2005 Nevada Revised Statutes - Chapter 616B — Industrial Insurance: Insurers; Liability for Provision of Coverage
CHAPTER 616B - INDUSTRIAL INSURANCE:INSURERS; LIABILITY FOR PROVISION OF COVERAGE
GENERAL PROVISIONS
NRS 616B.003 Periodicaudit of insurers; required standard auditing procedures; information to beshared by Division of Insurance; report to Legislature.
NRS 616B.005 Insurersto cooperate with Commissioner; duty of private carriers to provide certaininformation to Commissioner.
NRS 616B.006 Insurerrequired to provide information necessary for enforcement of statutes,regulations or standards; Administrator required to make written request forinformation.
NRS 616B.009 Reportsrequired to be made by insurers.
NRS 616B.012 Confidentialityand disclosure of information; penalty for disclosure or use of information;privileged communications.
NRS 616B.015 Confidentialityof certain records and files of Division of Insurance concerning self-insuredemployers and associations of self-insured public or private employers;exceptions.
NRS 616B.018 Indexof claims: Establishment; contents; format; use; fee; administrative fine forfailure by insurer to provide information.
NRS 616B.021 Filesof claims: Accessibility; maintenance; inspection; reproduction.
NRS 616B.024 Destructionof records.
NRS 616B.027 Insurerto provide office in State and statewide toll-free telephone service; privatecarrier to provide adequate services and information to control losses andprevent accidents and occupational diseases.
NRS 616B.028 Modifiedprogram of industrial insurance for offenders in prison industry or workprogram.
NRS 616B.029 Modifiedprogram of industrial insurance for offenders engaged in work program directedby Administrator of county or city jail or other local detention facility.
NRS 616B.030 Policyof insurance: Required provisions in policies of private carriers; regulationsof Commissioner concerning basic policy used by private carriers.
NRS 616B.031 Policyof insurance: Coverage of all employees of employer; coverage of employeesunder consolidated insurance program.
NRS 616B.032 Policyof insurance: Coverage for domestic worker as part of homeowners policy ofinsurance.
NRS 616B.033 Defaultof employer does not relieve insurer from liability; effect of statementscontained in application for policy; notification of employer of cancellationof policy; defense based on act or omission of insured employer may not beraised by insurer against claimant; insurer placed in position of employer undercertain circumstances.
NRS 616B.036 Conditionsfor providing industrial insurance for organization or association ofemployers; approval of group or organization; adoption of regulations.
NRS 616B.038 Prohibitionagainst charging fee for inclusion on panel of providers of health care;penalty.
STATE INSURANCE FUND
NRS 616B.040 Creation;source; investments.
NRS 616B.042 Moneyto provide compensation held in trust; conditions when trust money to bedeposited in Fund.
NRS 616B.044 Authorityof successor organization to take credit for reinsurance.
NRS 616B.046 Dispositionof money in Fund on repeal of statutes relating to workers compensation.
PAYMENT AND COLLECTION OF PREMIUMS
NRS 616B.215 Appealby principal contractor from denial of final certificate of coverage forproject; appeal by employer from determination regarding vocationalrehabilitation of injured employee.
NRS 616B.222 Determinationof total amount paid to employees for services performed during policy year.
NRS 616B.224 Periodicreport of payroll and reported tips; periodic payment of premiums; effect offailure to submit information or premiums; collection of premiums by insurer.
NRS 616B.227 Submissionand retention of reports concerning tips received by employees; payment ofpremiums for tips; calculation of compensation; notification of employees toreport tips.
NRS 616B.228 Budgetingfor premiums and payment of premiums by public employers.
SELF-INSURED EMPLOYERS
NRS 616B.300 Qualificationas self-insured employer: Establishment of financial ability to pay; deposit ofsecurity; evidence of excess insurance; account for self-insured employers.
NRS 616B.303 Standardfor insolvency.
NRS 616B.306 Commissionermay sell securities or institute proceedings on surety bonds of self-insuredemployer to pay claims.
NRS 616B.309 Assessmentof self-insured employers to provide for claims against insolvent employers;Account for Insolvent Self-Insured Employers.
NRS 616B.312 Certificateof qualification as self-insured employer: Issuance by Commissioner; contents;effective date; period certificate is in effect.
NRS 616B.315 Notificationof change in ownership or control of self-insured employer; automatictermination of certification unless extension granted.
NRS 616B.318 Groundsfor withdrawal of certification of self-insured employer; exception;administrative fine.
NRS 616B.321 Impositionof fine if self-insured employer fails to pay compensation as ordered.
NRS 616B.324 Self-insuredemployer liable for violation by his agent.
NRS 616B.327 Withdrawalof certification of self-insured employer: Informal meeting; notice ofwithdrawal; hearing; effective date of withdrawal.
NRS 616B.330 Self-insuredemployer may appeal decision of Commissioner.
NRS 616B.333 Dispositionof security after termination of status as self-insured employer.
NRS 616B.336 Self-insuredemployers to furnish annual financial statements to Commissioner; Commissionermay examine records and interview employees.
ASSOCIATIONS OF SELF-INSURED EMPLOYERS
NRS 616B.350 Qualificationas association of self-insured public or private employers; application forcertification; fee; confidentiality of financial information submitted forcertification.
NRS 616B.353 Indemnityagreement; policy of excess insurance; assessment; bond or similar security;minimum combined tangible net worth; bond required of associationsadministrator or third-party administrator; Account for Associations ofSelf-Insured Public and Private Employers created.
NRS 616B.356 Certificateof authority required before surety or bonding company may furnish bond orother security for association.
NRS 616B.359 Certificateof qualification as an association of self-insured employers: Time forconsideration of application; issuance by Commissioner; contents; effectivedate; period certificate is in effect; cancellation by association.
NRS 616B.362 Effectof certification; responsibility of association to provide compensation andadminister claims.
NRS 616B.365 Boardof trustees: Members; duties; prohibited acts.
NRS 616B.368 Boardof trustees: Fiscal responsibilities; establishment of accounts; review ofaccounts by Commissioner.
NRS 616B.371 Associationsadministrator prohibited from financial interest in third-party administrator;third-party administrator prohibited from financial interest in associationsadministrator; contractual requirement.
NRS 616B.374 Solicitorspermit: Advertising or offering for sale membership in proposed association ofself-insured public or private employers without permit prohibited; applicationfor permit; fee; penalty; exceptions.
NRS 616B.377 Solicitorspermit: Commissioner to conduct investigation after filing of application forpermit; required issuance of permit; Commissioner to give notice to applicantif application denied; fee nonrefundable.
NRS 616B.380 Solicitorspermit: Power of Commissioner to suspend or revoke permit; hearing required.
NRS 616B.383 Advertisementsor written materials to join association of self-insured public or privateemployers; solicitor to provide to Commissioner upon request copy of documentrelating to solicitation.
NRS 616B.386 Membershipin association: Application; eligibility; authority of association to determineeligibility; termination by member; cancellation by association; information tobe provided to Commissioner of Insurance; provision of compensation aftermembership has ceased.
NRS 616B.392 Notificationof Commissioner required if change in information submitted for certification.
NRS 616B.395 Examinationof books, records, accounts and assets of association by Commissioner; paymentof related expenses.
NRS 616B.398 Commissioneris resident agent of association for receipt of initial legal process.
NRS 616B.401 Mergerof associations.
NRS 616B.404 Statementof financial condition: Filing dates; contents; form; additional reports.
NRS 616B.407 Calculationof annual assessment paid by each member of association.
NRS 616B.410 Annualaudits; objection to assignment of standard industrial classification.
NRS 616B.413 Paymentof dividends to members of association.
NRS 616B.416 Planfor payment of annual assessments by members of association.
NRS 616B.419 Requiredreserves.
NRS 616B.422 Insufficientassets to pay compensation due and maintain reserves.
NRS 616B.425 Orderby Commissioner to cease and desist; penalty for violation of order.
NRS 616B.428 Administrativefines for violations; authority of Commissioner to withdraw certification;effect of withdrawal.
NRS 616B.431 Withdrawalof certificate of association: Informal meeting; notice of withdrawal; hearing;effective date of withdrawal.
NRS 616B.434 Retentionby Commissioner of security deposit in event of termination of association.
NRS 616B.437 Judicialreview of Commissioners decision.
NRS 616B.440 Insolvency;termination of liability on surety bond; effect of termination of surety bond.
NRS 616B.443 Assessmentof all associations to provide for claims against insolvent association;Account for Insolvent Associations of Self-Insured Public or Private Employerscreated.
NRS 616B.446 Regulations.
PRIVATE CARRIERS
NRS 616B.460 Electionby employer to purchase industrial insurance from private carrier; cancellationof policy by employer to purchase insurance from another insurer.
NRS 616B.461 Notificationof Administrator regarding issuance, renewal, cancellation or reinstatement ofpolicy; investigation of information reported by private carrier.
NRS 616B.463 Authorizationand security required before industrial insurance may be provided by privatecarrier; private carrier subject to insurance code.
NRS 616B.466 Responsibilityof private carrier after withdrawal of authorization to provide industrialinsurance.
NRS 616B.472 Suspensionof authorization of private carrier to provide industrial insurance: Grounds;hearing.
NRS 616B.475 Requirementsfor handling claims; employer and private carrier subject to regulations ofDivision.
THIRD-PARTY ADMINISTRATORS
NRS 616B.500 Administrationof plan of insurance authorized; conditions.
NRS 616B.503 Certificationby Commissioner required; duties of third-party administrator.
NRS 616B.506 Impositionof administrative fine for violations; withdrawal of certification.
NRS 616B.509 Regulations.
ORGANIZATIONS FOR MANAGED CARE
NRS 616B.527 Authorityof self-insured employers, associations of self-insured employers and privatecarriers; compliance with certain provisions.
NRS 616B.5273 Adequacyof medical and health care services, choice of providers of health care andcost controls; regulations.
NRS 616B.528 Restrictionof or interference with communication between provider of health care andinjured employee prohibited.
NRS 616B.5285 Contractswith providers of health care; prohibited acts.
NRS 616B.529 Inducementsto deny, reduce or delay medically necessary services prohibited.
SUBSEQUENT INJURY ACCOUNTS
Self-Insured Employers
NRS 616B.545 Boarddefined.
NRS 616B.548 Boardfor Administration of Subsequent Injury Account for Self-Insured Employers:Creation; membership; officers; vacancies; members serve without compensation;legal counsel.
NRS 616B.551 Boardfor Administration of Subsequent Injury Account for Self-Insured Employers:Meetings; regulations; quorum; administration of Account.
NRS 616B.554 Creationand administration of Subsequent Injury Account for Self-Insured Employers;assessment rates, payments and penalties.
NRS 616B.557 Paymentof cost of additional compensation resulting from subsequent injury of employeeof self-insured employer.
NRS 616B.560 Reimbursementof self-insured employer for cost of additional compensation resulting fromsubsequent injury.
Associations of Self-Insured Public or Private Employers
NRS 616B.563 Boarddefined.
NRS 616B.569 Boardfor Administration of Subsequent Injury Account for Associations ofSelf-Insured Public or Private Employers: Creation; membership; officers;vacancies; members serve without compensation; legal counsel.
NRS 616B.572 Boardfor Administration of Subsequent Injury Account for Associations ofSelf-Insured Public or Private Employers: Meetings; regulations; quorum;administration of Account.
NRS 616B.575 Creationand administration of Subsequent Injury Account for Associations ofSelf-Insured Public or Private Employers; assessment rates, payments andpenalties.
NRS 616B.578 Paymentof cost of additional compensation resulting from subsequent injury of employeeof member of association of self-insured public or private employers.
NRS 616B.581 Reimbursementof Association of Self-Insured Public or Private Employers for cost ofadditional compensation resulting from subsequent injury.
Private Carriers
NRS 616B.584 Creationand administration of Subsequent Injury Account for Private Carriers;assessment rates, payments and penalties.
NRS 616B.587 Paymentof cost of additional compensation resulting from subsequent injury of employeeof employer insured by private carrier.
NRS 616B.590 Reimbursementof private carrier for cost of additional compensation resulting from subsequentinjury.
LIABILITY FOR PROVISION OF COVERAGE
Applicability
NRS 616B.600 Exemptionof employer and employee temporarily within State; exception; effect ofemployee working in another state where coverage required.
NRS 616B.603 Independententerprises.
NRS 616B.606 Realestate brokers and salesmen not employers under certain circumstances.
NRS 616B.609 Devicesmodifying liability void; exception.
NRS 616B.612 Employersto provide compensation; effect of participation in consolidated insuranceprogram; relief from certain liability.
NRS 616B.615 Self-insuredemployers to provide compensation; relief from premiums and liability;administration of claims.
NRS 616B.618 Applicabilityto State, political subdivisions and their contractors.
NRS 616B.621 Applicabilityto trainees of Rehabilitation Division of Department of Employment, Trainingand Rehabilitation.
NRS 616B.624 Applicabilityto officers of quasi-public, private and nonprofit corporations and managers oflimited-liability companies; rejection of coverage by certain officers andmanagers.
NRS 616B.627 Contractorwith State or political subdivision: Submission of certificate of compliance;coverage pursuant to contract; sole proprietor who does not use employees.
NRS 616B.630 Notificationof State Contractors Board and Administrator if contractor no longer providesindustrial insurance.
NRS 616B.633 Applicabilityto all employers who employ at least one employee.
NRS 616B.636 Actionsat law by employees.
NRS 616B.639 Limitationof liability of principal contractor for industrial injury to independentcontractor or employee of independent contractor.
NRS 616B.642 Limitationon liability of owner of property who is not acting as principal contractor.
NRS 616B.645 Determinationof obligation of principal contractor or owner of property: Preliminarystatement of coverage; issuance or denial of final certificate of coverage.
Election of Coverage
NRS 616B.650 Electionby employer; effect of failure to provide industrial insurance.
NRS 616B.653 Reportingof agreements with lessees engaged in mining or operating reduction plant;exception.
NRS 616B.656 Electionby employer of excluded persons.
NRS 616B.659 Electionby sole proprietor; physical examination; payment of premiums; effect offailure to pay premiums; withdrawal of election.
NRS 616B.662 Rejectionof coverage by employer; relief from payment of premiums.
Employee Leasing Companies
NRS 616B.670 Definitions.
NRS 616B.673 Certificateof registration required; expiration; penalty.
NRS 616B.676 Writtenapplication for issuance or renewal of certificate of registration must be onapproved form.
NRS 616B.679 Contentsof application; Administrator to be notified of certain changes in informationabout applicant; power of Administrator to revoke certificate of registration.
NRS 616B.682 Employeeleasing companies to maintain office or similar site in State for retaining,reviewing and auditing payroll records and written agreements.
NRS 616B.685 Separatepayroll records required upon operation of employee leasing company andtemporary employment service; separate policy of workers compensationinsurance required for employee leasing company.
NRS 616B.688 Writtenagreement regarding employment relationship with leased employees.
NRS 616B.691 Responsibilitiesof employee leasing company; limitations; joint and several liability of clientcompany.
NRS 616B.694 Regulations.
NRS 616B.697 Actionfor damages for statutory violation.
Consolidated Insurance Programs
NRS 616B.710 Establishmentand administration of program: Prerequisites; mandatory participation; paymentsto contractors or subcontractors; Commissioner to establish threshold cost forproject eligible for program.
NRS 616B.712 Industrialinsurance for program; contract to provide insurance to be filed and reviewedby Commissioner.
NRS 616B.717 Coverageof more than one construction project authorized.
NRS 616B.720 Contentsof contract to provide insurance for program.
NRS 616B.722 Liabilityof insurer for payment of compensation.
NRS 616B.725 Safetyrequirements: Contents of safety program; qualifications and duties of safetycoordinators; duties of owner or principal contractor.
NRS 616B.727 Administrationof claims: Duties of administrator of claims; duties of owner or principal contractor.
NRS 616B.730 Coverageof employees who do not work at site of construction project; separate policyrequired for certain employees who do not work at site of construction project;reimbursement for cost of separate policy.
NRS 616B.732 Determinationof loss experience: Employees covered by program deemed employees of owner orprincipal contractor.
NRS 616B.735 Notificationand explanation to bidders required if program may be established forconstruction project.
NRS 616B.737 Regulations.
APPEALS PANEL FOR INDUSTRIAL INSURANCE
NRS 616B.760 Creation;membership; terms; vacancies.
NRS 616B.762 Annualfirst meeting: Date; election of Chairman.
NRS 616B.765 Dutiesand powers of Chairman.
NRS 616B.767 Meetings;quorum.
NRS 616B.770 Compensationof members.
NRS 616B.772 Filingof grievance; parties to hearing; authority to appeal decision on hearing.
NRS 616B.775 Jurisdiction.
NRS 616B.777 Timing:Notification of hearing; issuance of decision.
NRS 616B.780 Hearingsopen to public; exception.
NRS 616B.782 Conflictof interest: Appointment of substitute member; waiver; determination.
NRS 616B.785 Issuanceand delivery of decision; notification of right to appeal.
NRS 616B.787 Appealof decision to Commissioner.
NRS 616B.790 Regulations.
MISCELLANEOUS PROVISIONS
NRS 616B.850 Insurermay establish plan to review small employers; objectives of plan.
_________
GENERAL PROVISIONS
NRS
1. The Administrator shall cause to be conducted atleast every 5 years an audit of all insurers who provide benefits to injuredemployees pursuant to chapters 616A to
2. The Administrator shall require the use of standardauditing procedures and shall establish a manual to describe the standardauditing procedures. The manual must include:
(a) Specific audit objectives;
(b) Standards for documentation;
(c) Policies for supervisory review;
(d) Policies for the training of auditors;
(e) The format for the audit report; and
(f) Procedures for the presentation, distribution andretention of the audit report.
3. The Commissioner and the Administrator shallestablish a procedure for sharing information between the Division of Insuranceof the Department of Business and Industry and the Division concerning thequalifications of employers as self-insured employers pursuant to
4. On or before March 1 of each year, theAdministrator shall make a report of each audit to the Legislature, if it is insession, or to the Interim Finance Committee if the Legislature is not insession.
(Added to NRS by 1991, 2394; A 1993, 700, 1857; 1995,531; 2003, 1670)
NRS
(Added to NRS by 1979, 1039; A 1981, 1460; 1993, 707;1995, 2014; 1999, 211,1767)(Substitutedin revision for NRS 616B.194)
NRS
1. An insurer shall provide to the Administrator uponwritten request only information in its possession which is necessary for theenforcement of any provision of this chapter or chapter616A, 616C,
(a) Specifically indicate what information is beingrequested; and
(b) The statute, regulation or standard adoptedpursuant thereto for which the information is needed.
2. Upon the receipt of a written request from aninsurer, the Administrator may extend the time within which information must beprovided if good cause for granting the extension is shown.
