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tion issued pursuant to paragraph (b) of subsection 1, the statement of consent signed by the policyholder or subscriber, protocols for the clinical trial or study and any other materials related to the scope of the clinical trial or study relevant to the coverage of medical treatment pursuant to this section. 6. An insurer who delivers or issues for delivery a policy specified in subsection 1 shall: (a) Include in the disclosure required pursuant to NRS 689A.390 notice to each policyholder and subscriber under the policy of the availability of the benefits required by this section. (b) Provide the coverage required by this section subject to the same deductible, copayment, coinsurance and other such conditions for coverage that are required under the policy. 7. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2006, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with this section is void. 8. An insurer who delivers or issues for delivery a policy specified in subsection 1 is immune from liability for: (a) Any injury to a policyholder or subscriber caused by: (1) Any medical treatment provided to the policyholder or subscriber in connection with his participation in a clinical trial or study described in this section; or (2) An act or omission by a provider of health care who provides medical treatment or supervises the provision of medical treatment to the policyholder or subscriber in connection with his participation in a clinical trial or study described in this section. (b) Any adverse or unanticipated outcome arising out of a policyholder’s or subscriber’s participation in a clinical trial or study described in this section. 9. As used in this section: (a) “Cooperative group” means a network of facilities that collaborate on research projects and has established a peer review program approved by the National Institutes of Health. The term includes: (1) The Clinical Trials Cooperative Group Program; and (2) The Community Clinical Oncology Program. (b) “Facility authorized to conduct Phase I clinical trials or studies for the treatment of cancer” means a facility or an affiliate of a facility that: (1) Has in place a Phase I program which permits only selective participation in the program and which uses clear-cut criteria to determine eligibility for participation in the program; (2) Operates a protocol review and monitoring system which conforms to the standards set forth in the Policies and Guidelines Relating to the Cancer-Center Support Grant published by the Cancer Centers Branch of the National Cancer Institute; (3) Employs at least two researchers and at least one of those researchers receives funding from a federal grant; (4) Employs at least three clinical investigators who have experience working in Phase I clinical trials or studies conducted at a facility designated as a comprehensive cancer center by the National Cancer Institute; (5) Possesses specialized resources for use in Phase I clinical trials or studies, including, without limitation, equipment that facilitates research and analysis in proteomics, genomics and pharmacokinetics; (6) Is capable of gathering, maintaining and reporting electronic data; and (7) Is capable of responding to audits instituted by federal and state agencies. (c) “Provider of health care” means: (1) A hospital; or (2) A person licensed pursuant to chapter 630, 631 or 633 of NRS. (Added to NRS by 2003, 3519; A 2005, 2009) NRS 689A.04036 Coverage for continued medical treatment. 1. The provisions of this section apply to a policy of health insurance offered or issued by an insurer if an insured covered by the policy receives health care through a defined set of providers of health care who are under contract with the insurer. 2. Except as otherwise provided in this section, if an insured who is covered by a policy described in subsection 1 is receiving medical treatment for a medical condition from a provider of health care whose contract with the insurer is terminated during the course of the medical treatment, the policy must provide that: (a) The insured may continue to obtain medical treatment for the medical condition from the provider of health care pursuant to this section, if: (1) The insured is actively undergoing a medically necessary course of treatment; and (2) The provider of health care and the insured agree that the continuity of care is desirable. (b) The provider of health care is entitled to receive reimbursement from the insurer for the medical treatment he provides to the insured pursuant to this section, if the provider of health care agrees: (1) To provide medical treatment under the terms of the contract between the provider of health care and the insurer with regard to the insured, including, without limitation, the rates of payment for providing medical service, as those terms existed before the termination of the contract between the provider of health care and the insurer; and (2) Not to seek payment from the insured for any medical service provided by the provider of health care that the provider of health care could not have received from the insured were the provider of health care still under contract with the insurer. 3. The coverage required by subsection 2 must be provided until the later of: (a) The 120th day after the date the contract is terminated; or (b) If the medical condition is pregnancy, the 45th day after: (1) The date of delivery; or (2) If the pregnancy does not end in delivery, the date of the end of the pregnancy. 4. The requirements of this section do not apply to a provider of health care if: (a) The provider of health care was under contract with the insurer and the insurer terminated that contract because of the medical incompetence or professional misconduct of the provider of health care; and (b) The insurer did not enter into another contract with the provider of health care after the contract was terminated pursuant to paragraph (a). 5. A policy subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after October 1, 2003, has the legal effect of including the coverage required by this section, and any provision of the policy or renewal thereof that is in conflict with this section is void. 6. The Commissioner shall adopt regulations to carry out the provisions of this section. (Added to NRS by 2003, 3354) NRS 689A.0404 Coverage for use of certain drugs for treatment of cancer. Except as otherwise provided in NRS 689A.04033: 1. No policy of health insurance that provides coverage for a drug approved by the Food and Drug Administration for use in the treatment of an illness, disease or other medical condition may be delivered or issued for delivery in this state unless the policy includes coverage for any other use of the drug for the treatment of cancer, if that use is: (a) Specified in the most recent edition of or supplement to: (1) The United States Pharmacopoeia Drug Information; or (2) The American Hospital Formulary Service Drug Information; or (b) Supported by at least two articles reporting the results of scientific studies that are published in scientific or medical journals, as defined in 21 C.F.R. § 99.3. 2. The coverage required pursuant to this section: (a) Includes coverage for any medical services necessary to administer the drug to the insured. (b) Does not include coverage for

Vegas Law




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