reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › PROOF OF COVERAGE › Section 616B.100 - Definitions

Current through June 11, 2024
As used in NAC 616B.100 to 616B.148, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC 616B.106,
				616B.109 and 616B.118 have the meanings ascribed to them in those
				sections.
Added to NAC by Div. of
				Industrial Relations by R071-99, eff. 10-29-99; A by R118-02,
				9-7-2005
NRS
				  616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › PROOF OF COVERAGE › Section 616B.106 - "Binder" defined

Current through June 11, 2024
"Binder" has the meaning ascribed to it in
				NRS
				687B.015.
Added to NAC by Div. of
				Industrial Relations by R071-99, eff. 10-29-99
NRS
				  616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › PROOF OF COVERAGE › Section 616B.109 - "Designated agent" defined

Current through June 11, 2024
"Designated agent" means the agent who is authorized by the
				Administrator to receive proof of coverage from a private carrier or an
				association, or its representative, and submit that proof of coverage to the
				Administrator.
Added to NAC by Div. of
				Industrial Relations by R071-99, eff. 10-29-99; A by R071-99, 10-29-99, eff.
				1-1-2000
NRS
				  616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › PROOF OF COVERAGE › Section 616B.118 - "Proof of coverage" defined

Current through June 11, 2024
"Proof of coverage" means the information relating to the
				verification of industrial insurance coverage for employers in this
				State.
Added to NAC by Div. of
				Industrial Relations by R071-99, eff. 10-29-99
NRS
				  616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › PROOF OF COVERAGE › Section 616B.121 - Adoption by reference of certain publications

Current through June 11, 2024
The Administrator hereby adopts by reference the following
				publications:
1. Policy and Proof of
			 Coverage Reporting Guidebook, which is issued by the National Council on
			 Compensation Insurance. Access to the
Guidebook
may be
			 obtained at the Internet address
http://www.ncci.com
, free of charge to
			 customers of that organization who:
(a) Are
			 authorized to report data to the organization; and
(b) Have a user identification and password
			 to access the
Guidebook
at that Internet address. A user
			 identification and password may be obtained by contacting customer service for
			 the National Council on Compensation Insurance.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › PROOF OF COVERAGE › Section 616B.124 - Private carrier: Duty to submit proof to designated agent

Current through June 11, 2024
For the purposes of complying with the provisions of subsection
				2 of
				NRS
				616B.460 and
				NRS
				616B.461, a private carrier shall submit
				proof of coverage to the designated agent.
Added to NAC by Div. of
				Industrial Relations by R071-99, eff. 10-29-99; A by R071-99, 10-29-99, eff.
				1-1-2000; R118-02, 9-7-2005
NRS
				  616A.400,
				  616B.460,
				  616B.461
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › PROOF OF COVERAGE › Section 616B.127 - Private carrier: Period for submission of proof; duty upon replacement of binder

Current through June 11, 2024
1. A private
			 carrier shall submit proof of coverage to the designated agent within 15 days
			 after the effective date of the:
(a) Issuance
			 of a policy or binder of industrial insurance;
(b) Renewal of a policy of industrial
			 insurance;
(c) Reinstatement of a
			 policy of industrial insurance;
(d)
			 Reissuance of a policy of industrial insurance;
(e) Cancellation of a policy of industrial
			 insurance;
(f) Nonrenewal of a
			 policy of industrial insurance; or
(g) Issuance of any endorsement of a policy
			 of industrial insurance which materially affects the proof of coverage required
			 by NAC 616B.100 to 616B.148, inclusive.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › PROOF OF COVERAGE › Section 616B.133 - Private carrier: Methods for submission of proof and other information

Current through June 11, 2024
1. A private carrier shall submit proof of
			 coverage to the designated agent by:
(a)
			 Electronic transmission; or
(b) The
			 United States Postal Service or any other mail delivery service.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › PROOF OF COVERAGE › Section 616B.136 - Employer: Provision of proof to insurer and Administrator; notification of previous insurer of cancellation of former policy

Current through June 11, 2024
1. An employer shall, upon request, provide
			 proof of coverage to its insurer and to the Administrator in the manner
			 prescribed by the Administrator. If the employer fails to provide that
			 information to the insurer, the insurer may notify the Administrator of the
			 failure of the employer to provide the information.
2. If an employer changes insurers, the
			 employer shall notify the previous insurer of the cancellation of the former
			 policy within 10 days after the effective date of the change.
Added to NAC by Div. of
				Industrial Relations by R071-99, eff. 10-29-99; A by R118-02,
				9-7-2005
NRS
				  616A.400,
				  616B.460
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › PROOF OF COVERAGE › Section 616B.139 - Designated agent: Fee for certain services; provision of instructions for submission of proof

