reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.765 - Duties and powers of Chair and Commissioner.

1. The Chair of the Appeals Panel or the Commissioner shall:
(a) Schedule the time and place of the meetings and hearings of the Appeals Panel;
(b) Establish the agenda for each meeting and hearing of the Appeals Panel; and
(c) Ensure that the meetings of the Appeals Panel are conducted in an efficient manner.
2. The Chair of the Appeals Panel may appoint from the membership of the Appeals Panel a secretary to whom the Chair may delegate his or her administrative functions.
(Added to NRS by 1999, 3378; A 2001, 2256; 2023, 3265)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.767 - Meetings; quorum.

1. The Appeals Panel shall meet at the times and places specified by a call of the Chair or the Commissioner.
2. Four members of the Appeals Panel constitute a quorum to transact all business, and a majority of those present must concur on any decision.
(Added to NRS by 1999, 3378; A 2001, 2256; 2023, 3265)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.770 - Compensation of members.

1. Each member of the Appeals Panel is entitled to receive, for the member’s attendance at the meetings of the Appeals Panel, the per diem allowance and travel expenses provided for state officers and employees generally.
2. Expenses of the members of the Appeals Panel must be paid from assessments payable by each insurer pursuant to the formula filed with and approved by the Commissioner pursuant to NRS 686B.17645.
3. As used in this section, "insurer" has the meaning ascribed to it in NRS 686B.1759.
(Added to NRS by 1999, 3378; A 2001, 2256)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.772 - Filing of grievance; parties to hearing; authority to appeal decision on hearing.

1. An employer, other than a self-insured employer, who determines that circumstances specific to his or her case require a review of the:
(a) Establishment of the employer’s modification of premium based on experience;
(b) Classification of risk assigned for the employer’s business; or
(c) Application of the supplementary rate information to the employer,
may file a written grievance with the Appeals Panel.
2. The insurer of that employer and the advisory organization may participate in a hearing on the grievance by appearing and providing testimony or other evidence. If an insurer or the advisory organization participates in the hearing, the insurer or the advisory organization is a party to the hearing and may appeal, pursuant to the provisions of NRS 616B.787, the decision made by the Appeals Panel.
3. As used in this section "supplementary rate information" has the meaning ascribed to it in NRS 686B.020.
(Added to NRS by 1999, 3378; A 2001, 2256)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.775 - Jurisdiction.

1. The Appeals Panel shall hear a grievance of an employer filed pursuant to NRS 616B.772.
2. The Appeals Panel shall not hear:
(a) Complaints concerning the effect of the classifications of risks or rules that are applied by all insurers to all similarly classified businesses within this State.
(b) Grievances concerning contested cases for compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.
(Added to NRS by 1999, 3379; A 2001, 2256)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.777 - Timing: Notification of hearing; issuance of decision.

1. Within 30 days after receipt of a written grievance from an employer pursuant to NRS 616B.772 and not less than 10 days before the hearing on such grievance, the Appeals Panel shall provide written notice to the employer, the employer’s insurer and the advisory organization of the date and place of the hearing.
2. A decision on a grievance must be issued pursuant to NRS 616B.785 within 30 days after the hearing.
(Added to NRS by 1999, 3379; A 2001, 2256)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.780 - Hearings open to public; exception.

A hearing held pursuant to NRS 616B.775 must be open to the public, unless the Appeals Panel will be considering proprietary information of the employer or the insurer. As used in this section, the term "proprietary information" means any information which, if disclosed to the general public, may result in a competitive disadvantage to an insurer or employer, including, without limitation:
1. Rules, criteria and standards for underwriting policies that are applied by an insurer.
2. Plans or other documents concerning the marketing or strategic planning of an insurer or employer.
3. Data, studies and reports concerning the development of new products or services.
4. Data that identify the share of the market of an insurer within each class of risk.
(Added to NRS by 1999, 3379; A 2001, 2256)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.782 - Conflict of interest: Appointment of substitute member; waiver; determination.

