reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.405 - Powers of Administrator: Adoption of regulations concerning affidavit required of businesses by local governments to affirm compliance with chapters 616A to 616D, inclusive, of NRS.

The Administrator may adopt regulations relating to NRS 244.33505 and 268.0955, including regulations specifying the form of the affidavit required by those sections.
(Added to NRS by 1991, 2390)—(Substituted in revision for NRS 616.2205)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.410 - Administrator to prosecute and defend actions; extraordinary writs; verifications; undertakings.

1. The Administrator may prosecute, defend and maintain actions in the name of the Administrator for the enforcement of the provisions of chapters 616A to 616D, inclusive, or 617 of NRS and is entitled to all extraordinary writs provided by the Constitution of the State of Nevada, the statutes of this State and the Nevada Rules of Civil Procedure in connection therewith for the enforcement thereof.
2. Verification of any pleading, affidavit or other paper required may be made by the Administrator.
3. In any action or proceeding or in the prosecution of any appeal by the Administrator, no bond or undertaking need be furnished by the Administrator.
[82:168:1947; 1943 NCL § 2680.82]—(NRS A 1969, 1101; 1981, 1459; 1999, 207)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.417 - Filing or delivering documentation by electronic transmission; regulations by Administrator.

1. Except as otherwise provided in chapters 616A to 617, inclusive, of NRS, a form, notice, claim, bill or other document required to be filed, mailed or delivered pursuant to the provisions of those chapters, or any regulations adopted pursuant thereto, may, in the alternative, be filed or delivered by electronic transmission.
2. For the purposes of the provisions of chapters 616A to 617, inclusive, of NRS, and any regulations adopted pursuant thereto, a signature on a form, notice, claim, bill or other document that is filed or delivered by electronic transmission has the same legal effect as the original signature.
3. The Administrator may adopt such regulations as are necessary to provide for the filing or delivery of such documents by electronic transmission.
(Added to NRS by 1997, 1423)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.420 - Agreements or compacts with other states; insurance coverage against double liability of employers.

1. The Administrator may enter into agreements or compacts with appropriate agencies, bureaus, boards or commissions of other states concerning matters of mutual interest, extraterritorial problems in the administration of chapters 616A to 616D, inclusive, or chapter 617 of NRS, and to eliminate duplicate claims or benefits.
2. The insurer may provide liability insurance coverage against any risks of double liability on the part of employers subject to chapters 616A to 616D, inclusive, or chapter 617 of NRS, for the same accident or injury.
(Added to NRS by 1973, 368; A 1981, 1461; 1999, 208)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.435 - Office created; appointment; term; qualifications; duties limited.

1. The Office of the Nevada Attorney for Injured Workers is hereby created within the Department of Business and Industry. The Governor shall appoint the Nevada Attorney for Injured Workers for a term of 4 years.
2. The Nevada Attorney for Injured Workers:
(a) Must be an attorney licensed to practice law in this State.
(b) Is in the unclassified service of the State.
(c) Except as otherwise provided in NRS 7.065, shall not engage in the private practice of law.
3. The duties of the Nevada Attorney for Injured Workers are limited to those prescribed by NRS 616A.455 and 616A.460.
(Added to NRS by 1977, 886; A 1979, 310; 1981, 1285; 1985, 667; 1989, 204; 1991, 833; 1993, 1861)—(Substituted in revision for NRS 616.253)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.440 - Employment of Deputy and staff; qualifications of Deputy.

1. The Nevada Attorney for Injured Workers may employ:
(a) A Deputy Nevada Attorney for Injured Workers who is in the unclassified service of the State.
(b) Clerical and other necessary staff who are in the classified service of the State.
2. The Deputy must be an attorney licensed to practice law in this State and, except as otherwise provided in NRS 7.065, shall not engage in the private practice of law.
(Added to NRS by 1977, 886; A 1985, 443, 667; 1989, 204; 1991, 833)—(Substituted in revision for NRS 616.2531)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.445 - Offices; budget.

1. The Nevada Attorney for Injured Workers shall establish an office in Carson City or Reno, Nevada, and an office in Las Vegas, Nevada.
2. The Nevada Attorney for Injured Workers shall prepare and submit a budget for the maintenance and operation of his or her office in the same manner as other state agencies.
(Added to NRS by 1977, 886; A 1979, 1044; 1981, 1463; 1983, 1294; 1985, 667; 1991, 59, 833, 1934, 1935)—(Substituted in revision for NRS 616.2533)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.450 - Request for appointment; consideration of and action upon request; representation upon appointment.