Current through June 11, 2024
The designated agent may charge a private carrier a fee in an
				amount that does not exceed the cost of receiving, processing and submitting
				proof of coverage required by the Administrator. The designated agent shall
				provide to the private carrier, at no cost, instructions for submitting proof
				of coverage.
Added to NAC by Div. of
				Industrial Relations by R071-99, eff. 10-29-99; A by R071-99, 10-29-99, eff.
				1-1-2000; R118-02, 9-7-2005
NRS
				  616A.400,
				  616B.461
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › PROOF OF COVERAGE › Section 616B.148 - Notification of Administrator regarding operation of employer without insurance

Current through June 11, 2024
An insurer shall, within 5 working days after it obtains
				information that an employer may have operated in this State without industrial
				insurance, give written notice of that fact to the
				Administrator.
Added to NAC by Div. of
				Industrial Relations by R071-99, eff. 10-29-99; A by R118-02,
				9-7-2005
NRS
				  616A.400
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.400 - Purpose

Current through June 11, 2024
The purpose of NAC 616B.400 to 616B.496, inclusive, is to set
				forth:
1. The standards and procedures
			 of the Commissioner for certifying self-insured employers; and
2. The regulations of the Administrator
			 governing the operation of self-insured employers' programs for providing
			 workers' compensation, to provide adequate protection for the self-insured
			 employers, their employees and the State of Nevada.
Comm'r of Insurance,
				PC-25 § 2, eff. 8-6-80-NAC A by Dep't of Industrial Relations, 10-26-83; A
				by Comm'r of Insurance, 1-24-92; A by Div. of Industrial Relations by R112-98,
				12-18-98
NRS
				  616A.400,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.403 - Definitions

Current through June 11, 2024
As used in NAC
				616B.400 to
				616B.496, inclusive, unless the
				context otherwise requires, the terms defined in chapters 616A to 617,
				inclusive, of NRS have the meanings ascribed to them therein. In addition, the
				words and terms defined in NAC
				616B.406 to
				616B.418, inclusive, have the
				meanings ascribed to them in those sections.
Comm'r of Insurance,
				PC-25 § 3, eff. 8-6-80-NAC A 1-4-91; 11-1-96; R119-07, 12-4-2007; A by
				R095-17AP,
				eff. 2/27/2018
NRS
				679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.406 - "Annual claims expenditures" defined

Current through June 11, 2024
"Annual claims expenditures" means the total amount of money
				actually disbursed in a 12-month period by or on behalf of an employer as
				benefits against all past and current industrial insurance
				claims.
Comm'r of Insurance,
				PC-25 § 4, eff. 8-6-80-Substituted in revision for NAC 616.140; A by
				R095-17AP,
				eff. 2/27/2018
NRS
				616B.300 and
				679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.409 - "Expected annual claims expenditures" defined (Repealed)

Current through June 11, 2024
Comm'r of Insurance,
				PC-25 § 8, eff. 8-6-80-Substituted in revision for NAC 616.146; R by
				R095-17AP,
				eff. 2/27/2018
NRS
				616B.300 and
				679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.412 - "Expected annual incurred cost of claims" defined

Current through June 11, 2024
As used in
				NRS
				616B.300, the Commissioner will interpret
				"expected annual incurred cost of claims" to mean the average of the annual
				claims expenditures of the employer during the immediately preceding 36 months
				plus any estimated additional costs, including , without limitation, future
				anticipated costs and the cost of administering the program of
				self-insurance.
Comm'r of Insurance,
				PC-25 § 7, eff. 8-6-80-Substituted in revision for NAC 616.148; A by
				R095-17AP,
				eff. 2/27/2018
NRS
				616B.300 and
				679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.415 - "Governmental employer" defined

Current through June 11, 2024
"Governmental employer" means the State, any county, city or
				school district, and all public and quasi-public corporations in this
				State.
Added to NAC by Comm'r
				of Insurance, eff. 1-4-91-Substituted in revision for NAC
				616.149
NRS
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.418 - "Program of self-insurance" defined

Current through June 11, 2024
"Program of self-insurance" means a program of self-insured
				workers' compensation established pursuant to chapters 616A to 617, inclusive,
				of NRS for which an employer has obtained a certificate from the
				Commissioner.
Comm'r of Insurance,
				PC-25 § 10, eff. 8-6-80-NAC A by Div. of Industrial Relations by R112-98,
				12-18-98
NRS
				  616A.400,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.421 - "Regulation" defined (Repealed)

Current through June 11, 2024
Supplied in
				codification-Substituted in revision for NAC 616.154; R by
				R095-17AP,
				eff. 2/27/2018
NRS
				616B.300 and
				679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.424 - Eligibility to self-insure

