A.B. 469
- *AB469*
ASSEMBLY BILL NO. 469–ASSEMBLYMEMBER GALLANT
MARCH 17, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to labor. (BDR 53-921)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to labor; revising provisions relating to certain
administrators employed by an association of self-insured
employers; revising provisions relating to subsequent
injury accounts; revising provisions relating to physicians
or chiropractic physicians who treat industrial injuries and
occupational diseases; revising provisions relating to
independent medical examinations; revising provisions
relating to compensation under industrial insurance;
revising procedures for the reimbursement of certain
insurers; establishing, revising and eliminating various
other provisions relating to industrial insurance;
eliminating provisions relating to the expiration and
renewal of certain completion cards for certain training
required for certain workers; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law establishes the Nevada Industrial Insurance Act and the Nevada 1
Occupational Diseases Act, which: (1) provide for the payment of compensation to 2
employees who are injured or disabled as the result of an occupational injury or 3
occupational disease; and (2) govern industrial insurers in this State that provide 4
benefits to those employees. (Chapters 616A-616D and 617 of NRS) Existing law 5
authorizes certain groups of public or private employers to act as an association of 6
self-insured employers if the group and each employer within the group meet 7
certain requirements. (NRS 616B.350-616B.446) Existing law requires a board of 8
trustees to operate any such association and to employ: (1) an association’s 9
administrator to carry out the policies of the board and perform such duties as the 10
board delegates; and (2) a third-party administrator to administer the plan of 11
insurance of the association. Existing law prohibits an association’s administrator 12
from performing any of the duties assigned to the third-party administrator. 13
– 2 –
- *AB469*
(NRS 616B.365) Section 2 of this bill specifies that the association’s administrator 14
is prohibited from directly administering claims. Existing law also prohibits the 15
association’s administrator and the third-party administrator from having a direct or 16
indirect financial interest in each other. (NRS 616B.371) Section 3 of this bill 17
removes the prohibition on the association’s administrator and the third-party 18
administrator from having a financial interest in each other. Section 1 of this bill 19
revises the definition of the term “association’s administrator” to specify that the 20
responsibilities of the association’s administrator to carry out the daily operations 21
of the association are at the direction of the board of trustees of the association. 22
Existing law establishes the Fund for Workers’ Compensation and Safety 23
within the State Treasury. (NRS 616A.425) Existing law creates within the Fund a 24
Subsequent Injury Account for each of the following insurers: (1) self-insured 25
employers; (2) associations of self-insured public or private employers; and (3) 26
private carriers. (NRS 616B.554, 616B.575, 616B.584) Existing law requires that 27
money in the Accounts be used to provide compensation or reimbursement in 28
situations where an employee who has a preexisting permanent physical 29
impairment incurs a subsequent disability by an injury arising out of and in the 30
course of employment which entitles the employee to compensation for the 31
combined disability that is substantially greater than that which would have resulted 32
from the subsequent injury alone. (NRS 616B.557, 616B.560, 616B.578) Existing 33
law requires either a board for administration or the Administrator of the Division 34
of Industrial Relations of the Department of Business and Industry to administer 35
each Account. (NRS 616B.548, 616B.554, 616B.569, 616B.575, 616B.584) 36
Existing law and regulations require self-insured employers, associations of self-37
insured public or private employers and private carriers to pay an annual 38
assessment to fund the Accounts. (NRS 616B.554, 616B.575, 616B.584; chapter 39
616B of NAC) 40
Sections 4, 7 and 10 of this bill remove the authority to adopt regulations 41
which impose such assessments from each board for administration and the 42
Administrator of the Division, and section 32 of this bill voids the provisions of 43
existing regulations relating to such assessments, thus eliminating the requirement 44
for assessments to be paid for each Account. Sections 5, 6, 8, 9, 11 and 12 of this 45
bill require, for compensation or reimbursement provisions to apply, an employee 46
to have incurred a subsequent disability by injury on or before September 30, 2025, 47
thus prohibiting any claims against the Accounts due to a subsequent disability by 48
injury which is incurred on or after October 1, 2025. 49
For purposes of calculating the amount of a premium which is due pursuant to 50
the terms of a policy of industrial insurance, existing law provides that the 51
maximum amount paid to any one employee for services performed during the 12-52
month period during which a policy is effective shall be deemed to be $36,000. 53
(NRS 616B.222) Existing law also deems $36,000 to be the maximum amount paid 54
in a policy year to an officer or manager of a quasi-public or private corporation or 55
limited-liability company who receives pay for services performed as an officer, 56
manager or employee of the corporation or company. (NRS 616B.624) Sections 13 57
and 34 of this bill eliminate the $36,000 maximum amount of pay for employees 58
for purposes of calculating the amount of a premium which is due pursuant to the 59
terms of a policy of industrial insurance. 60
Existing law requires an insurer to maintain a list of physicians and chiropractic 61
physicians, selected from a panel established and maintained by the Administrator, 62
from which an injured employee may choose to receive treatment. (NRS 616C.087, 63
616C.090) Sections 14 and 15 of this bill revise: (1) the number of physicians or 64
chiropractic physicians for certain specified disciplines and specializations which 65
an insurer is required to include in its list; (2) provisions governing changes to the 66
panel maintained by the Administrator and a list maintained by an insurer; and (3) 67
– 3 –
- *AB469*
requirements governing the choice of a physician or chiropractic physician by an 68
injured employee. 69
Existing law: (1) authorizes an injured employee, subject to various 70
requirements and restrictions, to obtain an independent medical examination 71
concerning an injury that is the subject of a claim filed for compensation under 72
industrial insurance; (2) provides that such an injured employee is entitled to 73
request such an independent medical examination for a permanent partial disability 74
under certain circumstances; (3) requires an insurer to pay the costs of any 75
independent medical examination; and (4) provides that the insurer must receive a 76
copy of any report or other document generated as a result of the examination. 77
(NRS 616C.145) Section 16 of this bill: (1) eliminates the right of an injured 78
employee to request an independent medical examination for a permanent partial 79
disability under certain circumstances; and (2) eliminates the duty of an insurer to 80
pay the costs of an independent medical examination and the provision that the 81
insurer must receive a copy of any report or other document that is generated as a 82
result of an independent medical examination. 83
Existing law provides that if an injured employee is discharged as a result of 84
misconduct, an insurer may deny compensation for temporary total disability only 85
by proving that: (1) the injured employee was discharged solely for misconduct and 86
not for any reason relating to the employee’s claim for compensation; and (2) the 87
sole cause for the injured employee’s inability to return to work with the preinjury 88
employer is the discharge for misconduct and not the injury. Existing law also: (1) 89
provides that an insurer waives its rights to deny compensation pursuant to such 90
provisions if the insurer does not make a determination to deny or suspend 91
compensation within 70 days after the insurer learns of the discharge; and (2) 92
prohibits an insurer from denying compensation pursuant to such provisions except 93
for compensation for temporary total disability. (NRS 616C.232) Section 17 of this 94
bill: (1) authorizes an insurer to deny vocational rehabilitation services as well as 95
compensation for temporary total disability to an injured employee who is 96
discharged for misconduct; (2) eliminates provisions requiring a waiver of the 97
rights to deny compensation if the insurer does not make a determination to deny or 98
suspend compensation within 70 days after learning of the discharge; (3) authorizes 99
an insurer to deny compensation for temporary total disability and vocational 100
rehabilitation services to an injured employee who voluntarily resigns from 101
employment with the preinjury employer for any reason unrelated to his or her 102
claim for compensation; and (4) provides that if an injured employee is certified as 103
temporarily totally disabled, the employee’s voluntary resignation or discharge for 104
misconduct does not limit the injured employee’s entitlement to receive benefits for 105
temporary total disability. Section 17 also provides a definition of the term 106
“misconduct” for the purposes of these provisions. 107
Existing law authorizes an insurer or employer who pays an annual increase in 108
compensation for a permanent total disability or certain death benefits to obtain 109
reimbursement from the Administrator and sets forth procedures for obtaining such 110
reimbursement. (NRS 616C.266, 616C.268) Sections 18 and 19 of this bill revise 111
the procedures to require: (1) the Administrator to authorize the State Treasurer to 112
reimburse the insurer and provide the insurer with proof of the authorization; and 113
(2) the State Treasurer to process and issue the payment for reimbursement not later 114
than 10 days after receiving an authorization from the Administrator. 115
Section 20 of this bill revises provisions governing a stay of a decision of an 116
appeals officer. 117
Section 21 of this bill revises provisions governing the duration of payments 118
for a temporary total disability and an employer’s offer of temporary, light-duty 119
employment to an injured employee. 120
Existing law provides that when a claimant elects to receive and accepts 121
payment for a permanent partial disability in a lump sum, the claimant’s benefits 122
– 4 –
- *AB469*
terminate and the claimant waives certain rights regarding his or her claim, except 123
the right to: (1) reopen his or her claim; (2) have the claim considered by his or her 124
insurer; (3) certain counseling, training and rehabilitative services; (4) receive a 125
benefit penalty; and (5) conclude or resolve any contested matter, with certain 126
exceptions, which is pending at the time of the election of payment for a permanent 127
partial disability in a lump sum. (NRS 616C.495) Section 23 of this bill eliminates 128
the right of a claimant who elects to receive and accepts payment for a permanent 129
partial disability in a lump sum to conclude or resolve any contested matter which 130
is pending at the time of the election of payment in a lump sum. 131
Existing law requires, in the event of a dispute over an award of compensation 132
for permanent partial disability, an insurer to commence making installment 133
payments to the injured employee for the portion of the award that is not in dispute 134
without requiring the injured employee to make an election whether to receive his 135
or her compensation in installment payments or in a lump sum. (NRS 616C.490) 136
Section 22 of this bill requires a claimant, upon the conclusion of such a dispute, to 137
make an election whether to receive his or her award of compensation in 138
installment payments or in a lump sum. 139
Section 24 of this bill revises certain duties of an insurer as they relate to a plan 140
for a program of vocational rehabilitation for an injured employee. 141
(NRS 616C.570) 142
Existing law: (1) authorizes the Administrator to impose upon an insurer, 143
organization for managed care, health care provider, third-party administrator, 144
employer or professional employer organization a benefit penalty for certain 145
violations of law or regulation; and (2) requires proof of the payment of such a 146
benefit penalty to be submitted to the Administrator within 15 days after the date of 147
the Administrator’s determination of the benefit penalty unless an appeal of the 148
benefit penalty is filed and a stay has been granted. (NRS 616D.120, 616D.140) 149
Section 25 of this bill: (1) revises the amounts and schedule of administrative fines 150
which the Administrator may impose as a benefit penalty; and (2) provides that 151
proof of the payment of such a benefit penalty must be submitted to the 152
Administrator within 15 days after the date of the Administrator’s determination of 153
the benefit penalty unless an appeal of the benefit penalty is filed and the appeals 154
process is not yet complete. Section 27 of this bill requires that payment of such a 155
benefit penalty be paid not later than 30 days after an appeals officer or district 156
court renders a decision upholding the imposition of the benefit penalty. 157
Existing law requires each: (1) entertainment industry worker and supervisory 158
employee to obtain a completion card for taking a course in construction industry or 159
general industry safety and health hazard recognition and prevention; and (2) 160
convention services worker and supervisory employee to obtain a completion card 161
for taking such a course. The required courses must be: (1) developed by the 162
Occupational Safety and Health Administration of the United States Department of 163
Labor; and (2) approved by the Division of Industrial Relations of the Department 164
of Business and Industry. Existing law provides that such completion cards expire 5 165
years after their issuance and provide that the completion cards may be renewed by 166
the completion of certain continuing education. (NRS 618.9911, 618.9929) Existing 167
law requires the Division to adopt regulations that set forth guidelines for job-168
specific training to qualify as continuing education for the purposes of renewing 169
completion cards for the entertainment industry and convention services work. 170
(NRS 618.9909, 618.9927) Sections 28-31 of this bill eliminate provisions: (1) 171
providing for the expiration of completion cards; (2) requiring the completion of 172
continuing education for the renewal of such completion cards; and (3) requiring 173
the Division to adopt regulations setting forth guidelines for job-specific training to 174
qualify as continuing education for the purposes of renewing such completion 175
cards. 176
– 5 –
- *AB469*
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616A.060 is hereby amended to read as 1
follows: 2
616A.060 “Association’s administrator” means a person who is 3
[employed] : 4
1. Employed by or has contracted with the board of trustees of 5
an association of self-insured public or private employers to carry 6
out the policies of the board of trustees ; and [to be] 7
2. At the direction of the board of trustees, responsible [for] to 8
carry out the daily [operation] operations of the association [.] , 9
including, without limitation, to meet the obligations of the 10
association pursuant to NRS 616B.362. 11
Sec. 2. NRS 616B.365 is hereby amended to read as follows: 12
616B.365 1. An association of self-insured public or private 13
employers must be operated by a board of trustees consisting of at 14
least five members whom the members of the association elect for 15
terms set forth in the bylaws of the association. If the association is 16
an association of self-insured: 17
(a) Public employers, the members of the board of trustees must 18
be officers or employees of the public employers who are members 19
of the association. 20
(b) Private employers, at least two-thirds of the members of the 21
board of trustees must be employees, officers or directors of the 22
members of the association. No association’s administrator or third-23
party administrator employed by the association, or any owner, 24
