reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.422 - Insufficient assets to pay compensation due and maintain reserves.

1. If the assets of an association of self-insured public or private employers are insufficient to make certain the prompt payment of all compensation under chapters 616A to 617, inclusive, of NRS and to maintain the reserves required by NRS 616B.419, the association shall immediately notify the Commissioner of the deficiency and:
(a) Transfer any surplus acquired from a previous fund year to the current fund year to make up the deficiency;
(b) Transfer money from its administrative account to its claims account;
(c) Collect an additional assessment from its members in an amount required to make up the deficiency; or
(d) Take any other action to make up the deficiency which is approved by the Commissioner.
2. If the association wishes to transfer any surplus from one fund year to another, the association must first notify the Commissioner of the transfer.
3. The Commissioner shall order the association to make up any deficiency pursuant to subsection 1 if the association fails to do so within 30 days after notifying the Commissioner of the deficiency. The association shall be deemed insolvent if it fails to:
(a) Collect an additional assessment from its members within 30 days after being ordered to do so by the Commissioner; or
(b) Make up the deficiency in any other manner within 60 days after being ordered to do so by the Commissioner.
(Added to NRS by 1993, 677; A 2003, 3344)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.425 - Order by Commissioner to cease and desist; penalty for violation of order.

1. The Commissioner may issue an order requiring an association of self-insured public or private employers or a member of the association to cease and desist from engaging in any act or practice found to be in violation of any provision of NRS 616B.350 to 616B.446, inclusive, or any regulation adopted pursuant thereto.
2. If the Commissioner determines that an association or a member of the association has violated an order to cease and desist, the Commissioner may impose an administrative fine of not more than $10,000 for each violation of the order, not to exceed an aggregate amount of $100,000, or withdraw the certificate of the association, or both.
(Added to NRS by 1993, 678; A 2007, 3339)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.428 - Administrative fines for violations; authority of Commissioner to withdraw certification; effect of withdrawal.

1. The Commissioner may impose an administrative fine for each violation of any provision of NRS 616B.350 to 616B.446, inclusive, or any regulation adopted pursuant thereto. Except as otherwise provided in those sections, the amount of the fine may not exceed $1,000 for each violation or an aggregate amount of $10,000.
2. The Commissioner may withdraw the certificate of an association of self-insured public or private employers if:
(a) The association’s certificate was obtained by fraud;
(b) The application for certification contained a material 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 any examination or any penalty, fee or assessment required by the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(f) The association fails to comply with any of the provisions of this chapter or chapter 616A, 616C, 616D or 617 of NRS, or any regulation adopted pursuant thereto;
(g) The association fails to comply with any order of the Commissioner within the time prescribed by the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or in the order of the Commissioner; or
(h) The association or its third-party administrator misappropriates, converts, illegally withholds or refuses to pay any money to which a person is entitled and that was entrusted to the association in its fiduciary capacity.
3. If the Commissioner withdraws the certification of an association of self-insured public or private employers, each employer who is a member of the association remains liable for his or her obligations incurred before and after the order of withdrawal.
4. Any employer who is a member of an association whose certification is withdrawn shall, on the effective date of the withdrawal, qualify as an employer pursuant to NRS 616B.650.
(Added to NRS by 1993, 678; A 1999, 217; 2007, 3339)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.431 - Withdrawal of certificate of association: Informal meeting; notice of withdrawal; hearing; effective date of withdrawal.

