Assembly Amendment to Senate Bill No. 37 First Reprint (BDR 53-382)
Proposed by: Committee on Commerce and Labor
Amendment Box: Resolves conflicts with A.B. No. 129, A.B. No. 588, S.B. No. 39, S.B. No. 44, S.B. No. 64, S.B. No. 92, S.B. No. 175, S.B. No. 211, S.B. No. 351, S.B. No. 462 and S.B. No. 495. Makes substantive changes.
Resolves Conflicts with: AB129, AB588, SB39, SB44, SB64, SB92, SB175, SB211, SB351, SB462, SB495
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sec. 12 and adding:
"Sec. 12. (Deleted by amendment.)".
Amend the bill as a whole by adding a new section designated sec. 12.5, following sec. 12, to read as follows:
"Sec. 12.5. NRS 616A.425 is hereby amended to read as follows:
2. All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the division for functions supported in whole or in part from the fund must be delivered to the custody of the state treasurer for deposit to the credit of the fund.
3. All money and securities in the fund must be used to defray all costs and expenses of administering the program of workmen’s compensation, including the payment of:
(a) All salaries and other expenses in administering the division of industrial relations, including the costs of the office and staff of the administrator.
(b) All salaries and other expenses of administering NRS 616A.435 to 616A.460, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner
.(c)
The salary and other expenses of a full-time employee of the legislative counsel bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.(d) All salaries and other expenses of the fraud control unit for industrial insurance established pursuant to NRS 228.420.
(e)
Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401.(f) All salaries and expenses of the members of the legislative committee on workers’ compensation and any other expenses incurred by the committee in carrying out its duties pursuant to NRS 218.5375 to 218.5378, inclusive.
(g) That portion of the salaries and other expenses of the office for consumer health assistance established pursuant to section 86.6 of this act that is related to providing assistance to consumers and injured employees concerning workers’ compensation.
4. The state treasurer may disburse money from the fund only upon written order of the controller.
5. The state treasurer shall invest money of the fund in the same manner and in the same securities in which he is authorized to invest state general funds which are in his custody. Income realized from the investment of the assets of the fund must be credited to the fund.
6. 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 insurer or employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.".
Amend sec. 14, page 7, line 42, after "
"
Amend sec. 14, page 8, line 6, after "inclusive," by inserting:
"or chapter 617".
Amend sec. 16, page 8, line 30, by deleting "20," and inserting "20.5,".
Amend sec. 20, page 9, by deleting line 24 and inserting:
"
2. A classified employee of the system who is employed by the system on".Amend the bill as a whole by adding a new section designated sec. 20.5, following sec. 20, to read as follows:
"Sec. 20.5.
Every state office, department, board, commission, bureau, agency or institution, operating by authority of law, and each county, city, school district and other political subdivision of this state shall budget for industrial insurance in the same manner as for other expenses and, if insured by a private carrier, shall pay premiums as required by its contract.".Amend sec. 28, page 12, line 34, after "inclusive," by inserting "616B.463,".
Amend the bill as a whole by adding a new section designated sec. 29.5, following sec. 29, to read as follows:
"Sec. 29.5. NRS 616B.167 is hereby amended to read as follows:
1. Has full power, authority and jurisdiction over the system.
2. May perform all acts necessary or convenient in the exercise of any power, authority or jurisdiction over the system, either in the administration of the system or in connection with the business of insurance to be carried on by the system under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including the establishment of premium rates.
3. May appoint
Amend sec. 30, page 13, line 24, by deleting:
"
Amend sec. 30, page 13, line 25, by deleting:
"
Amend sec. 30, page 13, lines 26 and 27, by deleting:
"
"
Amend sec. 30, page 13, line 30, by deleting:
"
Amend sec. 30, page 13, line 33, by deleting "
Amend sec. 31, page 13, line 41, after "inclusive," by inserting:
"or chapter 617".
Amend sec. 32, page 14, by deleting lines 6 through 31 and inserting:
"616B.224 1. Every private or public employer who is not a self-insured employer or a member of an association of self-insured public or private employers shall, at intervals and on or before dates established by his insurer, furnish the insurer with:
(a) A true and accurate payroll showing:
(1) The total amount paid to employees for services performed;
(2) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a) whose tips in cash totaled $20 or more; and
(3) A segregation of employment in accordance with the requirements of the commissioner; and
(b) Any premium due pursuant to the terms of the policy of industrial insurance.
