Title 57

NRS 688C.320 Confidentiality of medical information solicited or obtained by licensee. All medical information solicited or obtained by a licensee under this chapter is subject to other laws of this State relating to the confidentiality of the information. (Added to NRS by 2001, …

NRS 688C.330 Notice to insured of transfer of ownership or change of beneficiary of viaticated policy by provider of viatical settlements; response by insurer to request for such change; prohibited acts by insurer. 1. If a provider of viatical settlements transfers ownership or c…

NRS 688C.350 Applicability and interpretation of provisions. NRS 688C.350 to 688C.430, inclusive, apply to advertising of viatical settlements, agreements to purchase viatical settlements or related products or services intended for dissemination in this state, including advertis…

NRS 688C.360 Establishment and maintenance by licensee of system of control; responsibility for advertisements. Each licensee under this chapter shall establish and continuously maintain a system of control over the content, form and method of dissemination of all advertisements …

NRS 688C.370 Advertisements: Avoidance of deception; filing of materials with Commissioner; regulations. 1. An advertisement must be truthful and not misleading in fact or by implication. The form and content of an advertisement for viatical settlements, agreements to purchase vi…

NRS 688C.380 Text of information required to be disclosed; use of misleading omissions, language or illustrations; use of name or title of insurer or policy; prohibited statements, implications and words. 1. The information required to be disclosed under NRS 688C.350 to 688C.430,…

NRS 688C.390 Use of testimonial, endorsement, appraisal, analysis or statistical information. 1. A testimonial, endorsement, appraisal or analysis used in an advertisement must be genuine, represent the present opinion of the author, apply to the viatical settlement or agreement …

NRS 688C.400 Prohibited disparagement. An advertisement may not disparage insurers, providers of insurance, other providers or brokers of viatical settlements, policies, services or methods of marketing. (Added to NRS by 2001, 2175)

NRS 688C.410 Identification of provider, viatical settlement and agreement to purchase viatical settlement; statement of name of licensee. 1. The name of the provider of viatical settlements must be clearly identified in an advertisement about the provider, the provider’s viatica…

NRS 688C.420 Use of words, symbols or physical materials similar to those of governmental program or agency; creation of impression of governmental recommendation or endorsement; statements regarding licensing. 1. An advertisement may not use a combination of words, symbols or ph…

NRS 688C.430 Disclosures required when emphasizing speed of viatication or monetary amounts available. 1. If an advertiser emphasizes the speed with which viatication will occur, the advertisement must disclose the average time from completed application to date of offer and from…

NRS 688C.440 Interference with enforcement of chapter or investigation of possible violation unlawful; permitting person convicted of certain felonies to participate in business of viatical settlements unlawful. It is unlawful knowingly or intentionally: 1. For any person to inte…

NRS 688C.450 Felonious acts. It is a category D felony, and the offender shall be punished as provided in NRS 193.130, for any person, knowingly or with intent to defraud, to do any of the following acts in order to deprive another of property or for the person’s own pecuniary ga…

NRS 688C.460 Provision to Commissioner of information regarding felonious acts. 1. A person engaged in the business of viatical settlements who knows or reasonably believes that a violation of NRS 688C.450 is being, has been or will be committed shall promptly report the facts an…

NRS 688C.470 Immunity of persons providing information regarding felonious acts; award of attorney’s fees and costs. 1. Except as otherwise provided in subsection 2, a person furnishing information of the kind described in NRS 688C.460 is immune from liability and civil action if…

NRS 688C.480 Confidentiality and disclosure of certain documents and information regarding felonious acts. 1. Except as otherwise provided in NRS 239.0115, a document or information furnished pursuant to NRS 688C.470 or obtained by the Commissioner in an investigation of an actua…

NRS 688C.490 Establishment, maintenance and modification by licensees of certain protective measures against fraud; confidentiality of plan submitted to Commissioner. 1. Each licensee under this chapter shall establish and maintain protective measures against fraud which are reas…

NRS 688C.500 Statement related to false information required on application or contract for viatical settlement; effect. An application or contract for a viatical settlement, however transmitted, must contain a statement substantially as follows: “A person who knowingly presents …

NRS 688C.510 Injunctive and other relief; administrative fine; restitution; civil action; rescission. 1. In addition to the penalties and other means of enforcement provided under this chapter: (a) If a person violates a provision of this chapter or of a regulation adopted under …

NRS 688D.010 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 688D.020 to 688D.060, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2013, 2701)

NRS 688D.020 “Benefit contract” defined. “Benefit contract” has the meaning ascribed to it in NRS 695A.003. (Added to NRS by 2013, 2701)

NRS 688D.030 “Death Master File” defined. “Death Master File” means the Death Master File from the Social Security Administration or any other database or service which is at least as comprehensive as the Death Master File from the Social Security Administration and which is acce…

NRS 688D.040 “Insured” defined. “Insured” means: 1. A person covered by a policy of life insurance; 2. A holder of a retained asset account; 3. An annuitant or other owner of an annuity, when the annuity provides for benefits to be paid or other money to be distributed upon the d…