Current through June 11, 2024
In order to be eligible to establish a program of
				self-insurance, an employer must:
1.
			 Except as otherwise provided in NAC
			 616B.427 and
			 616B.433, be a legally qualified
			 business entity having a tangible net worth of at least $2,500,000.
2. If other than a governmental employer, be
			 licensed to do business in Nevada.
3. Make the deposit required by NAC
			 616B.436. If the business has
			 been operated at a loss in any of the past 3 years, the Commissioner may
			 increase the required deposit by a minimum amount of 20 percent of the
			 deposit.
4. Provide a complete copy
			 of a policy of excess insurance to the Commissioner within 60 days after the
			 issuance of the policy as evidence of excess insurance in accordance with
			 NRS
			 616B.300. The policy must, without
			 limitation:
(a) Provide coverage for losses in
			 excess of a self-insured retention of not less than $100,000;
(b) Contain a provision requiring at least 60
			 days' notice of cancellation; and
(c) Contain a provision which states that the
			 bankruptcy or insolvency of the self-insured employer will not relieve the
			 insurer of its duties under the policy and that reimbursement will be made by
			 the insurer as if the self-insured employer had not become bankrupt or
			 insolvent.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.427 - Governmental employer: Qualification as self-insured employer

Current through June 11, 2024
1. To determine whether a governmental
			 employer has the financial ability to qualify as a self-insured employer, the
			 Commissioner will consider the use of fund accounting and waive the requirement
			 for a tangible net worth found in NAC
			 616B.424. All other requirements
			 for qualification apply to the governmental entity.
2. In addition to the deposit required by
			 NRS
			 616B.300, a governmental entity that does not
			 meet the requirements of subsection 1 shall:
(a) Comply with the requirements of Statement
			 No. 10 of the Governmental Accounting Standards Board, a copy of which may be
			 obtained from the Governmental Accounting Standards Board, 401 Merritt 7, P.O.
			 Box 5116, Norwalk, Connecticut 06856-5116, or from the Internet website
http://www.gasb.org
, at a cost of $24
			 or an electronic copy of which may be obtained at no cost from the Internet
			 website
http://www.gasb.org
;
			 or
(b) Set aside, in a special
			 reserve account, an amount equal to the deposit it made with the Commissioner
			 to assure payment of claims. This account must be held in trust for the payment
			 of claims, and all interest and income earned must be credited to that account.
			 If securities are used for this account, then the form of the securities must
			 be submitted to the Commissioner for approval.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.430 - Application to self-insure; fee

Current through June 11, 2024
1. Every employer
			 desiring to qualify as a self-insured employer must apply to the Commissioner
			 on forms provided by the Commissioner. The application must be signed by an
			 executive officer of the corporation, include audited financial statements of
			 the business entity covering the 3 years immediately preceding the date of the
			 application and be accompanied by an application fee of $200 for each
			 application submitted. The fee will not be refunded.
2. A separate application and filing fee must
			 be submitted for each separately administered program.
Comm'r of Insurance,
				PC-25 § 12, eff. 8-6-80-NAC A 1-4-91
NRS
				  616B.300,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.433 - Determination of tangible net worth of employer; authority of Commissioner to accept additional deposit

Current through June 11, 2024
1. To enable the
			 Commissioner to determine the tangible net worth of a self-insured employer,
			 the employer shall submit to the Commissioner all financial statements and
			 accompanying footnotes, including an independent auditor's opinion. Each
			 statement must be audited.
2. The
			 following factors must be used to review the audited financial statements:
(a) The auditor's opinion.
(b) The various financial ratios, including
			 working capital and cash flow.
(c)
			 Any footnotes related to:
(1) A contingency or
			 commitment;
(2) A party;
(3) A bad debt; or
(4) The restructuring of an
			 operation.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.434 - Determination of net cash flows of employer

Current through June 11, 2024
For the purpose of determining net cash flows pursuant to
				paragraph (b) of subsection 1 of
				NRS
				616B.300, a self-insured employer shall
				submit to the Commissioner:
1. Copies
			 of the self-insured employer's last three audited financial statements
			 submitted pursuant to
			 NRS
			 616B.336; and
2. Any additional information or documents
			 requested in writing by the Commissioner.
Added to NAC by Comm'r
				of Insurance by R119-07, eff. 12-4-2007
NRS
				  616B.300,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.436 - Required deposit: Form; management of certain securities; evaluation of certain securities and assets