1. If a member of the Appeals Panel determines that he or she has a personal interest or a conflict of interest, directly or indirectly, with a party to a hearing or the subject matter of the hearing, the Chair of the Appeals Panel shall appoint a substitute member for that hearing who has the same qualifications, as specified in paragraph (a), (b), (c), (d) or (e) of subsection 1 of NRS 616B.760 as the member who has the conflict of interest. If the Chair is the member with the conflict of interest, another member of the Appeals Panel shall appoint the substitute.
2. A conflict of interest may be waived if, after full written disclosure of the facts raising such a conflict, all parties to the appeal agree in writing to the hearing of the appeal by the member. Such waiver must be filed with the Chair of the Appeals Panel before the hearing. If the Chair is the member with the conflict of interest, the waiver must be filed with the Commissioner.
3. The member of the Appeals Panel who represents the advisory organization shall be deemed not to have a conflict of interest with respect to the advisory organization if it is a party to a hearing.
(Added to NRS by 1999, 3379; A 2001, 2256)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.785 - Issuance and delivery of decision; notification of right to appeal.

1. Within 30 days after each hearing, the Chair or a member of the Appeals Panel designated by the Chair shall prepare and deliver personally or by mail to each party to the hearing and to the Commissioner a written memorandum stating:
(a) The reasons for the decision of the Appeals Panel concerning those parties; and
(b) The rights of any party to the hearing to appeal pursuant to NRS 616B.787 and a brief description of the procedure for making such an appeal.
The votes of each member of the Appeals Panel must not be recorded on this memorandum.
2. Each month, copies of all decisions made by the Appeals Panel during the prior month must be delivered personally or by mail to the advisory organization.
(Added to NRS by 1999, 3380; A 2001, 2256)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.787 - Appeal of decision to Commissioner.

1. A party to the hearing who wishes to appeal a decision of the Appeals Panel must do so pursuant to the provisions of NRS 679B.310. Such a hearing must be conducted by the Commissioner pursuant to the provisions of NRS 679B.310 to 679B.370, inclusive, and the regulations adopted pursuant thereto.
2. The Commissioner shall not hold a hearing on the request of an employer concerning the establishment of the employer’s modification of premium based on experience, the classification of risk assigned for the employer’s business, or application of the insurer’s supplementary rate information to the employer unless the employer has:
(a) Filed a written grievance with the Appeals Panel pursuant to NRS 616B.772; and
(b) Received a written decision from the Appeals Panel.
(Added to NRS by 1999, 3380; A 2001, 2256)
2023 Nevada Revised Statutes › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › NRS 616B.850 - Insurer may establish plan to review small employers; objectives of plan.

An insurer may establish a plan to review small employers who are insured by the insurer to encourage such employers to maintain their loss experience at the lowest possible level.
(Added to NRS by 1997, 1425; A 1997, 1456)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.005 - Forms for reporting injuries: Insurer to distribute revised forms to employers periodically; Administrator to make revised forms available to physicians, chiropractic physicians, physician assistants and advanced practice registered nurses.

On or before September 1 of each year:
1. An insurer shall distribute to each employer that it insures any form for reporting injuries that has been revised within the previous 12 months.
2. The Administrator shall make available to physicians, chiropractic physicians, physician assistants and advanced practice registered nurses any form for reporting injuries that has been revised within the previous 12 months.
(Added to NRS by 1991, 2395; A 1997, 1434; 2021, 1178)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.015 - Notice of injury or death: Requirements; availability of form; retention; notice by leased employee.

1. An employee or, in the event of the employee’s death, one of the dependents of the employee, shall provide written notice of an injury that arose out of and in the course of employment to the employer of the employee as soon as practicable, but within 7 days after the accident.
2. The notice required by subsection 1 must:
(a) Be on a form prescribed by the Administrator. The form must allow the injured employee or the dependent of the employee to describe briefly the accident that caused the injury or death.
(b) Be signed by the injured employee or by a person on behalf of the employee, or in the event of the employee’s death, by one of the dependents of the employee or by a person acting on behalf of the dependent.
(c) Include an explanation of the procedure for filing a claim for compensation.
(d) Be prepared in duplicate so that the injured employee or the dependent of the employee and the employer can retain a copy of the notice.
3. Upon receipt of the notice required by subsection 1, the employer, the injured employee’s supervisor or the agent of the employer who was in charge of the type of work or the area where the accident occurred shall sign the notice. The signature of the employer, the supervisor or the employer’s agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employer’s defenses or rights.
4. An employer shall maintain a sufficient supply of the forms required to file the notice required by subsection 1 for use by his or her employees.
5. An employer shall retain any notice provided pursuant to subsection 1 for 3 years after the date of the accident. An employer insured by a private carrier shall not file a notice of injury with the private carrier.
6. The claim of a leased employee is not barred if the leased employee gives notice to his or her client company supervisor, rather than to his or her leasing company supervisor. Notification of an injury by a leased employee to his or her client company supervisor shall be deemed sufficient notice of injury to the employer.
[55:168:1947; 1943 NCL § 2680.55]—(NRS A 1969, 95; 1973, 604; 1979, 1052, 1053; 1981, 1487; 1989, 332; 1991, 2415, 2416; 1993, 731; 1995, 2031, 2146; 1997, 585; 1999, 1775; 2009, 1131)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.020 - Claim for compensation: Requirements for injured employee, dependent or representative to file claim; form.