1. Except as otherwise provided in NRS 616D.120, before any action may be taken pursuant to subsection 2, the Commissioner shall arrange an informal meeting with an association of self-insured public or private employers to discuss and seek correction of any conduct which would be grounds for withdrawal of the certificate of the association.
2. Except as otherwise provided in subsection 3 and NRS 616D.120, before the withdrawal of the certificate of any association of self-insured public or private employers, the Commissioner shall give written notice to the association by certified mail that its certificate will be withdrawn 10 days after receipt of the notice unless, within that time, the association corrects the conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the Commissioner.
3. The Commissioner may grant additional time, not to exceed an additional 120 days, before the withdrawal of the certificate of an association if:
(a) The grounds for withdrawal of the certificate of the association are based on paragraph (d) of subsection 2 of NRS 616B.428; and
(b) The association is financially sound and capable of fulfilling its commitments.
4. If the association requests a hearing:
(a) The Commissioner shall set a date for a hearing within 20 days after receiving the request and give the association at least 10 business days’ notice of the time and place of the hearing.
(b) A record of the hearing must be kept, but it need not be transcribed unless requested by the association with the cost of transcription to be charged to the association.
(c) Within 5 business days after the hearing, the Commissioner shall either affirm or disaffirm the withdrawal and give the association written notice thereof by certified mail. If withdrawal of certification is affirmed, the withdrawal becomes effective 10 business days after the association receives notice of the affirmance unless within that period the association corrects the conduct which was grounds for the withdrawal or petitions for judicial review of the affirmance.
5. If the withdrawal of certification is affirmed following judicial review, the withdrawal becomes effective 5 days after entry of the final decree of affirmance.
(Added to NRS by 1993, 679; A 1995, 1642, 1984; 1997, 576)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.434 - Retention by Commissioner of security deposit in event of termination of association.

1. If for any reason the status of an association of self-insured public or private employers as an association of self-insured employers is terminated, the security deposited under NRS 616B.353 must remain on deposit for at least 36 months in such an amount as is necessary to secure the outstanding and contingent liability arising from accidental injuries or occupational diseases secured by the security, or to assure the payment of claims for aggravation, payment of claims under NRS 616C.390 and payment of claims under NRS 616C.392 based on such accidental injuries or occupational diseases.
2. At the expiration of the 36-month period, or such other period as the Commissioner deems proper, the Commissioner may accept, in lieu of any security so deposited, a policy of paid-up insurance in a form approved by the Commissioner.
(Added to NRS by 1993, 679; A 2005, 1490)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.437 - Judicial review of Commissioner’s decision.

Any association of self-insured public or private employers that is aggrieved by a decision of the Commissioner may petition for judicial review in the manner provided by chapter 233B of NRS.
(Added to NRS by 1993, 679)—(Substituted in revision for NRS 616.37987)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.440 - Insolvency; termination of liability on surety bond; effect of termination of surety bond.

1. For the purposes of NRS 616B.350 to 616B.446, inclusive, an association of self-insured public or private employers is insolvent if it is unable to pay its outstanding obligations as they mature in the regular course of its business.
2. If an association of self-insured public or private employers becomes insolvent, institutes any voluntary proceeding pursuant to the Bankruptcy Act or is named in any voluntary proceeding thereunder, makes a general or special assignment for the benefit of creditors or fails to pay compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS after an order for the payment of any claim becomes final, the Commissioner may, after giving at least 10 days’ notice to the association and any insurer or guarantor, use money or interest on securities, sell securities or institute legal proceedings on surety bonds deposited with the Commissioner pursuant to NRS 679B.175 to the extent necessary to make those payments.
3. A licensed surety providing a surety bond pursuant to NRS 616B.353 may terminate liability on its surety bond by giving the Commissioner and the association, association’s administrator or third-party administrator 90 days’ written notice. The termination does not limit liability that was incurred under the surety bond before the termination.
(Added to NRS by 1993, 679; A 1995, 1985; 2021, 3002)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.443 - Assessment of all associations to provide for claims against insolvent association; Account for Insolvent Associations of Self-Insured Public or Private Employers.

1. The Commissioner may assess all associations of self-insured public or private employers to provide for claims against any insolvent association.
2. All money received from such assessments must be deposited with the State Treasurer to the credit of the Account for Insolvent Associations of Self-Insured Public or Private Employers, which is hereby created in the Fund for Workers’ Compensation and Safety. Money in the Account must be used solely to carry out the provisions of this section. All claims against 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 in the same securities in which the State Treasurer may invest money in the State General Fund. Income realized from the investment of the money in the Account must be credited to the Account.
(Added to NRS by 1993, 680)—(Substituted in revision for NRS 616.37995)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.460 - Election by employer to purchase industrial insurance from private carrier; cancellation of policy by employer to purchase insurance from another insurer.

1. An employer may elect to purchase industrial insurance from a private carrier for his or her employees pursuant to chapters 616A to 617, inclusive, of NRS.
2. An employer who cancels a policy of industrial insurance to elect to purchase insurance from an insurer other than the employer’s present insurer shall comply with the reporting requirements of NRS 616B.461.
(Added to NRS by 1995, 2000; A 1999, 1771, 2414; 2001, 115, 803)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.461 - Notification of Administrator regarding issuance, renewal, cancellation or reinstatement of policy; investigation of information reported by private carrier.

