AB340 - Requires health insurance to cover certain screenings, assessments and diagnoses. (BDR 57-351)

EXEMPT (Reprinted with amendments adopted on April 16, 2025) FIRST REPRINT A.B. 340 - *AB340_R1* ASSEMBLY BILL NO. 340–COMMITTEE ON HEALTH AND HUMAN SERVICES (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON HEALTH AND HUMAN SERVICES) MARCH 3, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Requires health insurance to cover certain screenings, assessments and diagnoses. (BDR 57-351) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§ 13) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to insurance; requiring certain health insurance to include coverage for the screening, assessment and diagnosis of attention deficit hyperactivity disorder, fetal alcohol spectrum disorders, intellectual disabilities and specific learning disabilities for certain persons; establishing certain administrative sanctions for failure to provide such coverage; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires public and private policies of health insurance regulated 1 under Nevada law to include certain coverage. (NRS 287.010, 287.04335, 2 422.2717-422.27248, 689A.04033-689A.0465, 689B.0303-689B.0379, 689C.1652- 3 689C.169, 689C.194-689C.195, 689C.425, 695A.184-695A.1875, 695A.265, 4 695B.1901-695B.1948, 695C.050, 695C.1691-695C.176, 695G.162-695G.177) 5 Existing law also requires employers to provide certain benefits for health care to 6 employees, including the coverage required of health insurers, if the employer 7 provides health benefits for its employees. (NRS 608.1555) Sections 1, 3-9, 11 and 8 13-15 of this bill require certain public and private policies of health insurance and 9 health care plans, including Medicaid, to include coverage for screening for and the 10 assessment and diagnosis of attention deficit hyperactivity disorder, fetal alcohol 11 – 2 – - *AB340_R1* spectrum disorders, intellectual disabilities and specific learning disabilities for 12 persons covered by the policy under the age of 18 years or, if enrolled in high 13 school, until the person reaches the age of 22 years. Section 2 of this bill authorizes 14 the Commissioner of Insurance to require certain policies of insurance issued by a 15 domestic insurer to a person residing in another state to include such coverage. 16 Section 10 of this bill authorizes the Commissioner to suspend or revoke the 17 certificate of a health maintenance organization that fails to comply with the 18 requirements of section 8. The Commissioner would also be authorized under 19 existing law to take such action against other health insurers who fail to comply 20 with the requirements of sections 1, 3-7 and 11 of this bill. (NRS 680A.200) 21 Section 12 of this bill makes a conforming change to require the Director of the 22 Department of Health and Human Services to administer the provisions of section 23 15 in the same manner as other provisions relating to Medicaid. 24 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 689A of NRS is hereby amended by 1 adding thereto a new section to read as follows: 2 1. An insurer that issues a policy of health insurance shall 3 include in the policy coverage for screening for and the 4 assessment and diagnosis of attention deficit hyperactivity 5 disorder, fetal alcohol spectrum disorders, intellectual disabilities 6 and specific learning disabilities for insureds under the age of 18 7 years or, if enrolled in high school, until the insured reaches the 8 age of 22 years. 9 2. Nothing in this section shall be construed as requiring an 10 insurer that issues a policy of health insurance to provide 11 reimbursement to a school for services delivered through school 12 services. 13 3. A policy of health insurance subject to the provisions of 14 this chapter which is delivered, issued for delivery or renewed on 15 or after January 1, 2026, has the legal effect of including the 16 coverage required by this section, and any provision of the policy 17 or renewal which is in conflict with this section is void. 18 4. As used in this section: 19 (a) “Fetal alcohol spectrum disorder” has the meaning 20 ascribed to it in NRS 432B.0655. 21 (b) “Intellectual disability” has the meaning ascribed to it in 22 NRS 435.007. 23 (c) “Specific learning disability” has the meaning ascribed to 24 it in NRS 388.417. 