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2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.315 - Prepaid contracts: Maintenance and administration of trust fund; exception.

1. Except as otherwise provided in subsection 2:
(a) The seller shall establish and maintain a trust fund with an authorized trustee, for the benefit of the beneficiary of the prepaid contract, in accordance with the trust agreement filed with and approved by the Commissioner.
(b) The seller shall maintain unimpaired and shall deposit in the trust fund, within 15 days after the end of the month in which payment was received, all installments received on prepaid contracts sold after the sales commission has been deducted.
(c) The trustee shall, with respect to the money in the trust fund, exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their money, considering the probable income as well as the probable safety of their capital. Within the limitations of such standards, and subject to any express provision or limitation contained in any particular trust instrument, a trustee may acquire and retain every kind of investment, specifically including bonds, debentures and other corporate obligations and stocks, preferred or common, which persons of prudence, discretion and intelligence acquire or retain for their own account.
(d) Except as otherwise provided in NRS 689.150 to 689.375, inclusive, or the trust agreement approved in writing by the Commissioner or as may be required by an order of a court of competent jurisdiction, the trustees shall maintain the trust fund intact and unimpaired and shall make no other payment or disbursement from the trust fund.
2. The requirements of subsection 1 do not apply if:
(a) The prepaid contract is payable solely from the proceeds of a policy of life insurance; and
(b) The seller of the prepaid contract does not collect any money from the purchaser of the prepaid contract.
(Added to NRS by 1971, 1399; A 1987, 1266; 1997, 1626; 2007, 3324)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.325 - Prepaid contracts: Distributions to seller from trust fund; required amounts for reserve and liabilities in trust fund; filing of financial reports by trustee; fee and penalty related to such reports; determination of total value of trust.

1. Not more than 75 percent of the earnings of such investments, including capital gains, as they accrue and are received, may be disbursed by the trustee to the seller or the designee of the seller. The remainder of any earnings must be held by the trustee to establish a reserve for securities valuation until the reserve equals 25 percent of the total trust liabilities.
2. The trustee shall maintain in the trust fund an amount of money equal to 125 percent of the total trust liabilities.
3. If money in the trust fund is invested or reinvested in:
(a) Securities which are issued or guaranteed by the United States of America;
(b) Bonds of this state or the bonds of any other state;
(c) Bonds of counties or municipalities of any state;
(d) Deposits in any bank, credit union, savings and loan association or savings bank that is federally insured or insured by a private insurer approved pursuant to NRS 672.755; or
(e) With the written approval of the Commissioner, any investment which would have guaranteed liquidity,
then no earnings of those investments, including capital gains, if any, as such earnings accrue and are received, may be disbursed by the trustee to the seller or the designee of the seller which would reduce the corpus of the trust fund below 100 percent of the required value of the trust. Earnings in excess of 100 percent of the required value of the trust or 125 percent of the total trust liability, whichever is appropriate, may be distributed annually.
4. Earnings are defined as any sum remaining in the trust fund after deducting costs of administration over and above 100 percent of the required value of the trust.
5. Every trustee handling money in a trust fund pursuant to NRS 689.150 to 689.375, inclusive, shall file with the Commissioner, within 15 days after the first day of each calendar quarter, a financial statement showing the activity of all trusts required to be maintained by any seller and the total market value of each trust as of the first day of the calendar quarter. The statement must be on forms prescribed and adopted by the Commissioner. Every quarterly report must be accompanied by a fee of $10. If the statement is not received by the Commissioner as required, the Commissioner may, after giving the seller 10 days’ written notice, revoke the seller’s certificate of authority.
6. The trust must be valued quarterly and averaged annually to determine the total value of the trust. If the average market value as of December 31 of each year is below 100 percent of the required value of the trust or 125 percent of the total trust liability, the Commissioner may suspend the seller’s certificate of authority until the deficiency is made up.
(Added to NRS by 1971, 1399; A 1987, 1267; 1999, 1551)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.345 - Prepaid contracts: Net purchase price required to be available upon notice by buyer, estate or heirs of intent to terminate.

The net purchase price of the preneed contract shall be available to the buyer or the estate or heirs of the buyer at any time prior to performing the service described in the preneed contract upon written notice to the seller and trustee of the intent of the buyer or the estate or heirs of the buyer to terminate the preneed contract and withdraw trust funds attributable to the buyer.
(Added to NRS by 1971, 1400)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.355 - Prepaid contracts: Termination upon notice from buyer or demise of beneficiary; action by trustee or seller.

