Read the full stored bill text
- 83rd Session (2025)
Senate Bill No. 317–Senator Daly
CHAPTER..........
AN ACT relating to industrial insurance; revising certain
requirements for an insurer or third -party administrator to
maintain a physical office in this State; revising the
circumstances under which the Administrator of the
Division of Industrial Relations of the Department of
Business and Indust ry may conduct certain inspections;
revising provisions relating to the administration of
certain claims; revising provisions relating to the
calculation of certain premium costs; revising provisions
relating to certain administrators; revising provisions
relating to certain audits; revising provisions relating to
certain subsequent injury account s; authorizing the
Administrator to adopt regulations relating to physician
assistants; requiring the Administrator to adopt a certain
formulary; revising provisions relating to an insurer’s list
of certain physicians and chiropractic physicians;
establishing and revising various requirements for certain
hearings relating to industrial insurance claims; revising
provisions governing an injury or disease that is caus ed
by stress; revising provisions governing motions to stay
certain decisions and petitions for judicial review;
revising requirements for payments for a period of
temporary partial disability; revising the circumstances
under which the Administrator may i mpose certain
administrative fines; repealing provisions governing
certain appeals and certain determinations of a percentage
of disability; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law provides for the payment of compensation under industrial
insurance if, during the course of employment, an employee is injured or killed by a
workplace accident or occupational disease. (Chapters 616A -617 of NRS) Existing
law requires an insurer or its third -party administrator to operate or maintain a
physical office in this State for certain purposes. (NRS 616B.021, 616B.027,
616B.500) Sections 4.1, 4.15 and 4.45 of this bill authorize a legal representative
of the insurer or third-party administrator, as applicable, to operate or maintain such
an office. Section 4.1 also requires the Administrator of the Division of Industrial
Relations of the Department of Business and Industry to give notice before
conducting certain inspections at the physical office of an insurer, third-party
administrator or other legal representative. Section 4.15 also: (1) authorizes certain
information to be provided as an electronic copy or in an electronic format upon
request; and (2) revises certain requirements for availability to communicate with a
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claimant or representative of the claimant if a private carrier or third -party
administrator operates an office in this State.
Existing law authorizes certain persons to administer certain claims from a
location in or outside of this State. (NRS 616B.0275) Section 4.17 of this bill
additionally authorizes certain self -insured private employers and certain entities
associated with the employer to administer certain claims from a location in or
outside of this State if the total aggregate number of employees of the employer and
associated entities is 30,000 or more.
For purposes of calculating the amount of a premium which is due pursuant to
the terms of a policy of industrial insurance, exis ting law provides that the
maximum amount paid to any one employee for services provided during the 12 -
month period during which a policy is effective shall be deemed to be $36,000.
(NRS 616B. 222) Section 4.2 of this bill eliminates the $36,000 amount for an
employer other than the State of Nevada or any agency or political subdivision of
the State and instead deems the maximum amount to be a calculation of the
maximum average monthly wage using data computed by the Employment Security
Division of the Department of Employment, Training and Rehabilitation. Section
4.2 authorizes the State or any agency or political subdivision of the State to elect
to be subject to the calculation used by other employers, in accordance with any
procedures established by the Administrator for the making of such an election.
Existing law requires a third -party administrator for an association of self -
insured employers to obtain a certificate as an administrator from the
Commissioner of Insurance and to file with the Commis sioner a surety bond for
the benefit of any person damaged by any fraudulent act or conduct of the
administrator. (NRS 616B.503, 683A.08524, 683A.0857) Existing law also
requires the third -party administrator to file with the Commissioner an additional
surety bond conditioned upon the faithful performance of its duties relative to a
particular association of self -insured employers. (NRS 616B.353) Section 4.3 of
this bill eliminates the requirement for a third -party administrator to file an
additional surety bond relative to its duties to a particular association. Section 4.4
of this bill makes a conforming change to remove the procedure for terminating
liability on the bond eliminated by section 4.3.
Existing law requires the Commissioner, at least annuall y, to audit each
association of self-insured public or private employers to verify certain information,
including the standard industrial classification of each member of the association .
(NRS 616B.410) Section 4.37 of this bill instead: (1) requires the Commissioner to
require each association, at least annually, to audit the payroll of each member of
the association to verify certain information including the classification or
classifications, rather than the standard industrial classification, of each me mber;
and (2) authorizes the Commissioner to require the submission of a report
summarizing the results of such an audit. Section 4.33 of this bill similarly removes
a reference to the standard industrial classification of a member of an association of
self-insured public or private employers.
Existing law establishes the Subsequent Injury Account for Associations of
Self-Insured Public or Private Employers. (NRS 616B.575) Existing law requires
money in the Account to be used to provide compensation or rei mbursement in
situations where an employee who has a preexisting permanent physical
impairment incurs a subsequent disability by injury arising out of and in the course
of employment which entitles the employee to compensation for the combined
disability that is substantially greater than that which would have resulted from the
subsequent injury alone. ( NRS 616B.563-616B.581) Sections 4.6 and 4.7 of this
bill require an employee to have incurred a subsequent disability by injury on or
before September 30, 2 025, in order for the compensation or reimbursement
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provisions to apply, thus prohibiting any claims against the Account because of a
subsequent disability by injury which is incurred on or after October 1, 2025.
Section 9.3 of this bill authorizes the Ad ministrator to adopt regulations which
authorize a treating physician or chiropractic physician, under certain
circumstances, to delegate certain routine follow -up care of an injured employee to
a physician assistant who is an employee of and under the sup ervision of the
physician or chiropractic physician. Section 9.5 of this bill require s the
Administrator to adopt the Official Disability Guidelines (ODG) Drug Formulary
published by MCG Health, or its successor, that is required to be used by industrial
insurers for any drug which is prescribed and dispensed for outpatient use. Section
9.7 of this bill: (1) prohibits an insurer , with certain exceptions, from providing
reimbursement for a drug that is not listed and approved on the formulary, when
use of t he formulary is required; and (2) authorizes an injured employee to appeal
to a hearings officer any determination denying a request for a drug which has been
recommended as medically necessary. Section 15.5 of this bill makes a conforming
change relating to existing requirements for prescribing generic drugs and
determining if the generic drug would not be beneficial to the health of the injured
employee.
Existing law requires an insurer to keep a list of physicians and chiropractic
physicians from which an injured employee may choose to receive treatment from a
panel established and maintained by the Administrator. Existing law also sets forth
procedures and limitations governing the removal of a physician or chiropractic
physician from an insurer’s list. (NRS 616C.087, 616C.090) Section 14 of this bill:
(1) prohibits an insurer from removing a physician or chiropractic physician from
the insurer’s list except as expressly provided in existing law; (2) requires an
insurer, under certain circumstances, to r eplace any physician or chiropractic
physician who is removed from the list within 60 days ; (3) authorizes certain audits
and revisions of the insurer’s list; and (4) revises certain filing requirements
relating to the insurer’s list.
Existing law provides that an injury or disease sustained by an employee that is
caused by stress is compensable under industrial insurance if it arose out of and in
the course of his or her employment. Existing law sets forth the manner by which
such an i njury must be proven to have arisen out of and in the course of the
employment. Under existing law, with certain exceptions, such an injury is deemed
to arise out of and in the course of employment only if the employee proves certain
elements by clear and convincing medical or psychiatric evidence. (NRS 616C.180)
Section 17 of this bill instead requires proof by clear and convincing medical,
psychological or psychiatric evidence. Section 17 also requires an insurer to
maintain and submit to the Administrator a list of certain providers of mental health
care from which an injured employee may choose.
Section 20 of this bill requires the Chief of the Hearings Division of the
Department of Administration to maintain and make accessible to the public on the
Internet website of the Division, a calendar of all matters which are before hearing
officers and appeals officers.
Sections 23 and 25 of this bill revise provisions governing the circumstances
under which: (1) an appeals officer may grant a motion to stay t he enforcement of
the decision of a hearing officer; and (2) an appeals officer or district court may
grant a motion to stay the enforcement of the decision of an appeals officer.
Sections 24 and 32 of this bill revise certain procedures for the judicial r eview of
the decision of an appeals officer.
If a claim for a period of temporary total disability is allowed, existing law
requires an industrial insurer to make the first payment within 14 working days
after receipt of the initial certification of disab ility, and regularly thereafter. (NRS
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616C.475) Section 27 of this bill requires, for a period of temporary partial
disability, the first payment or a determination regarding payment to be issued
within 14 working days after the insurer receives the claim.
Existing law authorizes hearing officers and appeals officers, under certain
circumstances, to allow discovery by deposition or interrogatories according to the
Nevada Rules of Civil Procedure. (NRS 616D.050, 616D.090) Sections 28 and 29
of this bill pro hibit a hearing officer from allowing such discovery, and revise
provisions governing the circumstances under which an appeals officer may allow
discovery. Section 30 of this bill revises provisions relating to administrative fines
which the Administrator may impose for certain violations.
Existing law sets forth certain procedures for appealing a final determination
concerning accident benefits made by an organization for managed care. (NRS
616C.305) Existing law requires, for a determination of the perce ntage of disability
resulting from occupational disease of the heart or lungs, that the determination be
made jointly by the attending physician and examining physician of a claimant, or,
under certain circumstances, a designated third physician or panel o f physicians.
(NRS 617.459) Section 34 of this bill repeals those procedures and requirements,
and sections 15, 16, 18, 19, 21-23, 26 and 31 of this bill make conforming changes
to remove references to those procedures and requirements from existing law.
Existing law requires the Administrator, at least every 5 years, to audit all insurers
who provide benefits to injured employees, including associations of self -insured
employers. (NRS 616A.270, 616B.003)
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-4. (Deleted by amendment.)
Sec. 4.1. NRS 616B.021 is hereby amended to read as follows:
616B.021 1. An insurer shall make the files of claims
available for inspection and reproduction:
(a) At an office operated by the insurer , [or] its third -party
administrator or a legal representative of the insurer or third-party
administrator located in this State [;] , upon notice from the
Administrator not less than 1 business day before the date of the
inspection; or
(b) By electronic means.
2. The physical records in a file concerning a claim filed in this
State may be kept at a location outside this State if all records in the
file are made available for inspection and reproduction at an office
operated by the insurer , [or] its third-party administrator or a legal
representative of the insurer or third -party administrator that is
located in this State or by computer in a microphotographic,
electronic or other similar fo rmat that produces an accurate
reproduction of the original. If a claim filed in this State is open, the
records in the file must be reproduced and available for inspection
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during regular business hours within 24 hours after requested by the
employee or th e employee’s designated agent, the employer or
the employer’s designated agent, or the Administrator or the
Administrator’s designated agent. If a claim filed in this State is
closed, the records in the file must be reproduced and available for
inspection during regular business hours within 14 days after
requested by such persons.
3. Upon request, the insurer shall make copies or other
reproductions of anything in the file and may charge a reasonable
fee for this service. Copies or other reproductions of materials in the
file which are requested by the Administrator or the Administrator’s
designated agent, or the Nevada Attorney for Injured Workers or his
or her designated agent must be provided free of charge.
4. The Administrator may adopt regulations concerning the:
(a) Maintenance of records in a file on claims that are open or
closed; and
(b) Preservation, examination and use of records which have
been stored on computer or in a microphotographic, electronic or
similar format by an insurer.
5. This section does not require an insurer to allow inspection
or reproduction of material regarding which a legal privilege against
disclosure has been conferred.
Sec. 4.15. NRS 616B.027 is hereby amended to read as
follows:
616B.027 1. Every insurer shall:
(a) Provide an office in this State operated by the insurer , [or]
its third-party administrator or a legal representative of the insurer
or third-party administrator in which:
(1) A complete file, or a reproduction of the complete file, of
each claim is accessible, in accordance with the provisions of
NRS 616B.021;
(2) Persons authorized to act for the insurer and, if necessary,
licensed pursuant to chapter 683A of NRS, may r eceive information
related to a claim and provide the services to an employer and [his
or her] the employees of the employer required by chapters 616A to
617, inclusive, of NRS; and
(3) An employee , a representative of an employee or his or
her employer, upon request, is provided with information related to
a claim filed by the employee or a copy or other reproduction of the
information from the file for that claim, in accordance with the
provisions of NRS 616B.021. Any information which is provided
pursuant to this subparagraph may be provided as an electronic
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copy or in an electronic format that produces an accurate
reproduction of the original.
