 752 | | provisions of this act. 16 |
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753 | 753 | | Sec. 18. 1. This section becomes effective upon passage and 17 |
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754 | 754 | | approval. 18 |
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755 | 755 | | 2. Sections 1 to 17, inclusive, of this act become effective: 19 |
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756 | 756 | | (a) Upon passage and approval for the purpose of adopting any 20 |
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757 | 757 | | regulations and performing any other preparatory administrative 21 |
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758 | 758 | | tasks that are necessary to carry out the provisions of this act; and 22 |
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759 | 759 | | (b) On January 1, 2026, for all other purposes. 23 |
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760 | 760 | | |
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761 | 761 | | H |
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