25 Sec. 2. NRS 689A.330 is hereby amended to read as follows: 26 689A.330 If any policy is issued by a domestic insurer for 27 delivery to a person residing in another state, and if the insurance 28 commissioner or corresponding public officer of that other state has 29 informed the Commissioner that the policy is not subject to approval 30 – 3 – - *AB340_R1* or disapproval by that officer, the Commissioner may by ruling 1 require that the policy meet the standards set forth in NRS 689A.030 2 to 689A.320, inclusive [.] , and section 1 of this act. 3 Sec. 3. Chapter 689B of NRS is hereby amended by adding 4 thereto a new section to read as follows: 5 1. An insurer that issues a policy of group health insurance 6 shall include in the policy coverage for screening for and the 7 assessment and diagnosis of attention deficit hyperactivity 8 disorder, fetal alcohol spectrum disorders, intellectual disabilities 9 and specific learning disabilities for insureds under the age of 18 10 years or, if enrolled in high school, until the insured reaches the 11 age of 22 years. 12 2. Nothing in this section shall be construed as requiring an 13 insurer that issues a policy of group health insurance to provide 14 reimbursement to a school for services delivered through school 15 services. 16 3. A policy of group health insurance subject to the 17 provisions of this chapter which is delivered, issued for delivery or 18 renewed on or after January 1, 2026, has the legal effect of 19 including the coverage required by this section, and any provision 20 of the policy or renewal which is in conflict with this section is 21 void. 22 4. As used in this section: 23 (a) “Fetal alcohol spectrum disorder” has the meaning 24 ascribed to it in NRS 432B.0655. 25 (b) “Intellectual disability” has the meaning ascribed to it in 26 NRS 435.007. 27 (c) “Specific learning disability” has the meaning ascribed to 28 it in NRS 388.417. 29 Sec. 4. Chapter 689C of NRS is hereby amended by adding 30 thereto a new section to read as follows: 31 1. A carrier that issues a health benefit plan shall include in 32 the health benefit plan coverage for screening for and the 33 assessment and diagnosis of attention deficit hyperactivity 34 disorder, fetal alcohol spectrum disorders, intellectual disabilities 35 and specific learning disabilities for insureds under the age of 18 36 years or, if enrolled in high school, until the insured reaches the 37 age of 22 years. 38 2. Nothing in this section shall be construed as requiring a 39 carrier that issues a health benefit plan to provide reimbursement 40 to a school for services delivered through school services. 41 3. A health benefit plan subject to the provisions of this 42 chapter which is delivered, issued for delivery or renewed on or 43 after January 1, 2026, has the legal effect of including the 44 – 4 – - *AB340_R1* coverage required by this section, and any provision of the plan or 1 renewal which is in conflict with this section is void. 2 4. As used in this section: 3 (a) “Fetal alcohol spectrum disorder” has the meaning 4 ascribed to it in NRS 432B.0655. 5 (b) “Intellectual disability” has the meaning ascribed to it in 6 NRS 435.007. 7 (c) “Specific learning disability” has the meaning ascribed to 8 it in NRS 388.417. 9 Sec. 5. NRS 689C.425 is hereby amended to read as follows: 10 689C.425 A voluntary purchasing group and any contract 11 issued to such a group pursuant to NRS 689C.360 to 689C.600, 12 inclusive, are subject to the provisions of NRS 689C.015 to 13 689C.355, inclusive, and section 4 of this act, to the extent 14 applicable and not in conflict with the express provisions of NRS 15 687B.408 and 689C.360 to 689C.600, inclusive. 16 Sec. 6. Chapter 695A of NRS is hereby amended by adding 17 thereto a new section to read as follows: 18 1. A society that issues a benefit contract shall include in the 19 benefit contract coverage for screening for and the assessment 20 and diagnosis of attention deficit hyperactivity disorder, fetal 21 alcohol spectrum disorders, intellectual disabilities and specific 22 learning disabilities for insureds under the age of 18 years or, if 23 enrolled in high school, until the insured reaches the age of 22 24 years. 25 2. Nothing in this section shall be construed as requiring a 26 society that issues a benefit contract to provide reimbursement to a 27 school for services delivered through school services. 28 3. A benefit contract subject to the provisions of this chapter 29 which is delivered, issued for delivery or renewed on or after 30 January 1, 2026, has the legal effect of including the coverage 31 required by this section, and any provision of the benefit contract 32 or renewal which is in conflict with this section is void. 33 4. As used in this section: 34 (a) “Fetal alcohol spectrum disorder” has the meaning 35 ascribed to it in NRS 432B.0655. 36 (b) “Intellectual disability” has the meaning ascribed to it in 37 NRS 435.007. 38 (c) “Specific learning disability” has the meaning ascribed to 39 it in NRS 388.417. 