reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 695D - Plans for Dental Care › NRS 695D.225 - Contracts between organization for dental care and dentist: Modification; submission of schedule of payments upon request; exceptions.

1. Except as otherwise provided in NRS 695D.227, a contract between an organization for dental care and a dentist 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 organization for dental care upon giving to the dentist 45 days’ written notice of the modification of the organization for dental care’s schedule of payments, including any changes to the fee schedule applicable to the dentist’s practice. If the dentist 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 dentist 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).
2. If an organization for dental care contracts with a dentist, the organization for dental care shall:
(a) If requested by the dentist at the time the contract is made, submit to the dentist the schedule of payments applicable to the dentist; or
(b) If requested by the dentist at any other time, submit to the dentist the schedule of payments, including any changes to the fee schedule applicable to the dentist’s practice, specified in paragraph (a) within 7 days after receiving the request.
3. The provisions of this section do not apply to an organization for dental care that provides services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt an organization for dental care from any provision of this chapter for services provided pursuant to any other contract.
(Added to NRS by 2011, 2536; A 2013, 1240)
2023 Nevada Revised Statutes › Chapter 695D - Plans for Dental Care › NRS 695D.227 - Prohibitions related to setting of fees by plan or organization for dental care other than covered services to members.

1. No plan for dental care and no contract between an organization for dental care and a dentist may require, directly or indirectly, that the dentist provide dental care to a member at a fee set by or subject to the approval of the organization for dental care unless the dental care is a covered service.
2. An organization for dental care or any other person providing services as a third-party administrator shall not make available any dentists in its network of dentists to a plan for dental care that sets fees for any dental care except covered services.
3. As used in this section, "covered service" means dental care for which reimbursement is available under a member’s policy, or for which reimbursement would be available but for the application of a contractual limitation, including, without limitation, any deductible, copayment, coinsurance, waiting period, annual or lifetime maximum, frequency limitation, alternative benefit payment or any other limitation.
(Added to NRS by 2013, 1239)
2023 Nevada Revised Statutes › Chapter 695D - Plans for Dental Care › NRS 695D.230 - Advertising or materials used to enroll or solicit members: Approval of Commissioner; penalties.

1. Every organization for dental care must submit any advertising, or other materials to be used to enroll or solicit members, to the Commissioner for approval by the Commissioner before they are used by the organization.
2. If the Commissioner does not disapprove the advertising or other materials within 30 days after they are filed with the Commissioner, they shall be deemed to be approved. If the Commissioner disapproves any of the advertising or other materials because they are false, deceptive, or misleading, the Commissioner shall notify the organization of the reasons for disapproving them. The Commissioner shall grant a hearing on the matter within 15 days after the organization requests, in writing, a hearing on the matter.
3. If any advertising or other materials are circulated, issued, displayed or used in any manner to enroll or solicit members before they are approved by the Commissioner or after the Commissioner has disapproved them, the Commissioner may withdraw approval, if any, of the policy and plan for dental care proposed by the organization or take any other disciplinary action permitted by this chapter against the organization.
(Added to NRS by 1983, 2025)
2023 Nevada Revised Statutes › Chapter 695D - Plans for Dental Care › NRS 695D.240 - Limitation on use of charges or premiums for marketing and administrative expenses; regulations.

1. The organization for dental care shall use not more than 25 percent of its prepaid charges or premiums for marketing and administrative expenses, including all costs to solicit members or dentists.
2. The Commissioner may adopt regulations which define "marketing and administrative expenses" for the purposes of subsection 1.
(Added to NRS by 1983, 2026; A 1993, 2401)
2023 Nevada Revised Statutes › Chapter 695D - Plans for Dental Care › NRS 695D.250 - Reserves: Maintenance; exception; held in fiduciary capacity; deposit; penalty for diversion or appropriation; regulations.

1. An organization for dental care shall set aside a reserve equal to 3 percent of the premiums collected from its members up to a total of $500,000. This reserve is in addition to the bond or deposit filed with the Commissioner.
2. This section does not apply to organizations receiving money from federal, state or municipal governments or their political subdivisions or another comparable resource which have had their deposit or bond reduced by the Commissioner.
3. Every organization shall maintain the reserves required by NRS 681B.080, unless a larger amount is required by subsection 1 of this section.
4. The reserve required by subsection 1 is held by the organization in a fiduciary capacity. The organization must deposit the reserve in an interest-bearing trust account established in a bank, credit union, savings and loan association or savings bank in this state that is federally insured or insured by a private insurer approved pursuant to NRS 672.755. The account must be separate from all other accounts maintained by the organization.
5. Any person who diverts or appropriates reserves held in a fiduciary capacity pursuant to this section for the person’s own use is guilty of embezzlement.
6. The Commissioner may adopt reasonable regulations related to the adequacy of a reserve required by this section and the establishment and maintenance of a trust account pursuant to this section.
(Added to NRS by 1983, 2026; A 1993, 2401; 1999, 1554)
2023 Nevada Revised Statutes › Chapter 695D - Plans for Dental Care › NRS 695D.260 - Annual report; financial statement; quarterly statement; administrative penalty for failure to file timely report or statement; extension of time; payment of premium tax and filing fee.