1. Any claimant may request the appointment of the Nevada Attorney for Injured Workers to represent him or her. The request must be made in writing.
2. The appeals officer or Administrator, as the case may be, shall consider each request within a reasonable time and shall make any inquiry as he or she deems necessary. If the appeals officer or Administrator, as applicable, finds that the claimant would be better served by legal representation in the case, he or she shall appoint the Nevada Attorney for Injured Workers to represent the claimant. Once the Nevada Attorney for Injured Workers has been appointed to represent a claimant, the Nevada Attorney for Injured Workers is authorized to represent the claimant at any level of proceedings if, in the opinion of the Nevada Attorney for Injured Workers, the representation is necessary.
(Added to NRS by 1977, 886; A 1983, 478; 1985, 667; 1989, 818; 1991, 833)—(Substituted in revision for NRS 616.2535)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.455 - Powers and duties.

1. Except as otherwise provided in subsection 3, the Nevada Attorney for Injured Workers shall, when appointed by an appeals officer or the Administrator, represent without charge a claimant before the appeals officer, Administrator, district court, Court of Appeals or Supreme Court. In addition, the Nevada Attorney for Injured Workers may give advice regarding a claimant’s rights before a hearing officer and the procedure for enforcing those rights.
2. When representing a claimant, the Nevada Attorney for Injured Workers shall:
(a) Advise the claimant and present the claimant’s case to the appeals officer or Administrator; and
(b) Present in the district court or the appellate court of competent jurisdiction an appeal from the decision of the appeals officer or Administrator if, in the opinion of the Nevada Attorney for Injured Workers, the appeal is merited.
3. If the Nevada Attorney for Injured Workers determines, in accordance with the guidelines adopted pursuant to subsection 4, that a claim is frivolous or lacks merit, he or she may refuse to represent a claimant.
4. The Nevada Attorney for Injured Workers shall establish the policies to be followed in determining whether a claim is frivolous or lacks merit.
(Added to NRS by 1977, 886; A 1985, 668; 1989, 818; 1991, 834, 2403; 2013, 1793)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.460 - Employment of private counsel by claimant; reimbursement of Division; report to Governor.

1. The provisions of NRS 616A.435 to 616A.460, inclusive, do not prevent any claimant from engaging private counsel at any time, but the employment of private counsel relieves the Nevada Attorney for Injured Workers from further presentation of the claimant’s case. Any claimant who uses the services of the Nevada Attorney for Injured Workers and who also retains private counsel shall reimburse the Division for the reasonable cost of the services of the Nevada Attorney for Injured Workers.
2. The Nevada Attorney for Injured Workers shall submit a report to the Governor containing a statement of the number of claimants represented, the status of each case and the amount and nature of the expenditures made by his or her office.
(Added to NRS by 1977, 887; A 1981, 1463; 1985, 668; 1991, 834; 1993, 1861)—(Substituted in revision for NRS 616.2539)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.465 - Responsibilities of Division, Commissioner of Insurance, Department of Administration and Nevada Attorney for Injured Workers.

1. Except as otherwise provided in this section, the Division shall:
(a) Regulate insurers pursuant to chapters 616A to 617, inclusive, of NRS;
(b) Investigate insurers regarding compliance with statutes and the Division’s regulations; and
(c) Regulate professional employer organizations pursuant to the provisions of NRS 616B.692.
2. The Commissioner is responsible for reviewing rates, investigating the solvency of insurers, authorizing private carriers pursuant to chapter 680A of NRS and certifying:
(a) Self-insured employers pursuant to NRS 616B.300 to 616B.330, inclusive, and 616B.336;
(b) Associations of self-insured public or private employers pursuant to NRS 616B.350 to 616B.446, inclusive; and
(c) Third-party administrators pursuant to chapter 683A of NRS.
3. The Department of Administration is responsible for contested claims relating to industrial insurance pursuant to NRS 616C.310 to 616C.385, inclusive. The Administrator is responsible for administrative appeals pursuant to NRS 616B.215.
4. The Nevada Attorney for Injured Workers is responsible for legal representation of claimants pursuant to NRS 616A.435 to 616A.460, inclusive, and 616D.120.
5. The Division is responsible for the investigation of complaints. If a complaint is filed with the Division, the Administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons. If the Administrator determines that a violation may have occurred, the Administrator shall proceed in accordance with the provisions of NRS 616D.120 and 616D.130.
6. As used in this section, "professional employer organization" has the meaning ascribed to it in NRS 611.400.
(Added to NRS by 1981, 1453; A 1983, 355; 1985, 666; 1991, 831, 2400; 1993, 699, 700, 1856; 1995, 531, 542, 1638, 2010, 2130; 1997, 285, 532, 535; 1999, 400, 1714, 2412; 2001, 170; 2009, 1122; 2021, 1920)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.467 - Power of Commissioner and Administrator to delegate authority to collect fines and deposit in Fund for Workers’ Compensation and Safety; claims for attorney’s fees and costs of investigation if authority to collect fines not delegated.