1. Except as otherwise provided in subsection 2, if the buyer moves to another geographic area beyond the normal facilities of the seller and performers under the prepaid contract, the contract automatically terminates upon the buyer’s written notice to the seller and trustee of the buyer’s move and of the buyer’s desire to terminate the contract. The trustee, as soon as reasonably possible after receipt of the notice, shall refund to the buyer all money in the trust fund, including earned interest, held for the buyer’s account.
2. If the contract continues in force and the buyer is not in default thereunder, upon the demise of the contract beneficiary, the contract automatically terminates. Upon termination, the seller shall refund to the buyer or to the representative or estate of the buyer, or transfer to a substituted performer, if any, all money paid on the contract.
(Added to NRS by 1971, 1400; A 1987, 1268; 2001, 2216)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.365 - Prepaid contracts: Termination on insolvency or other inability of seller to perform unless assigned; distribution of money in trust fund.

1. An executory prepaid contract automatically terminates if the seller or any performer under the contract goes out of business, dies, becomes insolvent or bankrupt, makes an assignment for the benefit of creditors or is otherwise unable to fulfill the obligations under the contract unless, within 30 days after the going out of business, death, insolvency or bankruptcy of the seller, or within any extension of time granted by the Commissioner, the contract is assigned to a holder of a valid seller’s certificate of authority who agrees in writing to accept the liabilities under the contract and agrees to fulfill all obligations set forth therein.
2. Upon any such termination, the money in the trust fund, including earned interest, held by the trustee for the account of the buyer must be distributed by the trustee to the buyer or to a qualified seller or performer assuming the outstanding contractual liabilities, as authorized by the Commissioner.
(Added to NRS by 1971, 1400; A 1987, 1268; 2001, 2216)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.375 - Records of seller; examination by Commissioner.

1. Every seller shall keep:
(a) Accurate accounts, books and records of all transactions;
(b) Copies of all agreements and dates and amounts of payments made and accepted;
(c) The names and addresses of the contracting parties; and
(d) The persons for whose benefit the payments are accepted and the names of the depositories in which the payments are deposited.
2. The seller shall keep within this State, at the address shown upon the certificate of authority, complete records of all transactions made under the certificate of authority of the seller. Those records and the affairs of the seller are subject to audit and examination by the Commissioner at any reasonable time. The seller shall keep such records for not less than 5 years after the completion of all transactions to which they relate.
(Added to NRS by 1971, 1401; A 1987, 1269)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.450 - Definitions.

As used in NRS 689.450 to 689.595, inclusive, unless the context otherwise requires, the words and terms defined in NRS 689.455 to 689.475, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1987, 1251)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.455 - "Burial merchandise" defined.

"Burial merchandise" means those items normally supplied by a cemetery authority under a preneed sales agreement, including urns, memorials, scrolls, vases, foundations, bases and other similar merchandise, but does not include the sale of space for interment, entombment or inurnment.
(Added to NRS by 1987, 1251)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.465 - "Cemetery authority" defined.

"Cemetery authority" means any natural person, partnership, corporation, association or cemetery district owning or controlling lands or property for a cemetery and engaged in the operation of a cemetery in this State which provides endowment care or sells burial merchandise or services under prepaid contracts.
(Added to NRS by 1987, 1251; A 1993, 2617)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.475 - "Prepaid contract" defined.

1. "Prepaid contract" means any contract under which, for a specified consideration paid in advance in a lump sum or by installments or payable solely from the proceeds of a policy of life insurance, the seller of the contract guarantees or promises, either before or upon the death of a beneficiary named in or otherwise ascertainable from the contract, to provide burial services and to furnish adaptable or suitable personal property, merchandise, supplies or facilities in connection with such services.
2. "Prepaid contract" does not include a contract of insurance or any instrument in writing whereby any charitable, religious, benevolent or fraternal benefit society, corporation, association, institution or organization, not having for its object or purpose pecuniary profit, promises or agrees to embalm, inter or otherwise dispose of the remains of any person, or to procure or pay the expenses, or any part thereof, for embalming, interring or otherwise disposing of the remains of any person.
(Added to NRS by 1987, 1252; A 2007, 3324)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.480 - Unlawful acts; exception.

