reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.120 - "Medicaid" defined.

"Medicaid" means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
(Added to NRS by 1987, 863)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.160 - Purposes of chapter.

The purposes of NRS 439B.160 to 439B.500, inclusive, are to:
1. Promote equal access to quality medical care at an affordable cost for all residents of this State.
2. Reduce excessive billed charges and revenues generated by some hospitals in this State in order to provide relief from excessively high costs of medical care.
3. Provide the regulatory mechanisms necessary to ensure that the forces of a competitive market will be able to function effectively in the business of providing medical care in this State.
(Added to NRS by 1987, 863)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.225 - Committee to review certain regulations proposed or adopted by licensing boards; recommendations to Legislature.

1. As used in this section, "licensing board" means any division or board empowered to adopt standards for the issuance or renewal of licenses, permits or certificates of registration pursuant to NRS 435.3305 to 435.339, inclusive, chapter 449, 625A, 630, 630A, 631, 632, 633, 634, 634A, 634B, 635, 636, 637, 637B, 639, 640, 640A, 640D, 641, 641A, 641B, 641C, 641D, 652, 653 or 654 of NRS.
2. The Committee shall review each regulation that a licensing board proposes or adopts that relates to standards for the issuance or renewal of licenses, permits or certificates of registration issued to a person or facility regulated by the board, giving consideration to:
(a) Any oral or written comment made or submitted to it by members of the public or by persons or facilities affected by the regulation;
(b) The effect of the regulation on the cost of health care in this State;
(c) The effect of the regulation on the number of licensed, permitted or registered persons and facilities available to provide services in this State; and
(d) Any other related factor the Committee deems appropriate.
3. After reviewing a proposed regulation, the Committee shall notify the agency of the opinion of the Committee regarding the advisability of adopting or revising the proposed regulation.
4. The Committee shall recommend to the Legislature as a result of its review of regulations pursuant to this section any appropriate legislation.
(Added to NRS by 1991, 940; A 2003, 2008; 2005, 1379; 2009, 528; 2011, 1099; 2015, 2319; 2017, 1409; 2019, 247, 2704; 2021, 1643; 2023, 1706)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.227 - Committee to review certain new provisions of law; recommendations to Legislature concerning mandated reporters.

The Committee shall:
1. After each regular session of the Legislature, review any chapter added to this title or title 39 or 54 of NRS that authorizes or requires the issuance of a license, permit or certificate to a person who provides any service related to health care to determine if the person should be included as a person required to make a report pursuant to NRS 432B.220; and
2. Before the beginning of the next regular session of the Legislature, prepare a report concerning its findings pursuant to subsection 1 and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature. The report must include, without limitation, any recommended legislation.
(Added to NRS by 2013, 1085; A 2021, 2533)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.265 - Collection of deductible or copayment from indigent patient covered by Medicare prohibited. [Effective upon confirmation by the Federal Government that the deductibles and copayments which a hospital is prohibited from collecting from a patient pursuant to this section are deemed uncollectible for the purposes of federal law.]

A major hospital shall not collect or seek to collect the deductible or copayment from a patient who is covered by Medicare and who demonstrates that he or she is medically indigent, as that term is defined for the purposes of Medicaid coverage for persons in long-term care. The hospital may seek and collect payment for the deductible or copayment from any source other than the patient, including from the supplemental insurance of the patient.
(Added to NRS by 1991, 2332, effective upon confirmation by the Federal Government that the deductibles and copayments which a hospital is prohibited from collecting from a patient pursuant to this section are deemed uncollectible for the purposes of federal law)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.270 - Foundation for hospital nursing practice: Establishment; governing body.

1. The major hospitals shall jointly establish a foundation for hospital nursing practice to promote and encourage the practice of nursing in hospitals.
2. The foundation must be created as a nonprofit entity in compliance with 26 U.S.C. § 501. The governing body of the foundation must consist of one representative of each of the member hospitals and one representative appointed by the Governor. The governing body must have authority to establish rules for the administration of the foundation, to establish programs in pursuit of its purpose, and to allocate money for its programs.
3. If the foundation is not formed, or ceases to exist, the Director shall establish a nonprofit entity to carry out the foundation’s purpose.
(Added to NRS by 1991, 2332)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.275 - Program for provision of technical assistance to rural hospitals.

The major hospitals shall, in cooperation with the Office of the Governor, the University of Nevada School of Medicine and organizations representing rural hospitals, develop a program for the provision of technical assistance to rural hospitals in Nevada. The resources required to carry out this program must be determined and provided by the major hospitals.
(Added to NRS by 1991, 2332)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.280 - Educational program to promote wellness, physical fitness and prevention of disease, accidents and motor vehicle crashes.