(b) Provide statewide toll -free telephone service to the office
maintained pursuant to paragraph (a).
2. Each private carrier shall provide:
(a) Adequate services to its insured employers in controlling
losses; and
(b) Adequate information on the prevention of industrial
accidents and occupational diseases.
3. [An] Except as otherwise provided in subsectio n 4, an
employee of a private carrier who is licensed as a company adjuster
pursuant to chapter 684A of NRS or a person who acts as a third -
party administrator pursuant to chapters 616A to 616D, inclusive, or
chapter 617 of NRS for a private carrier who ad ministers a claim
arising under chapters 616A to 616D, inclusive, or chapter 617 of
NRS from a location outside of this State pursuant to subsection 1 of
NRS 616B.0275 shall [make himself or herself ] be available to
communicate live and in real time with t he claimant or a
representative of the claimant Monday through Friday, 9 a.m. to 5
p.m. local time in this State, excluding any day declared to be a
legal holiday pursuant to NRS 236.015.
4. The provisions of subsection 3 do not apply to an employee
of a private carrier described in subsection 3 or a person who acts
as a third -party administrator for a private carrier described in
subsection 3 if the private carrier or third -party administrator, as
applicable, operates an office in this State.
Sec. 4.17. NRS 616B.0275 is hereby amended to read as
follows:
616B.0275 1. An employee of a private carrier who is
licensed as a company adjuster pursuant to chapter 684A of NRS or
a person who acts as a third-party administrator pursuant to chapters
616A to 616D, inclusive, or chapter 617 of NRS for a private carrier
may administer claims arising under chapters 616A to 616D,
inclusive, or chapter 617 of NRS from a location in or outside of
this State. All records concerning a claim administered pursuant
to this subsection must be maintained at one or more offices located
in this State or by computer in a microphotographic, electronic or
other similar format that produces an accurate reproduction of the
original.
2. [An] Except as otherwise provided in subs ection 3, an
employee of a private carrier who is not licensed as a company
adjuster pursuant to chapter 684A of NRS or a person who acts as a
third-party administrator pursuant to chapters 616A to 616D,
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inclusive, or chapter 617 of NRS for a self -insured employer or an
association of self -insured public or private employers may
administer claims arising under chapters 616A to 616D, inclusive,
or chapter 617 of NRS only from one or more offices located in this
State. [All records concerning a claim administ ered pursuant to this
subsection must be maintained in those offices.]
3. A self-insured private employer or its parent, a subsidiary
of its parent or an affiliate of the self -insured private employer
may administer claims arising under chapters 616A to 616D,
inclusive, or chapter 617 of NRS from a location in or outside of
this State if the total aggregate number of employees of the self -
insured private employer, its parent, any subsidiary of its parent
and any affiliate of the employer employed in this State is 30,000
or more, as reported to the Department of Employment, Training
and Rehabilitation for the most recent calendar quarter.
4. The Commissioner may:
(a) Under exceptional circumstances, waive the requirements of
subsections 1 , 2 and [2;] 3; and
(b) Adopt regulations to carry out the provisions of this section.
5. As used in this section , “affiliate” has the meaning
ascribed to it in NRS 78.412.
Sec. 4.2. NRS 616B.222 is hereby amended to read as follows:
616B.222 1. To determine the total amount paid to
employees for services performed, the maximum amount paid to
any one employee during a policy year shall be deemed to be :
(a) Except as otherwise provided in subsection 2, for an
employee who is employed by the State of Nevada or any agency or
political subdivision of the State, $36,000.
(b) For an employee other than an employee described in
paragraph (a), an amount equal to 12 times the maximum average
monthly wage. On or before January 1 of each year, the
Administrator shall establish the amount of the maximum average
monthly wage to take effect on January 1 of that year.
2. The State of Nevada or any agency or political subdivision
of the State may elect to be subject to the provisions of paragraph
(b) of subsection 1 in accordance with any procedures that may be
established by the Administrator for the making of such an
election.
3. As used in this section, “maximum average monthly wage”
means 150 percent of the state average weekly wage as most
recently computed by the E mployment Security Division of the
Department of Employment, Training and Rehabilitation,
multiplied by 4.33.
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Sec. 4.3. NRS 616B.353 is hereby amended to read as follows:
616B.353 1. An association of self -insured public or private
employers shall:
(a) Execute an indemnity agreement jointly and severally
binding the association and each member of the association to
secure the payment of all compensation due pursuant to chapters
616A to 617, inclusive, of NRS. The indemnity agreement must be
in a form prescribed by the Commissioner. An association may add
provisions to the indemnity agreement if they are first approved by
the Commissioner.
(b) Except as otherwise provided in this subsection, maintain a
policy of specific and aggregate excess insurance in a form and
amount required by the Commissioner. The excess insurance must
be written by an insurer approved by the Commissioner. To
determine the amount of excess insurance required, the
Commissioner shall consider:
(1) The number of members in the association;
(2) If the association is an association of self -insured public
employers, the types of governmental services provided by the
members of the association;
(3) If the association is an association of self -insured private
employers, the classifications of employment of the members of the
association;
(4) The number of years the association has been in
existence; and
(5) Such other information as the Commissioner deems
necessary.
Nothing in this paragraph prohibits an association from
purchasing secondary excess insurance in addition to the excess
insurance required by this paragraph.
(c) Collect an annual assessment from each member of the
association in an aggregate amount of at least $250,000 or in an
aggregate amount which the Commissi oner determines is
satisfactory based on an annual review conducted by the
Commissioner of the actuarial solvency of the association.
(d) Except as otherwise provided in paragraph (e), deposit as
security with the Commissioner a bond executed by the assoc iation
as principal, and by a licensed surety, payable to the State of
Nevada, and conditioned upon the payment of compensation for
injuries and occupational diseases to their employees. The bond
must be in an amount determined by the Commissioner to be
reasonably sufficient to ensure payment of such compensation, but
in no event may it be less than $100,000.
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(e) In lieu of a bond, deposit with the Commissioner a like
amount of lawful money of the United States or any other form of
security authorized by N RS 100.065. If security is provided in the
form of a savings certificate, certificate of deposit or investment
certificate, the certificate must state that the amount is unavailable
for withdrawal except upon order of the Commissioner.
2. Except as otherwise provided in subsection 3, in addition to
complying with the requirements of subsection 1, an association of
self-insured private employers shall:
(a) At the time of initial qualification and until the association
has operated successfully as a qualif ied association of self -insured
private employers for 3 years, as determined by the Commissioner,
have a combined tangible net worth of all members in the
association of at least $2,500,000 , as evidenced by a statement of
tangible net worth provided to the Division of Insurance of the
Department of Business and Industry by an independent certified
public accountant; or
(b) After 3 years of successful operation as a qualified
association of self -insured private employers, as determined by the
Commissioner, have combined net cash flows from operating
activities plus net cash flows from financing activities of all
members in the association of five times the average of claims paid
for each of the last 3 years or $7,500,000, whichever is less.
3. In lieu of c omplying with the requirements of subsection 2,
the association’s administrator shall ensure that a solvency bond, in
a form prescribed by the Commissioner and in an aggregate amount
of at least $2,500,000, is deposited with the Commissioner by the
association or members of the association on behalf of the
association.
4. The association’s administrator shall deposit with the
Commissioner a bond executed by the association’s administrator as
principal, and by a licensed surety, payable to the State of Nevada,
and conditioned upon the faithful performance of his or her duties.
The bond must be in an amount determined by the Commissioner.
5. [Any third-party administrator providing claims services for
the association shall deposit with the Commissioner a bond executed
by the third -party administrator as principal, and by a licensed
surety, payable to the State of Nevada, and conditioned upon the
faithful performance of its duties. The bond must be in an amount
determined by the Commissioner.
6.] The Commissioner may increase or decrease the amount of
any bond or money required to be deposited by this section in
accordance with chapter 681B of NRS and the Commissioner’s
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regulations for loss reserves in casualty insurance. If the
Commissioner requires an association [,] or association’s
administrator [or third -party administrator ] to increase its deposit,
the Commissioner may specify the form of the additional security.
The association [,] or association’s administrator [or third -party
administrator] shall comply with such a requirement within 60 days
after receiving notice from the Commissioner.
[7.] 6. The Account for Associations of Self-Insured Public and
Private Employers is hereby created in the State Agency Fund for
Bonds. All money received by the Commissioner pursuant to this
section must be deposited with the State Treasurer to the credit of
the Account. All claims against this Account must be paid as other
claims against the State are paid.
7. Nothing in the provisions of this section affects the
obligation of a third -party administrator to comply with the
requirements of NRS 683A.0857.
Sec. 4.33. NRS 616B.407 is hereby amended to read as
follows:
616B.407 1. Except as otherwise provided in subsection 2,
the annual assessment required to b e paid by each member of an
association of self-insured public or private employers must be:
(a) Calculated by a rate service organization that is licensed
pursuant to chapter 686B of NRS; and
(b) Based on the premium rate for the [standard industrial ]
classification of that member, adjusted by the member’s individual
experience.
If approved by the Commissioner, payments of assessments may
be reduced by an amount based on the association’s level of
expenses and loss experience.
2. If approved by the Commissioner, an association may
calculate the annual assessment required to be paid by each member
of the association. An assessment calculated by the association must
be based on at least 5 years of the member’s individual experience.
Sec. 4.37. NRS 6 16B.410 is hereby amended to read as
follows:
616B.410 1. The Commissioner shall [cause to be conducted
at least annually an audit of] require each association of self-insured
public or private employers to audit the payroll of each member of
the association not less than annually in order to verify:
(a) The [standard industrial] classification or classifications of
each member of the association;
(b) [The individual experience of each member of the
association;
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(c)] The payroll of each member of the association; and
[(d)] (c) The assessment required to be paid by each member of
the association.
2. [The audit required by this section must be conducted by an
auditor approved by the Commissioner.
3. A] The Commissioner may require the association to
submit a report which summarizes the results of the audit [must be
filed with the Commissioner ] in a form required by the
Commissioner.
[4. The association or any member of the association may
request a hearing before the Commissioner to object to any standard
industrial classification assigned to a member of the association as a
result of the audit. If the Commissioner determines that the
assessment required to be paid by any member of the association is:
(a) Insufficient because of the standard industrial classification
assigned to the member, the Commissioner shall order the
association to collect from that member any amount required to
recover the deficiency.
(b) Excessive because of the standard ind ustrial classification
assigned to the member, the Commissioner shall order the
association to pay to the member the excess amount collected.
5.] 3. The expenses of any audit conducted pursuant to this
section must be paid by the association.
Sec. 4.4. NRS 616B.440 is hereby amended to read as follows:
616B.440 1. For the purposes of NRS 616B.350 to
616B.446, inclusive, an association of self -insured public or private
employers is insolvent if it is unable to pay its outstanding
obligations as they mature in the regular course of its business.
2. If an association of self -insured public or private employers
becomes insolvent, institutes any voluntary proceeding pursuant to
the Bankruptcy Act or is named in any voluntary proceeding
thereunder, makes a general or special assignment for the benefit of
creditors or fails to pay compensation pursuant to chapters 616A to
616D, inclusive, or chapter 617 of NRS after an order for the
payment of any claim becomes final, the Commissioner may, after
giving at l east 10 days’ notice to the association and any insurer or
guarantor, use money or interest on securities, sell securities or
institute legal proceedings on surety bonds deposited with the
Commissioner pursuant to NRS 679B.175 to the extent necessary to
make those payments.
3. A licensed surety providing a surety bond pursuant to NRS
616B.353 may terminate liability on its surety bond by giving the
Commissioner and the association [,] or association’s administrator
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[or third -party administrator ] 90 days’ written notice. The
termination does not limit liability that was incurred under the
surety bond before the termination.
Sec. 4.45. NRS 616B.500 is hereby amended to read as
follows:
616B.500 1. An insurer may enter into a contract to have his
or her plan of insurance administered by a third-party administrator.
