2023 Nevada Revised Statutes › Chapter 617 - Occupational Diseases › NRS 617.356 - Duty of insurer to accept or deny claim; written determination.

1. An insurer shall accept or deny a claim for compensation under this chapter and notify the claimant or the person acting on behalf of the claimant pursuant to NRS 617.344 that the claim has been accepted or denied within 30 working days after the forms for filing the claim for compensation are received pursuant to both NRS 617.344 and 617.352.
2. The insurer shall notify the claimant or the person acting on behalf of the claimant that a claim has been accepted or denied pursuant to subsection 1 by:
(a) Mailing its written determination to the claimant or the person acting on behalf of the claimant and, if the claim has been denied, in whole or in part, obtaining a certificate of mailing; or
(b) If and as requested by the claimant or the person acting on behalf of the claimant, sending its written determination to the claimant or the person acting on behalf of the claimant by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable and retaining proof of a successful transmission and receipt of the facsimile or other electronic transmission, as applicable.
3. The failure of the insurer to, as applicable:
(a) Obtain a certificate of mailing as required by paragraph (a) of subsection 2 shall be deemed to be a failure of the insurer to mail the written determination of the denial of a claim as required by this section; or
(b) Retain proof of a successful transmission and receipt of the facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable, as applicable, as required by paragraph (b) of subsection 2 shall be deemed to be a failure of the insurer to send by facsimile or other electronic transmission the written determination regarding a claim as required by this section.
4. Upon request, the insurer shall provide a copy of the certificate of mailing, if any, or proof of a successful transmission and receipt of the facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable, as applicable, to the claimant or the person acting on behalf of the claimant.
5. For the purposes of this section, the insurer shall either:
(a) Mail the written determination to:
(1) The mailing address of the claimant or the person acting on behalf of the claimant that is provided on the form prescribed by the Administrator for filing the claim; or
(2) Another mailing address if the claimant or the person acting on behalf of the claimant provides to the insurer written notice of another mailing address; or
(b) If and as requested by the claimant or the person acting on behalf of the claimant, send the written determination by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable to the claimant or person acting on behalf of the claimant.
6. As used in this section, "certificate of mailing" means a receipt that provides evidence of the date on which the insurer presented its written determination to the United States Postal Service for mailing.
(Added to NRS by 1993, 764; A 2007, 3366; 2021, 1199)