(Added to NRS by 1991, 2394)(Substituted in revisionfor NRS 616.191)
NRS
1. All insurers shall report to the Administrator,annually or at intervals which the Administrator requires, all accidentalinjuries, occupational diseases, dispositions of claims and payments madepursuant to chapters 616A to
2. Each self-insured employer and association ofself-insured public or private employers shall report its reserves to theAdministrator in the manner prescribed in subsection 1.
(Added to NRS by 1979, 1038; A 1981, 1469; 1993, 712,1862; 1995, 531, 2022)(Substituted in revision for NRS 616.337)
NRS
1. Except as otherwise provided in this section and inNRS 616B.015,
2. Any claimant or his legal representative isentitled to information from the records of the insurer, to the extentnecessary for the proper presentation of a claim in any proceeding under
3. The Division and Administrator are entitled toinformation from the records of the insurer which is necessary for theperformance of their duties. The Administrator may, by regulation, prescribethe manner in which otherwise confidential information may be made availableto:
(a) Any agency of this or any other state charged with theadministration or enforcement of laws relating to industrial insurance,unemployment compensation, public assistance or labor law and industrialrelations;
(b) Any state or local agency for the enforcement ofchild support;
(c) The Internal Revenue Service of the Department ofthe Treasury;
(d) The Department of Taxation; and
(e) The State Contractors Board in the performance ofits duties to enforce the provisions of chapter624 of NRS.
Informationobtained in connection with the administration of a program of industrialinsurance may be made available to persons or agencies for purposes appropriateto the operation of a program of industrial insurance.
4. Upon written request made by a public officer of alocal government, an insurer shall furnish from its records the name, addressand place of employment of any person listed in its records. The request mustset forth the social security number of the person about whom the request is madeand contain a statement signed by proper authority of the local governmentcertifying that the request is made to allow the proper authority to enforce alaw to recover a debt or obligation owed to the local government. Theinformation obtained by the local government is confidential and may not beused or disclosed for any purpose other than the collection of a debt orobligation owed to the local government. The insurer may charge a reasonablefee for the cost of providing the requested information.
5. To further a current criminal investigation, thechief executive officer of any law enforcement agency of this State may submitto the Administrator a written request for the name, address and place ofemployment of any person listed in the records of an insurer. The request mustset forth the social security number of the person about whom the request ismade and contain a statement signed by the chief executive officer certifyingthat the request is made to further a criminal investigation currently beingconducted by the agency. Upon receipt of a request, the Administrator shallinstruct the insurer to furnish the information requested. Upon receipt of suchan instruction, the insurer shall furnish the information requested. Theinsurer may charge a reasonable fee to cover any related administrativeexpenses.
6. Upon request by the Department of Taxation, theAdministrator shall provide:
(a) Lists containing the names and addresses ofemployers; and
(b) Other information concerning employers collectedand maintained by the Administrator or the Division to carry out the purposesof chapters 616A to
to theDepartment for its use in verifying returns for the taxes imposed pursuant to
7. Any person who, in violation of this section,discloses information obtained from files of claimants or policyholders orobtains a list of claimants or policyholders under
8. All letters, reports or communications of any kind,oral or written, from the insurer, or any of its agents, representatives oremployees are privileged and must not be the subject matter or basis for anylawsuit if the letter, report or communication is written, sent, delivered orprepared pursuant to the requirements of chapters616A to 616D, inclusive, or
9. The provisions of this section do not prohibit theAdministrator or the Division from disclosing any nonproprietary informationrelating to an uninsured employer or proof of industrial insurance.
(Added to NRS by 1989, 1189; A 1991, 2465; 1993, 701,1858; 1995, 579, 1583, 2131; 1997, 527, 1425;
NRS
1. Except as otherwise provided in subsection 2, therecords and files of the Division concerning self-insured employers andassociations of self-insured public or private employers are confidential andmay be revealed in whole or in part only in the course of the administration ofthe provisions of chapters 616A to
2. The records and files specified in subsection 1 arenot confidential in the following cases:
(a) Testimony by an officer or agent of the Divisionand the production of records and files on behalf of the Division in any actionor proceeding conducted pursuant to the provisions of
(b) Delivery to a self-insured employer or anassociation of self-insured public or private employers of a copy of anydocument filed by the employer with the Division pursuant to the provisions of
(c) Publication of statistics if classified so as toprevent:
(1) Identification of a particular employer ordocument; or
(2) Disclosure of the financial or businesscondition of a particular employer or insurer.
(d) Disclosure in confidence, without furtherdistribution or disclosure to any other person, to:
(1) The Governor or his agent in the exercise ofthe Governors general supervisory powers;
(2) Any person authorized to audit the accountsof the Division in pursuance of an audit;
(3) The Attorney General or other legalrepresentative of the State in connection with an action or proceedingconducted pursuant to the provisions of chapters616A to 616D, inclusive, or
(4) Any agency of this or any other statecharged with the administration or enforcement of the laws relating to workerscompensation or unemployment compensation; or
(5) Any federal, state or local law enforcementagency.
(e) Disclosure in confidence by a person who receivesinformation pursuant to paragraph (d) to a person in furtherance of theadministration or enforcement of the laws relating to workers compensation orunemployment compensation.
3. As used in this section:
(a) Division means the Division of Insurance of theDepartment of Business and Industry.
(b) Records and files means:
(1) All credit reports, references,investigative records, financial information and data pertaining to the networth of a self-insured employer or association of self-insured public orprivate employers; and
(2) All information and data required by theDivision to be furnished to it pursuant to chapters616A to 616D, inclusive, or
(Added to NRS by 1995, 2123; A
NRS
1. The Administrator shall establish a method ofindexing claims for compensation that will make information concerning theclaimants of an insurer available to other insurers and the Fraud Control Unitfor Industrial Insurance established pursuant to
2. Every insurer shall provide the followinginformation if required by the Administrator for establishing and maintainingthe index of claims:
(a) The first name, last name, middle initial, if any,date of birth and social security number of the injured employee;
(b) The name and tax identification number of theemployer of the injured employee;
(c) If the employer of the injured employee is a memberof an association of self-insured public or private employers, the name and taxidentification number of that association;
(d) The name and tax identification number of theinsurer, unless the employer of the injured employee is self-insured and thisrequirement would duplicate the information required pursuant to paragraph (b);
(e) The date upon which the employers policy ofindustrial insurance that covers the claim became effective and the date uponwhich it will expire or must be renewed;
(f) The number assigned to the claim by the insurer;
(g) The date of the injury or of the sustaining of theoccupational disease;
(h) The part of the body that was injured or theoccupational disease that was sustained by the injured employee;
(i) The percentage of disability as determined by therating physician or chiropractor;
(j) Which part of the body was permanently impaired, ifany;
(k) What type of accident or occupational disease thatis the subject of the claim;
(l) The date, if any, that the claim was closed; and
(m) If the claim has been closed, whether the closurewas pursuant to the provisions of:
(1) Subsection 2 of
(2) Subsection 1 of
and whattype of compensation was provided for the claim.
3. The Administrator shall require informationprovided pursuant to subsection 2 to be submitted:
(a) In a format that is consistent with nationallyrecognized standards for the reporting of data regarding industrial insurance;and
(b) Electronically or in another medium approved by theAdministrator.
4. The Administrator shall ensure that the requirementfor an insurer to provide information pursuant to subsection 2 is administeredin a fair and equal manner so that an insurer is not required to provide moreor a different type of information than another insurer similarly situated.
5. The provisions of this section do not prevent theAdministrator from:
(a) Conducting audits pursuant to the provisions of
(b) Receiving and collecting information from thereports that insurers must submit to the Administrator pursuant to theprovisions of NRS 616B.009;
(c) Investigating alleged violations of the provisionsof chapters 616A to
(d) Enforcing the provisions of
6. If an employee files a claim with an insurer, theinsurer is entitled to receive from the Administrator a list of the priorclaims of the employee. If the insurer desires to inspect the files related tothe prior claims, he must obtain the written consent of the employee.
7. Any information obtained from the index of claimsmay be admitted into evidence in any hearing before an appeals officer, ahearing officer or the Administrator.
8. The Division may assess and collect a reasonablefee for its services provided pursuant to this section. The fee must be payablemonthly or at such other intervals as determined by the Administrator.
9. If the Administrator determines that an insurer hasintentionally failed to provide the information required by subsection 2, theAdministrator shall impose an administrative fine of $1,000 for the initialviolation, and a fine of $2,000 for a second or subsequent violation.
10. As used in this section, tax identificationnumber means the number assigned by the Internal Revenue Service of the UnitedStates Department of the Treasury for identification.
(Added to NRS by 1991, 352; A 1993, 702, 1859; 1995,531, 539; 1997, 3216; 1999,1038; 2001, 115,123)
NRS
1. An insurer shall provide access to the files ofclaims in its offices.
2. The physical records in a file concerning a claimfiled in this State may be kept at an office located outside this State if allrecords in the file are accessible at offices located in this State on computerin a microphotographic, electronic or other similar format that produces anaccurate reproduction of the original. If a claim filed in this State is open,the records in the file must be reproduced and available for inspection duringregular business hours within 24 hours after requested by the employee or hisdesignated agent, the employer or his designated agent, or the Administrator orhis designated agent. If a claim filed in this State is closed, the records inthe file must be reproduced and available for inspection during regular businesshours within 14 days after requested by such persons.
3. Upon request, the insurer shall make copies orother reproductions of anything in the file and may charge a reasonable fee forthis service. Copies or other reproductions of materials in the file which arerequested by the Administrator or his designated agent, or the Nevada Attorneyfor Injured Workers or his designated agent must be provided free of charge.
4. The Administrator may adopt regulations concerningthe:
(a) Maintenance of records in a file on claims that areopen or closed; and
(b) Preservation, examination and use of records whichhave been stored on computer or in a microphotographic, electronic or similarformat by an insurer.
5. This section does not require an insurer to allowinspection or reproduction of material regarding which a legal privilegeagainst disclosure has been conferred.
(Added to NRS by 1979, 1041; A 1981, 712, 1458; 1985,863; 1989, 331; 1991, 831; 1995, 2012, 2132; 1997, 579;
NRS
1. Upon written approval of the Administrator, theinsurer may destroy accumulated and noncurrent detail records such as payrollreports, checks, claims, and other records of similar importance for the periodJuly 1, 1913, to January 1, 1947, if:
(a) Claims from January 1, 1940, and after are firstmicrophotographed; and
(b) A brief inventory of the destroyed records isretained.
2. The insurer may dispose of or destroy any recordwhich has been microphotographed or filmed if the procedure required by
3. The principal records, such as the general andregular journals and the general ledgers, must be retained intact until auditedand then must be microfilmed for retention until their destruction pursuant to
[1:222:1953] + [2:222:1953] + [3:222:1953](NRS A1981, 712, 1458; 1989, 1190)(Substituted in revision for NRS 616.195)
NRS
1. Every insurer shall:
(a) Provide an office in this State operated by theinsurer or its third-party administrator in which:
(1) A complete file of each claim is accessible,in accordance with the provisions of NRS616B.021;
(2) Persons authorized to act for the insurerand, if necessary, licensed pursuant to chapter683A of NRS, may receive information related to a claim and provide theservices to an employer and his employees required by
(3) An employee or his employer, upon request,is provided with information related to a claim filed by the employee or a copyor other reproduction of the information from the file for that claim, inaccordance with the provisions of NRS616B.021.
(b) Provide statewide toll-free telephone service tothe office maintained pursuant to paragraph (a) or accept collect calls frominjured employees.
2. Each private carrier shall provide:
(a) Adequate services to its insured employers incontrolling losses; and
(b) Adequate information on the prevention of industrialaccidents and occupational diseases.
(Added to NRS by 1995, 2000; A
NRS
1. Any offender confined at the state prison, whileengaged in work in a prison industry or work program, whether the program isoperated by an institution of the Department of Corrections, by contract with apublic entity or by a private employer, is entitled to coverage under themodified program of industrial insurance established by regulations adopted bythe Division if the Director of the Department of Corrections complies with theprovisions of the regulations, and coverage is approved by a private carrier.
2. An offender is limited to the rights and remediesestablished by the provisions of the modified program of industrial insuranceestablished by regulations adopted by the Division. The offender is notentitled to any rights and remedies established by the provisions of
3. The Division shall, in cooperation with theDepartment of Corrections and the Risk Management Division of the Department ofAdministration, adopt regulations setting forth a modified program ofindustrial insurance to provide offenders with industrial insurance againstpersonal injuries arising out of and in the course of their work in a prisonindustry or work program.
(Added to NRS by 1989, 733; A 1995, 1872;
NRS
1. Any offender confined in a county jail, city jailor other local detention facility, while engaged in work in a work programdirected by the Administrator of the jail or other detention facility, whether thework program is operated by contract with a public entity or by a privateemployer, may receive coverage under the modified program of industrialinsurance established by regulations adopted by the Division if theAdministrator of the jail or other detention facility complies with theprovisions of the regulations and coverage is approved by a private carrier.
2. An offender is limited to the rights and remediesestablished by the provisions of the modified program of industrial insuranceestablished by regulations adopted by the Division. The offender is notentitled to any rights and remedies established by the provisions of
3. The Division, in cooperation with the variousadministrators of jails and other detention facilities, shall adopt regulationssetting forth a modified program of industrial insurance to provide offenderswith industrial insurance against personal injuries arising out of and in thecourse of their work in a work program.
4. As used in this section, administrator of the jailor other detention facility means the sheriff of a county jail, chief ofpolice of a city jail or director of a local detention facility.
(Added to NRS by 1997, 3347; A
NRS
1. Every policy of insurance issued by a privatecarrier:
(a) Must be in writing;
(b) Must contain the insuring agreements andexclusions;
(c) Is subject to chapters616A to 617, inclusive, of NRS andregulations adopted pursuant to those chapters; and
(d) If it contains a provision inconsistent with thischapter or chapter 616A,
2. The Commissioner shall, by regulation, prescribethe basic policy to be used by private carriers.
(Added to NRS by 1995, 2001; A
NRS
1. Except as otherwise provided in subsection 2, aninsurer shall not issue a policy of industrial insurance to an employer thatdoes not cover each employee of that employer who satisfies the definition ofemployee set forth in NRS 616A.105 to
2. If the employer is a contractor or subcontractorwho is engaged in the construction of a project that is covered by aconsolidated insurance program established pursuant to
(a) Is assigned to participate in the construction ofthe project that is covered by the consolidated insurance program; and
(b) Works exclusively at the site of the constructionproject that is covered by the consolidated insurance program.
(Added to NRS by
NRS
1. A private carrier may provide industrial insurance,as a part of a homeowners policy of insurance, to a person who employs adomestic worker for the term of that workers employment. Upon providing suchcoverage, the private carrier may, with the approval of the Commissioner,determine and fix the premium rates to be paid for the industrial insurance soprovided.
2. A domestic worker for whom industrial insurance isprovided pursuant to subsection 1:
(a) Shall be deemed to be an employee while performingwork for his employer at a wage:
(1) Equal to his average monthly wage asdetermined pursuant to the regulations adopted by the Administrator pursuant toNRS 616C.420 if he is employed morethan 20 hours per week; or
(2) Of $150 per month if he is employed not morethan 20 hours per week; and
(b) Is entitled to the benefits of
3. As used in this section:
(a) Domestic worker is a person who is engagedexclusively in household or domestic service performed inside or outside of apersons residence. The term includes, without limitation, a cook, housekeeper,maid, companion, babysitter, chauffeur or gardener.
(b) Homeowners policy of insurance means a policy ofproperty or casualty insurance that provides coverage for the loss of or damageto a home or against liability for the death or injury of a person or damage toproperty.
(Added to NRS by
NRS
1. Every policy of insurance issued pursuant to
2. No statement in an employers application for apolicy of industrial insurance voids the policy as between the insurer andemployer unless the statement is false and would have materially affected theacceptance of the risk if known by the insurer, but in no case does theinvalidation of a policy as between the insurer and employer affect theinsurers obligation to provide compensation to claimants arising before thecancellation of the policy. If the insurer is required pursuant to this subsectionto provide compensation under an invalid policy, the insurer is subrogated tothe claimants rights against the employer.
3. If an insurer intends to cancel a policy ofinsurance issued by the insurer pursuant to chapters616A to 617, inclusive, of NRS, theinsurer must give notice to that effect in writing to the employer fixing thedate on which it is proposed that the cancellation becomes effective, whichmust be at least 30 days after the date on which the notice is personallydelivered or mailed to the employer, except in the case of cancellation forfailure to pay a premium when due. The notices must comply with the provisionsof NRS 687B.310 to
4. As between any claimant and the insurer, no defensebased on any act or omission of the insured employer, if different from theinsurer, may be raised by the insurer.
5. For the purposes of chapters616A to 617, inclusive, of NRS, as betweenthe employee and the insurer:
(a) Except as otherwise provided in
(b) Jurisdiction over the employer is jurisdiction overthe insurer; and
(c) The insurer is bound by and subject to anyjudgments, findings of fact, conclusions of law, awards, decrees, orders ordecisions rendered against the employer in the same manner and to the sameextent as the employer.
(Added to NRS by 1995, 2001; A 1997, 1427;
NRS
1. A private carrier may provide industrial insurancefor an organization or association of employers as a group if:
(a) The members of the organization or association areengaged in a common trade or business; and
(b) The formation and operation of a program ofindustrial insurance for the organization or association will substantiallyassist in the handling of claims and the prevention of accidents for theemployers as a group.
2. Notwithstanding the provisions of subsection 1, aprivate carrier may provide industrial insurance for an organization orassociation of employers as a group whose members are not engaged in a commontrade or business if:
(a) The organization or association of employers isformed and maintained for purposes other than obtaining industrial insurance;and
(b) The contract or other agreement pursuant to whichthe private carrier will provide industrial insurance for the organization orassociation provides that:
(1) A separate policy will be issued to eachmember of the organization or association; and
(2) Other than the payment of premiums by theorganization or association, the organization or association and each of itsmembers are not liable for the cost of the administration of claims or thecompensation payable pursuant to the provisions of
3. The Commissioner must approve each organization orassociation before a policy of industrial insurance may be issued to it as agroup pursuant to subsection 1 or 2.
4. The Commissioner shall adopt regulations for thequalification of organizations or associations of employers described insubsections 1 and 2.
(Added to NRS by 1995, 2004; A
NRS
1. If an insurer establishes a panel of providers ofhealth care for the purpose of offering health care services pursuant to
(a) A fee to include the name of the provider on the panelof providers of health care; or
(b) Any other fee related to establishing a provider ofhealth care as a provider for the insurer.
2. If an insurer violates the provisions of subsection1, the insurer shall pay to the provider of health care an amount that is equalto twice the fee charged to the provider of health care.
3. A court shall award costs and reasonable attorneysfees to the prevailing party in an action brought pursuant to this section.
(Added to NRS by
STATE INSURANCE FUND
NRS
1. There is hereby established in the State Treasurythe State Insurance Fund. The Commissioner shall administer the Fund.
