1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the plan of self-insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.
2. Coverage provided under this section is subject to:
(a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and
(b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a plan of self-insurance to the same extent as other medical services or prescription drugs covered by the policy.
3. A governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance which provides coverage for outpatient care shall not:
(a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan of self-insurance; or
(b) Refuse to issue a plan of self-insurance or cancel a plan of self-insurance solely because the person applying for or covered by the plan of self-insurance uses or may use in the future any of the services listed in subsection 1.
4. Except as otherwise provided in subsections 1 and 2, a governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.
5. Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:
(a) Prescribed for a person diagnosed with an autism spectrum disorder by a licensed physician or licensed psychologist; and
(b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.
A governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance may request a copy of and review a treatment plan created pursuant to this subsection.
6. A plan of self-insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the plan of self-insurance or the renewal which is in conflict with subsection 1 or 2 is void.
7. Nothing in this section shall be construed as requiring a governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance to provide reimbursement to a school for services delivered through school services.
8. As used in this section:
(a) "Applied behavior analysis" means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.
(b) "Autism spectrum disorder" has the meaning ascribed to it in NRS 427A.875.
(c) "Behavioral therapy" means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or registered behavior technician.
(d) "Evidence-based research" means research that applies rigorous, systematic and objective procedures to obtain valid knowledge relevant to autism spectrum disorders.
(e) "Habilitative or rehabilitative care" means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.
(f) "Licensed assistant behavior analyst" has the meaning ascribed to the term "assistant behavior analyst" in NRS 641D.010.
(g) "Licensed behavior analyst" has the meaning ascribed to the term "behavior analyst" in NRS 641D.020.
(h) "Prescription care" means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.
(i) "Psychiatric care" means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.
(j) "Psychological care" means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.
(k) "Registered behavior technician" has the meaning ascribed to it in NRS 641D.090.
(l) "Screening for autism spectrum disorders" means all medically appropriate assessments, evaluations or tests to diagnose whether a person has an autism spectrum disorder.
(m) "Therapeutic care" means services provided by licensed or certified speech-language pathologists, occupational therapists and physical therapists.
(n) "Treatment plan" means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.
(Added to NRS by 2009, 1478; A 2015, 672, 674; 2017, 1493, 4240; 2019, 2552; 2021, 1610)
Structure Nevada Revised Statutes
Chapter 287 - Programs for Public Employees
NRS 287.0205 - Reinstatement of insurance by retired public officer or employee or surviving spouse.
NRS 287.0404 - "Board" defined.
NRS 287.0405 - "Participating local governmental agency" defined.
NRS 287.04052 - "Participating public agency" defined.
NRS 287.04054 - "Participating state agency" defined.
NRS 287.0406 - "Program" defined.
NRS 287.04062 - "Program Fund" defined.
NRS 287.04064 - "Retirees’ Fund" defined.
NRS 287.041 - Creation; composition; qualifications; terms; vacancies; removal.
NRS 287.042 - Compensation; administrative leave from service of State.
NRS 287.0422 - Reimbursement of expenses of witnesses.
NRS 287.0425 - Executive Officer: Reports.
NRS 287.043 - Powers and duties.
NRS 287.04345 - Procedure for awarding contracts to vendors.
NRS 287.0436 - Creation; purpose.
NRS 287.04364 - Uses; fiduciary duty of Board.
NRS 287.0438 - Records of Program deemed public records; exception.
NRS 287.0475 - Reinstatement of insurance by retired public officer or employee or surviving spouse.
NRS 287.0485 - No inherent right to certain benefits.
NRS 287.049 - Costs of premiums or contributions to be budgeted.
NRS 287.050 - Declaration of legislative policy.
NRS 287.060 - "Employee" defined.
NRS 287.070 - "Employee tax" defined.
NRS 287.080 - "Employment" defined.
NRS 287.090 - "Federal Insurance Contributions Act" defined.
NRS 287.100 - "Political subdivision" defined.
NRS 287.110 - "Secretary" defined.
NRS 287.120 - "Social Security Act" defined.
NRS 287.130 - "State agency" defined.
NRS 287.140 - "Wages" defined.
NRS 287.150 - Federal-state agreement: Provisions.
NRS 287.160 - Interstate instrumentality: Powers.
NRS 287.170 - Contributions by state employees.
NRS 287.180 - Plans for coverage of employees of political subdivisions.
NRS 287.210 - Social Security Administration Fund: Creation; sources; disbursements.
NRS 287.220 - Regulations of state agency.
NRS 287.230 - Studies of state agency.
NRS 287.260 - "Committee" defined.
NRS 287.270 - "Deferred compensation" defined.
NRS 287.275 - "Executive Officer" defined.
NRS 287.300 - "Investment" defined.
NRS 287.310 - "Program" defined.
NRS 287.335 - Interest and income earned on money in deferred compensation account.
NRS 287.337 - Employment of staff or consultants by Executive Officer.
NRS 287.338 - Procedure for awarding contracts to vendors.
NRS 287.340 - Deferrals of compensation: Deductions from payroll; limitation on amount deferred.
NRS 287.360 - Program additional to other retirement, pension and benefit systems.
NRS 287.370 - Use of appropriated money in administration of Program.
NRS 287.391 - "Committee" defined.
NRS 287.401 - "Deferred compensation" defined.
NRS 287.411 - "Program" defined.
NRS 287.420 - Employer may agree with employee to defer compensation; investment of withheld money.
NRS 287.440 - Governing body may appoint committee to administer program; powers of committee.
NRS 287.450 - Deferrals of compensation: Deductions from payroll; limitation on amount deferred.
NRS 287.470 - Program additional to other retirement, pension and benefit systems.
NRS 287.480 - Use of appropriated money in administration of program.
NRS 287.510 - Contracts authorized; payment.
NRS 287.520 - Duties of employee organization.
NRS 287.530 - Employee organization as trustee of money collected; claims.