NRS 688D.050 “Policy of life insurance” defined. 1. “Policy of life insurance” means any policy, contract or certificate of life insurance that provides a death benefit. 2. The term does not include: (a) A policy or certificate of life insurance that is used to fund a preneed con…

NRS 688D.060 “Retained asset account” defined. “Retained asset account” means any account or other mechanism by which the settlement of any proceeds payable under a policy of life insurance is accomplished by the insurer or a person acting on behalf of the insurer by depositing t…

NRS 688D.070 Applicability. The provisions of this chapter do not apply to any policy of life insurance, annuity or benefit contract that is used to fund or otherwise provide a death benefit under an employee benefit program which is subject to the Employee Retirement Income Secu…

NRS 688D.080 Insurer required to request information sufficient to ensure payment of benefits upon death of insured. On or before the effective date of a policy of life insurance, annuity or benefit contract or on or before the date of the establishment of a retained asset accoun…

NRS 688D.090 Insurer required to compare policies of life insurance, annuities, benefit contracts and retained asset accounts against Death Master File at least semiannually; duties of insurer upon match; records; presumption of abandonment; disclosure of personal information; re…

NRS 688D.100 Insurer prohibited from charging insured or beneficiary fees for search or verification. An insurer shall not charge or collect from an insured or a beneficiary any fees or costs associated with any search or verification conducted pursuant to this chapter. (Added to…

NRS 688D.110 Notice to State Treasurer upon reversion by escheat; contents; transfer to State Treasurer of unclaimed benefit and interest; exception. 1. An insurer shall notify the State Treasurer upon the reversion by escheat of a benefit under a policy of life insurance or an a…

NRS 688D.120 Order of Commissioner: Authorization to search only electronically; approval of timeline to make files searchable electronically; exemption from requirements; approval of plan for compliance. The Commissioner may, after notice and a hearing, issue an order: 1. Author…

NRS 688D.130 Failure of insurer to comply with chapter may constitute unfair trade practice; exception. Except as otherwise provided in NRS 688D.120, the failure of an insurer to comply with any provision of this chapter may constitute an unfair trade practice for the purposes of…

NRS 688D.140 Regulations. The Commissioner may adopt regulations to carry out the provisions of this chapter. (Added to NRS by 2013, 2704)

NRS 689.015 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 689.035 to 689.145, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1971, 1393; A 1987, 1260; 1991, 2203)

NRS 689.035 “Agent” defined. “Agent” means an individual authorized by a seller to offer, sell or solicit the purchase of a prepaid contract on behalf of the seller. (Added to NRS by 1971, 1393)

NRS 689.045 “Buyer” defined. “Buyer” means the purchaser of a prepaid contract. (Added to NRS by 1971, 1393)

NRS 689.065 “Net purchase price” defined. “Net purchase price” means the purchase price, including interest earned on the trust funds attributable to the buyer, remaining after deduction of the sales commission. (Added to NRS by 1971, 1394; A 2001, 2216)

NRS 689.105 “Purchase price” defined. “Purchase price” means the aggregate amount to be paid by a buyer to a seller for a prepaid contract. (Added to NRS by 1971, 1394; A 1987, 1260)

NRS 689.115 “Sales commission” defined. “Sales commission” means that portion of the purchase price paid to or retained by the seller as compensation in connection with the sale of a prepaid contract. (Added to NRS by 1971, 1394)

NRS 689.125 “Seller” defined. “Seller” means any person selling a prepaid contract. (Added to NRS by 1971, 1394)

NRS 689.135 “Trust fund” defined. “Trust fund” means a fund containing any money deposited with a trustee by a seller with respect to a prepaid contract. (Added to NRS by 1971, 1394; A 1987, 1260)

NRS 689.137 “Trust liability” defined. “Trust liability” means 100 percent of the purchase price after deducting commissions. (Added to NRS by 1991, 2203; A 1993, 2616)

NRS 689.145 “Trustee” defined. “Trustee” means: 1. A state or national bank or savings bank; 2. A trust company; 3. A federally insured savings and loan association; or 4. A credit union insured by the National Credit Union Share Insurance Fund or by a private insurer approved pu…

NRS 689.148 Regulations. The Commissioner may adopt such regulations as may be necessary to carry out the purposes and provisions of this chapter. (Added to NRS by 1971, 1402; A 1987, 1270) FUNERAL SERVICES

NRS 689.150 Definitions. As used in NRS 689.150 to 689.375, inclusive, unless the context otherwise requires: 1. “Funeral service or services” means those services performed normally by funeral directors, funeral arrangers or funeral or mortuary parlors and includes their sales o…

NRS 689.155 Unlawful acts; exception. 1. It is unlawful for any person to receive, hold, control or manage money or proceeds received or derived from the sale of, or from a contract to sell, any personal property, merchandise, funeral supplies or services of any description not a…