1. An employer who cancels a policy of industrial insurance issued to the employer by a private carrier shall notify the Administrator in writing within 20 days after the cancellation, specifying the date on which the cancellation became effective, unless the employer’s subsequent insurer is a private carrier who has already notified the Administrator pursuant to subsection 2 that it has issued a new policy to that employer. The notice must be served personally or sent by first-class mail or electronic transmission to the Administrator. If the employer has secured insurance with another insurer that could cause double coverage, the date on which cancellation of the previous policy became effective must be the effective date of the new insurance.
2. A private carrier shall notify the Administrator in writing 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 that had been temporarily cancelled.
(d) Cancels or does not renew a policy of industrial insurance.
3. If the Administrator believes that a private carrier has inaccurately reported the information required pursuant to subsection 2 and notifies the private carrier of the alleged inaccuracy, the private carrier shall within 30 calendar days after receiving the notification:
(a) Investigate the alleged inaccuracy; and
(b) Submit to the Administrator accurate information or information proving that the previously submitted information was accurate.
4. During the period of investigation by the private carrier, the Administrator may not impose any administrative fines, issue a notice of correction or take any other corrective action against the private carrier. If the private carrier is able to prove that the information originally submitted to the Administrator or, if applicable, the designated agent of the Administrator, was accurate, the Administrator may not impose any administrative fines, issue a notice of correction or take any other corrective action against the private carrier. As used in this subsection, "designated agent" means an agent who is authorized by the Administrator to receive, compile and forward to the Administrator the information required pursuant to subsection 2.
(Added to NRS by 2001, 801)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.463 - Authorization and security required before industrial insurance may be provided by private carrier; private carrier subject to Nevada Insurance Code.

1. Before a private carrier may provide industrial insurance pursuant to chapters 616A to 617, inclusive, of NRS, the private carrier must be authorized by the Commissioner pursuant to chapter 680A of NRS and maintain such security of the kind described in NRS 680A.120 and 680A.140 as may be required.
2. A private carrier shall not provide industrial insurance pursuant to chapters 616A to 617, inclusive, of NRS as an unauthorized insurer pursuant to subsection 9 of NRS 680A.070.
3. A private carrier that is authorized by the Commissioner to provide industrial insurance pursuant to subsection 1:
(a) Constitutes an authorized insurer, as that term is defined in NRS 679A.030; and
(b) Is subject to the provisions of title 57 of NRS that govern authorized insurers.
(Added to NRS by 1995, 2001; A 1997, 286; 1999, 400, 1722)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.466 - Responsibility of private carrier after withdrawal of authorization to provide industrial insurance.

If a private carrier withdraws from providing industrial insurance in this State or its authorization to do so is withdrawn, it remains responsible for all compensation for injuries sustained during the period of coverage stated in its policies.
(Added to NRS by 1995, 2002)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.472 - Suspension of authorization of private carrier to provide industrial insurance: Grounds; hearing.

1. The Commissioner shall suspend the authorization of a private carrier to provide industrial insurance for 1 year if, after a hearing thereon, the Commissioner finds that the private carrier has intentionally or repeatedly failed to comply with the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or the regulations of the Division or the Commissioner.
2. A hearing to determine whether the authorization of a private carrier to provide industrial insurance will be suspended pursuant to subsection 1 must be conducted by the Commissioner pursuant to the provisions of NRS 679B.310 to 679B.370, inclusive, the regulations adopted pursuant thereto and the provisions of chapter 233B of NRS concerning adjudication of contested cases. A record of the hearing must be kept but it need not be transcribed unless requested by the private carrier. The cost of transcription must be charged to the private carrier.
(Added to NRS by 1995, 2003; A 1997, 1432; 1999, 444, 1722)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.475 - Requirements for handling claims; employer and private carrier subject to regulations of Division.

The claims of employees and their dependents resulting from injuries while in the employment of employers insured by a private carrier must be handled in the manner provided by chapters 616A to 616D, inclusive, of NRS, and the employer and the private carrier are subject to the regulations of the Division with respect thereto.
(Added to NRS by 1995, 2001)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.500 - Administration of plan of insurance authorized; conditions.

