Vegas Law



Vegas Lawyer

(702) 388-1229



Nevada Injury Law

Wrongful Death | Car Accident | Slip & Fall | Malpractice | Product Defect | Other Claims

Las Vegas Inury Lawyer
Las Vegas Injury Lawyer





Vegas Law

d 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that coverage of the child unless the organization has written proof that: (a) The order for medical coverage is no longer in effect; or (b) The child is or will be enrolled in comparable coverage through another insurer on or before the effective date of the termination of enrollment or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, 2436) NRS 695C.1691 Required provision concerning coverage for continued medical care. 1. The provisions of this section apply to a health care plan offered or issued by a health maintenance organization if an insured covered by the health care plan receives health care through a defined set of providers of health care who are under contract with the health maintenance organization. 2. Except as otherwise provided in this section, if an insured who is covered by a health care plan described in subsection 1 is receiving medical treatment for a medical condition from a provider of health care whose contract with the health maintenance organization is terminated during the course of the medical treatment, the health care plan 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 health maintenance organization 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 health maintenance organization 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 health maintenance organization; 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 health maintenance organization. 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 health maintenance organization and the health maintenance organization terminated that contract because of the medical incompetence or professional misconduct of the provider of health care; and (b) The health maintenance organization did not enter into another contract with the provider of health care after the contract was terminated pursuant to paragraph (a). 5. An evidence of coverage for a health care plan 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 evidence of coverage 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, 3365) NRS 695C.1693 Required provision concerning coverage for treatment received as part of clinical trial or study. 1. Except as otherwise provided in NRS 695C.050, a health care plan issued by a health maintenance organization must provide coverage for medical treatment which an enrollee receives as part of a clinical trial or study if: (a) The medical treatment is provided in a Phase I, Phase II, Phase III or Phase IV study or clinical trial for the treatment of cancer or in a Phase II, Phase III or Phase IV study or clinical trial for the treatment of chronic fatigue syndrome; (b) The clinical trial or study is approved by: (1) An agency of the National Institutes of Health as set forth in 42 U.S.C. § 281(b); (2) A cooperative group; (3) The Food and Drug Administration as an application for a new investigational drug; (4) The United States Department of Veterans Affairs; or (5) The United States Department of Defense; (c) In the case of: (1) A Phase I clinical trial or study for the treatment of cancer, the medical treatment is provided at a facility authorized to conduct Phase I clinical trials or studies for the treatment of cancer; or (2) A Phase II, Phase III or Phase IV study or clinical trial for the treatment of cancer or chronic fatigue syndrome, the medical treatment is provided by a provider of health care and the facility and personnel for the clinical trial or study have the experience and training to provide the treatment in a capable manner; (d) There is no medical treatment available which is considered a more appropriate alternative medical treatment than the medical treatment provided in the clinical trial or study; (e) There is a reasonable expectation based on clinical data that the medical treatment provided in the clinical trial or study will be at least as effective as any other medical treatment; (f) The clinical trial or study is conducted in this State; and (g) The enrollee has signed, before his participation in the clinical trial or study, a statement of consent indicating that he has been informed of, without limitation: (1) The procedure to be undertaken; (2) Alternative methods of treatment; and (3) The risks associated with participation in the clinical trial or study, including, without limitation, the general nature and extent of such risks. 2. Except as otherwise provided in subsection 3, the coverage for medical treatment required by this section is limited to: (a) Coverage for any drug or device that is approved for sale by the Food and Drug Administration without regard to whether the approved drug or device has been approved for use in the medical treatment of the enrollee. (b) The cost of any reasonably necessary health care services that are required as a result of the medical treatment provided in a Phase II, Phase III or Phase IV clinical trial or study or as a result of any complication arising out of the medical treatment provided in a Phase II, Phase III or Phase IV clinical trial or study, to the extent that such health care services would otherwise be covered under the health care plan. (c) The cost of any routine health care services that would otherwise be covered under the health care plan for an enrollee in a Phase I clinical trial or study. (d) The initial consultation to determine whether the enrollee is eligible to participate in the clinical trial or study. (e) Health care services required for the clinically appropriate monitoring of the enrollee during a Phase II, Phase III or Phase IV clinical trial or study. (f) Health care services which are required for the clinically appropriate monitoring of the enrollee during a Phase I clinical trial or study and which are not directly related to the clinical trial or study. Except as otherwise provided in NRS 695C.1691, the services pro

Vegas Law




Read this important disclaimer

If you experience unusual problems with this site please email the webmaster.

Copyright: David Matheny, 2005-2008.