S.B. 170
- *SB170*
SENATE BILL NO. 170–SENATOR STEINBECK
PREFILED FEBRUARY 3, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to industrial insurance.
(BDR 53-632)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§§ 1, 2)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to industrial insurance; requiring a firefighter or
volunteer firefighter to submit to an annual cancer
screening for certain industrial insurance coverage for
cancer; revising provisions governing the administration
of physical examinations required of certain firefighters,
arson investigators and police officers for certain
industrial insurance coverage for lung disease and heart
disease; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Under existing law, an employee who contracts an occupational disease arising 1
out of and in the course of his or her employment is generally entitled to receive 2
compensation under industrial insurance. (Chapter 617 of NRS) Existing law 3
provides that certain diseases of the lungs and heart contracted by certain 4
firefighters, arson investigators, volunteer firefighters and police officers are 5
occupational diseases for which the employee is entitled to compensation under 6
certain circumstances. Under existing law, an employee covered by those 7
provisions is required to submit to a physical examination upon employment, upon 8
commencement of coverage and periodically thereafter, the frequency of which 9
depends on the age and occupation of the employee. (NRS 617.455, 617.457) 10
Sections 2-4 of this bill revise requirements for the administering of such a physical 11
examination. Section 2: (1) requires such a physical examination to be 12
administered by a licensed physician or advanced practice registered nurse who is 13
knowledgeable about the physical demands of firefighting and law enforcement; 14
and (2) sets forth various tests and examinations that such a physical examination 15
must include. 16
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Under existing law, cancer contracted by certain firefighters, volunteer 17
firefighters or certain other employees resulting in either temporary or permanent 18
disability or death is an occupational disease and compensable under industrial 19
insurance under certain circumstances. (NRS 617.453) Section 1 of this bill 20
requires a firefighter or volunteer firefighter to submit to a cancer screening upon 21
employment, upon commencement of coverage and thereafter on an annual basis 22
during his or her employment. Section 2 sets forth various requirements for the 23
administration of such a cancer screening. 24
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 617.453 is hereby amended to read as follows: 1
617.453 1. Notwithstanding any other provision of this 2
chapter, cancer, resulting in either temporary or permanent 3
disability, or death, is an occupational disease and compensable as 4
such under the provisions of this chapter if: 5
(a) The cancer develops or manifests itself out of and in the 6
course of the employment of a person who, for 5 years or more, has 7
been: 8
(1) Employed in this State in a full-time salaried occupation 9
as: 10
(I) A firefighter for the benefit or safety of the public; 11
(II) An investigator of fires or arson; or 12
(III) An instructor or officer for the provision of training 13
concerning fire or hazardous materials; or 14
(2) Acting as a volunteer firefighter in this State and is 15
entitled to the benefits of chapters 616A to 616D, inclusive, of NRS 16
pursuant to the provisions of NRS 616A.145; and 17
(b) It is demonstrated that: 18
(1) The person was exposed, while in the course of the 19
employment, to a known carcinogen, or a substance reasonably 20
anticipated to be a human carcinogen, as defined by the 21
International Agency for Research on Cancer or the National 22
Toxicology Program; and 23
(2) The carcinogen or substance, as applicable, is reasonably 24
associated with the disabling cancer. 25
2. With respect to a person who, for 5 years or more, has been 26
employed in this State as a firefighter, investigator, instructor or 27
officer described in subparagraph (1) of paragraph (a) of subsection 28
1, or has acted as a volunteer firefighter in this State as described in 29
subparagraph (2) of paragraph (a) of subsection 1, the following 30
substances shall be deemed, for the purposes of paragraph (b) of 31
subsection 1, to be known carcinogens that are reasonably 32
associated with the following disabling cancers: 33
