[Rev. 2/11/2015 11:48:54
AM--2014R2]
TITLE 57 - INSURANCE
CHAPTER 679A - GENERAL PROVISIONS
NRS 679A.010 Short
title.
NRS 679A.020 Definitions.
NRS 679A.030 “Authorized”
and “unauthorized” insurer defined.
NRS 679A.040 “Bona
fide resident” defined.
NRS 679A.050 “Code”
defined.
NRS 679A.060 “Commissioner”
defined.
NRS 679A.085 “Division”
defined.
NRS 679A.090 “Domestic,”
“foreign” and “alien” insurer defined.
NRS 679A.092 “Federal
Act” defined.
NRS 679A.094 “Grandfathered
plan” defined.
NRS 679A.095 “Hospice
care” defined.
NRS 679A.097 “Individual”
defined.
NRS 679A.100 “Insurer”
defined.
NRS 679A.112 “Policy”
defined.
NRS 679A.115 “Premium”
defined.
NRS 679A.117 “Producer
of insurance” defined.
NRS 679A.118 “Provider
of insurance” defined.
NRS 679A.119 “Rating
characteristic” defined.
NRS 679A.120 “State”
defined.
NRS 679A.130 “Transacting
insurance” defined.
NRS 679A.140 Purposes;
construction.
NRS 679A.150 Compliance
required.
NRS 679A.160 Application
of Code to particular types of insurers.
NRS 679A.165 Required
manner of obtaining insurance.
NRS 679A.170 Particular
provisions prevail.
NRS 679A.180 General
penalty; penalty in addition to administrative discipline.
NRS 679A.190 Disciplinary
proceeding, fine and penalty authorized after expiration or voluntary surrender
of license or certificate issued pursuant to Code.
NRS 679A.200 Prohibiting
fee to include provider of health care on panel of providers; penalty; award of
costs and attorney’s fees.
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NRS 679A.010 Short title. This
title shall be known and may be cited as the Nevada Insurance Code.
(Added to NRS by 1971, 1557)
NRS 679A.020 Definitions. As
used in this Code, unless the context otherwise requires, the words and terms
defined in NRS 679A.030 to 679A.130,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 1557; A 1983, 1933; 1991, 1613; 1993, 1897; 2001, 2179; 2013, 3597)
NRS 679A.030 “Authorized” and “unauthorized” insurer defined.
1. An “authorized” insurer is one
authorized to transact insurance or reinsurance in this State under a
subsisting certificate of authority issued by the Commissioner.
2. An “unauthorized” insurer is one not so
authorized.
(Added to NRS by 1971, 1557; A 1987, 641)
NRS 679A.040 “Bona fide resident” defined. “Bona
fide resident” means a person who actually resides in this state with
domiciliary intent.
(Added to NRS by 1971, 1558)
NRS 679A.050 “Code” defined. “Code”
means the Nevada Insurance Code.
(Added to NRS by 1971, 1558)
NRS 679A.060 “Commissioner” defined. “Commissioner”
means the Commissioner of Insurance.
(Added to NRS by 1971, 1558)
NRS 679A.085 “Division” defined. “Division”
means the Division of Insurance of the Department of Business and Industry.
(Added to NRS by 1993, 1897)
NRS 679A.090 “Domestic,” “foreign” and “alien” insurer defined.
1. A “domestic” insurer is one:
(a) Formed under the laws of Nevada, unless it
has converted into a foreign insurer; or
(b) Which has converted into a domestic insurer.
2. A “foreign” insurer is one:
(a) Formed under the laws of any jurisdiction
other than this state, unless it has converted into a domestic insurer; or
(b) Which has converted into a foreign insurer.
3. An “alien” insurer is one formed under
the laws of any country other than the United States of America or any of its
states.
4. Except where distinguished by context,
“foreign” insurer includes also “alien” insurer.
(Added to NRS by 1971, 1558; A 1983, 683)
NRS 679A.092 “Federal Act” defined. “Federal
Act” means the federal Patient Protection and Affordable Care Act, Public Law
111-148, as amended by the federal Health Care and Education Reconciliation Act
of 2010, Public Law 111-152, and any amendments to, or regulations or guidance
issued pursuant to, those acts.
(Added to NRS by 2013, 3596)
NRS 679A.094 “Grandfathered plan” defined. “Grandfathered
plan” means a health benefit plan that meets the requirements of 42 U.S.C. §
18011.