2. The money in the Fund may be invested by the StateTreasurer in accordance with the provisions of
3. Any money delivered to the Commissioner pursuant toNRS 616B.042 and
(Added to NRS by
NRS
1. The chief executive officer of any successororganization to the State Industrial Insurance System shall continue to hold intrust any money paid to the System for the purpose of providing compensationfor industrial accidents and occupational diseases and administrative expensesincidental thereto. The successor organization shall use that money only forthe purpose for which it was paid.
2. If any successor organization to the StateIndustrial Insurance System ceases to provide industrial insurance in thisState, all money held in trust pursuant to subsection 1 must be delivered tothe Commissioner on a date that ensures that all benefits will be paid toqualified claimants under policies of industrial insurance previously issued bythe State Industrial Insurance System or the successor organization. TheCommissioner shall deposit the money delivered to him pursuant to thissubsection in the State Insurance Fund.
(Added to NRS by
NRS
1. Any successor organization to the State IndustrialInsurance System may take as credit as an asset or as a deduction fromliability on account of reinsurance for reinsurance ceded to an assuming alieninsurer with security based on discounted reserves for losses that weremaintained by the System for accounting periods beginning before July 1, 1995,at a rate not to exceed 6 percent.
2. As used in this section, alien insurer has themeaning ascribed to it in NRS 679A.090.
(Added to NRS by
NRS
[98:168:1947; 1943 NCL 2680.98](NRS A 1973,604)(Substituted in revision for NRS 616B.101)
PAYMENT AND COLLECTION OF PREMIUMS
NRS
1. Except as otherwise provided in subsection 2:
(a) A principal contractor or an owner of propertyacting as a principal contractor aggrieved by a letter issued pursuant to
(b) An employer aggrieved by a determination made pursuantto NRS 616C.585,
may appealfrom the letter or determination by filing a notice of appeal with theAdministrator within 30 days after the date of the letter or determination.
2. An employer shall not seek to remove costs thathave been charged to his account by appealing to the Administrator any issuethat relates to a claim for compensation if the issue was raised or could havebeen raised before a hearing officer or an appeals officer pursuant to
3. The decision of the Administrator is the final andbinding administrative determination of an appeal filed pursuant to thissection, and the whole record consists of all evidence taken at the hearingbefore the Administrator and any findings based thereon.
(Added to NRS by 1983, 355; A 1987, 450; 1993, 719;1995, 2024; 1997, 1431; 1999,444)
NRS
(Added to NRS by 1995, 2002, A
NRS
1. Every private or public employer who is not aself-insured employer or a member of an association of self-insured public orprivate employers shall, at intervals and on or before dates established by hisinsurer, furnish the insurer with:
(a) A true and accurate payroll showing:
(1) The total amount paid to employees forservices performed;
(2) The amount of tips reported to him by everyemployee pursuant to 26 U.S.C. 6053(a) whose tips in cash totaled $20 ormore; and
(3) A segregation of employment in accordancewith the requirements of the Commissioner; and
(b) Any premium due pursuant to the terms of the policyof industrial insurance.
The payrollreports and any premium may be furnished to the insurer on different dates, asestablished by the insurer.
2. The failure of any employer to comply with theprovisions of this section operates as a rejection of
3. The insurer shall notify any employer or hisrepresentative by first-class mail of any failure on his part to comply withthe provisions of this section. The notice or its omission does not modify orwaive the requirements or effective rejection of chapters616A to 616D, inclusive, and
4. To the extent permitted by federal law, the insurershall vigorously pursue the collection of premiums that are due under theprovisions of chapters 616A to
[Part 77:168:1947; A 1951, 51, 485; 1953, 8](NRS A1957, 34; 1969, 95, 762; 1975, 620; 1979, 1048; 1981, 713, 1474; 1983, 357;1985, 1444; 1987, 922; 1991, 2410, 2441; 1993, 42, 43, 45, 720, 721, 802, 2457;1995, 2025, 2141, 2168; 1997, 595, 596, 602, 1431;
NRS
1. Except as otherwise provided in subsection 2, anemployer shall:
(a) Make a copy of each report that an employee fileswith the employer pursuant to 26 U.S.C. 6053(a) to report the amount of histips to the United States Internal Revenue Service; and
(b) Submit the copy to his private carrier upon requestand retain another copy for his records or, if the employer is self-insured ora member of an association of self-insured public or private employers, retainthe copy for his records.
2. An employer who maintains his records concerningpayroll by a computerized program or process that can produce a report on allemployees which indicates:
(a) The amount of tips reported by each employeepursuant to 26 U.S.C. 6053(a); or
(b) The amount of tips allocated to each employeepursuant to a formula applied by the employer, whether by agreement of theemployees or by imposition of the employer,
may satisfythe requirements of subsection 1 by submitting a copy of the report to hisprivate carrier and maintaining another copy of the report for his records.
3. An employer who is not self-insured or a member ofan association of self-insured public or private employers shall pay theprivate carrier the premiums for the reported tips at the same rate as he payson regular wages.
4. The private carrier, self-insured employer orassociation of self-insured public or private employers shall calculatecompensation for an employee on the basis of wages paid by the employer plusthe amount of tips reported by the employee pursuant to 26 U.S.C. 6053(a).Reports made after the date of injury may not be used for the calculation ofcompensation.
5. An employer shall notify his employees of therequirement to report income from tips to calculate his federal income tax andto include the income in the computation of benefits pursuant to
6. The Administrator shall adopt such regulations asare necessary to carry out the provisions of this section.
(Added to NRS by 1985, 1443; A 1987, 598; 1991, 2411;1993, 722, 1865; 1995, 531, 2026;
NRS
(Added to NRS by
SELF-INSURED EMPLOYERS
NRS
1. An employer may qualify as a self-insured employerby establishing to the satisfaction of the Commissioner that the employer hassufficient administrative and financial resources to make certain the promptpayment of all compensation under chapters 616Ato 616D, inclusive, or
2. A self-insured employer must, in addition toestablishing financial ability to pay, deposit with the Commissioner a bondexecuted by the employer as principal, and by a corporation qualified under thelaws of this State as surety, payable to the State of Nevada, and conditionedupon the payment of compensation for injuries and occupational diseases toemployees. The bond must be in an amount reasonably sufficient to ensurepayment of compensation, but in no event may it be less than 105 percent of theemployers expected annual incurred cost of claims, or less than $100,000. Inarriving at an amount for the expected annual cost of claims, due considerationmust be given to the past and prospective experience of the employer withlosses and expenses within this State, to the hazard of catastrophic loss, toother contingencies, and to trends within the State. In arriving at the amountof the deposit required, the Commissioner may consider the nature of theemployers business, the financial ability of the employer to pay compensationand his probable continuity of operation.
3. In lieu of a bond the employer may deposit with theCommissioner a like amount of lawful money of the United States or any otherform of security authorized by NRS 100.065.If security is provided in the form of a savings certificate, certificate ofdeposit or investment certificate, the certificate must state that the amountis unavailable for withdrawal except upon order of the Commissioner.
4. The required deposit may be increased or decreasedby the Commissioner in accordance with chapter681B of NRS and his regulations for loss reserves in casualty insurance. Ifthe Commissioner requires an employer to increase his deposit, the Commissionermay specify the form of the additional security. The employer shall comply withsuch a requirement within 60 days after receiving notice from the Commissioner.
5. The Commissioner shall require the self-insuredemployer to submit evidence of excess insurance to provide protection against acatastrophic loss. The excess insurance must be written by an insurerauthorized to do business in this State. The Commissioner shall consider theexcess insurance coverage as a basis for a reduction in the deposit required ofan employer.
6. The Account for Self-Insured Employers is herebycreated in the State Agency Fund for Bonds. All money received by theCommissioner pursuant to this section must be deposited with the StateTreasurer to the credit of the Account for Self-Insured Employers. All claimsagainst this Account must be paid as other claims against the State are paid.
(Added to NRS by 1979, 1035; A 1981, 269, 1465; 1985,582, 933; 1989, 1078; 1991, 1799; 1993, 2403)(Substituted in revision for NRS616.291)
NRS
(Added to NRS by 1985, 582)(Substituted in revisionfor NRS 616.2915)
NRS
1. If a self-insured employer becomes insolvent,institutes any voluntary proceeding under the Bankruptcy Act or is named in anyinvoluntary proceeding thereunder, makes a general or special assignment forthe benefit of creditors or fails to pay compensation under
2. A company providing a surety bond under
(Added to NRS by 1979, 1036; A 1985, 583,934)(Substituted in revision for NRS 616.292)
NRS
1. The Commissioner may assess all self-insuredemployers to provide for claims against any insolvent self-insured employer.
2. All money received from such assessments must bedeposited with the State Treasurer to the credit of the Account for InsolventSelf-Insured Employers, which is hereby created in the Fund for WorkersCompensation and Safety. Money in the Account must be used solely to carry outthe provisions of this section. All claims against the Account must be paid asother claims against the State are paid. The State Treasurer shall invest moneyin the account in the same manner and in the same securities in which he mayinvest money of the State General Fund. Income realized from the investment ofthe assets in the Account must be credited to the Account.
(Added to NRS by 1985, 933; A 1991,1800)(Substituted in revision for NRS 616.2925)
NRS
1. Upon determining that an employer is qualified as aself-insured employer, the Commissioner shall issue a certificate to thateffect to the employer and the Administrator. No certificate may be issued toany employer who, within the 2 years immediately preceding his application, hashad his certification as a self-insured employer involuntarily withdrawn by theCommissioner.
2. A certificate issued pursuant to this section mustinclude, without limitation:
(a) The name of the self-insured employer;
(b) An identification number assigned to theself-insured employer by the Commissioner; and
(c) The date on which the certificate was issued.
3. Except as otherwise provided in
(Added to NRS by 1979, 1037; A 1981, 1466; 1985, 583;1993, 2404; 1995, 1640; 1997, 3217)
NRS
(Added to NRS by 1985, 582; A 1995,2137)(Substituted in revision for NRS 616.2935)
NRS
1. The Commissioner shall impose an administrativefine, not to exceed $1,000 for each violation, and:
(a) Shall withdraw the certification of a self-insuredemployer if:
(1) The deposit required pursuant to
(2) The self-insured employer fails to provideevidence of excess insurance pursuant to NRS616B.300 within 45 days after he has been so ordered; or
(3) Except as otherwise provided in subsection4, the employer becomes insolvent, institutes any voluntary proceeding underthe Bankruptcy Act or is named in any involuntary proceeding thereunder.
(b) May withdraw the certification of a self-insuredemployer if:
(1) The employer intentionally fails to complywith regulations of the Commissioner regarding reports or other requirementsnecessary to carry out the purposes of chapters616A to 616D, inclusive, and
(2) The employer violates the provisions ofsubsection 2 of NRS 616B.500 or anyregulation adopted by the Commissioner or the Administrator concerning theadministration of the employers plan of self-insurance; or
(3) The employer makes a general or specialassignment for the benefit of creditors or fails to pay compensation after anorder for payment of any claim becomes final.
2. Any employer whose certification as a self-insuredemployer is withdrawn must, on the effective date of the withdrawal, qualify asan employer pursuant to NRS 616B.650.
3. The Commissioner may, upon the written request ofan employer whose certification as a self-insured employer is withdrawnpursuant to subparagraph (3) of paragraph (a) of subsection 1, reinstate theemployers certificate for a reasonable period to allow the employer sufficienttime to provide industrial insurance for his employees.
4. The Commissioner may authorize an employer toretain his certification as a self-insured employer during the pendency of aproceeding specified in subparagraph (3) of paragraph (a) of subsection 1 ifthe employer establishes to the satisfaction of the Commissioner that theemployer is able to pay all claims for compensation during the pendency of theproceeding.
(Added to NRS by 1979, 1037; A 1981, 1466; 1985, 583;1991, 2403; 1993, 2404; 1995, 2018;
NRS
(Added to NRS by 1985, 582; A 1991,2404)(Substituted in revision for NRS 616.2945)
NRS
(Added to NRS by 1985, 1011; A
NRS
1. Except as otherwise provided in
2. Except as otherwise provided in
3. If the employer requests a hearing:
(a) The Commissioner of Insurance shall set a date fora hearing within 20 days after receiving the appeal request, and shall give theemployer at least 10 business days notice of the time and place of thehearing.
(b) A record of the hearing must be kept but it neednot be transcribed unless requested by the employer with the cost oftranscription to be charged to the employer.
(c) Within 5 business days after the hearing, theCommissioner of Insurance shall either affirm or disaffirm the withdrawal andgive the employer written notice thereof by certified mail. If withdrawal ofcertification is affirmed, the withdrawal becomes effective 10 business daysafter the employer receives notice of the affirmance unless within that periodof time the employer corrects the conduct which was ground for the withdrawalor petitions for judicial review of the affirmance.
4. If the withdrawal of certification is affirmedfollowing judicial review, the withdrawal becomes effective 5 days after entryof the final decree of affirmance.
(Added to NRS by 1979, 1037; A 1995,1640)(Substituted in revision for NRS 616.296)
NRS
(Added to NRS by 1979, 1039)(Substituted in revisionfor NRS 616.298)
NRS
1. If for any reason the status of an employer as aself-insured employer is terminated, the security deposited under
2. At the expiration of the 36-month period, or suchother period as the Commissioner deems proper, the Commissioner may accept, inlieu of any security so deposited, a policy of paid-up insurance in a formapproved by the Commissioner.
(Added to NRS by 1979, 1038; A
NRS
1. Each self-insured employer shall furnish auditedfinancial statements, certified by an auditor licensed to do business in thisState, to the Commissioner annually within 120 days after the expiration of theself-insured employers fiscal year.
2. The Commissioner may examine the records andinterview the employees of each self-insured employer as often as he deemsadvisable to determine the adequacy of the deposit which the employer has madewith the Commissioner, the sufficiency of reserves and the reporting, handlingand processing of injuries or claims. The Commissioner shall examine therecords for that purpose at least once every 3 years. The self-insured employershall reimburse the Commissioner for the cost of the examination.
(Added to NRS by 1979, 1039; A
ASSOCIATIONS OF SELF-INSURED EMPLOYERS
NRS
1. A group of five or more employers may not act as anassociation of self-insured public employers unless the group:
(a) Is composed of employers engaged in the same orsimilar classifications of employment; and
(b) Has been issued a certificate to act as such anassociation by the Commissioner.
2. A group of five or more employers may not act as anassociation of self-insured private employers unless each member of the group:
(a) Is a member or associate member of a bona fidetrade association, as determined by the Commissioner, which:
(1) Is incorporated in this State; and
(2) Has been in existence for at least 5 years;and
(b) Has been issued a certificate to act as such anassociation by the Commissioner.
3. An association of public or private employers thatwishes to be issued a certificate must file with the Commissioner anapplication for certification.
4. The application must include:
(a) The name of the association.
(b) The address of:
(1) The principal office of the association.
(2) The location where the books and records ofthe association will be maintained.
(c) The date the association was organized.
(d) The name and address of each member of theassociation.
(e) The names of the initial members of the board oftrustees and the name of the initial associations administrator.
(f) Such other information as the Commissioner mayrequire.
5. The application must be accompanied by:
(a) A nonrefundable filing fee of $1,000.
(b) Proof of compliance with
(c) Proof that the association or its third-partyadministrator is licensed or otherwise authorized to conduct business in thisState pursuant to title 57 of NRS.
(d) A copy of the agreements entered into with theassociations administrator and a third-party administrator.
(e) A copy of the bylaws of the association.
(f) A copy of an agreement jointly and severallybinding the association and each member of the association to secure thepayment of all compensation due pursuant to chapters616A to 617, inclusive, of NRS.
(g) A pro forma financial statement prepared by anindependent certified public accountant in accordance with generally acceptedaccounting principles that shows the financial ability of the association topay all compensation due pursuant to chapters616A to 617, inclusive, of NRS.
(h) A reviewed financial statement prepared by anindependent certified public accountant for each proposed member of theassociation or evidence of the ability of the association or its proposedmembers to provide a solvency bond pursuant to subsection 3 of
(i) Proof that each member of the association will makethe initial payment to the association required pursuant to
6. Any financial information relating to a member ofan association received by the Commissioner pursuant to the provisions of thissection is confidential and must not be disclosed.
7. For the purposes of this section, associate memberof a bona fide trade association means a supplier whose business, asdetermined by the Commissioner:
(a) Is limited to a specific industry; and
(b) Primarily involves providing a product or servicethat is directly used or consumed by substantially all of the members of thetrade association or bears a direct relationship to the business of the membersof the association.
(Added to NRS by 1993, 669; A 1995,1978)(Substituted in revision for NRS 616.3791)
NRS
1. An association of self-insured public or privateemployers shall:
(a) Execute an indemnity agreement jointly andseverally binding the association and each member of the association to securethe payment of all compensation due pursuant to chapters616A to 617, inclusive, of NRS. Theindemnity agreement must be in a form prescribed by the Commissioner. Anassociation may add provisions to the indemnity agreement if they are firstapproved by the Commissioner.
(b) Except as otherwise provided in this subsection,maintain a policy of specific and aggregate excess insurance in a form andamount required by the Commissioner. The excess insurance must be written by aninsurer approved by the Commissioner. To determine the amount of excessinsurance required, the Commissioner shall consider:
(1) The number of members in the association;
(2) If the association is an association ofself-insured public employers, the types of governmental services provided bythe members of the association;
(3) If the association is an association ofself-insured private employers, the classifications of employment of themembers of the association;
(4) The number of years the association has beenin existence; and
(5) Such other information as the Commissionerdeems necessary.
Nothing inthis paragraph prohibits an association from purchasing secondary excessinsurance in addition to the excess insurance required by this paragraph.
(c) Collect an annual assessment from each member ofthe association in an aggregate amount of at least $250,000 or in an aggregateamount which the Commissioner determines is satisfactory based on an annualreview conducted by him of the actuarial solvency of the association.
(d) Except as otherwise provided in paragraph (e),deposit as security with the Commissioner a bond executed by the association asprincipal, and by a licensed surety, payable to the State of Nevada, andconditioned upon the payment of compensation for injuries and occupational diseasesto their employees. The bond must be in an amount determined by theCommissioner to be reasonably sufficient to ensure payment of suchcompensation, but in no event may it be less than $100,000.
(e) In lieu of a bond, deposit with the Commissioner alike amount of lawful money of the United States or any other form of securityauthorized by NRS 100.065. If securityis provided in the form of a savings certificate, certificate of deposit orinvestment certificate, the certificate must state that the amount is unavailablefor withdrawal except upon order of the Commissioner.
2. Except as otherwise provided in subsection 3, inaddition to complying with the requirements of subsection 1, an association ofself-insured private employers shall maintain a combined tangible net worth ofall members in the association of at least $2,500,000.