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(a) Diesel exhaust, formaldehyde and polycyclic aromatic 1
hydrocarbon shall be deemed to be known carcinogens that are 2
reasonably associated with bladder cancer. 3
(b) Acrylonitrile, formaldehyde and vinyl chloride shall be 4
deemed to be known carcinogens that are reasonably associated with 5
brain cancer. 6
(c) Asbestos, benzene, diesel exhaust and soot, digoxin, ethylene 7
oxide, polychlorinated biphenyls and polycyclic aromatic 8
hydrocarbon shall be deemed to be known carcinogens that are 9
reasonably associated with breast cancer. 10
(d) Diesel exhaust and formaldehyde shall be deemed to be 11
known carcinogens that are reasonably associated with colon cancer. 12
(e) Diesel exhaust and soot, formaldehyde and polycyclic 13
aromatic hydrocarbon shall be deemed to be known carcinogens that 14
are reasonably associated with esophageal cancer. 15
(f) Formaldehyde shall be deemed to be a known carcinogen 16
that is reasonably associated with Hodgkin’s lymphoma. 17
(g) Formaldehyde and polycyclic aromatic hydrocarbon shall be 18
deemed to be known carcinogens that are reasonably associated with 19
kidney cancer. 20
(h) Benzene, diesel exhaust and soot, formaldehyde, 1,3-21
butadiene and polycyclic aromatic hydrocarbon shall be deemed to 22
be known carcinogens that are reasonably associated with leukemia. 23
(i) Chloroform, soot and vinyl chloride shall be deemed to be 24
known carcinogens that are reasonably associated with liver cancer. 25
(j) Arsenic, asbestos, cadmium, chromium compounds, oils, 26
polycyclic aromatic hydrocarbon, radon, silica, soot and tars shall be 27
deemed to be known carcinogens that are reasonably associated with 28
lung cancer. 29
(k) Acrylonitrile, benzene, formaldehyde, polycyclic aromatic 30
hydrocarbon, soot and vinyl chloride shall be deemed to be known 31
carcinogens that are reasonably associated with lymphatic or 32
hematopoietic cancer. 33
(l) Diesel exhaust, soot, aldehydes and polycyclic aromatic 34
hydrocarbon shall be deemed to be known carcinogens that are 35
reasonably associated with basal cell carcinoma, squamous cell 36
carcinoma and malignant melanoma. 37
(m) Benzene, dioxins and glyphosate shall be deemed to be 38
known carcinogens that are reasonably associated with multiple 39
myeloma. 40
(n) Arsenic, asbestos, benzene, diesel exhaust and soot, 41
formaldehyde and hydrogen chloride shall be deemed to be known 42
carcinogens that are reasonably associated with nasopharyngeal 43
cancer, including laryngeal cancer and pharyngeal cancer. 44
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(o) Benzene, chronic hepatitis B and C viruses, formaldehyde 1
and polychlorinated biphenyls shall be deemed to be known 2
carcinogens that are reasonably associated with non-Hodgkin’s 3
lymphoma. 4
(p) Asbestos, benzene and formaldehyde shall be deemed to be 5
known carcinogens that are reasonably associated with ovarian 6
cancer. 7
(q) Polycyclic aromatic hydrocarbon shall be deemed to be a 8
known carcinogen that is reasonably associated with pancreatic 9
cancer. 10
(r) Acrylonitrile, benzene and formaldehyde shall be deemed to 11
be known carcinogens that are reasonably associated with prostate 12
cancer. 13
(s) Diesel exhaust and soot, formaldehyde and polycyclic 14
aromatic hydrocarbon shall be deemed to be known carcinogens that 15
are reasonably associated with rectal cancer. 16
(t) Chlorophenols, chlorophenoxy herbicides and 17
polychlorinated biphenyls shall be deemed to be known carcinogens 18
that are reasonably associated with soft tissue sarcoma. 19
(u) Diesel exhaust and soot, formaldehyde and polycyclic 20
aromatic hydrocarbon shall be deemed to be known carcinogens that 21
are reasonably associated with stomach cancer. 22
(v) Diesel exhaust, soot and polychlorinated biphenyls shall be 23
deemed to be known carcinogens that are reasonably associated with 24
testicular cancer. 25
(w) Diesel exhaust, benzene and X-ray radiation shall be 26
deemed to be known carcinogens that are reasonably associated with 27
thyroid cancer. 28
(x) Diesel exhaust and soot, formaldehyde and polycyclic 29
aromatic hydrocarbon shall be deemed to be known carcinogens that 30
are reasonably associated with urinary tract cancer and ureteral 31
cancer. 32
(y) Benzene and polycyclic aromatic hydrocarbon shall be 33
deemed to be known carcinogens that are reasonably associated with 34
uterine cancer. 35
3. The provisions of subsection 2 do not create an exclusive list 36
and do not preclude any person from demonstrating, on a case-by-37