(Added to NRS by 2013, 3597)
NRS 679A.095 “Hospice care” defined. “Hospice
care” has the meaning ascribed to it in NRS
449.0115.
(Added to NRS by 1983, 1933; A 1989, 1031)
NRS 679A.097 “Individual” defined. An
“individual” is a natural person.
(Added to NRS by 1971, 1559; A 1985, 537)—(Substituted
in revision for NRS 679A.110)
NRS 679A.100 “Insurer” defined. “Insurer”
includes every person engaged as principal and as indemnitor, surety or
contractor in the business of entering into contracts of insurance.
(Added to NRS by 1971, 1558)
NRS 679A.112 “Policy” defined. “Policy”
means the written contract of or written agreement for or effecting insurance,
by whatever name called, and includes all clauses, riders, endorsements and
papers which are a part thereof.
(Added to NRS by 1981, 1141)
NRS 679A.115 “Premium” defined. “Premium”
means the consideration for insurance, by whatever name called. The term
includes any “assessment,” or any “membership,” “policy,” “survey,”
“inspection,” “service” or similar fee or other charge assessed or collected by
the insurer or an agent of the insurer in consideration for an insurance
contract or its procurement.
(Added to NRS by 1981, 1141)
NRS 679A.117 “Producer of insurance” defined. “Producer
of insurance” means a person required to be licensed under the laws of this
state to sell, solicit or negotiate insurance.
(Added to NRS by 2001, 2179)
NRS 679A.118 “Provider of insurance” defined. “Provider
of insurance” includes an insurer, producer of insurance, managing general
agent, third-party administrator, organization composed of or using preferred
providers of health care, health maintenance organization, commercial bank,
trust company, savings and loan association, credit union, thrift company,
financial holding company, affiliate or subsidiary of an insurer or financial
holding company, broker-dealer in securities, mortgage lender, and any other
person engaged in the business of insurance.
(Added to NRS by 2001, 2179)
NRS 679A.119 “Rating characteristic” defined. “Rating
characteristic” means age, family composition, tobacco use or geographic rating
area.
(Added to NRS by 2013, 3597)
NRS 679A.120 “State” defined. When
used in context signifying a jurisdiction other than the State of Nevada,
“state” means any state, district, commonwealth, territory or possession of the
United States of America.
(Added to NRS by 1971, 1559; A 1983, 154)
NRS 679A.130 “Transacting insurance” defined. In
addition to other aspects of insurance operations to which provisions of this
Code by their terms apply, “transact” with respect to a business of insurance
includes any of the following, by mail or otherwise or whether or not for the
purpose of profit:
1. Solicitation or inducement.
2. Negotiations.
3. Effectuation of a contract of
insurance.
4. Transaction of matters subsequent to
effectuation and arising out of such a contract.
(Added to NRS by 1971, 1559)
NRS 679A.140 Purposes; construction.
1. The purposes of this Code are to:
(a) Protect policyholders and all having an
interest under insurance policies;
(b) Implement the public interest in the business
of insurance;
(c) Provide adequate standards of solidity of
insurers, and of integrity and competence in conduct of their affairs in the
home offices and in the field;
(d) Improve and thereby preserve state regulation
of insurance;
(e) Insure that policyholders, claimants and
insurers are treated fairly and equitably;
(f) Encourage full cooperation of the office of
Commissioner with other regulatory bodies, both of this and other states and of
the Federal Government;
(g) Insure that the State has an adequate and
healthy insurance market characterized by competitive conditions and the
exercise of initiative;
(h) Prevent misleading, unfair and monopolistic
practices in insurance operations; and
(i) Continue to provide the State of Nevada with
a comprehensive, modern and adequate body of law, in response to the McCarran
Act (Public Law 15, 79th Congress, 15 U.S.C. §§ 1011 to 1015, inclusive), for
the effective regulation and supervision of insurance business transacted
within, or affecting interests of the people of this state.
2. The provisions of this Code shall be
given reasonable and liberal construction for the fulfillment of these
purposes.
(Added to NRS by 1971, 1559)
NRS 679A.150 Compliance required. No
person shall transact a business of insurance in Nevada, or relative to a
subject of insurance resident, located or to be performed in Nevada or
elsewhere, without complying with the applicable provisions of this Code.