1. It is unlawful for any person to receive, hold, control or manage money or proceeds received or derived from the sale of, or from a contract to sell, any personal property, equipment, merchandise or supplies of any description not then already existing, available, deliverable and suitable for use in, or for the performance of, any services connected with the interment, entombment or inurnment of the remains of any deceased person, whether any such payment is made in lump sum or on an installment basis, before the demise of the contract beneficiary for whom purchased, unless the provisions of NRS 689.450 to 689.595, inclusive, are complied with.
2. The provisions of subsection 1 do not apply to:
(a) The sale of grave plots, interests in land of a cemetery or space in a mausoleum vault or crypt or columbarium niche by any cemetery authority otherwise authorized to make such sales under NRS 689.450 to 689.595, inclusive, which sales must be separated and distinctly defined in any agreement for burial merchandise and services.
(b) A bona fide prepaid agreement whereby a cemetery authority is to furnish burial merchandise and services to a person who has a medically diagnosed terminal illness and which agreement is entered into and fully performed by the cemetery authority within 60 days of the date medically predicted for the demise of the beneficiary named in any such agreement.
(Added to NRS by 1987, 1252)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.485 - Permit required for cemetery authority to offer or sell burial merchandise or services under prepaid contract; exception; administrative fine.

1. It is unlawful for any cemetery authority, or any person on behalf of a cemetery authority, to offer or sell any burial merchandise or services under a prepaid contract unless the cemetery authority has been issued a seller’s permit by the Commissioner.
2. Subsection 1 does not apply to cemeteries owned and operated by governmental agencies.
3. A person who offers or sells any burial merchandise or services under a prepaid contract in this state in violation of the provisions of this section is subject to an administrative fine of not more than $1,000 for each violation.
(Added to NRS by 1987, 1252; A 1993, 2617; 2001, 2217)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.495 - Permit: Surety bond or deposit required; replacement bond; release of deposit; waiver.

1. Except as otherwise provided in subsection 2:
(a) Before the issuance of a permit to a seller, the seller shall post with the Commissioner and thereafter maintain in force a bond which complies with NRS 679B.175 and is in an amount determined by the Commissioner, which must be not less than $50,000, or a deposit of cash or negotiable securities or a combination of cash and negotiable securities. If a deposit is made in lieu of a bond, the deposit must at all times have a market value not less than the amount of the bond required by the Commissioner.
(b) The bond or deposit must be held for the benefit of buyers of prepaid contracts, and other persons as their interests may appear, who may be damaged by misuse or diversion of money by the seller or the agents of the seller, or to satisfy any judgments against the seller for failure to perform a prepaid contract. The aggregate liability of the surety for all breaches of the conditions of the bond must not exceed the sum of the bond.
(c) A replacement bond must meet all requirements of this subsection for the initial bond.
(d) The Commissioner shall release the deposit after the seller has ceased doing business as such and the Commissioner is satisfied of the nonexistence of any obligation or liability of the seller for which the deposit was held.
2. The Commissioner may waive the requirements of subsection 1 if the seller agrees:
(a) To offer for sale only prepaid contracts that are payable solely from the proceeds of a policy of life insurance; and
(b) Not to collect any money from the purchaser of a prepaid contract.
(Added to NRS by 1987, 1253; A 1993, 2617; 2007, 3325; 2017, 2357; 2021, 2973)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.500 - Permit: Issuance; denial.

1. If the Commissioner finds that the application is complete, that the cemetery authority is in compliance with all requirements therefor, that the applicant otherwise qualifies under the provisions of NRS 689.450 to 689.595, inclusive, and upon satisfactory evidence that a burial merchandise and service trust fund has been established, the Commissioner shall issue a seller’s permit to the applicant.
2. The Commissioner shall refuse to issue a seller’s permit to any applicant who does not comply with or otherwise meet the requirements of NRS 689.450 to 689.595, inclusive. Upon such refusal, the Commissioner shall give written notice thereof to the applicant setting forth the reasons for the refusal.
(Added to NRS by 1987, 1253; A 1993, 2618)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.505 - Permit: Period of validity; renewal; fees for renewal; expiration.

1. Each seller’s permit issued or renewed pursuant to NRS 689.450 to 689.595, inclusive, continues in effect for 3 years unless it is suspended, revoked or otherwise terminated.
2. The Commissioner shall renew a seller’s permit upon receiving a written request for renewal from the seller, accompanied by all applicable fees for renewal, which are not refundable, if the Commissioner finds that the seller is, at that time, in compliance with all applicable provisions of NRS 689.450 to 689.595, inclusive.
3. A permit which is not renewed expires on the renewal date. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the expiration of the permit if the request is accompanied by a fee for renewal of 150 percent of all applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110.
4. As used in this section, "renewal date" means:
(a) For the first renewal of the permit, the last day of the month which is 3 years after the month in which the Commissioner originally issued the permit.
(b) For each renewal after the first renewal of the permit, the last day of the month which is 3 years after the month in which the permit was last due to be renewed.
(Added to NRS by 1987, 1254; A 1993, 2618; 2009, 1809; 2021, 2974)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.510 - Permit: Revocation; suspension.