The payroll reports and any premium may be furnished to the insurer on different dates, as established by the insurer.
2.
Amend sec. 32, page 14, line 32, by deleting "5." and inserting "3.".
Amend sec. 32, page 14, line 35, after "inclusive," by inserting:
"and chapter 617".
Amend sec. 32, page 14, line 37, by deleting "6." and inserting "4.".
Amend sec. 32, page 14, line 42, by deleting "
Amend sec. 32, page 15, line 1, after "inclusive," by inserting:
"and chapter 617".
Amend sec. 32, page 15, between lines 2 and 3, by inserting:
"
Amend sec. 33, page 15, by deleting lines 23 through 25 and inserting:
"income from tips to calculate his federal income tax and to include the income in the computation of benefits pursuant to chapters 616A to 616D, inclusive, and chapter 617 of NRS.".
Amend the bill as a whole by deleting sections 34 and 35 and adding:
"Secs. 34 and 35. (Deleted by amendment.)".
Amend sec. 36, page 18, by deleting lines 1 through 35 and inserting:
"4. An employer who seeks to become a member of the association after the 12 months immediately following the formation of the association must meet the requirement set forth in paragraph (a) or (b) of subsection 3 unless the commissioner adjusts the requirement for membership in the association after conducting an annual review of the actuarial solvency of the association pursuant to subsection 1 of NRS 616B.353.
5. An association of self-insured private employers may apply to the commissioner for authority to determine the amount of tangible net worth and manual premium that an employer must have to become a member of the association. The commissioner shall approve the application if the association:
(a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the commissioner;
(b) Has a combined tangible net worth of all members in the association of at least $5,000,000;
(c) Has at least 15 members; and
(d) Has not been required to meet informally with the commissioner pursuant to subsection 1 of NRS 616B.431 during the 18-month period immediately preceding the date on which the association filed the application with the commissioner or, if the association has been required to attend such a meeting during that period, has not had its certificate withdrawn before the date on which the association filed the application.
6. An association of self-insured private employers may apply to the commissioner for authority to determine the documentation demonstrating solvency that an employer must provide to become a member of the association. The commissioner shall approve the application if the association:
(a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the commissioner;
(b) Has a combined tangible net worth of all members in the association of at least $5,000,000; and
(c) Has at least 15 members.
7. The commissioner may withdraw his approval of an application submitted pursuant to subsection 5 or 6 if he determines the association has ceased to comply with any of the requirements set forth in subsection 5 or 6, as applicable.
8. A member of an association may terminate his membership at any time. To terminate his membership, a member must submit to the association’s administrator a notice of intent to withdraw from the association at least 120 days before the effective date of withdrawal. The association’s administrator shall, within 10 days after receipt of the notice, notify the commissioner of the employer’s intent to withdraw from the association.
9. The members of an association may cancel the membership of any member of the association in accordance with the bylaws of the association.
10. The association shall:
(a) Within 30 days after the addition of an employer to the membership of the association, notify the commissioner of the addition and:
(1) If the association has not received authority from the commissioner pursuant to subsection 5 or 6, as applicable, provide to the commissioner all information and assurances for the new member that were required from each of the original members of the association upon its organization; or
(2) If the association has received authority from the commissioner pursuant to subsection 5 or 6, as applicable, provide to the commissioner evidence that is satisfactory to the commissioner that the new member is a member or associate member of the bona fide trade association as required pursuant to paragraph (a) of subsection 2 of NRS 616B.350, a copy of the indemnity agreement that jointly and severally binds the new member, the other members of the association and the association that is required to be executed pursuant to paragraph (a) of subsection 1 of NRS 616B.353 and any other information the commissioner may reasonably require to determine whether the amount of security deposited with the commissioner pursuant to paragraph (d) or (e) of subsection 1 of NRS 616B.353 is sufficient, but such information must not exceed the information required to be provided to the commissioner pursuant to subparagraph (1);
(b) Notify the commissioner and the administrator of the termination or cancellation of the membership of any member of the association within 10 days after the termination or cancellation; and
(c) At the expense of the member whose membership is terminated or canceled, maintain coverage for that member for 30 days after notice is given pursuant to paragraph (b), unless the association first receives notice from the administrator that the member has:
(1)
(2)] Been certified as a self-insured employer pursuant to NRS 616B.312;
[(3)] (2) Become a member of another association of self-insured public or private employers; or
[(4)] (3) Become insured by a private carrier.
