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d pursuant to NRS 99.040. The interest must be calculated from the date the payment is due until the claim is paid.
2. If the organization for dental care 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 organization for dental care shall notify the provider of dental care of the reason for the delay in approving or denying the claim. The organization for dental care shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the organization for dental care shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the organization for dental care shall pay interest on the claim in the manner prescribed in subsection 1.
(Added to NRS by 1991, 1332)
NRS 695D.217 Organization for dental care prohibited from denying coverage solely because person was victim of domestic violence. An organization for dental care shall not deny a claim, refuse to issue a policy or cancel a policy 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 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, 1097)
NRS 695D.219 Organization for dental care prohibited from denying coverage solely because member was intoxicated or under the influence of controlled substance; exceptions. [Effective July 1, 2006.]
1. Except as otherwise provided in subsection 2, an organization for dental care shall not:
(a) Deny a claim under a plan for dental care solely because the claim involves an injury sustained by a member as a consequence of being intoxicated or under the influence of a controlled substance.
(b) Cancel participation under a plan for dental care solely because a member has made a claim involving an injury sustained by the member as a consequence of being intoxicated or under the influence of a controlled substance.
(c) Refuse participation under a plan for dental care 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 organization for dental care from enforcing a provision included in a plan for dental care 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 participation under a plan for dental care solely because of such a claim; or
(c) Refuse participation under a plan for dental care to an eligible applicant solely because of such a claim.
(Added to NRS by 2005, 2346, effective July 1, 2006)
NRS 695D.220 Licensing of agents.
1. The provisions of chapter 683A of NRS apply to the licensing of agents for an organization for dental care.
2. As used in this section, “agent” means any person who is associated, directly or indirectly, with the organization and engages in soliciting or enrolling members.
(Added to NRS by 1983, 2027)
NRS 695D.230 Approval of advertising or materials used to solicit members.
1. Every organization for dental care must submit any advertising, or other materials to be used to enroll or solicit members, to the Commissioner for his approval before they are used by the organization.
2. If the Commissioner does not disapprove the advertising or other materials within 30 days after they are filed with the Commissioner, they shall be deemed to be approved. If the Commissioner disapproves any of the advertising or other materials because they are false, deceptive, or misleading, he shall notify the organization of his reasons for disapproving them. The Commissioner shall grant a hearing on the matter within 15 days after the organization requests, in writing, a hearing on the matter.
3. If any advertising or other materials are circulated, issued, displayed or used in any manner to enroll or solicit members before they are approved by the Commissioner or after he has disapproved them, the Commissioner may withdraw his approval, if any, of the policy and plan for dental care proposed by the organization or take any other disciplinary action permitted by this chapter against the organization.
(Added to NRS by 1983, 2025)
NRS 695D.240 Limitation on expenses for marketing and administration.
1. The organization for dental care shall use not more than 25 percent of its prepaid charges or premiums for marketing and administrative expenses, including all costs to solicit members or dentists.
2. The Commissioner may adopt regulations which define “marketing and administrative expenses” for the purposes of subsection 1.
(Added to NRS by 1983, 2026; A 1993, 2401)
NRS 695D.250 Reserves; regulations.
1. An organization for dental care shall set aside a reserve equal to 3 percent of the premiums collected from its members up to a total of $500,000. This reserve is in addition to the bond or deposit filed with the Commissioner.
2. This section does not apply to organizations receiving money from federal, state or municipal governments or their political subdivisions or another comparable resource which have had their deposit or bond reduced by the Commissioner.
3. Every organization shall maintain the reserves required by NRS 681B.080, unless a larger amount is required by subsection 1 of this section.
4. The reserve required by subsection 1 is held by the organization in a fiduciary capacity. The organization must deposit the reserve in an interest-bearing trust account established in a bank, credit union or savings and loan association in this state that is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The account must be separate from all other accounts maintained by the organization.
5. Any person who diverts or appropriates reserves held in a fiduciary capacity pursuant to this section for his own use is guilty of embezzlement.
6. The Commissioner may adopt reasonable regulations related to the adequacy of a reserve required by this section and the establishment and maintenance of a trust account pursuant to this section.
(Added to NRS by 1983, 2026; A 1993, 2401; 1999, 1554)
NRS 695D.260 Annual report, financial statement and tax; administrative penalty for failure to file report or financial statement.
1. Every organization for dental care shall file with the Commissioner on or before March 1 of each year a report covering its activities for the preceding calendar year. The report must be verified by at least two officers of the organization.
2. The report must be on a form prescribed by the Commissioner and must include:
(a) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding calendar year.
(b) Any material changes in the information given in the previous report.
(c) The number of members enrolled in that year, the number of members whose coverage has been terminated in that year and the total number of members at the end of the year.
(d) The costs of all goods, services and dental care provided that year.
(e) Any other information relating to the plan for dental care requested by the Commissioner.
3. Every organization for dental care shall file with the Commissioner annually an audited financial statement prepared by an independent certified public accountant. The statement must cover the most recent fiscal year of the organization and must
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