695D.219 - Organization for dental care prohibited from denying coverage solely because member was intoxicated or under the influence of controlled substance; exceptions.

695D.219  Organization for dental care prohibited from denying coverage solely because member was intoxicated or under the influence of controlled substance; exceptions.

      1.  Except as otherwise provided in subsection 2, an organization for dental care shall not:

      (a) Deny a claim under a plan for dental care solely because the claim involves an injury sustained by a member as a consequence of being intoxicated or under the influence of a controlled substance.

      (b) Cancel participation under a plan for dental care solely because a member has made a claim involving an injury sustained by the member as a consequence of being intoxicated or under the influence of a controlled substance.

      (c) Refuse participation under a plan for dental care 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 this section do not prohibit an organization for dental care from enforcing a provision included in a plan for dental care 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 participation under a plan for dental care solely because of such a claim; or

      (c) Refuse participation under a plan for dental care to an eligible applicant solely because of such a claim.

      (Added to NRS by 2005, 2346)