11. If a member of an association changes his name or form of organization, the member remains liable for any obligations incurred or any responsibilities imposed pursuant to chapters 616A to 617, inclusive, of NRS under his former name or form of organization.
12. An association is liable for the payment of any compensation required to be paid by a member of the association pursuant to chapters 616A to 616D, inclusive, or 617 of NRS during his period of".
Amend the bill as a whole by deleting sections 44 through 49 and adding:
"Sec. 44-49. (Deleted by amendment.)".
Amend the bill as a whole by adding a new section designated sec. 49.5, following sec. 49, to read as follows:
"Sec. 49.5. Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer may inquire about and request medical records of an injured employee that concern a preexisting medical condition that is reasonably related to the industrial injury of that injured employee.
2. An injured employee must sign all medical releases necessary for the insurer of his employer to obtain information and records about a preexisting medical condition that is reasonably related to the industrial injury of the employee and that will assist the insurer to determine the nature and amount of workers’ compensation to which the employee is entitled.".
Amend sec. 52, page 26, line 25, after "inclusive," by inserting:
"or chapter 617".
Amend the bill as a whole by adding a new section designated sec. 52.5, following sec. 52, to read as follows:
"Sec. 52.5. NRS 616C.100 is hereby amended to read as follows:
If the physician or chiropractor selected to make the second determination finds a higher percentage of disability than the first physician or chiropractor, the injured employee may request a hearing officer or appeals officer to order the insurer to reimburse the employee pursuant to the provisions of NRS 616C.330 or 616C.360.2. The results of a second determination made pursuant to subsection 1 may be offered at any hearing or settlement conference.".
Amend the bill as a whole by adding thereto a new section designated sec. 53.5, following sec. 53, to read as follows:
"Sec. 53.5. NRS 616C.175 is hereby amended to read as follows:
(a) He has] The resulting condition of an employee who:
(a) Has a preexisting condition from a cause or origin that did not arise out of or in the course of his current or past employment; and
(b) [He subsequently] Subsequently sustains an injury by accident arising out of and in the course of his employment which aggravates, precipitates or accelerates his preexisting condition,
shall be deemed to be an injury by accident that is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS,
unless2.
(a) He sustains] The resulting condition of an employee who:
(a) Sustains an injury by accident arising out of and in the course of his employment; and
(b) [He subsequently] Subsequently aggravates, precipitates or accelerates the injury in a manner that does not arise out of and in the course of his employment,
shall be deemed to be an injury by accident that is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, of NRS,
unless the insurer can prove by a preponderance of the evidence that the injury described in paragraph (a) isAmend sec. 56, page 29, line 9, by deleting "under" and inserting:
"pursuant to the provisions of".
Amend sec. 56, page 29, line 14, after "inclusive," by inserting:
"or chapter 617".
Amend sec. 56, page 29, line 20, after "inclusive," by inserting:
"or chapter 617".
Amend sec. 56, page 29, line 27, after "inclusive," by inserting:
"or chapter 617".
Amend sec. 56, page 29, line 34, after "inclusive," by inserting:
"or chapter 617".
Amend sec. 56, page 29, line 41, after "inclusive," by inserting:
"or chapter 617".
Amend sec. 56, page 30, line 4, after "inclusive," by inserting:
"or chapter 617".
Amend sec. 56, page 30, line 11, after "inclusive," by inserting:
"or chapter 617".
Amend sec. 56, page 30, line 16, after "inclusive," by inserting:
"or chapter 617".
Amend sec. 56, page 30, line 42, by deleting "under" and inserting "pursuant to".
Amend sec. 56, page 31, line 3, after "dependents," by inserting:
"or the attorney or representative of the injured employee or his dependents,".
Amend sec. 56, page 31, line 15, by deleting "under" and inserting "pursuant to".