officer, employee or other person affiliated with the association’s 25
administrator or third-party administrator, may serve as a member of 26
the board of trustees. Each member of the board of trustees must be 27
a resident of this State or an officer of a corporation authorized to do 28
business in this State. 29
2. The board of trustees of an association shall: 30
(a) Ensure the prompt payment of any compensation due 31
pursuant to chapters 616A to 616D, inclusive, or chapter 617 of 32
NRS. 33
(b) Take such actions as are necessary to protect the assets of the 34
association. 35
(c) Employ full-time an association’s administrator to carry out 36
the policies of the board of trustees and perform such duties as the 37
board delegates to him or her. An association’s administrator shall 38
not directly administer claims or perform any of the other duties 39
assigned to a third-party administrator. 40
(d) Employ a third-party administrator to carry out the duties set 41
forth in NRS 616B.503. 42
– 6 –
- *AB469*
(e) Employ an independent certified public accountant to 1
prepare the statement of financial condition required by 2
NRS 616B.404. 3
(f) Maintain minutes of its meetings and make the minutes 4
available for inspection by the Commissioner. 5
3. The board of trustees of an association shall not: 6
(a) Extend credit to any member of the association for the 7
payment of that member’s annual assessment, except pursuant to a 8
payment plan approved by the Commissioner. 9
(b) Borrow any money from the association or in the name of 10
the association, except in the ordinary course of its business, without 11
the prior approval of the Commissioner. 12
Sec. 3. NRS 616B.371 is hereby amended to read as follows: 13
616B.371 1. An association’s administrator [employed by an 14
association of self-insured public or private employers, or an 15
employee, officer or director of an association’s administrator,] may 16
[not be an employee, officer or director of a third-party 17
administrator employed by the association or] have a [direct or 18
indirect] financial interest in the third-party administrator [of the] 19
employed by the board of trustees of an association [.] of self-20
insured public or private employers. 21
2. [The third-party administrator of an association of self-22
insured public or private employers, or an employee, officer or 23
director of the third-party administrator, may not be an employee, 24
officer or director of an association’s administrator employed by the 25
association or have a direct or indirect financial interest in that 26
association’s administrator. 27
3.] Any contract entered into by an association of self-insured 28
public or private employers and a third-party administrator must 29
include a provision which states that, unless the Commissioner 30
otherwise provides, the third-party administrator shall administer 31
any claim or other obligation of the association to its conclusion 32
during the period of the contract. 33
Sec. 4. NRS 616B.554 is hereby amended to read as follows: 34
616B.554 1. There is hereby created in the Fund for 35
Workers’ Compensation and Safety in the State Treasury the 36
Subsequent Injury Account for Self-Insured Employers, which may 37
be used only to make payments in accordance with the provisions of 38
NRS 616B.557 and 616B.560. The Board shall administer the 39
Account based upon recommendations made by the Administrator 40
pursuant to subsection [8.] 7. 41
2. All [assessments,] penalties, bonds, securities and all other 42
properties received, collected or acquired by the Board for the 43
Subsequent Injury Account for Self-Insured Employers must be 44
delivered to the custody of the State Treasurer. 45
– 7 –
- *AB469*
3. All money and securities in the Account must be held by the 1
State Treasurer as custodian thereof to be used solely for workers’ 2
compensation for employees of self-insured employers. 3
4. The State Treasurer may disburse money from the Account 4
only upon written order of the Board. 5
5. The State Treasurer shall invest money of the Account in the 6
same manner and in the same securities in which the State Treasurer 7
is authorized to invest State General Funds which are in the custody 8
of the State Treasurer. Income realized from the investment of the 9
assets of the Account must be credited to the Fund. 10
6. The Board shall adopt regulations for the establishment and 11
administration of [assessment rates,] payments and penalties. 12
[Assessment rates must result in an equitable distribution of costs 13
among the self-insured employers and must be based upon expected 14
annual expenditures for claims for payments from the Subsequent 15
Injury Account for Self-Insured Employers.] 16
7. [The Commissioner shall assign an actuary to review the 17
establishment of assessment rates. The rates must be filed with the 18
Commissioner 30 days before their effective date. Any self-insured 19
employer who wishes to appeal the rate so filed must do so pursuant 20
to NRS 679B.310. 21
8.] The Administrator shall: 22
(a) Evaluate any claim submitted to the Board for payment or 23
reimbursement from the Subsequent Injury Account for Self-Insured 24
Employers and recommend to the Board any appropriate action to 25
be taken concerning the claim; and 26
(b) Submit to the Board any other recommendations relating to 27
the Account. 28
Sec. 5. NRS 616B.557 is hereby amended to read as follows: 29
616B.557 Except as otherwise provided in NRS 616B.560: 30
1. If an employee of a self-insured employer has a permanent 31
physical impairment from any cause or origin and incurs , on or 32
before September 30, 2025, a subsequent disability by injury arising 33
out of and in the course of his or her employment which entitles the 34
employee to compensation for disability that is substantially greater 35
by reason of the combined effects of the preexisting impairment and 36
the subsequent injury than that which would have resulted from the 37
subsequent injury alone, the compensation due must be charged to 38
the Subsequent Injury Account for Self-Insured Employers in 39
accordance with regulations adopted by the Board. 40
2. If the subsequent injury of such an employee incurred on or 41
before September 30, 2025, results in his or her death and it is 42
determined that the death would not have occurred except for the 43
preexisting permanent physical impairment, the compensation due 44
– 8 –
- *AB469*
must be charged to the Subsequent Injury Account for Self-Insured 1
Employers in accordance with regulations adopted by the Board. 2
3. As used in this section, “permanent physical impairment” 3
means any permanent condition, whether congenital or caused by 4
injury or disease, of such seriousness as to constitute a hindrance or 5
obstacle to obtaining employment or to obtaining reemployment if 6
the employee is unemployed. For the purposes of this section, a 7
condition is not a “permanent physical impairment” unless it would 8
support a rating of permanent impairment of 6 percent or more of 9
the whole person if evaluated according to the American Medical 10
Association’s Guides to the Evaluation of Permanent Impairment as 11
adopted and supplemented by the Division pursuant to 12
NRS 616C.110. 13
4. To qualify under this section for reimbursement from the 14
Subsequent Injury Account for Self-Insured Employers, the self-15
insured employer must establish by written records that the self-16
insured employer had knowledge of the “permanent physical 17
impairment” at the time the employee was hired or that the 18
employee was retained in employment after the self-insured 19
employer acquired such knowledge. 20
5. A self-insured employer must submit to the Board a claim 21
for reimbursement from the Subsequent Injury Account for Self-22
Insured Employers. 23
6. The Board shall adopt regulations establishing procedures 24
for submitting claims against the Subsequent Injury Account for 25
Self-Insured Employers. The Board shall notify the self-insured 26
employer of its decision on such a claim within 120 days after the 27
claim is received. 28
7. An appeal of any decision made concerning a claim against 29
the Subsequent Injury Account for Self-Insured Employers must be 30
submitted directly to the district court. 31
Sec. 6. NRS 616B.560 is hereby amended to read as follows: 32
616B.560 1. A self-insured employer who pays 33
compensation due to an employee who has a permanent physical 34
impairment from any cause or origin and incurs , on or before 35
September 30, 2025, a subsequent disability by injury arising out of 36
and in the course of his or her employment which entitles the 37
employee to compensation for disability that is substantially greater 38
by reason of the combined effects of the preexisting impairment and 39
the subsequent injury than that which would have resulted from the 40
subsequent injury alone is entitled to be reimbursed from the 41
Subsequent Injury Account for Self-Insured Employers if: 42
(a) The employee knowingly made a false representation as to 43
his or her physical condition at the time the employee was hired by 44
the self-insured employer; 45
– 9 –
- *AB469*
(b) The self-insured employer relied upon the false 1
representation and this reliance formed a substantial basis of the 2
employment; and 3
(c) A causal connection existed between the false representation 4
and the subsequent disability. 5
If the subsequent injury of the employee incurred on or before 6
September 30, 2025, results in his or her death and it is determined 7
that the death would not have occurred except for the preexisting 8
permanent physical impairment, any compensation paid is entitled 9
to be reimbursed from the Subsequent Injury Account for Self-10
Insured Employers. 11
2. A self-insured employer shall notify the Board of any 12
possible claim against the Subsequent Injury Account for Self-13
Insured Employers pursuant to this section no later than 60 days 14
after the date of the subsequent injury or the date the self-insured 15
employer learns of the employee’s false representation, whichever is 16
later. 17
Sec. 7. NRS 616B.575 is hereby amended to read as follows: 18
616B.575 1. There is hereby created in the Fund for 19
Workers’ Compensation and Safety in the State Treasury the 20
Subsequent Injury Account for Associations of Self-Insured Public 21
or Private Employers, which may be used only to make payments in 22
accordance with the provisions of NRS 616B.578 and 616B.581. 23
The Board shall administer the Account based upon 24
recommendations made by the Administrator pursuant to 25
subsection [8.] 7. 26
2. All [assessments,] penalties, bonds, securities and all other 27
properties received, collected or acquired by the Board for the 28
Subsequent Injury Account for Associations of Self-Insured Public 29
or Private Employers must be delivered to the custody of the State 30
Treasurer. 31
3. All money and securities in the Account must be held by the 32
State Treasurer as custodian thereof to be used solely for workers’ 33
compensation for employees of members of Associations of Self-34
Insured Public or Private Employers. 35
4. The State Treasurer may disburse money from the Account 36
only upon written order of the Board. 37
5. The State Treasurer shall invest money of the Account in the 38
same manner and in the same securities in which the State Treasurer 39
is authorized to invest State General Funds which are in the custody 40
of the State Treasurer. Income realized from the investment of the 41
assets of the Account must be credited to the Account. 42
6. The Board shall adopt regulations for the establishment and 43
administration of [assessment rates,] payments and penalties. 44
[Assessment rates must result in an equitable distribution of costs 45
– 10 –
- *AB469*
among the associations of self-insured public or private employers 1
and must be based upon expected annual expenditures for claims for 2
payments from the Subsequent Injury Account for Associations of 3
Self-Insured Public or Private Employers.] 4
7. [The Commissioner shall assign an actuary to review the 5
establishment of assessment rates. The rates must be filed with the 6
Commissioner 30 days before their effective date. Any association 7
of self-insured public or private employers that wishes to appeal the 8
rate so filed must do so pursuant to NRS 679B.310. 9
8.] The Administrator shall: 10
(a) Evaluate any claim submitted to the Board for payment or 11
reimbursement from the Subsequent Injury Account for 12
Associations of Self-Insured Public or Private Employers and 13
recommend to the Board any appropriate action to be taken 14
concerning the claim; and 15
(b) Submit to the Board any other recommendations relating to 16
the Account. 17
Sec. 8. NRS 616B.578 is hereby amended to read as follows: 18
616B.578 Except as otherwise provided in NRS 616B.581: 19
1. If an employee of a member of an association of self-insured 20
public or private employers has a permanent physical impairment 21
from any cause or origin and incurs , on or before September 30, 22
2025, a subsequent disability by injury arising out of and in the 23
course of his or her employment which entitles the employee to 24
compensation for disability that is substantially greater by reason of 25
the combined effects of the preexisting impairment and the 26
subsequent injury than that which would have resulted from the 27
subsequent injury alone, the compensation due must be charged to 28
the Subsequent Injury Account for Associations of Self-Insured 29
Public or Private Employers in accordance with regulations adopted 30
by the Board. 31
2. If the subsequent injury of such an employee incurred on or 32
before September 30, 2025, results in his or her death and it is 33
determined that the death would not have occurred except for the 34
preexisting permanent physical impairment, the compensation due 35
must be charged to the Subsequent Injury Account for Associations 36
of Self-Insured Public or Private Employers in accordance with 37
regulations adopted by the Board. 38
3. As used in this section, “permanent physical impairment” 39
means any permanent condition, whether congenital or caused by 40
injury or disease, of such seriousness as to constitute a hindrance or 41
obstacle to obtaining employment or to obtaining reemployment if 42
the employee is unemployed. For the purposes of this section, a 43
condition is not a “permanent physical impairment” unless it would 44
support a rating of permanent impairment of 6 percent or more of 45
– 11 –
- *AB469*
the whole person if evaluated according to the American Medical 1
Association’s Guides to the Evaluation of Permanent Impairment as 2
adopted and supplemented by the Division pursuant to 3
NRS 616C.110. 4
4. To qualify under this section for reimbursement from the 5
Subsequent Injury Account for Associations of Self-Insured Public 6
or Private Employers, the association of self-insured public or 7
private employers must establish by written records that the 8
employer had knowledge of the “permanent physical impairment” at 9
the time the employee was hired or that the employee was retained 10
in employment after the employer acquired such knowledge. 11
5. An association of self-insured public or private employers 12
must submit to the Board a claim for reimbursement from the 13
Subsequent Injury Account for Associations of Self-Insured Public 14
or Private Employers. 15
6. The Board shall adopt regulations establishing procedures 16
for submitting claims against the Subsequent Injury Account for 17
Associations of Self-Insured Public or Private Employers. The 18
Board shall notify the Association of Self-Insured Public or Private 19
Employers of its decision on such a claim within 120 days after the 20
claim is received. 21
7. An appeal of any decision made concerning a claim against 22
the Subsequent Injury Account for Associations of Self-Insured 23
Public or Private Employers must be submitted directly to the 24
district court. 25
Sec. 9. NRS 616B.581 is hereby amended to read as follows: 26
616B.581 1. An association of self-insured public or private 27
employers that pays compensation due to an employee who has a 28
permanent physical impairment from any cause or origin and incurs 29
, on or before September 30, 2025, a subsequent disability by injury 30
arising out of and in the course of his or her employment which 31
entitles the employee to compensation for disability that is 32
substantially greater by reason of the combined effects of the 33