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 3 of
			 NRS
			 616B.300, a self-insured employer shall meet
			 the deposit requirement of the self-insured program of workers' compensation by
			 depositing with the Commissioner any of the following:
(a) Cash.
(b) A savings certificate, certificate of
			 deposit or investment certificate. Any such savings certificate, certificate of
			 deposit or investment certificate must be from a financial institution that is
			 insured federally, made payable to the Commissioner of Insurance and the
			 employer.
(c)
A surety bond, if it is written by an insurer authorized and
				licensed to transact the business of surety insurance in this State .
(d) A letter of credit that meets
			 the standards set forth in NAC
			 616B.439.
(e) Securities guaranteed by the full faith
			 and credit of the United States.
(f) Any combination of paragraphs (a) to (e),
			 inclusive. Priority of payment in case of loss must be in the order stated in
			 this subsection.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.439 - Letter of credit: Requirements

Current through June 11, 2024
1. A letter of
			 credit submitted by a self-insured employer to meet the requirements for his or
			 her deposit pursuant to NAC 616B.436 must:
(a)
			 Include a clause stating that no document other than the demand for payment
			 under the terms of the letter is necessary for payment.
(b) Be irrevocable.
(c) Be valid for at least 1 year. The letter
			 must not expire unless written notice is given by the issuer. It must be
			 renewable automatically, unless the issuer gives written notice to the
			 Commissioner and the employer at least 90 days before the expiration
			 date.
(d) Be issued by a bank
			 chartered by this State or a bank that is a member of the United States Federal
			 Reserve System and has been approved by the Commissioner.
(e) Include a clause stating that it is not
			 subject to any conditions or qualifications outside the letter. The letter may
			 be the individual obligation of the financial institution issuing it, but must
			 not be contingent upon the institution's ability to perfect any lien or
			 security interest. The letter must not contain references to any other
			 agreements, documents or persons.
(f) Include a clause stating that the
			 obligation of the financial institution under the letter is not contingent upon
			 reimbursement.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.442 - Maintenance and review of documents to ensure adequacy of security deposit

Current through June 11, 2024
A self-insured employer shall maintain such documents as are
				necessary to ensure the adequacy of the security deposit required by
				NRS
				616B.300. To determine the accuracy of the
				recorded and reported amounts for claim reserves, the self-insured employer
				shall maintain and the Commissioner will review:
1. A list of open and closed claims, which
			 include:
(a) The claimant's name;
(b) The number assigned to the
			 claim;
(c) The date of the
			 injury;
(d) The status of the
			 claim, including whether it is open or closed;
(e) The total reserve amount for medical and
			 indemnity for each claim;
(f) The
			 total amount paid for medical costs and indemnity for each claim;
(g) The total reserve balance for medical
			 costs and indemnity for each claim;
(h) The total incurred cost of each
			 claim;
(i) The total for all claims
			 of payments for medical costs and indemnity; and
(j) The total of reserve balances for all
			 open claims, including future liabilities for medical costs and
			 indemnity.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.445 - Authority of Commissioner to require guarantee of indemnification

Current through June 11, 2024
A guarantee of indemnification may be required by the
				Commissioner from:
1. A parent
			 corporation for its subsidiaries or affiliates;
2. Any partner for a partnership;
			 or
3. An owner for a sole
			 proprietorship, whether or not the indemnitor is seeking a certificate of
			 self-insurance for himself or herself.
Added to NAC by Comm'r
				of Insurance, eff. 1-4-91-Substituted in revision for NAC
				616.165
NRS
				  616B.300,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.448 - Administration of self-insurance by employer or independent contractor

Current through June 11, 2024
1. A self-insured employer shall at all times
			 maintain adequate resources for the administration of his or her program of
			 self-insurance. After the program is established, the adequacy of the resources
			 and standards of performance of the self-insured employer for the program will
			 be evaluated by the Commissioner and the Administrator, or a representative of
			 either of them, on the basis of:
(a) The
			 self-insured employer's promptness in filing reports of accidents and
			 occupational disease;
(b) The
			 self-insured employer's promptness in making first payments in cases of
			 uncontested claims;
(c) The
			 percentage of contested claims;
(d)
			 The number of injured employees who are reemployed or rehabilitated;
			 and
(e) The delay between the
			 termination of compensation for temporary disabilities and the payment of
			 compensation for permanent partial disabilities.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.451 - Certificate of authority covering self-insured employer and any subsidiary or affiliated corporation: Procedure; requirements