Amend sec. 56, page 32, line 5, by deleting:
"For the purposes of calculating" and inserting "To calculate".
Amend the bill as a whole by deleting sec. 57 and adding:
"Sec. 57. (Deleted by amendment.)".
Amend the bill as a whole by adding new sections designated sections 57.2 and 57.4, following sec. 57, to read as follows:
"Sec. 57.2. NRS 616C.230 is hereby amended to read as follows:
of NRS for an injury:(a) Caused by the employee’s willful intention to injure himself.
(b) Caused by the employee’s willful intention to injure another.
(c) Proximately caused by the employee’s intoxication. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
(d) Proximately caused by the employee’s use of a controlled substance. If the employee had any amount of a controlled substance in his system at the time of his injury for which the employee did not have a current and lawful prescription issued in his name, the controlled substance must be presumed to be a proximate cause unless rebutted by evidence to the contrary.
2. For the purposes of paragraphs (c) and (d) of subsection 1:
(a) The affidavit or declaration of an expert or other person described in NRS 50.315 is admissible to prove the existence of any alcohol or the existence, quantity or identity of a controlled substance in an employee’s system. If the affidavit or declaration is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.
(b) When an examination requested or ordered includes testing for the use of alcohol or a controlled substance
, (1) If] the laboratory that conducts the testing [is located in a county whose population is 100,000 or more and the testing is of urine, the laboratory] must be [certified for forensic testing of urine for drugs by the College of American Pathologists or a successor organization or by the federal Department of Health and Human Services; and
(2) Any such testing of breath for alcohol must be performed pursuant to the regulations of the federal Department of Transportation.] licensed pursuant to the provisions of chapter 652 of NRS.
3. No compensation is payable for the death, disability or treatment of an employee if his death is caused by, or insofar as his disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.
4. If any employee persists in an unsanitary or injurious practice that imperils or retards his recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his recovery, his compensation may be reduced or suspended.
5. An injured employee’s compensation, other than accident benefits, must be suspended if:
(a) A physician or chiropractor determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of his employment; and
(b) It is within the ability of the employee to correct the nonindustrial condition or injury.
The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury.
Sec. 57.4. NRS 616C.235 is hereby amended to read as follows:
616C.235 1. Except as otherwise provided in subsection 2:
(a) When the insurer determines that a claim should be closed before all benefits to which 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. The notice must include a statement that if the claimant does not agree with the determination, he has a right to request a resolution of the dispute pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive. A suitable form for requesting a resolution of the dispute must be enclosed with the notice. The closure of a claim 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 NRS 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 the medical benefits required to be paid for a claim are less than
(a) The claim is being closed pursuant to subsection 2;
(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 appeals the closure of the claim but is not successful, the claim cannot be reopened.
The closure of a claim is not effective unless notice is given as required by this subsection.".Amend the bill as a whole by deleting sections 61 and 62 and adding:
"Secs. 61 and 62. (Deleted by amendment.)".
Amend the bill as a whole by adding new sections designated sections 62.1 through 62.5, following sec. 62, to read as follows:
"Sec. 62.1. NRS 616C.330 is hereby amended to read as follows:
616C.330 1. The hearing officer shall:
(a) Within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request;
(b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and
(c) Conduct hearings expeditiously and informally.
2. The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada attorney for injured workers.
3. If necessary to resolve a medical question concerning an injured employee’s condition, the hearing officer may refer the employee to a physician or chiropractor chosen by the hearing officer. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians and chiropractors maintained by the administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any medical examination requested by the hearing officer.
4.
If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.5.
The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.
(a) The hearing; or
(b) He receives a copy of the report from the medical examination he requested.
Sec. 62.2. NRS 616C.360 is hereby amended to read as follows:
2. The appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter.
3. If necessary to resolve a medical question concerning an injured employee’s condition, the appeals officer may refer the employee to a physician or chiropractor chosen by the appeals officer. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer.
4.
If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the appeals officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.5.
Any party to the appeal or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.
(a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or
(b) If a transcript has not been ordered, within 30 days after the date of the hearing.