1. The Commissioner or the Administrator may delegate to a hearing officer or panel the authority of the Commissioner or the Administrator, as applicable, to take any disciplinary action pursuant to NRS 616B.318, 616B.321, 616B.350 to 616B.446, inclusive, 616B.463, 616B.472 or 616D.120, impose and collect administrative fines pursuant to those sections and deposit the money in the Fund for Workers’ Compensation and Safety.
2. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 1 and the Commissioner or the Administrator deposits the money collected from the imposition of administrative fines with the State Treasurer for credit to the State General Fund, he or she may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.
[84:168:1947; 1943 NCL § 2680.84]—(NRS A 1965, 1344; 1973, 602; 1981, 1477; 1983, 1532; 1985, 584; 1989, 893; 1993, 724; 1995, 2028; 1999, 1715, 1766)—(Substituted in revision for NRS 616B.086)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.470 - Self-insured employers and private carriers to compensate Nevada Attorney for Injured Workers or Hearings Division of Department of Administration for services provided.

1. Except as otherwise provided in subsection 2, each self-insured employer, association of self-insured public or private employers and private carrier shall compensate the office of the Nevada Attorney for Injured Workers or the Hearings Division of the Department of Administration, as appropriate, for all services which the Occupational Safety and Health Review Board, the Nevada Attorney for Injured Workers, the mediators and the appeals officers provide to those employers. The cost of any service must be negotiated by the employer, association or private carrier, and the Nevada Attorney for Injured Workers or the Division, as appropriate, before the employer, association or private carrier is charged for the service.
2. All compensation must be on the basis of actual cost and not on a basis which includes any subsidy for the Office of the Nevada Attorney for Injured Workers, the Division or other employers.
(Added to NRS by 1979, 1039; A 1981, 1461; 1985, 667; 1991, 832; 1993, 707, 708; 1995, 2014; 1997, 1423; 1999, 444, 1761)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.475 - Self-insured employers, associations of self-insured employers and private carriers to furnish information to Administrator; insured employer to keep sufficient supply of blank forms.

1. Every self-insured employer, association of self-insured public or private employers or private carrier shall furnish to the Administrator, upon request, all information required to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS. The Administrator or any person employed by the Administrator for that purpose, may examine, under oath, any employer or officer, agent or employee thereof.
2. Every insured employer shall keep on hand constantly a sufficient supply of blank forms furnished by the insurer.
[Part 44:168:1947; 1943 NCL § 2680.44] + [45:168:1947; 1943 NCL § 2680.45]—(NRS A 1981, 1165, 1468; 1995, 2021; 1999, 208, 1762)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.480 - Required execution of blank forms by employer; penalty for noncompliance.

1. Every employer receiving from the insurer or Administrator any blank form with directions to fill it out shall:
(a) Cause it to be filled out properly.
(b) Answer fully and correctly all questions therein propounded, and if unable to do so, shall give sufficient reasons for his or her failure. Answers to questions must be verified and returned to the insurer or Administrator, as appropriate, within 6 working days.
2. If an employer fails to comply with the provisions of subsection 1, the Administrator shall impose a fine of not more than $1,000 for each failure to comply.
[46:168:1947; 1943 NCL § 2680.46]—(NRS A 1981, 1469; 1991, 2404; 1993, 712; 1995, 2022)—(Substituted in revision for NRS 616.330)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.485 - Employer’s records open to inspection.

1. The books, records and payroll of an employer who is self-insured, a member of an association of self-insured public or private employers or insured by a private carrier must be open to inspection by the Administrator or an auditor or agent of the Administrator to determine:
(a) The accuracy of the payroll;
(b) The number of persons employed; and
(c) Any other information necessary for the administration of chapters 616A to 617, inclusive, of NRS.
2. The books, records and payroll of an employer who is insured by a private carrier must be open to inspection by that private carrier or its auditor or agent in the manner prescribed in subsection 1.
[Part 80:168:1947; 1943 NCL § 2680.80]—(NRS A 1981, 1469; 1993, 1862; 1995, 2022; 1999, 1762, 2413; 2001, 115)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.490 - Employer to post notice identifying industrial insurer; contents of notice.