2. An insurer shall not enter into a contract with any person for
the administration of any part of the plan of insurance unless that
person [maintains an office in this State and ] has a certificate issued
by the Commissioner pursuant to NRS 683A.08524 [.] and the
person, or a legal representative of the person, maintains an office
in this State.
Sec. 4.5. NRS 616B.575 is hereby amended to read as follows:
616B.575 1. There is hereby crea ted in the Fund for
Workers’ Compensation and Safety in the State Treasury the
Subsequent Injury Account for Associations of Self -Insured Public
or Private Employers, which may be used only to make payments in
accordance with the provisions of NRS 616B.578 and 616B.581.
The Board shall administer the Account based upon
recommendations made by the Administrator pursuant to
subsection 8.
2. All assessments, penalties, bonds, securities and all other
properties received, collected or acquired by the Board for the
Subsequent Injury Account for Associations of Self -Insured Public
or Private Employers must be delivered to the custody of the State
Treasurer.
3. All money and securities in the Account must be held by the
State Treasurer as custodian thereof to be used solely for workers’
compensation for employees of members of Associations of Self -
Insured Public or Private Employers.
4. The State Treasurer [may] shall disburse money from the
Account [only upon] within 14 days after receiving a written order
of the Board.
5. The State Treasurer shall invest money of the Account in the
same manner and in the same securities in which the State Treasurer
is authorized to invest State General Funds which are in the custody
of the State Treasurer. Income realized from the investment of the
assets of the Account must be credited to the Account.
6. The Board shall adopt regulations for the establishment and
administration of assessment rates, payments and penalties.
Assessment rates must result in an equitable dis tribution of costs
among the associations of self -insured public or private employers
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and must be based upon expected annual expenditures for claims for
payments from the Subsequent Injury Account for Associations of
Self-Insured Public or Private Employers.
7. The Commissioner shall assign an actuary to review the
establishment of assessment rates. The rates must be filed with the
Commissioner 30 days before their effective date. Any association
of self-insured public or private employers that wishes to appeal the
rate so filed must do so pursuant to NRS 679B.310.
8. The Administrator shall:
(a) Evaluate any claim submitted to the Board for payment or
reimbursement from the Subsequent Injury Account for
Associations of Self -Insured Public or Private Em ployers and , not
later than 30 days after receiving the claim, recommend to the
Board any appropriate action to be taken concerning the claim; and
(b) Submit to the Board any other recommendations relating to
the Account.
Sec. 4.6. NRS 616B.578 is hereby amended to read as follows:
616B.578 Except as otherwise provided in NRS 616B.581:
1. If an employee of a member of an association of self-insured
public or private employers has a permanent physical impairment
from any cause or origin and incur s , on or before September 30,
2025, a subsequent disability by injury arising out of and in the
course of his or her employment which entitles the employee to
compensation for disability that is substantially greater by reason of
the combined effects of t he preexisting impairment and the
subsequent injury than that which would have resulted from the
subsequent injury alone, the compensation due must be charged to
the Subsequent Injury Account for Associations of Self -Insured
Public or Private Employers in accordance with regulations adopted
by the Board.
2. If the subsequent injury of such an employee incurred on or
before September 30, 2025, results in his or her death and it is
determined that the death would not have occurred except for the
preexisting permanent physical impairment, the compensation due
must be charged to the Subsequent Injury Account for Associations
of Self -Insured Public or Private Employers in accordance with
regulations adopted by the Board.
3. As used in this section, “permanent physical impairment”
means any permanent condition, whether congenital or caused by
injury or disease, of such seriousness as to constitute a hindrance or
obstacle to obtaining employment or to obtaining reemployment if
the employee is unemployed. For the purposes of this section, a
condition is not a “permanent physical impairment” unless it would
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support a rating of permanent impairment of 6 percent or more of
the whole person if evaluated according to the American Medical
Association’s Guides to the Evaluation of Permanent Impairment as
adopted and supplemented by the Division pursuant to
NRS 616C.110.
4. To qualify under this section for reimbursement from the
Subsequent Injury Account for Associations of Self -Insured Public
or Private Employers, the association of self -insured public or
private employers must establish by written records that the
employer had knowledge of the “permanent physical impairment” at
the time the employee was hired or that the employee was retained
in employment after the employer acquired such knowledge.
5. An association of self -insured public or private employers
must submit to the Board a claim for reimbursement from the
Subsequent Injury Account for Associations of Self -Insured Public
or Private Employers.
6. The Bo ard shall adopt regulations establishing procedures
for submitting claims against the Subsequent Injury Account for
Associations of Self -Insured Public or Private Employers. The
Board shall notify the Association of Self -Insured Public or Private
Employers of its decision on such a claim within 120 days after the
claim is received.
7. An appeal of any decision made concerning a claim against
the Subsequent Injury Account for Associations of Self -Insured
Public or Private Employers must be submitted direct ly to the
district court.
Sec. 4.7. NRS 616B.581 is hereby amended to read as follows:
616B.581 1. An association of self -insured public or private
employers that pays compensation due to an employee who has a
permanent physical impairment from any cause or origin and incurs
, on or before September 30, 2025, a subsequent disability by injury
arising ou t of and in the course of his or her employment which
entitles the employee to compensation for disability that is
substantially greater by reason of the combined effects of the
preexisting impairment and the subsequent injury than that which
would have re sulted from the subsequent injury alone is entitled to
be reimbursed from the Subsequent Injury Account for Associations
of Self-Insured Public or Private Employers if:
(a) The employee knowingly made a false representation as to
his or her physical condi tion at the time the employee was hired by
the member of the Association of Self -Insured Public or Private
Employers;
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(b) The employer relied upon the false representation and this
reliance formed a substantial basis of the employment; and
(c) A causal connection existed between the false representation
and the subsequent disability.
If the subsequent injury of the employee incurred on or before
September 30, 2025, results in his or her death and it is determined
that the death would not have occurred e xcept for the preexisting
permanent physical impairment, any compensation paid is entitled
to be reimbursed from the Subsequent Injury Account for
Associations of Self-Insured Public or Private Employers.
2. An association of self -insured public or priva te employers
shall notify the Board of any possible claim against the Subsequent
Injury Account for Associations of Self -Insured Public or Private
Employers pursuant to this section no later than 60 days after the
date of the subsequent injury or the date the employer learns of the
employee’s false representation, whichever is later.
Sec. 5. Chapter 616C of NRS is hereby amended by adding
thereto the provisions set forth as sections 6 to 9.7, inclusive, of this
act.
Secs. 6-9. (Deleted by amendment.)
Sec. 9.3. The Administrator may adopt regulations which
authorize a treating physician or chiropractic physician to
delegate certain routine follow-up care of an injured employee, as
determined by the Administrator, to a physician assistant who is
an empl oyee of and under the supervision of the physician or
chiropractic physician. The regulations must:
1. Require informed consent from the injured employee
before the delegation and provision of any such follow -up care;
and
2. Be consistent with accepted standards of practice for a
physician assistant in accordance with chapters 630 and 633 of
NRS and the regulations adopted pursuant thereto.
Sec. 9.5. 1. The Administrator shall adopt the Official
Disability Guidelines (ODG) Drug Formulary published by MCG
Health, or its successor, as the formulary to be used by insurers in
connection with claims made pursuant to chapters 616A to 616D,
inclusive, of NRS.
2. An insurer shall use the formulary adopted pursuant to
subsection 1 for any drug that is prescribed or dispensed to an
injured employee for outpatient services in connection with a
claim made pursuant to chapters 616A to 617, inclusive, of NRS.
An insurer is not required to use th e formulary for prescription
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drugs that are prescribed or dispensed for emergency medical
services or inpatient services.
3. As soon as practicable after the Administrator adopts the
formulary pursuant to subsection 1, the Administrator must make
available and update as necessary, on an Internet website
maintained by the Administrator and accessible to the public,
current information relating to the formulary adopted pursuant to
subsection 1.
Sec. 9.7. 1. Except as otherwise provided in this section, i f
an insurer, pursuant to subsection 2 of section 9.5 of this act, is
required to use the formulary adopted pursuant to that section, the
insurer shall not provide reimbursement for any drug if the drug
is listed but not approved, or omitted from, the formulary.
2. An insurer described in subsection 1 may provide
reimbursement for a drug that is listed but not approved, or
omitted from, the formulary if the insurer has elected to approve
the drug in accordance with procedures established by the insurer
and in compliance with any applicable requirements that may be
established by the Administrator.
3. If a physician or chiropractic physician believes the drug is
medically necessary for an injured employee, the physician or
chiropractic physician may submit a request to an insurer
described in subsection 1 for authorization to prescribe to the
injured employee a drug which is listed but not approved, or
omitted from, the formulary adopted pursuant to section 9.5 of this
act and which has not been approved by the insurer pursuant to
subsection 2. If the insurer approves the request, the insurer may
provide reimbursement for the drug.
4. If the insurer denies the request of a physician or
chiropractic physician pursuant to subsection 3, the injured
employee or his or her representative may appeal the
determination of the insurer to a hearings officer in the manner
provided by NRS 616C.315.
Secs. 10-13. (Deleted by amendment.)
Sec. 14. NRS 616C.087 is hereby amended to read as follows:
616C.087 1. The Legislature hereby declares that:
(a) The choice of a treating physician or chiropractic physician
is a substantive right and substantive benefit of an injured employee
who has a claim under the Nevada Industrial Insurance Act or the
Nevada Occupational Diseases Act.
(b) The injured employees of this State have a substantive right
to an adequate choice of physicians and chiropractic physicians to
treat their industrial injuries and occupational diseases.
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2. Except as otherwise provided in this subsection and
subsections 3 and 4:
(a) The panel maintained by the Administrator pursuant to NRS
616C.090 must not include a physician or chiropractic physician in a
discipline or specialization if the physician or chiropractic physician
does not accept and treat injured employees for industrial injuries or
occupational diseases in that discipline or specialization; and
(b) An insurer’s lis t of physicians and chiropractic physician s
from which an injured employee may choose pursuant to NRS
616C.090 must include not less than 12 physicians or chiropractic
physicians, as applicable, in each of the following disciplines and
specializations, without limitation, from the panel of physicians and
chiropractic physicians maintained by the Administrator pursuant to
NRS 616C.090:
(1) Orthopedic surgery on spines;
(2) Orthopedic surgery on shoulders;
(3) Orthopedic surgery on elbows;
(4) Orthopedic surgery on wrists;
(5) Orthopedic surgery on hands;
(6) Orthopedic surgery on hips;
(7) Orthopedic surgery on knees;
(8) Orthopedic surgery on ankles;
(9) Orthopedic surgery on feet;
(10) Neurosurgery;
(11) [Neurology;
(12)] Cardiology;
[(13)] (12) Pulmonology;
[(14) Psychiatry;
(15)] (13) Pain management;
[(16)] (14) Occupational medicine;
[(17)] (15) Physiatry or physical medicine;
[(18) General practice or family medicine;] and
[(19)] (16) Chiropractic medicine.
If the panel of physicians and chiropractic physicians maintained
by the Administrator pursuant to NRS 616C.090 contains fewer than
12 physicians or chiropractic physician s, as applicable, for a
discipline or specialization specifically identified in this subsection,
all of the physicians or chiropractic physicians, as applicable, on the
panel for that discipline or specialization must be included on the
insurer’s list. The insurer shall ensure that any physician or
chiropractic physician on the insurer’s list accepts and treat s
patients in the discipline or specialization for which the physician
or chiropractic physician is listed.
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3. For any other discipline or specialization not specifically
identified in subsection 2, the insurer’s list must include not fewer
than 8 physicians or chiropractic physician s, as applicable, unless
the panel of physicians and chiropractic physicians mainta ined by
the Administrator pursuant to NRS 616C.090 contains fewer than 8
physicians or chiropractic physician s, as applicable, for that
discipline or specialization, in which case all of the physicians or
chiropractic physician s, as applicable, on the pane l for that
discipline or specialization must be included on the insurer’s list.