1. After giving written notice of charges to the seller, not less than 30 days in advance of a hearing, the Commissioner may, after the hearing, revoke the seller’s permit if the seller:
(a) Obtained the permit through misrepresentation or concealment of a material fact;
(b) Is no longer qualified for such a permit; or
(c) Violates any provision of NRS 689.450 to 689.595, inclusive, or any lawful order or regulation of the Commissioner.
2. If a seller is found to be in violation of paragraph (c) of subsection 1, the Commissioner may, in lieu of revocation, suspend the seller’s permit for a period not to exceed 90 days.
(Added to NRS by 1987, 1254; A 1993, 2618)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.515 - Agent’s license required to solicit sale of prepaid contract on behalf of seller; exception; administrative fine.

1. It is unlawful for any person to solicit the sale of a prepaid contract in this state on behalf of a seller unless the person holds a valid agent’s license issued by the Commissioner.
2. This section does not apply to a seller who holds a valid seller’s permit.
3. A person who solicits the sale of a prepaid contract in this state without a license or seller’s permit is subject to an administrative fine of not more than $1,000 for each violation.
(Added to NRS by 1987, 1254; A 1993, 2619; 2001, 2217)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.525 - Agent’s license: Issuance; denial.

1. If the Commissioner finds that the application is complete and the applicant meets the requirements of NRS 689.520 after an investigation not to exceed 30 days, the Commissioner shall issue at the request of the holder of a valid seller’s permit an agent’s license to the applicant.
2. If the license is denied the Commissioner shall immediately notify the applicant and the seller that the applicant was to represent setting forth the reasons for the denial.
(Added to NRS by 1987, 1255; A 1993, 2619)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.535 - Agent’s license: Revocation; suspension.

The Commissioner may proceed against an agent’s license in the same manner as provided in NRS 689.510 if the agent:
1. Obtained the license through misrepresentation or concealment of a material fact.
2. Is no longer qualified for such a license.
3. Knowingly violates any provision of NRS 689.450 to 689.595, inclusive, or any lawful order or regulation of the Commissioner.
(Added to NRS by 1987, 1255)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.540 - Prepaid contracts: Content; entire agreement; rescission.

1. All forms for a prepaid contract offered or sold in this state must contain:
(a) The names and addresses of the seller, buyer, beneficiary and trustee and of each performer;
(b) A clear and unambiguous statement of the services and merchandise to be supplied and by whom;
(c) The purchase price of each item of supply or service and how payable;
(d) The date and place of execution;
(e) Other reasonable and appropriate provisions as prescribed by the Commissioner by regulation;
(f) The full percentage of the sales commission to be retained by the seller;
(g) The seller’s or his or her agent’s signature on the original contract and his or her identification by name and title on any duplicate copy of the contract given to the buyer;
(h) A provision in 14-point type or larger, stating in substance that the buyer is permitted to return the contract within 10 days after its delivery to the buyer and to have the full purchase price or amount paid thereon refunded if the buyer is not satisfied with it for any reason; and
(i) In print on its face sheet, in 14-point type or larger, a notice stating, "This is not an insurance contract."
2. The written contract, when signed, constitutes the entire agreement between the parties relative to its subject matter.
3. If the buyer, pursuant to the provision required by paragraph (h) of subsection 1, returns the contract to the seller at the branch or home office of the seller or to the agent through whom it was purchased, the contract is void from the beginning and the parties return to the same position they occupied before the contract was entered into.
(Added to NRS by 1987, 1255)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.545 - Prepaid contracts: Filing and approval and disapproval of forms; waiting period.

