Nevada Senate Minority Leader Robin Titus and the National Taxpayers Union are reviving litigation in an attempt to block the implementation of the state’s public health insurance option in 2026.
The state enacted a law in 2021 to create what was at the time the United States’ second public health care option.
If implemented, the law will require insurers bidding on Nevada’s Medicaid managed care contracts to also offer lower-cost, premium-based health insurance on the individual market.
Nevada is launching a public health insurance option, branded as Battle Born State Plans, on its ACA exchange starting in 2026.
This public option, approved by the federal government, aims to make health insurance more affordable for individuals by requiring premium reductions of at least 3% in the first year and 15% by the fourth year. These plans will be available on Nevada Health Link, the state’s health insurance marketplace
This insurance would be sold both on and off the state’s health insurance exchange and would also be available to small employers.
They filed the lawsuit in Nevada’s First Judicial District Court for Carson, claiming the law violates three provisions of the state’s constitution:
- the requirement for a two-thirds supermajority in each legislative house for bills that create, generate, or increase public revenue;
- the clause requiring an appropriate law to authorize drawing money from the treasury;
- and the separation of powers principle, alleging improper delegation of lawmaking authority to the executive branch.
Titus and the National Taxpayers Union filed a similar lawsuit in February 2024. Nevada District Judge Kristin Luis dismissed that lawsuit because the plaintiffs failed to state a redressable injury and lacked standing.
The judge also determined the claims were not ready for court review because the law had not been fully implemented.
Joe Bishop-Henchman, in-house counsel for the National Taxpayers Union, said the arguments that led to the 2024 dismissal no longer apply.
We at the National Taxpayers Union helped Nevada voters pass the supermajority requirement. Regardless of where people might stand — I know people have different opinions on the health care industry — to us it is important that the supermajority requirement be protected
Joe Bishop-Henchman, in-house counsel for National Taxpayers Union
The Nevada public option is a state-sponsored health insurance program designed to offer more affordable plans through the existing Silver State Health Insurance Exchange.
The program is implemented through a federal waiver, allowing Nevada to offer these plans alongside existing private insurance options on the exchange.
The public option plans, known as Battle Born State Plans, are designed to be more affordable, with required premium reductions compared to the second-lowest cost silver plan from 2024.
The public option is scheduled to be available for the 2026 coverage year, with a federal waiver approval effective from 2026 to 2030.