The insurer shall ensure that any physician or chiropractic
physician on the insurer’s list accept s and treat s patients in the
discipline or specialization for which the physician or chiropractic
physician is listed.
4. For each county whose population is 100,000 or more, an
insurer’s list of physicians and chiropractic physicians must include
for that county a number of physicians and chiropractic physicians,
as applicable, that is not less than the number required pursuant to
subsections 2 and 3 and that also maintain in that county:
(a) An active practice; and
(b) A physical office.
5. If an insurer fails to maintain a list of physicians and
chiropractic physician s that complies with the requirements of
subsections 2, 3 and 4, including the requirement that each
physician or chiropractic physician on the list accepts and treats
patients in the discipline or specialization for which the physician
or chiropractic physician is listed, an injured employee may choose
a physician or chiropractic physician from the panel of physicians
and chiropractic physician s maintained by the Administrator
pursuant to NRS 616C.090. If a physician or chiropractic
physician is removed from an i nsurer’s list pursuant to subsection
9 or 10, within 60 days after the date of removal the insurer shall
replace the physician or chiropractic physician on the list as may
be required to maintain compliance with the requirements of
subsections 2, 3 and 4. If the insurer fails to do so, an injured
employee may choose a physician or chiropractic physician from
the panel maintained by the Administrator pursuant to
NRS 616C.090.
6. [Each] Except as otherwise provided in this subsection,
each insurer shall, [not later than October 1 ] on or after
September 1 and on or before October 1 of each year, update the
list of physicians and chiropractic physicians and file the list with
the Administrator [.] in accordance with the provisions of
subsection 12. The list must be certified by an adjuster who is
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licensed pursuant to chapter 684A of NRS. An insurer may update
the list at additional times during the year for the purpose of
adding a physician or chiropractic physician. An insurer shall not
at any time remove an y physician or chiropractic physician from
the insurer’s list except as expressly permitted by subsection 9 or
10. A third-party administrator may file a single list on behalf of
more than one insurer for which the administrator provides
services, if the list expressly indicates each insurer to which the list
applies. Nothing in this section shall be construed to prohibit an
insurer from updating at any time the contact information for or
other basic information which is directly related to a physician or
chiropractic physician on the insurer’s list.
7. Upon receipt of a list of physicians and chiropractic
physicians that is filed pursuant to subsection 6 [,] or a list of
providers of mental health care that is submitted pursuant to NRS
616C.180, the Administrator shall:
(a) Stamp the list as having been filed; and
(b) Indicate on the list the date on which it was filed.
8. The Administrator shall:
(a) Provide a copy of an insurer’s list of physicians and
chiropractic physician s , and providers of mental health care
pursuant to NRS 616C.180, to any member of the public who
requests a copy; or
(b) Post [a] an exact copy , in an unaltered condition of each
insurer’s list of physicians and chiropractic physician s , and
providers of mental health care pursuant to NRS 616C.180, on an
Internet website maintained by the Administrator and accessible to
the public for viewing, printing or downloading.
9. At any time, a physician or chiropractic physician may
request in writing that he or she be removed from an insurer’s list of
physicians and chiropractic physician s. The insurer must comply
with the request and omit the physician or chiropractic physician
from the next list which the insurer files with the Administrator. If a
physician or chiropractic phys ician chooses to cancel a contract
between the physician or chiropractic physician and the insurer,
employer or third -party administrator, the insurer may omit the
physician or chiropractic physician from the next list which the
insurer files with the Administrator.
10. A physician or chiropractic physician may not be
involuntarily removed from an insurer’s list of physicians and
chiropractic physicians except [for] :
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(a) For good cause. As used in this [subsection,] paragraph,
“good cause” means that one or more of the following
circumstances apply:
[(a)] (1) The physician or chiropractic physician has died or is
disabled.
[(b)] (2) The license of the physician or chiropractic physician
has been revoked or suspended.
[(c)] (3) The physician or chiropractic physician has been
convicted of:
[(1)] (I) A felony; or
[(2)] (II) A crime for a violation of a provision of chapter
616D of NRS.
[(d)] (4) The physician or chiropractic physician has been
removed from the panel of phy sicians and chiropractic physicians
maintained by the Administrator pursuant to NRS 616C.090 by the
Administrator upon a finding that the physician or chiropractic
physician:
[(1)] (I) Has failed to comply with the standards for
treatment of industrial i njuries or occupational diseases as
established by the Administrator; or
[(2)] (II) Does not accept and treat injured employees under
chapters 616A to 616D, inclusive, or chapter 617 of NRS.
(b) Beginning on September 1, 2026, and every 3 calendar
years thereafter, the insurer may audit the insurer’s list, including,
without limitation, for compliance with subsections 2, 3 and 4, and
may remove any physician or chiropractic physician of the
insurer’s choosing from the list which the insurer is required t o
file not later than October 1 of that year pursuant to subsection 6.
11. Unless a physician or chiropractic physician, as applicable,
is removed from an insurer’s list of physicians and chiropractic
physicians pursuant to subsection 10, an injured empl oyee may
continue to receive treatment from that physician or chiropractic
physician even if:
(a) The employer of the injured employee changes insurers or
administrators.
(b) The physician or chiropractic physician is no longer included
in the applicable insurer’s list of physicians and chiropractic
physicians, provided that the physician or chiropractic physician
agrees to continue to accept compensation for that treatment at the
rates which:
(1) Were previously agreed upon when the physician or
chiropractic physician was most recently included in the list; or
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(2) Are newly negotiated but do not exceed the amounts
provided under the fee schedule adopted by the Administrator.
12. The Administrator shall adopt regulations prescribing [the
form] a uniform format in which a list of physicians and
chiropractic physicians created by an employer, insurer or third -
party administrator pursuant to this section must be maintained [.] ,
which must be uniform ly applicable to any person who creates
such a list. The Administrator shall require that any such list be in a
format which is easily searchable, including, without limitation, an
indexed database, a portable document format, a spreadsheet with
data that may be filtered, a comma-separated values file or any other
comparable format. The Administrator shall not require
submission of such a list through any specific proprietary software
platform or particular electronic system. Submission of a list to the
Administrator in the format determined by the Administrator shall
be deemed to satisfy the requirements of subsection 6 to file such a
list. Nothing in this subsection:
(a) Imposes any duty on the Administrator in receiving such a
list other than those administrative duties described in subsection s
7 and 8.
(b) Prohibits the Administrator from uploading any
information contained in such a list received by the Administrator
to a specific proprietary software platform or particular electronic
system.
Sec. 15. NRS 616C.110 is hereby amended to read as follows:
616C.110 1. For the purposes of NRS 616B.557, 616B.578,
616B.587 [,] and 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;
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(b) Must not incorporate any contra dictory 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.
Sec. 15.5. NRS 616C.115 is hereby amended to read as
follows:
616C.115 1. Except as otherwise provided in subsection 2 [,]
and sections 9.5 and 9.7 of th is act, 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] Except as otherwise provided in sections 9.5 and 9.7 of
this act, 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.
Sec. 16. NRS 616C.137 is hereby amended to read as follows:
616C.137 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 amou nt requested as payment in the
statement, that the reason for denying payment is that the services
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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.
Sec. 17. NRS 616C.180 is hereby amended to read as follows:
616C.180 1. Except as otherwise provided in this section, an
injury or disease sustained by an employee that is caused by stress is
compensable pursuant to the provisions of chapters 616A to 616D,
inclusive, or chapter 617 of NRS if it arose out of and in the course
of his or her employment.
2. Except as otherwise provided in subsection 4, any ailment or
disorder caused by any gradual mental stimulus, and any death
or disability ensuing therefrom, shall be deemed not to be an injury
or disease arising out of and in the course of employment.
3. Except as otherwise provided by subs ections 4 and 5, an
injury or disease caused by stress shall be deemed to arise out of and
in the course of employment only if the employee proves by clear
and convincing medical , psychological or psychiatric evidence that:
(a) The employee has a mental injury caused by extreme stress
in time of danger;
(b) The primary cause of the injury was an event that arose out
of and during the course of his or her employment; and
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(c) The stress was not caused by his or her layoff, the
termination of his or her em ployment or any disciplinary action
taken against him or her.
4. An injury or disease caused by stress shall be deemed to
arise out of and in the course of employment if the employee is a
first responder and proves by clear and convincing medical ,
psychological or psychiatric evidence that:
(a) The employee has a mental injury caused by extreme stress
due to the employee directly witnessing:
(1) The death, or the aftermath of the death, of a person as a
result of a violent event, including, without li mitation, a homicide,
suicide or mass casualty incident; or
(2) An injury, or the aftermath of an injury, that involves
grievous bodily harm of a nature that shocks the conscience; and
(b) The primary cause of the mental injury was the employee
witnessing an event or a series of events described in paragraph (a)
during the course of his or her employment.
5. An injury or disease caused by stress shall be deemed to
arise out of and in the course of employment, and shall not be
deemed the result of gradu al mental stimulus, if the employee is
employed by the State or any of its agencies or political subdivisions
and proves by clear and convincing medical , psychological or
psychiatric evidence that:
(a) The employee has a mental injury caused by extreme stress
due to the employee responding to a mass casualty incident; and
(b) The primary cause of the injury was the employee
responding to the mass casualty incident during the course of his or
her employment.
6. An agency which employs a first responder , including,
without limitation, a first responder who serves as a volunteer, shall
provide educational training to the first responder related to the
awareness, prevention, mitigation and treatment of mental health
issues.
7. The provisions of this sect ion do not apply to a person who
is claiming compensation pursuant to NRS 617.457.
8. For the purposes of any claim arising out of this section:
(a) An insurer shall maintain a list of providers of mental
health care who have agreed to accept and treat injured employees
pursuant to this section, from which an injured employee has the
right to choose a mental health care provider of his or her choice.
(b) For each county whose population is 100,000 or more, the
list maintained pursuant to paragraph (a) m ust include not less
than 12 providers of mental health care.
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(c) Each insurer shall, on or after September 1 and on or
before October 1 of each year, update the list maintained pursuant
to paragraph (a) and submit the list to the Administrator.
(d) If the list maintained pursuant to paragraph (a) contains a
provider of mental health care that does not accept and treat
patients pursuant to this section, an injured employee may choose
any provider of mental health care who agrees to accept the
schedule of fees and charges established pursuant to
NRS 616C.260.
[8.] 9. As used in this section:
(a) “Directly witness” means to see or hear for oneself.
(b) “First responder” means:
(1) A salaried or volunteer firefighter;
(2) A police officer;
(3) An emergency dispatcher or call taker who is employed
by a law enforcement or public safety agency in this State; or
(4) An emergency medical technician or paramedic who is
employed by a public safety agency in this State.
(c) “Mass casualty incident” means an event that, for the
purposes of emergency response or operations, is designated as a
mass casualty incident by one or more governmental agencies that
are responsible for public safety or for emergency response.
(d) “Provider of mental health care” means a psychiatrist, a
licensed psychologist, a licensed clinical professional counselor or
a licensed marriage and family therapist.
Sec. 18. NRS 616C.220 is hereby amended to read as follows:
616C.220 1. The Division shall designate one:
(a) Third-party administrator who has a valid certificate issued
by the Commissioner pursuant to NRS 683A.085; or
(b) Insurer, other than a self -insured employer or association of
self-insured public or private employers,
to administer claims against the Uninsu red Employers’ Claim
Account. The designation must be made pursuant to reasonable
competitive bidding procedures established by the Administrator.
2. Except as otherwise provided in this subsection, an
employee may receive compensation from the Uninsured
Employers’ Claim Account if:
(a) The employee was hired in this State or is regularly
employed in this State;
(b) The employee suffers an accident or injury which arises out
of and in the course of his or her employment:
(1) In this State; or
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(2) While on temporary assignment outside the State for not
more than 12 months;
(c) The employee files a claim for compensation with the
Division; and
(d) The employee makes an irrevocable assignment to the
Division of a right to be subrogated to the rights o f the injured
employee pursuant to NRS 616C.215.
An employee who suffers an accident or injury while on
temporary assignment outside the State is not eligible to receive
compensation from the Uninsured Employers’ Claim Account
unless the employee has bee n denied workers’ compensation in the
state in which the accident or injury occurred.