1. An insurer may enter into a contract to have his or her plan of insurance administered by a third-party administrator.
2. An insurer shall not enter into a contract with any person for the administration of any part of the plan of insurance unless that person maintains an office in this State and has a certificate issued by the Commissioner pursuant to NRS 683A.08524.
(Added to NRS by 1991, 2393; A 1993, 710; 1999, 1771, 2821, 2822)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.503 - Certification by Commissioner required; duties of third-party administrator.

1. A person shall not act as a third-party administrator for an insurer without a certificate issued by the Commissioner pursuant to NRS 683A.08524.
2. A person who acts as a third-party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS shall:
(a) Administer each plan of insurance directly, without subcontracting with another third-party administrator; and
(b) Upon the termination of the person’s contract with an insurer, transfer forthwith to a certified third-party administrator chosen by the insurer all of the records in the person’s possession concerning claims arising under the plan of insurance.
3. The Commissioner may, under exceptional circumstances, waive the requirements of subsection 2.
(Added to NRS by 1991, 2392; A 1993, 711; 1999, 217, 2821; 2023, 3615)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.506 - Imposition of administrative fine for violations; withdrawal of certification.

The Commissioner shall impose an administrative fine, not to exceed $1,000 for each violation, and may withdraw the certification of any third-party administrator who:
1. Fails to comply with regulations of the Commissioner regarding reports or other requirements necessary to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS; or
2. Violates any provision of NRS 616B.0275 or 616B.503 or any regulation adopted by the Commissioner or the Administrator concerning the administration of the plan of insurance.
(Added to NRS by 1991, 2393; A 1993, 711; 1999, 218; 2023, 3616)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.509 - Regulations.

The Commissioner may adopt any regulations that are necessary to carry out the provisions of NRS 616B.500, 616B.503 and 616B.506.
(Added to NRS by 1991, 2393)—(Substituted in revision for NRS 616.304)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.527 - Authority of self-insured employers, associations of self-insured employers and private carriers; compliance with certain provisions.

1. A self-insured employer, an association of self-insured public or private employers or a private carrier may:
(a) Except as otherwise provided in NRS 616B.5273, enter into a contract or contracts with one or more organizations for managed care to provide comprehensive medical and health care services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.
(b) Enter into a contract or contracts with providers of health care, including, without limitation, physicians who provide primary care, specialists, pharmacies, physical therapists, radiologists, nurses, diagnostic facilities, laboratories, hospitals and facilities that provide treatment to outpatients, to provide medical and health care services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.
(c) Require employees to obtain medical and health care services for their industrial injuries from those organizations and persons with whom the self-insured employer, association or private carrier has contracted 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 4 of NRS 616C.090, require employees to obtain the approval of the self-insured employer, association or private carrier before obtaining medical and health care services for their industrial injuries from a provider of health care who has not been previously approved by the self-insured employer, association or private carrier.
2. An organization for managed care with whom a self-insured employer, association of self-insured public or private employers or a private carrier has contracted pursuant to this section shall comply with the provisions of NRS 616B.528, 616B.5285 and 616B.529.
(Added to NRS by 1993, 690; A 1993, 798; 1995, 2019; 1999, 1771, 2213; 2001, 115, 1891; 2003, 1670; 2019, 3442)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.5273 - Adequacy of medical and health care services, choice of providers of health care and cost controls; regulations.

1. A self-insured employer, an association of self-insured public or private employers or a private carrier shall not enter into a contract with an organization for managed care unless the organization’s proposed plan for providing medical and health care services:
(a) Will provide all medical and health care services that may be required for industrial injuries and occupational diseases that are compensable under chapters 616A to 617, inclusive, of NRS in a manner that ensures the availability and accessibility of adequate treatment to injured employees;
(b) Provides to injured employees an adequate choice of providers of health care who have contracted with the organization to participate in the proposed plan; and
(c) Provides appropriate financial incentives to reduce costs of medical and health care services without affecting the quality of any care provided to an injured employee.
2. The Division may adopt regulations to ensure the adequacy of an insurer’s panel of providers of health care established pursuant to subsection 1.
(Added to NRS by 2003, 1669)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.528 - Restriction of or interference with communication between provider of health care and injured employee prohibited.