case basis for the purposes of paragraph (b) of subsection 1, that a 38
substance is a known carcinogen or is reasonably anticipated to be a 39
human carcinogen, including an agent classified by the International 40
Agency for Research on Cancer in Group 1 or Group 2A, that is 41
reasonably associated with a disabling cancer. 42
4. Except as otherwise provided in subsection 10, 43
compensation awarded to the employee or his or her dependents for 44
disabling cancer pursuant to this section must include: 45
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(a) Full reimbursement for related expenses incurred for medical 1
treatments, surgery and hospitalization in accordance with the 2
schedule of fees and charges established pursuant to NRS 616C.260 3
or, if the insurer has contracted with an organization for managed 4
care or with providers of health care pursuant to NRS 616B.527, the 5
amount that is allowed for the treatment or other services under that 6
contract; and 7
(b) The compensation provided in chapters 616A to 616D, 8
inclusive, of NRS for the disability or death. 9
5. For a person who has been employed in this State as a 10
firefighter, investigator, instructor or officer described in 11
subparagraph (1) of paragraph (a) of subsection 1, or has acted as a 12
volunteer firefighter in this State as described in subparagraph (2) of 13
paragraph (a) of subsection 1, disabling cancer is rebuttably 14
presumed to have arisen out of and in the course of the employment 15
of the person if the disease is diagnosed during the course of the 16
person’s employment described in paragraph (a) of subsection 1. 17
6. For a person who has been employed in this State as a 18
firefighter, investigator, instructor or officer described in 19
subparagraph (1) of paragraph (a) of subsection 1 and who retires 20
before July 1, 2019, or has acted as a volunteer firefighter in this 21
State as described in subparagraph (2) of paragraph (a) of subsection 22
1, regardless of the date on which the volunteer firefighter retires, 23
disabling cancer is rebuttably presumed to have arisen out of and in 24
the course of the person’s employment pursuant to this subsection. 25
This rebuttable presumption applies to disabling cancer diagnosed 26
after the termination of the person’s employment if the diagnosis 27
occurs within a period, not to exceed 60 months, which begins with 28
the last date the employee actually worked in the qualifying capacity 29
and extends for a period calculated by multiplying 3 months by the 30
number of full years of his or her employment. 31
7. For a person who has been employed in this State as a 32
firefighter, investigator, instructor or officer described in 33
subparagraph (1) of paragraph (a) of subsection 1 and who retires on 34
or after July 1, 2019, disabling cancer is rebuttably presumed to 35
have arisen out of and in the course of the person’s employment 36
pursuant to this subsection. This rebuttable presumption applies to 37
disabling cancer diagnosed: 38
(a) If the person ceases employment before completing 20 years 39
of service as a firefighter, investigator, instructor or officer, during 40
the period after separation from employment which is equal to the 41
number of years worked; or 42
(b) If the person ceases employment after completing 20 years 43
or more of service as a firefighter, investigator, instructor or officer, 44
at any time during the person’s life. 45
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8. Service credit which is purchased in a retirement system 1
must not be used to calculate the number of years of service or 2
employment of a person for the purposes of this section. 3
9. A rebuttable presumption created by subsection 5, 6 or 7 4
must control the awarding of benefits pursuant to this section unless 5
evidence to rebut the presumption is presented. The provisions of 6
subsections 5, 6 and 7 do not create a conclusive presumption. 7
10. A person who files a claim for a disabling cancer pursuant 8
to subsection 7 after he or she retires from employment as a 9
firefighter, investigator of fires or arson, or instructor or officer for 10
the provision of training concerning fire or hazardous materials is 11
not entitled to receive any compensation for that disease other than 12
medical benefits. 13
11. Each person who is employed as a firefighter or acting as 14
a volunteer firefighter and who is to be covered for cancer 15
pursuant to the provisions of this section shall submit to a cancer 16