1. Every organization for dental care shall file with the Commissioner on or before March 1 of each year a report covering its activities for the preceding calendar year. The report must be verified by at least two officers of the organization.
2. The report must be on a form prescribed by the Commissioner and must include:
(a) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding calendar year.
(b) Any material changes in the information given in the previous report.
(c) The number of members enrolled in that year, the number of members whose coverage has been terminated in that year and the total number of members at the end of the year.
(d) The costs of all goods, services and dental care provided that year.
(e) Any other information relating to the plan for dental care requested by the Commissioner.
3. Every organization for dental care shall file with the Commissioner annually an audited financial statement in accordance with the provisions of subsection 1 of NRS 680A.265.
4. Every organization for dental care shall file with the Commissioner and the National Association of Insurance Commissioners a quarterly statement in the form most recently adopted by the National Association of Insurance Commissioners for that type of insurer. The quarterly statement must be:
(a) Prepared in accordance with the instructions which are applicable to that form, including, without limitation, the required date of submission for the form; and
(b) Filed by electronic means.
5. If an organization fails to file timely a report or financial statement required by this section, it shall pay an administrative penalty of $100 per day until the report or statement is filed, except that the total penalty must not exceed $3,000. The Attorney General shall recover the penalty in the name of the State of Nevada.
6. The Commissioner may grant a reasonable extension of time for filing any report or statement required by this section, if the request for an extension is submitted in writing and shows good cause.
7. The organization shall pay the Department of Taxation the annual tax, any penalty for nonpayment or delinquent payment of the tax imposed in chapter 680B of NRS, and a filing fee of $25 to the Commissioner, at the time the annual report is filed.
(Added to NRS by 1983, 2026; A 1987, 471; 1991, 2206; 1993, 1923; 1995, 1633, 2682; 2019, 1720)
2023 Nevada Revised Statutes › Chapter 695D - Plans for Dental Care › NRS 695D.270 - Examination by Commissioner.

1. The Commissioner shall, not less frequently than once every 3 years, conduct an examination of an organization for dental care pursuant to NRS 679B.250 to 679B.300, inclusive.
2. The Commissioner may examine any organization which holds a certificate of authority from this State or another state at any other time the Commissioner deems necessary. For those organizations transacting business in this State which are not organized in this State, the Commissioner may accept a full report of the last examination of the organization certified by the state officer who supervises those organizations in the other state, if that examination is equivalent to an examination conducted by the Commissioner.
3. The Commissioner shall, in like manner, examine all organizations applying for a certificate of authority.
(Added to NRS by 1983, 2027; A 2007, 3330)
2023 Nevada Revised Statutes › Chapter 695D - Plans for Dental Care › NRS 695D.290 - Trade practices and frauds: Applicability of provisions to organizations for dental care.

The provisions of NRS 686A.010 to 686A.310, inclusive, relating to trade practices and frauds apply to organizations for dental care.
(Added to NRS by 1983, 2027; A 2023, 22)
2023 Nevada Revised Statutes › Chapter 695D - Plans for Dental Care › NRS 695D.300 - Disciplinary action: Grounds; penalties.

1. The Commissioner may suspend or revoke any certificate of authority issued to an organization for dental care or impose a fine of not more than $500 for each violation if the Commissioner finds that:
(a) The organization is operating contrary to the information it submitted to the Commissioner for its certificate of authority;
(b) The organization issued a policy to a member which was not approved by the Commissioner;
(c) The plan for dental care does not provide basic services appropriate for such a plan;
(d) The organization can no longer meet its obligations to members or prospective members;
(e) The organization or any person on its behalf has advertised its plan in an untrue, misleading, deceptive or unfair manner; or
(f) The organization has failed to comply substantially with this chapter or the regulations of the Commissioner.
2. If the certificate of authority of an organization is suspended, the organization shall not, during the period of the suspension, accept any new members and shall not advertise for or solicit any new members.
3. If the certificate of authority of an organization is revoked, the organization shall proceed, immediately following the order, to terminate its affairs and shall conduct no other business. The Commissioner, by written order, may approve the continued operation of the organization for a specified time if the Commissioner finds that the members need that time to obtain coverage for dental care from another organization or insurer.
(Added to NRS by 1983, 2027)
2023 Nevada Revised Statutes › Chapter 695D - Plans for Dental Care › NRS 695D.310 - Disciplinary or other action: Notice; hearing; order.