Every employer shall post a notice upon his or her premises in a conspicuous place identifying the employer’s industrial insurer. The notice must:
1. Include the insurer’s name, business address and telephone number and the name, business address and telephone number of its nearest adjuster in this State. The employer shall at all times maintain the notice provided for the information of his or her employees.
2. Prominently set forth any applicable definitions of "employee" and "independent contractor," as those terms are defined in chapters 616A to 616D, inclusive, of NRS.
(Added to NRS by 1995, 2000; A 2019, 3164)
2023 Nevada Revised Statutes › Chapter 616A - Industrial Insurance: Administration › NRS 616A.495 - Employer to make available evidence of coverage; penalty for noncompliance.

1. Each employer shall ensure that a copy of the employer’s:
(a) Policy of industrial insurance, including the declaration page, if the employer is insured by a private carrier;
(b) Certificate issued by the Commissioner pursuant to NRS 616B.312, if the employer is self-insured; or
(c) Certificate issued by the Commissioner pursuant to NRS 616B.359 and of a certificate or letter issued by the association of self-insured public or private employers verifying that the employer is a member in good standing of the association, if the employer is a member of an association of self-insured public or private employers,
is available at all times for inspection by the Administrator or the auditor or agent of the Administrator or an investigator of the Attorney General at each of the employer’s places of business, except that if such a place of business is situated in a temporary location and is intended to remain in the temporary location for not more than 1 year, the copy must be made available at that place of business within 24 hours after being requested by the Administrator, auditor, agent or investigator.
2. An employer insured by a private carrier, self-insured employer or employer who is a member of an association of self-insured public or private employers who violates the provisions of subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1997, 3216; A 1997, 3224; 2001, 800)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.003 - Periodic audit of insurers; required standard auditing procedures; information to be shared by Division of Insurance; report to Legislature.

1. The Administrator shall cause to be conducted at least every 5 years an audit of all insurers who provide benefits to injured employees pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. The Administrator shall cause to be conducted each year on a random basis additional partial audits of any insurer who has a history of violations of the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, or the regulations adopted pursuant thereto, as determined by the Administrator.
2. The Administrator shall require the use of standard auditing procedures and shall establish a manual to describe the standard auditing 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 and retention of the audit report.
3. The Commissioner and the Administrator shall establish a procedure for sharing information between the Division of Insurance of the Department of Business and Industry and the Division concerning the qualifications of employers as self-insured employers pursuant to NRS 616B.300 or as an association of self-insured public or private employers pursuant to NRS 616B.353.
4. On or before March 1 of each year, the Administrator shall make a report of each audit to the Legislature, if it is in session, or to the Interim Finance Committee if the Legislature is not in session.
(Added to NRS by 1991, 2394; A 1993, 700, 1857; 1995, 531; 2003, 1670)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.005 - Insurers to cooperate with Commissioner; duty of private carriers to provide certain information to Commissioner.

Each insurer shall cooperate with the Commissioner in the performance of his or her duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. Each private carrier shall provide the Commissioner with any information, statistics or data in its records which pertain to any employer who is making an application to become self-insured or who is self-insured, or who is becoming or who is a member of an association of self-insured public or private employers.
(Added to NRS by 1979, 1039; A 1981, 1460; 1993, 707; 1995, 2014; 1999, 211, 1767)—(Substituted in revision for NRS 616B.194)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.006 - Insurer required to provide information necessary for enforcement of statutes, regulations or standards; Administrator required to make written request for information.

1. An insurer shall provide to the Administrator upon written request only information in its possession which is necessary for the enforcement of any provision of this chapter or chapter 616A, 616C, 616D or 617 of NRS, or any regulation or standard adopted pursuant thereto, within 30 days after the date of the request. The written request must specifically indicate:
(a) What information is being requested; and
(b) The statute, regulation or standard adopted pursuant thereto for which the information is needed.
2. Upon the receipt of a written request from an insurer, the Administrator may extend the time within which information must be provided if good cause for granting the extension is shown.
(Added to NRS by 1991, 2394)—(Substituted in revision for NRS 616.191)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.009 - Reports required to be made by insurers.

