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Vegas Law

icensed pursuant to chapters 630 to 640, inclusive, of NRS who does not have insurance covering liability for a breach of his professional duty toward a patient shall report to the board which issued his license within 45 days of each settlement or award made or judgment rendered by reason of a claim, if the settlement, award or judgment is for more than $5,000, giving his name and address, the name and address of the claimant and the circumstances of the case. 3. These reports are public records and must be made available for public inspection within a reasonable time after they are received by the licensing board. (Added to NRS by 1981, 589; A 1985, 2246; 2002 Special Session, 24; 2003, 3480)—(Substituted in revision for NRS 690B.045) NRS 690B.260 Physicians and osteopathic physicians: Reports to Commissioner and licensing boards. 1. Each insurer which issues a policy of insurance covering the liability of a physician licensed under chapter 630 of NRS or an osteopathic physician licensed under chapter 633 of NRS for a breach of his professional duty toward a patient shall, within 45 days after a claim is closed under the policy, submit a report to the Commissioner concerning the claim. The report must include, without limitation: (a) The name and address of the claimant and the insured under the policy; (b) A statement setting forth the circumstances of the case; (c) Information indicating whether any payment was made on the claim and the amount of the payment, if any; and (d) The information specified in subsection 2 of NRS 679B.144. 2. An insurer who fails to comply with the provisions of subsection 1 is subject to the imposition of an administrative fine pursuant to NRS 679B.460. 3. The Commissioner shall, within 30 days after receiving a report from an insurer pursuant to this section, submit a report to the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, setting forth the information provided to the Commissioner by the insurer pursuant to this section. (Added to NRS by 1977, 621; A 1987, 735; 2002 Special Session, 24; 2003, 3317, 3481)—(Substituted in revision for NRS 690B.050) NRS 690B.270 Disclosure of reasons for failure to issue professional liability insurance. If an insurer declines to issue to a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS a policy of professional liability insurance, the insurer shall, upon the request of the practitioner, disclose to the practitioner the reasons the insurer declined to issue the policy. (Added to NRS by 2003, 3361) NRS 690B.280 Disclosure of reasons for higher premium. If an insurer, for a policy of professional liability insurance for a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS, sets the premium for the policy for the practitioner at a rate that is higher than the standard rate of the insurer for the applicable type of policy and specialty of the practitioner, the insurer shall, upon the request of the practitioner, disclose the reasons the insurer set the premium for the policy at the higher rate. (Added to NRS by 2003, 3361) NRS 690B.290 Insurer required to offer extended reporting endorsement to certain practitioners; disclosure of formula used to determine premium. If an insurer offers to issue a claims-made policy to a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS, the insurer shall: 1. Offer to issue an extended reporting endorsement to the practitioner; and 2. Disclose to the practitioner the cost formula that the insurer uses to determine the premium for the extended reporting endorsement. The cost formula must be based on: (a) An amount that is not more than twice the amount of the premium for the claims-made policy at the time of the termination of that policy; and (b) The rates filed by the insurer and approved by the Commissioner. (Added to NRS by 2003, 922) NRS 690B.300 Prohibition against setting different premium rates based on number of babies delivered for certain practitioners; exception. 1. Except as otherwise provided in this section, if an insurer issues a policy of professional liability insurance to a practitioner licensed pursuant to chapter 630, 632 or 633 of NRS who delivers one or more babies per year, the insurer shall not set the premium for the policy at a rate that is different from the rate set for such a policy issued by the insurer to any other practitioner licensed pursuant to chapter 630, 632 or 633 of NRS who delivers one or more babies per year if the difference in rates is based in whole or in part upon the number of babies delivered per year by the practitioner. 2. If an insurer issues a policy of professional liability insurance to a practitioner licensed pursuant to chapter 630, 632 or 633 of NRS who delivers one or more babies per year, the insurer may set the premium for the policy at a rate that is different, based in whole or in part upon the number of babies delivered per year by the practitioner, from the rate set for such a policy issued by the insurer to any other practitioner licensed pursuant to chapter 630, 632 or 633 of NRS who delivers one or more babies per year if the insurer: (a) Bases the difference upon actuarial and loss experience data available to the insurer; and (b) Obtains the approval of the Commissioner for the difference in rates. 3. The provisions of this section do not prohibit an insurer from setting the premium for a policy of professional liability insurance issued to a practitioner licensed pursuant to chapter 630, 632 or 633 of NRS who delivers one or more babies per year at a rate that is different from the rate set for such a policy issued by the insurer to any other practitioner licensed pursuant to chapter 630, 632 or 633 of NRS who delivers one or more babies per year if the difference in rates is based solely upon factors other than the number of babies delivered per year by the practitioner. (Added to NRS by 2003, 922) NRS 690B.310 Prohibition against confidentiality of certain information relating to settlement of claim for breach of professional duty of certain practitioners. 1. If an agreement settles a claim or action against a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS for a breach of his professional duty toward a patient, the following terms of the agreement must not be made confidential: (a) The names of the parties; (b) The date of the incidents or events giving rise to the claim or action; (c) The nature of the claim or action as set forth in the complaint and the answer that is filed with the district court; and (d) The effective date of the agreement. 2. Any provision of an agreement to settle a claim or action that conflicts with this section is void. (Added to NRS by 2003, 924) NRS 690B.320 Insurer required to offer extended reporting endorsement; required disclosures. 1. If an insurer offers to issue a claims-made policy to a practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS, the insurer shall: (a) Offer to issue to the practitioner an extended reporting endorsement without a time limitation for reporting a claim. (b) Disclose to the practitioner the premium for the extended reporting endorsement and the cost formula that the insurer uses to determine the premium for the extended reporting endorsement. (c) Disclose to the practitioner the portion of the premium attributable to funding the extended reporting endorsement offered at no additional cost to the practitioner in the event of the practitioner’s death, disability or retirement, if such a benefit is offered. (d) Disclose to the practitioner the vesting requirements for the extended reporting endorsement offered at no additional cost to the practitioner in the event of the practiti

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