3. If the Division receives a claim pursuant to subsection 2, the
Division shall immediately notify the employer of the claim.
4. For the purposes of this section and NRS 616C.223, the
employer has the burden of proving that the employer provided
mandatory industrial insurance coverage for the employee or that
the employer was not required to maintain industrial insurance for
the employee.
5. Any employer who has fai led to provide mandatory
coverage required by the provisions of chapters 616A to 616D,
inclusive, of NRS is liable for all payments made on behalf of the
employer, including any benefits, administrative costs or attorney’s
fees paid from the Uninsured Empl oyers’ Claim Account or
incurred by the Division.
6. The Division:
(a) May recover from the employer the payments made by the
Division that are described in subsection 5 and any accrued interest
by bringing a civil action or filing an application for th e entry of
summary judgment pursuant to NRS 616C.223 in a court of
competent jurisdiction. For the purposes of this paragraph, the
payments made by the Division that are described in subsection 5
are presumed to be:
(1) Justified by the circumstances of the claim;
(2) Made in accordance with applicable law; and
(3) Reasonable and necessary.
(b) In any civil action or application for the entry of summary
judgment filed pursuant to NRS 616C.223 against the employer, is
not required to prove that neglig ent conduct by the employer was
the cause of the employee’s injury.
(c) May enter into a contract with any person to assist in the
collection of any liability of an uninsured employer.
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(d) In lieu of a civil action or filing an application for the entry
of summary judgment pursuant to NRS 616C.223, may enter into an
agreement or settlement regarding the collection of any liability of
an uninsured employer.
7. The Division shall:
(a) Determine whether the employer was insured within 30 days
after receiving notice of the claim from the employee.
(b) Assign the claim to the third -party administrator or insurer
designated pursuant to subsection 1 for administration and payment
of compensation.
Upon determining whether the claim is accepted or denied, the
designated third -party administrator or insurer shall notify the
injured employee, the named employer and the Division of its
determination.
8. Upon demonstration of the:
(a) Costs incurred by the designated third-party administrator or
insurer to administer the claim or pay compensation to the injured
employee; or
(b) Amount that the designated third -party administrator or
insurer will pay for administrative expenses or compensation to the
injured employee and that such amounts are justified by the
circumstances of the claim,
the Division shall authorize payment from the Uninsured
Employers’ Claim Account.
9. Any party aggrieved by a determination made by the
Division regarding the assig nment of any claim made pursuant to
this section may appeal that determination by filing a notice of
appeal with an appeals officer within 30 days after the determination
is rendered. The provisions of NRS 616C.345 to 616C.385,
inclusive, apply to an appeal filed pursuant to this subsection.
10. Any party aggrieved by a determination to accept or to
deny any claim made pursuant to this section or by a determination
to pay or to deny the payment of compensation regarding any claim
made pursuant to this sec tion may appeal that determination, within
70 days after the determination is rendered, to the Hearings Division
of the Department of Administration in the manner provided by
NRS [616C.305 and] 616C.315.
11. All insurers shall bear a proportionate amount of a claim
made pursuant to chapters 616A to 616D, inclusive, of NRS, and are
entitled to a proportionate amount of any collection made pursuant
to this section as an offset against future liabilities.
12. An uninsured employer is liable for the interes t on any
amount paid on his or her claims from the Uninsured Employers’
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Claim Account. The interest must be calculated at a rate equal to the
prime rate at the largest bank in Nevada, as ascertained by the
Commissioner of Financial Institutions, on January 1 or July 1, as
the case may be, immediately preceding the date of the claim, plus 3
percent, compounded monthly, from the date the claim is paid from
the account until payment is received by the Division from the
employer.
13. Attorney’s fees recoverable by the Division pursuant to this
section must be:
(a) If a private attorney is retained by the Division, paid at the
usual and customary rate for that attorney.
(b) If the attorney is an employee of the Division, paid at the
rate established by regulations adopted by the Division.
Any money collected must be deposited to the Uninsured
Employers’ Claim Account.
14. If the Division has not obtained a civil judgment or an
entry of summary judgment pursuant to NRS 616C.223 and the
Division assigns a de bt that arises under this section to the State
Controller for collection pursuant to NRS 353C.195, the State
Controller may bring an action in his or her own name in a court of
competent jurisdiction to recover any amount that the Division is
authorized to recover pursuant to this section.
Sec. 19. NRS 616C.235 is hereby amended to read as follows:
616C.235 1. Except as otherwise provided in subsections 2, 3
and 4:
(a) When the insurer determines that a claim should be closed
before all benefits to wh ich the claimant may be entitled have been
paid, the insurer shall send a written notice of its intention to close
the claim to the claimant by first -class mail addressed to the last
known address of the claimant and, if the insurer has been notified
that the claimant is represented by an attorney, to the attorney for
the claimant by first -class mail addressed to the last known address
of the attorney. The notice must include, on a separate page, a
statement describing the effects of closing a claim pursuan t to this
section and a statement that if the claimant does not agree with the
determination, the claimant has a right to request a resolution of the
dispute pursuant to NRS [616C.305 and ] 616C.315 to 616C.385,
inclusive, including, without limitation, a s tatement which
prominently displays the limit on the time that the claimant has to
request a resolution of the dispute as set forth in NRS 616C.315. A
suitable form for requesting a resolution of the dispute must be
enclosed with the notice. The closure of a claim pursuant to this
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subsection is not effective unless notice is given as required by this
subsection.
(b) If the insurer does not receive a request for the resolution of
the dispute, it may close the claim.
(c) Notwithstanding the provisions of NR S 233B.125, if a
hearing is conducted to resolve the dispute, the decision of the
hearing officer may be served by first-class mail.
2. If, during the first 12 months after a claim is opened, the
medical benefits required to be paid for a claim are less than $800,
the insurer may close the claim at any time after the insurer sends,
by first -class mail addressed to the last known address of the
claimant, written notice that includes a statement which prominently
displays that:
(a) The claim is being closed pursuant to this subsection;
(b) The injured employee may appeal the closure of the claim
pursuant to the provisions of NRS [616C.305 and ] 616C.315 to
616C.385, inclusive; and
(c) If the injured employee does not appeal the closure of the
claim or appe als the closure of the claim but is not successful, the
claim cannot be reopened.
3. In addition to the notice described in subsection 2, an insurer
shall send to each claimant who receives less than $800 in medical
benefits within 6 months after the cla im is opened a written notice
that explains the circumstances under which a claim may be closed
pursuant to subsection 2. The written notice provided pursuant to
this subsection does not create any right to appeal the contents of
that notice. The written notice must be:
(a) Sent by first -class mail addressed to the last known address
of the claimant; and
(b) A document that is separate from any other document or
form that is used by the insurer.
4. The closure of a claim pursuant to subsection 2 is not
effective unless notice is given as required by subsections 2 and 3.
5. In addition to the requirements of this section, an insurer
shall include in the written notice described in subsection 2:
(a) If an evaluation for a permanent partial disability has been
scheduled pursuant to NRS 616C.490, a statement to that effect; or
(b) If an evaluation for a permanent partial disability will not be
scheduled pursuant to NRS 616C.490, a statement explaining that
the reason is because the insurer has determine d there is no
possibility of a permanent impairment of any kind.
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Sec. 20. NRS 616C.295 is hereby amended to read as follows:
616C.295 1. The Chief of the Hearings Division shall adopt
regulations establishing:
(a) A code of conduct for hearing officers who conduct hearings
in contested cases for compensation under chapters 616A to 617,
inclusive, of NRS; and
(b) A code of conduct for appeals officers who conduct hearings
and appeals as required pursuant to chapters 616A to 617, inclusive,
of NRS.
2. The codes of conduct established pursuant to subsection 1
must be designed to ensure fairness and impartiality, and to avoid
the appearance of impropriety.
3. The Chief of the Hearings Division shall adopt regulations
establishing:
(a) Standards for the initial training and continuing education of
hearing officers who conduct hearings in contested cases for
compensation under chapters 616A to 617, inclusive, of NRS; and
(b) Standards for the initial training and continuing education of
appeals officer s who conduct hearings and appeals as required
pursuant to chapters 616A to 617, inclusive, of NRS.
4. The standards established pursuant to subsection 3 must,
without limitation, include training and continuing education in:
(a) The provisions of chapters 616A to 617, inclusive, of NRS;
(b) Dispute resolution; and
(c) Mediation.
5. The Chief of the Hearings Division shall:
(a) Prescribe by regulation the qualifications required before a
person may, pursuant to chapters 616A to 617, inclusive, of NR S,
serve as a hearing officer.
(b) Provide for the expediting of the hearing of cases that
involve the termination or denial of compensation.
(c) Maintain and make accessible to the public on the Internet
website maintained by the Hearings Division, a ca lendar of all
matters which are before hearing officers and appeals officers.
6. From the cases heard each year by hearing officers and
appeals officers regarding claims for benefits by injured employees,
the Chief of the Hearings Division shall prepare an annual report
which itemizes, on the basis of each insurer and third -party
administrator, the number of cases affirmed, reversed, remanded and
resolved by other disposition involving that insurer or third -party
administrator, including a breakdown of that information by the type
of benefits denied by the insurer or third-party administrator.
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7. As used in this section, “Chief of the Hearings Division”
means the Chief of the Hearings Division of the Department of
Administration.
Sec. 21. NRS 616C.315 is hereby amended to read as follows:
616C.315 1. Any person who is subject to the jurisdiction of
the hearing officers pursuant to chapters 616A to 616D, inclusive, or
chapter 617 of NRS may request a hearing before a hearing officer
of any matter within the hearing officer’s authority. The insurer
shall provide, without cost, the forms necessary to request a hearing
to any person who requests them.
2. A hearing must not be scheduled until the following
information is provided to the hearing officer:
(a) The name of:
(1) The claimant;
(2) The employer; and
(3) The insurer or third-party administrator;
(b) The number of the claim; and
(c) If applicable, a copy of the letter of determination being
appealed or, if such a copy is unavailable, the date of the
determination and the issues stated in the determination.
3. Except as otherwise provided in NRS 616B.772, 616B.775,
616B.787 [, 616C.305 ] and 616C.427, a person who is aggrieved
by:
(a) A written determination of an insurer; or
(b) The failure of an insurer to respond within 30 days to a
written request mailed to the insurer by the person who is aggrieved,
may appeal from the determination or failure to respond by filing
a request for a hearing before a hearing officer. Such a request must
include the information required pursuant to subsection 2 and,
except as otherwise provided in subsections 4 and 5, must be filed
within 70 days after the date on which the notice of the insurer’s
determination was mailed or, if requested by the clai mant or the
person acting on behalf of the claimant, sent by facsimile or other
electronic transmission the proof of sending and receipt of which is
readily verifiable by the insurer or the unanswered written request
was mailed to the insurer, as applicabl e. The failure of an insurer to
respond to a written request for a determination within 30 days after
receipt of such a request shall be deemed by the hearing officer to be
a denial of the request.
4. The period specified in subsection 3 within which a r equest
for a hearing must be filed may be:
(a) Extended for an additional 90 days if the person aggrieved
shows by a preponderance of the evidence that the person was
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diagnosed with a terminal illness or was informed of the death or
diagnosis of a terminal illness of his or her spouse, parent or child.
(b) Tolled if the insurer fails to mail or, if requested by the
claimant or the person acting on behalf of the claimant, send by
facsimile or other electronic transmission the proof of sending and
receipt of which is readily verifiable a determination.
5. Failure to file a request for a hearing within the period
specified in subsection 3 may be excused if the person aggrieved
shows by a preponderance of the evidence that the person did not
receive the noti ce of the determination and the forms necessary to
request a hearing. The claimant or employer shall notify the insurer
of a change of address.
6. The hearing before the hearing officer must be conducted as
expeditiously and informally as is practicable.
7. The parties to a contested claim may, if the claimant is
represented by legal counsel, agree to forego a hearing before a
hearing officer and submit the contested claim directly to an appeals
officer.