3. In lieu of complying with the requirements of subsection2, the associations administrator shall ensure that a solvency bond, in a formprescribed by the Commissioner and in an aggregate amount of at least$2,500,000, is deposited with the Commissioner by the association or members ofthe association on behalf of the association.
4. The associations administrator shall deposit withthe Commissioner a bond executed by the associations administrator asprincipal, and by a licensed surety, payable to the State of Nevada, andconditioned upon the faithful performance of his duties. The bond must be in anamount determined by the Commissioner.
5. Any third-party administrator providing claimsservices for the association shall deposit with the Commissioner a bondexecuted by the third-party administrator as principal, and by a licensedsurety, payable to the State of Nevada, and conditioned upon the faithfulperformance of its duties. The bond must be in an amount determined by theCommissioner.
6. The Commissioner may increase or decrease theamount of any bond or money required to be deposited by this section inaccordance with chapter 681B of NRS and hisregulations for loss reserves in casualty insurance. If the Commissionerrequires an association, associations administrator or third-partyadministrator to increase its deposit, the Commissioner may specify the form ofthe additional security. The association, associations administrator orthird-party administrator shall comply with such a requirement within 60 daysafter receiving notice from the Commissioner.
7. The Account for Associations of Self-Insured Publicand Private Employers is hereby created in the State Agency Fund for Bonds. Allmoney received by the Commissioner pursuant to this section must be depositedwith the State Treasurer to the credit of the Account. All claims against thisAccount must be paid as other claims against the State are paid.
(Added to NRS by 1993, 670; A 1995,1979)(Substituted in revision for NRS 616.37915)
NRS
(Added to NRS by 1995, 1977)
NRS
1. The Commissioner shall grant or deny an applicationfor certification as an association of self-insured public or private employerswithin 60 days after receiving the application. If the application ismaterially incomplete or does not comply with the applicable provisions of thelaw, the Commissioner shall notify the applicant of the additional informationor changes required. Under such circumstances, if the Commissioner is unable toact upon the application within this 60-day period, he may extend the periodfor granting or denying the application, but for not longer than an additional90 days.
2. Upon determining that an association is qualifiedas an association of self-insured public or private employers, the Commissionershall issue a certificate to that effect to the association and theassociations administrator. No certificate may be issued to an associationthat, within the 2 years immediately preceding its application, has had itscertification as an association of self-insured public or private employers involuntarilywithdrawn by the Commissioner.
3. A certificate issued pursuant to this section mustinclude, without limitation:
(a) The name of the association;
(b) The name of each employer who the Commissionerdetermines is a member of the association at the time of the issuance of thecertificate;
(c) An identification number assigned to theassociation by the Commissioner; and
(d) The date on which the certificate was issued.
4. A certificate issued pursuant to this sectionremains in effect until withdrawn by the Commissioner or cancelled at therequest of the association. Coverage for an association granted a certificatebecomes effective on the date of certification or the date specified in thecertificate.
5. The Commissioner shall not grant a request tocancel a certificate unless the association has insured or reinsured allincurred obligations with an insurer authorized to do business in this Statepursuant to an agreement filed with and approved by the Commissioner. Theagreement must include coverage for actual claims and claims incurred but notreported, and the expenses associated with those claims.
(Added to NRS by 1993, 671; A 1995, 1641, 1981; 1997,3218; 2003, 3340)
NRS
1. An association certified as an association ofself-insured public or private employers directly assumes the responsibilityfor providing compensation due the employees of the members of the associationand their beneficiaries under chapters 616Ato 617, inclusive, of NRS.
2. An association is not required to pay the premiumsrequired of other employers pursuant to chapters616A to 617, inclusive, of NRS but isrelieved from other liability for personal injury to the same extent as areother employers.
3. The claims of employees and their beneficiariesresulting from injuries while in the employment of a member of an associationmust be handled in the manner provided by chapters616A to 616D, inclusive, of NRS, and theassociation is subject to the regulations of the Division with respect thereto.
4. The security deposited pursuant to
(Added to NRS by 1993, 672; A 1995, 649;
NRS
1. An association of self-insured public or privateemployers must be operated by a board of trustees consisting of at least fivemembers whom the members of the association elect for terms set forth in thebylaws of the association. If the association is an association ofself-insured:
(a) Public employers, the members of the board oftrustees must be officers or employees of the public employers who are membersof the association.
(b) Private employers, at least two-thirds of themembers of the board of trustees must be employees, officers or directors ofthe members of the association. No associations administrator or third-partyadministrator employed by the association, or any owner, officer, employee orother person affiliated with the associations administrator or third-partyadministrator, may serve as a member of the board of trustees. Each member ofthe board of trustees must be a resident of this State or an officer of acorporation authorized to do business in this State.
2. The board of trustees of an association shall:
(a) Ensure the prompt payment of any compensation duepursuant to chapters 616A to
(b) Take such actions as are necessary to protect theassets of the association.
(c) Employ full-time an associations administrator tocarry out the policies of the board of trustees and perform such duties as theboard delegates to him. An associations administrator shall not perform any ofthe duties assigned to a third-party administrator.
(d) Employ a third-party administrator to carry out theduties set forth in NRS 616B.503.
(e) Employ an independent certified public accountantto prepare the statement of financial condition required by
(f) Maintain minutes of its meetings and make theminutes available for inspection by the Commissioner.
3. The board of trustees of an association shall not:
(a) Extend credit to any member of the association forthe payment of that members annual assessment, except pursuant to a paymentplan approved by the Commissioner.
(b) Borrow any money from the association or in thename of the association, except in the ordinary course of its business, withoutthe prior approval of the Commissioner.
(Added to NRS by 1993, 672; A 1995,1981)(Substituted in revision for NRS 616.37925)
NRS
1. The board of trustees of an association ofself-insured public or private employers is responsible for the money collectedand disbursed by the association.
2. The board of trustees shall:
(a) Establish a claims account in a financialinstitution in this State which is approved by the Commissioner and which isfederally insured or insured by a private insurer approved pursuant to
(1) Claims;
(2) Expenses related to those claims;
(3) The costs associated with the associationspolicy of excess insurance; and
(4) Assessments, payments and penalties relatedto the Subsequent Injury Account and the Uninsured Employers Claim Account.
(b) Establish an administrative account in a financialinstitution in this State which is approved by the Commissioner and which isfederally insured or insured by a private insurer approved pursuant to
3. The Commissioner may authorize an association todeposit less than 75 percent of its annual assessment in its claims account ifthe association presents evidence to the satisfaction of the Commissioner that:
(a) More than 25 percent of the associations annualassessment is needed to maintain its programs for loss control and occupationalsafety; and
(b) The associations policy of excess insuranceattaches at less than 75 percent.
4. The board of trustees may invest the money of theassociation not needed to pay the obligations of the association pursuant to
5. The Commissioner shall review the accounts of anassociation established pursuant to this section at such times as he deemsnecessary to ensure compliance with the provisions of this section.
(Added to NRS by 1993, 673; A
NRS
1. An associations administrator employed by anassociation of self-insured public or private employers, or an employee,officer or director of an associations administrator, may not be an employee,officer or director of a third-party administrator employed by the associationor have a direct or indirect financial interest in the third-partyadministrator of the association.
2. The third-party administrator of an association ofself-insured public or private employers, or an employee, officer or directorof the third-party administrator, may not be an employee, officer or directorof an associations administrator employed by the association or have a director indirect financial interest in that associations administrator.
3. Any contract entered into by an association ofself-insured public or private employers and a third-party administrator mustinclude a provision which states that, unless the Commissioner otherwiseprovides, the third-party administrator shall administer any claim or otherobligation of the association to its conclusion during the period of thecontract.
(Added to NRS by 1993, 673; A 1995, 1982)(Substitutedin revision for NRS 616.3793)
NRS
1. Except as otherwise provided in this section, aperson shall not advertise or offer for sale in this State any policies ormemberships or solicit or receive any money, subscriptions, applications,premiums, assessments, memberships or any other fee or charge in connectionwith a proposed association of self-insured public or private employers unlesshe has obtained a solicitors permit from the Commissioner.
2. To obtain a solicitors permit, a person must filea written application with the Commissioner. The application must include:
(a) The name, type and purposes of the associationformed or proposed to be formed or financed;
(b) On forms furnished by the Commissioner, for eachperson associated or to be associated as director, promoter, manager, member ofthe board or in another similar capacity in the association, or in theformation of the proposed association or in the proposed financing:
(1) Hisname, residential address and qualifications;
(2) Hisbusiness, professional or employment experience for the preceding 10 years; and
(3) A complete set of his fingerprints which theCommissioner may forward to the Central Repository for Nevada Records of CriminalHistory for submission to the Federal Bureau of Investigation for its report;
(c) A full disclosure of the terms of all pertinentunderstandings and agreements existing or proposed among any persons orentities so associated or to be associated, and a copy of each such agreement;
(d) A copy of the articles of incorporation and bylawsof a solicitor, if incorporated;
(e) The plan according to which solicitations are to bemade and a reasonably detailed estimate of all administrative and sales expensesto be incurred;
(f) A copy of any certificate proposed to be offered,and a copy of any proposed application therefor;
(g) A copy of any prospectus, offering circular,advertising or sales literature or materials proposed to be used;
(h) Proof of an escrow account and agreement for thedeposit of all funds collected during the formation of the association; and
(i) Such additional pertinent information as theCommissioner may reasonably require.
3. The application must be accompanied by a fee of $500for the filing of the application and for the issuance of the permit, ifgranted. A solicitor must submit this fee each year thereafter if he continuesto recruit new members for an association.
4. A person who violates subsection 1 is guilty of a categoryD felony and shall be punished as provided in NRS193.130.
5. The provisions of this section do not apply to:
(a) A bona fide trade association that has been inexistence for at least 5 years and solicits members of its trade association;or
(b) A person who is employed by:
(1) Current members of an association; or
(2) Employers that are considering membership inan association,
whoseprimary duties do not include solicitation of potential members of the association.
(Added to NRS by 1995, 1975; A 1997, 576, 1190;
NRS
1. After the filing of an application for asolicitors permit, the Commissioner shall promptly cause an investigation tobe made of:
(a) The identity, character, reputation, experience,financial standing and motives of the persons proposing to organize, promote orfinance the association of self-insured public or private employers;
(b) The character, financial responsibility, managementexperience and business qualifications of the officers, directors and managersof the existing or proposed association; and
(c) Any other aspects of the solicitor, association orproposed financing as the Commissioner deems advisable.
2. The Commissioner shall expeditiously examine anapplication for a solicitors permit and complete the investigation requiredpursuant to subsection 1. Except as otherwise provided in subsection 3, if theCommissioner finds after performing an examination and investigation that:
(a) The application is complete and the applicable feehas been paid;
(b) The documents filed with the application are properin form; and
(c) The proposed financing is reasonable and adequatein amount for the purposes intended and the applicant is otherwise entitled tothe permit,
he shallissue a permit and assign a permit number to the applicant.
3. If the Commissioner does not so find, or findsthat:
(a) The applicant is not competent, trustworthy,financially responsible or of good personal and business reputation;
(b) Any of the persons associated or to be associatedwith the association are not of good reputation as to business affairs orfinancial responsibility; or
(c) There is material variance, adverse to theapplicant, as between the information furnished by the applicant in connectionwith the application and that determined by the Commissioner on investigation,
he shall givenotice to the applicant that a permit will not be granted, stating theparticulars of the grounds for the denial. The Commissioner shall not refundthe fee for the filing of the application.
(Added to NRS by 1995, 1976)
NRS
1. The Commissioner may suspend or revoke asolicitors permit if he reasonably believes that:
(a) A violation of this chapter or
(b) A material misrepresentation in the offering orsale of securities, policies or memberships pursuant to the permit hasoccurred.
2. If the Commissioner suspends or revokes a permitpursuant to subsection 1, he shall expeditiously conduct a hearing, giving theholder of the permit a reasonable opportunity to appear and be heard.
(Added to NRS by 1995, 1977)
NRS
1. Any advertising or written material that solicitsemployers to join an association of self-insured public or private employersmust contain the permit number of the solicitor.
2. A solicitor shall provide to the Commissioner uponrequest a copy of any document relating to a solicitation which was preparedafter the solicitor filed his application for a permit.
(Added to NRS by 1995, 1977)
NRS
1. If an employer wishes to become a member of anassociation of self-insured public or private employers, the employer must:
(a) Submit an application for membership to the boardof trustees or third-party administrator of the association; and
(b) Enter into an indemnity agreement as required by
2. The membership of the applicant becomes effectivewhen each member of the association approves the application or on a later datespecified by the association. The application for membership and the actiontaken on the application must be maintained as permanent records of the boardof trustees.
3. Each member who is a member of an associationduring the 12 months immediately following the formation of the associationmust:
(a) Have a tangible net worth of at least $500,000; or
(b) Have had a reported payroll for the previous 12months which would have resulted in a manual premium of at least $15,000,calculated in accordance with a manual prepared pursuant to subsection 4 of
4. An employer who seeks to become a member of theassociation after the 12 months immediately following the formation of theassociation must meet the requirement set forth in paragraph (a) or (b) ofsubsection 3 unless the Commissioner adjusts the requirement for membership inthe association after conducting an annual review of the actuarial solvency ofthe association pursuant to subsection 1 of NRS616B.353.
5. An association of self-insured private employersmay apply to the Commissioner for authority to determine the amount of tangiblenet worth and manual premium that an employer must have to become a member ofthe association. The Commissioner shall approve the application if theassociation:
(a) Has been certified to act as an association for atleast the 3 consecutive years immediately preceding the date on which theassociation filed the application with the Commissioner;
(b) Has a combined tangible net worth of all members inthe association of at least $5,000,000;
(c) Has at least 15 members; and
(d) Has not been required to meet informally with theCommissioner pursuant to subsection 1 of NRS616B.431 during the 18-month period immediately preceding the date on whichthe association filed the application with the Commissioner or, if theassociation has been required to attend such a meeting during that period, hasnot had its certificate withdrawn before the date on which the associationfiled the application.
6. An association of self-insured private employersmay apply to the Commissioner for authority to determine the documentationdemonstrating solvency that an employer must provide to become a member of theassociation. The Commissioner shall approve the application if the association:
(a) Has been certified to act as an association for atleast the 3 consecutive years immediately preceding the date on which theassociation filed the application with the Commissioner;
(b) Has a combined tangible net worth of all members inthe association of at least $5,000,000; and
(c) Has at least 15 members.
7. The Commissioner may withdraw his approval of anapplication submitted pursuant to subsection 5 or 6 if he determines theassociation has ceased to comply with any of the requirements set forth insubsection 5 or 6, as applicable.
8. A member ofan association may terminate his membership at any time. To terminate hismembership, a member must submit to the associations administrator a notice ofintent to withdraw from the association at least 120 days before the effectivedate of withdrawal. The notice of intent to withdraw must include a statementindicating that the member has:
(a) Beencertified as a self-insured employer pursuant to
(b) Become amember of another association of self-insured public or private employers; or
(c) Become insured by a private carrier.
9. The members of an association may cancel themembership of any member of the association in accordance with the bylaws ofthe association.
10. The association shall:
(a) Within 30 days after the addition of an employer tothe membership of the association, notify the Commissioner of the addition and:
(1) If the association has not receivedauthority from the Commissioner pursuant to subsection 5 or 6, as applicable,provide to the Commissioner all information and assurances for the new memberthat were required from each of the original members of the association uponits organization; or
(2) If the association has received authorityfrom the Commissioner pursuant to subsection 5 or 6, as applicable, provide tothe Commissioner evidence that is satisfactory to the Commissioner that the newmember is a member or associate member of the bona fide trade association asrequired pursuant to paragraph (a) of subsection 2 of
(b) Notify the Commissioner and the Administrator ofthe termination or cancellation of the membership of any member of theassociation within 10 days after the termination or cancellation; and
(c) At the expense of the member whose membership isterminated or cancelled, maintain coverage for that member for 30 days afternotice is given pursuant to paragraph (b), unless the association firstreceives notice from the Administrator that the member has:
(1) Been certified as a self-insured employerpursuant to NRS 616B.312;
(2) Become a member of another association ofself-insured public or private employers; or
(3) Become insured by a private carrier.
11. If a member of an association changes his name orform of organization, the member remains liable for any obligations incurred orany responsibilities imposed pursuant to chapters616A to 617, inclusive, of NRS under hisformer name or form of organization.
12. An association is liable for the payment of anycompensation required to be paid by a member of the association pursuant to
(Added to NRS by 1993, 674; A 1995, 1983, 2023; 1997,579; 1999, 811,
NRS
1. An association of self-insured public or privateemployers shall notify the Commissioner of any change in the informationsubmitted in its application for certification or in the manner of itscompliance with NRS 616B.353 not laterthan 30 days after the change.
2. For the purposes of this section, the addition ofan employer to the membership of an association of self-insured privateemployers is not a change in the information that the association submitted inits application for certification.
(Added to NRS by 1993, 674; A
NRS
1. The Commissioner may examine the books, records,accounts and assets of an association of self-insured public or private employersas he deems necessary to carry out the provisions of
2. The expense of any examination conducted pursuantto this section must be paid by the association.
(Added to NRS by 1993, 675)(Substituted in revisionfor NRS 616.3794)
NRS
(Added to NRS by 1993, 675)(Substituted in revisionfor NRS 616.37945)
NRS
1. An association of self-insured public employers maymerge with another association of self-insured public employers if:
(a) The resulting association assumes in full allobligations of the merging associations; and
(b) The merger is approved by the Commissioner.
2. An association of self-insured private employersmay merge with another association of self-insured private employers if:
(a) The members of the merging associations are engagedin the same or similar trade;
(b) The resulting association assumes in full allobligations of the merging associations; and
(c) The merger is approved by the Commissioner.
3. The Commissioner shall conduct a hearing on theproposed merger if any member of the merging associations so requests. TheCommissioner may on his own motion conduct such a hearing.
(Added to NRS by 1993, 675; A 1995,1984)(Substituted in revision for NRS 616.37947)
NRS
1. An association of self-insured public or privateemployers shall file with the Commissioner an audited statement of financialcondition prepared by an independent certified public accountant. The statementmust be filed on or before May 1 of each year or within 120 days after theconclusion of the associations fiscal year and must contain information forthe previous fiscal year.
2. The statement required by subsection 1 must be in aform prescribed by the Commissioner and include, without limitation:
(a) A statement of the reserves for:
(1) Actual claims and expenses;
(2) Claims incurred but not reported, and theexpenses associated with those claims;
(3) Assessments that are due, but not paid; and
(4) Unpaid debts, which must be shown asliabilities.
(b) An actuarial opinion regarding reserves that isprepared by a member of the American Academy of Actuaries or another specialistin loss reserves identified in the annual statement adopted by the NationalAssociation of Insurance Commissioners. The actuarial opinion must include astatement of:
(1) Actual claims and the expenses associatedwith those claims; and
(2) Claims incurred but not reported, and theexpenses associated with those claims.
