Nevada Administrative Code

NAC 679B.775 Definitions. (NRS 679B.130) As used in NAC 679B.775 to 679B.795, inclusive, unless the context otherwise requires, the words and terms defined in NAC 679B.780, 679B.785 and 679B.790 have the meanings ascribed to them in those sections. (Added to NAC by Comm’r of Insu…

NAC 679B.780 “Health care plan” defined. (NRS 679B.130) “Health care plan” has the meaning ascribed to it in NRS 679B.520. (Added to NAC by Comm’r of Insurance by R010-02, 9-13-2002)

NAC 679B.785 “Insured” defined. (NRS 679B.130) “Insured” has the meaning ascribed to it in NRS 679B.530. (Added to NAC by Comm’r of Insurance by R010-02, 9-13-2002)

NAC 679B.790 “Insurer” defined. (NRS 679B.130) “Insurer” has the meaning ascribed to it in NRS 679B.540. (Added to NAC by Comm’r of Insurance by R010-02, 9-13-2002)

NAC 679B.795 Prohibited acts by insurer. (NRS 679B.130) An insurer that issues a health care plan shall not: 1. Delay or deny the payment of any claim for pharmacy benefits solely on the basis that the person who wrote the prescription does not have a valid registration number is…

NAC 679B.800 Definitions. (NRS 679B.130, 686A.025) As used in NAC 679B.800 to 679B.878, inclusive, unless the context otherwise requires, the words and terms defined in NAC 679B.802 to 679B.832, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Com…

NAC 679B.802 “Affiliate” defined. (NRS 679B.130, 686A.025) “Affiliate” means any company that controls, is controlled by or is under common control with another company. (Added to NAC by Comm’r of Insurance by R130-01, eff. 12-17-2002)

NAC 679B.804 “Clear and conspicuous” defined. (NRS 679B.130, 686A.025) 1. “Clear and conspicuous” means that a notice is reasonably understandable and designed to call attention to the nature and significance of the information in the notice. 2. For the purposes of this section, …

NAC 679B.806 “Collect” defined. (NRS 679B.130, 686A.025) “Collect” means to obtain any information that a licensee organizes or can retrieve by: 1. The name of a natural person; or 2. An identifying number, symbol or other identifying particular assigned to the natural person. (A…

NAC 679B.808 “Company” defined. (NRS 679B.130, 686A.025) “Company” means a corporation, limited-liability company, business trust, general partnership, limited partnership, association, sole proprietorship or similar organization. (Added to NAC by Comm’r of Insurance by R130-01, …

NAC 679B.810 “Consumer” defined. (NRS 679B.130, 686A.025) 1. “Consumer” means a natural person, or the legal representative of a natural person: (a) Who seeks to obtain or has obtained an insurance product or service from a licensee that is to be used primarily for personal, fami…

NAC 679B.812 “Consumer reporting agency” defined. (NRS 679B.130, 686A.025) “Consumer reporting agency” has the meaning ascribed to it in 15 U.S.C. § 1681a(f) of the Fair Credit Reporting Act. (Added to NAC by Comm’r of Insurance by R130-01, eff. 12-17-2002)

NAC 679B.814 “Control” defined. (NRS 679B.130, 686A.025) “Control” means: 1. Ownership or power to vote, directly or indirectly, 25 percent or more of the outstanding shares of any class of voting security of the company; 2. Directing, in any manner, the election of a majority of…

NAC 679B.816 “Customer” defined. (NRS 679B.130, 686A.025) 1. “Customer” means a consumer who has a customer relationship with a licensee. 2. The term does not include a natural person solely because of his or her status as an annuitant pursuant to a contract for a group annuity i…

NAC 679B.818 “Customer relationship” defined. (NRS 679B.130, 686A.025) 1. “Customer relationship” means a continuing relationship between a consumer and a licensee in which the licensee provides one or more insurance products or services to the consumer that are to be used primar…

NAC 679B.820 “Financial institution” defined. (NRS 679B.130, 686A.025) 1. “Financial institution” means any institution engaged in activities that are financial in nature or incidental to such financial activities as described in 12 U.S.C. § 1843(k) of the Bank Holding Company Ac…

