Title 40

NRS 439B.400 Hospital must maintain and use uniform list of billed charges; exception. Each hospital in this State shall maintain and use a uniform list of billed charges for that hospital for units of service or goods provided to all inpatients. A hospital may not use a billed c…

NRS 439B.410 Hospital required to provide emergency services and care; unlawful acts of hospital or physician working in hospital emergency room; treating hospital may recover penalty from transferring hospital; exceptions; administrative investigations and sanctions. 1. Except a…

NRS 439B.420 Prohibited acts of hospitals and related entities; exceptions; submission of contracts to Director; civil penalty. 1. A hospital or related entity shall not establish a rental agreement with a physician or entity that employs physicians that requires any portion of h…

NRS 439B.425 Prohibited referral of patients; exceptions; penalty. 1. Except as otherwise provided in this section, a practitioner shall not refer a patient, for a service or for goods related to health care, to a health facility, medical laboratory, diagnostic imaging or radiati…

NRS 439B.430 Prohibited acts of hospitals; examination by Director; administrative fine; injunctive relief. 1. For the purposes of this section: (a) An “affiliated person” is a person controlled by any combination of the hospital, the parent corporation, a subsidiary or the princ…

NRS 439B.440 Director may require hospitals, health facilities and providers of health services to submit information; independent audit; examinations; penalty. 1. The Director may by regulation require hospitals, other health facilities and providers of health services to submit…

NRS 439B.450 Powers and duties of Director. The Director: 1. May adopt such regulations as are necessary to carry out the provisions of NRS 439B.160 to 439B.500, inclusive. 2. Shall ensure that the administration of NRS 439B.160 to 439B.500, inclusive, does not cause the State to…

NRS 439B.460 Director authorized to delegate powers and duties. The Director may delegate: 1. Any of the Director’s powers or duties pursuant to NRS 439B.160 to 439B.500, inclusive, to the Administrator of the Medicaid Division of the Authority. 2. Any of the Department’s powers …

NRS 439B.500 Penalty for violation of provisions. In addition to any civil or administrative penalty specifically provided in NRS 439B.160 to 439B.500, inclusive, any person who violates a provision of NRS 439B.160 to 439B.500, inclusive, shall be punished by a fine of not more t…

NRS 439B.600 Definitions. As used in NRS 439B.600 to 439B.695, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439B.605 to 439B.622, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2007, 3137; A 2017, 4301; 20…

NRS 439B.605 “Manufacturer” defined. “Manufacturer” has the meaning ascribed to it in 42 U.S.C. § 1396r-8(k)(5). (Added to NRS by 2017, 4297; A 2021, 3723)

NRS 439B.607 “National Drug Code” defined. “National Drug Code” means the numerical code assigned to a prescription drug by the United States Food and Drug Administration. (Added to NRS by 2021, 3722)

NRS 439B.610 “Pharmacy” defined. “Pharmacy” means every store or shop licensed by the State Board of Pharmacy where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where pre…

NRS 439B.615 “Pharmacy benefit manager” defined. “Pharmacy benefit manager” has the meaning ascribed to it in NRS 683A.174. (Added to NRS by 2017, 4297)

NRS 439B.616 “Rebate” defined. 1. “Rebate” means a discount or concession that affects the price of a prescription drug which is provided by the manufacture of the drug to: (a) A third party; (b) A pharmacy benefit manager after the pharmacy benefit manager has processed a claim …

NRS 439B.618 “Third party” defined. “Third party” means: 1. An insurer, as that term is defined in NRS 679B.540; 2. A health benefit plan, as that term is defined in NRS 687B.470, for employees which provides coverage for prescription drugs; 3. The Public Employees’ Benefits Prog…

NRS 439B.619 “Unit” defined. “Unit” has the meaning ascribed to it in 42 U.S.C. § 1395w-3a(b)(2)(B). (Added to NRS by 2021, 3723)

NRS 439B.620 “Wholesale acquisition cost” defined. “Wholesale acquisition cost” means the manufacturer’s published list price for a prescription drug with a unique National Drug Code for sale to a wholesaler or any other person or entity that purchases the prescription drug direc…

NRS 439B.622 “Wholesaler” defined. “Wholesaler” has the meaning ascribed to it in NRS 639.016. (Added to NRS by 2021, 3723)

NRS 439B.625 Organization representing interests of retail merchants to prepare and update list of most commonly prescribed drugs or generic equivalents. The organization with the largest membership in this State which represents the interests of retail merchants, as determined b…

NRS 439B.630 Authority to annually compile lists of certain prescription drugs. 1. On or before February 1 of each year, the Authority shall compile: (a) A list of prescription drugs that the Authority determines to be essential for treating diabetes in this State and the wholesa…

NRS 439B.635 Manufacturer of certain prescription drugs to prepare, submit and affirm accuracy of annual report; contents of report. 1. On or before April 1 of each year, the manufacturer of a prescription drug that appears on either or both of the most current lists compiled by …