3. The Commissioner may adopt a uniform financialreporting system for associations of self-insured public and private employersto ensure the accurate and complete reporting of financial information.
4. The Commissioner may require the filing of suchother reports as he deems necessary to carry out the provisions of thissection, including, without limitation:
(a) Audits of the payrolls of the members of anassociation of self-insured public or private employers;
(b) Reports of losses; and
(c) Quarterly financial statements.
(Added to NRS by 1993, 675; A
NRS
1. Except as otherwise provided in subsection 2, theannual assessment required to be paid by each member of an association ofself-insured public or private employers must be:
(a) Calculated by a rate service organization that islicensed pursuant to chapter 686B of NRS;and
(b) Based on the premium rate for the standardindustrial classification of that member, adjusted by the members individualexperience.
If approvedby the Commissioner, payments of assessments may be reduced by an amount basedon the associations level of expenses and loss experience.
2. If approved by the Commissioner, an association maycalculate the annual assessment required to be paid by each member of theassociation. An assessment calculated by the association must be based on atleast 5 years of the members individual experience.
(Added to NRS by 1993, 676; A
NRS
1. The Commissioner shall cause to be conducted atleast annually an audit of each association of self-insured public or privateemployers in order to verify:
(a) The standard industrial classification of eachmember of the association;
(b) The individual experience of each member of theassociation;
(c) The payroll of each member of the association; and
(d) The assessment required to be paid by each memberof the association.
2. The audit required by this section must beconducted by an auditor approved by the Commissioner.
3. A report of the audit must be filed with theCommissioner in a form required by the Commissioner.
4. The association or any member of the associationmay request a hearing before the Commissioner to object to any standardindustrial classification assigned to a member of the association as a resultof the audit. If the Commissioner determines that the assessment required to bepaid by any member of the association is:
(a) Insufficient because of the standard industrialclassification assigned to him, the Commissioner shall order the association tocollect from that member any amount required to recover the deficiency.
(b) Excessive because of the standard industrial classificationassigned to him, the Commissioner shall order the association to pay to themember the excess amount collected.
5. The expenses of any audit conducted pursuant tothis section must be paid by the association.
(Added to NRS by 1993, 676)(Substituted in revisionfor NRS 616.37957)
NRS
1. If the assets of an association of self-insuredpublic or private employers exceed the amount necessary for the association to:
(a) Pay its obligations and administrative expenses;
(b) Carry reasonable reserves; and
(c) Provide for contingencies,
the board oftrustees of the association may, after obtaining the approval of theCommissioner, declare and distribute dividends to the members of the association.
2. Any dividend declared pursuant to subsection 1 mustbe distributed not less than 12 months after the end of the fund year.
3. A dividend may be paid only to those members whoare members of the association for the entire fund year. The payment of adividend must not be conditioned upon the member continuing his membership inthe association after the fund year.
4. An association shall give to each prospectivemember of the association a written description of its plan for distributingdividends when he applies for membership in the association.
(Added to NRS by 1993, 676; A
NRS
1. Each association of self-insured public or privateemployers shall adopt a plan for the payment of annual assessments by themembers of the association which must be approved by the Commissioner.
2. The plan must include a requirement for:
(a) An initial payment, in advance, of a portion of theannual assessment due from each member of the association. If the associationis an association of self-insured public employers, the initial payment must bein an amount approved by the Commissioner. If the association is an associationof self-insured private employers, the initial payment must be in an amountequal to at least 25 percent of the members annual assessment.
(b) Payment of the balance of the annual assessment duein quarterly or monthly installments.
(Added to NRS by 1993, 677)(Substituted in revisionfor NRS 616.37965)
NRS
1. Actuarially appropriate loss reserves. Such reservesmust include reserves for:
(a) Actual claims and the expenses associated withthose claims; and
(b) Claims incurred but not reported, and the expensesassociated with those claims.
2. Reserves for uncollected debts based on theexperience of the association or other associations.
(Added to NRS by 1993, 677; A
NRS
1. If the assets of an association of self-insuredpublic or private employers are insufficient to make certain the prompt paymentof all compensation under chapters 616A to
(a) Transfer any surplus acquired from a previous fundyear to the current fund year to make up the deficiency;
(b) Transfer money from its administrative account toits claims account;
(c) Collect an additional assessment from its membersin an amount required to make up the deficiency; or
(d) Take any other action to make up the deficiencywhich is approved by the Commissioner.
2. If the association wishes to transfer any surplusfrom one fund year to another, the association must first notify the Commissionerof the transfer.
3. The Commissioner shall order the association tomake up any deficiency pursuant to subsection 1 if the association fails to doso within 30 days after notifying the Commissioner of the deficiency. Theassociation shall be deemed insolvent if it fails to:
(a) Collect an additional assessment from its memberswithin 30 days after being ordered to do so by the Commissioner; or
(b) Make up the deficiency in any other manner within60 days after being ordered to do so by the Commissioner.
(Added to NRS by 1993, 677; A
NRS
1. The Commissioner may issue an order requiring anassociation of self-insured public or private employers or a member of theassociation to cease and desist from engaging in any act or practice found tobe in violation of any provision of NRS616B.350 to 616B.446, inclusive,or any regulation adopted pursuant thereto.
2. If the Commissioner determines that an associationor a member of the association has violated an order to cease and desist, theCommissioner may impose an administrative fine of not more than $10,000 foreach violation of the order, not to exceed an aggregate amount of $100,000, orwithdraw the certificate of the association, or both.
(Added to NRS by 1993, 678)(Substituted in revisionfor NRS 616.37975)
NRS
1. The Commissioner may impose an administrative finefor each violation of any provision of NRS616B.350 to 616B.446, inclusive,or any regulation adopted pursuant thereto. Except as otherwise provided inthose sections, the amount of the fine may not exceed $1,000 for each violationor an aggregate amount of $10,000.
2. The Commissioner may withdraw the certificate of anassociation of self-insured public or private employers if:
(a) The associations certificate was obtained byfraud;
(b) The application for certification contained amaterial misrepresentation;
(c) The association is found to be insolvent;
(d) The association fails to have five or more members;
(e) The association fails to pay the costs of anyexamination or any penalty, fee or assessment required by the provisions of
(f) The association fails to comply with any of theprovisions of this chapter or chapter 616A,
(g) The association fails to comply with any order ofthe Commissioner within the time prescribed by the provisions of
(h) The association or its third-party administratormisappropriates, converts, illegally withholds or refuses to pay any money towhich a person is entitled and that was entrusted to the association in itsfiduciary capacity.
3. If the Commissioner withdraws the certification ofan association of self-insured public or private employers, each employer whois a member of the association remains liable for his obligations incurredbefore and after the order of withdrawal.
4. Any employer who is a member of an associationwhose certification is withdrawn shall, on the effective date of thewithdrawal, qualify as an employer pursuant to
(Added to NRS by 1993, 678; A
NRS
1. Except as otherwise provided in
2. Except as otherwise provided in subsection 3 and
3. The Commissioner may grant additional time, not toexceed an additional 120 days, before the withdrawal of the certificate of anassociation if:
(a) The grounds for withdrawal of the certificate ofthe association are based on paragraph (d) of subsection 2 of
(b) The association is financially sound and capable offulfilling its commitments.
4. If the association requests a hearing:
(a) The Commissioner shall set a date for a hearingwithin 20 days after receiving the request and give the association at least 10business days notice of the time and place of the hearing.
(b) A record of the hearing must be kept, but it neednot be transcribed unless requested by the association with the cost oftranscription to be charged to the association.
(c) Within 5 business days after the hearing, theCommissioner shall either affirm or disaffirm the withdrawal and give theassociation written notice thereof by certified mail. If withdrawal ofcertification is affirmed, the withdrawal becomes effective 10 business daysafter the association receives notice of the affirmance unless within thatperiod the association corrects the conduct which was grounds for thewithdrawal or petitions for judicial review of the affirmance.
5. If the withdrawal of certification is affirmedfollowing judicial review, the withdrawal becomes effective 5 days after entryof the final decree of affirmance.
(Added to NRS by 1993, 679; A 1995, 1642, 1984; 1997,576)
NRS
1. If for any reason the status of an association ofself-insured public or private employers as an association of self-insuredemployers is terminated, the security deposited under
2. At the expiration of the 36-month period, or suchother period as the Commissioner deems proper, the Commissioner may accept, inlieu of any security so deposited, a policy of paid-up insurance in a formapproved by the Commissioner.
(Added to NRS by 1993, 679; A
NRS
(Added to NRS by 1993, 679)(Substituted in revisionfor NRS 616.37987)
NRS
1. For the purposes of
2. If an association of self-insured public or privateemployers becomes insolvent, institutes any voluntary proceeding pursuant tothe Bankruptcy Act or is named in any voluntary proceeding thereunder, makes ageneral or special assignment for the benefit of creditors or fails to paycompensation pursuant to chapters 616A to
3. A licensed surety providing a surety bond pursuantto NRS 616B.353 may terminateliability on its surety bond by giving the Commissioner and the association,associations administrator or third-party administrator 90 days writtennotice. The termination does not limit liability that was incurred under the suretybond before the termination. If the association fails to requalify as anassociation of self-insured public or private employers on or before thetermination date, the associations certificate is withdrawn when thetermination becomes effective.
(Added to NRS by 1993, 679; A 1995,1985)(Substituted in revision for NRS 616.3799)
NRS
1. The Commissioner may assess all associations ofself-insured public or private employers to provide for claims against anyinsolvent association.
2. All money received from such assessments must bedeposited with the State Treasurer to the credit of the Account for InsolventAssociations of Self-Insured Public or Private Employers, which is herebycreated in the Fund for Workers Compensation and Safety. Money in the Accountmust be used solely to carry out the provisions of this section. All claimsagainst the Account must be paid as other claims against the State are paid.The State Treasurer shall invest money in the Account in the same manner and inthe same securities in which he may invest money in the State General Fund.Income realized from the investment of the money in the Account must becredited to the Account.
(Added to NRS by 1993, 680)(Substituted in revisionfor NRS 616.37995)
NRS
(Added to NRS by 1993, 680)(Substituted in revisionfor NRS 616.37997)
PRIVATE CARRIERS
NRS
1. An employer may elect to purchase industrialinsurance from a private carrier for his employees pursuant to
2. An employer who cancels a policy of industrialinsurance to elect to purchase insurance from an insurer other than his presentinsurer shall comply with the reporting requirements of
(Added to NRS by 1995, 2000; A
NRS
1. An employer who cancels a policy of industrialinsurance issued to him by a private carrier shall notify the Administrator inwriting within 20 days after the cancellation, specifying the date on which thecancellation became effective, unless the employers subsequent insurer is aprivate carrier who has already notified the Administrator pursuant tosubsection 2 that it has issued a new policy to that employer. The notice mustbe served personally or sent by first-class mail or electronic transmission tothe Administrator. If the employer has secured insurance with another insurerthat could cause double coverage, the date on which cancellation of the previouspolicy became effective must be the effective date of the new insurance.
2. A private carrier shall notify the Administrator inwriting within 15 days after the private carrier:
(a) Issues a policy of industrial insurance.
(b) Renews a policy of industrial insurance.
(c) Reinstates a policy of industrial insurance thathad been temporarily cancelled.
(d) Cancels or does not renew a policy of industrialinsurance.
3. If the Administrator believes that a privatecarrier has inaccurately reported the information required pursuant tosubsection 2 and notifies the private carrier of the alleged inaccuracy, theprivate carrier shall within 30 calendar days after receiving the notification:
(a) Investigate the alleged inaccuracy; and
(b) Submit to the Administrator accurate information orinformation proving that the previously submitted information was accurate.
4. During the period of investigation by the privatecarrier, the Administrator may not impose any administrative fines, issue anotice of correction or take any other corrective action against the privatecarrier. If the private carrier is able to prove that the informationoriginally submitted to the Administrator or, if applicable, his designatedagent, was accurate, the Administrator may not impose any administrative fines,issue a notice of correction or take any other corrective action against theprivate carrier. As used in this subsection, designated agent means an agentwho is authorized by the Administrator to receive, compile and forward to the Administratorthe information required pursuant to subsection 2.
(Added to NRS by
NRS
1. Before a private carrier may provide industrialinsurance pursuant to chapters 616A to
2. A private carrier shall not provide industrialinsurance pursuant to chapters 616A to
3. A private carrier that is authorized by theCommissioner to provide industrial insurance pursuant to subsection 1:
(a) Constitutes an authorized insurer, as that term isdefined in NRS 679A.030; and
(b) Is subject to the provisions of title 57 of NRSthat govern authorized insurers.
(Added to NRS by 1995, 2001; A 1997, 286;
NRS
(Added to NRS by 1995, 2002)
NRS
1. The Commissioner shall suspend the authorization ofa private carrier to provide industrial insurance for 1 year if, after ahearing thereon, the Commissioner finds that the private carrier hasintentionally or repeatedly failed to comply with the provisions of
2. A hearing to determine whether the authorization ofa private carrier to provide industrial insurance will be suspended pursuant tosubsection 1 must be conducted by the Commissioner pursuant to the provisionsof NRS 679B.310 to
(Added to NRS by 1995, 2003; A 1997, 1432;
NRS
(Added to NRS by 1995, 2001)
THIRD-PARTY ADMINISTRATORS
NRS
1. An insurer may enter into a contract to have hisplan of insurance administered by a third-party administrator.
2. An insurer shall not enter into a contract with anyperson for the administration of any part of the plan of insurance unless thatperson maintains an office in this State and has a certificate issued by theCommissioner pursuant to NRS 683A.08524.
(Added to NRS by 1991, 2393; A 1993, 710;
NRS
1. A person shall not act as a third-partyadministrator for an insurer without a certificate issued by the Commissionerpursuant to NRS 683A.08524.
2. A person who acts as a third-party administratorpursuant to chapters 616A to
(a) Administer from one or more offices located in thisState all of the claims arising under each plan of insurance that headministers and maintain in those offices all of the records concerning thoseclaims;
(b) Administer each plan of insurance directly, withoutsubcontracting with another third-party administrator; and
(c) Upon the termination of his contract with aninsurer, transfer forthwith to a certified third-party administrator chosen bythe insurer all of the records in his possession concerning claims arisingunder the plan of insurance.
3. The Commissioner may, under exceptionalcircumstances, waive the requirements of subsection 2.
(Added to NRS by 1991, 2392; A 1993, 711;
NRS
1. Fails to comply with regulations of theCommissioner regarding reports or other requirements necessary to carry out thepurposes of chapters 616A to
2. Violates any provision of
(Added to NRS by 1991, 2393; A 1993, 711;
NRS
(Added to NRS by 1991, 2393)(Substituted in revisionfor NRS 616.304)
ORGANIZATIONS FOR MANAGED CARE
NRS
1. A self-insured employer, an association ofself-insured public or private employers or a private carrier may:
(a) Except as otherwise provided in
(b) Enter into a contract or contracts with providersof health care, including, without limitation, physicians who provide primarycare, specialists, pharmacies, physical therapists, radiologists, nurses,diagnostic facilities, laboratories, hospitals and facilities that providetreatment to outpatients, to provide medical and health care services toemployees for injuries and diseases that are compensable pursuant to
(c) Require employees to obtain medical and health careservices for their industrial injuries from those organizations and personswith whom the self-insured employer, association or private carrier hascontracted pursuant to paragraphs (a) and (b), or as the self-insured employer,association or private carrier otherwise prescribes.
(d) Except as otherwise provided in subsection 3 of
2. An organization for managed care with whom aself-insured employer, association of self-insured public or private employersor a private carrier has contracted pursuant to this section shall comply withthe provisions of NRS 616B.528,
(Added to NRS by 1993, 690; A 1993, 798; 1995, 2019;
NRS
1. A self-insured employer, an association ofself-insured public or private employers or a private carrier shall not enterinto a contract with an organization for managed care unless the organizationsproposed plan for providing medical and health care services:
(a) Will provide all medical and health care servicesthat may be required for industrial injuries and occupational diseases that arecompensable under chapters 616A to
(b) Provides to injured employees an adequate choice ofproviders of health care who have contracted with the organization toparticipate in the proposed plan; and
(c) Provides appropriate financial incentives to reducecosts of medical and health care services without affecting the quality of anycare provided to an injured employee.
2. The Division may adopt regulations to ensure theadequacy of an insurers panel of providers of health care established pursuantto subsection 1.
(Added to NRS by
NRS
(Added to NRS by
NRS
1. Advocates in private or in public on behalf of aninjured employee;
2. Assists an injured employee in seekingreconsideration of a determination by the organization for managed care to denycoverage for a medical or health care service; or
3. Reports a violation of law to an appropriateauthority.
(Added to NRS by
NRS
1. An organization for managed care shall not offer orpay any type of material inducement, bonus or other financial incentive to aprovider of health care to deny, reduce, withhold, limit or delay specificmedically necessary medical or health care services to an injured employee.
2. The provisions of this section do not prohibit anarrangement for payment between an organization for managed care and a providerof health care that uses financial incentives, if the arrangement is designedto provide an incentive to the provider of health care to use medical andhealth care services effectively and consistently in the best interest of thetreatment of the injured employee.
(Added to NRS by
SUBSEQUENT INJURY ACCOUNTS
Self-Insured Employers
NRS
(Added to NRS by 1995, 2124; A
NRS
1. There is hereby created the Board for theAdministration of the Subsequent Injury Account for Self-Insured Employers,consisting of five members who are self-insured employers. The members must beappointed by the Governor.
2. The members of the Board shall elect a Chairman andVice Chairman from among the members appointed. After the initial election of aChairman and Vice Chairman, each of those officers shall hold office for a termof 2 years commencing on July 1 of each odd-numbered year. If a vacancy occursin the chairmanship or vice chairmanship, the members of the Board shall electa replacement for the remainder of the unexpired term.
3. Vacancies on the Board must be filled in the samemanner as original appointments.
4. The members of the Board serve withoutcompensation.
5. A legal counsel that has been appointed by or hascontracted with the Division pursuant to NRS232.660 shall serve as legal counsel of the board.
(Added to NRS by 1995, 2124; A
NRS
1. The members of the Board may meet throughout eachyear at the times and places specified by a call of the Chairman or a majorityof the Board. The Board may prescribe rules and regulations for its ownmanagement and government. Three members of the Board constitute a quorum, anda quorum may exercise all the power and authority conferred on the Board. If amember of the Board submits a claim against the Subsequent Injury Account forSelf-Insured Employers, that member shall not vote on or otherwise participatein the decision of the Board concerning that claim.
2. The Board shall administer the Subsequent InjuryAccount for Self-Insured Employers in accordance with the provisions of
(Added to NRS by 1995, 2125; A
NRS
1. There is hereby created in the Fund for WorkersCompensation and Safety in the State Treasury the Subsequent Injury Account forSelf-Insured Employers, which may be used only to make payments in accordancewith the provisions of NRS 616B.557and 616B.560. The Board shalladminister the Account based upon recommendations made by the Administratorpursuant to subsection 8.