1. Except as otherwise provided in subsection 2, an injured employee, or a person acting on behalf of the employee, shall file a claim for compensation with the insurer within 90 days after an accident if:
(a) The employee has sought medical treatment for an injury arising out of and in the course of his or her employment; or
(b) The employee was off work as a result of an injury arising out of and in the course of his or her employment.
2. In the event of the death of the injured employee resulting from the injury, a dependent of the employee, or a person acting on behalf of the employee, shall file a claim for compensation with the insurer within 1 year after the death of the injured employee.
3. The claim for compensation must be filed on a form prescribed by the Administrator.
(Added to NRS by 1993, 661)—(Substituted in revision for NRS 616.501)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.025 - Recovery of compensation barred if notice of injury or claim for compensation is not filed; exceptions.

1. Except as otherwise provided in subsection 2, an employee or, in the event of the death of the employee, a dependent of the employee, is barred from recovering compensation pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS if the employee or dependent, as applicable, fails to file a notice of injury pursuant to NRS 616C.015 or a claim for compensation pursuant to NRS 616C.020.
2. An insurer may excuse the failure to file a notice of injury or a claim for compensation pursuant to the provisions of this section if:
(a) The injury to the employee or another cause beyond the control of the employee prevented the employee from providing the notice or claim;
(b) The failure was caused by the employee’s or dependent’s mistake or ignorance of fact or of law;
(c) The failure was caused by the physical or mental inability of the employee or the dependent; or
(d) The failure was caused by fraud, misrepresentation or deceit.
(Added to NRS by 1993, 661)—(Substituted in revision for NRS 616.5011)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.030 - Dependent of injured employee barred from filing claim for compensation if untimely or previously denied.

A dependent of an injured employee may not file a claim for compensation for an industrial injury pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS if:
1. The time for filing the claim has expired pursuant to NRS 616C.020 and the failure to file the claim is not excused pursuant to NRS 616C.025; or
2. The injured employee or another dependent filed a claim for compensation for that industrial injury, the claim was denied and, upon final resolution of the claim, it was denied.
(Added to NRS by 1993, 663)—(Substituted in revision for NRS 616.50115)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.035 - Application for death benefit.

Where death results from injury, the parties entitled to compensation under chapters 616A to 616D, inclusive, of NRS, or someone in their behalf, must make application for compensation to the insurer. The application must be accompanied by:
1. Proof of death;
2. Proof of relationship showing the parties to be entitled to compensation under chapters 616A to 616D, inclusive, of NRS;
3. Certificates of the attending physician, if any; and
4. Such other proof as required by the regulations of the Division.
[54:168:1947; 1943 NCL § 2680.54]—(NRS A 1979, 1053; 1981, 1488; 1993, 1869)—(Substituted in revision for NRS 616.505)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.045 - Report of industrial injury or occupational disease: Duty of employer to file; electronic filing; form and contents; penalty.

1. Except as otherwise provided in NRS 616B.727, within 6 working days after the receipt of a claim for compensation from a physician, chiropractic physician, physician assistant or advanced practice registered nurse, or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 616C.040, an employer shall complete and file with his or her insurer or third-party administrator an employer’s report of industrial injury or occupational disease.
2. The report must:
(a) Be filed on a form prescribed by the Administrator;
(b) Be signed by the employer or the employer’s designee;
(c) Contain specific answers to all questions required by the regulations of the Administrator; and
(d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician, chiropractic physician, physician assistant or advanced practice registered nurse, or a medical facility if the duty to file the claim for compensation has been delegated to the medical facility pursuant to NRS 616C.040, indicates that the injured employee is expected to be off work for 5 days or more.
3. An employer who files the report required by subsection 1 by electronic transmission shall, upon request, mail to the insurer or third-party administrator the form that contains the original signature of the employer or the employer’s designee. The form must be mailed within 7 days after receiving such a request.
4. The Administrator shall impose an administrative fine of not more than $1,000 on an employer for each violation of this section.
(Added to NRS by 1993, 661; A 1995, 649; 1997, 1435; 1999, 3146; 2003, 2305; 2021, 1181)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.050 - Information required to be provided by insurer to claimant.

