NVExternal review · Nevada

Nevada lets the physician file the review in their own name

Most states let a practice file on the patient's behalf. Nevada writes the physician into the statute itself: NRS 695G.251 opens with the covered person OR a physician of the covered person receiving the notice, and gives either of them four months to act on it.

Nevada's external review sits in the managed care provisions at Chapter 695G of the Nevada Revised Statutes. Except for expedited requests, all requests for external review must be made in writing to the Office for Consumer Health Assistance. Where a covered person does not receive a written decision from the health carrier within 30 days after filing an internal grievance, they may go straight to external review and are considered to have exhausted the internal process. The independent review organization has 5 days from receipt to review the file and say whether more information is needed, that information is due within 5 days, and the organization must approve, modify or reverse the adverse determination within 15 days of receiving what it needs. Review organizations must be approved by the Division of Insurance before assignment.

The venue is not the insurance department

Except for an expedited request, all requests for external review must be made in writing to the Office for Consumer Health Assistance. The Division of Insurance approves the independent review organizations that may be assigned, but the request itself is filed with the consumer-health office — which is the first thing to get right, because a request sent to the wrong body is not a request that has been filed.

Plan type still governs

State external review applies to fully insured plans. ERISA self-funded plans are not subject to state insurance law — their external review runs through the federal process regardless of the state. Confirm the plan type before choosing a path.

Thirty days of silence ends the internal appeal

Nevada does not leave a stalled grievance open-ended. If the covered person or their authorized representative does not receive a written decision from the health carrier within 30 days after filing a grievance under the internal grievance process, they may file a request for external review and are considered to have exhausted the carrier's internal grievance process. Silence converts into a right to escalate.

The grievance filing date is the one to keep

This provision turns on when the internal grievance went in, not when the denial arrived. Where a carrier has stopped responding, that filing date is what establishes the right to move on at day 30.

A short review, in three steps

Once a request reaches an independent review organization, the sequence is tight and each step has its own clock:

  • Within 5 days of receiving the request, the organization reviews it and the documents submitted, and notifies the covered person, the physician and the health carrier if further information is required.
  • Any additional information is to be provided within 5 days after receiving that notice.
  • The organization approves, modifies or reverses the adverse determination within 15 days after it receives the information required to make the determination.

Fifteen days is short — and it starts late

The 15-day decision clock runs from when the reviewer has everything it needs, not from filing. A file that arrives complete is decided quickly; one that triggers a request for more information adds two five-day legs before the clock even starts.

The carrier has to tell you this exists

The obligation is on the insurer, and it is specific. A health carrier must notify the covered person in writing of the right to request an external review under Chapter 695G, and must include the appropriate statements and information at the same time it sends written notice of an adverse determination on completion of its utilization review process. That notice is where the plan's own instructions and timing appear.

Four months, and the physician's own clock

NRS 695G.251(1) is unusually direct about who holds the right. Where a covered person OR a physician of a covered person receives notice of an adverse determination, the covered person, the physician of the covered person or an authorized representative may, within four months after receiving notice of that determination, submit a request to the Office for Consumer Health Assistance for an external review. The physician is named twice — as someone who receives the notice, and as someone who may file.

  • Filing window: 4 months after receiving notice of the adverse determination.
  • Who may file: the covered person, the physician of the covered person, or an authorized representative.
  • Where: the Office for Consumer Health Assistance, in writing (expedited requests excepted).
  • Within 5 days of receiving the request, that Office notifies the covered person, the physician, the carrier's utilization review agent if any, and the carrier that it has been filed.

The practice does not need to borrow the patient's standing

In most states a provider files as the patient's authorized representative. In Nevada the statute puts the physician alongside the covered person, so the denial notice the practice received is itself the document that starts the four months.

Who may be assigned

An independent review organization must be approved by the Division of Insurance before it can be assigned to conduct external reviews in Nevada. Approval by the regulator, and assignment through the consumer-health office, keeps the choice of reviewer away from both the carrier and the patient.

For Nevada practices

Log the date the internal grievance was filed, because at day 30 without a written decision it becomes the basis for escalating. Address the request to the Office for Consumer Health Assistance in writing. And assemble the file completely before sending: with a 15-day decision clock that only starts once the reviewer has what it needs, a complete submission is worth more here than in states where the reviewer has 45 days to catch up.

No registration, no utilization review

Nevada regulates the reviewer as an entity, not merely as a step in a process. Under NRS 683A.375 to 683A.379, no person may conduct utilization review in the state unless registered with the Commissioner as an agent who performs utilization review, and that agent must have a medical director who is a physician — or a dentist, where the agent reviews dental services — licensed in a state.

Nevada also fixes when the next step is disclosed. The carrier must give written notice of the right to external review at the same time it issues the adverse determination, so the escalation route is not something a practice has to discover after the fact.

Frequently asked

Where does a Nevada external review request go?
In writing to the Office for Consumer Health Assistance — not to the Division of Insurance. Expedited requests are the exception to the writing requirement.
What if the carrier never answers my internal grievance?
If no written decision arrives within 30 days after you filed the grievance, you may request external review and are considered to have exhausted the internal process.
How fast is the decision?
The review organization must approve, modify or reverse within 15 days after receiving the information it needs to decide.
What happens in the first days after filing?
Within 5 days of receiving the request the organization reviews the file and says whether more information is needed; that information is due within 5 days of the notice.
How long do I have to file in Nevada?
Four months after receiving notice of the adverse determination, under NRS 695G.251(1).
Can the physician file rather than the patient?
Yes. NRS 695G.251(1) names the covered person, the physician of the covered person, or an authorized representative — and treats the physician as someone who receives the adverse determination notice in the first place.
Who approves the reviewers?
The Division of Insurance must approve an independent review organization before it can be assigned to conduct external reviews.

Primary sources: NRS Chapter 695G — Managed care; NRS 695G.245 — Written notice of right to request external review; NRS 695G.261 — Review of documents; decision of the review organization; Nevada Division of Insurance — Independent review organizations; 45 CFR 147.136 (internal claims, appeals & external review); HealthCare.gov — external review process. General information, not legal or medical advice — confirm against the governing rule for the plan type.

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