Sec. 62.3. NRS 616C.390 is hereby amended to read as follows:
(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 chiropractor 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 application must be accompanied by a written request for treatment from the physician or chiropractor 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:
(a) The application 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 was not off work 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 requirements 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, he is not entitled to vocational rehabilitation services or benefits for a temporary total disability if, before his claim was reopened, he:
(a) Retired; or
(b) Otherwise voluntarily removed himself from the work force,
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 not 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 chiropractor.
9. A claim that
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 pursuant to this section, the amount of any compensation or benefits provided must be determined in accordance with the provisions of NRS 616C.425.
Sec. 62.4. NRS 616C.440 is hereby amended to read as follows:
(a) In cases of total disability adjudged to be permanent, compensation per month of 66 2/3 percent of the average monthly wage.
(b) If there is a previous disability, as the loss of one eye, one hand, one foot or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury, but such a deduction for a previous award for permanent partial disability must be made in a reasonable manner and must not be more than the total amount which was paid for the previous award for permanent partial disability.
(c) If the character of the injury is such as to render the employee so physically helpless as to require the service of a constant attendant, an additional allowance may be made so long as such requirements continue, but the allowance may not be made while the employee is receiving benefits for care in a hospital or facility for intermediate care pursuant to the provisions of NRS
2. Except as otherwise provided in NRS 616B.185 and 616B.186, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a permanent total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits when the injured employee is released from incarceration if he is certified as permanently totally disabled by a physician or chiropractor.
3. An employee is entitled to receive compensation for a permanent total disability only so long as the permanent total disability continues to exist. The insurer has the burden of proving that the permanent total disability no longer exists.
4. If an employee who has received compensation in a lump sum for a permanent partial disability pursuant to NRS 616C.495 is subsequently determined to be permanently and totally disabled, the compensation for the permanent total disability must be reduced as follows:
(a) If the employee has not received a minimum lump sum, the
(b) If the employee received a minimum lump sum, the
The provisions of this subsection are retroactive for all claims for compensation for a permanent total disability remaining open on
Sec. 62.5. NRS 616C.475 is hereby amended to read as follows:
2. Except as otherwise provided in NRS 616B.185 and 616B.186, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a temporary total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits when the injured employee is released from incarceration if he is certified as temporarily totally disabled by a physician or chiropractor.
3. If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability and regularly thereafter.
4. Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.
5. Payments for a temporary total disability must cease when:
(a) A physician or chiropractor determines that the employee is physically capable of any gainful employment for which the employee is suited, after giving consideration to the employee’s education, training and experience;
(b) The employer offers the employee light-duty employment or employment that is modified according to the limitations or restrictions imposed by a physician or chiropractor pursuant to subsection 7; or
(c) Except as otherwise provided in NRS 616B.185 and 616B.186, the employee is incarcerated.
6. Each insurer may, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the division for the injured employee to request continued compensation for the temporary total disability.
7. A certification of disability issued by a physician or chiropractor must:
(a) Include the period of disability and a description of any physical limitations or restrictions imposed upon the work of the employee;
(b) Specify whether the limitations or restrictions are permanent or temporary; and
(c) Be signed by the treating physician or chiropractor authorized pursuant to NRS 616B.515 or 616B.527.
8. If certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of his accident is not required to comply with NRS 616C.545 to 616C.575, inclusive, and 616C.590 or the regulations adopted by the division governing vocational rehabilitation services if the employer offers the employee a position that
(a) Is
substantially similar to the employee’s position at the time of his injury in relation to the location of the employment(b) Provides a gross wage that is:
(1) If the position is in the same classification of employment, equal to the gross wage the employee was earning at the time of his injury; or
(2) If the position is not in the same classification of employment, substantially similar to the gross wage the employee was earning at the time of his injury.
".Amend sec. 63, page 37, by deleting lines 32 through 34 and inserting:
"employee a position that:
(a) Is
substantially similar to the employee’s position at the time of his injury in relation to the location of the employment and the hours he is required to work; and(b) Provides a gross wage that is:
(1) If the position is in the same classification of employment, equal to the gross wage the employee was earning at the time of his injury; or
(2) If the position is not in the same classification of employment, substantially similar to the gross wage the employee was earning at the time of his injury.".
Amend the bill as a whole by deleting sections 64 through 68 and adding:
"Secs. 64-68. (Deleted by amendment.)".