preexisting impairment and the subsequent injury than that which 34
would have resulted from the subsequent injury alone is entitled to 35
be reimbursed from the Subsequent Injury Account for Associations 36
of Self-Insured Public or Private Employers if: 37
(a) The employee knowingly made a false representation as to 38
his or her physical condition at the time the employee was hired by 39
the member of the Association of Self-Insured Public or Private 40
Employers; 41
(b) The employer relied upon the false representation and this 42
reliance formed a substantial basis of the employment; and 43
(c) A causal connection existed between the false representation 44
and the subsequent disability. 45
– 12 –
- *AB469*
If the subsequent injury of the employee incurred on or before 1
September 30, 2025, results in his or her death and it is determined 2
that the death would not have occurred except for the preexisting 3
permanent physical impairment, any compensation paid is entitled 4
to be reimbursed from the Subsequent Injury Account for 5
Associations of Self-Insured Public or Private Employers. 6
2. An association of self-insured public or private employers 7
shall notify the Board of any possible claim against the Subsequent 8
Injury Account for Associations of Self-Insured Public or Private 9
Employers pursuant to this section no later than 60 days after the 10
date of the subsequent injury or the date the employer learns of the 11
employee’s false representation, whichever is later. 12
Sec. 10. NRS 616B.584 is hereby amended to read as follows: 13
616B.584 1. There is hereby created in the Fund for 14
Workers’ Compensation and Safety in the State Treasury the 15
Subsequent Injury Account for Private Carriers, which may be used 16
only to make payments in accordance with the provisions of NRS 17
616B.587 and 616B.590. The Administrator shall administer the 18
Account. 19
2. All [assessments,] penalties, bonds, securities and all other 20
properties received, collected or acquired by the Administrator for 21
the Subsequent Injury Account for Private Carriers must be 22
delivered to the custody of the State Treasurer. 23
3. All money and securities in the Account must be held by the 24
State Treasurer as custodian thereof to be used solely for workers’ 25
compensation for employees whose employers are insured by 26
private carriers. 27
4. The State Treasurer may disburse money from the Account 28
only upon written order of the State Controller. 29
5. The State Treasurer shall invest money of the Account in the 30
same manner and in the same securities in which the State Treasurer 31
is authorized to invest State General Funds which are in the custody 32
of the State Treasurer. Income realized from the investment of the 33
assets of the Account must be credited to the Account. 34
6. The Administrator shall adopt regulations for the 35
establishment and administration of [assessment rates,] payments 36
and penalties. [Assessment rates must reflect the relative hazard of 37
the employments covered by private carriers, must result in an 38
equitable distribution of costs among the private carriers and must 39
be based upon expected annual premiums to be received. 40
7. The Commissioner shall assign an actuary to review the 41
establishment of assessment rates. The rates must be filed with the 42
Commissioner 30 days before their effective date. Any private 43
carrier who wishes to appeal the rate so filed must do so pursuant to 44
NRS 679B.310.] 45
– 13 –
- *AB469*
Sec. 11. NRS 616B.587 is hereby amended to read as follows: 1
616B.587 Except as otherwise provided in NRS 616B.590: 2
1. If an employee of an employer who is insured by a private 3
carrier has a permanent physical impairment from any cause or 4
origin and incurs , on or before September 30, 2025, a subsequent 5
disability by injury arising out of and in the course of his or her 6
employment which entitles the employee to compensation for 7
disability that is substantially greater by reason of the combined 8
effects of the preexisting impairment and the subsequent injury than 9
that which would have resulted from the subsequent injury alone, 10
the compensation due must be charged to the Subsequent Injury 11
Account for Private Carriers in accordance with regulations adopted 12
by the Administrator. 13
2. If the subsequent injury of such an employee incurred on or 14
before September 30, 2025, results in his or her death and it is 15
determined that the death would not have occurred except for the 16
preexisting permanent physical impairment, the compensation due 17
must be charged to the Subsequent Injury Account for Private 18
Carriers in accordance with regulations adopted by the 19
Administrator. 20
3. As used in this section, “permanent physical impairment” 21
means any permanent condition, whether congenital or caused by 22
injury or disease, of such seriousness as to constitute a hindrance or 23
obstacle to obtaining employment or to obtaining reemployment if 24
the employee is unemployed. For the purposes of this section, a 25
condition is not a “permanent physical impairment” unless it would 26
support a rating of permanent impairment of 6 percent or more of 27
the whole person if evaluated according to the American Medical 28
Association’s Guides to the Evaluation of Permanent Impairment as 29
adopted and supplemented by the Division pursuant to 30
NRS 616C.110. 31
4. To qualify under this section for reimbursement from the 32
Subsequent Injury Account for Private Carriers, the private carrier 33
must establish by written records that the employer had knowledge 34
of the “permanent physical impairment” at the time the employee 35
was hired or that the employee was retained in employment after the 36
employer acquired such knowledge. 37
5. A private carrier must submit to the Administrator a claim 38
for reimbursement from the Subsequent Injury Account for Private 39
Carriers. 40
6. The Administrator shall adopt regulations establishing 41
procedures for submitting claims against the Subsequent Injury 42
Account for Private Carriers. The Administrator shall notify the 43
private carrier of his or her decision on such a claim within 120 days 44
after the claim is received. 45
– 14 –
- *AB469*
7. An appeal of any decision made concerning a claim against 1
the Subsequent Injury Account for Private Carriers must be 2
submitted directly to the appeals officer. The appeals officer shall 3
hear such an appeal within 45 days after the appeal is submitted to 4
the appeals officer. 5
Sec. 12. NRS 616B.590 is hereby amended to read as follows: 6
616B.590 1. A private carrier who pays compensation due to 7
an employee who has a permanent physical impairment from any 8
cause or origin and incurs , on or before September 30, 2025, a 9
subsequent disability by injury arising out of and in the course of his 10
or her employment which entitles the employee to compensation for 11
disability that is substantially greater by reason of the combined 12
effects of the preexisting impairment and the subsequent injury than 13
that which would have resulted from the subsequent injury alone is 14
entitled to be reimbursed from the Subsequent Injury Account for 15
Private Carriers if: 16
(a) The employee knowingly made a false representation as to 17
his or her physical condition at the time the employee was hired by 18
the employer insured by a private carrier; 19
(b) The employer relied upon the false representation and this 20
reliance formed a substantial basis of the employment; and 21
(c) A causal connection existed between the false representation 22
and the subsequent disability. 23
If the subsequent injury of the employee incurred on or before 24
September 30, 2025, results in his or her death and it is determined 25
that the death would not have occurred except for the preexisting 26
permanent physical impairment, any compensation paid is entitled 27
to be reimbursed from the Subsequent Injury Account for Private 28
Carriers. 29
2. A private carrier shall notify the Administrator of any 30
possible claim against the Subsequent Injury Account for Private 31
Carriers pursuant to this section no later than 60 days after the date 32
of the subsequent injury or the date the employer learns of the 33
employee’s false representation, whichever is later. 34
Sec. 13. NRS 616B.624 is hereby amended to read as follows: 35
616B.624 1. If a quasi-public or private corporation or a 36
limited-liability company is required to be insured pursuant to 37
chapters 616A to 616D, inclusive, of NRS, an officer of the 38
corporation or a manager of the company who: 39
(a) Receives pay for services performed as an officer [,] or 40
manager [or employee] of the corporation or company shall be 41
deemed for the purposes of those chapters to receive a minimum pay 42
of $6,000 per policy year and a maximum pay of $36,000 per policy 43
year. 44
– 15 –
- *AB469*
(b) Does not receive pay for services performed as an officer, 1
manager or employee of the corporation or company shall be 2
deemed for the purposes of those chapters to receive a minimum pay 3
of $500 per month or $6,000 per policy year. 4
2. An officer or manager who does not receive pay for services 5
performed as an officer, manager or employee of the corporation or 6
company may elect to reject coverage for himself or herself by filing 7
written notice thereof with the corporation or company and the 8
insurer. The rejection is effective upon receipt of the notice by the 9
insurer. 10
3. An officer or manager of such a corporation or company 11
who: 12
(a) Owns the corporation or company; and 13
(b) Receives pay for the services performed, 14
may elect to reject coverage for himself or herself by filing 15
written notice thereof with the insurer. The rejection is effective 16
upon receipt of the notice by the insurer. 17
4. An officer or manager who has rejected coverage may 18
rescind that rejection by filing written notice thereof with the 19
corporation or company and the insurer. The rescission is effective 20
upon receipt of the notice by the insurer. Except as otherwise 21
provided in subsection 3, if an officer or manager who has rejected 22
coverage receives pay for services performed as an officer, manager 23
or employee of the corporation or company, the officer or manager 24
shall be deemed to have rescinded that rejection. 25
5. A nonprofit corporation whose officers do not receive pay 26
for services performed as officers or employees of the corporation 27
may elect to reject coverage for its current officers and all future 28
officers who do not receive such pay by filing written notice thereof 29
with the corporation and the insurer. The rejection is effective upon 30
receipt of the notice by the insurer. 31
6. A nonprofit corporation which has rejected coverage for its 32
officers who do not receive pay for services performed as officers or 33
employees of the corporation may rescind that rejection by filing 34
written notice thereof with the corporation and the insurer. The 35
rescission is effective upon receipt of the notice by the insurer. If an 36
officer of a nonprofit corporation which has rejected coverage 37
receives pay for services performed as an officer or employee of the 38
corporation, the corporation shall be deemed to have rescinded that 39
rejection. 40
Sec. 14. NRS 616C.087 is hereby amended to read as follows: 41
616C.087 1. The Legislature hereby declares that: 42
(a) The choice of a treating physician or chiropractic physician 43
is a substantive right and substantive benefit of an injured employee 44
– 16 –
- *AB469*
who has a claim under the Nevada Industrial Insurance Act or the 1
Nevada Occupational Diseases Act. 2
(b) The injured employees of this State have a substantive right 3
to an adequate choice of physicians and chiropractic physicians to 4
treat their industrial injuries and occupational diseases. 5
2. Except as otherwise provided in this subsection and 6
subsections 3 and 4 [: 7
(a) The] , an insurer’s list of physicians and chiropractic 8
physicians from which an injured employee may choose pursuant 9
to NRS 616C.090 must: 10
(a) Consist of physicians and chiropractic physicians selected 11
from the panel maintained by the Administrator pursuant to NRS 12
616C.090 [must not] ; 13
(b) Not include a physician or chiropractic physician in a 14
discipline or specialization if the physician or chiropractic physician 15
does not accept and treat injured employees for industrial injuries or 16
occupational diseases in that discipline or specialization; and 17
[(b) An insurer’s list of physicians and chiropractic physicians 18
from which an injured employee may choose pursuant to NRS 19
616C.090 must include] 20
(c) Include not [less] fewer than [12] five physicians or 21
chiropractic physicians, as applicable, in each of the three 22
geographic regions in this State designated by the Administrator 23
pursuant to subsection 14, in each of the following disciplines and 24
specializations : [, without limitation, from the panel of physicians 25
and chiropractic physicians maintained by the Administrator 26
pursuant to NRS 616C.090:] 27
(1) Orthopedic surgery on spines; 28
(2) Orthopedic surgery on shoulders; 29
(3) Orthopedic surgery on elbows; 30
(4) Orthopedic surgery on wrists; 31
(5) Orthopedic surgery on hands; 32
(6) Orthopedic surgery on hips; 33
(7) Orthopedic surgery on knees; 34
(8) Orthopedic surgery on ankles; 35
(9) Orthopedic surgery on feet; 36
(10) Neurosurgery; 37
(11) Neurology; 38
(12) Cardiology; 39
(13) Pulmonology; 40
(14) Psychiatry; 41
(15) Pain management; 42
(16) Occupational medicine; 43
(17) Physiatry or physical medicine; 44
(18) General practice or family medicine; and 45
– 17 –
- *AB469*
(19) Chiropractic medicine. 1
If the [panel] insurer’s list of physicians and chiropractic 2
physicians [maintained by the Administrator pursuant to NRS 3
616C.090] contains fewer than [12] five physicians or chiropractic 4
physicians, as applicable, in a region designated by the 5
Administrator pursuant to subsection 14 for a discipline or 6
specialization specifically identified in this subsection, [all of the 7
physicians] an injured employee in that region may choose a 8
physician or chiropractic [physicians,] physician, as applicable, [on 9
the panel for] in that discipline or specialization [must be included 10
on the insurer’s list.] from the panel maintained by the 11
Administrator pursuant to NRS 616C.090. 12
3. For any other discipline or specialization not specifically 13
identified in subsection 2, the insurer’s list must include not fewer 14
than [8] four physicians or chiropractic physicians, as applicable, 15
unless the panel of physicians and chiropractic physicians 16
maintained by the Administrator pursuant to NRS 616C.090 17
contains fewer than [8] four physicians or chiropractic physicians, 18
as applicable, for that discipline or specialization, in which case all 19
of the physicians or chiropractic physicians, as applicable, on the 20
panel for that discipline or specialization must be included on the 21
insurer’s list. 22
4. For each county whose population is 100,000 or more, an 23
insurer’s list of physicians and chiropractic physicians must include 24
for that county a number of physicians and chiropractic physicians, 25
as applicable, that is not less than the number required pursuant to 26
subsections 2 and 3 and that also [maintain] : 27
(a) Maintain in that county: 28
[(a)] (1) An active practice; and 29
[(b)] (2) A physical office [.] ; or 30
(b) Provide in that county services through telehealth pursuant 31
to NRS 616C.730. 32
5. If an insurer fails to maintain a list of physicians and 33
chiropractic physicians that complies with the requirements of 34
subsections 2, 3 and 4, an injured employee may choose a physician 35
or chiropractic physician from the panel of physicians and 36
chiropractic physicians maintained by the Administrator pursuant to 37
NRS 616C.090. 38
6. Each insurer shall, not later than October 1 of each year, 39
update the list of physicians and chiropractic physicians and [file] 40
submit the list [with] to the Administrator. The list must be certified 41
by [an adjuster who is licensed pursuant to chapter 684A of NRS.] a 42
responsible person of the insurer. 43
– 18 –
- *AB469*
7. Upon receipt of a list of physicians and chiropractic 1
physicians that is [filed] submitted pursuant to subsection 6, the 2
Administrator shall: 3
(a) [Stamp] Acknowledge receipt of the list as having been 4
[filed;] submitted; and 5
(b) Indicate on the list the date on which it was [filed.] 6