8. A claimant may, with regard to a contested c laim arising
from the provisions of NRS 617.453, 617.455, 617.457, 617.485 or
617.487 as described in subsection 2 of NRS 616C.345, submit the
contested claim directly to an appeals officer pursuant to subsection
2 of NRS 616C.345 without the agreement of any other party.
Sec. 22. NRS 616C.320 is hereby amended to read as follows:
616C.320 If an employee of a self -insured employer, an
employer who is a member of an association of self -insured public
or private employers or an employer insured by a priva te carrier is
dissatisfied with a decision of his or her employer, the association or
the private carrier, the employee may seek to resolve the dispute
pursuant to NRS [616C.305 and] 616C.315 to 616C.385, inclusive.
Sec. 23. NRS 616C.345 is hereby amended to read as follows:
616C.345 1. Any party aggrieved by a decision of the
hearing officer relating to a claim for compensation may appeal
from the decision by, except as otherwise provided in subsections 9,
10 and 11, filing a notice of appeal with an appeals officer within 30
days after the date of the decision.
2. A claimant aggrieved by a written determination of the
denial of a claim, in whole or in part, by an insurer, or the failure of
an insurer to respond in writing within 30 days to a w ritten request
of the claimant mailed to the insurer, concerning a claim arising
from the provisions of NRS 617.453, 617.455, 617.457, 617.485 or
617.487 may file a notice of a contested claim with an appeals
officer. The notice must include the informatio n required pursuant
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to subsection 3 and, except as otherwise provided in subsections 9 to
12, inclusive, must be filed within 70 days after the date on which
the notice of the insurer’s determination was mailed or, if requested
by the claimant or the perso n acting on behalf of the claimant, sent
by facsimile or other electronic transmission the proof of sending
and receipt of which is readily verifiable by the insurer or the
unanswered written request was mailed to the insurer, as applicable.
The failure of an insurer to respond in writing to a written request
for a determination within 30 days after receipt of such a request
shall be deemed by the appeals officer to be a denial of the request.
The insurer shall provide, without cost, the forms necessary to file a
notice of a contested claim to any person who requests them.
3. A hearing must not be scheduled until the following
information is provided to the appeals officer:
(a) The name of:
(1) The claimant;
(2) The employer; and
(3) The insurer or third-party administrator;
(b) The number of the claim; and
(c) If applicable, a copy of the letter of determination being
appealed or, if such a copy is unavailable, the date of the
determination and the issues stated in the determination.
4. [If a di spute is required to be submitted to a procedure for
resolving complaints pursuant to NRS 616C.305 and:
(a) A final determination was rendered pursuant to that
procedure; or
(b) The dispute was not resolved pursuant to that procedure
within 14 days after it was submitted,
any party to the dispute may, except as otherwise provided in
subsections 9 to 12, inclusive, file a notice of appeal within 70 days
after the date on which the final determination was mailed to the
employee, or the dependent of the em ployee, or the unanswered
request for resolution was submitted. Failure to render a written
determination within 30 days after receipt of such a request shall be
deemed by the appeals officer to be a denial of the request.
5.] Except as otherwise provided in NRS 616C.380, the filing
of a notice of appeal does not automatically stay the enforcement of
the decision of a hearing officer . [or a determination rendered
pursuant to NRS 616C.305.] The appeals officer may order a stay [,
when appropriate, ] in accordance with the requirements of
subsection 5 upon the [application] motion of a party. If a party
files such [an application is submitted, ] a motion, the decision is
automatically stayed until a determination is made concerning the
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[application.] motion. A determination on the [application] motion
must be made within 30 days after the filing of the [application.]
motion. If a stay is not granted by the officer after reviewing the
[application,] motion, the decision must be complied with within 10
days after the date of the refusal to grant a stay.
5. An appeals officer shall not:
(a) Grant a motion to stay the enforcement of the decision of a
hearing officer unless the appeals officer makes specific findings
of fact and conclusions of law that t he moving party seeking the
stay has established that:
(1) The moving party has a reasonable likelihood of success
in the appeal on the factual merits or as a matter of law;
(2) The moving party will suffer irreparable harm if the
stay is denied; and
(3) The nonmoving party will not suffer irreparable harm if
the stay is granted.
(b) For the purpose of making findings and conclusions
relating to irreparable harm pursuant to paragraph (a), consider
the ability to recoup benefits and compensation provi ded by an
industrial insurer to an injured employee during the pendency of
the appeal.
6. Except as otherwise provided in subsections 3 and 7, within
10 days after receiving a notice of appeal pursuant to this section or
NRS 616C.220, 616D.140 or 617.401 , or within 10 days after
receiving a notice of a contested claim pursuant to subsection 7 of
NRS 616C.315, the appeals officer shall:
(a) Schedule a hearing on the merits of the appeal or contested
claim for a date and time within 90 days after receipt of the notice at
a place in Carson City, Nevada, or Las Vegas, Nevada, or upon
agreement of one or more of the parties to pay all additional costs
directly related to an alternative location, at any other place of
convenience to the parties, at the discreti on of the appeals officer;
and
(b) Give notice by mail or by personal service to all parties to
the matter and their attorneys or agents at least 30 days before the
date and time scheduled.
7. Except as otherwise provided in subsection 13, a request to
schedule the hearing for a date and time which is:
(a) Within 60 days after the receipt of the notice of appeal or
contested claim; or
(b) More than 90 days after the receipt of the notice or claim,
may be submitted to the appeals officer only if all p arties to the
appeal or contested claim agree to the request.
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8. An appeal or contested claim may be continued upon written
stipulation of all parties, or upon good cause shown.
9. The period specified in subsection 1 [,] or 2 [or 4 ] within
which a not ice of appeal or a notice of a contested claim must be
filed may be extended for an additional 90 days if the person
aggrieved shows by a preponderance of the evidence that the person
was diagnosed with a terminal illness or was informed of the death
or diagnosis of a terminal illness of the person’s spouse, parent or
child.
10. The period specified in subsection 2 within which a notice
of appeal or a notice of a contested claim must be filed may be
tolled if the insurer fails to mail or, if requested by the claimant or
the person acting on behalf of the claimant, send a determination by
facsimile or other electronic transmission the proof of sending and
receipt of which is readily verifiable.
11. Failure to file a notice of appeal within the period spec ified
in subsection 1 [or 4] may be excused if the party aggrieved shows
by a preponderance of the evidence that he or she did not receive
the notice of the determination and the forms necessary to appeal the
determination. The claimant, employer or insur er shall notify the
hearing officer of a change of address.
12. Failure to file a notice of a contested claim within the
period specified in subsection 2 may be excused if the claimant
shows by a preponderance of the evidence that he or she did not
receive the notice of the determination and the forms necessary to
file the notice. The claimant or employer shall notify the insurer of a
change of address.
13. Within 10 days after receiving a notice of a contested claim
pursuant to subsection 2, the appeals officer shall:
(a) Schedule a hearing on the merits of the contested claim for a
date and time within 60 days after his or her receipt of the notice at a
place in Carson City, Nevada, or Las Vegas, Nevada, or upon
agreement of one or more of the pa rties to pay all additional costs
directly related to an alternative location, at any other place of
convenience to the parties, at the discretion of the appeals officer;
and
(b) Give notice by mail or by personal service to all parties to
the matter and their attorneys or agents within 10 days after
scheduling the hearing.
The scheduled date must allow sufficient time for full disclosure,
exchange and examination of medical and other relevant
information. A party may not introduce information at the hea ring
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which was not previously disclosed to the other parties unless all
parties agree to the introduction.
Sec. 24. NRS 616C.370 is hereby amended to read as follows:
616C.370 1. No judicial proceedings may be instituted for
compensation for an injury or death under chapters 616A to 616D,
inclusive, of NRS unless:
(a) A claim for compensation is filed as provided in NRS
616C.020; and
(b) A final decision of an appeals officer has been rendered on
such claim.
2. Judicial proceedings instituted for c ompensation for an
injury or death, under chapters 616A to 616D, inclusive, of NRS are
limited to judicial review of the decision of an appeals officer.
3. Notwithstanding any other provision of law:
(a) The following requirements, and no others, are mandatory
and jurisdictional for a petition for judicial review of the final
decision of an appeals officer:
(1) The petition must be filed within 30 days after the date
of entry and service of the decision and order of the appeals
officer; and
(2) A copy of the decision and order of the appeals officer
must be attached to the petition.
(b) Other than the requirements of paragraph (a), a court may
excuse any other defect in substance, form, venue or service of a
petition for judicial review, and may pe rmit any appropriate
amendment or change of venue at any time before the final
disposition of the petition.
4. The prevailing party in any judicial proceedings instituted
for compensation for an injury or death under chapters 616A to
616D, inclusive, of NRS shall cause a copy of the final decision
issued by the court in the proceedings to be:
(a) Served upon the appeals officer whose final decision was
appealed. The appeals officer shall include the copy of the final
decision in the administrative record on the matter.
(b) For a prevailing party in the Court of Appeals or Supreme
Court, filed in the district court whose final decision was appealed.
Sec. 25. NRS 616C.375 is hereby amended to read as follows:
616C.375 1. If an insurer, employer or cl aimant, or the
representative of an insurer, employer or claimant, appeals the
decision of an appeals officer, that decision is not stayed unless a
stay is granted by the appeals officer or the district court within 30
days after the date on which the decision was rendered.
2. An appeals officer or district court shall not:
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(a) Grant a motion to stay the enforcement of the decision of
an appeals officer unless the appeals officer or district court
makes specific findings of fact and conclusions of law th at the
moving party seeking the stay has established that:
(1) The moving party has a reasonable likelihood of success
in the appeal on the factual merits or as a matter of law;
(2) The moving party will suffer irreparable harm if the
stay is denied; and
(3) The nonmoving party will not suffer irreparable harm if
the stay is granted.
(b) For the purpose of making findings and conclusions
relating to irreparable harm pursuant to paragraph (a), consider
the ability to recoup benefits and compensation p rovided by an
industrial insurer to an injured employee during the pendency of
the appeal.
Sec. 26. NRS 616C.390 is hereby amended to read as follows:
616C.390 Except as otherwise provided in NRS 616C.392:
1. If an application to reopen a claim to increase or rearrange
compensation is made in writing more than 1 year after the date on
which the claim was closed, the insurer shall reopen the claim if:
(a) A change of circumstances warrants an increase or
rearrangement of compensation during the life of the claimant;
(b) The primary cause of the change of circumstances is the
injury for which the claim was originally made; and
(c) The application is accompanied by the certificate of a
physician or a chiropractic physician showing a change of
circumstances which would warrant an increase or rearrangement of
compensation.
2. After a claim has been closed, the insurer, upon receiving an
application and for good cause shown, may authorize the reopening
of the claim for medical investigation only. The a pplication must be
accompanied by a written request for treatment from the physician
or chiropractic physician treating the claimant, certifying that the
treatment is indicated by a change in circumstances and is related to
the industrial injury sustained by the claimant.
3. If a claimant applies for a claim to be reopened pursuant to
subsection 1 or 2 and a final determination denying the reopening is
issued, the claimant shall not reapply to reopen the claim until at
least 1 year after the date on which the final determination is issued.
4. Except as otherwise provided in subsection 5, if an
application to reopen a claim is made in writing within 1 year after
the date on which the claim was closed, the insurer shall reopen the
claim only if:
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(a) The a pplication is supported by medical evidence
demonstrating an objective change in the medical condition of the
claimant; and
(b) There is clear and convincing evidence that the primary
cause of the change of circumstances is the injury for which the
claim was originally made.
5. An application to reopen a claim must be made in writing
within 1 year after the date on which the claim was closed if:
(a) The claimant did not meet the minimum duration of
incapacity as set forth in NRS 616C.400 as a result of the injury;
and
(b) The claimant did not receive benefits for a permanent partial
disability.
If an application to reopen a claim to increase or rearrange
compensation is made pursuant to this subsection, the insurer shall
reopen the claim if the requir ements set forth in paragraphs (a), (b)
and (c) of subsection 1 are met.
6. If an employee’s claim is reopened pursuant to this section,
the employee is not entitled to vocational rehabilitation services or
benefits for a temporary total disability if, b efore the claim was
reopened, the employee:
(a) Retired; or
(b) Otherwise voluntarily removed himself or herself from the
workforce,
for reasons unrelated to the injury for which the claim was
originally made.