1. If the Commissioner believes that grounds for denying a certificate of authority or for suspending or revoking a certificate exist, the Commissioner shall notify the organization for dental care in writing, specifying the grounds for the denial, suspension or revocation and fix a time for a hearing on the matter within 30 days after the notice.
2. After the hearing or upon the failure of the organization to appear at the hearing, the Commissioner shall enter a written order of the decision of the Commissioner which must be mailed by certified mail to the organization.
(Added to NRS by 1983, 2028)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.030 - "Completed operations liability" defined.

1. "Completed operations liability" means liability arising out of the installation, maintenance or repair of any product at a site that is not owned or controlled by:
(a) Any person who performs the work; or
(b) Any person who hires an independent contractor to perform the work.
2. The term includes liability for activities that are completed or abandoned before the occurrence giving rise to the liability.
(Added to NRS by 1987, 1328)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.050 - "Hazardous financial condition" defined.

"Hazardous financial condition" means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able to:
1. Meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or
2. Pay other obligations in the normal course of business.
(Added to NRS by 1987, 1328)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.060 - "Liability" defined.

1. "Liability" means legal liability for damages, including costs of defense, legal costs and fees, and other expenses for claims, because of injuries to other persons, damage to their property, or other damage or loss to those persons resulting from or arising out of any:
(a) Business, whether or not conducted for profit, or any trade, product, services, whether or not professional, or any premises or operations; or
(b) Activity of any state or local government, or any agency or political subdivision thereof.
2. The term does not include personal risk liability and an employer’s liability concerning its employees, other than legal liability under the Federal Employers’ Liability Act.
(Added to NRS by 1987, 1328)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.080 - "Plan of operation" defined.

"Plan of operation" means an analysis of the expected activities and results of a risk retention group, including:
1. The coverages, deductibles, limits of coverage, rates and systems of rating classification for each line of insurance the group intends to offer;
2. Historical and expected loss experience of the proposed members, and national experience of similar exposures to the extent that this experience is reasonably available;
3. Pro forma financial statements and projections;
4. Appropriate opinions by a qualified, independent casualty actuary, including a determination of minimum premium or participation levels required to commence operations and to prevent a hazardous financial condition;
5. Identification of management, underwriting procedures, policies for investment and methods for managerial oversight;
6. Identification of each state in which the group has obtained, or sought to obtain, a charter and a license, and a description of the status of the group in each of those states;
7. Information that is deemed sufficient by the Commissioner to verify that members of the group are engaged in business activities similar or related with respect to the liability to which they are exposed because of any related, similar or common business, trade, product, service, premise or operation; and
8. Such other matters as are prescribed by the Commissioner for liability insurers authorized by the insurance laws of the state in which the risk retention group is chartered.
(Added to NRS by 1987, 1328; A 2013, 3374)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.090 - "Product liability" defined.

"Product liability" means liability for damages because of any personal injury, death, emotional harm, consequential economic damage or damage to property, including damages resulting from the loss of use of property, arising out of the manufacture, design, importation, distribution, packaging, labeling, lease or sale of a product, but does not include the liability of any person for those damages if the product involved was in the possession of that person when the incident giving rise to the claim occurred.
(Added to NRS by 1987, 1329)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.100 - "Purchasing group" defined.

"Purchasing group" means any group which:
1. Has as one of its purposes the purchase of liability insurance on a group basis;
2. Purchases such insurance only for its members and only to cover their similar or related exposure to liability, as described in subsection 3;
3. Is composed of members whose businesses or activities are similar or related with respect to the liability to which they are exposed by virtue of any related, similar or common business, trade, product, services, premises or operations; and
4. Is domiciled in any state.
(Added to NRS by 1987, 1329)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.110 - "Risk retention group" defined.

