Bill > AB250

Introduced Session

Legislative Counsel's Digest: Existing federal law establishes the Medicare program, which is a public health insurance program for persons 65 years of age and older and specified persons with disabilities who are under 65 years of age. (42 U.S.C. 1395 et seq.) Existing federal regulations define the term Medicare supplemental policy to mean a policy offered by a private insurer that is primarily designed to pay expenses not reimbursed under Medicare because of certain limitations under Medicare. (42 C.F.R. 403.205) Existing state law authorizes the Commissioner of Insurance to adopt regulations relating to the form, content and sale of policies of insurance which provide for the payment of expenses which are not covered by Medicare, including Medicare supplemental policies. (NRS 687B.430) Sections 1, 3 and 4 of this bill require an insurer offering a Medicare supplemental policy or the Public Employees Benefits Program or any local government that provides a similar policy for public employees to offer an open enrollment period for persons covered by such policies, during which the insurer or governmental entity is prohibited from placing certain restrictions on the issuance of such a policy. Section 2 of this bill makes a conforming change to apply the provisions of section 1 to nonprofit hospital and medical or dental service corporations that issue such policies. SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 687B of NRS is hereby amended by adding thereto a new section to read as follows: 1. An insurer that issues a Medicare supplemental policy shall offer to a person currently insured under any such policy an annual open enrollment period commencing with the first day of the birthday month of the person and remaining open for at least 60 days thereafter, during which the person may purchase any Medicare supplemental policy made available by the insurer in this State that includes the same or lesser benefits. Innovative benefits, as described in 42 U.S.C. 1395ss(p)(4)(B), must not be considered when determining whether a Medicare supplemental policy includes the same benefits as or lesser benefits than another such policy. 2. During the open enrollment period offered pursuant to subsection 1, an insurer shall not deny or condition the issuance or effectiveness, or discriminate in the price of coverage, of a Medicare supplemental policy based on the health status, claims experience, receipt of health care or medical condition of a person described in subsection 1. 3. At least 30 days before the beginning of the open enrollment period offered pursuant to subsection 1 but not more than 60 days before the beginning of that period, an insurer that issues a Medicare supplemental policy shall notify each person to whom the open enrollment period applies of: (a) The dates on which the open enrollment period begins and ends and the rights of the person established by the provisions of this section; and (b) Any modification to the benefits provided by the policy under which the person is currently insured or adjustment to the premiums charged for that policy. 4. As used in this section, Medicare supplemental policy has the meaning ascribed to it in 42 C.F.R. 403.205 and additionally includes policies offered by public entities that otherwise meet the requirements of that section. Sec. 2. NRS 695B.320 is hereby amended to read as follows: 695B.320 1. Nonprofit hospital and medical or dental service corporations are subject to the provisions of this chapter, and to the provisions of chapters 679A and 679B of NRS, NRS 686A.010 to 686A.315, inclusive, 687B.010 to 687B.040, inclusive, 687B.070 to 687B.140, inclusive, 687B.150, 687B.160, 687B.180, 687B.200 to 687B.255, inclusive, 687B.270, 687B.310 to 687B.380, inclusive, 687B.410, 687B.420, 687B.430, 687B.500 and chapters 692B, 692C, 693A and 696B of NRS, and section 1 of this act, to the extent applicable and not in conflict with the express provisions of this chapter. 2. For the purposes of this section and the provisions set forth in subsection 1, a nonprofit hospital and medical or dental service corporation is included in the meaning of the term insurer.

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Sandra Jauregui (D)*,  Melissa Hardy (R), 

Approved by the Governor. Chapter 187. (on 05/28/2021)

Official Document