1. All insurers shall report to the Administrator, annually or at intervals which the Administrator requires, all accidental injuries, occupational diseases, dispositions of claims and payments made pursuant to chapters 616A to 617, inclusive, of NRS or regulations adopted by the Division pursuant thereto.
2. Each self-insured employer and association of self-insured public or private employers shall report its reserves to the Administrator 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)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.011 - Request for health care records; fees.

1. If an injured employee or his or her legal representative requests health care records from an insurer, third-party administrator or employer pursuant to subsection 2 of NRS 616B.012, any other provision of chapters 616A to 616D, inclusive, or chapter 617 of NRS or any regulation adopted pursuant thereto, the insurer, third-party administrator or employer shall furnish a copy of the requested records to the injured employee or legal representative. Such records may be furnished in an electronic format using a method of secure electronic transmission that complies with applicable federal and state law.
2. If an insurer, third-party administrator or employer maintains health care records electronically, any fee to furnish those records in an electronic format pursuant to subsection 1 must not exceed:
(a) Fifteen dollars for records able to be delivered by electronic mail; or
(b) Twenty-five dollars for records required to be delivered using a secure electronic method of file sharing.
3. Any fee to furnish health care records in a form that is not electronic pursuant to subsection 1 must not exceed 30 cents per page.
4. As used in this section:
(a) "Health care records" has the meaning ascribed to it in NRS 629.021 and additionally includes individually identifiable health information, as defined in 45 C.F.R. § 160.103.
(b) "Secure electronic transmission" has the meaning ascribed to it in section 1 of this act.
(Added to NRS by 2023, 2156)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.021 - Files of claims: Availability; maintenance; inspection; reproduction.

1. An insurer shall make the files of claims available for inspection and reproduction:
(a) At an office operated by the insurer or its third-party administrator located in this State; or
(b) By electronic means.
2. The physical records in a file concerning a claim filed in this State may be kept at a location outside this State if all records in the file are made available for inspection and reproduction at an office operated by the insurer or its third-party administrator that is located in this State or by computer in a microphotographic, electronic or other similar format that produces an accurate 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 during regular business hours within 24 hours after requested by the employee or the employee’s designated agent, the employer or the employer’s designated agent, or the Administrator or the Administrator’s designated agent. If a claim filed in this State is closed, the records in the file must be reproduced and available for inspection during regular business hours within 14 days after requested by such persons.
3. Upon request, the insurer shall make copies or other reproductions of anything in the file and may charge a reasonable fee for this service. Copies or other reproductions of materials in the file which are requested by the Administrator or the Administrator’s designated agent, or the Nevada Attorney for Injured Workers or his or her designated agent must be provided free of charge.
4. The Administrator may adopt regulations concerning the:
(a) Maintenance of records in a file on claims that are open or closed; and
(b) Preservation, examination and use of records which have been stored on computer or in a microphotographic, electronic or similar format by an insurer.
5. This section does not require an insurer to allow inspection or reproduction of material regarding which a legal privilege against 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; 2001, 960; 2023, 3614)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.024 - Destruction of records.

1. Upon written approval of the Administrator, the insurer may destroy accumulated and noncurrent detail records such as payroll reports, checks, claims, and other records of similar importance for the period July 1, 1913, to January 1, 1947, if:
(a) Claims from January 1, 1940, and after are first microphotographed; and
(b) A brief inventory of the destroyed records is retained.
2. The insurer may dispose of or destroy any record which has been microphotographed or filmed if the procedure required by NRS 239.051 has been followed.
3. The principal records, such as the general and regular journals and the general ledgers, must be retained intact until audited and then must be microfilmed for retention until their destruction pursuant to NRS 239.051.
[1:222:1953] + [2:222:1953] + [3:222:1953]—(NRS A 1981, 712, 1458; 1989, 1190)—(Substituted in revision for NRS 616.195)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.027 - Insurer to provide office in State and statewide toll-free telephone service; private carrier to provide adequate services and information to control losses and prevent accidents and occupational diseases; requirement of availability for communication in real time.