2. All assessments, penalties, bonds, securities andall other properties received, collected or acquired by the Board for theSubsequent Injury Account for Self-Insured Employers must be delivered to thecustody of the State Treasurer.
3. All money and securities in the Account must beheld by the State Treasurer as custodian thereof to be used solely for workerscompensation for employees of self-insured employers.
4. The State Treasurer may disburse money from theAccount only upon written order of the Board.
5. The State Treasurer shall invest money of theAccount in the same manner and in the same securities in which he is authorizedto invest State General Funds which are in his custody. Income realized fromthe investment of the assets of the Account must be credited to the Fund.
6. The Board shall adopt regulations for theestablishment and administration of assessment rates, payments and penalties.Assessment rates must result in an equitable distribution of costs among theself-insured employers and must be based upon expected annual expenditures forclaims for payments from the Subsequent Injury Account for Self-InsuredEmployers.
7. The Commissioner shall assign an actuary to reviewthe establishment of assessment rates. The rates must be filed with theCommissioner 30 days before their effective date. Any self-insured employer whowishes to appeal the rate so filed must do so pursuant to
8. The Administrator shall:
(a) Evaluate any claim submitted to the Board forpayment or reimbursement from the Subsequent Injury Account for Self-InsuredEmployers and recommend to the Board any appropriate action to be takenconcerning the claim; and
(b) Submit to the Board any other recommendationsrelating to the
(Added to NRS by 1981, 1454; A 1987, 452; 1991, 207;1993, 725, 1867; 1995, 531, 539, 2143, 2169, 2170; 1997, 127, 593;
NRS
1. If an employee of a self-insured employer has apermanent physical impairment from any cause or origin and incurs a subsequentdisability by injury arising out of and in the course of his employment whichentitles him to compensation for disability that is substantially greater byreason of the combined effects of the preexisting impairment and the subsequentinjury than that which would have resulted from the subsequent injury alone,the compensation due must be charged to the Subsequent Injury Account for Self-InsuredEmployers in accordance with regulations adopted by the Board.
2. If the subsequent injury of such an employeeresults in his death and it is determined that the death would not haveoccurred except for the preexisting permanent physical impairment, thecompensation due must be charged to the Subsequent Injury Account forSelf-Insured Employers in accordance with regulations adopted by the Board.
3. As used in this section, permanent physicalimpairment means any permanent condition, whether congenital or caused byinjury or disease, of such seriousness as to constitute a hindrance or obstacleto obtaining employment or to obtaining reemployment if the employee isunemployed. For the purposes of this section, a condition is not a permanent physicalimpairment unless it would support a rating of permanent impairment of 6percent or more of the whole man if evaluated according to the American MedicalAssociations Guides to the Evaluation of Permanent Impairment as adopted andsupplemented by the Division pursuant to NRS616C.110.
4. To qualify under this section for reimbursementfrom the Subsequent Injury Account for Self-Insured Employers, the self-insuredemployer must establish by written records that the self-insured employer hadknowledge of the permanent physical impairment at the time the employee washired or that the employee was retained in employment after the self-insuredemployer acquired such knowledge.
5. A self-insured employer shall notify the Board ofany possible claim against the Subsequent Injury Account for Self-InsuredEmployers as soon as practicable, but not later than 100 weeks after the injuryor death.
6. The Board shall adopt regulations establishingprocedures for submitting claims against the Subsequent Injury Account forSelf-Insured Employers. The Board shall notify the self-insured employer of hisdecision on such a claim within 90 days after the claim is received.
7. An appeal of any decision made concerning a claimagainst the Subsequent Injury Account for Self-Insured Employers must besubmitted directly to the district court.
(Added to NRS by 1973, 693; A 1979, 1050; 1981, 1477;1985, 373; 1987, 453, 944; 1991, 362, 492, 502, 2414; 1993, 572, 620, 726, 727,1868; 1995, 531, 541, 2144, 2169, 2170; 1997, 593;
NRS
1. A self-insured employer who pays compensation dueto an employee who has a permanent physical impairment from any cause or originand incurs a subsequent disability by injury arising out of and in the courseof his employment which entitles him to compensation for disability that issubstantially greater by reason of the combined effects of the preexistingimpairment and the subsequent injury than that which would have resulted fromthe subsequent injury alone is entitled to be reimbursed from the SubsequentInjury Account for Self-Insured Employers if:
(a) The employee knowingly made a false representationas to his physical condition at the time he was hired by the self-insuredemployer;
(b) The self-insured employer relied upon the falserepresentation and this reliance formed a substantial basis of the employment;and
(c) A causal connection existed between the falserepresentation and the subsequent disability.
If thesubsequent injury of the employee results in his death and it is determinedthat the death would not have occurred except for the preexisting permanentphysical impairment, any compensation paid is entitled to be reimbursed fromthe Subsequent Injury Account for Self-Insured Employers.
2. A self-insured employer shall notify the Board ofany possible claim against the Subsequent Injury Account for Self-InsuredEmployers pursuant to this section no later than 60 days after the date of thesubsequent injury or the date the self-insured employer learns of theemployees false representation, whichever is later.
(Added to NRS by 1987, 452; A 1993, 572, 728; 1995,2145; 1997, 593; 2001,2759)
Associations of Self-Insured Public or Private Employers
NRS
(Added to NRS by 1995, 2125; A
NRS
1. There is hereby created the Board for theAdministration of the Subsequent Injury Account for Associations ofSelf-Insured Public or Private Employers, consisting of five members who aremembers of an association of self-insured public or private employers. Themembers of the Board must be appointed by the Governor.
2. The members of the Board shall elect a Chairman andVice Chairman from among the members appointed. After the initial election of aChairman and Vice Chairman, each of those officers shall hold office for a termof 2 years commencing on July 1 of each odd-numbered year. If a vacancy occursin the chairmanship or vice chairmanship, the members of the Board shall electa replacement for the remainder of the unexpired term.
3. Vacancies on the Board must be filled in the samemanner as original appointments.
4. The members of the Board serve withoutcompensation.
5. A legal counsel that has been appointed by or hascontracted with the Division pursuant to NRS232.660 shall serve as legal counsel of the Board.
(Added to NRS by 1995, 2125; A
NRS
1. The members of the Board may meet throughout eachyear at the times and places specified by a call of the Chairman or a majorityof the Board. The Board may prescribe rules and regulations for its ownmanagement and government. Three members of the Board constitute a quorum, anda quorum may exercise all the power and authority conferred on the Board. If amember of the Board submits a claim against the Subsequent Injury Account forAssociations of Self-Insured Public or Private Employers, that member shall notvote on or otherwise participate in the decision of the Board concerning thatclaim.
2. The Board shall administer the Subsequent InjuryAccount for Associations of Self-Insured Public or Private Employers inaccordance with the provisions of NRS616B.575, 616B.578 and
(Added to NRS by 1995, 2125; A 1997, 593;
NRS
1. There is hereby created in the Fund for WorkersCompensation and Safety in the State Treasury the Subsequent Injury Account forAssociations of Self-Insured Public or Private Employers, which may be usedonly to make payments in accordance with the provisions of
2. All assessments, penalties, bonds, securities andall other properties received, collected or acquired by the Board for theSubsequent Injury Account for Associations of Self-Insured Public or PrivateEmployers must be delivered to the custody of the State Treasurer.
3. All money and securities in the Account must beheld by the State Treasurer as custodian thereof to be used solely for workerscompensation for employees of members of Associations of Self-Insured Public orPrivate Employers.
4. The State Treasurer may disburse money from theAccount only upon written order of the Board.
5. The State Treasurer shall invest money of theAccount in the same manner and in the same securities in which he is authorizedto invest State General Funds which are in his custody. Income realized fromthe investment of the assets of the Account must be credited to the Account.
6. The Board shall adopt regulations for theestablishment and administration of assessment rates, payments and penalties.Assessment rates must result in an equitable distribution of costs among theassociations of self-insured public or private employers and must be based uponexpected annual expenditures for claims for payments from the Subsequent InjuryAccount for Associations of Self-Insured Public or Private Employers.
7. The Commissioner shall assign an actuary to reviewthe establishment of assessment rates. The rates must be filed with theCommissioner 30 days before their effective date. Any association ofself-insured public or private employers that wishes to appeal the rate sofiled must do so pursuant to NRS 679B.310.
8. The Administrator shall:
(a) Evaluate any claim submitted to the Board forpayment or reimbursement from the Subsequent Injury Account for Associations ofSelf-Insured Public or Private Employers and recommend to the Board anyappropriate action to be taken concerning the claim; and
(b) Submit to the Board any other recommendationsrelating to the Account.
(Added to NRS by 1995, 2126; A 1997, 128;
NRS
1. If an employee of a member of an association ofself-insured public or private employers has a permanent physical impairmentfrom any cause or origin and incurs a subsequent disability by injury arisingout of and in the course of his employment which entitles him to compensationfor disability that is substantially greater by reason of the combined effectsof the preexisting impairment and the subsequent injury than that which wouldhave resulted from the subsequent injury alone, the compensation due must becharged to the Subsequent Injury Account for Associations of Self-InsuredPublic or Private Employers in accordance with regulations adopted by theBoard.
2. If the subsequent injury of such an employeeresults in his death and it is determined that the death would not haveoccurred except for the preexisting permanent physical impairment, thecompensation due must be charged to the Subsequent Injury Account forAssociations of Self-Insured Public or Private Employers in accordance withregulations adopted by the Board.
3. As used in this section, permanent physicalimpairment means any permanent condition, whether congenital or caused byinjury or disease, of such seriousness as to constitute a hindrance or obstacleto obtaining employment or to obtaining reemployment if the employee is unemployed.For the purposes of this section, a condition is not a permanent physicalimpairment unless it would support a rating of permanent impairment of 6percent or more of the whole man if evaluated according to the American MedicalAssociations Guides to the Evaluation of Permanent Impairment asadopted and supplemented by the Division pursuant to
4. To qualify under this section for reimbursementfrom the Subsequent Injury Account for Associations of Self-Insured Public orPrivate Employers, the association of self-insured public or private employersmust establish by written records that the employer had knowledge of thepermanent physical impairment at the time the employee was hired or that theemployee was retained in employment after the employer acquired such knowledge.
5. An association of self-insured public or privateemployers shall notify the Board of any possible claim against the SubsequentInjury Account for Associations of Self-Insured Public or Private Employers assoon as practicable, but not later than 100 weeks after the injury or death.
6. The Board shall adopt regulations establishingprocedures for submitting claims against the Subsequent Injury Account forAssociations of Self-Insured Public or Private Employers. The Board shallnotify the Association of Self-Insured Public or Private Employers of itsdecision on such a claim within 90 days after the claim is received.
7. An appeal of any decision made concerning a claimagainst the Subsequent Injury Account for Associations of Self-Insured Publicor Private Employers must be submitted directly to the district court.
(Added to NRS by 1995, 2126; A
NRS
1. An association of self-insured public or privateemployers that pays compensation due to an employee who has a permanentphysical impairment from any cause or origin and incurs a subsequent disabilityby injury arising out of and in the course of his employment which entitles himto compensation for disability that is substantially greater by reason of thecombined effects of the preexisting impairment and the subsequent injury thanthat which would have resulted from the subsequent injury alone is entitled tobe reimbursed from the Subsequent Injury Account for Associations ofSelf-Insured Public or Private Employers if:
(a) The employee knowingly made a false representationas to his physical condition at the time he was hired by the member of theAssociation of Self-Insured Public or Private Employers;
(b) The employer relied upon the false representationand this reliance formed a substantial basis of the employment; and
(c) A causal connection existed between the falserepresentation and the subsequent disability.
If thesubsequent injury of the employee results in his death and it is determinedthat the death would not have occurred except for the preexisting permanentphysical impairment, any compensation paid is entitled to be reimbursed fromthe Subsequent Injury Account for Associations of Self-Insured Public orPrivate Employers.
2. An association of self-insured public or privateemployers shall notify the Board of any possible claim against the SubsequentInjury Account for Associations of Self-Insured Public or Private Employers pursuantto this section no later than 60 days after the date of the subsequent injuryor the date the employer learns of the employees false representation,whichever is later.
(Added to NRS by 1995, 2127; A
Private Carriers
NRS
1. There is hereby created in the Fund for Workers Compensationand Safety in the State Treasury the Subsequent Injury Account for PrivateCarriers, which may be used only to make payments in accordance with theprovisions of NRS 616B.587 and
2. All assessments, penalties, bonds, securities andall other properties received, collected or acquired by the Administrator forthe Subsequent Injury Account for Private Carriers must be delivered to thecustody of the State Treasurer.
3. All money and securities in the Account must beheld by the State Treasurer as custodian thereof to be used solely for workerscompensation for employees whose employers are insured by private carriers.
4. The State Treasurer may disburse money from theAccount only upon written order of the State Controller.
5. The State Treasurer shall invest money of theAccount in the same manner and in the same securities in which he is authorizedto invest State General Funds which are in his custody. Income realized fromthe investment of the assets of the Account must be credited to the Account.
6. The Administrator shall adopt regulations for theestablishment and administration of assessment rates, payments and penalties.Assessment rates must reflect the relative hazard of the employments covered byprivate carriers, must result in an equitable distribution of costs among theprivate carriers and must be based upon expected annual premiums to bereceived.
7. The Commissioner shall assign an actuary to reviewthe establishment of assessment rates. The rates must be filed with theCommissioner 30 days before their effective date. Any private carrier whowishes to appeal the rate so filed must do so pursuant to
(Added to NRS by 1995, 2124; A 1997, 593, 596;
NRS
1. If an employee of an employer who is insured by aprivate carrier has a permanent physical impairment from any cause or originand incurs a subsequent disability by injury arising out of and in the courseof his employment which entitles him to compensation for disability that issubstantially greater by reason of the combined effects of the preexistingimpairment and the subsequent injury than that which would have resulted fromthe subsequent injury alone, the compensation due must be charged to theSubsequent Injury Account for Private Carriers in accordance with regulationsadopted by the Administrator.
2. If the subsequent injury of such an employeeresults in his death and it is determined that the death would not haveoccurred except for the preexisting permanent physical impairment, thecompensation due must be charged to the Subsequent Injury Account for PrivateCarriers in accordance with regulations adopted by the Administrator.
3. As used in this section, permanent physicalimpairment means any permanent condition, whether congenital or caused byinjury or disease, of such seriousness as to constitute a hindrance or obstacleto obtaining employment or to obtaining reemployment if the employee isunemployed. For the purposes of this section, a condition is not a permanentphysical impairment unless it would support a rating of permanent impairmentof 6 percent or more of the whole man if evaluated according to the AmericanMedical Associations Guides to the Evaluation of Permanent Impairment asadopted and supplemented by the Division pursuant to
4. To qualify under this section for reimbursementfrom the Subsequent Injury Account for Private Carriers, the private carriermust establish by written records that the employer had knowledge of thepermanent physical impairment at the time the employee was hired or that theemployee was retained in employment after the employer acquired such knowledge.
5. A private carrier shall notify the Administrator ofany possible claim against the Subsequent Injury Account for Private Carriersas soon as practicable, but not later than 100 weeks after the injury or death.
6. The Administrator shall adopt regulationsestablishing procedures for submitting claims against the Subsequent InjuryAccount for Private Carriers. The Administrator shall notify the privatecarrier of his decision on such a claim within 90 days after the claim isreceived.
7. An appeal of any decision made concerning a claimagainst the Subsequent Injury Account for Private Carriers must be submitteddirectly to the appeals officer. The appeals officer shall hear such an appealwithin 45 days after the appeal is submitted to him.
(Added to NRS by 1995, 2124; A 1997, 593, 596;
NRS
1. A private carrier who pays compensation due to anemployee who has a permanent physical impairment from any cause or origin andincurs a subsequent disability by injury arising out of and in the course ofhis employment which entitles him to compensation for disability that issubstantially greater by reason of the combined effects of the preexistingimpairment and the subsequent injury than that which would have resulted fromthe subsequent injury alone is entitled to be reimbursed from the SubsequentInjury Account for Private Carriers if:
(a) The employee knowingly made a false representationas to his physical condition at the time he was hired by the employer insuredby a private carrier;
(b) The employer relied upon the false representationand this reliance formed a substantial basis of the employment; and
(c) A causal connection existed between the falserepresentation and the subsequent disability.
If thesubsequent injury of the employee results in his death and it is determinedthat the death would not have occurred except for the preexisting permanentphysical impairment, any compensation paid is entitled to be reimbursed fromthe Subsequent Injury Account for Private Carriers.
2. A private carrier shall notify the Administrator ofany possible claim against the Subsequent Injury Account for Private Carrierspursuant to this section no later than 60 days after the date of the subsequentinjury or the date the employer learns of the employees false representation,whichever is later.
(Added to NRS by 1995, 2124; A 1997, 593, 596;
LIABILITY FOR PROVISION OF COVERAGE
Applicability
NRS
1. Except as limited in subsection 3, any employee whohas been hired outside of this State and his employer are exempted from theprovisions of chapters 616A to
(a) The extraterritorial provisions of
(b) Employers and employees who are covered in thisState are likewise exempted from the application of the Nevada IndustrialInsurance Act or similar laws of the other state.
The benefitsprovided in the Nevada Industrial Insurance Act or similar laws of the otherstate are the exclusive remedy against the employer for any injury, whetherresulting in death or not, received by the employee while working for theemployer in this State.
2. A certificate from the Administrator or similarofficer of another state certifying that the employer of the other state isinsured therein and has provided extraterritorial coverage insuring hisemployees while working within this State is prima facie evidence that theemployer carried the industrial insurance.
3. The exemption provided for in this section does notapply to the employees of a contractor, as defined in
4. An employer is not required to maintain coveragefor industrial insurance in this State for an employee who has been hired or isregularly employed in this State, but who is performing work exclusively inanother state, if the other state requires the employer to provide coverage forthe employee in the other state. If the employee receives personal injury byaccident arising out of and in the course of his employment, any claim forcompensation must be filed in the state in which the accident occurred, andsuch compensation is the exclusive remedy of the employee or his dependents.This subsection does not prevent an employer from maintaining coverage for theemployee pursuant to the provisions of chapters616A to 616D, inclusive, and
[Part 74:168:1947; A 1955, 187](NRS A 1981, 1464;1989, 578, 682; 1993, 325; 1995, 2015;
NRS
1. A person is not an employer for the purposes of
(a) He enters into a contract with another person orbusiness which is an independent enterprise; and
(b) He is not in the same trade, business, professionor occupation as the independent enterprise.
2. As used in this section, independent enterprisemeans a person who holds himself out as being engaged in a separate businessand:
(a) Holds a business or occupational license in his ownname; or
(b) Owns, rents or leases property used in furtheranceof his business.
