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orm described in that subsection for use in different geographical regions of this State. (b) Addenda or supplements to the form described in that subsection to address, until such time as a new form may be developed, prescribed for use and made available, any requirements newly imposed by the Federal Government, the State or one of its agencies, or a body that accredits hospitals, medical facilities or health care plans. 3. With respect to the form described in subsection 1, the Commissioner of Insurance shall: (a) Hold public hearings to seek input regarding the development of the form; (b) Develop the form in consideration of the input received pursuant to paragraph (a); (c) Ensure that the form is developed in such a manner as to accommodate and reflect the different types of credentials applicable to different classes of providers of health care; (d) Ensure that the form is developed in such a manner as to reflect standards of accreditation adopted by national organizations which accredit hospitals, medical facilities and health care plans; and (e) Ensure that the form is developed to be used efficiently and is developed to be neither unduly long nor unduly voluminous. 4. As used in this section: (a) “Carrier” has the meaning ascribed to it in NRS 689C.025. (b) “Corporation” means a corporation operating pursuant to the provisions of chapter 695B of NRS. (c) “Health maintenance organization” has the meaning ascribed to it in NRS 695C.030. (d) “Insurer” means: (1) An insurer that issues policies of individual health insurance in accordance with chapter 689A of NRS; and (2) An insurer that issues policies of group health insurance in accordance with chapter 689B of NRS. (e) “Managed care organization” has the meaning ascribed to it in NRS 695G.050. (f) “Provider of health care” means a provider of health care who is licensed pursuant to chapter 630, 631, 632 or 633 of NRS. (g) “Society” has the meaning ascribed to it in NRS 695A.044. (Added to NRS by 2003, 3374) GENETIC INFORMATION NRS 629.101 Definitions. As used in NRS 629.101 to 629.201, inclusive, unless the context otherwise requires, the words and terms defined in NRS 629.111 and 629.121 have the meanings ascribed to them in those sections. (Added to NRS by 1997, 1463) NRS 629.111 “Genetic information” defined. “Genetic information” means any information that is obtained from a genetic test. (Added to NRS by 1997, 1463) NRS 629.121 “Genetic test” defined. “Genetic test” means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that: 1. Are linked to physical or mental disorders or impairments; or 2. Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental. (Added to NRS by 1997, 1463) NRS 629.131 Applicability. 1. The provisions of NRS 629.101 to 629.201, inclusive, do not apply to any action taken by an insurer or a third-party administrator relating to a policy that provides coverage for long-term care or disability income. 2. As used in this section, “third-party administrator” has the meaning ascribed to it in NRS 616A.335. (Added to NRS by 1997, 1463) NRS 629.141 Right to inspect or obtain. A person who takes a genetic test may inspect or obtain any genetic information included in the records of his test. (Added to NRS by 1997, 1463) NRS 629.151 Obtaining genetic information of person without consent unlawful; exceptions. It is unlawful to obtain any genetic information of a person without first obtaining the informed consent of the person or the person’s legal guardian pursuant to NRS 629.181, unless the information is obtained: 1. By a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body; 2. To determine the parentage or identity of a person pursuant to NRS 56.020; 3. To determine the paternity of a person pursuant to NRS 126.121 or 425.384; 4. For use in a study where the identities of the persons from whom the genetic information is obtained are not disclosed to the person conducting the study; 5. To determine the presence of certain preventable or inheritable disorders in an infant pursuant to NRS 442.008 or a provision of federal law; or 6. Pursuant to an order of a court of competent jurisdiction. (Added to NRS by 1997, 1463; A 1999, 1062) NRS 629.161 Retention of genetic information of person without consent unlawful; exceptions; destruction of genetic information. 1. It is unlawful to retain genetic information that identifies a person, without first obtaining the informed consent of the person or the person’s legal guardian pursuant to NRS 629.181, unless retention of the genetic information is: (a) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding; (b) Authorized pursuant to an order of a court of competent jurisdiction; or (c) Necessary for a medical facility as defined in NRS 449.0151 to maintain a medical record of the person. 2. A person who has authorized another person to retain his genetic information may request that person to destroy the genetic information. If so requested, the person who retains that genetic information shall destroy the information, unless retention of that information is: (a) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding; (b) Authorized by an order of a court of competent jurisdiction; (c) Necessary for a medical facility as defined in NRS 449.0151 to maintain a medical record of the person; or (d) Authorized or required by state or federal law or regulation. 3. Except as otherwise provided in subsection 4 or by federal law or regulation, a person who obtains the genetic information of a person for use in a study shall destroy that information upon: (a) The completion of the study; (b) The withdrawal of the person from the study, whichever occurs first. 4. A person whose genetic information is used in a study may authorize the person who conducts the study to retain that genetic information after the study is completed or upon his withdrawal from the study. (Added to NRS by 1997, 1464) NRS 629.171 Disclosure of genetic information of person without consent unlawful; exceptions. It is unlawful to disclose or to compel a person to disclose the identity of a person who was the subject of a genetic test or to disclose genetic information of that person in a manner that allows identification of the person, without first obtaining the informed consent of that person or his legal guardian pursuant to NRS 629.181, unless the information is disclosed: 1. To conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding; 2. To determine the parentage or identity of a person pursuant to NRS 56.020; 3. To determine the paternity of a person pursuant to NRS 126.121 or 425.384; 4. Pursuant to an order of a court of competent jurisdiction; 5. By a physician and is the genetic information of a deceased person that will assist in the medical diagnosis of persons related to the deceased person by blood; 6. To a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body; 7. To determine the presence of certain preventable or inheritable preventable disorders in an infant pursuant to NRS 442.008 o

Vegas Law




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