1. A seller shall not offer, sell or deliver in this state any prepaid contract unless the form of the contract has been filed with and approved in writing by the Commissioner.
2. The Commissioner shall disapprove any form of contract which the Commissioner finds:
(a) Printed or reproduced in such a manner as to be substantially illegible in whole or in part;
(b) Contains ambiguous or misleading provisions, clauses or titles;
(c) Includes or combines in the prepaid contract provisions for the purchase of cemetery plots and existing burial spaces, unless such sales are separated and distinctly defined as burial merchandise and services; or
(d) Does not comply or is inconsistent with any applicable requirement of NRS 689.450 to 689.595, inclusive,
or for other good cause shown.
3. No amendment or modification of any form may be made unless the amendment or modification has been filed with and approved in writing by the Commissioner.
4. Each filing is subject to a waiting period of up to 30 days before it becomes effective.
5. Upon written application by the holder of a seller’s permit, the Commissioner may authorize a filing which the Commissioner has reviewed to become effective before the expiration of the waiting period or any extension thereof.
6. A filing shall be deemed to meet the requirements of NRS 689.450 to 689.595, inclusive, unless disapproved by the Commissioner within the waiting period or any extension thereof.
(Added to NRS by 1987, 1256; A 1993, 2619)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.550 - Prepaid contracts: Credit life insurance.

If the purchase price for a prepaid contract is to be paid in installments, the seller may make available to the buyer credit life insurance on a form and terms filed with and approved by the Commissioner. The buyer must be provided with a certificate of the credit insurance by the seller or as otherwise required by the Commissioner.
(Added to NRS by 1987, 1256)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.560 - Prepaid contracts: Maintenance and administration of trust fund; exception.

1. Except as otherwise provided in subsection 2:
(a) The seller shall establish and maintain a trust fund with an authorized trustee, for the benefit of the beneficiary of the prepaid contract, in accordance with the trust agreement filed with and approved by the Commissioner.
(b) The seller shall maintain unimpaired and shall deposit in the trust fund, within 15 days after the end of the month in which payment was received, all installments received on prepaid contracts sold after the sales commission has been deducted.
(c) The trustee shall, with respect to the money in the trust fund, exercise the judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their money, considering the probable income as well as the probable safety of their capital. Within the limitations of such standards, and subject to any express provision or limitation contained in any particular trust instrument, a trustee may acquire and retain every kind of investment, specifically including bonds, debentures and other corporate obligations and stocks, preferred or common, which persons of prudence, discretion and intelligence acquire or retain for their own account.
(d) The trustee shall, except as otherwise provided in NRS 689.450 to 689.595, inclusive, or the trust agreement approved in writing by the Commissioner or as may be required by an order of a court of competent jurisdiction, maintain the trust fund intact and unimpaired and not make any payment or disbursement from the trust fund.
2. The requirements of subsection 1 do not apply if:
(a) The prepaid contract is payable solely from the proceeds of a policy of life insurance; and
(b) The seller of the prepaid contract does not collect any money from the purchaser of the prepaid contract.
(Added to NRS by 1987, 1257; A 1997, 1627; 2007, 3325)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.565 - Prepaid contracts: Distributions to seller from trust fund; required amounts for reserve and liabilities in trust fund; filing of financial reports by trustee; fee and penalty related to such reports; determination of total value of trust.

1. Not more than 60 percent of the earnings of such investments, including capital gains, as they accrue and are received, may be disbursed by the trustee to the seller or his or her designee. The remainder of any earnings must be held by the trustee to establish a reserve for securities valuation until the reserve equals 40 percent of the total trust liabilities.
2. The trustee shall maintain in the trust fund an amount of money equal to 125 percent of the total trust liabilities.
3. If money in the trust fund is invested or reinvested in:
(a) Securities which are issued or guaranteed by the United States of America;
(b) Bonds of this state or the bonds of any other state;
(c) Bonds of counties or municipalities of any state;
(d) Deposits in any bank, credit union, savings and loan association or savings bank that is federally insured or insured by a private insurer approved pursuant to NRS 672.755; or
(e) With the written approval of the Commissioner, any investment which has guaranteed liquidity,
then no earnings of those investments, including capital gains, if any, as such earnings accrue and are received, may be disbursed by the trustee to the seller or his or her designee which would reduce the corpus of the trust fund below 100 percent of the required value of the trust. Earnings in excess of 100 percent of the required value of the trust or 125 percent of the total trust liability, whichever is appropriate, may be distributed annually.
4. Earnings are defined as any sum remaining in the trust fund after deducting costs of administration over and above 100 percent of the required value of the trust.
5. Every trustee handling money in a trust fund pursuant to NRS 689.450 to 689.595, inclusive, shall file with the Commissioner, within 15 days after the first day of each calendar quarter, a financial statement showing the activity of all trusts required to be maintained by any seller and the total market value of each trust as of the first day of the calendar quarter. The statement for the fourth quarter must be a summary of all transactions involving the account. The statement must be on forms prescribed and adopted by the Commissioner. Every quarterly report must be accompanied by a fee of $10. If the statement is not received by the Commissioner as required, the Commissioner may, after giving the seller 10 days’ written notice, revoke the seller’s permit.
6. The trust must be valued quarterly and averaged annually to determine the total value of the trust. If the average market value of the trust as of December 31 of each year is below 100 percent of the required value of the trust or 125 percent of the total trust liability, the Commissioner may suspend the seller’s permit until the deficiency is made up.
(Added to NRS by 1987, 1257; A 1993, 2620; 1999, 1551)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.570 - Prepaid contracts: Distributions from corpus of trust fund.

