Section 439B.875 - Regulations; administrative penalties; contracts and agreements; gifts, grants and donations; accounting and use of administrative penalties by DepartmentIf the all-payer claims database is established pursuant to NRS 439B.835:
1. The Department shall adopt regulations that prescribe:(a) The data that must be submitted to the all-payer claims database pursuant to NRS 439B.840, the format for submitting such data and the date by which such data must be submitted. Those regulations must align with applicable nationally and regionally recognized standards for all-payer claims databases, where applicable and to the extent that those standards do not conflict with each other or the provisions of NRS 439B.800 to 439B.875, inclusive.(b) The privacy and security of data maintained in the all-payer claims database and the procedure for releasing data from the all-payer claims database pursuant to subsection 3 of NRS 439B.855, which must ensure compliance with subsection 2 of NRS 439B.845.(c) The use of data released from the all-payer claims database, including, without limitation, requirements concerning the reporting and publication of information from the database.(d) Administrative penalties to be assessed against any person or entity who violates any provision of NRS 439B.800 to 439B.875, inclusive, or the regulations adopted pursuant thereto. Any penalties for the failure to comply with the requirements of NRS 439B.840 or the regulations adopted pursuant to this section concerning the submission of data to the all-payer claims database must not exceed $5,000 for each day of such failure.2. The Department may adopt: (a) Regulations that require entities that provide health coverage in this State, in addition to the entities required by NRS 439B.840 but not including entities exempt from reporting pursuant to subsection 1 of that section, to upload data to the all-payer claims database; and(b) Any other regulations necessary to carry out the provisions of NRS 439B.800 to 439B.875, inclusive.3. The Department may:(a) Enter into any contract or agreement necessary to carry out the provisions of NRS 439B.800 to 439B.875, inclusive; and(b) Accept any gifts, grants and donations for the purpose of carrying out the provisions of NRS 439B.800 to 439B.875, inclusive.4. Any contract or agreement entered into pursuant to paragraph (a) of subsection 3 must: (a) Prohibit the contractor from collecting data containing direct patient identifiers or using data for any purpose not specified by the contract; and(b) Require the contractor to: (1) Obtain certification by the HITRUST Alliance or its successor organization and maintain such certification for the term of the contract;(2) Comply with the requirements of subsection 2 of NRS 439B.845 to the same extent as the Department; and(3) Comply with any applicable standards prescribed by the National Institute of Standards and Technology of the United States Department of Commerce.5. Any money collected as administrative penalties under the regulations adopted pursuant to this section must be accounted for separately and used by the Department to: (a) Carry out the provisions of NRS 439B.600 to 439B.695, inclusive, and 439B.800 to 439B.875, inclusive; and(b) Establish and carry out programs to educate patients concerning ways to reduce the cost of health care and prescription drugs.Added to NRS by 2021, 3055Added by 2021, Ch. 480,§17, eff. 1/1/2022.