1. An insurer shall provide to each claimant:
(a) Upon written request, one copy of any medical information concerning the claimant’s injury or illness.
(b) A statement which contains information concerning the claimant’s right to:
(1) Receive the information and forms necessary to file a claim;
(2) Select a treating physician or chiropractic physician and an alternative treating physician or chiropractic physician in accordance with the provisions of NRS 616C.090;
(3) Request the appointment of the Nevada Attorney for Injured Workers to represent the claimant before the appeals officer;
(4) File a complaint with the Administrator;
(5) When applicable, receive compensation for:
(I) Permanent total disability;
(II) Temporary total disability;
(III) Permanent partial disability;
(IV) Temporary partial disability;
(V) All medical costs related to the claimant’s injury or disease; or
(VI) The hours the claimant is absent from the place of employment to receive medical treatment pursuant to NRS 616C.477;
(6) Receive services for rehabilitation if the claimant’s injury prevents him or her from returning to gainful employment;
(7) Review by a hearing officer of any determination or rejection of a claim by the insurer within the time specified by statute; and
(8) Judicial review of any final decision within the time specified by statute.
2. The insurer’s statement must include a copy of the form designed by the Administrator pursuant to subsection 12 of NRS 616C.090 that notifies injured employees of their right to select an alternative treating physician or chiropractic physician. The Administrator shall adopt regulations for the manner of compliance by an insurer with the other provisions of subsection 1.
(Added to NRS by 1995, 2003; A 2001, 1892; 2005, 100; 2009, 1277; 2019, 3444; 2023, 3616)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.055 - Use of fee schedules which unfairly discriminate among physicians and chiropractic physicians prohibited; payment for services rendered by physician or chiropractic physician after removal from panel prohibited.

1. The insurer may not, in accepting responsibility for any charges, use fee schedules which unfairly discriminate among physicians and chiropractic physicians.
2. Except as otherwise provided in NRS 616C.087, if a physician or chiropractic physician is removed from the panel established pursuant to NRS 616C.090 or from participation in a plan for managed care established pursuant to NRS 616B.527, the physician or chiropractic physician, as applicable, must not be paid for any services rendered to the injured employee after the date of the removal.
(Added to NRS by 1979, 651; A 1981, 1168, 1488; 1983, 325; 1985, 1546; 1991, 2417; 1993, 733; 1999, 1776; 2019, 3445)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.070 - Persons who are conclusively presumed to be totally dependent on injured or deceased employee; exception.

1. A person is conclusively presumed to be totally dependent upon an injured or deceased employee if:
(a) The person is a natural, posthumous or adopted child, whether legitimate or illegitimate, under the age of 18 years; or
(b) The person is a natural, posthumous or adopted child, there is no surviving parent and the person is:
(1) Over the age of 18 years and physically or mentally incapacitated from wage earning; or
(2) Over the age of 18 years but under the age of 22 years and enrolled as a full-time student in an accredited vocational or educational institution.
2. Stepparents may be regarded in chapters 616A to 616D, inclusive, or chapter 617 of NRS as parents if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in chapters 616A to 616D, inclusive, or chapter 617 of NRS as a natural child or children if the existence and fact of dependency are shown.
3. Except as otherwise provided in subsection 13 of NRS 616C.505, questions as to who constitute dependents and the extent of their dependency must be determined as of the date of the accident or injury to the employee, and their right to any benefit becomes fixed at that time, irrespective of any subsequent change in conditions, and the benefits are directly recoverable by and payable to the dependent or dependents entitled thereto or to their legal guardians or trustees.
4. The presumptions of this section do not apply in favor of aliens who are nonresidents of the United States at the time of the accident, injury to, or death of the employee.
[24:168:1947; 1943 NCL § 2680.24]—(NRS A 1971, 321; 1975, 598; 1985, 1460; 1993, 733; 1999, 219; 2007, 3346; 2009, 3072)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.075 - Effect of employee’s refusal to submit to physical examination after accident.