screening upon employment, upon commencement of coverage 17
and thereafter on an annual basis during his or her employment. 18
12. All cancer screenings required pursuant to subsection 11 19
must be paid for by the employer. 20
Sec. 2. NRS 617.454 is hereby amended to read as follows: 21
617.454 1. Any physical examination administered pursuant 22
to NRS 617.455 or 617.457 or cancer screening administered 23
pursuant to NRS 617.453 must be administered by a physician 24
licensed pursuant to chapter 630 or 633 of NRS or advanced 25
practice registered nurse licensed pursuant to NRS 632.237 who is 26
knowledgeable about the physical demands of firefighting and law 27
enforcement. 28
2. Any physical examination administered pursuant to NRS 29
617.455 or 617.457 must include: 30
(a) A thorough test of the functioning of the hearing of the 31
employee [; and] , which must consist of a pure-tone test that is 32
performed: 33
(1) In a soundproof booth approved by the American 34
National Standards Institute; 35
(2) Using frequencies ranging from 500 hertz to 8000 hertz; 36
and 37
(3) Separately on each ear; 38
(b) A purified protein derivative skin test or tuberculin blood 39
test to screen for exposure to tuberculosis [. 40
2.] ; 41
(c) A hands-on physical examination, which must consist of: 42
(1) An examination of the vital signs of the employee, 43
including, without limitation, the height, weight, blood pressure, 44
temperature, heart rate and respiratory rate of the employee; 45
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(2) An examination of the head, eyes, ears, nose and throat 1
of the employee; 2
(3) An examination of the neck of the employee; 3
(4) A cardiovascular examination using the methods of 4
inspection, auscultation, percussion and palpation; 5
(5) A pulmonary examination using the methods of 6
inspection, auscultation, percussion and palpation; 7
(6) A gastrointestinal examination using the methods of 8
inspection, auscultation, percussion and palpation; 9
(7) A genitourinary examination; 10
(8) An examination of the cervical, auxiliary and inguinal 11
lymph nodes of the employee; 12
(9) A neurological examination evaluating the general 13
mental status of the employee; 14
(10) A cranial nerve examination; 15
(11) A peripheral nerve examination that tests for 16
sensation, motor function and reflexes; 17
(12) A musculoskeletal examination that tests the range of 18
motion for all joints; and 19
(13) An examination of the skin of the employee for color, 20
vascularity, lesions and edema; 21
(d) An analysis of the blood of the employee, which must 22
include, without limitation: 23
(1) A white blood cell count; 24
(2) A blood differential test; 25
(3) A red blood cell count; 26
(4) A platelet count; 27
(5) An aspartate aminotransferase test; 28
(6) An alanine aminotransferase test; 29
(7) A lactate dehydrogenase test; 30
(8) An alkaline phosphatase test; 31
(9) A bilirubin test; 32
(10) An albumin test; 33
(11) A blood glucose test; 34
(12) If the results of the blood glucose test reveal a glucose 35
level of more than 120 milligrams per decilitre, a hemoglobin A1C 36
test; 37
(13) A creatinine test; 38
(14) A glomerular filtration rate test; 39
(15) A blood urea nitrogen test; 40
(16) A sodium test; 41
(17) A potassium test; 42
(18) A carbon dioxide test; 43
(19) A calcium test; 44
(20) A full lipid panel test; 45
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(21) A thyroid stimulating hormone test; 1
(22) A cortisol test; 2
(23) A test to detect hepatitis A, hepatitis B and hepatitis C; 3
and 4
(24) A prostate-specific antigen test; 5
(e) The pulmonary function test of spirometry; 6
(f) A urinalysis performed using a dipstick and which includes, 7
without limitation: 8
(1) A pH test; 9
(2) A glucose test; 10
(3) A ketones test; 11
(4) A protein test; 12
(5) A blood test; and 13
(6) A bilirubin test; 14
(g) A posterior-anterior chest x-ray, which must be interpreted 15
by a radiologist; 16
(h) An examination of the heart of the employee, which must 17
include: 18
(1) A stethoscopic examination of the heart; 19
(2) A resting electrocardiogram; 20
(3) If the employee is 40 years of age or older or 21
abnormalities were observed in the resting electrocardiogram, a 22
stress electrocardiogram; and 23
(4) If the employee is 40 years of age or older and the test 24
has not been performed in the immediately preceding 3 years, a 25
coronary calcium score test; and 26
(i) A screening of the vision of the employee, which must 27
include: 28
(1) The use of the Bailey-Lovie Chart; and 29