The major hospitals shall sponsor an educational program to promote wellness, physical fitness and the prevention of disease, accidents and motor vehicle crashes. The program must be:
1. Administered and carried out by the participating hospitals; and
2. Approved by the Director.
(Added to NRS by 1991, 2333; A 2015, 1677)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.300 - Legislative findings and declarations; applicability.

1. The Legislature finds and declares that:
(a) The practice of refusing to treat an indigent patient if another hospital can provide the treatment endangers the health and well-being of such patients.
(b) Counties in which more than one hospital is located may lack available resources to compensate for all indigent care provided at their hospitals. Refusal by a hospital to treat indigent patients in such counties results in a burden upon hospitals which treat large numbers of indigent patients.
(c) A requirement that hospitals in such counties provide a designated amount of uncompensated care for indigent patients would:
(1) Equalize the burden on such hospitals of treating indigent patients; and
(2) Aid the counties in meeting their obligation to compensate hospitals for such care.
(d) Hospitals with 100 or fewer beds have been meeting the needs of their communities with regard to care of indigents, and have a minimal effect on the provision of such care.
2. Except as otherwise provided in this subsection, the provisions of NRS 439B.300 to 439B.340, inclusive, apply to each hospital in this State which is located in a county in which there are two or more licensed hospitals. The provisions of NRS 439B.300 to 439B.340, inclusive, do not apply to a hospital which has 100 or fewer beds.
3. The provisions of NRS 439B.300 to 439B.340, inclusive, do not prohibit a county from:
(a) Entering into an agreement for medical care or otherwise contracting with any hospital located within that county; or
(b) Using a definition of "indigent" which would include more persons than the definition in NRS 439B.310.
(Added to NRS by 1987, 867)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.310 - "Indigent" defined.

For the purposes of NRS 439B.300 to 439B.340, inclusive, "indigent" means those persons:
1. Who are not covered by any policy of health insurance;
2. Who are ineligible for Medicare, Medicaid, the Children’s Health Insurance Program, the benefits provided pursuant to NRS 428.115 to 428.255, inclusive, or any other federal or state program of public assistance covering the provision of health care;
3. Who meet the limitations imposed by the county upon assets and other resources or potential resources; and
4. Whose income is less than:
(a) For one person living without another member of a household, $438.
(b) For two persons, $588.
(c) For three or more persons, $588 plus $150 for each person in the family in excess of two.
For the purposes of this subsection, "income" includes the entire income of a household and the amount which the county projects a person or household is able to earn. "Household" is limited to a person and the person’s spouse, parents, children, brothers and sisters residing with him or her.
(Added to NRS by 1987, 868; A 1999, 2238)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.320 - Hospital required to provide care for proportionate share of indigent patients; duties of Department and board of county commissioners; reimbursement for care.

1. A hospital shall provide, without charge, in each fiscal year, care for indigent inpatients in an amount which represents 0.6 percent of its net revenue for the hospital’s preceding fiscal year.
2. The Department shall compute the obligation of each hospital for care of indigent inpatients for each fiscal year based upon the net revenue of the hospital in its preceding fiscal year and shall provide this information to the board of county commissioners of the county in which the hospital is located.
3. The board of county commissioners shall maintain a record of discharge forms submitted by each hospital located within the county, together with the amount accruing to the hospital. The amount accruing to the hospital for the care, until the hospital has met its obligation pursuant to this section, is the highest amount the county is paying to any hospital in the county for that care. Except as otherwise provided in subsection 2 of NRS 439B.330, no payment for indigent care may be made to the hospital until the total amount so accruing to the hospital exceeds the minimum obligation of the hospital for the fiscal year, and a hospital may only receive payment from the county for indigent care provided in excess of its obligation pursuant to this section. After a hospital has met its obligation pursuant to this section, the county may reimburse the hospital for care of indigent inpatients at any rate otherwise authorized by law.
(Added to NRS by 1987, 868; A 1991, 2111)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.330 - Eligibility of indigent for assistance; payment of hospital for serving disproportionately large share of patients; discharge forms; appeal from determination of county regarding indigent status.