1. If an employee is properly directed to submit to a physical examination and the employee refuses to permit the treating physician, chiropractic physician, physician assistant or advanced practice registered nurse to make an examination and to render medical attention as may be required immediately, no compensation may be paid for the injury claimed to result from the accident.
2. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
[Part 52:168:1947; 1943 NCL § 2680.52]—(NRS A 1973, 599; 1981, 1167, 1471; 1985, 1544; 1993, 715; 2021, 1183)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.085 - Duties of employer when employee injured: First aid; reimbursement.

1. Every employer within the provisions of chapters 616A to 616D, inclusive, of NRS shall, immediately upon the occurrence of an injury to any of his or her employees, render to the injured employee all necessary first aid, including the cost of transportation of the injured employee to the nearest place of proper treatment if the injury is such as to make it reasonably necessary for such transportation.
2. An employer who is not self-insured or a member of an association of self-insured public or private employers is entitled to receive reimbursement from the employer’s insurer for the costs incurred in rendering the necessary first aid and transportation of an injured employee to the nearest place of proper treatment.
[Part 58:168:1947; 1943 NCL § 2680.58]—(NRS A 1975, 252, 826; 1979, 1489; 1981, 1165, 1469; 1985, 664; 1991, 2404; 1993, 713, 1862)—(Substituted in revision for NRS 616.340)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.092 - Administrator to publish quarterly report of rating physicians and chiropractic physicians who conduct certain examinations or evaluations of injured employees; retention of archive of reports.

1. The Administrator shall, not later than 30 days after the end of each calendar quarter, publish and make publicly available on the Internet website of the Division a report containing:
(a) The name of each rating physician or chiropractic physician, listed in alphabetical order by last name, who conducted an examination or evaluation on an injured employee pursuant to NRS 616C.100, 616C.145, 616C.330, 616C.360 or 616C.490 in the immediately preceding calendar quarter; and
(b) For each rating physician or chiropractic physician identified pursuant to paragraph (a), the number of examinations or evaluations that were conducted by the rating physician or chiropractic physician as a result of:
(1) The selection of the rating physician or chiropractic physician at random from the list of qualified physicians and chiropractic physicians maintained by the Administrator pursuant to subsection 2 of NRS 616C.490; and
(2) An agreement by an insurer and an injured employee.
2. The Administrator shall retain an archive of each report published pursuant to subsection 1 which is accessible by the public.
(Added to NRS by 2023, 3616)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.095 - Duty of physician, chiropractic physician, physician assistant or advanced practice registered nurse to advise injured employee of rights.

1. The physician, chiropractic physician, physician assistant or advanced practice registered nurse shall inform the injured employee of the injured employee’s rights under chapters 616A to 616D, inclusive, or chapter 617 of NRS and lend all necessary assistance in making application for compensation and such proof of other matters as required by the rules of the Division, without charge to the employee.
2. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
[53:168:1947; 1943 NCL § 2680.53]—(NRS A 1981, 1470; 1985, 1543; 1993, 1863; 1999, 220; 2021, 1183)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.098 - Use by physician, chiropractic physician, physician assistant or advanced practice registered nurse of certain phrases relating to causation of industrial injury or occupational disease.

1. Certain phrases relating to a claim for compensation for an industrial injury or occupational disease and used by a physician, chiropractic physician, physician assistant or advanced practice registered nurse when determining the causation of an industrial injury or occupational disease are deemed to be equivalent and may be used interchangeably. Those phrases are:
(a) "Directly connect this injury or occupational disease as job incurred"; and
(b) "A degree of reasonable medical probability that the condition in question was caused by the industrial injury."
2. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
(Added to NRS by 2017, 1160; A 2021, 1183)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.100 - Additional determination of percentage of disability permitted if cost paid by injured employee; authority of injured employee to seek reimbursement of cost; results of determination may be offered at hearing or conference.