(2) A color vision test. 30
3. A cancer screening administered pursuant to NRS 617.453 31
must include, without limitation: 32
(a) An examination of the skin of the employee; 33
(b) If the employee is a woman who is 40 years of age or older, 34
a mammogram; 35
(c) If the employee is a woman, a pap smear; 36
(d) A bladder urine test that is evaluated for hematuria; 37
(e) A thyroid examination to screen for palpable nodules; 38
(f) If the employee is a man, a testicular examination; 39
(g) If the employee is 40 years of age or older, a blood test that 40
detects signals from as many types of cancer as possible, 41
including, without limitation, types of cancer for which screenings 42
are not commonly performed; 43
(h) A fecal occult blood test; and 44
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(i) If the employee is 45 years of age or older and the test has 1
not been performed in the immediately preceding 10 years, a 2
colonoscopy. 3
4. Except as otherwise provided in subsection 8 of NRS 4
617.457, the tests required by this section must be paid for by the 5
employer. 6
[3.] 5. Except as otherwise provided by the provisions 7
governing privacy in the Health Insurance Portability and 8
Accountability Act of 1996, Public Law 104-191, as amended, and 9
applicable regulations, or an employee’s collective bargaining 10
agreement, whichever is more restrictive: 11
(a) The results of a physical examination administered pursuant 12
to NRS 617.455 or 617.457 or a cancer screening administered 13
pursuant to NRS 617.453 may only be provided to: 14
(1) The examining physician; 15
(2) The employee; 16
(3) The employer’s officer who is responsible for risk 17
management or human resources or his or her designee; and 18
(4) If the employee has filed a claim pursuant to NRS 19
617.453, 617.455 or 617.457, the insurer. 20
(b) A person who receives the results of a physical examination 21
or cancer screening pursuant to paragraph (a) may only use the 22
results for the purposes of: 23
(1) Complying with the requirements of NRS 617.453, 24
617.455 or 617.457, as applicable; or 25
(2) Creating a report pursuant to paragraph (c). 26
(c) The employer’s officer who is responsible for risk 27
management or human resources or his or her designee may create 28
and release a report that is based on the results of a physical 29
examination administered pursuant to NRS 617.455 or 617.457 or a 30
cancer screening administered pursuant to NRS 617.453 to any 31
person whom the employer’s officer determines has a need to know 32
the information in the report. The report must only contain the 33
following information: 34
(1) The name of the employee who was the subject of the 35
physical examination; and 36
(2) A statement that the employee, as applicable: 37
(I) Satisfies the physical qualifications required for his or 38
her employment; or 39
(II) Does not satisfy the physical qualifications required 40
for his or her employment. 41
Sec. 3. NRS 617.455 is hereby amended to read as follows: 42
617.455 1. Notwithstanding any other provision of this 43
chapter, diseases of the lungs, resulting in either temporary or 44
permanent disability or death, are occupational diseases and 45
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compensable as such under the provisions of this chapter if caused 1
by exposure to heat, smoke, fumes, tear gas or any other noxious 2
gases, arising out of and in the course of the employment of a 3
person who, for 2 years or more, has been: 4
(a) Employed in this State in a full-time salaried occupation of 5
fire fighting or the investigation of arson for the benefit or safety of 6
the public; 7
(b) Acting as a volunteer firefighter in this State and is entitled 8
to the benefits of chapters 616A to 616D, inclusive, of NRS 9
pursuant to the provisions of NRS 616A.145; or 10
(c) Employed in a full-time salaried occupation as a police 11
officer in this State. 12
2. Except as otherwise provided in subsection 3, each 13
employee who is to be covered for diseases of the lungs pursuant to 14
the provisions of this section shall submit to a physical examination 15
[, including a thorough test of the functioning of his or her lungs and 16
the making of an X-ray film of the employee’s lungs,] upon 17
employment, upon commencement of the coverage, once every 2 18
years until the employee is 40 years of age or older and thereafter on 19
an annual basis during his or her employment. 20
3. Each volunteer firefighter who is to be covered for diseases 21