(Added to NRS by 1971, 1560)
NRS 679A.160 Application of Code to particular types of insurers. Except as otherwise provided by specific
statute, no provision of this Code applies to:
1. Fraternal benefit societies, as
identified in chapter 695A of NRS, except
as stated in chapter 695A of NRS.
2. Hospital, medical or dental service
corporations, as identified in chapter 695B
of NRS, except as stated in chapter 695B of
NRS.
3. Motor clubs, as identified in chapter 696A of NRS, except as stated in chapter 696A of NRS.
4. Bail agents, as identified in chapter 697 of NRS, except as stated in NRS 680B.025 to 680B.039, inclusive, and chapter 697 of NRS.
5. Risk retention groups, as identified in
chapter 695E of NRS, except as stated in chapter 695E of NRS.
6. Captive insurers, as identified in chapter 694C of NRS, with respect to their
activities as captive insurers, except as stated in chapter 694C of NRS.
7. Health and welfare plans arising out of
collective bargaining under chapter 288 of
NRS, except that the Commissioner may review the plan to ensure that the
benefits are reasonable in relation to the premiums and that the fund is
financially sound.
8. Programs established pursuant to
subsection 1 of NRS 315.725 and the
entities administering those programs, except as stated in NRS 315.725.
(Added to NRS by 1971, 1560; A 1971, 1931; 1983, 712; 1987, 1333; 1993, 2381; 1995, 467; 1997, 299, 3374; 1999, 3217; 2011, 581)
NRS 679A.165 Required manner of obtaining insurance. A
person who is required by statute to obtain insurance or any other type of
security as a condition of licensure or conducting business must obtain the
insurance or other security in the manner set forth in NRS 277.067, 277.069, 277.0695 or 315.725 or from an insurer who is licensed
or otherwise allowed to transact insurance under this title.
(Added to NRS by 1993, 2380; A 2011, 581)
NRS 679A.170 Particular provisions prevail. Provisions
of this Code relative to a particular kind of insurance or type of insurer or
particular matter shall prevail over provisions relating to insurance in
general or insurers in general or to such matter in general.
(Added to NRS by 1971, 1560)
NRS 679A.180 General penalty; penalty in addition to administrative
discipline.
1. Unless the same is defined as a felony
under any other law of this state, or punishment provided therefor classifies
it otherwise, every violation of any provision of this Code is a misdemeanor.
2. Every penalty imposed by this Code
shall be in addition to any applicable suspension, revocation or denial of a
license or certificate of authority.
(Added to NRS by 1971, 1560)
NRS 679A.190 Disciplinary proceeding, fine and penalty authorized after
expiration or voluntary surrender of license or certificate issued pursuant to
Code. The expiration or voluntary
surrender of a license or certificate issued pursuant to the provisions of this
Code does not:
1. Prohibit the Commissioner from
initiating or continuing a disciplinary proceeding against the holder of the
license or certificate; or
2. Prevent the imposition or collection of
any fine or penalty authorized pursuant to the provisions of this Code against
the holder of the license or certificate.
(Added to NRS by 1999, 2783)
NRS 679A.200 Prohibiting fee to include provider of health care on panel of
providers; penalty; award of costs and attorney’s fees.
1. If an organization establishes a panel
of providers of health care and makes the panel available for use by an insurer
when offering health care services pursuant to chapter
689A, 689B, 689C, 695A,
695B or 695C
of NRS, the organization shall not charge the insurer or a provider of health
care:
(a) A fee to include the name of the provider on
the panel of providers of health care; or
(b) Any other fee related to establishing a
provider of health care as a provider for the organization.
2. If an organization violates the
provisions of subsection 1, the organization shall pay to the insurer or
provider of health care, as appropriate, an amount that is equal to twice the
fee charged to the insurer or provider of health care.
3. A court shall award costs and
reasonable attorney’s fees to the prevailing party in an action brought
pursuant to this section.
4. In addition to any relief granted
pursuant to this section, if an organization violates the provisions of
subsection 1, and if an insurer offering health care services pursuant to chapter 689A, 689B,
689C, 695A,
695B or 695C
of NRS has a contract with or otherwise uses the services of the organization,
the Division shall require the insurer to suspend its performance under the
contract or discontinue using those services until the organization, as determined
by the Division:
(a) Complies with the provisions of subsection 1;
and
(b) Refunds to all providers of health care any
fees obtained by the organization in violation of subsection 1.
(Added to NRS by 2003, 3349)
