695B.3165  Corporation prohibited from denying coverage solely because insured was intoxicated or under the influence of controlled substance; exceptions.

1.  Except as otherwise provided in subsection 2, a medical services corporation that issues contracts for hospital, medical or dental services shall not:

(a) Deny a claim under such a contract solely because the claim involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance.

(b) Cancel such a contract solely because an insured has made a claim involving an injury sustained by the insured as a consequence of being intoxicated or under the influence of a controlled substance.

(c) Refuse to issue such a contract to an eligible applicant solely because the applicant has made a claim involving an injury sustained by the applicant as a consequence of being intoxicated or under the influence of a controlled substance.

2.  The provisions of subsection 1 do not prohibit a medical services corporation from enforcing a provision included in a contract for hospital, medical or dental services to:

(a) Deny a claim which involves an injury to which a contributing cause was the insured’s commission of or attempt to commit a felony;

(b) Cancel such a contract solely because of such a claim; or

(c) Refuse to issue such a contract to an eligible applicant solely because of such a claim.

3.  The provisions of this section do not apply to a medical services corporation under a contract for hospital, medical or dental services that provides coverage for long-term or disability income.

(Added to NRS by 2005, 2345; A 2007, 86)