"Risk retention group" means any corporation or association with limited liability that is formed under the laws of any state, Bermuda or the Cayman Islands:
1. Whose primary activity consists of assuming and spreading all or any portion of the exposure of its corporation or association members to liability;
2. Which is organized primarily to conduct the activity described in subsection 1;
3. Which:
(a) Is chartered and licensed as a liability insurer and authorized to transact insurance under the laws of any state; or
(b) Before January 1, 1985, was chartered or licensed and authorized to transact insurance under the laws of Bermuda or the Cayman Islands and, before that date, had certified to the Commissioner of Insurance of at least one state that it satisfied the state’s requirements for capitalization, except that such a group is considered to be a risk retention group only if it has been engaged in business continuously since that date and only for the purpose of continuing to provide insurance to cover product liability or completed operations liability;
4. Which does not exclude any person from membership in the group solely to provide for members of the group a competitive advantage over an excluded person;
5. Which has as its:
(a) Owners only persons who comprise the membership of the risk retention group and who are provided insurance by the risk retention group; or
(b) Sole owner an organization which has as its:
(1) Members only persons who comprise the membership of the risk retention group; and
(2) Owners only persons who comprise the membership of the risk retention group and who are provided insurance by the group;
6. Whose members are engaged in businesses or activities similar or related with respect to the liability to which they are exposed by virtue of any related, similar or common business, trade, product, services, premises or operations;
7. Whose activities do not include the provision of insurance other than:
(a) Liability insurance for assuming and spreading all or any portion of the liability of the members of the group; and
(b) Reinsurance with respect to the liability of any other risk retention group, or any member of such a group, that is engaged in a business or activity such that the other group or member meets the requirements of subsection 6 for membership in the risk retention group that provides reinsurance; and
8. The name of which includes the phrase "risk retention group."
(Added to NRS by 1987, 1329; A 1995, 1780; 2011, 3397)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.120 - Requirements.

A purchasing group that intends to conduct business in this state shall register with the Commissioner and:
1. Furnish notice to the Commissioner that:
(a) Identifies the state in which the group is domiciled;
(b) Specifies the lines and classifications of liability insurance that the purchasing group intends to purchase;
(c) Identifies the insurer from which the group intends to purchase its insurance and the domicile of the insurer;
(d) Identifies the principal place of business of the group;
(e) Identifies all other states in which the group intends to do business;
(f) Specifies the method by which insurance will be offered to its members whose risks are resident, located or to be performed in this State;
(g) Provides the name, address and telephone number of each person, if any, through whom insurance will be offered to its members whose risks are resident, located or to be performed in this State; and
(h) Provides such other information as the Commissioner requires to verify and determine:
(1) Its qualification as a purchasing group;
(2) Where the purchasing group is located; and
(3) The appropriate tax treatment of the purchasing group; and
2. Appoint the Commissioner as its agent solely to receive service of legal process, and pay the fee for filing a power of attorney required by subsection 4 of NRS 680B.010, except that this subsection does not apply to a purchasing group that:
(a) Was domiciled before April 1, 1986, and on and after October 27, 1986, in any state;
(b) Before and after October 27, 1986, purchased its insurance from an insurer licensed in any state;
(c) Was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 before October 27, 1986; and
(d) Does not purchase insurance that was not authorized for an exemption under that act, as in effect before October 27, 1986.
(Added to NRS by 1987, 1330; A 1995, 1781; 2013, 3374)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.125 - Notification of change in information provided to Commissioner.

A purchasing group shall notify the Commissioner of any change in any of the information required pursuant to subsection 1 of NRS 695E.120, within 10 days after the information ceases to be accurate.
(Added to NRS by 1995, 1780)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.130 - Purchase of insurance; exemption from certain laws.

1. Except as otherwise provided in chapter 685A of NRS, a purchasing group shall not purchase insurance from an unauthorized insurer or a risk retention group that is not chartered or registered in this state.
2. A purchasing group is exempt from any law of this state that relates to the formation or prohibition of groups for the purchase of insurance, and any law that would discriminate against a purchasing group or its members.
3. An insurer is exempt from any law of this state that prohibits providing, or offering to provide, to a purchasing group or its members advantages based on their loss and expense experiences not afforded to other persons with respect to rates, policy forms, coverages or other matters.
4. A purchasing group that obtains liability insurance from a surplus lines insurer or a risk retention group shall inform each of the members of the purchasing group which have a risk resident or located in this state that the risk is not protected by an insurance insolvency guaranty fund in this state, and that the risk retention group or insurer may not be subject to all insurance laws and regulations of this state.
5. No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole, but the coverage may provide for a deductible or self-insured retention applicable to individual members of the group.
6. Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance.
(Added to NRS by 1987, 1330; A 1995, 1782; 2009, 1819)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.135 - Extent of liability for payment of premium tax.