Current through June 11, 2024
1. A
			 self-insured employer may request that the Commissioner issue one certificate
			 of authority to cover the employer and any subsidiary or affiliated
			 corporation. In reviewing such a request, the Commissioner will apply the
			 standards of NAC
			 616B.424
			 to all of the subsidiaries and corporations as if they were a single
			 entity.
2. The businesses that wish
			 to be covered by one certificate shall file a statement with the Commissioner
			 that lists the owners of the businesses and the percentage of the businesses
			 held by each owner and that verifies that the operations of each business are
			 controlled by the same owners. The Commissioner may require each business, or
			 the owner of each business, or both, to indemnify the other businesses or
			 owners who will be covered by the certificate and hold them harmless from
			 liability for any claim for compensation filed pursuant to chapters 616A to
			 617, inclusive, of NRS.
3. The
			 Commissioner may issue one certificate to cover a business and one or more
			 subsidiaries or affiliated corporations if:
(a) The operations of each business are
			 controlled by the same natural persons or corporation; and
(b) An independent auditor determines that
			 there is sufficient similarity in the control of the businesses to present a
			 combined financial statement for all of the businesses that will be covered by
			 the certificate.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.460 - Annual report: Filing; signature; failure to file

Current through June 11, 2024
1. Every self-insured employer must file an
			 annual report on forms supplied by the Commissioner as a condition to the
			 continuance of his or her certificate of authority to self-insure.
2. The report must be filed on or before
			 September 30, or within an additional time allowed by the Commissioner, and
			 cover the preceding fiscal year.
3.
			 Unless otherwise approved by the Commissioner, the report must be signed by a
			 person administering the program of self-insurance and by an officer or
			 authorized employee of the self-insured employer.
4. A self-insured employer will be assessed a
			 penalty of $50 for each day in which he or she has failed to file the annual
			 report as required by this section.
5. The Commissioner may require a
			 self-insured employer to submit quarterly reports in addition to the annual
			 report.
Comm'r of Insurance,
				PC-25 § 21, eff. 8-6-80
NRS
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.463 - Estimated expenditures for claims; calculation of reserve for reopened claims

Current through June 11, 2024
1. A self-insured
			 employer must calculate the estimated expenditure for each claim reported in
			 the annual report. The estimated expenditure for a claim is the total liability
			 attributable to the industrial accident or occupational disease, and includes
			 the total amount of money disbursed as benefits for the claim and the estimated
			 additional cost, including future costs actually and potentially due, which may
			 result from the settlement of a claim, regardless of when it will be
			 paid.
2. The Commissioner may
			 revise the estimated expenditure for a claim which, in his or her opinion, is
			 inaccurate or inadequate. A revision will be made only after the self-insured
			 employer has been notified in writing and given an opportunity to object to
			 it.
3. A reserve for reopened
			 claims will be calculated by the Division of Insurance based upon a percentage
			 of the actual expenses paid on all closed claims. The percentage will be based
			 upon the following sliding scale according to the number of uninterrupted years
			 the employer has been in the self-insured program:
(a) Inception to 5 years in the program, 3
			 percent;
(b) Six to 10 years in the
			 program, 2 percent;
(c) Eleven to
			 15 years in the program, 1 percent; and
(d) More than 15 years in the program, 0.5
			 percent.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.469 - Submission of interim reports regarding occurrence of certain injuries and diseases (Repealed)

Current through June 11, 2024
Added to NAC by Comm'r
				of Insurance, eff. 1-24-92; A by R112-04, 8-25-2004; R by
				R095-17AP,
				eff. 2/27/2018
NRS
				616B.300 and
				679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.471 - Purchase of annuity for payment of claim

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 11, a self-insured employer may purchase an
			 annuity payable to an employee who has filed a claim pursuant to chapters 616A
			 to 617, inclusive, of NRS, or to the employee's beneficiary, for the
			 compensation owed to the employee as a result of an industrial injury or
			 occupational disease, except accident benefits, if:
(a) The annuity is purchased from an insurer
			 authorized to do business in this State;
(b) The employee or the beneficiary is the
			 annuitant and all payments made pursuant to the annuity will be made directly
			 to the employee or the beneficiary; and
(c) The purchase of the annuity by the
			 self-insured employer on behalf of the employee is made to provide compensation
			 owed to the employee or the beneficiary pursuant to chapters 616A to 617,
			 inclusive, of NRS.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.472 - Payment of claim with immediately negotiable instrument

Current through June 11, 2024
A self-insured employer must issue all payments for claims,
				including payments made pursuant to an annuity, on instruments that are
				immediately negotiable in this State pursuant to
				NRS
				687B.255 as a condition for the continuance
				of his or her certificate of authority to self-insure.
Added to NAC by Comm'r
				of Insurance, eff. 1-24-92; A 11-1-96
NRS
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.475 - Reserve Account to Protect Against Insolvency: Creation; initial assessment