Amend the bill as a whole by adding new sections designated sections 68.2 through 68.8, following sec. 68, to read as follows:
"Sec. 68.2. NRS 616C.490 is hereby amended to read as follows:
2. Within 30 days after receiving from a physician or chiropractor a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with
(a)
The insurer shall select(b) Rating physicians and chiropractors must be selected in rotation from the list of qualified physicians and chiropractors designated by the administrator, according to their area of specialization and the order in which their names appear on the list.
3. At the request of the insurer, the injured employee shall, before an evaluation by a rating physician or chiropractor is performed, notify the insurer of:
(a) Any previous evaluations performed to determine the extent of any of the employee’s disabilities; and
(b) Any previous injury, disease or condition sustained by the employee which is relevant to the evaluation performed pursuant to this section.
The notice must be on a form approved by the administrator and provided to the injured employee by the insurer at the time of the insurer’s request.
4. Unless the regulations adopted pursuant to NRS 616C.110 provide otherwise, a rating evaluation must include an evaluation of the loss of motion, sensation and strength of an injured employee if the injury is of a type that might have caused such a loss. No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.
5. The rating physician or chiropractor shall provide the insurer with his evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee:
(a) Of the compensation to which he is entitled pursuant to this section; or
(b) That he is not entitled to benefits for permanent partial disability.
6. Each 1 percent of impairment of the whole man must be compensated by a monthly payment:
(a) Of 0.5 percent of the claimant’s average monthly wage for injuries sustained before July 1, 1981;
(b) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after July 1, 1981, and before June 18, 1993;
(c) Of 0.54 percent of the claimant’s average monthly wage for injuries sustained on or after June 18, 1993
(d) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after January 1, 2000.
Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.
7. Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.
8. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
9. The division may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.
10. The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.
11. This section does not entitle any person to double payments for the death of an employee and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.
Sec. 68.4. NRS 616C.555 is hereby amended to read as follows:
2. If the counselor determined in the written assessment developed pursuant to NRS 616C.550 that the injured employee has existing marketable skills, the plan must consist of job placement assistance only. When practicable, the goal of job placement assistance must be to aid the employee in finding a position which pays a gross wage that is equal to or greater than 80 percent of the gross wage that he was earning at the time of his injury. An injured employee must not receive job placement assistance for more than
(a) He was physically capable of returning to work; or
(b) It was determined that he had existing marketable skills.
3. If the counselor determined in the written assessment developed pursuant to NRS 616C.550 that the injured employee does not have existing marketable skills, the plan must consist of a program which trains or educates the injured employee and provides job placement assistance. Except as otherwise provided in NRS 616C.560, such a program must not exceed
:(a) If the injured employee has incurred a permanent physical impairment of less than 6 percent,
(b) If the injured employee has incurred a permanent physical impairment of 6 percent or more, but less than 11 percent,
(c) If the injured employee has incurred a permanent physical impairment of 11 percent or more,
The percentage of the injured employee’s permanent physical impairment must be determined pursuant to NRS 616C.490.
4. A plan for a program of vocational rehabilitation must comply with the requirements set forth in NRS 616C.585.
5. A program of vocational rehabilitation must not commence before the treating physician or chiropractor, or an examining physician or chiropractor determines that the injured employee is capable of safely participating in the program.
6. If, based upon the opinion of a treating or an examining physician or chiropractor, the counselor determines that an injured employee is not eligible for vocational rehabilitation services, the counselor shall provide a copy of the opinion to the injured employee, the injured employee’s employer and the insurer.
7. A plan for a program of vocational rehabilitation must be signed by a certified vocational rehabilitation counselor.
8. If an initial program of vocational rehabilitation pursuant to this section is unsuccessful, an injured employee may submit a written request for the development of a second program of vocational rehabilitation which relates to the same injury. An insurer shall authorize a second program for an injured employee upon good cause shown.
9. If a second program of vocational rehabilitation pursuant to subsection 8 is unsuccessful, an injured employee may submit a written request for the development of a third program of vocational rehabilitation which relates to the same injury. The insurer, with the approval of the employer who was the injured employee’s employer at the time of his injury, may authorize a third program for the injured employee. If such an employer has terminated operations, his approval is not required for authorization of a third program. An insurer’s determination to authorize or deny a third program of vocational rehabilitation may not be appealed.