An organization for managed care shall not restrict or interfere with any communication between a provider of health care and an injured employee regarding any information that the provider of health care determines is relevant to the health care of the injured employee.
(Added to NRS by 1999, 2212)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.5285 - Contracts with providers of health care; prohibited acts.

An organization for managed care shall not terminate a contract with, demote, refuse to contract with or refuse to compensate a provider of health care solely because the provider, in good faith:
1. Advocates in private or in public on behalf of an injured employee;
2. Assists an injured employee in seeking reconsideration of a determination by the organization for managed care to deny coverage for a medical or health care service; or
3. Reports a violation of law to an appropriate authority.
(Added to NRS by 1999, 2212)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.529 - Inducements to deny, reduce or delay medically necessary services prohibited.

1. An organization for managed care shall not offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay specific medically necessary medical or health care services to an injured employee.
2. The provisions of this section do not prohibit an arrangement for payment between an organization for managed care and a provider of health care that uses financial incentives, if the arrangement is designed to provide an incentive to the provider of health care to use medical and health care services effectively and consistently in the best interest of the treatment of the injured employee.
(Added to NRS by 1999, 2213)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.545 - "Board" defined.

As used in NRS 616B.545 to 616B.560, inclusive, unless the context otherwise requires, "Board" means the Board for the Administration of the Subsequent Injury Account for Self-Insured Employers created pursuant to NRS 616B.548.
(Added to NRS by 1995, 2124; A 2001, 2757)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.548 - Board for Administration of Subsequent Injury Account for Self-Insured Employers: Creation; membership; officers; vacancies; members serve without compensation; legal counsel.

1. There is hereby created the Board for the Administration of the Subsequent Injury Account for Self-Insured Employers, consisting of five members who are self-insured employers. The members must be appointed by the Governor.
2. The members of the Board shall elect a Chair and Vice Chair from among the members appointed. After the initial election of a Chair and Vice Chair, each of those officers shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the office of the Chair or Vice Chair, the members of the Board shall elect a replacement for the remainder of the unexpired term.
3. Vacancies on the Board must be filled in the same manner as original appointments.
4. The members of the Board serve without compensation.
5. A legal counsel that has been appointed by or has contracted with the Division pursuant to NRS 232.660 shall serve as legal counsel of the board.
(Added to NRS by 1995, 2124; A 2001, 2757)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.551 - Board for Administration of Subsequent Injury Account for Self-Insured Employers: Meetings; regulations; quorum; administration of Account.

1. The members of the Board may meet throughout each year at the times and places specified by a call of the Chair or a majority of the Board. The Board may prescribe rules and regulations for its own management and government. Three members of the Board constitute a quorum, and a quorum may exercise all the power and authority conferred on the Board. If a member of the Board submits a claim against the Subsequent Injury Account for Self-Insured Employers, that member shall not vote on or otherwise participate in the decision of the Board concerning that claim.
2. The Board shall administer the Subsequent Injury Account for Self-Insured Employers in accordance with the provisions of NRS 616B.554, 616B.557 and 616B.560.
(Added to NRS by 1995, 2125; A 2001, 2758)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.554 - Creation and administration of Subsequent Injury Account for Self-Insured Employers; assessment rates, payments and penalties.

1. There is hereby created in the Fund for Workers’ Compensation and Safety in the State Treasury the Subsequent Injury Account for Self-Insured Employers, which may be used only to make payments in accordance with the provisions of NRS 616B.557 and 616B.560. The Board shall administer the Account based upon recommendations made by the Administrator pursuant to subsection 8.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Board for the Subsequent Injury Account for Self-Insured Employers must be delivered to the custody of the State Treasurer.
3. All money and securities in the Account must be held by the State Treasurer as custodian thereof to be used solely for workers’ compensation for employees of self-insured employers.
4. The State Treasurer may disburse money from the Account only upon written order of the Board.
5. The State Treasurer shall invest money of the Account in the same manner and in the same securities in which the State Treasurer is authorized to invest State General Funds which are in the custody of the State Treasurer. Income realized from the investment of the assets of the Account must be credited to the Fund.
6. The Board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must result in an equitable distribution of costs among the self-insured employers and must be based upon expected annual expenditures for claims for payments from the Subsequent Injury Account for Self-Insured Employers.
7. The Commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the Commissioner 30 days before their effective date. Any self-insured employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
8. The Administrator shall:
(a) Evaluate any claim submitted to the Board for payment or reimbursement from the Subsequent Injury Account for Self-Insured Employers and recommend to the Board any appropriate action to be taken concerning the claim; and
(b) Submit to the Board any other recommendations relating to the Account.
(Added to NRS by 1981, 1454; A 1987, 452; 1991, 207; 1993, 725, 1867; 1995, 531, 539, 2143, 2169, 2170; 1997, 127, 593; 1999, 1772; 2001, 2449, 2758)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.557 - Payment of cost of additional compensation resulting from subsequent injury of employee of self-insured employer.