7. One year after the date on which the claim was closed, an
insurer may dispose of the file of a claim authorized to be reopened
pursuant to subsection 5, unless an application to reopen the claim
has been filed pursuant to that subsection.
8. An increase or rearrangement of compensation is n ot
effective before an application for reopening a claim is made unless
good cause is shown. The insurer shall, upon good cause shown,
allow the cost of emergency treatment the necessity for which has
been certified by a physician or a chiropractic physician.
9. A claim that closes pursuant to subsection 2 of NRS
616C.235 and is not appealed or is unsuccessfully appealed pursuant
to the provisions of NRS [616C.305 and ] 616C.315 to 616C.385,
inclusive, may not be reopened pursuant to this section.
10. The provisions of this section apply to any claim for which
an application to reopen the claim or to increase or rearrange
compensation is made pursuant to this section, regardless of the date
of the injury or accident to the claimant. If a claim is reopened
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pursuant to this section, the amount of any compensation or benefits
provided must be determined in accordance with the provisions of
NRS 616C.425.
11. As used in this section:
(a) “Governmental program” means any program or plan under
which a person receives payments from a public form of retirement.
Such payments from a public form of retirement include, without
limitation:
(1) Social security received as a result of the Social Security
Act, as defined in NRS 287.120;
(2) Payments from the Public Employees’ Retirement
System, as established by NRS 286.110;
(3) Payments from the Retirees’ Fund, as defined in
NRS 287.04064;
(4) A disability retirement allowance, as defined in NRS
1A.040 and 286.031;
(5) A retirement allowance, as defined in NR S 218C.080;
and
(6) A service retirement allowance, as defined in NRS
1A.080 and 286.080.
(b) “Retired” means a person who, on the date he or she filed for
reopening a claim pursuant to this section:
(1) Is not employed or earning wages; and
(2) Receives benefits or payments for retirement from a:
(I) Pension or retirement plan;
(II) Governmental program; or
(III) Plan authorized by 26 U.S.C. § 401(a), 401(k),
403(b), 457 or 3121.
(c) “Wages” means any remuneration paid by an employer to an
employee for the personal services of the employee, including,
without limitation:
(1) Commissions and bonuses; and
(2) Remuneration payable in any medium other than cash.
Sec. 27. NRS 616C.500 is hereby amended to read as follows:
616C.500 1. Except as otherwise provided in subsection 2
and NRS 616C.175, every employee in the employ of an employer,
within the provisions of chapters 616A to 616D, inclusive, of NRS,
who is injured by accident arising out of and in the course of
employment, is ent itled to receive for a temporary partial disability
the difference between the wage earned after the injury and the
compensation which the injured person would be entitled to receive
if temporarily totally disabled when the wage is less than the
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compensation, but for a period not to exceed 24 months during the
period of disability.
2. Except as otherwise provided in NRS 616B.028 and
616B.029, an injured employee or his or her dependents are not
entitled to accrue or be paid any benefits for a temporary pa rtial
disability during the time the employee is incarcerated. The injured
employee or his or her dependents are entitled to receive such
benefits if the injured employee is released from incarceration
during the period of disability specified in subsectio n 1 and the
injured employee is certified as temporarily partially disabled by a
physician or chiropractic physician.
3. If an injured employee makes a claim for temporary partial
disability, the first payment or a determination regarding payment
pursuant to this section must be issued by the insurer within 14
working days after receipt of the claim.
Sec. 28. NRS 616D.050 is hereby amended to read as follows:
616D.050 1. Appeals officers, the Administrator, and the
Administrator’s designee, in conduc ting hearings or other
proceedings pursuant to the provisions of chapters 616A to 616D,
inclusive, or chapter 617 of NRS or regulations adopted pursuant to
those chapters may:
(a) Issue subpoenas requiring the attendance of any witness or
the production of books, accounts, papers, records and documents.
(b) Administer oaths.
(c) Certify to official acts.
(d) Call and examine under oath any witness or party to a claim.
(e) Maintain order.
(f) Rule upon all questions arising during the course of a hearing
or proceeding.
(g) [Permit] Except as otherwise provided in subsections 3 and
4, permit discovery by deposition or interrogatories.
(h) Initiate and hold conferences for the settlement or
simplification of issues.
(i) Dispose of procedural requests or similar matters.
(j) Generally regulate and guide the course of a pending hearing
or proceeding.
2. Hearing officers, in conducting hearings or other
proceedings pursuant to the provisions of chapters 616A to 616D,
inclusive, or chapter 617 of NRS or regulations adopted pursuant to
those chapters, may:
(a) Issue subpoenas requiring the attendance of any witness or
the production of books, accounts, papers, records and documents
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that are relevant to the dispute for which the hearing or other
proceeding is being held.
(b) Maintain order.
(c) [Permit discovery by deposition or interrogatories.
(d)] Initiate and hold conferences for the settlement or
simplification of issues.
[(e)] (d) Dispose of procedural requests or similar matters.
[(f)] (e) Generally regulate and guide the course of a pending
hearing or proceeding.
3. Appeals officers, upon motion and for good cause shown,
in conducting hearings pursuant to the provisions of chapters
616A to 616D, inclusive, or chapter 617 of NRS or regulations
adopted pursuant to those chapters, may grant discovery to any
party by any methods available under the Nevada Rules of Civil
Procedure, except an appeals officer shall not grant discovery in
the form of requests for admission under Rule 36 . An appeals
officer shall not deny an injured employee’s reasonable request to
conduct discovery. The scope of discovery must be:
(a) Expressly limited to that which is necessary to the
adjudication of the claim for compensation; and
(b) Otherwise governed by the stan dards for relevance and
proportionality set forth in Rule 26(b) of the Nevada Rules of Civil
Procedure.
4. A party seeking to conduct discovery pursuant to
subsection 3 shall not serve a request for discovery on another
party without the approval of the appeals officer. The party
seeking discovery must file a motion for approval which includes,
without limitation, a copy of the discovery request to be served, an
identification of any witnesses sought to be deposed and a
summary of the anticipated testimon y of each such witness. Any
party opposed to the motion to approve discovery may file an
opposition within 5 days after the date of service of the motion.
The moving party is not entitled to reply to any opposition.
Sec. 29. NRS 616D.090 is hereby amended to read as follows:
616D.090 1. In an investigation, the Administrator or a
hearing officer may cause depositions of witnesses residing within
or without the State to be taken in the manner prescribed by law and
Nevada Rules of Civil Procedure for taking depositions in civil
actions in courts of record.
2. [After] Except as otherwise provided in NRS 616D.050,
after the initiation of a claim under the provisions of this chapter or
chapter 616A, 616B, 616C or 617 of NRS, in which a claimant or
other party is entitled to a hearing on the merits, any party to the
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proceeding may, in the manner prescribed by law and the Nevada
Rules of Civil Procedure for taking written interrogatories and
depositions in civil actions in courts of record:
(a) Serve upon any other party written interrogatories to be
answered by the party served; or
(b) Take the testimony of any person, including a party, by
deposition upon oral examination.
Sec. 30. NRS 616D.120 is hereby amended to read as follows:
616D.120 1. Except as otherwise provided in this section, if
the Administrator determines that an insurer, organization for
managed care, health care provider, third -party administrator,
employer or professional employer organization has:
(a) Induced a claimant to fail t o report an accidental injury or
occupational disease;
(b) Without justification, persuaded a claimant to:
(1) Settle for an amount which is less than reasonable;
(2) Settle for an amount which is less than reasonable while a
hearing or an appeal is pending; or
(3) Accept less than the compensation found to be due the
claimant by a hearing officer, appeals officer, court of competent
jurisdiction, written settlement agreement, written stipulation or the
Division when carrying out its duties pursuant to chapters 616A to
617, inclusive, of NRS;
(c) Refused to pay or unreasonably delayed payment to a
claimant of compensation or other relief found to be due the
claimant by a hearing officer, appeals officer, court of competent
jurisdiction, written settlement agreement, written stipulation or the
Division when carrying out its duties pursuant to chapters 616A to
616D, inclusive, or chapter 617 of NRS, if the refusal or delay
occurs:
(1) Later than 10 days after the date of the settlement
agreement or stipulation;
(2) Later than 30 days after the date of the decision of a
court, hearing officer, appeals officer or the Division, unless a stay
has been granted; or
(3) Later than 10 days after a stay of the decision of a court,
hearing officer, appeals officer or the Division has been lifted;
(d) Refused to process a claim for compensation pursuant to
chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(e) Made it necessary for a claimant to initiate proceedings
pursuant to chapters 616A to 616D, i nclusive, or chapter 617 of
NRS for compensation or other relief found to be due the claimant
by a hearing officer, appeals officer, court of competent jurisdiction,
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written settlement agreement, written stipulation or the Division
when carrying out its du ties pursuant to chapters 616A to 616D,
inclusive, or chapter 617 of NRS;
(f) Failed to comply with the Division’s regulations covering the
payment of an assessment relating to the funding of costs of
administration of chapters 616A to 617, inclusive, of NRS;
(g) Failed to provide or unreasonably delayed payment to an
injured employee or reimbursement to an insurer pursuant to
NRS 616C.165;
(h) Engaged in a pattern of untimely payments to injured
employees; or
(i) Intentionally failed to comply with an y provision of, or
regulation adopted pursuant to, this chapter or chapter 616A, 616B,
616C or 617 of NRS,
the Administrator shall impose an administrative fine of $1,500
for each initial violation, or a fine of $15,000 for a second or
subsequent violation.
2. Except as otherwise provided in chapters 616A to 616D,
inclusive, or chapter 617 of NRS, if the Administrator determines
that an insurer, organization for managed care, health care provider,
third-party administrator, employer or professional emp loyer
organization has failed to comply with any provision of this chapter
or chapter 616A, 616B, 616C or 617 of NRS, or any regulation
adopted pursuant thereto, the Administrator may take any of the
following actions:
(a) Issue a notice of correction for:
(1) A minor , clerical or ministerial violation . [, as defined
by regulations adopted by the Division; or ] In the case of more
than one minor, clerical or ministerial violation which is
substantially similar across multiple claims , all such violations
must be combined into a single finding in a notice of correction.
For the purpose of this subparagraph, a violation constitutes a
minor, clerical or ministerial violation if the violation does not
create a financial impact to an injured employee.
(2) A violation involving the payment of compensation in an
amount which is greater than that required by any provision of this
chapter or chapter 616A, 616B, 616C or 617 of NRS, or any
regulation adopted pursuant thereto.
The notice of correcti on must set forth with particularity the
violation committed and the manner in which the violation may be
corrected. The provisions of this section do not authorize the
Administrator to modify or negate in any manner a determination or
any portion of a det ermination made by a hearing officer, appeals
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officer or court of competent jurisdiction or a provision contained in
a written settlement agreement or written stipulation.
(b) Impose an administrative fine for:
(1) A second or subsequent violation of the same section for
which a notice of correction has been issued pursuant to paragraph
(a); or
(2) Any other violation of the same section of this chapter or
chapter 616A, 616B, 616C or 617 of NRS, or any regulation
adopted pursuant thereto, for whic h a notice of correction may not
be issued pursuant to paragraph (a).
The fine imposed must not be [greater] more than $375 for an
initial violation, more than $750 for a second violation of the same
section, more than $1,500 for a third violation of the same section
or more than $3,000 per violation for any [second] fourth or
subsequent violation [.] of the same section. If the Administrator
determines that a person has fully complied with any plan of
correction submitted pursuant to paragraph (c) or tha t the person
has had no violations in the 3 years immediately preceding the
date on which a fine is imposed pursuant to this paragraph, the
fine must be in the amount for an initial violation.
(c) Order a plan of corrective action to be submitted to the
Administrator within 30 days after the date of the order.