1. Except as otherwise provided in this subsection, subsection 2 and NRS 439B.300, each county shall use the definition of "indigent" in NRS 439B.310 to determine a person’s eligibility for medical assistance pursuant to chapter 428 of NRS, other than assistance provided pursuant to NRS 428.115 to 428.255, inclusive.
2. A board of county commissioners may, if it determines that a hospital within the county is serving a disproportionately large share of low-income patients:
(a) Pay a higher rate to the hospital for treatment of indigent inpatients;
(b) Pay the hospital for treatment of indigent inpatients whom the hospital would otherwise be required to treat without receiving compensation from the county; or
(c) Both pay at a higher rate and pay for inpatients for whom the hospital would otherwise be uncompensated.
3. Each hospital which treats an indigent inpatient shall submit to the board of county commissioners of the county of residence of the patient a discharge form identifying the patient as a possible indigent and containing the information required by the Department and the county to be included in all such forms.
4. The county which receives a discharge form from a hospital for an indigent inpatient shall verify the status of the patient and the amount which the hospital is entitled to receive. A hospital aggrieved by a determination of a county regarding the indigent status of an inpatient may appeal the determination to the Director or a person designated by the Director to hear such an appeal. The decision of the Director or the designee of the Director must be mailed by registered or certified mail to the county and the hospital. The decision of the Director or the designee of the Director may be appealed to a court having general jurisdiction in the county within 15 days after the date of the postmark on the envelope in which the decision was mailed.
5. Except as otherwise provided in subsection 2 of this section and subsection 3 of NRS 439B.320, if the county is the county of residence of the patient and the patient is indigent, the county shall pay to the hospital the amount required, within the limits of money which may lawfully be appropriated for this purpose pursuant to NRS 428.050, 428.285 and 450.425.
6. For the purposes of this section, the county of residence of the patient is the county of residence of that person before he or she was admitted to the hospital.
(Added to NRS by 1987, 869; A 1989, 1801, 1861; 1991, 1744, 1937; 1993, 1973; 2005, 1676)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.350 - Department to establish; purpose.

1. The Department shall establish a program to increase awareness of health care programs for children and to encourage enrollment in such programs. The program must provide for the dissemination of information to the public relating to health care services that are available in this state to children who are under the age of 13 years, including, without limitation, information concerning:
(a) Federal, state and local governmental programs which provide health care services to such children;
(b) The requirements for eligibility to participate in such programs; and
(c) The procedures for enrolling children in such programs.
2. The information disseminated pursuant to subsection 1 must encourage the use of the programs identified pursuant to subsection 1 and must emphasize:
(a) The benefits of preventive health care services to the well-being of children; and
(b) The reasons that preventive health care services are more efficient in treating potential health care needs and are more economical than obtaining emergency health care services which are often required when symptoms of an illness are not promptly and properly treated.
3. The program must be designed to disseminate information using the most effective means available to the extent possible, including, without limitation, using:
(a) Words or graphics, or both, that promote understanding of the information by the intended audience, considering the average level of reading comprehension of and the language understood by the audience.
(b) Printed materials that may be displayed at or distributed to:
(1) Offices of the federal, state and local government that have contact with parents of children who are under the age of 13 years or direct contact with such children, or both, in the normal course of business;
(2) Schools attended by children who are under the age of 13 years;
(3) Public libraries;
(4) Providers of health care who provide services to children who are under the age of 13 years;
(5) Child care facilities that provide services to children who are under the age of 13 years;
(6) Organizations that provide community-based services to parents of children who are under the age of 13 years, or to such children, or both; and
(7) Any other person deemed appropriate.
(c) Radio, television and other electronic means.
(Added to NRS by 1997, 1545)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.360 - Evaluation: Recommendations; report to Interim Finance Committee.

1. The Director shall evaluate the effectiveness of the program established pursuant to NRS 439B.350 annually. The evaluation must include, without limitation, measuring the effectiveness of the content, form and method of dissemination of information through the program.
2. The Director shall make any necessary recommendations to improve the program based upon the evaluation.
3. On or before December 31 of each year, the Director shall provide a written report to the Interim Finance Committee concerning the results of the evaluation and any recommendations made to improve the program.
(Added to NRS by 1997, 1546; A 2007, 2401)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.400 - Hospital must maintain and use uniform list of billed charges; exception.

Each hospital in this State shall maintain and use a uniform list of billed charges for that hospital for units of service or goods provided to all inpatients. A hospital may not use a billed charge for an inpatient that is different than the billed charge used for another inpatient for the same service or goods provided. This section does not restrict the ability of a hospital or other person to negotiate a discounted rate from the hospital’s billed charges or to contract for a different rate or mechanism for payment of the hospital.
(Added to NRS by 1987, 867)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.430 - Prohibited acts of hospitals; examination by Director; administrative fine; injunctive relief.

