Nevada § 598A.440 - Provider of health care prohibited from entering into certain contracts; violation constitutes contract in restraint of trade; authorized provisions of contract; subcontracting or delegating performance of obligations under contract; penalty

§ 598A.440. Provider of health care prohibited from entering into certain contracts; violation constitutes contract in restraint of trade; authorized provisions of contract; subcontracting or delegating performance of obligations under contract; penalty

1. A violation of this subsection constitutes a contract in restraint of trade. A provider of health care shall not willfully enter into, willfully offer to enter

into or willfully solicit a contract with a third party that directly or indirectly: (a) Restricts the third party from offering incentives to a covered person to use

specific providers of health care or otherwise steering a covered person to a specific

provider of health care; (b) Restricts the third party from assigning providers of health care into tiers for

the purpose of encouraging the use of certain providers of health care; (c) Requires the third party to place all providers of health care affiliated with

a business entity in the same tier; (d) Requires the third party to contract with a business entity affiliated with a

provider of health care as a condition of entering into a contract with the provider

of health care; or (e) Prohibits the third party from contracting with a provider of health care that

is not a party to the contract or penalizes the third party for entering into such

a contract. 2. A contract between a provider of health care and a third party may include any

provisions not expressly prohibited by subsection 1 or otherwise prohibited by law. 3. The provisions of this section do not authorize a third party to subcontract for

the performance of obligations under a contract with a provider of health care or

delegate such obligations in a manner that is inconsistent with the terms of the contract. 4. Any provision of a contract that is described in paragraphs (a) to (e), inclusive,

of subsection 1 is void and severable from the contract. 5. Any person who conspires to, or does, violate any of the provisions of this section

is guilty of a misdemeanor. 6. As used in this section: (a) “ Affiliated ” means any entity or person who directly, or indirectly through one or more intermediaries,

controls or is controlled by or is under common control with a specified entity or

person. (b) “ Covered person ” means a policyholder, subscriber, enrollee or other person covered by a third party. (c) “ Provider of health care ” means: (1) A physician or other health care practitioner who is licensed or otherwise authorized

in this State to furnish any health care service; or (2) An institution providing health care services or other setting in which health

care services are provided, including, without limitation, a hospital, surgical center

for ambulatory patients, facility for skilled nursing, residential facility for groups,

laboratory and any other such licensed facility. (d) “ Third party ” means any insurer, governmental entity or other organization providing health coverage

or benefits in accordance with state or federal law.