3. The provisions of this section do not apply to:
(a) A principal contractor who is licensed pursuant to
(b) A real estate broker who has a broker-salesman orsalesman associated with him pursuant to NRS645.520.
4. The Administrator may adopt such regulations as arenecessary to carry out the provisions of this section.
(Added to NRS by 1991, 2392; A 1995,2136)(Substituted in revision for NRS 616.262)
NRS
(Added to NRS by 1987, 450)(Substituted in revisionfor NRS 616.263)
NRS
1. Except as otherwise provided in subsection 2:
(a) A contract of employment, insurance, relief benefit,indemnity, or any other device, does not modify, change or waive any liabilitycreated by chapters 616A to
(b) A contract of employment, insurance, reliefbenefit, indemnity, or any other device, having for its purpose the waiver ormodification of the terms or liability created by chapters616A to 616D, inclusive, of NRS is void.
2. Nothing in this section prevents an owner or lessorof real property from requiring an employer who is leasing the real propertyfrom agreeing to insure the owner or lessor of the property against anyliability for repair or maintenance of the premises.
[25:168:1947; 1943 NCL 2680.25](NRS A 1989,1245)(Substituted in revision for NRS 616.265)
NRS
1. Every employer within the provisions of
2. A contractor or subcontractor shall be deemed tohave provided and secured compensation for his employees as required pursuantto subsection 1 to the extent that those employees are covered by aconsolidated insurance program.
3. Travel for which an employee receives wages shall,for the purposes of chapters 616A to
4. In such cases the employer or any insurer of theemployer is relieved from other liability for recovery of damages or othercompensation for those personal injuries unless otherwise provided by the termsof chapters 616A to
[26:168:1947; 1943 NCL 2680.26](NRS A 1971, 2058;1995, 2016; 1999,1723, 3146)
NRS
1. An employer who is certified as a self-insuredemployer directly assumes the responsibility for providing compensation due hisemployees and their beneficiaries under chapters616A to 617, inclusive, of NRS.
2. A self-insured employer is not required to pay thepremiums required of other employers pursuant to chapters616A to 617, inclusive, of NRS but is relievedfrom other liability for personal injury to the same extent as are otheremployers.
3. The claims of employees and their beneficiariesresulting from injuries while in the employment of self-insured employers mustbe handled in the manner provided by chapters616A to 616D, inclusive, of NRS, and theself-insured employer is subject to the regulations of the Division withrespect thereto.
4. The security deposited pursuant to
(Added to NRS by 1979, 1035; A 1981, 1465; 1993,1862)(Substituted in revision for NRS 616.272)
NRS
[28:168:1947; 1943 NCL 2680.28](NRS A 1973, 926;1985, 665; 1993, 710; 1995, 2016;
NRS
1. In case of injury, coverage by industrial insurancemust be provided for trainees while enrolled in a rehabilitation facilityoperated by the Rehabilitation Division of the Department of Employment,Training and Rehabilitation, related to evaluation, treatment, training,surgical apparatuses or medications.
2. The Director of the Department of Employment,Training and Rehabilitation shall make payments to the insurer on all traineesenrolled in a rehabilitation facility operated by the Rehabilitation Divisionof the Department of Employment, Training and Rehabilitation in this State atthe rate approved by the Commissioner and based on a wage of $200 per month pertrainee.
3. Payments must be made from the Account forRehabilitation Facilities of the Rehabilitation Division of the Department ofEmployment, Training and Rehabilitation.
(Added to NRS by 1965, 91; A 1967, 833; 1973, 1406;1981, 1465; 1987, 425; 1993, 1862; 1995, 2016)(Substituted in revision for NRS616.277)
NRS
1. If a quasi-public or private corporation or alimited-liability company is required to be insured pursuant to
(a) Receives pay for services performed as an officer,manager or employee of the corporation or company shall be deemed for thepurposes of those chapters to receive a minimum pay of $6,000 per policy yearand a maximum pay of $36,000 per policy year.
(b) Does not receive pay for services performed as anofficer, manager or employee of the corporation or company shall be deemed forthe purposes of those chapters to receive a minimum pay of $500 per month or$6,000 per policy year.
2. An officer or manager who does not receive pay forservices performed as an officer, manager or employee of the corporation orcompany may elect to reject coverage for himself by filing written noticethereof with the corporation or company and the insurer. The rejection iseffective upon receipt of the notice by the insurer.
3. An officer or manager of such a corporation orcompany who:
(a) Owns the corporation or company; and
(b) Receives pay for the services performed,
may elect toreject coverage for himself by filing written notice thereof with the insurer.The rejection is effective upon receipt of the notice by the insurer.
4. An officer or manager who has rejected coverage mayrescind that rejection by filing written notice thereof with the corporation orcompany and the insurer. The rescission is effective upon receipt of the noticeby the insurer. Except as otherwise provided in subsection 3, if an officer ormanager who has rejected coverage receives pay for services performed as anofficer, manager or employee of the corporation or company, the officer ormanager shall be deemed to have rescinded that rejection.
5. A nonprofit corporation whose officers do notreceive pay for services performed as officers or employees of the corporationmay elect to reject coverage for its current officers and all future officerswho do not receive such pay by filing written notice thereof with thecorporation and the insurer. The rejection is effective upon receipt of thenotice by the insurer.
6. A nonprofit corporation which has rejected coveragefor its officers who do not receive pay for services performed as officers oremployees of the corporation may rescind that rejection by filing writtennotice thereof with the corporation and the insurer. The rescission iseffective upon receipt of the notice by the insurer. If an officer of anonprofit corporation which has rejected coverage receives pay for services performedas an officer or employee of the corporation, the corporation shall be deemedto have rescinded that rejection.
(Added to NRS by 1987, 597; A 1991, 803; 1993, 41;1995, 2016, 2136, 2167; 1997, 579, 1499, 1500;
NRS
1. Except as otherwise provided in this section,before any person, firm or corporation commences work under any contract withthe State or any political subdivision thereof, or a metropolitan policedepartment, the contractor shall furnish to the state agency, politicalsubdivision or metropolitan police department having charge of the letting ofthe contract a certificate of the insurer certifying that the contractor has compliedwith the provisions of chapters 616A to
2. In lieu of furnishing a certificate of an insurerpursuant to the provisions of subsection 1, a sole proprietor who does not usethe services of his employees, if any, in the performance of a contract withthe State or any political subdivision thereof, or a metropolitan policedepartment, may submit to a state agency, political subdivision or metropolitanpolice department specified in subsection 1 an affidavit indicating that thesole proprietor:
(a) In accordance with the provisions of
(b) Is otherwise in compliance with those terms,conditions and provisions.
3. If a sole proprietor submits an affidavit specifiedin subsection 2 to a state agency, political subdivision or metropolitan policedepartment specified in subsection 1, the state agency, political subdivisionor metropolitan police department shall not require the sole proprietor toobtain industrial insurance for himself during any period in which he performswork under the contract for which he submitted the affidavit.
4. A state agency, political subdivision ormetropolitan police department that lets a contract to a sole proprietor inaccordance with this section:
(a) Must not, for any purpose, be considered to be theemployer of the sole proprietor or his employees, if any; and
(b) Is not liable as a principal contractor to the soleproprietor or his employees, if any, for any compensation or other damages as aresult of an industrial injury or occupational disease incurred in theperformance of the contract.
[29:168:1947; 1943 NCL 2680.29](NRS A 1973, 927;1981, 1465; 1985, 665; 1993, 549;
NRS
1. The Administrator shall, not later than 10 daysafter receiving notice from the advisory organization that a contractorscoverage has lapsed, notify the State Contractors Board of that fact.
2. The Commissioner shall notify the Administrator andthe State Contractors Board within 10 days after a contractors certificate ofqualification as a self-insured employer is cancelled or withdrawn or he is nolonger a member of an association of self-insured public or private employers.
(Added to NRS by 1983, 541; A 1993, 710; 1995, 2017;1997, 1434; 2005,1490)
NRS
[30:168:1947; A 1949, 659; 1951, 485](NRS A 1973,599; 1975, 1018; 1995, 2017)(Substituted in revision for NRS 616.285)
NRS
1. If any employer within the provisions of
2. The injured employee or his dependents may in suchan action attach the property of the employer at any time upon or after theinstitution of the action, in an amount fixed by the court, to secure thepayment of any judgment which is ultimately obtained. The provisions of
3. In such an action, the employer does not escapeliability for personal injury or accident sustained by the employee, when theinjury sustained arises out of and in the course of the employment, because:
(a) The employee assumed the risks:
(1) Inherent or incidental to, or arising out ofhis employment;
(2) Arising from the failure of the employer toprovide and maintain a reasonably safe place to work; or
(3) Arising from the failure of the employer tofurnish reasonably safe tools, motor vehicles or appliances.
(b) The employer exercised reasonable care in selectingreasonably competent employees in the business.
(c) The injury was caused by the negligence of acoemployee.
(d) The employee was negligent, unless it appears thatsuch negligence was willful and with intent to cause injury or the injuredparty was intoxicated.
In suchcases it is presumed that the injury to the employee was the result of thenegligence of the employer and that such negligence was the proximate cause ofthe injury, and the burden of proof rests upon the employer to rebut thepresumption of negligence.
[31:168:1947; 1943 NCL 2680.31](NRS A 1960, 154;1975, 1020; 1991, 2408)(Substituted in revision for NRS 616.375)
NRS
1. A principal contractor is not liable for thepayment of compensation for any industrial injury to any independent contractoror any employee of an independent contractor if:
(a) The contract between the principal contractor andthe independent contractor is in writing and the contract provides that theindependent contractor agrees to maintain coverage for industrial insurancepursuant to chapters 616A to
(b) Proof of such coverage is provided to the principalcontractor;
(c) The principal contractor is not engaged in anyconstruction project; and
(d) The independent contractor is not in the sametrade, business, profession or occupation as the principal contractor.
2. The Administrator may adopt such regulations as arenecessary to carry out the provisions of this section.
(Added to NRS by 1991, 2392)(Substituted in revisionfor NRS 616.286)
NRS
(Added to NRS by 1987, 449)(Substituted in revisionfor NRS 616.287)
NRS
1. To determine his obligation to pay premiums forindustrial insurance on behalf of his subcontractors and independentcontractors and their employees, a principal contractor or owner of propertyacting as a principal contractor may request the appropriate insurer to:
(a) Provide him with a statement certifying whether:
(1) Each of the subcontractors and independentcontractors working in his project is insured; and
(2) Each sole proprietor who is a subcontractoror independent contractor has elected coverage for himself pursuant to
(b) During the course of the project, notify himwhenever any of the subcontractors or independent contractors fail to paypremiums or otherwise maintain industrial insurance.
2. Upon completion of the project, the principalcontractor or owner may request the insurer to certify that each subcontractoror independent contractor who was previously reported by the insurer as havingcoverage for industrial insurance has maintained it by paying all premiums duethroughout the entire course of the project. The insurer shall, within 60 daysafter receiving such a request, issue:
(a) A final certificate which states that each suchsubcontractor and independent contractor has paid in full all premiums due forthe project and that the principal contractor or owner is relieved of allliability for payment of any additional premiums related to the particularproject; or
(b) A letter denying the issuance of a finalcertificate related to the project. Such a letter may be issued if asubcontractor or independent contractor:
(1) Is delinquent in the payment of premiums dueon the project;
(2) Has left the State;
(3) Is uncooperative in a required audit of hisrecords;
(4) Is principally located out of State and anaudit is required;
(5) Is delinquent in his submission of hisrecords relating to his payroll;
(6) Has closed his account with the insurer andpremiums are due;
(7) Has failed to submit required information tothe insurer;
(8) Is protesting the results of a requiredaudit;
(9) Elected not to insure himself; or
(10) Has committed any other action which, inthe opinion of the insurer, may result in his failure to pay all premiums due.
3. If the insurer does not issue a final certificateor letter denying the issuance of the certificate within 60 days afterreceiving a request therefor, a final certificate shall be deemed to have beenissued.
(Added to NRS by 1987, 449; A 1995,2017)(Substituted in revision for NRS 616.288)
Election of Coverage
NRS
1. Where the employer, as provided in
2. Every employer electing to be governed by theprovisions of chapters 616A to
3. Failure on the part of any employer to provideindustrial insurance as required by the provisions of
[Part 36:168:1947; 1943 NCL 2680.36](NRS A 1979,1045; 1993, 711; 1995, 2019)(Substituted in revision for NRS 616.305)
NRS
1. A lessee engaged in either mining or operating areduction plant whose employer is within the provisions of
(a) The agreement under which the work is to beperformed;
(b) The aggregate number of shifts worked during thepreceding month; and
(c) The total amount earned by lessees, computed on theaverage daily wages of workmen engaged in like work in the same locality.
Otherwisethe payroll reports and premium payments on earnings of lessees described inthis section are governed by the requirements of chapters616A to 616D, inclusive, of NRSregarding employees engaged at a regular wage.
2. If such a lessee files with the Administrator and theinsurer an acceptance of the provisions of chapters616A to 616D, inclusive, of NRS and, ifapplicable, pays the premiums in advance upon the estimated earnings of himselfand any workmen he may employ, the lessor is relieved of this obligation.
[16:168:1947; 1943 NCL 2680.16](NRS A 1967, 1369;1975, 619, 1019; 1977, 236; 1981, 1467; 1987, 598; 1995, 2020)(Substituted inrevision for NRS 616.310)
NRS
1. An employer in this State having in his employmentany employee excluded from the benefits of chapters616A to 616D, inclusive, of NRS pursuantto NRS 616A.110 may elect to coversuch employees under the provisions of those chapters in the manner provided inthis section.
2. The election on the part of the employer must bemade by filing with the Administrator and the insurer a written statement thathe accepts the provisions of chapters 616Ato 616D, inclusive, of NRS which, whenfiled, operates to subject him to the provisions of those chapters until theemployer files with the Administrator and the insurer a notice in writing thathe withdraws his election.
3. An employee in the service of any such employershall be deemed to have accepted, and is subject to, the provisions of
(a) The employer charged with liability is subject tothe provisions of those chapters, whether or not the employee has actual noticethereof; and
(b) The employee has not given to his employer and tothe Administrator and the insurer notice in writing that he elects to rejectthe provisions of those chapters.
4. An employee who has rejected the provisions of
[Part 37:168:1947; 1943 NCL 2680.37](NRS A 1957,209; 1975, 1019; 1981, 1467; 1987, 655; 1993, 711; 1995, 2020)(Substituted in revisionfor NRS 616.315)
NRS
1. A sole proprietor may elect to be included withinthe terms, conditions and provisions of chapters616A to 616D, inclusive, of NRS tosecure for himself compensation equivalent to that to which an employee is entitledfor any accidental injury sustained by the sole proprietor which arises out ofand in the course of his self-employment by filing a written notice of electionwith the Administrator and a private carrier.
2. A private carrier may require a sole proprietor whoelects to accept the terms, conditions and provisions of
3. A sole proprietor who elects to submit to theprovisions of chapters 616A to
4. If a sole proprietor fails to pay all premiumsrequired by the regulations of the Commissioner, the failure operates as arejection of chapters 616A to
5. A sole proprietor who elects to be includedpursuant to the provisions of chapters 616Ato 616D, inclusive, of NRS remains subjectto all terms, conditions and provisions of those chapters and all regulationsof the Commissioner until he files written notice with the Administrator andthe private carrier that he withdraws his election.
6. For the purposes of chapters616A to 616D, inclusive, of NRS, a soleproprietor shall be deemed to be receiving a wage of $300 per month unless, atleast 90 days before any injury for which he requests coverage, he fileswritten notice with the Administrator and the private carrier that he elects topay an additional amount of premiums for additional coverage. If the privatecarrier receives the additional premiums it requires for such additionalcoverage, the sole proprietor shall be deemed to be receiving a wage of $1,800per month.
(Added to NRS by 1975, 1017; A 1981, 712, 1468; 1991,1688; 1995, 2021; 1999,1774; 2001, 2452)
NRS
[76:168:1947; 1943 NCL 2680.76](NRS A 1979, 1045;1981, 1468; 1995, 2021; 1999,219)
Employee Leasing Companies
NRS
1. Applicant means a person seeking a certificate ofregistration pursuant to NRS 616B.670to 616B.697, inclusive, to operate anemployee leasing company.
2. Client company means a company which leasesemployees, for a fee, from an employee leasing company pursuant to a written ororal agreement.
3. Employee leasing company means a company which,pursuant to a written or oral agreement:
(a) Places any of the regular, full-time employees of aclient company on its payroll and, for a fee, leases them to the client companyon a regular basis without any limitation on the duration of their employment;or
(b) Leases to a client company:
(1) Five or more part-time or full-timeemployees; or
(2) Ten percent or more of the total number ofemployees within a classification of risk established by the Commissioner.
(Added to NRS by 1993, 2419; A 1995, 2135;
NRS
1. A person shall not operate an employee leasingcompany in this State unless he has complied with the provisions of
2. Any person who violates the provisions ofsubsection 1 is guilty of a misdemeanor.
3. Each certificate of registration issued by theAdministrator pursuant to NRS 616B.670to 616B.697, inclusive, expires 1 yearafter it is issued unless renewed before that date.
(Added to NRS by 1993, 2419; A
NRS
(Added to NRS by 1993, 2419; A
NRS
1. Each application must include:
(a) The applicants name and title of his position withthe employee leasing company.
(b) The applicants age, place of birth and socialsecurity number.
(c) The applicants address.
(d) The business address of the employee leasingcompany.
(e) The business address of the resident agent of theemployee leasing company, if the applicant is not the resident agent.
(f) If the applicant is a:
(1) Partnership, the name of the partnership andthe name, address, age, social security number and title of each partner.
(2) Corporation, the name of the corporation andthe name, address, age, social security number and title of each officer of thecorporation.
(g) Proof of:
(1) Compliance with the provisions of
(2) The payment of any premiums for industrialinsurance required by chapters 616A to
(3) The payment of contributions or payments inlieu of contributions required by chapter 612of NRS.
(4) Insurance coverage for any benefit plan froman insurer authorized pursuant to title 57 of NRS that is offered by the employeeleasing company to its employees.
(h) Any other information the Administrator requires.
2. Each application must be notarized and signed underpenalty of perjury:
(a) If the applicant is a sole proprietorship, by thesole proprietor.
(b) If the applicant is a partnership, by each partner.
(c) If the applicant is a corporation, by each officerof the corporation.
3. An applicant shall submit to the Administrator anychange in the information required by this section within 30 days after thechange occurs. The Administrator may revoke the certificate of registration ofan employee leasing company which fails to comply with the provisions of
4. If an insurer cancels an employee leasing companyspolicy, the insurer shall immediately notify the Administrator in writing. Thenotice must comply with the provisions of NRS687B.310 to 687B.355, inclusive,and must be served personally on or sent by first-class mail or electronictransmission to the Administrator.