All premiums paid by a purchasing group or any member of the purchasing group for insurance on risks resident, located or to be performed in this state are subject to the payment of premium taxes and any related fines or penalties pursuant to chapters 680A, 680B and 685A of NRS. To the extent that premiums are paid by a purchasing group or any member of the purchasing group:
1. To an authorized insurer, the insurer shall pay the premium taxes and any related fines or penalties pursuant to chapters 680A and 680B of NRS;
2. To a surplus lines broker for insurance procured as surplus lines coverage, the surplus lines broker shall pay the premium taxes and any related fines or penalties pursuant to chapter 685A of NRS; or
3. To an unauthorized insurer for insurance independently procured by the purchasing group or any member of the group, premium taxes and any related fines and penalties are payable first by the purchasing group, and if not paid by the purchasing group, then by each of its members, pursuant to NRS 680B.040.
(Added to NRS by 1995, 1780)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.140 - Requirements.

1. A risk retention group seeking to be chartered in this State must obtain a certificate of authority pursuant to chapter 694C of NRS to transact liability insurance and, except as otherwise provided in this chapter, must comply with:
(a) All of the laws, regulations and requirements applicable to liability insurers in this State, unless otherwise approved by the Commissioner; and
(b) The provisions of NRS 695E.150 to 695E.210, inclusive, to the extent that those provisions do not limit or conflict with the provisions with which the group is required to comply pursuant to paragraph (a).
2. A risk retention group applying to be chartered in this State must submit to the Commissioner an application for licensure as an association captive insurer in accordance with NRS 694C.210.
3. A risk retention group chartered in a state other than Nevada that is seeking to transact insurance as a risk retention group in this State must comply with the provisions of NRS 694C.390 and 695E.150 to 695E.210, inclusive, including, without limitation, by submitting the statement of registration required by paragraph (a) of subsection 1 of NRS 695E.150 and paying all fees required for the statement of registration.
(Added to NRS by 1987, 1330; A 1995, 1782; 2005, 2158; 2013, 3375; 2015, 3508; 2021, 2995)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.150 - Statement of registration; plan of operation; appointment of Commissioner as agent for service of process; filing fee; transmission of revisions of plan of operation by Commissioner.

1. Before transacting insurance in this state, a risk retention group must submit to the Commissioner:
(a) A statement of registration identifying:
(1) Each state in which the risk retention group is chartered or licensed as a liability insurer;
(2) The date of its charter;
(3) Its principal place of business; and
(4) Such other information, including information concerning its membership, as the Commissioner requires to verify its qualification as a risk retention group;
(b) A copy of its plan of operation and any revisions of the plan submitted to its state of domicile, except with respect to any line or classification of liability that was:
(1) Defined in the Product Liability Risk Retention Act of 1981 before October 27, 1986; and
(2) Offered before that date by a risk retention group that had been chartered and operating for not less than 3 years before that date; and
(c) A statement appointing the Commissioner as its agent for service of process pursuant to NRS 680A.250, together with the fee for filing a power of attorney required by subsection 4 of NRS 680B.010.
2. The Commissioner shall, upon receipt of any revisions of a plan of operation provided by a risk retention group pursuant to paragraph (b) of subsection 1, transmit a copy of those revisions to the National Association of Insurance Commissioners.
(Added to NRS by 1987, 1331; A 1995, 1783; 2013, 3376)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.160 - Submission of financial statement, examinations, audits and other information.

A risk retention group transacting insurance in this state shall submit to the Commissioner:
1. A copy of the group’s financial statement submitted to its state of domicile, which must be certified by an independent public accountant and contain a statement of opinion on its reserves for loss and expenses of loss adjustment made by a member of the American Academy of Actuaries or another qualified specialist in reserves for loss;
2. A copy of each examination of the risk retention group, certified by the Commissioner or other public officer conducting the examination;
3. Upon the request of the Commissioner, a copy of any audit performed with respect to the risk retention group; and
4. Such other information as the Commissioner requires to verify its continuing qualification as a risk retention group.
(Added to NRS by 1987, 1331)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.170 - Applicability of other provisions; duties of agent or broker.