submitted to the Administrator by the insurer. 7
8. The Administrator shall: 8
(a) Provide a copy of an insurer’s list of physicians and 9
chiropractic physicians to any member of the public who requests a 10
copy; or 11
(b) Post a copy of each insurer’s list of physicians and 12
chiropractic physicians on [an] the Internet website [maintained by 13
the Administrator and] of the Division in an area of the Internet 14
website that is accessible to the public for viewing, printing or 15
downloading. 16
9. If an insurer is required to update its list of physicians and 17
chiropractic physicians to meet the requirements set forth in this 18
section or any regulations adopted by the Administrator, the 19
insurer shall update and resubmit the list to the Administrator, 20
who must proceed in accordance with subsection 8. 21
10. An update to the panel of physicians and chiropractic 22
physicians maintained by the Administrator pursuant to NRS 23
616C.090 does not cause an insurer’s list of physicians and 24
chiropractic physicians to be automatically updated. 25
11. At any time, a physician , [or] chiropractic physician or 26
person designated by a physician or chiropractic physician 27
pursuant to paragraph (a) of subsection 1 of NRS 616C.090 may 28
request in writing that [he or she] the physician, chiropractic 29
physician or designee be removed from an insurer’s list of 30
physicians and chiropractic physicians. The insurer must comply 31
with the request and omit the physician , [or] chiropractic physician 32
or designee from the next list which the insurer [files with] submits 33
to the Administrator. 34
[10.] 12. A physician or chiropractic physician may not be 35
involuntarily removed from [an insurer’s list] the panel of 36
physicians and chiropractic physicians maintained by the 37
Administrator pursuant to NRS 616C.090 except for good cause. 38
As used in this subsection, “good cause” means that one or more of 39
the following circumstances apply: 40
(a) The physician or chiropractic physician has died or is 41
disabled. 42
(b) The license of the physician or chiropractic physician has 43
been revoked or suspended. 44
– 19 –
- *AB469*
(c) The physician or chiropractic physician has been convicted 1
of: 2
(1) A felony; or 3
(2) A crime for a violation of a provision of chapter 616D of 4
NRS. 5
(d) The physician or chiropractic physician [has been] is 6
removed from the panel [of physicians and chiropractic physicians 7
maintained by the Administrator pursuant to NRS 616C.090] by the 8
Administrator upon a finding that the physician or chiropractic 9
physician: 10
(1) Has failed to comply with the standards for treatment of 11
industrial injuries or occupational diseases as established by the 12
Administrator; or 13
(2) Does not accept and treat injured employees under 14
chapters 616A to 616D, inclusive, or chapter 617 of NRS. 15
[11.] 13. Unless a physician or chiropractic physician, as 16
applicable, is removed pursuant to subsection 12 from [an insurer’s 17
list] the panel of physicians and chiropractic physicians maintained 18
by the Administrator pursuant to [subsection 10,] NRS 616C.090, 19
an injured employee may continue to receive treatment from that 20
physician or chiropractic physician even if: 21
(a) The employer of the injured employee changes insurers or 22
administrators. 23
(b) The physician or chiropractic physician is no longer included 24
in the applicable insurer’s list of physicians and chiropractic 25
physicians, provided that the physician or chiropractic physician 26
agrees to continue to accept compensation for that treatment at the 27
rates which: 28
(1) Were previously agreed upon when the physician or 29
chiropractic physician was most recently included in the list; or 30
(2) Are newly negotiated but do not exceed the amounts 31
provided under the fee schedule adopted by the Administrator. 32
[12.] 14. The Administrator shall adopt regulations 33
[prescribing] : 34
(a) Prescribing the form in which [a list] the panel of 35
physicians and chiropractic physicians [created by an employer, 36
insurer or third-party administrator pursuant to this section] must be 37
maintained [. The] by the Administrator [shall require] pursuant to 38
NRS 616C.090. The regulations must require that [any such list] 39
the panel be maintained in a format which is easily searchable, 40
including, without limitation, an indexed database, a portable 41
document format, a spreadsheet with data that may be filtered, a 42
comma-separated values file or any other comparable format. 43
– 20 –
- *AB469*
(b) That divide this State into three geographic regions 1
designated by the Administrator for the purposes of paragraph (c) 2
of subsection 2. 3
15. As used in this section, “responsible person” means any 4
person who is responsible for, controls or is authorized to control 5
or advise the affairs of an insurer. 6
Sec. 15. NRS 616C.090 is hereby amended to read as follows: 7
616C.090 1. The Administrator shall establish, maintain and 8
update not less frequently than annually on or before July 1 of each 9
year, a panel of physicians and chiropractic physicians who have 10
demonstrated special competence and interest in industrial health to 11
treat injured employees under chapters 616A to 616D, inclusive, or 12
chapter 617 of NRS. The Administrator shall maintain the following 13
information relating to each physician and chiropractic physician on 14
the panel: 15
(a) The name of the physician or chiropractic physician [.] and a 16
designee for the physician or chiropractic physician, as applicable. 17
(b) The title or degree of the physician or chiropractic physician. 18
(c) The legal name of the practice of the physician or 19
chiropractic physician and the name under which the practice does 20
business. 21
(d) The street address of the location of every office of the 22
physician or chiropractic physician. 23
(e) The telephone number of every office of the physician or 24
chiropractic physician. 25
(f) The primary electronic mail address for the practice of the 26
physician or chiropractic physician. 27
(g) Every discipline and specialization practiced by the 28
physician or chiropractic physician. 29
[(g)] (h) Every condition and part of the body which the 30
physician or chiropractic physician will treat. 31
2. Every employer whose insurer has not entered into a 32
contract with an organization for managed care or with providers of 33
health care pursuant to NRS 616B.527 shall maintain a list of those 34
physicians and chiropractic physicians on the panel who are 35
reasonably accessible to his or her employees. 36
3. An injured employee whose employer’s insurer has not 37
entered into a contract with an organization for managed care or 38
with providers of health care pursuant to NRS 616B.527 may 39
choose a treating physician or chiropractic physician from the panel 40
of physicians and chiropractic physicians [.] maintained by the 41
Administrator pursuant to this section. If the injured employee is 42
not satisfied with the first physician or chiropractic physician he or 43
she so chooses, the injured employee may make an alternative 44
choice of physician or chiropractic physician from the panel if the 45
– 21 –
- *AB469*
choice is made within 90 days after his or her injury. The insurer 1
shall notify the first physician or chiropractic physician in writing. 2
The notice must be postmarked within 3 working days after the 3
insurer receives knowledge of the change. The first physician or 4
chiropractic physician must be reimbursed only for the services the 5
physician or chiropractic physician, as applicable, rendered to the 6
injured employee up to and including the date of notification. 7
Except as otherwise provided in this subsection, any further change 8
is subject to the approval of the insurer or by order of a hearing 9
officer or appeals officer. A request for a change of physician or 10
chiropractic physician must be granted or denied within 10 days 11
after a written request for such a change is received from the injured 12
employee. If the insurer takes no action on the request within 10 13
days, the request shall be deemed granted. Any request for a change 14
of physician or chiropractic physician must include the name of the 15
new physician or chiropractic physician chosen by the injured 16
employee. If the treating physician or chiropractic physician refers 17
the injured employee to a specialist for treatment, the insurer shall 18
provide to the injured employee a list that includes the name of each 19
physician or chiropractic physician with that specialization who is 20
on the panel. Not later than 14 days after receiving the list, the 21
injured employee shall select a physician or chiropractic physician 22
from the list. 23
4. An injured employee whose employer’s insurer has entered 24
into a contract with an organization for managed care or with 25
providers of health care pursuant to NRS 616B.527 must choose a 26
treating physician or chiropractic physician pursuant to the terms of 27
that contract. If the injured employee is not satisfied with the first 28
physician or chiropractic physician he or she so chooses, the injured 29
employee may make an alternative choice of physician or 30
chiropractic physician pursuant to the terms of the contract without 31
the approval of the insurer if the choice is made within 90 days after 32
his or her injury. Except as otherwise provided in this subsection, 33
any further change in the choice of a physician or chiropractic 34
physician is subject to the approval of the insurer or by order of a 35
hearing officer or appeals officer. The physician or chiropractic 36
physician so chosen must be chosen from the insurer’s list of 37
physicians and chiropractic physicians submitted to the 38
Administrator pursuant to NRS 616C.087. A request for a change 39
of physician or chiropractic physician must be granted or denied 40
within 10 days after a written request for such a change is received 41
from the injured employee. If the insurer takes no action on the 42
request within 10 days, the request shall be deemed granted. If the 43
injured employee, after choosing a treating physician or chiropractic 44
physician, moves to a county which is not served by the 45
– 22 –
- *AB469*
organization for managed care or providers of health care named in 1
the contract and the insurer determines that it is impractical for the 2
injured employee to continue treatment with the physician or 3
chiropractic physician, the injured employee must choose a treating 4
physician or chiropractic physician who has agreed to the terms of 5
that contract unless the insurer authorizes the injured employee to 6
choose another physician or chiropractic physician. If the treating 7
physician or chiropractic physician refers the injured employee to a 8
specialist for treatment, the insurer shall provide to the injured 9
employee a list that includes the name of each physician or 10
chiropractic physician with that specialization who is available 11
pursuant to the terms of the contract with the organization for 12
managed care or with providers of health care pursuant to NRS 13
616B.527, as appropriate. Not later than 14 days after receiving the 14
list, the injured employee shall select a physician or chiropractic 15
physician from the list. If the employee fails to select a physician or 16
chiropractic physician, the insurer may select a physician or 17
chiropractic physician with that specialization. If a physician 18
or chiropractic physician with that specialization is not available 19
pursuant to the terms of the contract, the organization for managed 20
care or the provider of health care may select a physician or 21
chiropractic physician with that specialization. 22
5. If the injured employee is not satisfied with the physician or 23
chiropractic physician selected by himself or herself or by the 24
insurer, the organization for managed care or the provider of health 25
care pursuant to subsection 4, the injured employee may make an 26
alternative choice of physician or chiropractic physician pursuant to 27
the terms of the contract. A change in the choice of a treating 28
physician or chiropractic physician may be made at any time but is 29
subject to the approval of the insurer or by order of a hearing officer 30
or appeals officer. The physician or chiropractic physician so 31
chosen must be chosen from the insurer’s list of physicians and 32
chiropractic physicians submitted to the Administrator pursuant to 33
NRS 616C.087. A request for a change of physician or chiropractic 34
physician must be granted or denied within 10 days after a written 35
request for such a change is received from the injured employee. If 36
no action is taken on the request within 10 days, the request shall be 37
deemed granted. Any request for a change of physician or 38
chiropractic physician must include the name of the new physician 39
or chiropractic physician chosen by the injured employee. If the 40
insurer denies a request for a change in the treating physician or 41
chiropractic physician under this subsection, the insurer must 42
include in a written notice of denial to the injured employee the 43
specific reason for the denial of the request. 44
– 23 –
- *AB469*
6. Except when emergency medical care is required and except 1
as otherwise provided in NRS 616C.055, the insurer is not 2
responsible for any charges for medical treatment or other accident 3
benefits furnished or ordered by any physician, chiropractic 4
physician or other person selected by the injured employee in 5
disregard of the provisions of this section or for any compensation 6
for any aggravation of the injured employee’s injury attributable to 7
improper treatments by such physician, chiropractic physician or 8
other person. 9
7. The Administrator may order necessary changes in [a] the 10
panel of physicians and chiropractic physicians and shall: 11
(a) Suspend or remove any physician or chiropractic physician 12
from [a] the panel for good cause shown in accordance with NRS 13
616C.087; and 14
(b) Remove from being included on [a] the panel as a 15
practitioner of a discipline or specialization any physician or 16
chiropractic physician who does not accept and treat injured 17
employees for industrial injuries or occupational diseases in that 18
discipline or specialization. 19
8. Any interested person may notify the Administrator, on a 20
form prescribed by the Administrator, if the person believes that a 21
physician or chiropractic physician does not accept and treat injured 22
employees: 23
(a) Under chapters 616A to 616D, inclusive, or chapter 617 of 24
NRS for industrial injuries or occupational diseases; or 25
(b) For industrial injuries or occupational diseases in a discipline 26
or specialization for which the physician or chiropractic physician is 27
included on [a] the panel of physicians and chiropractic physicians 28
maintained by the Administrator pursuant to this section. 29
9. If the Administrator receives notice pursuant to subsection 8, 30
the Administrator shall: 31
(a) Conduct an investigation to determine whether the physician 32
or chiropractic physician may remain on the panel for a discipline or 33
specialization; and 34
(b) Publish or cause to be published on the Internet website of 35
the Division , in an area of the Internet website accessible to the 36
public, not later than 90 days after receiving the notice the results of 37
the investigation. 38
10. A physician or chiropractic physician who is removed from 39
[a] the panel as a practitioner of a discipline or specialization 40
pursuant to paragraph (b) of subsection 7 may request, on a form 41
prescribed by the Administrator, to be reinstated on [a] the panel for 42
that discipline or specialization if the physician or chiropractic 43
physician demonstrates to the satisfaction of the Administrator that 44
– 24 –
- *AB469*
he or she accepts and treats injured employees for that discipline or 1
specialization. 2
11. An injured employee may receive treatment by more than 3
one physician or chiropractic physician: 4
(a) If the insurer provides written authorization for such 5
treatment; or 6
(b) By order of a hearing officer or appeals officer. 7
12. The Administrator shall design a form that notifies injured 8
employees of their right pursuant to subsections 3, 4 and 5 to select 9
an alternative treating physician or chiropractic physician and make 10
the form available to insurers for distribution pursuant to subsection 11