Except as otherwise provided in NRS 616B.560:
1. If an employee of a self-insured employer has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the Subsequent Injury Account for Self-Insured Employers in accordance with regulations adopted by the Board.
2. If the subsequent injury of such an employee results in his or her death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the Subsequent Injury Account for Self-Insured Employers in accordance with regulations adopted by the Board.
3. As used in this section, "permanent physical impairment" means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a "permanent physical impairment" unless it would support a rating of permanent impairment of 6 percent or more of the whole person if evaluated according to the American Medical Association’s
Guides to the Evaluation of Permanent Impairment
as adopted and supplemented by the Division pursuant to NRS 616C.110.
4. To qualify under this section for reimbursement from the Subsequent Injury Account for Self-Insured Employers, the self-insured employer must establish by written records that the self-insured employer had knowledge of the "permanent physical impairment" at the time the employee was hired or that the employee was retained in employment after the self-insured employer acquired such knowledge.
5. A self-insured employer must submit to the Board a claim for reimbursement from the Subsequent Injury Account for Self-Insured Employers.
6. The Board shall adopt regulations establishing procedures for submitting claims against the Subsequent Injury Account for Self-Insured Employers. The Board shall notify the self-insured employer of its decision on such a claim within 120 days after the claim is received.
7. An appeal of any decision made concerning a claim against the Subsequent Injury Account for Self-Insured Employers must be submitted 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; 2001, 2759; 2007, 392)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.560 - Reimbursement of self-insured employer for cost of additional compensation resulting from subsequent injury.

1. A self-insured employer who pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the Subsequent Injury Account for Self-Insured Employers if:
(a) The employee knowingly made a false representation as to his or her physical condition at the time the employee was hired by the self-insured employer;
(b) The self-insured employer relied upon the false representation and this reliance formed a substantial basis of the employment; and
(c) A causal connection existed between the false representation and the subsequent disability.
If the subsequent injury of the employee results in his or her death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the Subsequent Injury Account for Self-Insured Employers.
2. A self-insured employer shall notify the Board of any possible claim against the Subsequent Injury Account for Self-Insured Employers pursuant to this section no later than 60 days after the date of the subsequent injury or the date the self-insured employer learns of the employee’s false representation, whichever is later.
(Added to NRS by 1987, 452; A 1993, 572, 728; 1995, 2145; 1997, 593; 2001, 2759)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.563 - "Board" defined.

As used in NRS 616B.563 to 616B.581, inclusive, unless the context otherwise requires, "Board" means the Board for the Administration of the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers created pursuant to NRS 616B.569.
(Added to NRS by 1995, 2125; A 2001, 2760)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.569 - Board for Administration of Subsequent Injury Account for Associations of Self-Insured Public or Private Employers: Creation; membership; officers; vacancies; members serve without compensation; legal counsel.

1. There is hereby created the Board for the Administration of the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers, consisting of five members who are members of an association of self-insured public or private employers. The members of the Board must be appointed by the Governor.
2. The members of the Board shall elect a Chair and Vice Chair from among the members appointed. After the initial election of a Chair and Vice Chair, each of those officers shall hold office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the office of the Chair or Vice Chair, the members of the Board shall elect a replacement for the remainder of the unexpired term.
3. Vacancies on the Board must be filled in the same manner as original appointments.
4. The members of the Board serve without compensation.
5. A legal counsel that has been appointed by or has contracted with the Division pursuant to NRS 232.660 shall serve as legal counsel of the Board.
(Added to NRS by 1995, 2125; A 2001, 2760)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.572 - Board for Administration of Subsequent Injury Account for Associations of Self-Insured Public or Private Employers: Meetings; regulations; quorum; administration of Account.