40 Sec. 7. Chapter 695B of NRS is hereby amended by adding 41 thereto a new section to read as follows: 42 1. A hospital or medical services corporation that issues a 43 policy of health insurance shall include in the policy of health 44 insurance coverage for screening for and the assessment and 45 – 5 – - *AB340_R1* diagnosis of attention deficit hyperactivity disorder, fetal alcohol 1 spectrum disorders, intellectual disabilities and specific learning 2 disabilities for insureds under the age of 18 years or, if enrolled in 3 high school, until the insured reaches the age of 22 years. 4 2. Nothing in this section shall be construed as requiring a 5 hospital or medical services corporation that issues a policy of 6 health insurance to provide reimbursement to a school for services 7 delivered through school services. 8 3. A policy of health insurance subject to the provisions of 9 this chapter which is delivered, issued for delivery or renewed on 10 or after January 1, 2026, has the legal effect of including the 11 coverage required by this section, and any provision of the policy 12 or renewal which is in conflict with this section is void. 13 4. As used in this section: 14 (a) “Fetal alcohol spectrum disorder” has the meaning 15 ascribed to it in NRS 432B.0655. 16 (b) “Intellectual disability” has the meaning ascribed to it in 17 NRS 435.007. 18 (c) “Specific learning disability” has the meaning ascribed to 19 it in NRS 388.417. 20 Sec. 8. Chapter 695C of NRS is hereby amended by adding 21 thereto a new section to read as follows: 22 1. A health maintenance organization that issues a health 23 care plan shall include in the health care plan coverage for 24 screening for and the assessment and diagnosis of attention deficit 25 hyperactivity disorder, fetal alcohol spectrum disorders, 26 intellectual disabilities and specific learning disabilities for 27 enrollees under the age of 18 years or, if enrolled in high school, 28 until the enrollee reaches the age of 22 years. 29 2. Nothing in this section shall be construed as requiring a 30 health maintenance organization that issues a health care plan to 31 provide reimbursement to a school for services delivered through 32 school services. 33 3. A health care plan subject to the provisions of this chapter 34 that is delivered, issued for delivery or renewed on or after 35 January 1, 2026, has the legal effect of including the coverage 36 required by this section, and any provision of the plan or renewal 37 which is in conflict with this section is void. 38 4. As used in this section: 39 (a) “Fetal alcohol spectrum disorder” has the meaning 40 ascribed to it in NRS 432B.0655. 41 (b) “Intellectual disability” has the meaning ascribed to it in 42 NRS 435.007. 43 (c) “Specific learning disability” has the meaning ascribed to 44 it in NRS 388.417. 45 – 6 – - *AB340_R1* Sec. 9. NRS 695C.050 is hereby amended to read as follows: 1 695C.050 1. Except as otherwise provided in this chapter or 2 in specific provisions of this title, the provisions of this title are not 3 applicable to any health maintenance organization granted a 4 certificate of authority under this chapter. This provision does not 5 apply to an insurer licensed and regulated pursuant to this title 6 except with respect to its activities as a health maintenance 7 organization authorized and regulated pursuant to this chapter. 8 2. Solicitation of enrollees by a health maintenance 9 organization granted a certificate of authority, or its representatives, 10 must not be construed to violate any provision of law relating to 11 solicitation or advertising by practitioners of a healing art. 12 3. Any health maintenance organization authorized under this 13 chapter shall not be deemed to be practicing medicine and is exempt 14 from the provisions of chapter 630 of NRS. 15 4. The provisions of NRS 695C.110, 695C.125, 695C.1691, 16 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 17 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, 18 695C.1751, 695C.1755, 695C.1759, 695C.176 to 695C.200, 19 inclusive, and 695C.265 do not apply to a health maintenance 20 organization that provides health care services through managed 21 care to recipients of Medicaid under the State Plan for Medicaid or 22 insurance pursuant to the Children’s Health Insurance Program 23 pursuant to a contract with the Division of Health Care Financing 24 and Policy of the Department of Health and Human Services. This 25 subsection does not exempt a health maintenance organization from 26 any provision of this chapter for services provided pursuant to an [Text truncated for display. Full text available on LegiScan.]