2 of NRS 616C.050. 12
Sec. 16. NRS 616C.145 is hereby amended to read as follows: 13
616C.145 1. An injured employee may obtain an independent 14
medical examination: 15
(a) Except as otherwise provided in subsections 2 and 3, 16
whenever a dispute arises from a determination issued by the insurer 17
regarding the approval of care, the direction of a treatment plan or 18
the scope of the claim; 19
(b) Within 30 days after an injured employee receives any report 20
generated pursuant to a medical examination requested by the 21
insurer pursuant to NRS 616C.140; or 22
(c) At any time by leave of a hearing officer or appeals officer 23
after the denial of any therapy or treatment. 24
2. An injured employee is entitled to an independent medical 25
examination pursuant to paragraph (a) of subsection 1 only: 26
(a) For a claim for compensation that is open; 27
(b) When the closure of a claim for compensation is under 28
dispute pursuant to NRS 616C.235; or 29
(c) When a hearing or appeal is pending pursuant to NRS 30
616C.330 or 616C.360. 31
3. An injured employee is entitled to only one independent 32
medical examination [per calendar year] within a 12-month period 33
pursuant to paragraph (a) of subsection 1. 34
4. Except as otherwise provided in subsection 5, an 35
independent medical examination must not involve treatment and 36
must be conducted by a physician or chiropractic physician selected 37
by the injured employee from the [panel] insurer’s list of physicians 38
and chiropractic physicians [established] submitted to the 39
Administrator pursuant to [subsection 1 of NRS 616C.090.] 40
NRS 616C.087. 41
5. [An injured employee is entitled to request an independent 42
medical examination pursuant to paragraph (a) of subsection 1 for a 43
permanent partial disability to determine if the injured employee has 44
a ratable impairment or, if the injured employee is seeking to 45
– 25 –
- *AB469*
dispute an initial rating determination, to obtain a second rating. The 1
injured employee must select the rating physician or chiropractic 2
physician at random from the list of qualified physicians and 3
chiropractic physicians maintained by the Administrator pursuant to 4
subsection 2 of NRS 616C.490, unless the insurer and the injured 5
employee otherwise agree to a rating physician or chiropractic 6
physician. Nothing in this subsection shall be construed to prohibit 7
an injured employee from obtaining a determination for a permanent 8
partial disability pursuant to NRS 616C.100. 9
6. The insurer shall: 10
(a) Pay the costs of any independent medical examination 11
conducted pursuant to this section in accordance with subsection 7; 12
and 13
(b) Upon request, receive a copy of any report or other 14
document that is generated as a result of the independent medical 15
examination. 16
7.] The rates of reimbursement for an independent medical 17
examination conducted pursuant to this section must be [: 18
(a) For an independent medical examination other than an 19
independent medical examination conducted pursuant to subsection 20
5,] the rates applicable to independent medical examinations, as set 21
forth in the schedule of fees established by the Administrator 22
pursuant to NRS 616C.260. 23
[(b) For an independent medical examination conducted 24
pursuant to subsection 5, the rates applicable to a permanent partial 25
disability, as set forth in the schedule of fees established by the 26
Administrator pursuant to NRS 616C.260. 27
8. If an injured employee requests an independent medical 28
examination pursuant to subsection 5 to obtain a second rating and 29
the second rating does not result in a higher percentage of disability 30
than the initial rating determination, the insurer may recover the cost 31
of the independent medical examination, determined in accordance 32
with the rates of reimbursement specified in paragraph (b) of 33
subsection 7, from the amount of the award for permanent partial 34
disability that the injured employee is entitled to be paid for that 35
claim pursuant to NRS 616C.490. 36
9. The provisions of this section do not apply to an independent 37
medical examination ordered by a hearing officer pursuant to 38
subsection 3 of NRS 616C.330 or by an appeals officer pursuant to 39
subsection 3 of NRS 616C.360.] 40
Sec. 17. NRS 616C.232 is hereby amended to read as follows: 41
616C.232 1. If an injured employee is discharged from his or 42
her employment as a result of misconduct, an insurer may deny 43
compensation for temporary total disability and vocational 44
rehabilitation services to the injured employee because of that 45
– 26 –
- *AB469*
discharge for misconduct only if the insurer proves by a 1
preponderance of the evidence that: 2
(a) The injured employee was discharged from his or her 3
employment solely for the employee’s misconduct and not for any 4
reason relating to the employee’s claim for compensation; and 5
(b) It is the injured employee’s discharge from his or her 6
employment for misconduct, and not the injury, that is the sole 7
cause for the injured employee’s inability to return to work with the 8
preinjury employer. 9
2. [An] If, for any reason unrelated to his or her claim for 10
compensation, an injured employee voluntarily resigns from his or 11
her employment with the preinjury employer, an insurer [waives its 12
rights under subsection 1 if the insurer does not make a 13
determination to] may deny [or suspend] compensation for 14
temporary total disability and vocational rehabilitation services to 15
the injured employee within 70 days after the date on which the 16
insurer learns that the injured employee has [been discharged for 17
misconduct.] resigned. 18
3. An insurer may not deny any compensation pursuant to this 19
section except for compensation for temporary total disability and 20
vocational rehabilitation services pursuant to [subsection] 21
subsection 1 [.] or 2. 22
4. [Discharge] If an injured employee is certified as 23
temporarily totally disabled, the discharge of the injured employee 24
for misconduct or the employee’s voluntary resignation from 25
employment [for reasons other than gross misconduct] does not 26
limit [an] the injured employee’s entitlement to receive benefits for 27
temporary total disability. 28
5. As used in this section, “misconduct” includes, without 29
limitation, a deliberate violation or disregard, on the part of the 30
employee, of the laws of this State, standards of behavior or a 31
policy of the employer with which an employer has the right to 32
expect the compliance of the employee. The term does not include 33
a violation of an employer’s policy concerning attendance that is 34
directly or indirectly related to the injury of the employee and his 35
or her need for treatment. 36
Sec. 18. NRS 616C.266 is hereby amended to read as follows: 37
616C.266 1. An insurer, including an employer who provides 38
accident benefits for injured employees pursuant to NRS 616C.265, 39
who pays an annual increase in compensation for a permanent total 40
disability to a claimant or a dependent of a claimant pursuant to 41
subsection 2 of NRS 616C.473 is entitled to be reimbursed for the 42
amount of that increase in accordance with this section if the insurer 43
provides to the Administrator all of the following: 44
– 27 –
- *AB469*
(a) The name of the claimant or dependent of a claimant to 1
whom the insurer paid the increase in compensation. 2
(b) The claim number under which the compensation for a 3
permanent total disability was paid to the claimant or dependent of a 4
claimant. 5
(c) The date of the industrial injury or disablement from an 6
occupational disease which resulted in the permanent total disability 7
of the injured employee. 8
(d) The date on which the disability of the injured employee was 9
determined or deemed to be total and permanent. 10
(e) The amount of the compensation for a permanent total 11
disability to which the claimant or dependent of a claimant was 12
entitled as of December 31, 2019. 13
(f) Proof of the insurer’s payment of the increase in 14
compensation for a permanent total disability. 15
(g) The amount of reimbursement requested by the insurer. 16
2. An insurer must provide the Administrator with the items 17
required pursuant to subsection 1 not later than March 31 of each 18
year to be eligible for reimbursement for payments of increases in 19
compensation for permanent total disability which were made in the 20
immediately preceding calendar year. 21
3. If an insurer complies with subsection 2, the Administrator 22
shall: 23
(a) Not later than 60 days after the date on which the 24
Administrator receives the information required by subsection 1, 25
issue a written determination approving or rejecting the insurer’s 26
request for reimbursement. If the Administrator fails to issue the 27
written determination within those 60 days, the request for 28
reimbursement is deemed approved. 29
(b) Not later than July 1 of each year, provide the insurer with a 30
detailed list of reimbursements approved or rejected by the 31
Administrator. 32
4. A person who is aggrieved by a written determination of the 33
Administrator pursuant to this section may appeal the determination 34
by filing a request for a hearing before an appeals officer. The 35
request must be filed not later than 30 days after the date on which 36
the insurer receives notice of the Administrator’s determination. 37
5. The Administrator shall, not later than May 31 of each year, 38
mail to each insurer an invoice for any assessment levied by the 39
Administrator pursuant to NRS 232.680 to be used to pay 40
reimbursement pursuant to this section. Each insurer shall, not later 41
than July 31 of each year, pay to the Department of Business and 42
Industry the amount of the assessment. 43
6. The Administrator shall make every effort to collect from an 44
insurer the amount of the assessment described in subsection 5. If 45
– 28 –
- *AB469*
the Administrator is not able to collect the amount of the assessment 1
within 60 days after July 31, the Administrator shall notify the 2
Commissioner that the insurer is delinquent. An insurer who fails or 3
refuses to pay the amount of an assessment within 60 days after 4
July 31 is, after notice and a hearing held pursuant to NRS 5
679B.310 to 679B.370, inclusive, subject to revocation of the 6
insurer’s certificate of authority to transact insurance in this State. 7
7. The Administrator shall, not later than December 31 of each 8
year [,] : 9
(a) Authorize the State Treasurer to reimburse each insurer that 10
has paid an annual increase in compensation for a permanent total 11
disability pursuant to subsection 1 [.] ; and 12
(b) Provide to each such insurer proof of the authorization 13
given to the State Treasurer pursuant to paragraph (a). 14
8. [In] The State Treasurer shall, not later than 10 days after 15
receiving an authorization described in paragraph (a) of 16
subsection 7, process and issue to each insurer the payment for 17
reimbursement authorized pursuant to paragraph (a) of 18
subsection 7. 19
9. If an insurer fails to pay the amount of the assessment 20
described in subsection 5, the Administrator shall apportion to the 21
insurers that have paid the amount of the assessment an amount of 22
reimbursement calculated in the same manner in which the 23
Administrator determines the assessment rate applied to those 24
insurers pursuant to NRS 232.680. Upon receipt of the amount of 25
the assessment that is paid after July 31, the Administrator shall pay 26
to each insurer, the remaining amount of reimbursement to which 27
the insurer is entitled. 28
[9.] 10. An insurer may elect to apply any approved 29
reimbursement under this section towards any current or future 30
assessment levied by the Administrator pursuant to NRS 232.680. 31
Sec. 19. NRS 616C.268 is hereby amended to read as follows: 32
616C.268 1. An insurer, including, without limitation, an 33
employer who provides accident benefits for injured employees 34
pursuant to NRS 616C.265, who pays an increase in death benefits 35
to a widow, widower, surviving child or surviving dependent parent 36
pursuant to NRS 616C.508 is entitled to be reimbursed for the 37
amount of that increase from the Fund for Workers’ Compensation 38
and Safety if the insurer provides to the Administrator all of the 39
following: 40
(a) The name of the widow, widower, surviving child or 41
surviving dependent parent to whom the insurer paid the increase in 42
death benefits. 43
(b) The claim number under which death benefits were paid to 44
the widow, widower, surviving child or surviving dependent parent. 45
– 29 –
- *AB469*
(c) The date of the industrial injury or disablement from an 1
occupational disease which resulted in the eligibility of the widow, 2
widower, surviving child or surviving dependent parent for death 3
benefits. 4
(d) The date of the death of the injured employee who is the: 5
(1) Spouse of the widow or widower; 6
(2) Parent of the surviving child; or 7
(3) Child of the surviving dependent parent. 8
(e) The amount of the death benefit to which the widow, 9
widower, surviving child or surviving dependent parent was entitled 10
as of December 31, 2019. 11
(f) Proof of the insurer’s payment of the increase in death 12
benefits. 13
(g) The amount of reimbursement requested by the insurer. 14
2. An insurer must provide the Administrator with the 15
information required pursuant to subsection 1 not later than 16
March 31 of each year to be eligible for reimbursement pursuant to 17
this section for payments of increases in death benefits which were 18
made in the immediately preceding calendar year. 19
3. If an insurer complies with subsection 2, the Administrator 20
shall: 21
(a) Not later than 60 days after the date on which the 22
Administrator receives the information required by subsection 1, 23
issue a written determination approving or rejecting the insurer’s 24
request for reimbursement. If the Administrator fails to issue the 25
written determination within those 60 days, the request for 26
reimbursement is deemed approved. 27
(b) Not later than July 1 of each year, provide the insurer with a 28
detailed list of reimbursements approved or rejected by the 29
Administrator. 30
4. A person who is aggrieved by a written determination of the 31
Administrator pursuant to this section may appeal the determination 32
by filing a request for a hearing before an appeals officer. The 33
request must be filed not later than 30 days after the date on which 34
the insurer receives notice of the Administrator’s determination. 35
5. The Administrator shall, not later than May 31 of each year, 36
mail to each insurer an invoice for any assessment levied by the 37
Administrator pursuant to NRS 232.680 to be used to pay 38
reimbursement pursuant to this section. Each insurer shall, not later 39
than July 31 of each year, pay to the Department of Business and 40
Industry the amount of the assessment. 41
6. The Administrator shall make every effort to collect from an 42
insurer the amount of the assessment described in subsection 5. If 43
the Administrator is not able to collect the amount of the assessment 44
within 60 days after July 31, the Administrator shall notify the 45
– 30 –
- *AB469*
Commissioner that the insurer is delinquent. An insurer who fails or 1
refuses to pay the amount of an assessment within 60 days after 2
July 31 is, after notice and a hearing held pursuant to NRS 3
679B.310 to 679B.370, inclusive, subject to revocation of the 4
insurer’s certificate of authority to transact insurance in this State. 5
7. The Administrator shall, not later than December 31 of each 6
year [,] : 7
(a) Authorize the State Treasurer to reimburse each insurer that 8
has paid an annual increase in death benefits pursuant to subsection 9
1 [.] ; and 10
(b) Provide to each such insurer proof of the authorization 11
given to the State Treasurer pursuant to paragraph (a). 12
8. The State Treasurer shall, not later than 10 days after 13
receiving an authorization described in paragraph (a) of 14
subsection 7, process and issue to each insurer the payment for 15
reimbursement authorized pursuant to paragraph (a) of 16
subsection 7. 17
9. If an insurer fails to pay the amount of the assessment 18
described in subsection 5, the Administrator shall apportion to the 19
insurers that have paid the amount of the assessment an amount of 20
reimbursement calculated in the same manner in which the 21
Administrator determines the assessment rate applied to those 22
insurers pursuant to NRS 232.680. Upon receipt of the amount of 23