(Added to NRS by 1993, 2419; A
NRS
(Added to NRS by 1995, 2124)
NRS
(Added to NRS by 1995, 2124)
NRS
(Added to NRS by 1993, 2420)(Substituted in revisionfor NRS 616.2544)
NRS
1. For the purposes of chapters612 and 616A to
2. An employee leasing company shall be deemed to bethe employer of its leased employees for the purposes of sponsoring andmaintaining any benefit plans.
3. An employee leasing company shall not offer itsemployees any self-funded insurance program. An employee leasing company shallnot act as a self-insured employer or be a member of an association ofself-insured public or private employers pursuant to
4. If an employee leasing company fails to:
(a) Pay any contributions, premiums, forfeits orinterest due; or
(b) Submit any reports or other information required,
pursuant tothis chapter or chapter 612,
(Added to NRS by 1993, 2420; A 1995, 2014, 2135;1997, 579; 2003,20th Special Session, 218)
NRS
(Added to NRS by 1993, 2421; A 1995, 649;
NRS
(Added to NRS by 1993, 2421; A
Consolidated Insurance Programs
NRS
1. A private company, public entity or utility may:
(a) Establish and administer a consolidated insuranceprogram to provide industrial insurance coverage for employees of contractorsand subcontractors who are engaged in a construction project of which theprivate company, public entity or utility is the owner or principal contractor,if the estimated total cost of the construction project is equal to or greaterthan the threshold amount established by the Commissioner pursuant tosubsection 3; and
(b) As a condition precedent to the award of a contractto perform work on the construction project, require that contractors andsubcontractors who will be engaged in the construction of the projectparticipate in the consolidated insurance program.
2. If a private company, public entity or utility:
(a) Establishes and administers a consolidatedinsurance program; and
(b) Pursuant to the contract for the construction ofthe project, owes a periodic payment to a contractor or subcontractor whoseemployees are covered under the consolidated insurance program,
the privatecompany, public entity or utility shall not withhold such a periodic payment onthe basis that the contractor or subcontractor has not signed an employersreport of industrial injury or occupational disease as required pursuant to
3. The Commissioner shall establish the thresholdamount that the estimated total cost of a construction project must be equal toor greater than before a consolidated insurance program may be established andadministered for that project pursuant to this section. The base amount for thethreshold must initially be $150,000,000 and thereafter must be an amount equalto $150,000,000 as adjusted by the Commissioner on June 30 of each year toreflect the present value of that amount with respect to the construction costindex.
4. As used in this section:
(a) Construction cost index means the constructioncost index published by the Engineering News-Record as a measure of inflation.
(b) Estimated total cost means the estimated cost tocomplete all parts of a construction project, including, without limitation,the cost of:
(1) Designing the project;
(2) Acquiring the real property on which theproject will be constructed;
(3) Connecting the project to utilities;
(4) Excavating and carrying out undergroundimprovements for the project; and
(5) Acquiring equipment and furnishings for theproject.
The termdoes not include the cost of any fees or charges associated with acquiring themoney necessary to complete the project.
(Added to NRS by
NRS
1. A private carrier who is authorized to transactindustrial insurance in this State may contract with a private company, publicentity or utility to provide industrial insurance coverage for a consolidatedinsurance program.
2. A private company, public entity or utility thatenters into a contract with a private carrier for the provision of industrialinsurance coverage for a consolidated insurance program shall file a copy ofthe contract with the Commissioner at least 60 days before the date on whichthe construction project is scheduled to begin.
3. The Commissioner shall, within 60 days afterreceiving a copy of a contract pursuant to subsection 2, review and approve ordisapprove the contract. If the Commissioner does not disapprove the contractwithin 60 days after receiving it, the contract shall be deemed approved.
(Added to NRS by
NRS
(Added to NRS by
NRS
1. Provisions that require compliance with each of therequirements relating to safety and the administration of claims for industrialinsurance at the site of the construction project that are set forth in
2. The names and qualifications of the personsappointed to oversee issues of safety and the administration of claims forindustrial insurance at the site of the construction project pursuant to
3. The terms and conditions pursuant to which thecontract provides industrial insurance coverage. The terms and conditions mustinclude, without limitation:
(a) A definition of the site of the constructionproject that:
(1) Delineates clearly the area within whichcoverage is provided; and
(2) Is reasonably contiguous to the actualphysical site of the construction project; and
(b) A description of the scope and details of theconstruction project and the duration of industrial insurance coverage that isprovided for the project;
4. A list in which the owner, principal contractor,construction manager, contractors and subcontractors of the constructionproject are set forth as named insureds; and
5. A provision setting forth the penalties to whichthe owner, principal contractor, construction manager, contractors andsubcontractors of the construction project may be subject if such persons orentities fail to comply with the provisions relating to safety and theadministration of claims for industrial insurance that are required pursuant toNRS 616B.725 and
(Added to NRS by
NRS
1. The claim is filed after the completion of theconstruction project; or
2. Any party to the contract is not transactingbusiness within this State at the time the claim is filed.
(Added to NRS by
NRS
1. A consolidated insurance program that a privatecompany, public entity or utility is authorized to establish and administerpursuant to NRS 616B.710 must, in themanner set forth in this section, provide for the safety of an employee of a contractoror subcontractor who is engaged in the construction project when such an employeeworks at the site of the construction project.
2. The owner or principal contractor of theconstruction project shall develop and carry out a safety program thatincludes, without limitation:
(a) The establishment of minimum standards of safety tobe observed during construction of the project;
(b) The holding of regular meetings to address anddiscuss issues related to safety;
(c) Training of contractors and subcontractorsregarding issues and procedures related to safety;
(d) Regular inspections of the site of the constructionproject to identify potential safety hazards and ensure that minimum standardsof safety are being observed;
(e) The notification of contractors and subcontractorsof special hazards that exist at the site of the construction project,including advice on ways in which the contractors and subcontractors can avoidthose hazards; and
(f) The prompt investigation of any injuries that takeplace at the site of the construction project which result in death or seriousbodily injury.
3. The owner or principal contractor of theconstruction project shall hire or contract with two persons to serve as theprimary and alternate coordinators for safety for the construction project. Theprimary and alternate coordinators for safety must:
(a) Possess credentials in the field of safety that theAdministrator determines to be adequate to prepare a person to act as acoordinator for safety for a construction project, including, withoutlimitation, credentials issued by the:
(1) Board of Certified Safety Professionals; or
(2) Insurance Institute of America; or
(b) Have at least 3 years of experience in overseeingmatters of occupational safety and health in the field of construction that theAdministrator determines to be adequate to prepare a person to act as acoordinator for safety for a construction project.
4. The primary and alternate coordinators for safetyfor the construction project:
(a) Must not serve as coordinators for safety foranother construction project that is covered by a different consolidatedinsurance program;
(b) Shall oversee and enforce the safety programestablished pursuant to subsection 2, including, without limitation, resolvingproblems related to the operation of the safety program; and
(c) Shall ensure that the contractors, employers andsubcontractors who are engaged in the construction of the project coordinatetheir efforts regarding issues of occupational safety and health to create andmaintain a safe and healthful workplace.
5. The alternate coordinator for safety shall reportto the primary coordinator for safety regarding activities that take place atthe site of the construction project when the primary coordinator is absent.
6. The owner or principal contractor of theconstruction project shall ensure that the primary or alternate coordinator forsafety for the construction project is physically present at the site of theconstruction project whenever activity related to construction is taking placeat the site.
(Added to NRS by
NRS
1. A consolidated insurance program that a privatecompany, public entity or utility is authorized to establish and administerpursuant to NRS 616B.710 must, in themanner set forth in this section, provide for the administration of claims forindustrial insurance for an employee of a contractor or subcontractor who isengaged in the construction project when such an employee works at the site ofthe construction project.
2. The owner or principal contractor of theconstruction project shall hire or contract with a person to serve as theadministrator of claims for industrial insurance for the construction project.Such a person must not serve as an administrator of claims for industrialinsurance for another construction project that is covered by a differentconsolidated insurance program.
3. The administrator of claims for industrialinsurance for the construction project who is hired or with whom the owner orprincipal contractor contracts pursuant to subsection 2 shall:
(a) Assist an employee who is covered under theconsolidated insurance program or, in the event of the employees death, one ofhis dependents, in filing a written notice of injury or death as requiredpursuant to NRS 616C.015 or a writtennotice of an occupational disease as required pursuant to
(b) Sign and file on behalf of a contractor orsubcontractor whose employees are covered under the consolidated insuranceprogram an employers report of industrial injury or occupational disease asrequired pursuant to NRS 616C.045 or
(c) Ensure that an employee who is covered under theconsolidated insurance program and who has been injured or who has incurred anoccupational disease while working on the construction project is directed to amedical facility that will provide treatment to the employee under the program;
(d) Handle all issues, to the extent reasonablypracticable, relating to claims for industrial insurance at the site of theconstruction project; and
(e) Hire or contract such assistant administrators asmay be necessary to carry out his responsibilities pursuant to this section.
4. The owner or principal contractor of theconstruction project shall ensure that the administrator of claims forindustrial insurance for the construction project or an assistant administratoris physically present at the site of the construction project whenever activityrelated to construction is taking place at the site.
(Added to NRS by
NRS
1. A consolidated insurance program must not provideindustrial insurance coverage, a comprehensive program of safety or for theadministration of claims for industrial insurance for an employee of acontractor or subcontractor who is engaged in the construction of the projectthat is covered by the consolidated insurance program at any time that such anemployee does not work at the site of the construction project.
2. A contractor or subcontractor who is engaged in theconstruction of a project that is covered by a consolidated insurance programshall maintain separate industrial insurance coverage for its employees who:
(a) Are not assigned to participate in the constructionof the project; or
(b) Are assigned to participate in the construction ofthe project but who do not work exclusively at the site of the project.
3. The owner or principal contractor of a constructionproject shall reimburse a contractor or subcontractor who bids successfully onthe construction project for the cost of providing separate industrialinsurance coverage for an employee if:
(a) The contractor or subcontractor set the amount ofhis bid in a reasonable, good faith belief that the employee would workexclusively at the site of the construction project and would therefore befully covered by the consolidated insurance program; and
(b) Because of changed circumstances not reasonablyforeseeable at the time the bid was submitted, the employee worked in whole orin part at a location other than the site of the construction project,requiring the contractor or subcontractor to obtain separate industrialinsurance coverage for that employee.
(Added to NRS by
NRS
(Added to NRS by
NRS
1. In the notice or advertisement for bids for theconstruction of the project, state:
(a) That the employees of contractors andsubcontractors who are engaged in the construction of the project will becovered under a consolidated insurance program when such employees work at thesite of the project; and
(b) Whether such a program will be an owner-controlledinsurance program or a contractor-controlled insurance program; and
2. Hold a pre-bid conference at which it provides topotential contractors and subcontractors, without limitation, the followinginformation:
(a) A general explanation of the manner in which aconsolidated insurance program operates;
(b) An overview of the provisions of
(c) A general description of the safety procedures thatwill be required as part of the consolidated insurance program; and
(d) The procedures pursuant to which claims forindustrial insurance will be administered.
(Added to NRS by
NRS
(Added to NRS by
APPEALS PANEL FOR INDUSTRIAL INSURANCE
NRS
1. The Appeals Panel for Industrial Insurance ishereby created. The Appeals Panel consists of seven members who are appointedby the Governor, in consultation with the Commissioner. From the appropriatelist of persons, if any, provided by the advisory organization pursuant tosubsection 2, the Governor, in consultation with the Commissioner, shallappoint:
(a) An employee of the Division of Insurance of theDepartment of Business and Industry;
(b) An agent who is:
(1) Licensed pursuant to
(2) A member of a nationally recognizedassociation for the profession of insurance agents;
(c) Two representatives of the general public:
(1) One of which must be employed by, or theproprietor of, a business which is a member of:
(I) A local chamber of commerce; or
(II) Another organization representing thegeneral business interests of a group of businesses located in this State.
(2) Neither of which may be an independentcontractor to, or an employee or representative of, an insurance company,insurance broker, insurance agent or insurance solicitor, a law firm, actuaryor a representative of a trade association that represents or supports theinterests specific to the trade of any such persons.
(3) Both of which must be knowledgeable in thefield and business of industrial insurance in this State;
(d) Two representatives of private carriers; and
(e) A representative of the advisory organization whoadministers appeals panels for grievances of employers in other states.
2. On or before June 1 of a year in which the Governoris to appoint a member to the Appeals Panel, the advisory organization shallcompile lists of nominees for appointment pursuant to subsection 1 and providesuch lists to the Governor and the Commissioner. The advisory organizationshall compile three lists, each containing the names of at least five personswho, in the opinion of the advisory organization, would be appropriate membersof the Appeals Panel as:
(a) The agent appointed pursuant to paragraph (b) ofsubsection 1;
(b) The two representatives of the general publicappointed pursuant to paragraph (c) of subsection 1; and
(c) The two representatives of private carriersappointed pursuant to paragraph (d) of subsection 1.
3. Within 30 days after such appointments have beenmade, the Governor shall notify the advisory organization of the names of eachnew member.
4. After the initial terms, members shall serve termsof 2 years, except when appointed to fill unexpired terms.
5. A vacancy in the membership of the Appeals Panelmust be filled by the Governor, in consultation with the Commissioner, inaccordance with the provisions of subsections 1 and 2 for the remainder of theunexpired term. The newly appointed member must have the same qualifications asthe vacating member, as specified in paragraph (a), (b), (c), (d) or (e) ofsubsection 1, as appropriate.
(Added to NRS by
NRS
1. At its first meeting of each year, the AppealsPanel shall elect a Chairman from among its members.
2. The Chairman shall hold office for 1 year.
3. If a vacancy occurs in the chairmanship, themembers of the Panel shall elect a Chairman from among its members for theremainder of the unexpired term of the Chairman.
4. Unless the members agree unanimously to a differentdate, the first meeting of each year must be as soon as practicable after July1.
(Added to NRS by
NRS
1. The Chairman of the Appeals Panel shall:
(a) Schedule the time and place of the meetings andhearings of the Appeals Panel;
(b) Establish the agenda for each meeting and hearingof the Appeals Panel; and
(c) Ensure that the meetings of the Appeals Panel areconducted in an efficient manner.
2. The Chairman of the Appeals Panel may appoint fromthe membership of the Appeals Panel a secretary to whom he may delegate hisadministrative functions.
(Added to NRS by
1. The Appeals Panel shall meet at the times andplaces specified by a call of the Chairman.
2. Four members of the Appeals Panel constitute aquorum to transact all business, and a majority of those present must concur onany decision.
(Added to NRS by
NRS
1. Each member of the Appeals Panel is entitled toreceive, for his attendance at the meetings of the Appeals Panel, the per diemallowance and travel expenses provided for state officers and employeesgenerally.
2. Expenses of the members of the Appeals Panel mustbe paid from assessments payable by each insurer pursuant to the formula filedwith and approved by the Commissioner pursuant to
3. As used in this section, insurer has the meaningascribed to it in NRS 686B.1759.
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NRS
1. An employer, other than a self-insured employer,who determines that circumstances specific to his case require a review of the:
(a) Establishment of the employers modification ofpremium based on experience;
(b) Classification of risk assigned for the employersbusiness; or
(c) Application of the supplementary rate informationto the employer,
may file awritten grievance with the Appeals Panel.
2. The insurer of that employer and the advisoryorganization may participate in a hearing on the grievance by appearing andproviding testimony or other evidence. If an insurer or the advisoryorganization participates in the hearing, the insurer or the advisoryorganization is a party to the hearing and may appeal, pursuant to theprovisions of NRS 616B.787, thedecision made by the Appeals Panel.
3. As used in this section supplementary rateinformation has the meaning ascribed to it in
(Added to NRS by
1. The Appeals Panel shall hear a grievance of anemployer filed pursuant to NRS 616B.772.
2. The Appeals Panel shall not hear:
(a) Complaints concerning the effect of theclassifications of risks or rules that are applied by all insurers to allsimilarly classified businesses within this State.
(b) Grievances concerning contested cases forcompensation pursuant to the provisions of chapters616A to 616D, inclusive, or
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NRS
1. Within 30 days after receipt of a written grievancefrom an employer pursuant to NRS 616B.772and not less than 10 days before the hearing on such grievance, the AppealsPanel shall provide written notice to the employer, his insurer and theadvisory organization of the date and place of the hearing.
2. A decision on a grievance must be issued pursuantto NRS 616B.785 within 30 days afterthe hearing.
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NRS
1. Rules, criteria and standards for underwritingpolicies that are applied by an insurer.
2. Plans or other documents concerning the marketingor strategic planning of an insurer or employer.
3. Data, studies and reports concerning thedevelopment of new products or services.
4. Data that identify the share of the market of aninsurer within each class of risk.
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NRS
1. If a member of the Appeals Panel determines that hehas a personal interest or a conflict of interest, directly or indirectly, witha party to a hearing or the subject matter of the hearing, the Chairman of theAppeals Panel shall appoint a substitute member for that hearing who has thesame qualifications, as specified in paragraph (a), (b), (c), (d) or (e) ofsubsection 1 of NRS 616B.760 as themember who has the conflict of interest. If the Chairman is the member with theconflict of interest, another member of the Appeals Panel shall appoint thesubstitute.
2. A conflict of interest may be waived if, after fullwritten disclosure of the facts raising such a conflict, all parties to theappeal agree in writing to the hearing of the appeal by the member. Such waivermust be filed with the Chairman of the Appeals Panel before the hearing. If theChairman is the member with the conflict of interest, the waiver must be filedwith the Commissioner.
3. The member of the Appeals Panel who represents theadvisory organization shall be deemed not to have a conflict of interest withrespect to the advisory organization if it is a party to a hearing.
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NRS
1. Within 30 days after each hearing, the Chairman ora member of the Appeals Panel designated by the Chairman shall prepare anddeliver personally or by mail to each party to the hearing and to theCommissioner a written memorandum stating:
(a) The reasons for the decision of the Appeals Panelconcerning those parties; and
(b) The rights of any party to the hearing to appealpursuant to NRS 616B.787 and a briefdescription of the procedure for making such an appeal.
The votes ofeach member of the Appeals Panel must not be recorded on this memorandum.
2. Each month, copies of all decisions made by theAppeals Panel during the prior month must be delivered personally or by mail tothe advisory organization.
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NRS
1. A party to the hearing who wishes to appeal adecision of the Appeals Panel must do so pursuant to the provisions of
2. The Commissioner shall not hold a hearing on therequest of an employer concerning the establishment of the employersmodification of premium based on experience, the classification of riskassigned for the employers business, or application of the insurerssupplementary rate information to the employer unless the employer has:
(a) Filed a written grievance with the Appeals Panelpursuant to NRS 616B.772; and
(b) Received a written decision from the Appeals Panel.
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NRS
(Added to NRS by
MISCELLANEOUS PROVISIONS
NRS
(Added to NRS by 1997, 1425; A 1997, 1456)
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