Under NRS 439B.260, hospitals in Nevada must generally reduce charges by 30% to inpatients who have no health insurance “or other contractual agreement with a third party that provides health coverage for the charge.” In Bielar v. Washoe Health Sys., 306 P.3d 360, 367, 22, 129 Nev. Adv. Rep. 49 (2013), the Nevada Supreme Court found that the statute did not disqualify a plaintiff from receiving the 30-percent statutory discount when, subsequent to the hospital stay, the plaintiff agreed to a settlement with the party causing the injuries necessitating the medical services, and the plaintiff thus received insurance proceeds as compensation for the injuries she suffered.
Until recently, Nevada state courts have had only one appellate court: the “Nevada Supreme Court.” However, on November 4, 2014, Nevada voters approved an intermediate court of appeals by a majority vote. The effective date of the “Court of Appeals” was January 5, 2015. The Court of Appeals will have statewide jurisdiction, with the purpose of reducing the Nevada Supreme Court caseload and providing faster resolution of appeals.
A party will still file an appeal with the Nevada Supreme Court in the same manner as provided for by the Nevada Rules of Appellate Procedure. Certain cases will remain in the Supreme Court throughout the appeal and other cases will be presumptively assigned to the Court of Appeals. See NRAP 17: The Amendments to the Nevada Rules of Appellate Procedure can be found here under the titled, “14-41315.”
The Court of Appeals will hear and decide those matters assigned to it by the Supreme Court; it can elect to hear oral arguments or issue published opinions in the Nevada Reporter. Upon issuance of a decision by the Court of Appeals, a party may still file a Petition for Review by the Nevada Supreme Court.
Nevada Assembly Bill 7 proposes a change to personal injury litigation which can drastically limit a motor vehicle accident claimant’s recovery. The new legislation proposes that, if an individual is not in compliance with vehicle insurance coverage requirements under NRS Chapter 485 at the time of the accident (i.e., have liability insurance as required by law), the claimant’s/plaintiff’s damages will be limited to medical costs, property damage, and lost income; damages for pain and suffering will be excluded. Pain and suffering damages can be a large portion of damages and litigation. If this bill turns into law, it can significantly alter the value of certain motor vehicle personal injury cases.
On May 16, 2015, no further action was allowed on Nevada Assembly Bill 7.