1. If an out-of-network provider, other than an out-of-network emergency facility, had a provider contract as an in-network provider within the 12 months immediately preceding the date on which the medically necessary emergency services were rendered to a covered person and:
(a) The out-of-network provider terminated the most recent applicable provider contract between the third party that provides coverage for the covered person and the out-of-network provider without cause before it was scheduled to expire, the third party shall pay to the out-of-network provider for those services, and the out-of-network provider shall accept as payment in full for those services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network provider, the amount that would have been paid for those services pursuant to that provider contract, less the amount of the copayment, coinsurance or deductible, if applicable.
(b) The out-of-network provider terminated the most recent applicable provider contract between the third party that provides coverage for the covered person and the out-of-network provider for cause before it was scheduled to expire or the third party terminated the contract without cause, the third party shall pay to the out-of-network provider for those services, and the out-of-network provider shall accept as payment in full for those services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network provider, 108 percent of the amount that would have been paid for those services pursuant to the provider contract, less the amount of the copayment, coinsurance or deductible, if applicable.
(c) The third party that provides coverage for the covered person terminated the most recent applicable provider contract between the third party and the out-of-network provider for cause before it was scheduled to expire, the third party shall pay to the out-of-network provider an amount that the third party has determined to be fair and reasonable as payment for the medically necessary emergency services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network provider.
(d) The contract was not terminated by either party, the third party that provides coverage for the covered person shall pay to the out-of-network provider for those services, and the out-of-network provider shall accept as payment in full for those services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network provider, the amount that would have been paid for those services pursuant to the most recent applicable provider contract between the third party and the out-of-network provider plus an amount equal to the percentage of increase in the Consumer Price Index, Medical Care Component, during the immediately preceding calendar year, less the amount of the copayment, coinsurance or deductible, if applicable.
2. If an out-of-network provider, other than an out-of-network emergency facility, did not have a provider contract as an in-network provider within the 12 months immediately preceding the date on which the medically necessary emergency services were rendered to a covered person, the third party that provides coverage to the covered person shall submit to the out-of-network provider an offer of payment in full for the medically necessary emergency services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network provider.
(Added to NRS by 2019, 322)
Structure Nevada Revised Statutes
Chapter 439B - Restraining Costs of Health Care
NRS 439B.030 - "Billed charge" defined.
NRS 439B.035 - "Children’s Health Insurance Program" defined.
NRS 439B.040 - "Committee" defined.
NRS 439B.050 - "Department" defined.
NRS 439B.060 - "Director" defined.
NRS 439B.070 - "Discharge form" defined.
NRS 439B.090 - "Fiscal year" defined.
NRS 439B.100 - "Health facility" defined.
NRS 439B.110 - "Hospital" defined.
NRS 439B.115 - "Major hospital" defined.
NRS 439B.120 - "Medicaid" defined.
NRS 439B.130 - "Medicare" defined.
NRS 439B.140 - "Net revenue" defined.
NRS 439B.150 - "Practitioner" defined.
NRS 439B.160 - Purposes of chapter.
NRS 439B.210 - Meetings; quorum; compensation.
NRS 439B.270 - Foundation for hospital nursing practice: Establishment; governing body.
NRS 439B.275 - Program for provision of technical assistance to rural hospitals.
NRS 439B.300 - Legislative findings and declarations; applicability.
NRS 439B.310 - "Indigent" defined.
NRS 439B.350 - Department to establish; purpose.
NRS 439B.360 - Evaluation: Recommendations; report to Interim Finance Committee.
NRS 439B.370 - Director authorized to contract for certain services.
NRS 439B.400 - Hospital must maintain and use uniform list of billed charges; exception.
NRS 439B.425 - Prohibited referral of patients; exceptions; penalty.
NRS 439B.450 - Powers and duties of Director.
NRS 439B.460 - Director authorized to delegate powers and duties.
NRS 439B.500 - Penalty for violation of provisions.
NRS 439B.605 - "Manufacturer" defined.
NRS 439B.607 - "National Drug Code" defined.
NRS 439B.610 - "Pharmacy" defined.
NRS 439B.615 - "Pharmacy benefit manager" defined.
NRS 439B.616 - "Rebate" defined.
NRS 439B.618 - "Third party" defined.
NRS 439B.619 - "Unit" defined.
NRS 439B.620 - "Wholesale acquisition cost" defined.
NRS 439B.622 - "Wholesaler" defined.
NRS 439B.630 - Department to annually compile lists of certain prescription drugs.
NRS 439B.675 - Manner of presentation of information.
NRS 439B.680 - Immunity from civil and criminal liability.
NRS 439B.703 - "Covered person" defined.
NRS 439B.706 - "Independent center for emergency medical care" defined.
NRS 439B.709 - "In-network emergency facility" defined.
NRS 439B.712 - "In-network provider" defined.
NRS 439B.715 - "Medically necessary emergency services" defined.
NRS 439B.718 - "Out-of-network emergency facility" defined.
NRS 439B.721 - "Out-of-network provider" defined.
NRS 439B.724 - "Provider contract" defined.
NRS 439B.727 - "Provider of health care" defined.
NRS 439B.730 - "Prudent person" defined.
NRS 439B.733 - "Screen" defined.
NRS 439B.739 - "To stabilize" and "stabilized" defined.
NRS 439B.742 - Inapplicability of provisions to certain hospitals, persons and health care services.
NRS 439B.748 - Payment to out-of-network emergency facility by third party.
NRS 439B.751 - Payment to out-of-network provider, other than emergency facility, by third party.
NRS 439B.760 - Reports; confidentiality of information.
NRS 439B.800 - Definitions. [Effective January 1, 2022.]
NRS 439B.805 - "All-payer claims database" defined. [Effective January 1, 2022.]
NRS 439B.810 - "Covered entity" defined. [Effective January 1, 2022.]
NRS 439B.815 - "Direct patient identifier" defined. [Effective January 1, 2022.]
NRS 439B.820 - "Proprietary financial information" defined. [Effective January 1, 2022.]
NRS 439B.825 - "Provider of health care" defined. [Effective January 1, 2022.]
NRS 439B.830 - "Unique identifier" defined. [Effective January 1, 2022.]
NRS 439B.850 - Data requests. [Effective January 1, 2022.]
NRS 439B.870 - Immunity from certain civil or criminal liability. [Effective January 1, 2022.]