1. Every insurer shall:
(a) Provide an office in this State operated by the insurer or its third-party administrator in which:
(1) A complete file, or a reproduction of the complete file, of each claim is accessible, in accordance with the provisions of NRS 616B.021;
(2) Persons authorized to act for the insurer and, if necessary, licensed pursuant to chapter 683A of NRS, may receive information related to a claim and provide the services to an employer and his or her employees required by chapters 616A to 617, inclusive, of NRS; and
(3) An employee or his or her employer, upon request, is provided with information related to a claim filed by the employee or a copy or other reproduction of the information from the file for that claim, in accordance with the provisions of NRS 616B.021.
(b) Provide statewide toll-free telephone service to the office maintained pursuant to paragraph (a).
2. Each private carrier shall provide:
(a) Adequate services to its insured employers in controlling losses; and
(b) Adequate information on the prevention of industrial accidents and occupational diseases.
3. An employee of a private carrier who is licensed as a company adjuster pursuant to chapter 684A of NRS or a person who acts as a third-party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for a private carrier who administers a claim arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS from a location outside of this State pursuant to subsection 1 of NRS 616B.0275 shall make himself or herself available to communicate in real time with the claimant or a representative of the claimant Monday through Friday, 9 a.m. to 5 p.m. local time in this State, excluding any day declared to be a legal holiday pursuant to NRS 236.015.
(Added to NRS by 1995, 2000; A 1999, 1764; 2001, 960; 2023, 3615)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.0275 - Location of administration of claims; authority of Commissioner to waive requirements and adopt regulations.

1. An employee of a private carrier who is licensed as a company adjuster pursuant to chapter 684A of NRS or a person who acts as a third-party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for a private carrier may administer claims arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS from a location in or outside of this State. All records concerning a claim administered pursuant to this subsection must be maintained at one or more offices located in this State or by computer in a microphotographic, electronic or other similar format that produces an accurate reproduction of the original.
2. An employee of a private carrier who is not licensed as a company adjuster pursuant to chapter 684A of NRS or a person who acts as a third-party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for a self-insured employer or an association of self-insured public or private employers may administer claims arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS only from one or more offices located in this State. All records concerning a claim administered pursuant to this subsection must be maintained in those offices.
3. The Commissioner may:
(a) Under exceptional circumstances, waive the requirements of subsections 1 and 2; and
(b) Adopt regulations to carry out the provisions of this section.
(Added to NRS by 2023, 3614)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.028 - Modified program of industrial insurance for offenders in prison industry or work program.

1. Any offender confined at the state prison, while engaged in work in a prison industry or work program, whether the program is operated by an institution of the Department of Corrections, by contract with a public entity or by a private employer, is entitled to coverage under the modified program of industrial insurance established by regulations adopted by the Division if the Director of the Department of Corrections complies with the provisions of the regulations, and coverage is approved by a private carrier.
2. An offender is limited to the rights and remedies established by the provisions of the modified program of industrial insurance established by regulations adopted by the Division. The offender is not entitled to any rights and remedies established by the provisions of chapters 616A to 617, inclusive, of NRS.
3. The Division shall, in cooperation with the Department of Corrections and the Risk Management Division of the Department of Administration, adopt regulations setting forth a modified program of industrial insurance to provide offenders with industrial insurance against personal injuries arising out of and in the course of their work in a prison industry or work program.
(Added to NRS by 1989, 733; A 1995, 1872; 1999, 1717, 1767; 2001 Special Session, 246)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.029 - Modified program of industrial insurance for offenders engaged in work program directed by administrator of county or city jail or other local detention facility.

1. Any offender confined in a county jail, city jail or other local detention facility, while engaged in work in a work program directed by the administrator of the jail or other detention facility, whether the work program is operated by contract with a public entity or by a private employer, may receive coverage under the modified program of industrial insurance established by regulations adopted by the Division if the administrator of the jail or other detention facility complies with the provisions of the regulations and coverage is approved by a private carrier.
2. An offender is limited to the rights and remedies established by the provisions of the modified program of industrial insurance established by regulations adopted by the Division. The offender is not entitled to any rights and remedies established by the provisions of chapters 616A to 617, inclusive, of NRS.
3. The Division, in cooperation with the various administrators of jails and other detention facilities, shall adopt regulations setting forth a modified program of industrial insurance to provide offenders with industrial insurance against personal injuries arising out of and in the course of their work in a work program.
4. As used in this section, "administrator of the jail or other detention facility" means the sheriff of a county jail, chief of police of a city jail or director of a local detention facility.
(Added to NRS by 1997, 3347; A 1999, 1717)—(Substituted in revision for NRS 616B.186)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.030 - Policy of insurance: Required provisions in policies of private carriers; regulations of Commissioner concerning basic policy used by private carriers.