1. If an injured employee disagrees with the percentage of disability determined by a physician or chiropractic physician, the injured employee may obtain a second determination of the percentage of disability. If the employee wishes to obtain such a determination, the employee must select the physician or chiropractic physician at random from the list of qualified physicians or chiropractic physicians maintained by the Administrator pursuant to subsection 2 of NRS 616C.490. If a second determination is obtained, the injured employee shall pay for the determination. If the physician or chiropractic physician selected to make the second determination finds a higher percentage of disability than the first physician or chiropractic physician, the injured employee may request a hearing officer or appeals officer to order the insurer to reimburse the employee pursuant to the provisions of NRS 616C.330 or 616C.360.
2. The results of a second determination made pursuant to subsection 1 may be offered at any hearing or settlement conference.
(Added to NRS by 1991, 2398; A 1993, 736; 1995, 2148; 1999, 1777; 2023, 3622)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.105 - Requirements for designation of chiropractic physician to rate permanent partial disabilities.

The Administrator shall not designate a chiropractic physician to rate permanent partial disabilities unless the chiropractic physician has completed an advanced program of training in rating disabilities using the American Medical Association’s
Guides to the Evaluation of Permanent Impairment
which is offered or approved by the Administrator.
(Added to NRS by 1991, 2392)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.110 - American Medical Association’s Guides to the Evaluation of Permanent Impairment: Duty of Division to adopt Guides by regulation.

1. For the purposes of NRS 616B.557, 616B.578, 616B.587, 616C.490 and 617.459, not later than August 1, 2003, the Division shall adopt regulations incorporating the American Medical Association’s
Guides to the Evaluation of Permanent Impairment
, Fifth Edition, by reference. The regulations:
(a) Must provide that the American Medical Association’s
Guides to the Evaluation of Permanent Impairment
, Fifth Edition, must be applied to all examinations; and
(b) Must be applied to all examinations for a permanent partial disability that are conducted on or after the effective date of the regulations, regardless of the date of injury.
2. After adopting the regulations required pursuant to subsection 1, the Division may amend those regulations as it deems necessary, except that the amendments to those regulations:
(a) Must be consistent with the Fifth Edition of the American Medical Association’s
Guides to the Evaluation of Permanent Impairment
;
(b) Must not incorporate any contradictory matter from any other edition of the American Medical Association’s
Guides to the Evaluation of Permanent Impairment
; and
(c) Must not consider any factors other than the degree of physical impairment of the whole person in calculating the entitlement to compensation.
3. If the Fifth Edition of the American Medical Association’s
Guides to the Evaluation of Permanent Impairment
contains more than one method of determining the rating of an impairment, the Administrator shall designate by regulation the method from that edition which must be used to rate an impairment pursuant to NRS 616C.490.
(Added to NRS by 1995, 2128; A 1999, 1777; 2003, 1671; 2009, 3032)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.115 - Prescription of generic drugs required; exceptions.

1. Except as otherwise provided in subsection 2, a physician or advanced practice registered nurse shall prescribe for an injured employee a generic drug in lieu of a drug with a brand name if the generic drug is biologically equivalent and has the same active ingredient or ingredients of the same strength, quantity and form of dosage as the drug with a brand name.
2. A physician or advanced practice registered nurse is not required to comply with the provisions of subsection 1 if:
(a) The physician or advanced practice registered nurse determines that the generic drug would not be beneficial to the health of the injured employee; or
(b) The generic drug is higher in cost than the drug with a brand name.
(Added to NRS by 1993, 669; A 2013, 2092)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.117 - Prescription of drugs dispensed directly to injured employee; limitations.

1. With respect to drugs prescribed and dispensed directly to an injured employee by a provider of health care:
(a) The provider of health care may dispense an initial supply of a controlled substance which is listed in schedule II or III by the State Board of Pharmacy pursuant to NRS 453.146 to an injured employee. Any controlled substances prescribed to an injured employee beyond the initial supply must be filled by a pharmacy that is registered with the State Board of Pharmacy.
(b) The provider of health care shall include the original manufacturer’s National Drug Code, as assigned by the United States Food and Drug Administration, on all bills and reports submitted to an insurer pursuant to this chapter.
(c) A repackaged National Drug Code must not be used and must not be considered an original manufacturer’s National Drug Code for the purposes of this section.
(d) A provider of health care who provides care on an outpatient basis may not charge an insurer or seek reimbursement for dispensing a nonprescription drug to an injured employee.
2. As used in this section:
(a) "Initial supply" means a quantity of a controlled substance that when used as prescribed does not exceed a 15-day supply and that is provided on a one-time basis.
(b) "Provider of health care" has the meaning ascribed to it in NRS 629.031, but does not include a pharmacist or a hospital as defined in NRS 449.012.
(Added to NRS by 2015, 1134)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.120 - Employee may elect treatment through prayer in lieu of medical treatment.

