NAC687B.212. Filing and approval of policy forms and certificate forms.

     1. An issuer shall not deliver or issue for delivery in this State a policy to supplement Medicare or a certificate unless the policy form or certificate form has been filed with and approved by the Commissioner pursuant to NRS 687B.120.

     2. An issuer shall file any riders or amendments to policy forms or certificate forms to delete outpatient prescription drug benefits as required by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, 117 Stat. 2066, December 8, 2003, with the commissioner in the state in which the policy or certificate was issued.

     3. Except as otherwise provided in this subsection, an issuer shall not file for approval more than one policy form or certificate form for each type of policy in a standardized benefit plan to supplement Medicare. An issuer may offer, with the approval of the Commissioner, not more than four additional forms for the same type of policy in a standardized benefit plan to supplement Medicare:

     (a) For the inclusion of new or innovative benefits;

     (b) For the addition of a direct-response or agent-marketing method;

     (c) For the addition of guaranteed issue or underwritten coverage; or

     (d) To offer coverage to persons eligible for Medicare because of a disability.

     4. For the purposes of this section:

     (a) “Type of policy” means an individual or group policy.

     (b) A policy issued as a result of any solicitation made by mail or by advertising using the mass media, including any written or broadcasted advertisement, shall be deemed to be an individual policy.

     (Added to NAC by Comm’r of Insurance, 7-16-92, eff. 7-30-92; A by Div. of Insurance by R078-05, 11-17-2005, eff. 9-8-2005 for Plans K and L, and 1-1-2006 for Medicare Part D Prescription Drug Benefit)