1. For the purposes of this section:
(a) An "affiliated person" is a person controlled by any combination of the hospital, the parent corporation, a subsidiary or the principal stockholders or officers or directors of any of the foregoing.
(b) A "subsidiary" is a person of which either the hospital and the parent corporation or the hospital or the parent corporation holds practical control.
2. No hospital may engage in any transaction or agreement with its parent corporation, or with any subsidiary or affiliated person which will result or has resulted in:
(a) Substitution contrary to the interest of the hospital and through any method of any asset of the hospital with an asset or assets of inferior quality or lower fair market value;
(b) Deception as to the true operating results of the hospital;
(c) Deception as to the true financial condition of the hospital;
(d) Allocation to the hospital of a proportion of the expense of combined facilities or operations which is unfavorable to the hospital;
(e) Unfair or excessive charges against the hospital for services, facilities or supplies;
(f) Unfair and inadequate charges by the hospital for services, facilities or supplies furnished by the hospital to others; or
(g) Payment by the hospital for services, facilities or supplies not reasonably needed by the hospital.
3. If the Director has reasonable cause to believe that a violation of subsection 2 has occurred, the Director may conduct an examination of any books and records of the hospital, parent corporation, subsidiary or affiliated person which the Director deems pertinent to the examination. The Director has the same authority to examine the parent corporation, subsidiary or affiliated person and recover the cost of the examination as the Director has with regard to the hospital. A parent corporation, subsidiary or affiliated person which refuses to permit the examination of its books and records is subject to the fine provided for in subsection 4 for each day that access to the books or records is restricted.
4. If a hospital, parent corporation, subsidiary or affiliated person is found, after notice and a hearing, to have violated the provisions of this section, the Director may impose an administrative fine of not more than $20,000 for each violation or the actual amount of damage caused by the violation, whichever is greater.
5. Upon a second or subsequent violation of the provisions of this section, the Director may commence a legal action in the district court of any county to secure an injunction against further violations of this section.
(Added to NRS by 1987, 872)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.440 - Director may require hospitals, health facilities and providers of health services to submit information; independent audit; examinations; penalty.

1. The Director may by regulation require hospitals, other health facilities and providers of health services to submit such information as is reasonably necessary for the Director to carry out the provisions of NRS 439B.160 to 439B.500, inclusive.
2. Except as otherwise provided in subsection 3, the Director shall by regulation require an examination of a hospital by an independent auditor appointed by the Director to ensure compliance with NRS 439B.160 to 439B.500, inclusive. The audits must be scheduled on a regular basis but not more often than once each year. The hospital shall pay the costs of the audit. A hospital may contract with the auditor to conduct other work for the hospital in connection with the audit.
3. The Director shall not require an audit of a hospital which has less than 100 beds or is subject to the provisions of chapter 450 of NRS. The Director shall by regulation require such a hospital to submit audits of the hospital on a regular basis but not more often than once each year.
4. If a hospital fails to comply with any regulation adopted pursuant to this section or the Director has reason to believe the hospital has violated any provision of NRS 439B.160 to 439B.500, inclusive, the Director may conduct an examination or contract for an independent examination of the hospital to determine whether it is in compliance with those provisions. The hospital which is the subject of such an examination is responsible for payment of the costs of the examination if the Director determines that the hospital did violate a provision of NRS 439B.160 to 439B.500, inclusive.
5. Any person who fails to submit information as required by any regulation adopted pursuant to NRS 439B.160 to 439B.500, inclusive, to the Department or fails to submit to an audit or examination pursuant to this section is subject to an administrative fine of not more than $1,000 per violation per day until the required information is submitted or the person submits to the audit or examination.
(Added to NRS by 1987, 872; A 1991, 2113; 2005, 1736)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.450 - Powers and duties of Director.

The Director:
1. May adopt such regulations as are necessary to carry out the provisions of NRS 439B.160 to 439B.500, inclusive.
2. Shall ensure that the administration of NRS 439B.160 to 439B.500, inclusive, does not cause the State to fail to comply with the requirements of the Federal Government concerning Medicare and Medicaid.
(Added to NRS by 1987, 873)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.460 - Director authorized to delegate powers and duties.

The Director may delegate:
1. Any of the Director’s powers or duties pursuant to NRS 439B.160 to 439B.500, inclusive, to the Administrator of the Division of Health Care Financing and Policy of the Department.
2. Any of the Department’s powers or duties pursuant to NRS 439B.160 to 439B.500, inclusive, to the Division of Health Care Financing and Policy.
(Added to NRS by 1997, 2632; A 1999, 2242)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.500 - Penalty for violation of provisions.