NAC 679B.822 “Insurance product or service” defined. (NRS 679B.130, 686A.025) 1. “Insurance product or service” means any product or service that is offered by a licensee pursuant to the insurance laws of this State. 2. The term includes an evaluation, brokerage or distribution o…

NAC 679B.824 “Licensee” defined. (NRS 679B.130, 686A.025) 1. “Licensee” means all: (a) Authorized insurers; (b) Licensed producers; and (c) Other persons who, pursuant to the insurance laws of this State, are: (1) Licensed, authorized or registered, except pursuant to chapter 690…

NAC 679B.826 “Nonaffiliated third party” defined. (NRS 679B.130, 686A.025) 1. “Nonaffiliated third party” means any person except: (a) An affiliate of a licensee; or (b) A person employed jointly by a licensee and any company that is not the affiliate of a licensee. 2. The term i…

NAC 679B.828 “Nonpublic personal financial information” defined. (NRS 679B.130, 686A.025) 1. “Nonpublic personal financial information” means: (a) Personally identifiable financial information; and (b) Any list, description or other grouping of consumers and publicly available in…

NAC 679B.829 “Nonpublic personal health information” defined. (NRS 679B.130, 686A.025) “Nonpublic personal health information” means health information: 1. That identifies a person who is the subject of the information; or 2. With respect to which there is a reasonable basis to b…

NAC 679B.8295 “Nonpublic personal information” defined. (NRS 679B.130, 686A.025) “Nonpublic personal information” means: 1. Nonpublic personal financial information; and 2. Nonpublic personal health information. (Added to NAC by Comm’r of Insurance by R125-18, eff. 10-25-2018)

NAC 679B.830 “Personally identifiable financial information” defined. (NRS 679B.130, 686A.025) 1. “Personally identifiable financial information” means any information: (a) That a consumer provides to a licensee to obtain an insurance product or service from the licensee; (b) Abo…

NAC 679B.832 “Publicly available information” defined. (NRS 679B.130, 686A.025) 1. “Publicly available information” means any information that a licensee has a reasonable basis to believe is lawfully made available to the general public from: (a) Federal, state or local governmen…

NAC 679B.834 Scope. (NRS 679B.130, 686A.025) The provisions of NAC 679B.800 to 679B.878, inclusive, govern the disclosure and use of nonpublic personal financial information about natural persons by all licensees. (Added to NAC by Comm’r of Insurance by R130-01, eff. 12-17-2002)

NAC 679B.836 Applicability. (NRS 679B.130, 686A.025) 1. The provisions of NAC 679B.800 to 679B.878, inclusive, apply to nonpublic personal financial information regarding a natural person who obtains products or services primarily for personal, family or household purposes from a…

NAC 679B.838 Limitations on construction of provisions. (NRS 679B.130, 686A.025) The provisions of NAC 679B.800 to 679B.878, inclusive, must not be construed to: 1. Interfere with or supersede other applicable provisions of NRS or NAC related to medical records, or the privacy of…

NAC 679B.840 Severability. (NRS 679B.130, 686A.025) 1. The provisions of NAC 679B.800 to 679B.878, inclusive, are hereby declared to be severable. 2. If any provision of NAC 679B.800 to 679B.878, inclusive, is held invalid, or if the application of any such provision to any perso…

NAC 679B.841 Definitions. (NRS 679B.130, 679B.137, 686A.025) As used in NAC 679B.841 to 679B.8417, inclusive, unless the context otherwise requires, the words and terms defined in NAC 679B.8412, 679B.8413 and 679B.8414 have the meanings ascribed to them in those sections. (Added …

NAC 679B.8412 “Customer information” defined. (NRS 679B.130, 679B.137, 686A.025) “Customer information” means nonpublic personal information about a customer, whether in paper, electronic or other form, that is maintained by or on behalf of the licensee. (Added to NAC by Comm’r o…

NAC 679B.8413 “Customer information system” defined. (NRS 679B.130, 679B.137, 686A.025) “Customer information system” means the electronic or physical methods used to access, collect, store, use, transmit, protect or dispose of customer information. (Added to NAC by Comm’r of Ins…