of the lungs pursuant to the provisions of this section shall submit 22
to: 23
(a) A physical examination upon employment and upon 24
commencement of the coverage; and 25
(b) The making of an X-ray film of the volunteer firefighter’s 26
lungs once every 3 years after the physical examination that is 27
required upon commencement of the coverage, 28
until the volunteer firefighter reaches the age of 50 years. Each 29
volunteer firefighter who is 50 years of age or older shall submit to a 30
physical examination once every 2 years during his or her 31
employment. [As used in this subsection, “physical examination” 32
includes the making of an X-ray film of the volunteer firefighter’s 33
lungs but excludes a thorough test of the functioning of his or her 34
lungs.] 35
4. All physical examinations required pursuant to subsections 2 36
and 3 must be paid for by the employer. 37
5. A disease of the lungs is conclusively presumed to have 38
arisen out of and in the course of the employment of a person who 39
has been employed in a full-time continuous, uninterrupted and 40
salaried occupation as a police officer, firefighter or arson 41
investigator for 2 years or more before the date of disablement if the 42
disease is diagnosed and causes the disablement: 43
(a) During the course of that employment; 44
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(b) If the person ceases employment before completing 20 years 1
of service as a police officer, firefighter or arson investigator, during 2
the period after separation from employment which is equal to the 3
number of years worked; or 4
(c) If the person ceases employment after completing 20 years 5
or more of service as a police officer, firefighter or arson 6
investigator, at any time during the person’s life. 7
Service credit which is purchased in a retirement system must not 8
be calculated towards the years of service of a person for the 9
purposes of this section. 10
6. Frequent or regular use of a tobacco product within 1 year, 11
or a material departure from a physician’s prescribed plan of care by 12
a person within 3 months, immediately preceding the filing of a 13
claim for compensation excludes a person who has separated from 14
service from the benefit of the conclusive presumption provided in 15
subsection 5. 16
7. Failure to correct predisposing conditions which lead to lung 17
disease when so ordered in writing by the examining physician after 18
a physical examination required pursuant to subsection 2 or 3 19
excludes the employee from the benefits of this section if the 20
correction is within the ability of the employee. 21
8. A person who is determined to be: 22
(a) Partially disabled from an occupational disease pursuant to 23
the provisions of this section; and 24
(b) Incapable of performing, with or without remuneration, work 25
as a firefighter, police officer or arson investigator, 26
may elect to receive the benefits provided under NRS 616C.440 27
for a permanent total disability. 28
9. A person who files a claim for a disease of the lungs 29
specified in this section after he or she retires from employment as a 30
police officer, firefighter or arson investigator is not entitled to 31
receive any compensation for that disease other than medical 32
benefits. 33
10. The Administrator shall review a claim filed by a claimant 34
pursuant to this section that has been in the appeals process for 35
longer than 6 months to determine the circumstances causing the 36
delay in processing the claim. As used in this subsection, “appeals 37
process” means the period of time that: 38
(a) Begins on the date on which the claimant first files or 39
submits a request for a hearing or an appeal of a determination 40
regarding the claim; and 41
(b) Continues until the date on which the claim is adjudicated to 42
a final decision. 43
11. Except as otherwise provided in this subsection, if an 44
employer, insurer or third-party administrator denies a claim that 45
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was filed pursuant to this section and the claimant ultimately 1
prevails, the Administrator may order the employer, insurer or third-2
party administrator, as applicable, to pay to the claimant a benefit 3
penalty of not more than $200 for each day from the date on which 4
an appeal is filed until the date on which the claim is adjudicated to 5
a final decision. Such benefit penalty is payable in addition to any 6
benefits to which the claimant is entitled under the claim and any 7
fines and penalties imposed by the Administrator pursuant to NRS 8