the assessment that is paid after July 31, the Administrator shall pay 24
to each insurer the remaining amount of reimbursement to which the 25
insurer is entitled. 26
[9.] 10. An insurer may elect to apply any approved 27
reimbursement made pursuant to this section towards any current or 28
future assessment levied by the Administrator pursuant to 29
NRS 232.680. 30
Sec. 20. NRS 616C.375 is hereby amended to read as follows: 31
616C.375 1. If an insurer, employer or claimant, or the 32
representative of an insurer, employer or claimant, appeals the 33
decision of an appeals officer, that decision is not stayed unless a 34
request for a stay is [granted by] filed with the appeals officer or the 35
district court . 36
2. If a request for a stay is filed with the appeals officer or the 37
district court pursuant to subsection 1: 38
(a) The decision of the appeals officer is stayed until the 39
appeals officer or the district court, as applicable, issues an order 40
granting or denying the request for a stay; and 41
(b) The appeals officer or the district court, as applicable, must 42
issue an order granting or denying the request for a stay within 30 43
days after the date on which the [decision] request for a stay was 44
– 31 –
- *AB469*
[rendered.] filed with the appeals officer or the district court, as 1
applicable. 2
3. If a request for a stay is denied, the parties must comply 3
with the decision of the appeals officer within 10 days after the 4
date on which the order denying the request for a stay is issued. 5
Sec. 21. NRS 616C.475 is hereby amended to read as follows: 6
616C.475 1. Except as otherwise provided in this section, 7
NRS 616C.175 and 616C.390, every employee in the employ of an 8
employer, within the provisions of chapters 616A to 616D, 9
inclusive, of NRS, who is injured by accident arising out of and in 10
the course of employment, or his or her dependents, is entitled to 11
receive for the period of temporary total disability, 66 2/3 percent of 12
the average monthly wage. 13
2. Except as otherwise provided in NRS 616B.028 and 14
616B.029, an injured employee or his or her dependents are not 15
entitled to accrue or be paid any benefits for a temporary total 16
disability during the time the injured employee is incarcerated. The 17
injured employee or his or her dependents are entitled to receive 18
such benefits when the injured employee is released from 19
incarceration if the injured employee is certified as temporarily 20
totally disabled by a physician or chiropractic physician. 21
3. If a claim for the period of temporary total disability is 22
allowed, the first payment pursuant to this section must be issued by 23
the insurer within 14 working days after receipt of the initial 24
certification of disability and regularly thereafter. 25
4. Any increase in compensation and benefits effected by the 26
amendment of subsection 1 is not retroactive. 27
5. Payments for a temporary total disability must cease when: 28
(a) A physician or chiropractic physician determines that the 29
employee is physically capable of [any gainful] returning to 30
employment [for] in the occupation in which the employee [is 31
suited, after giving consideration to the employee’s education, 32
training and experience;] was employed on the date of his or her 33
injury; 34
(b) The employer offers the employee [light-duty employment 35
or] employment that is temporarily or permanently modified 36
according to the limitations or restrictions imposed by a physician or 37
chiropractic physician pursuant to subsection 7; or 38
(c) Except as otherwise provided in NRS 616B.028 and 39
616B.029, the employee is incarcerated. 40
6. Each insurer may, with each check that it issues to an injured 41
employee for a temporary total disability, include a form approved 42
by the Division for the injured employee to request continued 43
compensation for the temporary total disability. 44
– 32 –
- *AB469*
7. A certification of disability issued by a physician or 1
chiropractic physician must: 2
(a) Include the period of disability and a description of any 3
physical limitations or restrictions imposed upon [the work of] the 4
employee; 5
(b) Specify whether the limitations or restrictions are permanent 6
or temporary; and 7
(c) Be signed by the treating physician or chiropractic physician 8
authorized pursuant to NRS 616B.527 or appropriately chosen 9
pursuant to subsection 3, 4 or 5 of NRS 616C.090. 10
8. If the certification of disability specifies that the physical 11
limitations or restrictions are temporary, the employer of the 12
employee at the time of the employee’s accident may offer 13
temporary, light-duty employment to the employee [.] to commence 14
on a date selected by the employer, which may be as soon as 15
practicable after the offer is made. If the employer makes such an 16
offer, the employer shall confirm the offer in writing within 10 days 17
after making the offer. The making, acceptance or rejection of an 18
offer of temporary, light-duty employment pursuant to this 19
subsection does not affect the eligibility of the employee to receive 20
vocational rehabilitation services, including compensation, and does 21
not exempt the employer from complying with NRS 616C.545 to 22
616C.575, inclusive, and 616C.590 or the regulations adopted by 23
the Division governing vocational rehabilitation services. Any offer 24
of temporary, light-duty employment made by the employer must 25
specify a position that: 26
(a) Is substantially similar to the employee’s position at the time 27
of his or her injury in relation to the location of the employment and 28
the [hours] schedule of shifts that the employee is required to work; 29
(b) Provides a gross wage that is: 30
(1) If the position is in the same classification of employment 31
[,] and the physical limitations or restrictions specified satisfy the 32
physical requirements of the position, equal to the gross wage the 33
employee was earning at the time of his or her injury; or 34
(2) If the position is not in the same classification of 35
employment, substantially similar to the gross wage [the] payable to 36
an employee [was earning at the time of his or her injury; and] that 37
works in a position in the same classification of employment; and 38
(c) Has the same employment benefits as the position of the 39
employee at the time of his or her injury [.] , subject to any 40
minimum requirements established by the provider of those 41
employment benefits. 42
9. If an injured employee accepts an offer of temporary, light-43
duty employment made pursuant to subsection 8 for a position that 44
is not in the same classification of employment and the gross 45
– 33 –
- *AB469*
wage, for the position specified in subparagraph (2) of paragraph 1
(b) of subsection 8, is less than the amount that the injured 2
employee is entitled to receive as benefits for a temporary total 3
disability, the injured employee is entitled to receive benefits for a 4
temporary partial disability pursuant to NRS 616C.500. 5
Sec. 22. NRS 616C.490 is hereby amended to read as follows: 6
616C.490 1. Except as otherwise provided in NRS 616C.175, 7
every employee, in the employ of an employer within the provisions 8
of chapters 616A to 616D, inclusive, of NRS, who is injured by an 9
accident arising out of and in the course of employment is entitled to 10
receive the compensation provided for permanent partial disability. 11
As used in this section, “disability” and “impairment of the whole 12
person” are equivalent terms. 13
2. Except as otherwise provided in subsection 3: 14
(a) Within 30 days after receiving from a physician or 15
chiropractic physician a report indicating that the injured employee 16
may have suffered a permanent disability and [is stable and ratable,] 17
has reached the maximum level of medical improvement, the 18
insurer shall schedule an appointment with the rating physician or 19
chiropractic physician selected pursuant to this subsection to 20
determine the extent of the employee’s disability. 21
(b) Unless the insurer and the injured employee otherwise agree 22
to a rating physician or chiropractic physician: 23
(1) The insurer shall select the rating physician or 24
chiropractic physician from the list of qualified rating physicians 25
and chiropractic physicians designated by the Administrator, to 26
determine the percentage of disability in accordance with the 27
American Medical Association’s Guides to the Evaluation of 28
Permanent Impairment as adopted and supplemented by the 29
Division pursuant to NRS 616C.110. 30
(2) Rating physicians and chiropractic physicians must be 31
selected at random from the list of qualified physicians and 32
chiropractic physicians designated by the Administrator unless the 33
physician or chiropractic physician who is selected is currently an 34
employee of the insurer making the selection, in which case another 35
random selection must be made until a physician or chiropractic 36
physician who is not currently an employee of the insurer is 37
selected. 38
(3) A rating physician or chiropractic physician selected 39
pursuant to subparagraph (1) or (2) may decline the selection if he 40
or she believes he or she does not have the ability to rate the 41
disability at issue. 42
3. Notwithstanding any other provision of law, an injured 43
employee or the legal representative of an injured employee may, at 44
any time, without limitation, request that the Administrator select a 45
– 34 –
- *AB469*
rating physician or chiropractic physician from the list of qualified 1
physicians and chiropractic physicians designated by the 2
Administrator. The Administrator, upon receipt of the request, shall 3
immediately select for the injured employee the rating physician or 4
chiropractic physician at random from the list. 5
4. If an insurer contacts a treating physician or chiropractic 6
physician to determine whether an injured employee has suffered a 7
permanent disability, the insurer shall deliver to the treating 8
physician or chiropractic physician that portion or a summary of that 9
portion of the American Medical Association’s Guides to the 10
Evaluation of Permanent Impairment as adopted by the Division 11
pursuant to NRS 616C.110 that is relevant to the type of injury 12
incurred by the employee. 13
5. At the request of the insurer, the injured employee shall, 14
before an evaluation by a rating physician or chiropractic physician 15
is performed, notify the insurer of: 16
(a) Any previous evaluations performed to determine the extent 17
of any of the employee’s disabilities; and 18
(b) Any previous injury, disease or condition sustained by the 19
employee which is relevant to the evaluation performed pursuant to 20
this section. 21
The notice must be on a form approved by the Administrator and 22
provided to the injured employee by the insurer at the time of the 23
insurer’s request. 24
6. Unless the regulations adopted pursuant to NRS 616C.110 25
provide otherwise, a rating evaluation must include an evaluation of 26
the loss of motion, sensation and strength of an injured employee if 27
the injury is of a type that might have caused such a loss. Except 28
in the case of claims accepted pursuant to NRS 616C.180, no factors 29
other than the degree of physical impairment of the whole person 30
may be considered in calculating the entitlement to compensation 31
for a permanent partial disability. 32
7. The rating physician or chiropractic physician shall provide 33
the insurer with his or her evaluation of the injured employee. After 34
receiving the evaluation, the insurer shall, within 14 days, provide 35
the employee with a copy of the evaluation and notify the employee: 36
(a) Of the compensation to which the employee is entitled 37
pursuant to this section; or 38
(b) That the employee is not entitled to benefits for permanent 39
partial disability. 40
8. Each 1 percent of impairment of the whole person must be 41
compensated by a monthly payment: 42
(a) Of 0.5 percent of the claimant’s average monthly wage for 43
injuries sustained before July 1, 1981; 44
– 35 –
- *AB469*
(b) Of 0.6 percent of the claimant’s average monthly wage for 1
injuries sustained on or after July 1, 1981, and before June 18, 1993; 2
(c) Of 0.54 percent of the claimant’s average monthly wage for 3
injuries sustained on or after June 18, 1993, and before January 1, 4
2000; and 5
(d) Of 0.6 percent of the claimant’s average monthly wage for 6
injuries sustained on or after January 1, 2000. 7
Compensation must commence on the date of the injury or the 8
day following the termination of temporary disability compensation, 9
if any, whichever is later, and must continue on a monthly basis for 10
5 years or until the claimant is 70 years of age, whichever is later. 11
9. Compensation benefits may be paid annually to claimants 12
who will be receiving less than $100 a month. 13
10. If there is a previous disability, the percentage of disability 14
for a subsequent injury must be determined pursuant to 15
NRS 616C.099. 16
11. In the event of a dispute over an award of compensation for 17
permanent partial disability, the insurer shall commence making 18
installment payments to the [injured employee] claimant for that 19
portion of the award that is not in dispute: 20
(a) Not later than the date by which such payment is required 21
pursuant to subsection 8 or 9, as applicable; and 22
(b) Without requiring the [injured employee] claimant to make 23
an election whether to receive his or her compensation in 24
installment payments or in a lump sum. 25
Upon the conclusion of the dispute, the claimant shall, in 26
accordance with the provisions of NRS 616C.495, make an 27
election whether to receive his or her award of compensation for 28
permanent partial disability in installment payments or in a lump 29
sum. 30
12. The Division may adopt schedules for rating permanent 31
disabilities resulting from injuries sustained before July 1, 1973, and 32
reasonable regulations to carry out the provisions of this section. 33
13. The increase in compensation and benefits effected by the 34
amendment of this section is not retroactive for accidents which 35
occurred before July 1, 1973. 36
14. This section does not entitle any person to double payments 37
for the death of an employee and a continuation of payments for a 38
permanent partial disability, or to a greater sum in the aggregate 39
than if the injury had been fatal. 40
15. The Administrator shall prepare and publish on the Internet 41
website of the Division an annual report which contains: 42
(a) The name of each rating physician or chiropractic physician 43
who was selected in the immediately preceding year to conduct an 44
– 36 –
- *AB469*
evaluation to determine the extent of an employee’s disability 1
pursuant to this section; and 2
(b) For each rating physician or chiropractic physician identified 3
pursuant to paragraph (a): 4
(1) The number of times the rating physician or chiropractic 5
physician was selected to conduct an evaluation to determine the 6
extent of an employee’s disability; and 7
(2) The number of evaluations that the rating physician or 8
chiropractic physician completed. 9
Sec. 23. NRS 616C.495 is hereby amended to read as follows: 10
616C.495 1. Except as otherwise provided in NRS 616C.380, 11
an award for a permanent partial disability may be paid in a lump 12
sum under the following conditions: 13
(a) A claimant injured on or after July 1, 1973, and before 14
July 1, 1981, who incurs a disability that does not exceed 12 percent 15
may elect to receive his or her compensation in a lump sum. A 16
claimant injured on or after July 1, 1981, and before July 1, 1995, 17
who incurs a disability that does not exceed 30 percent may elect to 18
receive his or her compensation in a lump sum. 19
(b) The spouse, or in the absence of a spouse, any dependent 20
child of a deceased claimant injured on or after July 1, 1973, who is 21
not entitled to compensation in accordance with NRS 616C.505, is 22
entitled to a lump sum equal to the present value of the deceased 23
claimant’s undisbursed award for a permanent partial disability. 24
(c) Any claimant injured on or after July 1, 1981, and before 25
July 1, 1995, who incurs a disability that exceeds 30 percent may 26
elect to receive his or her compensation in a lump sum equal to the 27
present value of an award for a disability of 30 percent. If the 28
claimant elects to receive compensation pursuant to this paragraph, 29
the insurer shall pay in installments to the claimant that portion of 30