In addition to any civil or administrative penalty specifically provided in NRS 439B.160 to 439B.500, inclusive, any person who violates a provision of NRS 439B.160 to 439B.500, inclusive, shall be punished by a fine of not more than $5,000 for each violation.
(Added to NRS by 1987, 873)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.600 - Definitions.

As used in NRS 439B.600 to 439B.695, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439B.605 to 439B.622, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 3137; A 2017, 4301; 2021, 3723)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.610 - "Pharmacy" defined.

"Pharmacy" means every store or shop licensed by the State Board of Pharmacy where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed. The term does not include an institutional pharmacy as defined in NRS 639.0085.
(Added to NRS by 2017, 4297)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.616 - "Rebate" defined.

1. "Rebate" means a discount or concession that affects the price of a prescription drug which is provided by the manufacture of the drug to:
(a) A third party;
(b) A pharmacy benefit manager after the pharmacy benefit manager has processed a claim from a pharmacy, an institutional pharmacy, as defined in NRS 639.0085, or a pharmacist; or
(c) A wholesaler.
2. The term does not include a bona fide service fee, as defined in 42 C.F.R. § 447.502.
(Added to NRS by 2021, 3722)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.618 - "Third party" defined.

"Third party" means:
1. An insurer, as that term is defined in NRS 679B.540;
2. A health benefit plan, as that term is defined in NRS 687B.470, for employees which provides coverage for prescription drugs;
3. The Public Employees’ Benefits Program established pursuant to subsection 1 of NRS 287.043;
4. A governing body of a county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency that provides health coverage to employees through a self-insurance reserve fund pursuant to NRS 287.010;
5. The Department, with regard to Medicaid and the Children’s Health Insurance Program; and
6. Any other insurer or organization providing coverage of prescription drugs in accordance with state or federal law.
(Added to NRS by 2021, 3722)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.620 - "Wholesale acquisition cost" defined.

"Wholesale acquisition cost" means the manufacturer’s published list price for a prescription drug with a unique National Drug Code for sale to a wholesaler or any other person or entity that purchases the prescription drug directly from the manufacturer, not including any rebates or other price concessions.
(Added to NRS by 2017, 4297; A 2021, 3723)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.625 - Organization representing interests of retail merchants to prepare and update list of most commonly prescribed drugs or generic equivalents.

The organization with the largest membership in this State which represents the interests of retail merchants, as determined by the Department, shall:
1. Prepare a list of not less than the 100 brand name prescription drugs or generic equivalents most commonly prescribed to residents of this State; and
2. At least once each calendar year, update the list prepared pursuant to subsection 1 and transmit the list to the Department.
(Added to NRS by 2007, 3137)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.630 - Department to annually compile lists of certain prescription drugs.

1. On or before February 1 of each year, the Department shall compile:
(a) A list of prescription drugs that the Department determines to be essential for treating diabetes in this State and the wholesale acquisition cost of each such drug on the list. The list must include, without limitation, all forms of insulin and biguanides marketed for sale in this State.
(b) A list of prescription drugs described in paragraph (a) that have been subject to an increase in the wholesale acquisition cost of a percentage equal to or greater than:
(1) The percentage increase in the Consumer Price Index, Medical Care Component during the immediately preceding calendar year; or
(2) Twice the percentage increase in the Consumer Price Index, Medical Care Component during the immediately preceding 2 calendar years.
(c) A list of prescription drugs with a wholesale acquisition cost exceeding $40 for a course of therapy that have been subject to an increase in the wholesale acquisition cost of a percentage equal to or greater than:
(1) Ten percent during the immediately preceding calendar year; or
(2) Twenty percent during the immediately preceding 2 calendar years.
2. As used in this section, "course of therapy" means:
(a) Except as otherwise provided in paragraph (b), the recommended daily dosage of a prescription drug, as set forth on the label for the prescription drug approved by the United States Food and Drug Administration, for 30 days.
(b) If the normal course of treatment using a prescription drug is less than 30 days, the recommended daily dosage of a prescription drug, as set forth on the label for the prescription drug approved by the United States Food and Drug Administration, for the duration of the recommended course of treatment.
(Added to NRS by 2017, 4297; A 2019, 1465; 2021, 3723)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.635 - Manufacturer of certain prescription drugs to prepare, submit and affirm accuracy of annual report; contents of report.

