1. Except as otherwise provided in this subsection, if an insurer requires a medical examination of an applicant or an insured before the issuance, renewal, reinstatement or reevaluation of the terms of any policy or certificate of insurance or annuity contract, the insurer shall:
(a) If the applicant or insured has a primary care physician, notify:
(1) The physician of any potentially serious medical condition that is detected as a result of that medical examination; and
(2) The applicant or insured:
(I) Of any potentially serious medical condition that is detected as a result of that medical examination; and
(II) That the primary care physician of the applicant or insured has also been notified of any potentially serious medical condition detected as a result of that medical examination.
(b) If the applicant or insured does not have a primary care physician, notify the applicant or insured of any potentially serious medical condition that is detected as a result of that medical examination.
Any notice required pursuant to this section must be sent by registered or certified mail not later than 30 days after the date on which the potentially serious medical condition is detected. If the applicant or insured is under the age of 18 years, any notice required pursuant to this section must not be sent to the applicant or insured, but instead must be sent to a parent or legal guardian of the applicant or insured.
2. The Commissioner may adopt regulations to carry out the provisions of this section.
3. The provisions of this section do not apply to a policy of workers’ compensation insurance or industrial insurance.
4. As used in this section, “potentially serious medical condition” includes, without limitation, any medical condition that:
(a) Is life-threatening or potentially life-threatening if it is not treated immediately or is not closely monitored; or
(b) Causes the insurer to refuse to issue, renew, reinstate or reevaluate the terms of a policy or certificate of insurance or annuity contract.
(Added to NRS by 2007, 249)
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