3. If the Administrator determines that a violation of any
of the provisions of paragraphs (a) to (e), inclusive, (h) or (i) of
subsection 1 has occurred, the Administrator shall order the insur er,
organization for managed care, health care provider, third -party
administrator, employer or professional employer organization to
pay to the claimant a benefit penalty:
(a) Except as otherwise provided in paragraph (b), in an amount
that is not less than $17,000 and not greater than $120,000; or
(b) Of $3,000 if the violation involves a late payment of
compensation or other relief to a claimant in an amount which is
less than $500 or which is not more than 14 days late.
4. To determine the amount of the benefit penalty, the
Administrator shall consider the degree of physical harm suffered by
the injured employee or the dependents of the injured employee as a
result of the violation of paragraph (a), (b), (c), (d), (e), (h) or (i) of
subsection 1, the amount of compensation found to be due the
claimant and the number of fines and benefit penalties, other than a
benefit penalty described in paragraph (b) of subsection 3,
previously imposed against the insurer, organization for managed
care, health care provider, third -party administrator, employer or
professional employer organization pursuant to this section. The
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Administrator shall also consider the degree of economic harm
suffered by the injured employee or the dependents of the injured
employee as a result of the violation of paragraph (a), (b), (c), (d),
(e), (h) or (i) of subsection 1. Except as otherwise provided in this
section, the benefit penalty is for the benefit of the claimant and
must be paid directly to the claimant within 15 days after the date of
the Administrator’s determination. If the claimant is the injured
employee and the claimant dies before the benefit penalty is paid to
him or her, the benefit penalty must be paid to the estate of the
claimant. Proof of the payment of the benefit penalty must be
submitted to the Administrator within 15 days after the date of the
Administrator’s determination unless an appeal is filed pursuant to
NRS 616D.140 and a stay has been granted. Any compensation to
which the claimant may otherwise be entit led pursuant to chapters
616A to 616D, inclusive, or chapter 617 of NRS must not be
reduced by the amount of any benefit penalty received pursuant to
this subsection. To determine the amount of the benefit penalty in
cases of multiple violations occurring within a certain period of
time, the Administrator shall adopt regulations which take into
consideration:
(a) The number of violations within a certain number of years
for which a benefit penalty was imposed; and
(b) The number of claims handled by the i nsurer, organization
for managed care, health care provider, third -party administrator,
employer or professional employer organization in relation to the
number of benefit penalties previously imposed within the period of
time prescribed pursuant to paragraph (a).
5. In addition to any fine or benefit penalty imposed pursuant
to this section, the Administrator may assess against an insurer who
violates any regulation concerning the reporting of claims
expenditures or premiums received that are used to cal culate an
assessment an administrative penalty of up to twice the amount of
any underpaid assessment.
6. If:
(a) The Administrator determines that a person has violated any
of the provisions of NRS 616D.200, 616D.220, 616D.240,
616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and
(b) The Fraud Control Unit for Industrial Insurance of the Office
of the Attorney General established pursuant to NRS 228.420
notifies the Administrator that the Unit will not prosecute the person
for that violation,
the Administrator shall impose an administrative fine of not more
than $15,000.
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7. Two or more fines of $1,000 or more imposed in 1 year for
acts enumerated in subsection 1 must be considered by the
Commissioner as evidence for the withdrawal of:
(a) A certificate to act as a self-insured employer.
(b) A certificate to act as an association of self -insured public or
private employers.
(c) A certificate of registration as a third-party administrator.
8. The Commissioner may, without complying with the
provisions of NRS 616B.327 or 616B.431, withdraw the
certification of a self -insured employer, association of self -insured
public or private employers or third -party administrator if, after a
hearing, it is shown that the self -insured employer, association of
self-insured public or private employers or third -party administrator
violated any provision of subsection 1.
9. If the Administrator determines that a vocational
rehabilitation counselor has violated the provisions of NRS
616C.543, the Administrator may impose an administrative fine on
the vocational rehabilitation counselor of not more than $250 for a
first violation, $500 for a second violation and $1,000 for a third or
subsequent violation.
10. The Administrator may make a claim against the bond
required pursuant to NRS 683A.0857 for the payment of any
administrative fine or benefit penalty imposed for a violation of the
provisions of this section.
Sec. 31. NRS 617.401 is hereby amended to read as follows:
617.401 1. The Division shall designate one:
(a) Third-party administrator who has a valid certificate issued
by the Commissioner pursuant to NRS 683A.085; or
(b) Insurer, other than a self -insured employer or association of
self-insured public or private employers,
to administer claims against the Uninsured Employers’ Claim
Account. The designation must be made pursuant to reasonable
competitive bidding procedures established by the Administrator.
2. Except as otherwise provided in this subsection, an
employee may receive compensation from the Uninsured
Employers’ Claim Account if:
(a) The employee was hired in this State or is regularly
employed in this State;
(b) The employee contracts an occupational disease that arose
out of and in the course of employment:
(1) In this State; or
(2) While on temporary assignment outside the State for not
more than 12 months;
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(c) The employee files a claim for compensation with the
Division; and
(d) The employee makes an irrevocable assignment to the
Division of a right to be subrogated to the rights of the employee
pursuant to NRS 616C.215.
An employee who contracts an occupational disease that arose
out of and in the course of employment while on temporary
assignment outside the State is not entitled to receive compensation
from the Uninsured Employers’ Claim Account unless the employee
has been denied workers’ compensation in the state in which the
disease was contracted.
3. If the Division receives a claim pursuant to subsection 2, the
Division shall immediately notify the employer of the claim.
4. For the purposes of this section and NRS 617.4015, the
employer has the burden of proving that the employer provided
mandatory coverage for occupational diseases for the employee or
that the employer was not required to maintain industrial in surance
for the employee.
5. Any employer who has failed to provide mandatory
coverage required by the provisions of this chapter is liable for all
payments made on behalf of the employer, including, but not limited
to, any benefits, administrative costs or attorney’s fees paid from the
Uninsured Employers’ Claim Account or incurred by the Division.
6. The Division:
(a) May recover from the employer the payments made by the
Division that are described in subsection 5 and any accrued interest
by bringin g a civil action or filing an application for the entry of
summary judgment pursuant to NRS 617.4015 in a court of
competent jurisdiction. For the purposes of this paragraph, the
payments made by the Division that are described in subsection 5
are presumed to be:
(1) Justified by the circumstances of the claim;
(2) Made in accordance with applicable law; and
(3) Reasonable and necessary.
(b) In any civil action or application for the entry of summary
judgment filed pursuant to NRS 617.4015 against th e employer, is
not required to prove that negligent conduct by the employer was
the cause of the occupational disease.
(c) May enter into a contract with any person to assist in the
collection of any liability of an uninsured employer.
(d) In lieu of a c ivil action or filing an application for the entry
of summary judgment pursuant to NRS 617.4015, may enter into an
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agreement or settlement regarding the collection of any liability of
an uninsured employer.
7. The Division shall:
(a) Determine whether the employer was insured within 30 days
after receiving the claim from the employee.
(b) Assign the claim to the third -party administrator or insurer
designated pursuant to subsection 1 for administration and payment
of compensation.
Upon determining whe ther the claim is accepted or denied, the
designated third -party administrator or insurer shall notify the
injured employee, the named employer and the Division of its
determination.
8. Upon demonstration of the:
(a) Costs incurred by the designated thi rd-party administrator or
insurer to administer the claim or pay compensation to the injured
employee; or
(b) Amount that the designated third -party administrator or
insurer will pay for administrative expenses or compensation to the
injured employee and that such amounts are justified by the
circumstances of the claim,
the Division shall authorize payment from the Uninsured
Employers’ Claim Account.
9. Any party aggrieved by a determination made by the
Division regarding the assignment of any claim ma de pursuant to
this section may appeal that determination by filing a notice of
appeal with an appeals officer within 30 days after the determination
is rendered. The provisions of NRS 616C.345 to 616C.385,
inclusive, apply to an appeal filed pursuant to this subsection.
10. Any party aggrieved by a determination to accept or to
deny any claim made pursuant to this section or by a determination
to pay or to deny the payment of compensation regarding any claim
made pursuant to this section may appeal that determination, within
70 days after the determination is rendered, to the Hearings Division
of the Department of Administration in the manner provided by
NRS [616C.305 and] 616C.315.
11. All insurers shall bear a proportionate amount of a claim
made purs uant to this chapter, and are entitled to a proportionate
amount of any collection made pursuant to this section as an offset
against future liabilities.
12. An uninsured employer is liable for the interest on any
amount paid on his or her claims from the Uninsured Employers’
Claim Account. The interest must be calculated at a rate equal to the
prime rate at the largest bank in Nevada, as ascertained by the
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Commissioner of Financial Institutions, on January 1 or July 1, as
the case may be, immediately preceding the date of the claim, plus 3
percent, compounded monthly, from the date the claim is paid from
the Account until payment is received by the Division from the
employer.
13. Attorney’s fees recoverable by the Division pursuant to this
section must be:
(a) If a private attorney is retained by the Division, paid at the
usual and customary rate for that attorney.
(b) If the attorney is an employee of the Division, paid at the
rate established by regulations adopted by the Division.
Any money coll ected must be deposited to the Uninsured
Employers’ Claim Account.
14. If the Division has not obtained a civil judgment or an
entry of summary judgment pursuant to NRS 617.4015 and the
Division assigns a debt that arises under this section to the State
Controller for collection pursuant to NRS 353C.195, the State
Controller may bring an action in his or her own name in a court of
competent jurisdiction to recover any amount that the Division is
authorized to recover pursuant to this section.
Sec. 32. NRS 617.405 is hereby amended to read as follows:
617.405 1. No judicial proceedings may be instituted for
benefits for an occupational disease under this chapter, unless:
(a) A claim is filed within the time limits prescribed in NRS
617.344; and
(b) A final decision by an appeals officer has been rendered on
the claim.
2. Judicial proceedings instituted for benefits for an
occupational disease under this chapter are limited to judicial review
of that decision.
3. Notwithstanding any other provision of law:
(a) The following requirements, and no others, are mandatory
and jurisdictional for a petition for judicial review of the final
decision of an appeals officer:
(1) The petition must be filed within 30 days after the date
of entry and service o f the decision and order of the appeals
officer; and
(2) A copy of the decision and order of the appeals officer
must be attached to the petition.
(b) Other than the requirements of paragraph (a), a court may
excuse any other defect in substance, form, venue or service of a
petition for judicial review, and may permit any appropriate
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amendment or change of venue at any time before the final
disposition of the petition.
4. The prevailing party in any judicial proceedings instituted
for benefits for an o ccupational disease shall cause a copy of the
final decision issued by the court in the proceedings to be:
(a) Served upon the appeals officer whose final decision was
appealed. The appeals officer shall include the copy of the final
decision in the administrative record on the matter.
(b) For a prevailing party in the Court of Appeals or Supreme
Court, filed in the district court whose final decision was appealed.
Sec. 32.3. The Administrator of the Division of Industrial
Relations of the Department o f Business and Industry shall adopt
the formulary required by section 9.5 of this act on or before July 1,
2027.
Sec. 32.7. Notwithstanding the provisions of section 9.7 of this
act, an insurer may, until January 1, 2028, provide reimbursement
for a drug that is dispensed to an injured employee after July 1,
2027, if:
1. The injured employee sustained the injury for which a claim
was made pursuant to chapters 616A to 617, inclusive, of NRS, on
or after January 1, 2027, and on or before July 1, 2027; and
2. The injured employee was originally prescribed the drug in
connection with his or her claim on or after January 1, 2027, and on
or before July 1, 2027.
Sec. 33. The amendatory provisions of this act apply to any
claim pursuant to chapters 616A to 616D, inclusive, or 617 of NRS,
which is open, filed or reopened on or after the date of passage and
approval of this act.
Sec. 33.5. (Deleted by amendment.)
Sec. 34. NRS 616C.305 and 617.459 are hereby repealed.
Sec. 35. 1. This section and sections 1 to 4.17, inclusive, 4.3
to 9.3, inclusive, 10 to 15, inclusive, 16 to 32.3, inclusive, 33, 33.5
and 34 of this act become effective upon passage and approval.
2. Section 4.2 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2026, for all other purposes.
3. Sections 9.5, 9.7, 15.5 and 32.7 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
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(b) On July 1, 2027, for all other purposes.
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