695H.170 - Administrative penalty for commission of certain acts.
695H.170 Administrative penalty for commission of certain acts. A person is subject to the imposition of an administrative penalty pursuant to this chapter if, in the course of the business of the person, the person:
1. Solicits, markets, advertises, promotes or sells to a person in this State a medical discount plan or a membership in connection with a medical discount plan unless the medical discount plan is registered pursuant to this chapter.
2. Fails to provide any disclosure required pursuant to NRS 695H.110.
3. Fails to make available to an applicant for membership or to a member, through a toll-free telephone number, upon the request of the applicant or member, a complete and accurate list of all participating providers of health care who have contracted with the medical discount plan and who are located in the applicant’s or member’s local area, or within a radius of 50 miles, and a list of the health care or medical services for which the discounts are applicable. The list must be made available, upon the request of the applicant, at the time the applicant purchases a membership and must be updated not less than once every 6 months.
4. Violates subsection 1 or 2 of NRS 695H.100 or otherwise uses advertising or marketing material, brochures or discount cards that are misleading, deceptive or fraudulent.
5. Offers discounted products or services to the applicant or member that are not authorized by a contract with each provider of health care listed in conjunction with the medical discount plan.
6. Fails to allow the applicant or member to cancel the membership in the medical discount plan.
7. If appropriate, fails to refund any required portion of membership fees paid to the medical discount plan by the applicant or member within 30 days after the applicant or member provides timely notification of the cancellation of the membership to the person administering the medical discount plan.
(Added to NRS by 2005, 2103)
NRS 695H.180 Penalties. A person who violates any provision of this chapter or an order or regulation of the Commissioner issued or adopted pursuant thereto may be assessed an administrative penalty by the Commissioner of not more than $2,000 for each act or violation, not to exceed an aggregate amount of $10,000 for violations of a similar nature. For the purposes of this section, violations shall be deemed to be of a similar nature if the violations consist of the same or similar conduct, regardless of the number of times the conduct occurred.
(Added to NRS by 2005, 2104)