1. A risk retention group and its agents and representatives are subject to the provisions of:
(a) NRS 680A.205 and any regulations adopted pursuant thereto, including, without limitation, regulations relating to the standards which may be used by the Commissioner in determining whether a risk retention group is in a hazardous financial condition.
(b) NRS 686A.010 to 686A.310, inclusive. Any injunction obtained pursuant to those sections must be obtained from a court of competent jurisdiction.
2. All premiums paid for coverages within this state to a risk retention group are subject to the provisions of chapter 680B of NRS. Each risk retention group shall report all premiums paid to it and shall pay the taxes on premiums and any related fines or penalties for risks resident, located or to be performed in the state.
3. Any person acting as an agent or a broker for a risk retention group pursuant to NRS 695E.210 shall:
(a) Report to the Commissioner each premium for direct business for risks resident, located or to be performed in this State which the person has placed with or on behalf of a risk retention group that is not chartered in this State.
(b) Maintain a complete and separate record of each policy obtained from each risk retention group. Each record maintained pursuant to this subsection must be made available upon request by the Commissioner for examination pursuant to NRS 679B.240, and must include, for each policy and each kind of insurance provided therein:
(1) The limit of liability;
(2) The period covered;
(3) The effective date;
(4) The name of the risk retention group which issued the policy;
(5) The gross annual premium charged; and
(6) The amount of return premiums, if any.
4. As used in this section, "premiums for direct business" means any premium written in this State for a policy of insurance. The term does not include any premium for reinsurance or for a contract between members of a risk retention group.
(Added to NRS by 1987, 1331; A 1995, 1633, 1783; 1997, 549; 2013, 3376; 2021, 2996; 2023, 22)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.180 - Notice required in policy.

A policy issued by a risk retention group must contain in 10-point type on the front page and the declaration page, the following notice:
NOTICE
This policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your state. State insolvency guaranty funds are not available for your risk retention group.
(Added to NRS by 1987, 1332)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.190 - Risk retention group not chartered and doing business in this State: Examination by Commissioner; compliance with order issued in certain proceedings if finding of financial impairment after examination; enforcement by district courts in this State of order issued by federal court enjoining conduct of operations or transaction of insurance in any state.

1. A risk retention group shall submit to an examination by the Commissioner to determine its financial condition if the commissioner of insurance of the jurisdiction in which the group is chartered does not initiate such an examination within 60 days after a request by the Commissioner of Insurance of this state. The examination must be coordinated to avoid unjustified repetition and conducted in an expeditious manner. The Commissioner shall give due consideration to the procedure outlined in the handbook for examiners sponsored by the National Association of Insurance Commissioners.
2. A risk retention group not chartered in this state and doing business in this state shall comply with a lawful order issued in a proceeding for voluntary dissolution or in a delinquency proceeding commenced by a commissioner of insurance of any state if there has been a finding of financial impairment after an examination conducted pursuant to subsection 1.
3. An order issued by a District Court of the United States, entered upon a finding that a risk retention group is in a hazardous financial condition, that enjoins the group from conducting operations or transacting insurance in any state, must be enforced by the district courts of this state.
(Added to NRS by 1987, 1332)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.200 - Prohibited acts.

A risk retention group shall not:
1. Transact insurance with any person who is not eligible for membership in the risk retention group;
2. Conduct any business in this state if an insurer is directly or indirectly a member or owner of the group, unless all the members of the group are insurers;
3. Transact insurance or otherwise operate while financially impaired or in a hazardous financial condition;
4. Issue any insurance policy with terms providing, or which have been construed as providing, coverage prohibited by a specific statute of this state or declared unlawful by the highest court of this state which has rendered a judgment concerning the legality of that coverage; or
5. Join or contribute financially to the Nevada Insurance Guaranty Association, or to any similar organization or fund in this state, and the provisions of chapter 687A of NRS do not apply to a risk retention group. A risk retention group and its insureds shall not accept any benefit from such an organization or fund for claims arising out of the operation of the risk retention group.
(Added to NRS by 1987, 1332; A 1995, 1783)
2023 Nevada Revised Statutes › Chapter 695E - Liability Risk Retention › NRS 695E.210 - Applicability of other provisions; fines and penalties for violation of chapter by risk retention group.

1. The provisions of chapters 683A and 685A of NRS apply to any person acting, or offering to act, as an agent or broker for:
(a) A purchasing group;
(b) A member of a purchasing group under the group policy; or
(c) A risk retention group transacting insurance in this State.
2. Except as otherwise provided in this chapter, the provisions of chapter 679B of NRS apply to purchasing groups and risk retention groups, and to the provisions of this chapter, to the extent that the provisions of chapter 679B of NRS are not specifically preempted by the Product Liability Risk Retention Act of 1981, as amended by the Risk Retention Amendments of 1986.
3. A risk retention group that violates any provision of this chapter is subject to the fines and penalties, including revocation of its right to do business in this state, applicable to licensed insurers under this title.
(Added to NRS by 1987, 1333; A 1995, 1784; 2019, 1721)
2023 Nevada Revised Statutes › Chapter 695F - Prepaid Limited Health Service Organizations › NRS 695F.010 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 695F.020 to 695F.070, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1991, 1113; A 1995, 2439)
2023 Nevada Revised Statutes › Chapter 695F - Prepaid Limited Health Service Organizations › NRS 695F.040 - "Limited health service" defined.

