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ary 1, 2006, has the legal effect of including the coverage required by this section, and any provision of the plan that conflicts with this section is void. 8. A managed care organization that delivers or issues for delivery a health care plan specified in subsection 1 is immune from liability for: (a) Any injury to an insured caused by: (1) Any medical treatment provided to the insured in connection with his participation in a clinical trial or study described in this section; or (2) An act or omission by a provider of health care who provides medical treatment or supervises the provision of medical treatment to the insured in connection with his participation in a clinical trial or study described in this section. (b) Any adverse or unanticipated outcome arising out of an insured’s participation in a clinical trial or study described in this section. 9. As used in this section: (a) “Cooperative group” means a network of facilities that collaborate on research projects and has established a peer review program approved by the National Institutes of Health. The term includes: (1) The Clinical Trials Cooperative Group Program; and (2) The Community Clinical Oncology Program. (b) “Facility authorized to conduct Phase I clinical trials or studies for the treatment of cancer” means a facility or an affiliate of a facility that: (1) Has in place a Phase I program which permits only selective participation in the program and which uses clear-cut criteria to determine eligibility for participation in the program; (2) Operates a protocol review and monitoring system which conforms to the standards set forth in the Policies and Guidelines Relating to the Cancer-Center Support Grant published by the Cancer Centers Branch of the National Cancer Institute; (3) Employs at least two researchers and at least one of those researchers receives funding from a federal grant; (4) Employs at least three clinical investigators who have experience working in Phase I clinical trials or studies conducted at a facility designated as a comprehensive cancer center by the National Cancer Institute; (5) Possesses specialized resources for use in Phase I clinical trials or studies, including, without limitation, equipment that facilitates research and analysis in proteomics, genomics and pharmacokinetics; (6) Is capable of gathering, maintaining and reporting electronic data; and (7) Is capable of responding to audits instituted by federal and state agencies. (c) “Provider of health care” means: (1) A hospital; or (2) A person licensed pursuant to chapter 630, 631 or 633 of NRS. (Added to NRS by 2003, 3533; A 2005, 2022) NRS 695G.175 Certain actions of managed care organization prohibited. 1. If a managed care organization contracts for the provision of emergency medical services, outpatient services or inpatient services with a hospital or other licensed health care facility that provides acute care and is located in a city whose population is less than 60,000 or a county whose population is less than 100,000, the managed care organization shall not: (a) Prohibit an insured from receiving services covered by the health care plan of the insured at that hospital or licensed health care facility if the services are provided by a provider of health care with whom the managed care organization has contracted for the provision of the services; (b) Refuse to provide coverage for services covered by the health care plan of an insured that are provided to the insured at that hospital or licensed health care facility if the services were provided by a provider of health care with whom the managed care organization has contracted for the provision of the services; (c) Refuse to pay a provider of health care with whom the managed care organization has contracted for the provision of services for providing services to an insured at that hospital or licensed health care facility if the services are covered by the health care plan of the insured; (d) Discourage a provider of health care with whom the managed care organization has contracted for the provision of services from providing services to an insured at that hospital or licensed health care facility that are covered by the health care plan of the insured; or (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care: (1) To provide services to an insured that are covered by the health care plan of the insured at another hospital or licensed health care facility; or (2) Not to provide services to an insured at that hospital or licensed health care facility that are covered by the health care plan of the insured. 2. Nothing in this section prohibits a managed care organization from informing an insured that enhanced health care services are available at a hospital or licensed health care facility other than the hospital or licensed health care facility described in subsection 1 with which the managed care organization contracts for the provision of emergency medical services, outpatient services or inpatient services. (Added to NRS by 1999, 1945; A 2001, 1998) QUALITY ASSURANCE PROGRAM NRS 695G.180 Quality assurance program: Requirements; written description; informing providers; necessary staff; review; responsibility for activities. 1. Each managed care organization shall establish a quality assurance program designed to direct, evaluate and monitor the effectiveness of health care services provided to its insureds. The program must include, without limitation: (a) A method for analyzing the outcomes of health care services; (b) Peer review; (c) A system to collect and maintain information related to the health care services provided to insureds; (d) Recommendations for remedial action; and (e) Written guidelines that set forth the procedures for remedial action when problems related to quality of care are identified. 2. Each managed care organization shall: (a) Maintain a written description of the quality assurance program established pursuant to subsection 1, including, without limitation, the specific actions used by the managed care organization to promote adequate quality of health care services provided to insureds and the persons responsible for such actions; (b) Provide information to each provider of health care whom it employs or with whom it contracts to provide health care services to insureds regarding the manner in which the quality assurance program functions; (c) Provide the necessary staff to implement the quality assurance program and to evaluate the effectiveness of the program; and (d) At least one time each year, review the continuity and effectiveness of the quality assurance program, review any findings of the quality improvement committee established pursuant to NRS 695G.190 and take any reasonable actions to improve the program. 3. Each managed care organization is responsible for an activity conducted pursuant to its quality assurance program, regardless of whether the managed care organization or another entity performs the activity. (Added to NRS by 1997, 303) NRS 695G.190 Quality improvement committee: Administration; duties. 1. As part of a quality assurance program established pursuant to NRS 695G.180, each managed care organization shall create a quality improvement committee directed by a physician who is licensed to practice medicine in the State of Nevada pursuant to chapter 630 or 633 of NRS. 2. Each managed care organization shall: (a) Establish written guidelines setting forth the procedure for selecting the members of the committee; (b) Select members pursuant t

Vegas Law




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