Current through June 11, 2024
1. The Commissioner
			 hereby establishes the Reserve Account to Protect Against the Insolvency of
			 Self-Insured Employers.
2. As a
			 condition of certification, each self-insured employer will be initially
			 assessed 0.5 percent of their expected annual expenditures for claims for
			 deposit in the Reserve Account.
Comm'r of Insurance,
				PC-25 § 29, eff. 8-6-80-NAC A 7-2-84-Substituted in revision for NAC
				616.196
NRS
				  616B.309,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.478 - Reserve Account to Protect Against Insolvency: Additional assessments; annual assessment

Current through June 11, 2024
1. If, during the
			 initial year of self-insurance, the employer adds an activity for which
			 employees are covered by self-insurance, the employer must pay an additional
			 assessment which is equivalent to 0.5 percent of the expected annual
			 expenditures for claims applicable to the activity which was added.
2. Each self-insured employer will be
			 assessed an annual assessment equal to .25 percent of the security deposit
			 established for the self-insured employer on June 30th before the assessment.
			 The Commissioner will provide to each self-insured employer a notice specifying
			 the amount of the assessment and the date that it is due, at least 20 days
			 before that date.
3. The annual
			 assessment established in subsection 2 will not be imposed:
(a) In the fiscal year in which a
			 self-insured employer is first certified; or
(b) If the balance of the Reserve Account
			 exceeds:
(1) Three million dollars;
			 or
(2) An amount equivalent to 20
			 percent of the aggregate of security deposits required of all self-insured
			 employers, whichever is the greater amount.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.481 - Reserve Account to Protect Against Insolvency: Use; reimbursement by employer

Current through June 11, 2024
1. If a
			 self-insured employer fails to pay compensation as a result of being insolvent
			 as provided in
			 NRS
			 616B.306, the Commissioner may use the
			 Reserve Account, on behalf of that employer to:
(a) Directly pay compensation to the
			 employees of the employer pursuant to chapters 616A to 616D, inclusive, or
			 chapter 617 of NRS; or
(b) Retain
			 an administrator who shall, under the direction of the Commissioner, assume the
			 responsibility for the administration of claims and payment of compensation
			 pursuant to chapters 616A to 617, inclusive, of NRS.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.484 - Reserve Account to Protect Against Insolvency: Special assessments; notification by mail; failure to pay; exception

Current through June 11, 2024
1.
			 Except as otherwise provided in subsection 3, if the Commissioner determines
			 that the balance in the Reserve Account is insufficient to pay compensation on
			 behalf of an insolvent self-insured employer or if an insolvent self-insured
			 employer fails to reimburse the Account, the Commissioner will assess all
			 employers certified as self-insurers on the date of the assessment, an amount
			 determined by the Commissioner to either pay claims or restore the balance of
			 the Reserve Account. After determining the amount necessary for the assessment,
			 the Commissioner will mail, by regular mail, each self-insured employer a
			 notice specifying the amount of the assessment and the date that it is due, at
			 least 20 days before that date.
2.
			 Each self-insured employer shall remit, on the date specified in the notice, to
			 the Commissioner the total amount of the assessment. Failure by a self-insured
			 employer to pay an assessment is prima facie evidence that the employer has
			 intentionally failed to comply with the regulations of the Commissioner and is
			 grounds for the imposition of a fine or the withdrawal of the certification as
			 a self-insured employer pursuant to
			 NRS
			 616B.318.
3. If:
(a)
			 The Reserve Account has been used to pay the claims of an insolvent
			 self-insured employer;
(b) That
			 self-insured employer fails to reimburse the Reserve Account; and
(c) The Commissioner determines that the
			 balance of the Reserve Account is sufficient to pay compensation on behalf of
			 other insolvent self-insured employers,
the Commissioner may decide not to impose an assessment
				pursuant to this section against employers certified as self-insured employers
				on that date.
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.487 - Cancellation of certificate by employer

Current through June 11, 2024
A self-insured employer may at any time request in writing that
				his or her certificate to self-insure be cancelled. The Commissioner of
				Insurance will withdraw the certificate after the self-insurer:
1. Establishes a program to the satisfaction
			 of the Commissioner which will discharge all liabilities and responsibilities
			 incurred by him or her during the period the certificate was in force and which
			 is in addition to the deposit retained by the Commissioner as provided by
			 statute; and
2. Surrenders the
			 certificate.
Comm'r of Insurance,
				PC-25 § 31, eff. 8-6-80-Substituted in revision for NAC
				616.198
NRS
				  616B.312,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.490 - Withdrawal of certificate: Grounds; procedure