"Limited health service" means:
1. Chiropractic, naprapathic, dental, hospital, medical, optometric, pharmaceutical, podiatric or surgical care;
2. Treatment relating to mental health or an alcohol or substance use disorder; or
3. Such other care or treatment as may be determined by the Commissioner to be a limited health service.
(Added to NRS by 1991, 1113; A 1993, 2402; 2023, 1711)
2023 Nevada Revised Statutes › Chapter 695F - Prepaid Limited Health Service Organizations › NRS 695F.043 - "Medicaid" defined.

"Medicaid" means a program established in any state 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 1995, 2437)
2023 Nevada Revised Statutes › Chapter 695F - Prepaid Limited Health Service Organizations › NRS 695F.050 - "Prepaid limited health service organization" defined.

1. "Prepaid limited health service organization" means any person who, in return for a prepayment, agrees to provide or arrange for the provision of one or more limited health services to enrollees.
2. The term does not include:
(a) A person otherwise authorized pursuant to the laws of this state to provide a limited health service on a prepayment basis or any other basis or to indemnify for any limited health service;
(b) A person who complies with the requirements of NRS 695F.130; or
(c) A provider who provides or arranges for the provision of a limited health service pursuant to a contract with a prepaid limited health service organization or person described in paragraph (a) or (b).
(Added to NRS by 1991, 1113)
2023 Nevada Revised Statutes › Chapter 695F - Prepaid Limited Health Service Organizations › NRS 695F.070 - "Subscriber" defined.

"Subscriber" means a person whose employment or other status, except for family dependency, is the basis for his or her entitlement to receive a limited health service pursuant to a contract with a person authorized to provide or arrange for that service pursuant to this chapter.
(Added to NRS by 1991, 1114)
2023 Nevada Revised Statutes › Chapter 695F - Prepaid Limited Health Service Organizations › NRS 695F.080 - General applicability of title 57 of NRS.

Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any prepaid limited health service organization granted a certificate of authority pursuant to this chapter. This section does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a prepaid limited health service organization authorized and regulated pursuant to this chapter.
(Added to NRS by 1991, 1114)
2023 Nevada Revised Statutes › Chapter 695F - Prepaid Limited Health Service Organizations › NRS 695F.090 - Applicability of chapter and other provisions.

1. Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions, to the extent reasonably applicable:
(a) NRS 686B.010 to 686B.175, inclusive, concerning rates and essential insurance.
(b) NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.
(c) NRS 687B.122 to 687B.128, inclusive, concerning readability of policies.
(d) The requirements of NRS 679B.152.
(e) The fees imposed pursuant to NRS 449.465.
(f) NRS 686A.010 to 686A.310, inclusive, concerning trade practices and frauds.
(g) The assessment imposed pursuant to NRS 679B.700.
(h) Chapter 683A of NRS.
(i) To the extent applicable, the provisions of NRS 689B.340 to 689B.580, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance.
(j) NRS 689A.035, 689A.0463, 689A.410, 689A.413 and 689A.415.
(k) NRS 680B.025 to 680B.060, inclusive, concerning premium tax, premium tax rate, annual report and estimated quarterly tax payments. For the purposes of this paragraph, unless the context otherwise requires that a section apply only to insurers, any reference in those sections to "insurer" must be replaced by a reference to "prepaid limited health service organization."
(l) Chapter 692C of NRS, concerning holding companies.
(m) NRS 689A.637, concerning health centers.
(n) Chapter 681B of NRS, concerning assets and liabilities.
(o) NRS 682A.400 to 682A.468, inclusive, concerning investments.
2. For the purposes of this section and the provisions set forth in subsection 1, a prepaid limited health service organization is included in the meaning of the term "insurer."
(Added to NRS by 1991, 1121; A 1993, 2402; 1997, 1097, 2960, 2962, 3036; 1999, 631, 1652; 2001, 480, 1924; 2005, 2346; 2013, 3458, 3650; 2015, 646; 2017, 2399; 2021, 902, 2996; 2023, 23)
2023 Nevada Revised Statutes › Chapter 695F - Prepaid Limited Health Service Organizations › NRS 695F.120 - Review of application; issuance of certificate.

