1. A health carrier which provides dental coverage or an administrator of a health benefit plan that includes dental coverage shall not refuse to pay a claim for dental care for which the health carrier or administrator, as applicable, has granted prior authorization unless:
(a) A limitation on coverage provided under the applicable health benefit plan, including, without limitation, a limitation on total costs or frequency of services:
(1) Did not apply at the time the prior authorization was granted; and
(2) Applied at the time of the provision of the dental care for which the prior authorization was granted because additional covered dental care was provided to the insured after the prior authorization was granted and before the provision of the dental care for which prior authorization was granted;
(b) The documentation provided by the person submitting the claim clearly fails to support the claim for which prior authorization was originally granted;
(c) After the prior authorization was granted, additional dental care was provided to the insured or the condition of the insured otherwise changed such that:
(1) The dental care for which prior authorization was granted is no longer medically necessary; or
(2) The health carrier or administrator, as applicable, would be required to deny prior authorization under the terms and conditions of the applicable health benefit plan that were in effect at the time of the provision of the dental care for which prior authorization was granted;
(d) Another person or entity is responsible for the payment;
(e) The dentist has previously been paid for the procedures covered by the claim;
(f) The claim was fraudulent or the prior authorization was based, in whole or in part, on materially false information provided by the dentist or insured or another person who is not affiliated with the health carrier or administrator, as applicable; or
(g) The insured was not eligible to receive the dental care for which the claim was made on the date that the dental care was provided.
2. Any provision of a contract that conflicts with this section is against public policy, void and unenforceable.
3. As used in this section:
(a) "Medically necessary" means dental care that a prudent dentist would provide to a patient to prevent, diagnose or treat an illness, injury or disease, or any symptoms thereof, that is necessary and:
(1) Provided in accordance with generally accepted standards of dental practice;
(2) Clinically appropriate with regard to type, frequency, extent, location and duration;
(3) Not primarily provided for the convenience of the patient or dentist;
(4) Required to improve a specific dental condition of a patient or to preserve the existing state of oral health of the patient; and
(5) The most clinically appropriate level of dental care that may be safely provided to the patient.
(b) "Prior authorization" means any communication issued by a health carrier which provides dental coverage or an administrator of a health benefit plan that includes dental coverage in response to a request by a dentist in the form prescribed by the health carrier or administrator, as applicable, which indicates that specific dental care provided to an insured is:
(1) Covered under the health benefit plan issued to the insured; and
(2) Reimbursable in a specific amount, subject to applicable deductibles, copayments and coinsurance.
(Added to NRS by 2021, 3526)
Structure Nevada Revised Statutes
Chapter 687B - Contracts of Insurance
NRS 687B.015 - "Binder" defined.
NRS 687B.030 - Waiver of payment of premium.
NRS 687B.040 - Insurable interest: Personal insurance.
NRS 687B.050 - Insurable interest: Exception when certain institutions designated beneficiary.
NRS 687B.060 - Insurable interest: Property.
NRS 687B.070 - Power to contract; purchase of insurance and annuities by minors.
NRS 687B.090 - Alteration of application: Life and health insurance.
NRS 687B.100 - Application as evidence.
NRS 687B.110 - Representations in applications.
NRS 687B.122 - Readability of policies: Applicability of requirements.
NRS 687B.128 - Readability of policies: Required approval by Commissioner in certain circumstances.
NRS 687B.130 - Grounds for disapproval or withdrawal of previous approval.
NRS 687B.140 - Standard provisions.
NRS 687B.160 - Execution of policies.
NRS 687B.170 - Underwriters’ and combination policies.
NRS 687B.180 - Validity and construction of noncomplying forms.
NRS 687B.182 - Binders: Issuance; period of effectiveness.
NRS 687B.183 - Binders: Forms; required statement related to certain policies; delivery of copies.
NRS 687B.185 - Binders: Prohibition of use to lower premiums.
NRS 687B.186 - Binders: Proof of insurance coverage; penalties for refusal to accept; exception.
NRS 687B.187 - Binders: Disapproval of insurer.
NRS 687B.200 - Assignability: Life or health insurance policy.
NRS 687B.220 - Forms for proof of loss required to be furnished by insurer to insured claimant.
NRS 687B.240 - Administration of claims not waiver.
NRS 687B.250 - Payment not to constitute admission of liability or waiver of defenses.
NRS 687B.255 - Insurer required to pay claim with negotiable instrument.
NRS 687B.260 - Exemption of proceeds of certain policies.
NRS 687B.270 - Exemption of proceeds: Health insurance.
NRS 687B.280 - Exemption of proceeds: Group insurance.
NRS 687B.290 - Exemption of proceeds: Annuities; assignability of rights.
NRS 687B.300 - Retention of proceeds of policy by insurer.
NRS 687B.310 - Cancellations and nonrenewals; scope of application.
NRS 687B.330 - Anniversary cancellation.
NRS 687B.345 - Annual review of coverage and benefits provided in policy.
NRS 687B.470 - "Health benefit plan" defined.
NRS 687B.500 - Basis for premium rate; exceptions.
NRS 687B.602 - "Administrator" defined.
NRS 687B.605 - "Covered person" defined.
NRS 687B.606 - "Dental care" defined.
NRS 687B.607 - "Direct notification" defined.
NRS 687B.610 - "Evidence of coverage" defined.
NRS 687B.615 - "Health benefit plan" defined.
NRS 687B.620 - "Health care services" defined.
NRS 687B.625 - "Health carrier" defined.
NRS 687B.630 - "Intermediary" defined.
NRS 687B.635 - "Medically necessary" defined.
NRS 687B.640 - "Network" defined.
NRS 687B.645 - "Network plan" defined.
NRS 687B.650 - "Participating provider of health care" defined.
NRS 687B.655 - "Primary care physician" defined.
NRS 687B.658 - "Provider network contract" defined.
NRS 687B.660 - "Provider of health care" defined.
NRS 687B.664 - "Third party" defined.
NRS 687B.665 - "Utilization review" defined.
NRS 687B.670 - Requirements to offer or issue network plan.
NRS 687B.675 - Provision of information to Office for Consumer Health Assistance.
NRS 687B.740 - Inducement to provide less than medically necessary health care services prohibited.
NRS 687B.760 - Health records; confidentiality.
NRS 687B.800 - Retaliation for good faith reporting to state or federal authority prohibited.
NRS 687B.820 - Procedures for resolution of disputes.
NRS 687B.862 - "Attachment point" defined.
NRS 687B.864 - "Group health plan" defined.
NRS 687B.866 - "Health care services" defined.
NRS 687B.868 - "Multiple employer welfare arrangement" defined.
NRS 687B.870 - "Network" defined.
NRS 687B.872 - "Policy of provider stop-loss insurance" defined.
NRS 687B.874 - "Policy of stop-loss insurance" defined.
NRS 687B.876 - "Provider of health care" defined.
NRS 687B.878 - Reporting of premiums written in this State for policies of stop-loss insurance.