Current through June 11, 2024
1. The
			 failure of a self-insured employer to comply with the applicable statutes and
			 regulations governing the administration of self-insured workers' compensation
			 is cause for withdrawal of his or her certificate.
2. Proceedings to withdraw a certificate
			 issued pursuant to NAC 616B.400 to 616B.496, inclusive, will be conducted in
			 accordance with chapters 616A to 616D, inclusive, of NRS and regulations
			 adopted pursuant to those chapters.
3. Before the Commissioner issues a formal
			 written notice that he or she intends to withdraw the certificate of a
			 self-insured employer, the Commissioner will request in writing that the
			 employer meet with him or her informally to discuss and resolve the
			 deficiencies that would be grounds for withdrawal. If the self-insured employer
			 declines to meet informally with the Commissioner, fails to respond to the
			 request for a meeting or fails to appear at the scheduled meeting, the
			 Commissioner will proceed to withdraw the certificate in accordance with the
			 provisions of chapters 616A to 616D, inclusive, of NRS.
Comm'r of Insurance,
				PC-25 § 30, eff. 8-6-80-NAC A by Div. of Industrial Relations by R112-98,
				12-18-98
NRS
				  616A.400,
				  616B.318,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.493 - Withdrawal of certificate: Continuing jurisdiction; reports; audits

Current through June 11, 2024
1. After the withdrawal of a certificate, the
			 Commissioner and Administrator retain jurisdiction over injuries sustained
			 during the period of self-insurance until all liabilities and all
			 responsibilities have terminated.
2. The Commissioner and Administrator will
			 require a self-insured employer whose certificate has been withdrawn to provide
			 any necessary reports setting forth the status of all compensable cases which
			 remain open.
3. The Commissioner
			 and Administrator will audit the compensable claims of any self-insured
			 employer whose certificate has been withdrawn, and the employer shall pay the
			 expenses incurred by the Commissioner and Administrator, or a representative of
			 either of them, in conducting the audits.
Comm'r of Insurance,
				PC-25 § 32, eff. 8-6-80-NAC A by Div. of Industrial Insurance Regulation,
				10-26-83; A by Div. of Industrial Relations by R112-98,
				12-18-98
NRS
				  616A.400,
				  616B.318,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › SELF-INSURED EMPLOYERS › Section 616B.496 - Severability

Current through June 11, 2024
If any provision of NAC 616B.400 to 616B.496, inclusive, or its
				application to any person, thing or circumstance is held to be invalid, the
				Commissioner and Administrator intend that the invalidity not affect the other
				provisions of those sections to the extent that they can be given
				effect.
Comm'r of Insurance,
				PC-25 § 33, eff. 8-6-80-NAC A by Div. of Industrial Insurance Regulation,
				10-26-83; A by Div. of Industrial Relations by R112-98,
				12-18-98
NRS
				  616A.400,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › ASSOCIATIONS OF SELF-INSURED EMPLOYERS › Section 616B.510 - Definitions

Current through June 11, 2024
As used in NAC 616B.510 to 616B.612, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC 616B.513 to
				616B.522, inclusive, have the meanings ascribed to them in those
				sections.
Added to NAC by Comm'r
				of Insurance, eff. 3-22-96; A 11-1-96; A by Div. of Industrial Relations by
				R006-97, 12-9-97; A by Comm'r of Insurance by R090-98, 9-18-98; A by Div. of
				Industrial Relations by R112-98, 12-18-98; A by Comm'r of Insurance by R112-04,
				8-25-2004; R119-07, 12-4-2007
NRS
				  616A.400,
				  616B.446,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › ASSOCIATIONS OF SELF-INSURED EMPLOYERS › Section 616B.513 - "Annual claims expenditures" defined

Current through June 11, 2024
"Annual claims expenditures" means the total amount of money
				actually disbursed in a 12-month period by or on behalf of an association of
				self-insured public or private employers as benefits against all past and
				current claims for industrial insurance.
Added to NAC by Comm'r
				of Insurance, eff. 3-22-96; A by
				R095-17AP,
				eff. 2/27/2018
NRS
				616B.353,
				616B.446 and
				679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › ASSOCIATIONS OF SELF-INSURED EMPLOYERS › Section 616B.516 - "Association" defined

Current through June 11, 2024
"Association" means an association of self-insured public or
				private employers.
Added to NAC by Comm'r
				of Insurance, eff. 3-22-96
NRS 616B.446,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › ASSOCIATIONS OF SELF-INSURED EMPLOYERS › Section 616B.519 - "Division of Insurance" defined

Current through June 11, 2024
"Division of Insurance" means the Division of Insurance of the
				Department of Business and Industry.
Added to NAC by Comm'r
				of Insurance, eff. 3-22-96
NRS 616B.446,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › ASSOCIATIONS OF SELF-INSURED EMPLOYERS › Section 616B.522 - "Expected annual incurred cost of claims" defined