1. The Commissioner shall review each application and notify the applicant of any deficiency contained in the application.
2. The Commissioner shall issue a certificate of authority to an applicant if:
(a) The applicant has complied with the requirements set forth in NRS 695F.110;
(b) The persons responsible for conducting the applicant’s affairs are competent, trustworthy and possess good reputations, and have the appropriate experience, training or education;
(c) The applicant is financially responsible and may reasonably be expected to carry out its obligations to enrollees and prospective enrollees; and
(d) The agreements with providers for the limited health service include the provisions required by NRS 695F.220.
3. The Commissioner may, when determining whether an applicant complies with the requirements of paragraph (c) of subsection 2, consider:
(a) The financial soundness of the applicant’s arrangements for the provision of a limited health service and the schedule of rates, deductibles, copayments and other charges used in connection therewith;
(b) The adequacy of working capital, any other sources of funding and any provisions for contingencies;
(c) Any agreement for paying the cost of a limited health service or for alternative coverage if the prepaid limited health service organization becomes insolvent; and
(d) The applicant’s manner of compliance with the requirements of NRS 695F.200.
(Added to NRS by 1991, 1115)
2023 Nevada Revised Statutes › Chapter 695F - Prepaid Limited Health Service Organizations › NRS 695F.130 - Application of person who is licensed as insurer or holds another certificate of authority.

Any person who is licensed as an insurer pursuant to chapter 680A of NRS or issued a certificate of authority pursuant to chapter 695A, 695B or 695C of NRS may submit an application to the Commissioner for a certificate of authority to provide a limited health service in this state. The application must include the information requested by subsections 4, 5, 7, 8, 10, 11, 12 and 15 of NRS 695F.110 and any subsequent material changes or additions thereto.
(Added to NRS by 1991, 1116)
2023 Nevada Revised Statutes › Chapter 695F - Prepaid Limited Health Service Organizations › NRS 695F.140 - Denial of application; hearing.

1. If the Commissioner denies an application for a certificate of authority of a person who files an application pursuant to NRS 695F.120 or 695F.130, the Commissioner shall send a written notice to the applicant. The notice must include the reason for the denial of the certificate.
2. The applicant may, within 30 days after it receives the notice, submit to the Commissioner a written request for a hearing on the matter. The Commissioner shall hold a hearing within 30 days after the Commissioner receives the request.
3. The hearing must be held in the manner set forth in NRS 679B.310 to 679B.370, inclusive. The decision of the Commissioner is a final decision for the purpose of judicial review.
(Added to NRS by 1991, 1116)
2023 Nevada Revised Statutes › Chapter 695F - Prepaid Limited Health Service Organizations › NRS 695F.150 - Evidence of coverage: Issuance; contents; amendment.

1. A prepaid limited health service organization shall issue evidence of coverage to each subscriber. Each evidence of coverage must contain a clear and complete statement of:
(a) The limited health service which the enrollee is entitled to receive;
(b) Any limitation of that service, type of service or benefits to be provided, and exclusions, including any deductible, copayment or other charges;
(c) Where and in what manner information is available concerning the location of and manner in which the limited health service may be obtained; and
(d) The method established for the resolution of complaints submitted by enrollees concerning the provision of the limited health service.
2. A prepaid limited health service organization may provide to a subscriber any amendment to the evidence of coverage in a separate document.
(Added to NRS by 1991, 1116)
2023 Nevada Revised Statutes › Chapter 695F - Prepaid Limited Health Service Organizations › NRS 695F.153 - Evidence of coverage covering prescription drugs: Provision of notice and information regarding use of formulary.

1. A prepaid limited health service organization that offers or issues evidence of coverage which provides coverage for prescription drugs shall include with any evidence of that coverage provided to a subscriber, notice of whether a formulary is used and, if so, of the opportunity to secure information regarding the formulary from the organization pursuant to subsection 2. The notice required by this subsection must:
(a) Be in a language that is easily understood and in a format that is easy to understand;
(b) Include an explanation of what a formulary is; and
(c) If a formulary is used, include:
(1) An explanation of:
(I) How often the contents of the formulary are reviewed; and
(II) The procedure and criteria for determining which prescription drugs are included in and excluded from the formulary; and
(2) The telephone number of the organization for making a request for information regarding the formulary pursuant to subsection 2.
2. If a prepaid limited health service organization offers or issues evidence of coverage which provides coverage for prescription drugs and a formulary is used, the organization shall:
(a) Provide to any enrollee or participating provider of health care, upon request:
(1) Information regarding whether a specific drug is included in the formulary.
(2) Access to the most current list of prescription drugs in the formulary, organized by major therapeutic category, with an indication of whether any listed drugs are preferred over other listed drugs. If more than one formulary is maintained, the organization shall notify the requester that a choice of formulary lists is available.
(b) Notify each person who requests information regarding the formulary, that the inclusion of a drug in the formulary does not guarantee that a provider of health care will prescribe that drug for a particular medical condition.
(Added to NRS by 2001, 864)