Any provision of this chapter or chapter 616A, 616B, 616D or 617 of NRS must not prevent an employee from providing for treatment for the employee’s injuries or disease through prayer or other spiritual means in accordance with the tenets and practices of a recognized church, which treatment is recognized in this State in lieu of medical treatment.
(Added to NRS by 1973, 1595; A 1999, 220)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.125 - Insurer may contract with suppliers for provision of services and goods to injured employees.

An insurer may contract with suppliers to provide services and goods to injured employees. Such contracts may provide for the exclusive provision of specified services or goods to injured employees.
(Added to NRS by 1987, 2148; A 1989, 1429; 1993, 714)—(Substituted in revision for NRS 616.344)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.130 - Insurer’s payment to physician, chiropractic physician, physician assistant or advanced practice registered nurse attending injured employee conditioned upon receipt of itemized statement and certificate.

1. The insurer shall not authorize the payment of any money to a physician, chiropractic physician, physician assistant or advanced practice registered nurse for services rendered by the physician, chiropractic physician, physician assistant or advanced practice registered nurse, as applicable, in attending an injured employee until an itemized statement for the services has been received by the insurer accompanied by a certificate of the physician, chiropractic physician, physician assistant or advanced practice registered nurse stating that a duplicate of the itemized statement has been filed with the employer of the injured employee.
2. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
(Added to NRS by 1957, 232; A 1981, 1167, 1471; 1985, 1543; 1997, 1435; 2021, 1184)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.135 - Liability of insurer for payment of charges for treatment related to industrial injury or occupational disease; acceptance of payment by provider of health care from injured employee or health or casualty insurer for treatment that was erroneously denied.

1. A provider of health care who accepts a patient as a referral for the treatment of an industrial injury or an occupational disease may not charge the patient for any treatment related to the industrial injury or occupational disease, but must charge the insurer. The provider of health care may charge the patient for any services that are not related to the employee’s industrial injury or occupational disease.
2. The insurer is liable for the charges for approved services related to the industrial injury or occupational disease if the charges do not exceed:
(a) The fees established in accordance with NRS 616C.260 or the usual fee charged by that person or institution, whichever is less; and
(b) The charges provided for by the contract between the provider of health care and the insurer or the contract between the provider of health care and the organization for managed care.
3. A provider of health care may accept payment from an injured employee or from a health or casualty insurer paying on behalf of the injured employee pursuant to NRS 616C.138 for treatment or other services that the injured employee alleges are related to the industrial injury or occupational disease.
4. If a provider of health care, an organization for managed care, an insurer or an employer violates the provisions of this section, the Administrator shall impose an administrative fine of not more than $250 for each violation.
(Added to NRS by 1983, 1291; A 1985, 574; 1991, 2407; 1993, 715; 2001, 1894, 2738, 2742; 2005, 237, 1265)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.137 - Denial of payment for unrelated services: Requirements for notification; liability of injured employee; appeal.

1. If an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 denies payment for some or all of the services itemized on a statement submitted by a provider of health care on the sole basis that those services were not related to the employee’s industrial injury or occupational disease, the insurer, organization for managed care or employer shall, at the same time that it sends notification to the provider of health care of the denial, send a copy of the statement to the injured employee and notify the injured employee that it has denied payment. The notification sent to the injured employee must:
(a) State the relevant amount requested as payment in the statement, that the reason for denying payment is that the services were not related to the industrial injury or occupational disease and that, pursuant to subsection 2, the injured employee will be responsible for payment of the relevant amount if the injured employee does not, in a timely manner, appeal the denial pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive, or appeals but is not successful.
(b) Include an explanation of the injured employee’s right to request a hearing to appeal the denial pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive, and a suitable form for requesting a hearing to appeal the denial.
2. An injured employee who does not, in a timely manner, appeal the denial of payment for the services rendered or who appeals the denial but is not successful is responsible for payment of the relevant charges on the itemized statement.
3. To succeed on appeal, the injured employee must show that the:
(a) Services provided were related to the employee’s industrial injury or occupational disease; or
(b) Insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 gave prior authorization for the services rendered and did not withdraw that prior authorization before the services of the provider of health care were rendered.
(Added to NRS by 2001, 2737)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.140 - Medical examination of claimant; effect of refusal to submit to examination; communications not privileged.