1. Every policy of insurance issued by a private carrier:
(a) Must be in writing;
(b) Must contain the insuring agreements and exclusions;
(c) Is subject to chapters 616A to 617, inclusive, of NRS and regulations adopted pursuant to those chapters; and
(d) If it contains a provision inconsistent with this chapter or chapter 616A, 616C, 616D or 617 of NRS, shall be deemed to be reformed to conform with that chapter.
2. The Commissioner shall, by regulation, prescribe the basic policy to be used by private carriers.
(Added to NRS by 1995, 2001; A 1999, 1764)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.031 - Policy of insurance: Coverage of all employees of employer; coverage of employees under consolidated insurance program.

1. Except as otherwise provided in subsection 2, an insurer shall not issue a policy of industrial insurance to an employer that does not cover each employee of that employer who satisfies the definition of employee set forth in NRS 616A.105 to 616A.225, inclusive.
2. If the employer is a contractor or subcontractor who is engaged in the construction of a project that is covered by a consolidated insurance program established pursuant to NRS 616B.710 to 616B.737, inclusive, an insurer may issue a policy of industrial insurance to that employer which does not cover an employee who:
(a) Is assigned to participate in the construction of the project that is covered by the consolidated insurance program; and
(b) Works exclusively at the site of the construction project that is covered by the consolidated insurance program.
(Added to NRS by 1999, 1715; A 2001, 2448; 2011, 948)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.032 - Policy of insurance: Coverage for domestic worker as part of homeowner’s policy of insurance.

1. A private carrier may provide industrial insurance, as a part of a homeowner’s policy of insurance, to a person who employs a domestic worker for the term of that worker’s employment. Upon providing such coverage, the private carrier may, with the approval of the Commissioner, determine and fix the premium rates to be paid for the industrial insurance so provided.
2. A domestic worker for whom industrial insurance is provided pursuant to subsection 1:
(a) Shall be deemed to be an employee while performing work for his or her employer at a wage:
(1) Equal to his or her average monthly wage as determined pursuant to the regulations adopted by the Administrator pursuant to NRS 616C.420 if the domestic worker is employed more than 20 hours per week; or
(2) Of $150 per month if the domestic worker is employed not more than 20 hours per week; and
(b) Is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS.
3. As used in this section:
(a) "Domestic worker" is a person who is engaged exclusively in household or domestic service performed inside or outside of a person’s residence. The term includes, without limitation, a cook, housekeeper, maid, companion, babysitter, chauffeur or gardener.
(b) "Homeowner’s policy of insurance" means a policy of property or casualty insurance that provides coverage for the loss of or damage to a home or against liability for the death or injury of a person or damage to property.
(Added to NRS by 1999, 1371)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.033 - Default of employer does not relieve insurer from liability; effect of statements contained in application for policy; notification of employer of cancellation of policy; defense based on act or omission of insured employer may not be raised by insurer against claimant; insurer placed in position of employer under certain circumstances.

1. Every policy of insurance issued pursuant to chapters 616A to 617, inclusive, of NRS must contain a provision for the requirements of subsection 5 and a provision that insolvency or bankruptcy of the employer or the employer’s estate, or discharge therein, or any default of the employer does not relieve the insurer from liability for compensation resulting from an injury otherwise covered under the policy issued by the insurer.
2. No statement in an employer’s application for a policy of industrial insurance voids the policy as between the insurer and employer unless the statement is false and would have materially affected the acceptance of the risk if known by the insurer, but in no case does the invalidation of a policy as between the insurer and employer affect the insurer’s obligation to provide compensation to claimants arising before the cancellation of the policy. If the insurer is required pursuant to this subsection to provide compensation under an invalid policy, the insurer is subrogated to the claimant’s rights against the employer.
3. If an insurer intends to cancel a policy of insurance issued by the insurer pursuant to chapters 616A to 617, inclusive, of NRS, the insurer must give notice to that effect in writing to the employer fixing the date on which it is proposed that the cancellation becomes effective, which must be at least 30 days after the date on which the notice is personally delivered or mailed to the employer, except in the case of cancellation for failure to pay a premium when due. The notices must comply with the provisions of NRS 687B.310 to 687B.355, inclusive, and must be served personally on or sent by first-class mail or electronic transmission to the employer. If the employer has secured insurance with another insurer which would cause double coverage, the cancellation must be made effective as of the effective date of the other insurance.
4. As between any claimant and the insurer, no defense based on any act or omission of the insured employer, if different from the insurer, may be raised by the insurer.
5. For the purposes of chapters 616A to 617, inclusive, of NRS, as between the employee and the insurer:
(a) Except as otherwise provided in NRS 616C.065, notice or knowledge of the injury to or by the employer is notice or knowledge to or by the insurer;
(b) Jurisdiction over the employer is jurisdiction over the insurer; and
(c) The insurer is bound by and subject to any judgments, findings of fact, conclusions of law, awards, decrees, orders or decisions rendered against the employer in the same manner and to the same extent as the employer.
(Added to NRS by 1995, 2001; A 1997, 1427; 1999, 444; 2001, 802)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.036 - Conditions for providing industrial insurance for organization or association of employers; approval of group or organization; adoption of regulations.