Current through June 11, 2024
"Expected annual incurred cost of claims" means the average of
				the annual claims expenditures of all of the members of an association during
				the immediately preceding 36 months plus any estimated additional costs,
				including , without limitation, future anticipated costs and the cost of
				administering the program of self-insurance.
Added to NAC by Comm'r
				of Insurance, eff. 3-22-96; A by
				R095-17AP,
				eff. 2/27/2018
NRS
				616B.353,
				616B.446 and
				679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › ASSOCIATIONS OF SELF-INSURED EMPLOYERS › Section 616B.525 - Application for certification

Current through June 11, 2024
In addition to the requirements of
				NRS
				616B.350, an association's application for
				certification must include:
1. A
			 statement of the amount of the association's money that the initial third-party
			 administrator of the association will control in the 12 months that follow the
			 date of the application.
2. A
			 statement of the amount of the association's money that the association's
			 administrator will control in the 12 months that follow the date of the
			 application.
3. The plan required
			 by
			 NRS
			 616B.416 for payment of annual assessments by
			 members of the association. The plan may specify that a portion of the
			 assessment, in an amount approved by the Commissioner, will be charged against
			 each member before certification to pay expenses that arise in the
			 certification process. The portion of the assessment that is charged before
			 certification must be credited against the total annual assessment owed by the
			 member.
Added to NAC by Comm'r
				of Insurance, eff. 3-22-96
NRS
				  616B.350,
				  616B.446,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › ASSOCIATIONS OF SELF-INSURED EMPLOYERS › Section 616B.528 - Underwriting plan and related policies and guidelines: Submission required with application for certification; submission of proposed changes

Current through June 11, 2024
An association shall submit to the Commissioner, as part of its
				application for certification, a complete copy of its underwriting plan and its
				policies and guidelines for accepting members. Any change made to the
				underwriting plan must be submitted to the Commissioner before adoption by the
				association.
Added to NAC by Comm'r
				of Insurance, eff. 3-22-96
NRS
				  616B.350,
				  616B.446,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › ASSOCIATIONS OF SELF-INSURED EMPLOYERS › Section 616B.531 - Remission of assessment for Account for Insolvent Associations of Self-Insured Employers

Current through June 11, 2024
Before the Commissioner will issue a certificate to an
				association, the association must remit to the Commissioner an assessment for
				the Account for Insolvent Associations of Self-Insured Public or Private
				Employers of 1 percent of the amount of the security which it must deposit
				pursuant to paragraph (d) of subsection 1 of
				NRS
				616B.353. The assessment will be deposited
				with the State Treasurer to the credit of the Account for Insolvent
				Associations of Self-Insured Public or Private Employers.
Added to NAC by Comm'r
				of Insurance, eff. 3-22-96
NRS
				  616B.443,
				  616B.446,
				  679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › ASSOCIATIONS OF SELF-INSURED EMPLOYERS › Section 616B.534 - Maintenance and administration of policy of excess insurance

Current through June 11, 2024
1. Each association shall maintain a policy
			 of specific and aggregate excess insurance with a self-insured retention of no
			 less than $100,000.
2. The
			 Commissioner will review the amount of insurance required for an association
			 and may adjust the amount if he or she determines that changed conditions
			 warrant an adjustment.
Added to NAC by Comm'r
				of Insurance, eff. 3-22-96; A by R102-09, 1-28-2010; A by
				R124-20A,
				eff. 4/14/2021
NRS
				616B.353,
				616B.446,
				679B.130
Nevada Administrative Code › Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage › ASSOCIATIONS OF SELF-INSURED EMPLOYERS › Section 616B.537 - Required security deposit: Determination of amount; adjustment by Commissioner

Current through June 11, 2024
1. The Commissioner
			 will determine the amount of security an association must deposit pursuant to
			 paragraph (d) of subsection 1 of
			 NRS
			 616B.353 by calculating an amount that is
			 one-half of the association's expected annual incurred cost of claims and
			 increasing or decreasing that amount, if necessary and within the limitations
			 set forth in subsection 2, based on:
(a) The
			 past and future experience of the association with losses and
			 expenses;
(b) The hazard of
			 catastrophic loss for the association or the type of employers who are members
			 of the association;
(c) The current
			 trends concerning losses within the State;
(d) The nature of the businesses of the
			 members of the association;
(e) The
			 financial ability of the association to pay all compensation due under chapters
			 616A to 617, inclusive, of NRS;
(f)
			 The probable stability and longevity of the operation of the association;
			 and
(g) Such other contingencies as
			 the Commissioner deems necessary.