1. Any employee who is entitled to receive compensation under chapters 616A to 616D, inclusive, of NRS shall, if:
(a) Requested by the insurer or employer; or
(b) Ordered by an appeals officer or a hearing officer,
submit to a medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the Division.
2. If the insurer has reasonable cause to believe that an injured employee who is receiving compensation for a permanent total disability is no longer disabled, the insurer may request the employee to submit to an annual medical examination to determine whether the disability still exists. The insurer shall pay the costs of the examination.
3. The request or order for an examination must fix a time and place therefor, with due regard for the nature of the medical examination, the convenience of the employee, the employee’s physical condition and the employee’s ability to attend at the time and place fixed.
4. The employee is entitled to have a physician or chiropractic physician, provided and paid for by the employee, present at any such examination.
5. If the employee refuses to submit to an examination ordered or requested pursuant to subsection 1 or 2 or obstructs the examination, the right of the employee to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.
6. Any physician or chiropractic physician who makes or is present at any such examination may be required to testify as to the result thereof.
[67:168:1947; 1943 NCL § 2680.67] + [68:168:1947; 1943 NCL § 2680.68]—(NRS A 1975, 763; 1977, 314; 1979, 1054; 1981, 1169, 1197, 1489, 1830; 1985, 1546; 1993, 735, 1869; 1995, 579; 1997, 1394)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.150 - Compensation prohibited unless preponderance of evidence establishes that injury arose out of and in course of employment; rebuttable presumption if notice of injury is filed after termination of employment.

1. An injured employee or the dependents of the injured employee are not entitled to receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS unless the employee or the dependents establish by a preponderance of the evidence that the employee’s injury arose out of and in the course of his or her employment.
2. For the purposes of chapters 616A to 616D, inclusive, of NRS, if the employee files a notice of an injury pursuant to NRS 616C.015 after his or her employment has been terminated for any reason, there is a rebuttable presumption that the injury did not arise out of and in the course of his or her employment.
(Added to NRS by 1993, 662)—(Substituted in revision for NRS 616.5015)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.155 - Payment of compensation by insurer prohibited before required; recovery of overpayment by insurer.

1. An insurer shall not provide compensation to or for an employee or the dependents of the employee before the compensation is required to be paid pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS.
2. If, within 30 days after a payment is made to an injured employee pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS, the insurer determines that it has overpaid the injured employee as a result of a clerical error in its calculation of the amount of payment, or as a result of using improper or incorrect information to determine the injured employee’s eligibility for payment or to calculate the amount of payment, the insurer may deduct the amount of the overpayment from future benefits related to that claim to which the injured employee is entitled, other than accident benefits, if:
(a) The insurer notifies the injured employee in writing of its determination;
(b) The insurer informs the injured employee of the injured employee’s right to contest the deduction; and
(c) The injured employee fails to contest the deduction or does so and upon final resolution of the contested deduction, it is determined that such an overpayment was made.
3. Any deductions made pursuant to subsection 2 must be made in a reasonable manner which does not cause undue hardship to the injured employee.
(Added to NRS by 1993, 662)—(Substituted in revision for NRS 616.5017)
2023 Nevada Revised Statutes › Chapter 616C - Industrial Insurance: Benefits for Injuries or Death › NRS 616C.157 - Request for prior authorization: Time to respond; effect of failure to respond in timely manner.

1. An insurer, organization for managed care or third-party administrator shall respond to a written request for prior authorization for:
(a) Treatment;
(b) Diagnostic testing; or
(c) Consultation,
within 5 working days after receiving the written request.
2. If the insurer, organization for managed care or third-party administrator fails to respond to such a request within 5 working days, authorization shall be deemed to be given. The insurer, organization for managed care or third-party administrator may subsequently deny authorization.
3. If the insurer, organization for managed care or third-party administrator subsequently denies a request for authorization submitted by a provider of health care for additional visits or treatments, it shall pay for the additional visits or treatments actually provided to the injured employee, up to the number of treatments for which payment is requested by the provider of health care before the denial of authorization is received by the provider.
(Added to NRS by 1999, 2214)