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(3) Discontinue all health insurance issued or delivered for issuance for individuals in this state and not renew coverage under any health benefit plan issued to such individuals.
(d) The Commissioner finds that the continuation of the coverage in this state by the individual carrier would not be in the best interests of the policyholders or certificate holders of the individual carrier or would impair the ability of the individual carrier to meet its contractual obligations. If the Commissioner makes such a finding, the Commissioner shall assist the persons covered by the discontinued insurance in this state in finding replacement coverage.
2. An individual carrier may discontinue the issuance and renewal of a form of a product of a health benefit plan if the Commissioner finds that the form of the product offered by the individual carrier is obsolete and is being replaced with comparable coverage. A form of a product of a health benefit plan may be discontinued by the individual carrier pursuant to this subsection only if:
(a) The individual carrier notifies the Commissioner and the chief regulatory officer for insurance in each state in which it is licensed of its decision pursuant to this subsection to discontinue the issuance and renewal of the form of the product at least 60 days before the individual carrier notifies the persons covered by the discontinued insurance pursuant to paragraph (b).
(b) The individual carrier notifies each person covered by the discontinued insurance, the Commissioner and the chief regulatory officer for insurance in each state in which a person covered by the discontinued insurance is known to reside of the decision of the individual carrier to discontinue offering the form of the product. The notice must be made to persons covered by the discontinued insurance at least 180 days before the date on which the individual carrier will discontinue offering the form of the product.
(c) The individual carrier offers to each person covered by the discontinued insurance the option to purchase any other health benefit plan currently offered by the individual carrier to individuals in this state.
(d) In exercising the option to discontinue the form of the product and in offering the option to purchase other coverage pursuant to paragraph (c), the individual carrier acts uniformly without regard to the claim experience of the persons covered by the discontinued insurance or any health status-related factor relating to those persons or beneficiaries covered by the discontinued form of the product or any persons or beneficiaries who may become eligible for such coverage.
3. An individual carrier may discontinue the issuance and renewal of a health benefit plan that is made available to individuals pursuant to this chapter only through a bona fide association if:
(a) The membership of the individual in the association was the basis for the provision of coverage;
(b) The membership of the individual in the association ceases; and
(c) The coverage is terminated pursuant to this subsection uniformly without regard to any health status-related factor relating to the covered individual.
4. An individual carrier that elects not to renew a health benefit plan pursuant to paragraph (c) of subsection 1 shall not write new business for individuals pursuant to this chapter for 5 years after the date on which notice is provided to the Commissioner pursuant to subparagraph (2) of paragraph (c) of subsection 1.
5. If an individual carrier does business in only one established geographic service area of this state, the provisions of this section apply only to the operations of the individual carrier in that service area.
(Added to NRS by 1997, 2890)
NRS 689A.635 Coverage offered through network plan not required to be offered to eligible person who does not reside or work in established geographic service area.
1. An individual carrier that offers coverage through a network plan is not required pursuant to NRS 689A.630 to offer coverage to or accept an application from an eligible person if the eligible person does not reside or work in the established geographic service area or in a geographic area for which the individual carrier is authorized to transact insurance, provided that the coverage is refused or terminated uniformly without regard to any health status-related factor of any eligible person.
2. As used in this section, “network plan” means a health benefit plan offered by a health carrier under which the financing and delivery of medical care is provided, in whole or in part, through a defined set of providers under contract with the carrier. The term does not include an arrangement for the financing of premiums.
(Added to NRS by 1997, 2892)
NRS 689A.637 Coverage offered through plan that provides for restricted network: Contracts with certain federally qualified health centers.
1. An individual carrier that offers a health benefit plan that includes a provision for a restricted network shall use its best efforts to contract with at least one health center in each established geographic service area to provide health care services to persons covered by the plan if the health center:
(a) Meets all conditions imposed by the carrier on similarly situated providers of health care with which the carrier contracts, including, without limitation:
(1) Certification for participation in the Medicaid or Medicare program; and
(2) Requirements relating to the appropriate credentials for providers of health care; and
(b) Agrees to reasonable reimbursement rates that are generally consistent with those offered by the carrier to similarly situated providers of health care with which the carrier contracts.
2. As used in this section, “health center” has the meaning ascribed to it in 42 U.S.C. § 254b.
(Added to NRS by 2001, 1922)
NRS 689A.640 Each health benefit plan marketed in this State required to be offered to eligible persons.
1. As a condition of transacting insurance in this State with individuals, an individual carrier must actively market to eligible persons each health benefit plan that is actively marketed in this State by the individual carrier to any individual in this State. The health insurance plans marketed pursuant to this section by an individual carrier must include, without limitation, a basic health benefit plan and a standard health benefit plan.
2. An individual carrier shall issue to an eligible person any basic or standard individual health benefit plan that it markets in accordance with subsection 1 if the eligible person applies for the plan and agrees to make the required premium payments and satisfy the other reasonable provisions of the health benefit plan that are not inconsistent with NRS 689A.470 to 689A.740, inclusive.
(Added to NRS by 1997, 2892)
NRS 689A.645 Coverage to eligible person who does not reside in established geographic service area not required; coverage within certain areas not required. An individual carrier is not required pursuant to NRS 689A.640 to offer coverage to or accept an application for coverage:
1. From an eligible person if he does not reside in the established geographic service area of the individual carrier.
2. Within an area where the individual carrier reasonably anticipates, and demonstrates to the satisfaction of the Commissioner, that the individual carrier does not have the capacity within its established geographic service area to deliver adequate service to additional eligible persons because of its obligations to existing policyholders. If an individual carrier is authorized by the Commissioner not to offer coverage pursuant to this subsection, the individual carrier shall not thereafter offer coverage in the applicable area to additional eligible persons until the individual carrier demonstrates to the satisfaction of the Commission
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