NRS 439B.640 Manufacturer of drug that has undergone significant price increase to submit report describing reasons for increase; affirmation of accuracy of report; contents of report. 1. On or before April 1 of a year in which a drug is included on either or both of the lists co…

NRS 439B.642 Wholesaler of certain prescription drugs to prepare, submit and affirm accuracy of annual report; contents of report. 1. On or before April 1 of each year, a wholesaler that sells a prescription drug that appears on either or both of the most current lists compiled b…

NRS 439B.645 Pharmacy benefit manager to submit and affirm accuracy of annual report concerning certain drugs; contents of report. 1. On or before April 1 of each year, a pharmacy benefit manager shall submit to the Authority: (a) A report which includes the information prescribe…

NRS 439B.650 Authority to compile annual report concerning price of certain drugs; contents of report; presentation of report at public hearing. On or before June 1 of each year, the Authority shall: 1. Analyze the information submitted pursuant to NRS 439B.635 to 439B.645, inclu…

NRS 439B.655 Pharmacies to provide to Authority contact information, electronic mail address and address of Internet website; exceptions. 1. Except as otherwise provided in subsections 2 and 3, each pharmacy shall, in accordance with the regulations adopted pursuant to NRS 439B.6…

NRS 439B.660 Manufacturer required to provide list of its pharmaceutical sales representatives; electronic access to list; prohibition against unlisted person marketing prescription drugs; reports. 1. A manufacturer of a prescription drug shall provide to the Authority a list of …

NRS 439B.665 Report by certain nonprofit organizations that receive items of value from manufacturer. 1. On or before February 1 of each year, a nonprofit organization that advocates on behalf of patients or funds medical research in this State and has received a payment, donatio…

NRS 439B.670 Authority to place on Internet website certain information concerning pharmacies, nonprofit organizations and prescription drugs and certain reports by Authority; additional or alternative procedures for obtaining information concerning pharmacies, nonprofit organiza…

NRS 439B.675 Manner of presentation of information. 1. Except as otherwise provided in this section, the Authority shall ensure that the list of prescription drugs prepared pursuant to NRS 439B.625 and the information that pharmacies and the Authority provide and obtain pursuant …

NRS 439B.680 Immunity from civil and criminal liability. The Authority and its members, officers and employees are not liable civilly or criminally for any act, omission, error or technical problem that results in: 1. The failure to provide to consumers information regarding a ph…

NRS 439B.685 Regulations. The Authority shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 439B.600 to 439B.695, inclusive. Such regulations must provide for, without limitation: 1. Notice to consumers stating that: (a) A…

NRS 439B.690 Suspension of components of program or duties of Authority if sufficient money not available; acceptance of gifts and grants. 1. On or before July 1 of each odd-numbered year, the Authority shall make a determination of whether sufficient money is available and autho…

NRS 439B.695 Administrative penalty for failure to provide information to Authority; use of money collected by Authority. 1. If a pharmacy that is licensed under the provisions of chapter 639 of NRS and is located within the State of Nevada fails to provide to the Authority the i…

NRS 439B.700 Definitions. As used in NRS 439B.700 to 439B.760, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439B.703 to 439B.739, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2019, 320)

NRS 439B.703 “Covered person” defined. “Covered person” means a policyholder, subscriber, enrollee or other person covered by a third party. (Added to NRS by 2019, 320)

NRS 439B.706 “Independent center for emergency medical care” defined. “Independent center for emergency medical care” has the meaning ascribed to it in NRS 449.013. (Added to NRS by 2019, 320)

NRS 439B.709 “In-network emergency facility” defined. “In-network emergency facility” means a hospital or independent center for emergency medical care that is an in-network provider. (Added to NRS by 2019, 320)

NRS 439B.712 “In-network provider” defined. “In-network provider” means, for a particular covered person, a provider of health care that has entered into a provider contract with a third party for the provision of health care to the covered person. (Added to NRS by 2019, 320)

NRS 439B.715 “Medically necessary emergency services” defined. “Medically necessary emergency services” means health care services that are provided by a provider of health care to screen and to stabilize a covered person after the sudden onset of a medical condition that manifes…

NRS 439B.718 “Out-of-network emergency facility” defined. “Out-of-network emergency facility” means a hospital or independent center for emergency medical care that is an out-of-network provider. (Added to NRS by 2019, 320)

NRS 439B.721 “Out-of-network provider” defined. “Out-of-network provider” means, for a particular covered person, a provider of health care that has not entered into a provider contract with a third party for the provision of health care to the covered person. (Added to NRS by 20…

NRS 439B.724 “Provider contract” defined. “Provider contract” means a contract between a third party and an in-network provider to provide health care services to a covered person. (Added to NRS by 2019, 320)

NRS 439B.727 “Provider of health care” defined. “Provider of health care” has the meaning ascribed to it in NRS 695G.070. (Added to NRS by 2019, 320)

NRS 439B.730 “Prudent person” defined. “Prudent person” means a person who: 1. Is not a provider of health care; 2. Possesses an average knowledge of health and medicine; and 3. Is acting reasonably under the circumstances. (Added to NRS by 2019, 321)