1. A private carrier may provide industrial insurance for an organization or association of employers as a group if:
(a) The members of the organization or association are engaged in a common trade or business; and
(b) The formation and operation of a program of industrial insurance for the organization or association will substantially assist in the handling of claims and the prevention of accidents for the employers as a group.
2. Notwithstanding the provisions of subsection 1, a private carrier may provide industrial insurance for an organization or association of employers as a group whose members are not engaged in a common trade or business if:
(a) The organization or association of employers is formed and maintained for purposes other than obtaining industrial insurance; and
(b) The contract or other agreement pursuant to which the private carrier will provide industrial insurance for the organization or association provides that:
(1) A separate policy will be issued to each member of the organization or association; and
(2) Other than the payment of premiums by the organization or association, the organization or association and each of its members are not liable for the cost of the administration of claims or the compensation payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.
3. The Commissioner must approve each organization or association before a policy of industrial insurance may be issued to it as a group pursuant to subsection 1 or 2.
4. The Commissioner shall adopt regulations for the qualification of organizations or associations of employers described in subsections 1 and 2.
(Added to NRS by 1995, 2004; A 1999, 1764, 2414; 2001, 115)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.038 - Prohibition against charging fee for inclusion on panel of providers of health care; penalty.

1. If an insurer establishes a panel of providers of health care for the purpose of offering health care services pursuant to chapters 616A to 617, inclusive, of NRS, the insurer shall not charge a provider of health care:
(a) A fee to include the name of the provider on the panel of providers of health care; or
(b) Any other fee related to establishing a provider of health care as a provider for the insurer.
2. If an insurer violates the provisions of subsection 1, the insurer shall pay to the provider of health care an amount that is equal to twice the fee charged to the provider of health care.
3. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section.
(Added to NRS by 2003, 3373)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.040 - Creation; source; investments.

1. There is hereby established in the State Treasury the State Insurance Fund. The Commissioner shall administer the Fund.
2. The money in the Fund may be invested by the State Treasurer in accordance with the provisions of NRS 355.140, 355.150 and 355.160.
3. Any money delivered to the Commissioner pursuant to NRS 616B.042 and 696B.360 must be deposited in the Fund and be held in trust by the Commissioner as custodian thereof for the purpose of providing compensation for industrial accidents and occupational diseases and for administrative expenses incidental thereto.
(Added to NRS by 1999, 1763)—(Substituted in revision for NRS 616B.0862)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.042 - Money to provide compensation held in trust; conditions when trust money to be deposited in Fund.

1. The chief executive officer of any successor organization to the State Industrial Insurance System shall continue to hold in trust any money paid to the System for the purpose of providing compensation for industrial accidents and occupational diseases and administrative expenses incidental thereto. The successor organization shall use that money only for the purpose for which it was paid.
2. If any successor organization to the State Industrial Insurance System ceases to provide industrial insurance in this State, all money held in trust pursuant to subsection 1 must be delivered to the Commissioner on a date that ensures that all benefits will be paid to qualified claimants under policies of industrial insurance previously issued by the State Industrial Insurance System or the successor organization. The Commissioner shall deposit the money delivered to the Commissioner pursuant to this subsection in the State Insurance Fund.
(Added to NRS by 1999, 1762)—(Substituted in revision for NRS 616B.0865)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.044 - Authority of successor organization to take credit for reinsurance.

1. Any successor organization to the State Industrial Insurance System may take as credit as an asset or as a deduction from liability on account of reinsurance for reinsurance ceded to an assuming alien insurer with security based on discounted reserves for losses that were maintained 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 the meaning ascribed to it in NRS 679A.090.
(Added to NRS by 1999, 1763)—(Substituted in revision for NRS 616B.0867)