1. On or before April 1 of each year, the manufacturer of a prescription drug that appears on either or both of the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 shall prepare and submit to the Department, in the form prescribed by the Department:
(a) A report which includes the information prescribed by subsection 2; and
(b) A statement signed by the person responsible for compiling the report under penalty of perjury affirming the accuracy of the information in the report.
2. The report submitted pursuant to paragraph (a) of subsection 1 must include, for each drug described in subsection 1:
(a) The National Drug Code for the drug, reported in numeric form;
(b) The name, strength, dosage form and package size of the drug;
(c) The costs of producing the drug;
(d) The total administrative expenditures relating to the drug, including marketing and advertising costs;
(e) The profit that the manufacturer has earned from the drug and the percentage of the manufacturer’s total profit for the period during which the manufacturer has marketed the drug for sale that is attributable to the drug;
(f) The total amount of financial assistance that the manufacturer has provided through any patient prescription assistance program;
(g) The cost associated with coupons provided directly to consumers and for programs to assist consumers in paying copayments, and the cost to the manufacturer attributable to the redemption of those coupons and the use of those programs;
(h) The wholesale acquisition cost of the drug;
(i) A history of any increases in the wholesale acquisition cost of the drug over the 5 years immediately preceding the date on which the report is submitted, including the amount of each such increase expressed as a percentage of the total wholesale acquisition cost of the drug, the month and year in which each increase became effective and any explanation for the increase;
(j) The aggregate amount of all rebates that the manufacturer has provided to pharmacy benefit managers for sales of the drug within this State;
(k) If the manufacturer acquired the intellectual property for the drug within the immediately preceding 5 years:
(1) The name of the entity from which that intellectual property was acquired;
(2) The date of the acquisition and the purchase price;
(3) The wholesale acquisition cost at the time of the acquisition;
(4) The wholesale acquisition cost of the drug 1 year before the date of the acquisition; and
(5) The year that the drug was first made available for sale; and
(l) Any additional information prescribed by regulation of the Department for the purpose of analyzing the cost of prescription drugs that appear on either or both of the lists compiled pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630, trends in those costs and rebates available for such drugs.
(Added to NRS by 2017, 4297; A 2021, 3724)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.640 - Manufacturer of drug that has undergone significant price increase to submit report describing reasons for increase; affirmation of accuracy of report; contents of report.

1. On or before April 1 of a year in which a drug is included on either or both of the lists compiled pursuant to paragraph (b) or (c) of subsection 1 of NRS 439B.630, the manufacturer of the drug shall submit to the Department:
(a) A report describing the reasons for the increase in the wholesale acquisition cost of the drug described in paragraph (b) or (c), as applicable, of subsection 1 of NRS 439B.630; and
(b) A statement signed by the person responsible for compiling the report under penalty of perjury affirming the accuracy of the information in the report.
2. The report submitted pursuant to paragraph (a) of subsection 1 must include, without limitation:
(a) A list of each factor that has contributed to the increase;
(b) The percentage of the total increase that is attributable to each factor;
(c) An explanation of the role of each factor in the increase; and
(d) Any other information prescribed by regulation by the Department.
(Added to NRS by 2017, 4298; A 2021, 3725)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.642 - Wholesaler of certain prescription drugs to prepare, submit and affirm accuracy of annual report; contents of report.

1. On or before April 1 of each year, a wholesaler that sells a prescription drug that appears on either or both of the most current lists compiled by the Department pursuant to paragraphs (a) and (c) of subsection 1 of NRS 439B.630 for use in this State shall prepare and submit to the Department, in the form prescribed by the Department:
(a) A report which includes the information prescribed by subsection 2; and
(b) A statement signed by the person responsible for compiling the report affirming, under penalty of perjury, the accuracy of the information in the report.
2. The report submitted pursuant to paragraph (a) of subsection 1 must include, for each drug described in subsection 1:
(a) The current wholesale acquisition cost of the drug and the minimum and maximum wholesale acquisition cost of the drug during the immediately preceding calendar year;
(b) The total volume in units of the drug shipped by the wholesaler into this State during the immediately preceding calendar year;
(c) The aggregate amount of rebates negotiated directly with the manufacturer of the drug for sales of units of the drug shipped by the wholesaler into this State during the immediately preceding calendar year;
(d) The aggregate amount of rebates negotiated with pharmacies, pharmacy benefit managers and other entities for sales of units of the drug shipped by the wholesaler into this State during the immediately preceding calendar year; and
(e) Any other information prescribed by regulation of the Department.
(Added to NRS by 2021, 3723)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.650 - Department to compile annual report concerning price of certain drugs; contents of report; presentation of report at public hearing.