the claimant’s disability in excess of 30 percent. 31
(d) Any claimant injured on or after July 1, 1995, and before 32
January 1, 2016, who incurs a disability that: 33
(1) Does not exceed 25 percent may elect to receive his or 34
her compensation in a lump sum. 35
(2) Exceeds 25 percent may: 36
(I) Elect to receive his or her compensation in a lump sum 37
equal to the present value of an award for a disability of 25 percent. 38
If the claimant elects to receive compensation pursuant to this sub-39
subparagraph, the insurer shall pay in installments to the claimant 40
that portion of the claimant’s disability in excess of 25 percent. 41
(II) To the extent that the insurer has offered to provide 42
compensation in a lump sum up to the present value of an award for 43
disability of 30 percent, elect to receive his or her compensation in a 44
lump sum up to the present value of an award for a disability of 30 45
– 37 –
- *AB469*
percent. If the claimant elects to receive compensation pursuant to 1
this sub-subparagraph, the insurer shall pay in installments to the 2
claimant that portion of the claimant’s disability in excess of 30 3
percent. 4
(e) Any claimant injured on or after January 1, 2016, and before 5
July 1, 2017, who incurs a disability that: 6
(1) Does not exceed 30 percent may elect to receive his or 7
her compensation in a lump sum. 8
(2) Exceeds 30 percent may elect to receive his or her 9
compensation in a lump sum equal to the present value of an award 10
for a disability of 30 percent. If the claimant elects to receive 11
compensation pursuant to this subparagraph, the insurer shall pay in 12
installments to the claimant that portion of the claimant’s disability 13
in excess of 30 percent. 14
(f) Any claimant injured on or after July 1, 2017, who incurs a 15
disability that: 16
(1) Does not exceed 30 percent may elect to receive his or 17
her compensation in a lump sum. 18
(2) Exceeds 30 percent may elect to receive his or her 19
compensation in a lump sum equal to the present value of an award 20
for a disability of up to 30 percent. If the claimant elects to receive 21
compensation pursuant to this subparagraph, the insurer shall pay in 22
installments to the claimant that portion of the claimant’s disability 23
in excess of 30 percent. 24
(g) If the permanent partial disability rating of a claimant 25
seeking compensation pursuant to this section would, when 26
combined with any previous permanent partial disability rating of 27
the claimant that resulted in an award of benefits to the claimant, 28
result in the claimant having a total permanent partial disability 29
rating in excess of 100 percent, the claimant’s disability rating upon 30
which compensation is calculated must be reduced by such 31
percentage as required to limit the total permanent partial disability 32
rating of the claimant for all injuries to not more than 100 percent. 33
2. If the claimant elects to receive his or her payment for a 34
permanent partial disability in a lump sum pursuant to subsection 1, 35
all of the claimant’s benefits for compensation terminate. [Except as 36
otherwise provided in paragraph (d), the] The claimant’s acceptance 37
of that payment constitutes a final settlement of all factual and legal 38
issues in the case. By [so] accepting payment for a permanent 39
partial disability in a lump sum pursuant to subsection 1, the 40
claimant waives all of his or her rights regarding the claim, 41
including the right to appeal from the closure of the case or the 42
percentage of his or her disability, except: 43
(a) The right of the claimant to: 44
– 38 –
- *AB469*
(1) Reopen his or her claim in accordance with the 1
provisions of NRS 616C.390; or 2
(2) Have his or her claim considered by his or her insurer 3
pursuant to NRS 616C.392; 4
(b) Any counseling, training or other rehabilitative services 5
provided by the insurer; and 6
(c) The right of the claimant to receive a benefit penalty in 7
accordance with NRS 616D.120 . [; and 8
(d) The right of the claimant to conclude or resolve any 9
contested matter which is pending at the time that the claimant 10
executes his or her election to receive his or her payment for a 11
permanent partial disability in a lump sum. The provisions of this 12
paragraph do not apply to: 13
(1) The scope of the claim; 14
(2) The claimant’s stable and ratable status; and 15
(3) The claimant’s average monthly wage.] 16
3. The claimant, when he or she demands payment in a lump 17
sum pursuant to subsection 2, must be provided with a written 18
notice which prominently displays a statement describing the effects 19
of accepting payment in a lump sum of an entire permanent partial 20
disability award, any portion of such an award or any uncontested 21
portion of such an award, and that the claimant has 20 days after the 22
mailing or personal delivery of the notice within which to retract or 23
reaffirm the demand, before payment may be made and the 24
claimant’s election becomes final. 25
4. Any lump-sum payment which has been paid on a claim 26
incurred on or after July 1, 1973, must be supplemented if necessary 27
to conform to the provisions of this section. 28
5. Except as otherwise provided in this subsection, the total 29
lump-sum payment for disablement must not be less than one-half 30
the product of the average monthly wage multiplied by the 31
percentage of disability. If the claimant received compensation in 32
installment payments for his or her permanent partial disability 33
before electing to receive payment for that disability in a lump sum, 34
the lump-sum payment must be calculated for the remaining 35
payment of compensation. 36
6. The lump sum payable must be equal to the present value of 37
the compensation awarded, less any advance payment or lump sum 38
previously paid. The present value must be calculated using monthly 39
payments in the amounts prescribed in subsection 8 of NRS 40
616C.490 and actuarial annuity tables adopted by the Division. The 41
tables must be reviewed annually by a consulting actuary and must 42
be adjusted accordingly on July 1 of each year by the Division 43
using: 44
– 39 –
- *AB469*
(a) The most recent unisex “Static Mortality Tables for Defined 1
Benefit Pension Plans” published by the Internal Revenue Service; 2
and 3
(b) The average 30-Year Treasury Constant Maturity Rate for 4
March of the current year as reported by the Board of Governors of 5
the Federal Reserve System. 6
7. To calculate the present value of a lump sum payable to a 7
claimant, the insurer shall use the actuarial annuity tables adopted 8
by the Division that are in effect on the date on which the claimant 9
elects payment in a lump sum. 10
8. If a claimant would receive more money by electing to 11
receive compensation in a lump sum than the claimant would if he 12
or she receives installment payments, the claimant may elect to 13
receive the lump-sum payment. 14
Sec. 24. NRS 616C.570 is hereby amended to read as follows: 15
616C.570 1. A plan for a program of vocational rehabilitation 16
developed pursuant to NRS 616C.555 may include a program for 17
on-the-job training, if the training is suitable for the injured 18
employee. 19
2. Before an injured employee may participate in a program for 20
on-the-job training, the insurer and the employer who is to provide 21
the training must execute a written agreement which contains a 22
statement of the cost of the training, a schedule of the training and 23
an explanation of the training . [and a schedule for that training.] 24
3. [Except as otherwise provided in subsection 4, the] The 25
insurer may pay [not more than 50 percent of the wages of] benefits 26
for a temporary partial disability to an injured employee who is 27
participating in a program for on-the-job training. [An insurer 28
contributing toward the wages of an injured employee shall pay the 29
employee within 10 days after the employee submits documentation 30
of his or her payroll to the insurer. The insurer shall not contribute 31
to the wages of the injured employee for more than the period 32
authorized for the particular employee pursuant to subsection 3 of 33
NRS 616C.555 or 616C.560. 34
4. The insurer shall, within 30 days after receipt of a request 35
for payment, reimburse the training employer for the wages paid by 36
the training employer to the injured employee pursuant to this 37
section if: 38
(a) After the successful completion of the training, the training 39
employer continues to employ the injured employee for at least 90 40
days in a position which requires the training so obtained; or 41
(b) The injured employee: 42
(1) Within 30 days after his or her successful completion of 43
the training, obtains employment which requires the skills obtained 44
– 40 –
- *AB469*
by him or her as a direct result of the training provided by the 1
training employer; and 2
(2) Retains that or similar employment for at least 6 months 3
after the completion of the training.] 4
Sec. 25. NRS 616D.120 is hereby amended to read as follows: 5
616D.120 1. Except as otherwise provided in this section, if 6
the Administrator determines that an insurer, organization for 7
managed care, health care provider, third-party administrator, 8
employer or professional employer organization has: 9
(a) Induced a claimant to fail to report an accidental injury or 10
occupational disease; 11
(b) Without justification, persuaded a claimant to: 12
(1) Settle for an amount which is less than reasonable; 13
(2) Settle for an amount which is less than reasonable while a 14
hearing or an appeal is pending; or 15
(3) Accept less than the compensation found to be due the 16
claimant by a hearing officer, appeals officer, court of competent 17
jurisdiction, written settlement agreement, written stipulation or the 18
Division when carrying out its duties pursuant to chapters 616A to 19
617, inclusive, of NRS; 20
(c) Refused to pay or unreasonably delayed payment to a 21
claimant of compensation or other relief found to be due the 22
claimant by a hearing officer, appeals officer, court of competent 23
jurisdiction, written settlement agreement, written stipulation or the 24
Division when carrying out its duties pursuant to chapters 616A to 25
616D, inclusive, or chapter 617 of NRS, if the refusal or delay 26
occurs: 27
(1) Later than 10 days after the date of the settlement 28
agreement or stipulation; 29
(2) Later than 30 days after the date of the decision of a 30
court, hearing officer, appeals officer or the Division, unless a stay 31
has been granted; or 32
(3) Later than 10 days after a stay of the decision of a court, 33
hearing officer, appeals officer or the Division has been lifted; 34
(d) Refused to process a claim for compensation pursuant to 35
chapters 616A to 616D, inclusive, or chapter 617 of NRS; 36
(e) Made it necessary for a claimant to initiate proceedings 37
pursuant to chapters 616A to 616D, inclusive, or chapter 617 of 38
NRS for compensation or other relief found to be due the claimant 39
by a hearing officer, appeals officer, court of competent jurisdiction, 40
written settlement agreement, written stipulation or the Division 41
when carrying out its duties pursuant to chapters 616A to 616D, 42
inclusive, or chapter 617 of NRS; 43
– 41 –
- *AB469*
(f) Failed to comply with the Division’s regulations covering the 1
payment of an assessment relating to the funding of costs of 2
administration of chapters 616A to 617, inclusive, of NRS; 3
(g) Failed to provide or unreasonably delayed payment to an 4
injured employee or reimbursement to an insurer pursuant to 5
NRS 616C.165; 6
(h) Engaged in a pattern of untimely payments to injured 7
employees; or 8
(i) Intentionally failed to comply with any provision of, or 9
regulation adopted pursuant to, this chapter or chapter 616A, 616B, 10
616C or 617 of NRS, 11
the Administrator shall impose an administrative fine of $1,500 12
for each initial violation, or a fine of $15,000 for a second or 13
subsequent violation. 14
2. Except as otherwise provided in chapters 616A to 616D, 15
inclusive, or chapter 617 of NRS, if the Administrator determines 16
that an insurer, organization for managed care, health care provider, 17
third-party administrator, employer or professional employer 18
organization has failed to comply with any provision of this chapter 19
or chapter 616A, 616B, 616C or 617 of NRS, or any regulation 20
adopted pursuant thereto, the Administrator may take any of the 21
following actions: 22
(a) Issue a notice of correction for: 23
(1) A minor violation, as defined by regulations adopted by 24
the Division; or 25
(2) A violation involving the payment of compensation in an 26
amount which is greater than that required by any provision of this 27
chapter or chapter 616A, 616B, 616C or 617 of NRS, or any 28
regulation adopted pursuant thereto. 29
The notice of correction must set forth with particularity the 30
violation committed and the manner in which the violation may be 31
corrected. The provisions of this section do not authorize the 32
Administrator to modify or negate in any manner a determination or 33
any portion of a determination made by a hearing officer, appeals 34
officer or court of competent jurisdiction or a provision contained in 35
a written settlement agreement or written stipulation. 36
(b) Impose an administrative fine pursuant to subsection 3 for: 37
(1) A [second or subsequent] violation for which a notice of 38
correction has been issued pursuant to paragraph (a); or 39
(2) Any other violation of this chapter or chapter 616A, 40
616B, 616C or 617 of NRS, or any regulation adopted pursuant 41
thereto, for which a notice of correction may not be issued pursuant 42
to paragraph (a). 43
– 42 –
- *AB469*
[ The fine imposed must not be greater than $375 for an initial 1
violation, or more than $3,000 for any second or subsequent 2
violation.] 3
(c) Order a plan of corrective action to be submitted to the 4
Administrator within 30 days after the date of the order. 5
3. Except as otherwise provided in this subsection, an 6
administrative fine imposed pursuant to paragraph (b) of 7
subsection 2 must not be more than: 8
(a) Three hundred seventy-five dollars for the first violation of 9
a particular type; 10
(b) Seven hundred fifty dollars for a second violation of the 11
same type; 12
(c) One thousand five hundred dollars for a third violation of 13
the same type; and 14
(d) Three thousand dollars for a fourth or any subsequent 15
violation of the same type. 16
If the Administrator determines that an insurer, organization 17
for managed care, health care provider, third-party administrator, 18
employer or professional employer organization has, for a period 19
of 2 years, complied with its plan of corrective action submitted to 20
the Administrator pursuant to paragraph (c) of subsection 2 and 21
committed no additional violations as set forth in that plan, the 22
Administrator shall set the amount of the next administrative fine, 23
if any, imposed against the insurer, organization for managed 24
care, health care provider, third-party administrator, employer or 25
professional employer organization, as applicable, as if that 26
insurer, organization for managed care, health care provider, 27
third-party administrator, employer or professional employer 28
organization, as applicable, had previously committed no 29
violations of any type. 30
4. If the Administrator determines that a violation of any of the 31
provisions of paragraphs (a) to (e), inclusive, (h) or (i) of subsection 32
1 has occurred, the Administrator shall order the insurer, 33
organization for managed care, health care provider, third-party 34
administrator, employer or professional employer organization to 35
pay to the claimant a benefit penalty: 36
(a) Except as otherwise provided in paragraph (b), in an amount 37
that is not less than $17,000 and not greater than $120,000; or 38
(b) Of $3,000 if the violation involves a late payment of 39
compensation or other relief to a claimant in an amount which is 40
less than $500 or which is not more than 14 days late. 41
[4.] 5. To determine the amount of the benefit penalty, the 42
Administrator shall consider the degree of physical harm suffered by 43
the injured employee or the dependents of the injured employee as a 44
result of the violation of paragraph (a), (b), (c), (d), (e), (h) or (i) of 45
– 43 –
- *AB469*
subsection 1, the amount of compensation found to be due the 1
claimant and the number of fines and benefit penalties, other than a 2