1. The corpus of all money deposited in the burial merchandise and service trust fund must be kept unimpaired until the prepaid contract is performed on the death of the person for whose benefit the contract was made, or the contract is otherwise terminated and distribution or disposition of money in the trust fund is made as authorized in accordance with applicable law and the rights of interested persons.
2. Upon receiving a certified copy of a death certificate or a certification by the cemetery authority that a particular prepaid contract has been fully performed, the trustee of the burial merchandise and service trust fund shall pay all money in the trust fund for that contract to the cemetery authority.
3. The trustee shall not make any payments out of the trust fund unless the trustee receives a death certificate or certification as provided in subsection 2. In paying out money in such circumstances, the trustee may rely upon all such death certificates and certifications presented to the trustee which appear valid on their faces, and the trustee is not liable to any person for paying out money upon such reliance.
(Added to NRS by 1987, 1258)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.575 - Prepaid contracts: Termination upon notice from buyer or demise of buyer; action by trustee or seller; required provision related to termination for default in payment.

1. Except as otherwise provided in subsection 2, if the buyer moves to another geographic area beyond the normal service facilities of the seller and performers under the prepaid burial merchandise and service contract, the contract automatically terminates upon the buyer’s written notice to the seller and trustee of the move of the buyer and of the desire of the buyer to terminate the contract. The trustee, as soon as reasonably possible after receipt of the notice, shall refund to the buyer all money, including earned interest, in the trust fund held for the buyer’s account.
2. If the contract continues in force and the buyer is not in default thereunder, upon the demise of the buyer, the contract automatically terminates. Upon termination, the seller shall:
(a) Furnish the merchandise and perform or arrange to perform the services;
(b) Make arrangements for the fulfillment of the agreement on a dollar-for-dollar basis with another performer serving the area to which the buyer has moved; or
(c) Refund to the buyer or the representative or estate of the buyer, or transfer to a substituted performer, all money, including earned interest, in the trust fund held for the buyer’s account.
3. The cemetery authority shall include a provision in each prepaid contract substantially stating: "If the purchaser defaults in making any payment under this contract, the cemetery authority may terminate the contract and is entitled to retain as damages not more than 40 percent of the total purchase price. The balance remaining, if any, must be refunded to the purchaser."
(Added to NRS by 1987, 1258; A 2001, 2217)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.580 - Prepaid contracts: Termination on insolvency or other inability of seller to perform unless assigned; distribution of money in trust fund.

1. An executory prepaid contract automatically terminates if the seller or any performer under the contract goes out of business, dies, becomes insolvent or bankrupt, makes an assignment for the benefit of creditors or is otherwise unable to fulfill the obligations under the contract, unless the successors or assignees of the business agree to accept all liability and to fulfill all obligations as originally set forth in the contract.
2. Upon any such termination, the money in the trust fund, including earned interest, held by the trustee for the account of the buyer must be distributed by the trustee to the buyer or to a qualified seller or performer assuming the outstanding contractual liabilities, as authorized by the Commissioner.
(Added to NRS by 1987, 1259; A 2001, 2217)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.585 - Records of seller; examination by Commissioner.

1. Every seller shall keep:
(a) Accurate accounts, books and records of all transactions;
(b) Copies of all agreements and dates and amounts of payments made and accepted;
(c) The names and addresses of the contracting parties; and
(d) The persons for whose benefit the payments are accepted and the names of the depositories in which the payments are deposited.
2. The seller shall keep within this State, at the address shown upon the permit of the seller, complete records of all transactions under the permit. Those records and the affairs of the seller are subject to audit and examination by the Commissioner at any reasonable time. Any costs incurred by the Commissioner to conduct an audit or examination must be paid by the seller.
3. The seller shall keep such records for not less than 5 years after the completion of all transactions to which they relate.
(Added to NRS by 1987, 1259; A 1993, 2621)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.590 - Exemption of person maintaining cemetery but not operating as cemetery on July 5, 1971.

