e an insured person or any member of his family to take a genetic test; (b) Require an insured person to disclose whether he or any member of his family has taken a genetic test or any genetic information of the insured person or a member of his family; or (c) Determine the rates or any other aspect of the coverage or benefits for health care provided to an insured person based on: (1) Whether the insured person or any member of his family has taken a genetic test; or (2) Any genetic information of the insured person or any member of his family. 2. The provisions of this section do not apply to an insurer who issues a policy of health insurance that provides coverage for long-term care or disability income. 3. As used in this section: (a) “Genetic information” means any information that is obtained from a genetic test. (b) “Genetic test” means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that: (1) Are linked to physical or mental disorders or impairments; or (2) Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental. (Added to NRS by 1997, 1459) NRS 689A.419 Offering policy of health insurance for purposes of establishing health savings account. An insurer may, subject to regulation by the Commissioner, offer a policy of health insurance that has a high deductible and is in compliance with 26 U.S.C. § 223 for the purposes of establishing a health savings account. (Added to NRS by 2005, 2136) ELIGIBILITY FOR COVERAGE NRS 689A.420 Definitions. As used in NRS 689A.420 to 689A.460, inclusive, unless the context otherwise requires: 1. “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. 2. “Order for medical coverage” means an order of a court or administrative tribunal to provide coverage under a policy of health insurance to a child pursuant to the provisions of 42 U.S.C. § 1396g-1. (Added to NRS by 1995, 2427) NRS 689A.430 Effect of eligibility for medical assistance under Medicaid; assignment of rights to state agency. 1. An insurer shall not, when considering eligibility for coverage or making payments under a policy of health insurance, consider the availability of, or eligibility of a person for, medical assistance under Medicaid. 2. To the extent that payment has been made by Medicaid for health care, an insurer, group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.A. § 1167(1)), service benefit plan, health maintenance organization or other organization that has issued a policy of health insurance: (a) Shall treat Medicaid as having a valid and enforceable assignment of an insured’s benefits regardless of any exclusion of Medicaid or the absence of a written assignment; and (b) May, as otherwise allowed by the policy, evidence of coverage or contract and applicable law or regulation concerning subrogation, seek to enforce any right of a recipient of Medicaid to reimbursement against any other liable party if: (1) It is so authorized pursuant to a contract with Medicaid for managed care; or (2) It has reimbursed Medicaid in full for the health care provided by Medicaid to its insured. 3. If a state agency is assigned any rights of a person who is: (a) Eligible for medical assistance under Medicaid; and (b) Covered by a policy of health insurance, the insurer that issued the policy shall not impose any requirements upon the state agency except requirements it imposes upon the agents or assignees of other persons covered by the policy. (Added to NRS by 1995, 2427) NRS 689A.440 Insurer prohibited from asserting certain grounds to deny enrollment of child of insured pursuant to order. An insurer shall not deny the enrollment of a child pursuant to an order for medical coverage, under a policy of health insurance pursuant to which a parent of the child is insured, on the ground that the child: 1. Was born out of wedlock; 2. Has not been claimed as a dependent on the parent’s federal income tax return; or 3. Does not reside with the parent or within the insurer’s geographic area of service. (Added to NRS by 1995, 2427) NRS 689A.450 Certain accommodations to be made when child is covered under policy of noncustodial parent. If a child has coverage under a policy of health insurance pursuant to which a noncustodial parent of the child is insured, the insurer issuing that policy shall: 1. Provide to the custodial parent such information as necessary for the child to obtain any benefits under that coverage. 2. Allow the custodial parent or, with the approval of the custodial parent, a provider of health care to submit claims for covered services without the approval of the noncustodial parent. 3. Make payments on claims submitted pursuant to subsection 2 directly to the custodial parent, the provider of health care or an agency of this or another state responsible for the administration of Medicaid. (Added to NRS by 1995, 2428) NRS 689A.460 Insurer to authorize enrollment of child of parent who is required by order to provide medical coverage under certain circumstances; termination of coverage of child. If a parent is required by an order for medical coverage to provide coverage under a policy of health insurance for a child and the parent is eligible for coverage of members of his family under a policy of health insurance, the insurer that issued the policy: 1. Shall, if the child is otherwise eligible for that coverage, allow the parent to enroll the child in that coverage without regard to any restrictions upon periods for enrollment. 2. Shall, if: (a) The child is otherwise eligible for that coverage; and (b) The parent is enrolled in that coverage but fails to apply for enrollment of the child, enroll the child in that coverage upon application by the other parent of the child, or by an agency of this or another state responsible for the administration of Medicaid or a state program for the enforcement of child support established pursuant to 42 U.S.C. §§ 651 et seq., without regard to any restrictions upon periods for enrollment. 3. Shall not terminate the enrollment of the child in that coverage or otherwise eliminate that coverage of the child unless the insurer has written proof that: (a) The order for medical coverage is no longer in effect; or (b) The child is or will be enrolled in comparable coverage through another insurer on or before the effective date of the termination of enrollment or elimination of coverage. (Added to NRS by 1995, 2428) PORTABILITY AND ACCOUNTABILITY General Provisions NRS 689A.470 Definitions. As used in NRS 689A.470 to 689A.740, inclusive, unless the context otherwise requires, the words and terms defined in NRS 689A.475 to 689A.605, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1997, 2883; A 2001, 1922; 2005, 2136) NRS 689A.475 “Affiliated” defined. “Affiliated” means any entity or person who directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with a specified entity or person. (Added to NRS by 1997, 2883) NRS 689A.480 “Basic health benefit plan” defined. “Basic health benefit plan” means the basic health benefit plan developed pursuant to NRS 689C.610 to 689C.980, inclusive. (Added to NRS by 1

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