benefit penalty described in paragraph (b) of subsection [3,] 4, 3
previously imposed against the insurer, organization for managed 4
care, health care provider, third-party administrator, employer or 5
professional employer organization pursuant to this section. The 6
Administrator shall also consider the degree of economic harm 7
suffered by the injured employee or the dependents of the injured 8
employee as a result of the violation of paragraph (a), (b), (c), (d), 9
(e), (h) or (i) of subsection 1. Except as otherwise provided in this 10
section, the benefit penalty is for the benefit of the claimant and 11
must be paid directly to the claimant within 15 days after the date of 12
the Administrator’s determination. If the claimant is the injured 13
employee and the claimant dies before the benefit penalty is paid to 14
him or her, the benefit penalty must be paid to the estate of the 15
claimant. Proof of the payment of the benefit penalty must be 16
submitted to the Administrator within 15 days after the date of the 17
Administrator’s determination unless an appeal is filed pursuant to 18
NRS 616D.140 and [a stay has been granted.] the appeals process is 19
not yet complete. Any compensation to which the claimant may 20
otherwise be entitled pursuant to chapters 616A to 616D, inclusive, 21
or chapter 617 of NRS must not be reduced by the amount of any 22
benefit penalty received pursuant to this subsection. To determine 23
the amount of the benefit penalty in cases of multiple violations 24
occurring within a certain period of time, the Administrator shall 25
adopt regulations which take into consideration: 26
(a) The number of violations within a certain number of years 27
for which a benefit penalty was imposed; and 28
(b) The number of claims handled by the insurer, organization 29
for managed care, health care provider, third-party administrator, 30
employer or professional employer organization in relation to the 31
number of benefit penalties previously imposed within the period of 32
time prescribed pursuant to paragraph (a). 33
[5.] 6. In addition to any fine or benefit penalty imposed 34
pursuant to this section, the Administrator may assess against an 35
insurer who violates any regulation concerning the reporting of 36
claims expenditures or premiums received that are used to calculate 37
an assessment an administrative penalty of up to twice the amount 38
of any underpaid assessment. 39
[6.] 7. If: 40
(a) The Administrator determines that a person has violated any 41
of the provisions of NRS 616D.200, 616D.220, 616D.240, 42
616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and 43
(b) The Fraud Control Unit for Industrial Insurance of the Office 44
of the Attorney General established pursuant to NRS 228.420 45
– 44 –
- *AB469*
notifies the Administrator that the Unit will not prosecute the person 1
for that violation, 2
the Administrator shall impose an administrative fine of not more 3
than $15,000. 4
[7.] 8. Two or more fines of $1,000 or more imposed in 1 year 5
for acts enumerated in subsection 1 must be considered by the 6
Commissioner as evidence for the withdrawal of: 7
(a) A certificate to act as a self-insured employer. 8
(b) A certificate to act as an association of self-insured public or 9
private employers. 10
(c) A certificate of registration as a third-party administrator. 11
[8.] 9. The Commissioner may, without complying with the 12
provisions of NRS 616B.327 or 616B.431, withdraw the 13
certification of a self-insured employer, association of self-insured 14
public or private employers or third-party administrator if, after a 15
hearing, it is shown that the self-insured employer, association of 16
self-insured public or private employers or third-party administrator 17
violated any provision of subsection 1. 18
[9.] 10. If the Administrator determines that a vocational 19
rehabilitation counselor has violated the provisions of NRS 20
616C.543, the Administrator may impose an administrative fine on 21
the vocational rehabilitation counselor of not more than $250 for a 22
first violation, $500 for a second violation and $1,000 for a third or 23
subsequent violation. 24
[10.] 11. The Administrator may make a claim against the 25
bond required pursuant to NRS 683A.0857 for the payment of any 26
administrative fine or benefit penalty imposed for a violation of the 27
provisions of this section. 28
Sec. 26. NRS 616D.130 is hereby amended to read as follows: 29
616D.130 1. Upon receipt of a complaint for a violation of 30
subsection 1, 2 or [3] 4 of NRS 616D.120, or if the Administrator 31
has reason to believe that such a violation has occurred, the 32
Administrator shall: 33
(a) Promptly provide a copy of the complaint, or an explanation 34
of the reason the Administrator believes that a violation has 35
occurred to: 36
(1) The Commissioner; and 37
(2) The insurer, organization for managed care, health care 38
provider, third-party administrator, employer or professional 39
employer organization that allegedly committed the violation; and 40
(b) Cause to be conducted an investigation of the alleged 41
violation. 42
2. The Administrator shall: 43
(a) Within 30 days after receipt of a complaint pursuant to 44
subsection 1, initiate an investigation; 45
– 45 –
- *AB469*
(b) Within 60 days after the date on which the investigation is 1
initiated, complete the investigation; and 2
(c) Within 30 days after the investigation is completed, render a 3
determination and deliver a copy of the determination to: 4
(1) The Commissioner; and 5
(2) The insurer, organization for managed care, health care 6
provider, third-party administrator, employer or professional 7
employer organization that was the subject of the investigation. 8
3. The determination rendered pursuant to subsection 2 must 9
include the Administrator’s findings of fact, any settlement 10
agreement on the matter and, if the Administrator determines that a 11
violation has occurred, one or more of the following: 12
(a) The amount of any fine required to be paid pursuant to 13
NRS 616D.120. 14
(b) The amount of any benefit penalty required to be paid to a 15
claimant pursuant to NRS 616D.120. 16
(c) A plan of corrective action to be taken by the insurer, 17
organization for managed care, health care provider, third-party 18
administrator or employer, including the manner and time within 19
which the violation must be corrected. 20
(d) A requirement that notice of the violation be given to the 21
appropriate agency that regulates the activities of the violator. 22
4. If, based upon the Administrator’s findings of fact, the 23
Administrator determines that a violation has not occurred, the 24
Administrator shall issue a determination to that effect. 25
Sec. 27. NRS 616D.140 is hereby amended to read as follows: 26
616D.140 1. If a person wishes to contest a decision of the 27
Administrator to impose or refuse to impose a benefit penalty 28
pursuant to NRS 616D.120, the person must file a notice of appeal 29
with an appeals officer in accordance with this section. The notice 30
of appeal must set forth the reasons the proposed benefit penalty 31
should or should not be imposed. 32
2. A person who is aggrieved by: 33
(a) A written determination of the Administrator; or 34
(b) The failure of the Administrator to respond within 120 days 35
to a complaint filed pursuant to NRS 616D.130 and received by the 36
Administrator from the person who is aggrieved, 37
may appeal from the determination or failure to respond by filing 38
a request for a hearing before an appeals officer. The request must 39
be filed within 30 days after the date on which the notice of the 40
Administrator’s determination was mailed by the Administrator or 41
within 150 days after the date on which the unanswered complaint 42
was received by the Administrator, as applicable. The failure of the 43
Administrator to respond within 120 days after receipt of the 44
complaint shall be deemed by the appeals officer to be a denial of 45
– 46 –
- *AB469*
any allegation of a violation of subsection 1, 2 or [3] 4 of NRS 1
616D.120 set forth in the complaint. After the expiration of the 120-2
day period after receipt of the complaint, the Administrator shall 3
have no further jurisdiction to issue a determination concerning the 4
complaint, and only the appeals officer shall have jurisdiction over 5
the decision to impose or refuse to impose the benefit penalty. 6
3. If a notice of appeal is not filed as required by this section, 7
the imposition of or refusal to impose the benefit penalty shall be 8
deemed a final order and is not subject to review by any court or 9
agency. 10
4. A hearing held pursuant to this section must be conducted by 11
the appeals officer as a hearing de novo. The appeals officer shall 12
render a written decision on the appeal. Except as otherwise 13
provided in this section, the provisions of NRS 616C.345 to 14
616C.385, inclusive, apply to an appeal filed pursuant to this 15
section. 16
5. A benefit penalty imposed pursuant to NRS 616D.120 must 17
be paid to the claimant on whose behalf it is imposed. If such a 18
payment is not made within the period required by NRS 616D.120, 19
the benefit penalty may be recovered in a civil action brought by the 20
Administrator on behalf of the claimant in a court of competent 21
jurisdiction in the county in which the claimant resides, in which the 22
violation occurred or in which the person who is required to pay the 23
benefit penalty has his or her principal place of business. 24
6. Any party aggrieved by a decision issued pursuant to this 25
section by an appeals officer may appeal the decision directly to the 26
district court. 27
7. If an appeals officer or district court renders a decision 28
upholding the imposition of a benefit penalty, the insurer, 29
organization for managed care, health care provider, third-party 30
administrator, employer or professional employer organization upon 31
which the benefit penalty is imposed shall, not later than 30 days 32
after the date on which the decision is rendered [, unless an appeal is 33
filed and a stay has been granted,] and the appeals process is 34
complete, pay to the claimant the benefit penalty in an amount equal 35
to twice the amount of the benefit penalty initially imposed. 36
8. If a claimant enters into a settlement agreement with an 37
insurer, organization for managed care, health care provider, third-38
party administrator, employer or professional employer organization 39
concerning the amount of a benefit penalty owed to the claimant, the 40
insurer, organization for managed care, health care provider, third-41
party administrator, employer or professional employer organization 42
shall pay directly to the claimant the amount agreed upon in the 43
settlement agreement not later than 15 days after the date on which 44
the settlement agreement is made. 45
– 47 –
- *AB469*
9. If an insurer, organization for managed care, health care 1
provider, third-party administrator, employer or professional 2
employer organization fails to pay a benefit penalty to a claimant 3
within the time limits imposed by this section or subsection [4] 5 of 4
NRS 616D.120, the Commissioner may suspend, pending an 5
investigation or any other disciplinary action, any certificate issued 6
by the Commissioner to the insurer, organization for managed care, 7
health care provider, third-party administrator, employer or 8
professional employer organization, as applicable. 9
Sec. 28. NRS 618.9909 is hereby amended to read as follows: 10
618.9909 1. The Division shall, by regulation, approve 11
OSHA-10 courses and OSHA-30 courses for the purposes of 12
fulfilling the requirements of NRS 618.9911. 13
2. The Division shall establish a registry to track the providers 14
of courses approved pursuant to subsection 1. 15
[3. The Division shall adopt regulations that set forth 16
guidelines for job-specific training to qualify as continuing 17
education for the purposes of NRS 618.9911.] 18
Sec. 29. NRS 618.9911 is hereby amended to read as follows: 19
618.9911 1. The provisions of subsections 2 and 3 do not 20
apply to a worker who is employed by a single employer for a 21
period of less than 15 consecutive days. 22
2. Not later than 15 days after the date a worker other than a 23
supervisory employee begins work on a site, the worker must obtain 24
a completion card for an OSHA-10 course which is issued upon 25
completion of a course approved by the Division pursuant to 26
NRS 618.9909. 27
3. Not later than 15 days after the date a supervisory employee 28
begins work on a site, the supervisory employee must obtain a 29
completion card for an OSHA-30 course which is issued upon 30
completion of a course approved by the Division pursuant to 31
NRS 618.9909. 32
[4. Any completion card used to satisfy the requirements of 33
this section expires 5 years after the date it is issued and may be 34
renewed by: 35
(a) Completing an OSHA-10 course or OSHA-30 course, as 36
applicable, within the previous 5 years; or 37
(b) Providing proof satisfactory to the Division that the worker 38
has completed continuing education within the previous 5 years 39
consisting of job-specific training that meets the guidelines 40
established by the Division pursuant to NRS 618.9909 in an amount 41
of: 42
(1) For a completion card issued for an OSHA-10 course, not 43
less than 5 hours; or 44
– 48 –
- *AB469*
(2) For a completion card issued for an OSHA-30 course, not 1
less than 15 hours.] 2
Sec. 30. NRS 618.9927 is hereby amended to read as follows: 3
618.9927 1. The Division shall, by regulation, approve 4
OSHA-10 courses and OSHA-30 courses for the purposes of 5
fulfilling the requirements of NRS 618.9929. 6
2. The Division shall establish a registry to track the providers 7
of courses approved pursuant to subsection 1. 8
[3. The Division shall adopt regulations that set forth 9
guidelines for job-specific training to qualify as continuing 10
education for the purposes of NRS 618.9929.] 11
Sec. 31. NRS 618.9929 is hereby amended to read as follows: 12
618.9929 1. Not later than 15 days after the date a worker 13
other than a supervisory employee is hired, the worker must obtain a 14
completion card for an OSHA-10 course which is issued upon 15
completion of a course approved by the Division pursuant to 16
NRS 618.9927. 17
2. Not later than 15 days after the date a supervisory employee 18
is hired, the supervisory employee must obtain a completion card for 19
an OSHA-30 course which is issued upon completion of a course 20
approved by the Division pursuant to NRS 618.9927. 21
[3. Any completion card used to satisfy the requirements of 22
this section expires 5 years after the date it is issued and may be 23
renewed by: 24
(a) Completing an OSHA-10 course or OSHA-30 course, as 25
applicable, within the previous 5 years; or 26
(b) Providing proof satisfactory to the Division that the worker 27
has completed continuing education within the previous 5 years 28
consisting of job-specific training that meets the guidelines 29
established by the Division pursuant to NRS 618.9927 in an amount 30
of: 31
(1) For a completion card issued for an OSHA-10 course, not 32
less than 5 hours; or 33
(2) For a completion card issued for an OSHA-30 course, not 34
less than 15 hours.] 35
Sec. 32. 1. The provisions of any administrative regulations 36
which conflict or are inconsistent with the provisions of this act are 37
void, including, without limitation, the provisions of any 38
administrative regulations which impose an assessment relating to a 39
subsequent injury account pursuant to NRS 616B.554, 616B.575 or 40
616B.584 as those sections existed before October 1, 2025. 41
2. As used in this section, “subsequent injury account” means: 42
(a) The Subsequent Injury Account for Self-Insured Employers 43
created by NRS 616B.554; 44
– 49 –
- *AB469*
(b) The Subsequent Injury Account for Associations of Self-1
Insured Public or Private Employers created by NRS 616B.575; and 2
(c) The Subsequent Injury Account for Private Carriers created 3
by NRS 616B.584. 4
Sec. 33. The amendatory provisions of sections 4 to 27, 5
inclusive, and 32 of this act do not affect a claim, action or 6
proceeding commenced or right accrued before October 1, 2025. 7
Sec. 34. NRS 616B.222 is hereby repealed. 8
TEXT OF REPEALED SECTION
616B.222 Determination of total amount paid to employees
for services performed during policy year. To determine the
total amount paid to employees for services performed, the
maximum amount paid to any one employee during a policy year
shall be deemed to be $36,000.
H