The provisions of NRS 689.450 to 689.595, inclusive, do not apply to a person maintaining a cemetery but not operating as a cemetery authority on July 5, 1971.
(Added to NRS by 1987, 1259)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.595 - Applicability of other provisions to agents, sellers and applicants for permit.

1. The provisions of NRS 683A.341, 683A.451, 683A.461 and 686A.010 to 686A.310, inclusive, apply to agents and sellers.
2. For the purposes of subsection 1, unless the context requires that a section apply only to insurers, any reference in those sections to "insurer" must be replaced by a reference to "agent" and "seller."
3. The provisions of NRS 679B.230 to 679B.300, inclusive, apply to sellers. Unless the context requires that a provision apply only to insurers, any reference in those sections to "insurer" must be replaced by a reference to "seller."
4. The provisions of NRS 683A.301 apply to applicants for and holders of a seller’s permit. Unless the context requires that a provision apply only to an applicant for or a holder of a license as a producer of insurance, any reference in that section to:
(a) An "applicant for a license as a producer of insurance" must be replaced by a reference to an "applicant for a seller’s permit"; and
(b) A "licensee" must be replaced by a reference to a "holder of a seller’s permit."
(Added to NRS by 1987, 1260; A 2001, 2218; 2019, 1705; 2023, 21, 2638)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.700 - Money in trust fund exempt from attachment and other process in absence of fraud.

In the absence of fraud, all money in a trust fund held or invested in accordance with the provisions of this chapter is not liable to attachment, garnishment or other process or to be seized, taken, appropriated or applied to pay any debt or liability of the seller, buyer, beneficiary or performer by any legal or equitable process or by operation of law.
(Added to NRS by 1987, 1260)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.715 - Preneed sales agreement required to be provided by funeral director, funeral arranger or cemetery authority to person entitled to custody of remains of buyer; administrative fine.

1. A funeral director, funeral arranger or cemetery authority that enters into a preneed sales agreement shall, upon the death of the buyer, provide a copy of the agreement to each person entitled to custody of the remains.
2. The Commissioner may impose upon any person who knowingly violates the provisions of subsection 1 an administrative fine of three times the amount of the preneed sales agreement.
(Added to NRS by 1993, 2616; A 2015, 1972)
2023 Nevada Revised Statutes › Chapter 689 - Funeral and Burial Services › NRS 689.730 - Criminal penalty.

In addition to any other penalty provided for in this chapter, any person who violates any provision of this chapter or any rule or regulation promulgated pursuant to this chapter, for which a greater penalty is not otherwise provided by law, is guilty of a misdemeanor.
(Added to NRS by 1971, 1402)
2023 Nevada Revised Statutes › Chapter 689A - Individual Health Insurance › NRS 689A.020 - Scope.

Nothing in this chapter applies to or affects:
1. Any policy of liability or workers’ compensation insurance with or without supplementary expense coverage therein.
2. Any group or blanket policy.
3. Life insurance, endowment or annuity contracts, or contracts supplemental thereto which contain only such provisions relating to health insurance as to:
(a) Provide additional benefits in case of death or dismemberment or loss of sight by accident or accidental means; or
(b) Operate to safeguard such contracts against lapse, or to give a special surrender value or special benefit or an annuity if the insured or annuitant becomes totally and permanently disabled, as defined by the contract or supplemental contract.
4. Reinsurance, except as otherwise provided in NRS 689A.470 to 689A.740, inclusive, and 689C.610 to 689C.940, inclusive, relating to the program of reinsurance.
5. Any policy of insurance offered on the Silver State Health Insurance Exchange in accordance with NRS 695I.505.
(Added to NRS by 1971, 1751; A 1997, 2899; 2013, 3608; 2017, 2358; 2021, 3622)
2023 Nevada Revised Statutes › Chapter 689A - Individual Health Insurance › NRS 689A.032 - Insurer required to offer and issue plan regardless of health status of persons; prohibited acts.

