SB387 - Revises provisions relating to the prevention and early detection of lung cancer. (BDR 57-68)

- 83rd Session (2025) Senate Bill No. 387–Senator Lange CHAPTER.......... AN ACT relating to health care; requiring certain health insurance to include coverage for certain screening for lung cancer; requiring the Department of Health and Human Services to conduct a study on access to screening for lung cancer; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires certain private policies of insurance regulated under Nevada law to include coverage for screening for colorectal cancer if the policy of insurance covers the treatment of colorectal cancer. (NRS 689A.04042, 689B.0367, 695B.1907, 695C.1731, 695G.168) Existing law also requires employers to provide certain benefits for health care to employees, including the coverage required of health insurers, if the employer provides health benefits for its employee. (NRS 608.1555) Sections 1, 3-8 and 11 of this bill require certain private policies of health insurance and health plans that cover treatment for lung cancer to also cover screening for lung cancer in accordance with: (1) the guidelines published by the American Cancer Society; or (2) certain other guidelines or reports concerning screening for lung cancer which are published by nationally recognized professional organizations. Sections 9 and 11.5 of this bill provide that those requirements do not apply to Medicaid managed care organizations. Section 2 of this bill authorizes the Commissioner of Insurance to require certain policies of health insurance issued by a domestic insurer to a person who resides in another state to include the coverage required by section 1. Section 10 of this bill authorizes the Commissioner to suspend or revoke the certificate of authority issued to a health maintenance organization that fails to comply with the requirements of section 8. The Commissioner would also be authorized to take such action against other health insurers who fail to comply with the requirements of sections 1, 3-8 and 11. (NRS 680A.200) Section 17 of this bill requires the Department of Health and Human Services to: (1) conduct a study to determine if the criteria adopted by the American Cancer Society relating to screening for lung cancer creates inequities in access to screening for lung cancer based on sex or gender identity or expression; and (2) submit a report on its conclusions to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Health and Human Services. – 2 – - 83rd Session (2025) EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. 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 adding thereto a new section to read as follows: 1. An insurer that offers a policy of health insurance that provides coverage for the treatment of lung cancer must provide coverage for screening for lung cancer in accordance with: (a) The guidelines concerning screening for lung cancer which are published by the American Cancer Society; or (b) Other guidelines or reports concerning screening for lung cancer which are published by nationally recognized professional organizations and which are based on current or prevailing supporting scientific data. 2. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void. Sec. 2. NRS 689A.330 is hereby amended to read as follows: 689A.330 If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act. Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows: 1. An insurer that offers a policy of group health insurance that provides coverage for the treatment of lung cancer must provide coverage for screening for lung cancer in accordance with: (a) The guidelines concerning screening for lung cancer which are published by the American Cancer Society; or (b) Other guidelines or reports concerning screening for lung cancer which are published by nationally recognized professional organizations and which are based on current or prevailing supporting scientific data. 2. A policy of group health insurance subject to the provisions of this chapter that is delivered, issued for delivery or – 3 – - 83rd Session (2025) renewed on or after January 1, 2026, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void. Sec. 4. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows: 1. A carrier that offers a health benefit plan that provides coverage for the treatment of lung cancer must provide coverage for screening for lung cancer in accordance with: (a) The guidelines concerning screening for lung cancer which are published by the American Cancer Society; or (b) Other guidelines or reports concerning screening for lung cancer which are published by nationally recognized professional organizations and which are based on current or prevailing supporting scientific data. 2. A health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by this section, and any provision of the plan that conflicts with the provisions of this section is void. Sec. 5. NRS 689C.425 is hereby amended to read as follows: 689C.425 A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, inclusive, are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and section 4 of this act to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive. Sec. 6. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows: 1. A society that offers a benefit contract that provides coverage for the treatment of lung cancer must provide coverage for screening for lung cancer in accordance with: (a) The guidelines concerning screening for lung cancer which are published by the American Cancer Society; or (b) Other guidelines or reports concerning screening for lung cancer which are published by nationally recognized professional organizations and which are based on current or prevailing supporting scientific data. 2. A benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by this section, and any provision of the contract that conflicts with the provisions of this section is void. – 4 – - 83rd Session (2025) Sec. 7. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows: 1. A hospital or medical services corporation that offers a policy of health insurance that provides coverage for the treatment of lung cancer must provide coverage for screening for lung cancer in accordance with: (a) The guidelines concerning screening for lung cancer which are published by the American Cancer Society; or (b) Other guidelines or reports concerning screening for lung cancer which are published by nationally recognized professional organizations and which are based on current or prevailing supporting scientific data. 2. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void. Sec. 8. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows: 1. A health maintenance organization that offers a health care plan that provides coverage for the treatment of lung cancer must provide coverage for screening for lung cancer in accordance with: (a) The guidelines concerning screening for lung cancer which are published by the American Cancer Society; or (b) Other guidelines or reports concerning screening for lung cancer which are published by nationally recognized professional organizations and which are based on current or prevailing supporting scientific data. 2. A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by this section, and any provision of the plan that conflicts with the provisions of this section is void. Sec. 9. NRS 695C.050 is hereby amended to read as follows: 695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter. – 5 – - 83rd Session (2025) 2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art. 3. Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS. 4. The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.1759, 695C.176 to 695C.200, inclusive, and 695C.265 and section 8 of this act do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract. 5. The provisions of NRS 695C.16932 to 695C.1699, inclusive, 695C.1701, 695C.1708, 695C.1728, 695C.1731, 695C.17333, 695C.17345, 695C.17347, 695C.1736 to 695C.1745, inclusive, 695C.1757 and 695C.204 apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid. 6. The provisions of NRS 695C.17095 do not apply to a health maintenance organization that provides health care services to members of the Public Employees’ Benefits Program. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract. 7. The provisions of NRS 695C.1735 do not apply to a health maintenance organization that provides health care services to: (a) The officers and employees, and the dependents of officers and employees, of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State; or (b) Members of the Public Employees’ Benefits Program.  This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract. – 6 – - 83rd Session (2025) Sec. 10. NRS 695C.330 is hereby amended to read as follows: 695C.330 1. The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist: (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner; (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 8 of this act, 695C.204 or 695C.207; (c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060; (d) The Commissioner certifies that the health maintenance organization: (1) Does not meet the requirements of subsection 1 of NRS 695C.080; or (2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan; (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees; (f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110; (g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for: (1) Resolving complaints in a manner reasonably to dispose of valid complaints; and (2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive; (h) The health maintenance organization or any person on its behalf has advert [Text truncated for display. 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