NAC 679B.8414 “Service provider” defined. (NRS 679B.130, 679B.137, 686A.025) “Service provider” means a person who maintains, processes or is otherwise allowed access to customer information through the person’s provision of services directly to the licensee. (Added to NAC by Com…

NAC 679B.8415 Licensee: Requirements for written program. (NRS 679B.130, 679B.137, 686A.025) Each licensee shall implement a comprehensive written program for the security of customer information. The program must include administrative, technical and physical safeguards for the …

NAC 679B.8416 General requirements for design of program. (NRS 679B.130, 679B.137, 686A.025) A program implemented pursuant to NAC 679B.8415 for the security of customer information must be designed to: 1. Ensure the security and confidentiality of customer information; 2. Protec…

NAC 679B.8417 Factors considered by Commissioner in determining whether program is satisfactory. (NRS 679B.130, 679B.137, 686A.025) To determine whether a program implemented pursuant to NAC 679B.8415 is satisfactory, the Commissioner will consider: 1. The manner in which, in ord…

NAC 679B.842 Initial privacy notice to consumers required. (NRS 679B.130, 686A.025) 1. Except as otherwise provided in this section, a licensee shall provide a clear and conspicuous notice that accurately reflects the privacy policies and practices of the licensee to: (a) A natur…

NAC 679B.844 Annual privacy notice to customers required; exception. (NRS 679B.130, 686A.025) 1. Except as otherwise provided in subsection 3, a licensee shall provide a clear and conspicuous notice to customers that accurately reflects privacy policies and practices of the licen…

NAC 679B.846 Information to be included in privacy notices: General items; description of parties subject to exceptions; categories of information collected and disclosed; categories of affiliates and nonaffiliated third parties to whom information disclosed. (NRS 679B.130, 686A.…

NAC 679B.848 Other information to be included in certain privacy notices; short form initial notice for noncustomers. (NRS 679B.130, 686A.025) 1. If a licensee discloses nonpublic personal financial information pursuant to the exception in NAC 679B.870 to a nonaffiliated third pa…

NAC 679B.850 Requirements for privacy notice on website. (NRS 679B.130, 686A.025) A licensee who provides a notice on a website shall: 1. Design the notice to call attention to the nature and significance of the information contained in the notice. 2. Use text or visual cues to e…

NAC 679B.852 Sample clauses for use by licensees in complying with requirements for privacy notices. (NRS 679B.130, 686A.025) 1. Licensees, including, without limitation, a group of affiliates of a financial holding company that uses a common privacy notice, may use the sample cl…

NAC 679B.854 Circumstances under which licensee not subject to notice and opt-out requirements; compliance with requirements by surplus lines broker and surplus lines insurer. (NRS 679B.130, 686A.025) 1. A licensee is not subject to the notice and opt-out requirements for nonpubl…

NAC 679B.856 Form of opt-out notice to consumers; opt-out methods. (NRS 679B.130, 686A.025) 1. If a licensee is required to provide an opt-out notice pursuant to NAC 679B.864, the notice must contain a clear and conspicuous notice that accurately explains the right to opt out. Th…

NAC 679B.858 Form of opt-out notice to joint consumers; opt-out methods. (NRS 679B.130, 686A.025) 1. If two or more consumers jointly obtain an insurance product or service from a licensee, the licensee may provide a single opt-out notice. 2. In addition to the requirements of NA…

NAC 679B.860 Revised privacy notices. (NRS 679B.130, 686A.025) 1. Except as otherwise provided in NAC 679B.800 to 679B.878, inclusive, a licensee shall not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated…

NAC 679B.862 Delivery of notices. (NRS 679B.130, 686A.025) 1. A licensee shall deliver any notice required pursuant to NAC 679B.800 to 679B.878, inclusive, so that a consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically…

NAC 679B.864 Disclosure of information to nonaffiliated third parties. (NRS 679B.130, 686A.025) 1. Except as otherwise provided in this regulation, a licensee may not, directly or through an affiliate, disclose any nonpublic personal financial information about a consumer to a no…