616D.120. If a hearing before a hearing officer is requested pursuant 9
to NRS 616C.315 and held pursuant to NRS 616C.330, the 10
employer, insurer or third-party administrator, as applicable, shall 11
pay to the claimant all medical costs which are associated with the 12
occupational disease and are incurred from the date on which the 13
hearing is requested until the date on which the claim is adjudicated 14
to a final decision. If the employer, insurer or third-party 15
administrator, as applicable, ultimately prevails, the employer, 16
insurer or third-party administrator, as applicable, is entitled to 17
recover the amount paid pursuant to this subsection in accordance 18
with the provisions of NRS 616C.138. 19
Sec. 4. NRS 617.457 is hereby amended to read as follows: 20
617.457 1. Notwithstanding any other provision of this 21
chapter, diseases of the heart of a person who, for 2 years or more, 22
has been employed in a full-time continuous, uninterrupted and 23
salaried occupation as a firefighter, arson investigator or police 24
officer in this State before the date of disablement are conclusively 25
presumed to have arisen out of and in the course of the employment 26
if the disease is diagnosed and causes the disablement: 27
(a) During the course of that employment; 28
(b) If the person ceases employment before completing 20 years 29
of service as a police officer, firefighter or arson investigator, during 30
the period after separation from employment which is equal to the 31
number of years worked; or 32
(c) If the person ceases employment after completing 20 years 33
or more of service as a police officer, firefighter or arson 34
investigator, at any time during the person’s life. 35
Service credit which is purchased in a retirement system must not 36
be calculated towards the years of service of a person for the 37
purposes of this section. 38
2. Frequent or regular use of a tobacco product within 1 year, 39
or a material departure from a physician’s prescribed plan of care by 40
a person within 3 months, immediately preceding the filing of a 41
claim for compensation excludes a person who has separated from 42
service from the benefit of the conclusive presumption provided in 43
subsection 1. 44
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3. Notwithstanding any other provision of this chapter, diseases 1
of the heart, resulting in either temporary or permanent disability or 2
death, are occupational diseases and compensable as such under the 3
provisions of this chapter if caused by extreme overexertion in times 4
of stress or danger and a causal relationship can be shown by 5
competent evidence that the disability or death arose out of and was 6
caused by the performance of duties as a volunteer firefighter by a 7
person entitled to the benefits of chapters 616A to 616D, inclusive, 8
of NRS pursuant to the provisions of NRS 616A.145 and who, for 5 9
years or more, has served continuously as a volunteer firefighter in 10
this State by continuously maintaining an active status on the roster 11
of a volunteer fire department. 12
4. Except as otherwise provided in subsection 5, each 13
employee who is to be covered for diseases of the heart pursuant to 14
the provisions of this section shall submit to a physical examination 15
[, including an examination of the heart,] upon employment, upon 16
commencement of coverage and thereafter on an annual basis during 17
his or her employment. 18
5. During the period in which a volunteer firefighter is 19
continuously on active status on the roster of a volunteer fire 20
department, a physical examination for the volunteer firefighter is 21
required: 22
(a) Upon employment; 23
(b) Upon commencement of coverage; and 24
(c) Once every 3 years after the physical examination that is 25
required pursuant to paragraph (b), 26
until the firefighter reaches the age of 50 years. Each volunteer 27
firefighter who is 50 years of age or older shall submit to a physical 28
examination once every 2 years during his or her employment. 29
6. The employer of the volunteer firefighter is responsible for 30
scheduling the physical examination. The employer shall mail to the 31
volunteer firefighter a written notice of the date, time and place of 32
the physical examination at least 10 days before the date of the 33
physical examination and shall obtain, at the time of mailing, a 34
certificate of mailing issued by the United States Postal Service. 35
7. Failure to submit to a physical examination that is scheduled 36
