Nevada AB 419: Creates provisions governing casualty insurance. (BDR 57-1034)

Bill Text

A.B. 419
- *AB419*

ASSEMBLY BILL NO. 419–ASSEMBLYWOMAN BILBRAY-AXELROD

MARCH 27, 2017
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Referred to Committee on Transportation

SUMMARY—Creates provisions governing casualty insurance.
(BDR 57-1034)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to casualty insurance; requiring the provision of
certain medical reports, records and bills to a party against
whom a claim is asserted for personal injury under a
policy of motor vehicle insurance under certain
circumstances; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
The Nevada Legislature in 2015 enacted Senate Bill No. 162 that repealed NRS 1
690B.042, effective May 28, 2015. (Chapter 269, Statutes of Nevada 2015, p. 1355) 2
Before it was repealed, the provisions of NRS 690B.042: (1) authorized a party 3
against whom a claim is asserted for personal injury under a policy of motor 4
vehicle insurance covering a passenger car to require any attorney representing the 5
claimant to provide to the party and his or her insurer or attorney, not more than 6
once every 90 days, all medical reports, records and bills concerning the claim; (2) 7
authorized the claimant or any attorney representing the claimant to provide, in lieu 8
of providing such reports, records and bills, a written authorization to the party or 9
his or her insurer or attorney of the party to receive the reports, records and bills 10
from the provider of health care; and (3) required the insurer who issued the policy, 11
upon receipt of any copies of such reports, records and bills, upon request, to 12
disclose immediately to the insured or claimant all pertinent facts or provisions of 13
the policy relating to any coverage at issue. 14
This bill adds a new section to chapter 690B of NRS containing provisions 15
which are substantially similar to NRS 690B.042 before it was repealed in 2015. 16

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- *AB419*
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 690B of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. Except as otherwise provided in subsection 2, any party 3
against whom a claim is asserted for compensation or damages for 4
personal injury under a policy of motor vehicle insurance 5
covering a passenger car may require any attorney representing 6
the claimant to provide to the party or any attorney of the party 7
and to the insurer, not more than once every 90 days, all medical 8
reports, records and bills concerning the claim. 9
2. In lieu of providing medical reports, records and bills 10
pursuant to subsection 1, the claimant or any attorney 11
representing the claimant may provide to the party or any attorney 12
of the party and to the insurer a written authorization to receive 13
the medical reports, records and bills from the provider of health 14
care. 15
3. At the written request of the claimant or the attorney of the 16
claimant, copies of all medical reports, records and bills obtained 17
by a written authorization pursuant to subsection 2 must be 18
provided to the claimant or the attorney of the claimant within 30 19
days after the date they are received by the party, any attorney of 20
the party or the insurer. If the claimant or the attorney of the 21
claimant makes a written request for the medical reports, records 22
and bills, the claimant or the attorney of the claimant shall pay for 23
the reasonable costs of copying the medical reports, records and 24
bills. 25
4. Upon receipt of any copies of medical reports, records and 26
bills, or a written authorization pursuant to subsection 2, the 27
insurer who issued the policy specified in subsection 1 shall, upon 28
request, immediately disclose to the claimant all pertinent facts or 29
provisions of the policy relating to any coverage at issue. 30
5. As used in this section: 31
(a) “Passenger car” has the meaning ascribed to it in 32
NRS 482.087. 33
(b) “Provider of health care” has the meaning ascribed to it in 34
NRS 629.031. 35
Sec. 2. This act becomes effective upon passage and approval. 36

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