On or before June 1 of each year, the Department shall:
1. Analyze the information submitted pursuant to NRS 439B.635 to 439B.645, inclusive, and compile a report on the price of prescription drugs. The report:
(a) Must include, without limitation, a separate analysis of the information reported by manufacturers, pharmacy benefit managers and wholesalers, the reasons for any increases in the prices of prescription drugs in this State and the effect of those prices on overall spending on prescription drugs, insurance premiums and cost-sharing in this State; and
(b) May include, without limitation, opportunities for persons and entities in this State to lower the cost of prescription drugs while maintaining access to such drugs.
2. Present the findings in the report at a public hearing.
(Added to NRS by 2017, 4299; A 2019, 1465; 2021, 3727)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.655 - Pharmacies to provide to Department contact information, electronic mail address and address of Internet website; exceptions.

1. Except as otherwise provided in subsections 2 and 3, each pharmacy shall, in accordance with the regulations adopted pursuant to NRS 439B.685, provide to the Department:
(a) Information that a consumer may use to locate, contact or otherwise do business with the pharmacy, including, without limitation:
(1) The name of the pharmacy;
(2) The physical address of the pharmacy; and
(3) The phone number of the pharmacy;
(b) If the pharmacy maintains an electronic mail address, the electronic mail address of the pharmacy; and
(c) If the pharmacy maintains an Internet website, the Internet address of that website.
2. If a pharmacy is not located within the State of Nevada, the pharmacy may, but is not required to, provide to the Department the information described in subsection 1.
3. If a pharmacy is part of a larger company or corporation or a chain of pharmacies or retail stores, the parent company or corporation may provide to the Department the information described in subsection 1.
(Added to NRS by 2007, 3137)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.670 - Department to place on Internet website certain information concerning pharmacies, nonprofit organizations and prescription drugs and certain reports by Department; additional or alternative procedures for obtaining information concerning pharmacies, nonprofit organizations and prescription drugs.

1. Except as otherwise provided in subsection 2, the Department shall:
(a) Place or cause to be placed on the Internet website maintained by the Department:
(1) The information provided by each pharmacy pursuant to NRS 439B.655;
(2) The information compiled by a nonprofit organization pursuant to NRS 439B.665 if such a report is submitted pursuant to paragraph (b) of subsection 1 of that section;
(3) The lists of prescription drugs compiled by the Department pursuant to NRS 439B.630;
(4) The wholesale acquisition cost of each prescription drug, as reported pursuant to NRS 439B.635, 439B.642 and 439B.645; and
(5) The reports compiled by the Department pursuant to NRS 439B.650 and 439B.660.
(b) Ensure that the information placed on the Internet website maintained by the Department pursuant to paragraph (a) is organized so that each individual pharmacy, manufacturer and nonprofit organization has its own separate entry on that website; and
(c) Ensure that the usual and customary price that each pharmacy charges for each prescription drug that is on the list prepared pursuant to NRS 439B.625 and that is stocked by the pharmacy:
(1) Is presented on the Internet website maintained by the Department in a manner which complies with the requirements of NRS 439B.675; and
(2) Is updated not less frequently than once each calendar quarter.
Nothing in this subsection prohibits the Department from determining the usual and customary price that a pharmacy charges for a prescription drug by extracting or otherwise obtaining such information from claims reported by pharmacies to the Medicaid program.
2. If a pharmacy is part of a larger company or corporation or a chain of pharmacies or retail stores, the Department may present the pricing information pertaining to such a pharmacy in such a manner that the pricing information is combined with the pricing information relative to other pharmacies that are part of the same company, corporation or chain, to the extent that the pricing information does not differ among those pharmacies.
3. The Department may establish additional or alternative procedures by which a consumer who is unable to access the Internet or is otherwise unable to receive the information described in subsection 1 in the manner in which it is presented by the Department may obtain that information:
(a) In the form of paper records;
(b) Through the use of a telephonic system; or
(c) Using other methods or technologies designed specifically to assist consumers who are hearing impaired or visually impaired.
4. As used in this section, "usual and customary price" means the usual and customary charges that a pharmacy charges to the general public for a drug, as described in 42 C.F.R. § 447.512.
(Added to NRS by 2007, 3138; A 2017, 4301; 2021, 3727)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.675 - Manner of presentation of information.