1. The members of the Board may meet throughout each year at the times and places specified by a call of the Chair or a majority of the Board. The Board may prescribe rules and regulations for its own management and government. Three members of the Board constitute a quorum, and a quorum may exercise all the power and authority conferred on the Board. If a member of the Board submits a claim against the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers, that member shall not vote on or otherwise participate in the decision of the Board concerning that claim.
2. The Board shall administer the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers in accordance with the provisions of NRS 616B.575, 616B.578 and 616B.581.
(Added to NRS by 1995, 2125; A 1997, 593; 2001, 2760)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.575 - Creation and administration of Subsequent Injury Account for Associations of Self-Insured Public or Private Employers; assessment rates, payments and penalties.

1. There is hereby created in the Fund for Workers’ Compensation and Safety in the State Treasury the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers, which may be used only to make payments in accordance with the provisions of NRS 616B.578 and 616B.581. The Board shall administer the Account based upon recommendations made by the Administrator pursuant to subsection 8.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Board for the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers must be delivered to the custody of the State Treasurer.
3. All money and securities in the Account must be held by the State Treasurer as custodian thereof to be used solely for workers’ compensation for employees of members of Associations of Self-Insured Public or Private Employers.
4. The State Treasurer may disburse money from the Account only upon written order of the Board.
5. The State Treasurer shall invest money of the Account in the same manner and in the same securities in which the State Treasurer is authorized to invest State General Funds which are in the custody of the State Treasurer. Income realized from the investment of the assets of the Account must be credited to the Account.
6. The Board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must result in an equitable distribution of costs among the associations of self-insured public or private employers and must be based upon expected annual expenditures for claims for payments from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers.
7. The Commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the Commissioner 30 days before their effective date. Any association of self-insured public or private employers that wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
8. The Administrator shall:
(a) Evaluate any claim submitted to the Board for payment or reimbursement from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers and recommend to the Board any appropriate action to be taken concerning the claim; and
(b) Submit to the Board any other recommendations relating to the Account.
(Added to NRS by 1995, 2126; A 1997, 128; 1999, 1773; 2001, 2450, 2761)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.581 - Reimbursement of Association of Self-Insured Public or Private Employers for cost of additional compensation resulting from subsequent injury.

1. An association of self-insured public or private employers that pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers if:
(a) The employee knowingly made a false representation as to his or her physical condition at the time the employee was hired by the member of the Association of Self-Insured Public or Private Employers;
(b) The employer relied upon the false representation and this reliance formed a substantial basis of the employment; and
(c) A causal connection existed between the false representation and the subsequent disability.
If the subsequent injury of the employee results in his or her death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers.
2. An association of self-insured public or private employers shall notify the Board of any possible claim against the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers pursuant to this section no later than 60 days after the date of the subsequent injury or the date the employer learns of the employee’s false representation, whichever is later.
(Added to NRS by 1995, 2127; A 2001, 2762)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.584 - Creation and administration of Subsequent Injury Account for Private Carriers; assessment rates, payments and penalties.

1. There is hereby created in the Fund for Workers’ Compensation and Safety in the State Treasury the Subsequent Injury Account for Private Carriers, which may be used only to make payments in accordance with the provisions of NRS 616B.587 and 616B.590. The Administrator shall administer the Account.
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Administrator for the Subsequent Injury Account for Private Carriers must be delivered to the custody of the State Treasurer.
3. All money and securities in the Account must be held by the State Treasurer as custodian thereof to be used solely for workers’ compensation for employees whose employers are insured by private carriers.
4. The State Treasurer may disburse money from the Account only upon written order of the State Controller.
5. The State Treasurer shall invest money of the Account in the same manner and in the same securities in which the State Treasurer is authorized to invest State General Funds which are in the custody of the State Treasurer. Income realized from the investment of the assets of the Account must be credited to the Account.
6. The Administrator shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must reflect the relative hazard of the employments covered by private carriers, must result in an equitable distribution of costs among the private carriers and must be based upon expected annual premiums to be received.
7. The Commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the Commissioner 30 days before their effective date. Any private carrier who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.
(Added to NRS by 1995, 2124; A 1997, 593, 596; 1999, 399, 1773; 2001, 2451, 2763)