by his or her employer pursuant to subsection 6 excludes the 37
volunteer firefighter from the benefits of this section. 38
8. The chief of a volunteer fire department may require an 39
applicant to pay for any physical examination required pursuant to 40
this section if the applicant: 41
(a) Applies to the department for the first time as a volunteer 42
firefighter; and 43
(b) Is 50 years of age or older on the date of his or her 44
application. 45
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9. The volunteer fire department shall reimburse an applicant 1
for the cost of a physical examination required pursuant to this 2
section if the applicant: 3
(a) Paid for the physical examination in accordance with 4
subsection 8; 5
(b) Is declared physically fit to perform the duties required of a 6
firefighter; and 7
(c) Becomes a volunteer with the volunteer fire department. 8
10. Except as otherwise provided in subsection 8, all physical 9
examinations required pursuant to subsections 4 and 5 must be paid 10
for by the employer. 11
11. Failure to correct predisposing conditions which lead to 12
heart disease when so ordered in writing by the examining physician 13
subsequent to a physical examination required pursuant to 14
subsection 4 or 5 excludes the employee from the benefits of this 15
section if the correction is within the ability of the employee. 16
12. A person who is determined to be: 17
(a) Partially disabled from an occupational disease pursuant to 18
the provisions of this section; and 19
(b) Incapable of performing, with or without remuneration, work 20
as a firefighter, arson investigator or police officer, 21
may elect to receive the benefits provided under NRS 616C.440 22
for a permanent total disability. 23
13. Claims filed under this section may be reopened at any 24
time during the life of the claimant for further examination and 25
treatment of the claimant upon certification by a physician of a 26
change of circumstances related to the occupational disease which 27
would warrant an increase or rearrangement of compensation. 28
14. A person who files a claim for a disease of the heart 29
specified in this section after he or she retires from employment as a 30
firefighter, arson investigator or police officer is not entitled to 31
receive any compensation for that disease other than medical 32
benefits. 33
15. The Administrator shall review a claim filed by a claimant 34
pursuant to this section that has been in the appeals process for 35
longer than 6 months to determine the circumstances causing the 36
delay in processing the claim. As used in this subsection, “appeals 37
process” means the period of time that: 38
(a) Begins on the date on which the claimant first files or 39
submits a request for a hearing or an appeal of a determination 40
regarding the claim; and 41
(b) Continues until the date on which the claim is adjudicated to 42
a final decision. 43
16. Except as otherwise provided in this subsection, if an 44
employer, insurer or third-party administrator denies a claim that 45
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was filed pursuant to this section and the claimant ultimately 1
prevails, the Administrator may order the employer, insurer or third-2
party administrator, as applicable, to pay to the claimant a benefit 3
penalty of not more than $200 for each day from the date on which 4
an appeal is filed until the date on which the claim is adjudicated to 5
a final decision. Such benefit penalty is payable in addition to any 6
benefits to which the claimant is entitled under the claim and any 7
fines and penalties imposed by the Administrator pursuant to NRS 8
616D.120. If a hearing before a hearing officer is requested pursuant 9
to NRS 616C.315 and held pursuant to NRS 616C.330, the 10
employer, insurer or third-party administrator, as applicable, shall 11
pay to the claimant all medical costs which are associated with the 12
occupational disease and are incurred from the date on which the 13
hearing is requested until the date on which the claim is adjudicated 14
to a final decision. If the employer, insurer or third-party 15
administrator, as applicable, ultimately prevails, the employer, 16
insurer or third-party administrator, as applicable, is entitled to 17
recover the amount paid pursuant to this subsection in accordance 18
with the provisions of NRS 616C.138. 19
Sec. 5. The provisions of NRS 354.599 do not apply to any 20
additional expenses of a local government that are related to the 21
provisions of this act. 22
H