1. Except as otherwise provided in this section, the Department shall ensure that the list of prescription drugs prepared pursuant to NRS 439B.625 and the information that pharmacies and the Department provide and obtain pursuant to NRS 439B.655 and 439B.670 are combined and presented to consumers in such a manner that a consumer may easily compare the prices for particular prescription drugs, and their generic equivalents, that are currently charged by:
(a) Pharmacies located within the same city, county or zip code in which the consumer resides;
(b) Internet pharmacies; and
(c) Pharmacies that provide mail order service to residents of Nevada.
The requirements of paragraphs (b) and (c) apply only to the extent that information regarding such pharmacies is made available to the Department.
2. As used in this section, "Internet pharmacy" has the meaning ascribed to it in NRS 639.00865.
(Added to NRS by 2007, 3138)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.680 - Immunity from civil and criminal liability.

The Department and its members, officers and employees are not liable civilly or criminally for any act, omission, error or technical problem that results in:
1. The failure to provide to consumers information regarding a pharmacy, prescription drug or nonprofit organization, including, without limitation, the information made available on the Department’s Internet website pursuant to NRS 439B.670; or
2. The providing to consumers of incorrect information regarding a pharmacy, prescription drug or nonprofit organization, including, without limitation, the information made available on the Department’s Internet website pursuant to NRS 439B.670.
(Added to NRS by 2007, 3139; A 2017, 4302)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.690 - Suspension of components of program or duties of Department if sufficient money not available; acceptance of gifts and grants.

1. On or before July 1 of each odd-numbered year, the Department shall make a determination of whether sufficient money is available and authorized for expenditure to fund one or more components of the programs and other duties of the Department relating to NRS 439B.600 to 439B.695, inclusive.
2. The Department shall temporarily suspend any components of the program or duties of the Department for which it determines pursuant to subsection 1 that sufficient money is not available.
3. The Department may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source to carry out the provisions of NRS 439B.600 to 439B.695, inclusive.
(Added to NRS by 2007, 3140; A 2017, 4303)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.695 - Administrative penalty for failure to provide information to Department; use of money collected by Department.

1. If a pharmacy that is licensed under the provisions of chapter 639 of NRS and is located within the State of Nevada fails to provide to the Department the information required to be provided pursuant to NRS 439B.655 or fails to provide such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the pharmacy an administrative penalty of not more than $500 for each day of such failure.
2. If a manufacturer fails to provide to the Department the information required by NRS 439B.635, 439B.640 or 439B.660, a pharmacy benefit manager fails to provide to the Department the information required by NRS 439B.645, a wholesaler fails to provide to the Department the information required by NRS 439B.642 or a nonprofit organization fails to post or provide to the Department, as applicable, the information required by NRS 439B.665 or a manufacturer, pharmacy benefit manager, wholesaler or nonprofit organization fails to post or provide, as applicable, such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the manufacturer, pharmacy benefit manager, wholesaler or nonprofit organization, as applicable, an administrative penalty of not more than $5,000 for each day of such failure.
3. If a pharmaceutical sales representative fails to comply with the requirements of NRS 439B.660, the Department may impose against the pharmaceutical sales representative an administrative penalty of not more than $500 for each day of such failure.
4. Any money collected as administrative penalties pursuant to this section must be accounted for separately and used by the Department:
(a) For purposes relating to improvement of transparency concerning the costs of prescription drugs, including, without limitation, carrying out and administering the provisions of NRS 439B.600 to 439B.695, inclusive, and 439B.800 to 439B.875, inclusive; and
(b) To establish and carry out programs to:
(1) Educate patients concerning ways to reduce the cost of health care and prescription drugs; and
(2) Provide education concerning chronic diseases.
(Added to NRS by 2007, 3140; A 2017, 4304; 2019, 1465; 2021, 3057, 3730)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.700 - Definitions.

As used in NRS 439B.700 to 439B.760, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439B.703 to 439B.739, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2019, 320)
2023 Nevada Revised Statutes › Chapter 439B - Restraining Costs of Health Care › NRS 439B.715 - "Medically necessary emergency services" defined.

"Medically necessary emergency services" means health care services that are provided by a provider of health care to screen and to stabilize a covered person after the sudden onset of a medical condition that manifests itself by symptoms of such sufficient severity that a prudent person would believe that the absence of immediate medical attention could result in:
1. Serious jeopardy to the health of the covered person;
2. Serious jeopardy to the health of an unborn child of the covered person;
3. Serious impairment of a bodily function of the covered person; or
4. Serious dysfunction of any bodily organ or part of the covered person.
(Added to NRS by 2019, 320)