1. 1. An insurer or other organization providing health coverage pursuant to chapter 689A, 689B, 689C, 695A, 695B, 695C, 695F or 695G of NRS, including, without limitation, a health maintenance organization or managed care organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid, shall adhere to the applicable provisions of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Public Law 110-343, Division C, Title V, Subtitle B, and any federal regulations issued pursuant thereto.
2. 2. On or before July 1 of each year, the Commissioner shall prescribe and provide to each insurer or other organization providing health coverage subject to the provisions of subsection 1 a data request that solicits information necessary to evaluate the compliance of an insurer or other organization with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Public Law 110-343, Division C, Title V, Subtitle B, including, without limitation, the comparative analyses specified in 42 U.S.C. § 300gg-26(a).

3. 3. On or before October 1 of each year, each insurer or other organization providing health coverage subject to the provisions of subsection 1 shall:

   1. (a) Complete and submit to the Commissioner, in accordance with the System for Electronic Rate and Form Filing developed and implemented by the National Association of Insurance Commissioners, the data request prescribed pursuant to subsection 2; or
   2. (b) Submit to the Commissioner, in accordance with the System for Electronic Rate and Form Filing developed and implemented by the National Association of Insurance Commissioners, a copy of a report submitted by the insurer or other organization to the Federal Government demonstrating compliance with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Public Law 110-343, Division C, Title V, Subtitle B, including, without limitation, the comparative analyses specified in 42 U.S.C. § 300gg-26(a). The Commissioner may request from an insurer or other organization who submits a copy of such a report any supplemental information necessary to determine whether the insurer or other organization is in compliance with that federal law.

4. 4. Any information provided by an insurer or other organization to the Commissioner pursuant to subsection 3 is a public record except that the following information is confidential:

   1. (a) Personally identifiable information of a consumer.

   2. (b) Any information determined by the Commissioner to constitute a trade secret. In determining whether information provided pursuant to subsection 3, including, without limitation, information concerning mental health parity in the adequacy of the networks of insurers and other organizations, reimbursement rates for providers of health care, in-network and out-of-network utilization rates and the number and percentage of denials of claims, constitutes a trade secret pursuant to this paragraph:

      1. (1) The Commissioner shall not make a determination that the information constitutes a trade secret solely because the information reflects whether an insurer is in compliance with the provisions of this section; and
      2. (2) Any doubt or uncertainty regarding whether the information constitutes a trade secret must be resolved in favor of a determination that the information does not constitute a trade secret.

5. 5. On or before December 31 of each year, the Commissioner shall compile a report summarizing the information submitted to the Commissioner pursuant to this section and submit the report to:

   1. (a) The Patient Protection Commission created by NRS 439.908;
   2. (b) The Governor; and

   3. (c) The Director of the Legislative Counsel Bureau for transmittal to:

      1. (1) In even-numbered years, the next regular session of the Legislature; and
      2. (2) In odd-numbered years, the Joint Interim Standing Committee on Health and Human Services.
6. 6. The Commissioner may adopt any regulations necessary to carry out the provisions of this section.
7. 7. As used in this section, “trade secret” has the meaning ascribed to it in NRS 600A.030.

(Added to NRS by 2009, 1785; A 2021, 870; 2025, 1453)