1. An insurer shall offer and issue a health benefit plan to any person regardless of the health status of the person or any dependent of the person. Such health status includes, without limitation:
(a) Any preexisting medical condition of the person, including, without limitation, any physical or mental illness;
(b) The claims history of the person, including, without limitation, any prior health care services received by the person;
(c) Genetic information relating to the person; and
(d) Any increased risk for illness, injury or any other medical condition of the person, including, without limitation, any medical condition caused by an act of domestic violence.
2. An insurer that offers or issues a health benefit plan shall not:
(a) Deny, limit or exclude a covered benefit based on the health status of an insured; or
(b) Require an insured, as a condition of enrollment or renewal, to pay a premium, deductible, copay or coinsurance based on his or her health status which is greater than the premium, deductible, copay or coinsurance charged to a similarly situated insured who does not have such a health status.
3. An insurer that offers or issues a health benefit plan shall not adjust a premium, deductible, copay or coinsurance for any insured on the basis of genetic information relating to the insured or the covered dependent of the insured.
4. As used in this section, "health benefit plan" has the meaning ascribed to it in NRS 687B.470.
(Added to NRS by 2019, 298)
2023 Nevada Revised Statutes › Chapter 689A - Individual Health Insurance › NRS 689A.033 - Insurer prohibited from discriminating against person with respect to participation or coverage on basis of gender identity or expression.

An insurer that issues a policy of health insurance shall not discriminate against any person with respect to participation or coverage under the policy on the basis of actual or perceived gender identity or expression. Prohibited discrimination includes, without limitation:
1. Denying, cancelling, limiting or refusing to issue or renew a policy of health insurance on the basis of the actual or perceived gender identity or expression of a person or a family member of the person;
2. Imposing a payment or premium that is based on the actual or perceived gender identity or expression of an insured or a family member of the insured;
3. Designating the actual or perceived gender identity or expression of a person or a family member of the person as grounds to deny, cancel or limit participation or coverage; and
4. Denying, cancelling or limiting participation or coverage on the basis of actual or perceived gender identity or expression, including, without limitation, by limiting or denying coverage for health care services that are:
(a) Related to gender transition, provided that there is coverage under the policy for the services when the services are not related to gender transition; or
(b) Ordinarily or exclusively available to persons of any sex.
(Added to NRS by 2023, 2029)
2023 Nevada Revised Statutes › Chapter 689A - Individual Health Insurance › NRS 689A.035 - Contracts between insurer and provider of health care: Prohibiting insurer from charging provider of health care fee for inclusion on list of providers given to insureds; insurer required to use form to obtain information on provider of health care; modification; submission by insurer of schedule of payments to provider.

1. An insurer shall not charge a provider of health care a fee to include the name of the provider on a list of providers of health care given by the insurer to its insureds.
2. An insurer shall not contract with a provider of health care to provide health care to an insured unless the insurer uses the form prescribed by the Commissioner pursuant to NRS 629.095 to obtain any information related to the credentials of the provider of health care.
3. A contract between an insurer and a provider of health care may be modified:
(a) At any time pursuant to a written agreement executed by both parties.
(b) Except as otherwise provided in this paragraph, by the insurer upon giving to the provider 45 days’ written notice of the modification of the insurer’s schedule of payments, including any changes to the fee schedule applicable to the provider’s practice. If the provider fails to object in writing to the modification within the 45-day period, the modification becomes effective at the end of that period. If the provider objects in writing to the modification within the 45-day period, the modification must not become effective unless agreed to by both parties as described in paragraph (a).
4. If an insurer contracts with a provider of health care to provide health care to an insured, the insurer shall:
(a) If requested by the provider of health care at the time the contract is made, submit to the provider of health care the schedule of payments applicable to the provider of health care; or
(b) If requested by the provider of health care at any other time, submit to the provider of health care the schedule of payments, including any changes to the fee schedule applicable to the provider’s practice, specified in paragraph (a) within 7 days after receiving the request.
5. As used in this section, "provider of health care" means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS.
(Added to NRS by 1999, 1647; A 2001, 2729; 2003, 3355; 2011, 2532)
2023 Nevada Revised Statutes › Chapter 689A - Individual Health Insurance › NRS 689A.040 - Contents of policy; substitution of provisions; captions; omission or modification of provisions.

1. Except as otherwise provided in subsection 2, each such policy delivered or issued for delivery to any person in this State must contain the provisions specified in NRS 689A.050 to 689A.170, inclusive, in the words in which the provisions appear, except that the insurer may, at its option, substitute for one or more of the provisions corresponding provisions of different wording approved by the Commissioner which are in each instance not less favorable in any respect to the insured or the beneficiary. Each such provision must be preceded individually by the applicable caption shown or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the Commissioner may approve.
2. If any such provision is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy, the insurer, with the approval of the Commissioner, may omit from the policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of a provision in such a manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.
(Added to NRS by 1971, 1753; A 1973, 547; 1985, 1059; 2007, 3237; 2013, 3610; 2019, 1429)