to NRS 689A.390 before the policy is issued. An insurer shall not offer a policy of health insurance unless the disclosure for that policy has been approved by the Commissioner. (Added to NRS by 1989, 1249) NRS 689A.405 Coverage for prescription drugs: Provision of notice and information regarding use of formulary. 1. An insurer that offers or issues a policy of health insurance which provides coverage for prescription drugs shall include with any summary, certificate or evidence of that coverage provided to an insured, notice of whether a formulary is used and, if so, of the opportunity to secure information regarding the formulary from the insurer 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 insurer for making a request for information regarding the formulary pursuant to subsection 2. 2. If an insurer offers or issues a policy of health insurance which provides coverage for prescription drugs and a formulary is used, the insurer shall: (a) Provide to any insured 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 insurer 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, 856) NRS 689A.410 Approval or denial of claims; payment of claims and interest; requests for additional information; award of costs and attorney’s fees; compliance with requirements. 1. Except as otherwise provided in subsection 2, an insurer shall approve or deny a claim relating to a policy of health insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. Except as otherwise provided in this section, if the approved claim is not paid within that period, the insurer shall pay interest on the claim at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid. 2. If the insurer requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The insurer shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The insurer shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the insurer shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1. 3. An insurer shall not request a claimant to resubmit information that the claimant has already provided to the insurer, unless the insurer provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims. 4. An insurer shall not pay only part of a claim that has been approved and is fully payable. 5. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section. 6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the insurer. 7. The Commissioner may require an insurer to provide evidence which demonstrates that the insurer has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims. 8. If the Commissioner determines that an insurer is not in substantial compliance with the requirements set forth in this section, the Commissioner may require the insurer to pay an administrative fine in an amount to be determined by the Commissioner. Upon a second or subsequent determination that an insurer is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the insurer. (Added to NRS by 1991, 1328; A 1999, 1647; 2001, 2729; 2003, 3355) NRS 689A.413 Insurer prohibited from denying coverage solely because person was victim of domestic violence. An insurer shall not deny a claim, refuse to issue a policy of health insurance or cancel a policy of health insurance solely because the claim involves an act that constitutes domestic violence pursuant to NRS 33.018, or because the person applying for or covered by the health insurance policy was the victim of such an act of domestic violence, regardless of whether the insured or applicant contributed to any loss or injury. (Added to NRS by 1997, 1095) NRS 689A.415 Insurer prohibited from denying coverage solely because insured was intoxicated or under influence of controlled substance; exceptions. [Effective July 1, 2006.] 1. Except as otherwise provided in subsection 2, an insurer shall not: (a) Deny a claim under a policy of health insurance solely because the claim involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance. (b) Cancel a policy of health insurance solely because an insured has made a claim involving an injury sustained by the insured as a consequence of being intoxicated or under the influence of a controlled substance. (c) Refuse to issue a policy of health insurance to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance. 2. The provisions of this section do not prohibit an insurer from enforcing a provision included in a policy of health insurance pursuant to NRS 689A.270 to: (a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony; (b) Cancel a policy of health insurance solely because of such a claim; or (c) Refuse to issue a policy of health insurance to an eligible applicant solely because of such a claim. (Added to NRS by 2005, 2343, effective July 1, 2006) NRS 689A.417 Insurer prohibited from requiring or using information concerning genetic testing; exceptions. 1. Except as otherwise provided in subsection 2, an insurer who provides health insurance shall not: (a) Requir

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