10. The division shall adopt regulations to carry out the provisions of this section. The regulations must specify the contents of a plan for a program of vocational rehabilitation.
Sec. 68.5. NRS 616C.560 is hereby amended to read as follows:
616C.560 1. A program for vocational rehabilitation developed pursuant to subsection 3 of NRS 616C.555 may be extended:
(a) Without condition or limitation, by the insurer at his sole discretion; or
(b) In accordance with this section if:
(1) The injured employee makes a written request to extend the program within 30 days after he receives written notification that he is eligible for vocational rehabilitation services; and
(2) There are exceptional circumstances which make it unlikely that the injured employee will obtain suitable gainful employment as a result of vocational rehabilitation which is limited to the period for which he is eligible.
An insurer’s determination to grant or deny an extension pursuant to paragraph (a) may not be appealed.
2. If an injured employee has incurred a permanent physical impairment of less than 11 percent:
(a) The total length of the program, including any extension, must not exceed
(b) "Exceptional circumstances" shall be deemed to exist for the purposes of paragraph (b) of subsection 1, if:
(1) The injured employee lacks work experience, training, education or other transferable skills for an occupation which he is physically capable of performing; or
(2) Severe physical restrictions as a result of the industrial injury have been imposed by a physician which significantly limit the employee’s occupational opportunities.
3. If an injured employee has incurred a permanent physical impairment of 11 percent or more:
(a) The total length of the program, including any extension, must not exceed
(b) "Exceptional circumstances" shall be deemed to exist for the purposes of paragraph (b) of subsection 1, if the injured employee has suffered:
(1) The total and permanent loss of sight of both eyes;
(2) The loss by separation of a leg at or above the knee;
(3) The loss by separation of a hand at or above the wrist;
(4) An injury to the head or spine which results in permanent and complete paralysis of both legs, both arms or a leg and an arm;
(5) An injury to the head which results in a severe cognitive functional impairment which may be established by a nationally recognized form of objective psychological testing;
(6) The loss by separation of an arm at or above the elbow and the loss by separation of a leg at or above the knee;
(7) An injury consisting of second or third degree burns on 50 percent or more of the body, both hands or the face;
(8) A total bilateral loss of hearing;
(9) The total loss or significant and permanent impairment of speech; or
(10) A permanent physical impairment of 50 percent or more determined pursuant to NRS 616C.490, if the severity of the impairment limits the injured employee’s gainful employment to vocations that are primarily intellectual and require a longer program of education.
4. The insurer shall deliver a copy of its decision granting or denying an extension to the injured employee and the employer. Except as otherwise provided in this section, the decision shall be deemed to be a final determination of the insurer for the purposes of NRS 616C.315.
Sec. 68.7. NRS 616C.580 is hereby amended to read as follows:
(a) Lives within 50 miles from any border of this state on the date of injury; or
(b) Was injured while temporarily employed in this state by an employer subject to the provisions of chapters 616A to 617, inclusive, of NRS who can demonstrate that, on the date of injury, his permanent residence was outside of this state,
may receive vocational rehabilitation services at a location within 50 miles from his residence if such services are available at such location.2. An injured employee, who:
(a) Is eligible for vocational rehabilitation services pursuant to NRS 616C.590; and
(b) Resides outside of this state
may execute a written agreement with the insurer which provides for the payment of compensation in a lump sum in lieu of the provision of vocational rehabilitation services pursuant to NRS 616C.595. The amount of the lump sum must not exceed $15,000.
3. An injured employee who resides outside of this state
but does not qualify to receive vocational rehabilitation services outside of this state pursuant to subsection 1 may receive the vocational rehabilitation services to which he is entitled pursuant to NRS 616C.545 to 616C.575, inclusive, and 616C.590 if he relocates to(a) This
state ; or(b) A location within 50 miles from any border of this state,
at his own expense
Sec. 68.8. NRS 616D.120 is hereby amended to read as follows:
(a) Through fraud, coercion, duress or undue influence:
(1) Induced a claimant to fail to report an accidental injury or occupational disease;
(2) Persuaded a claimant to settle for an amount which is less than reasonable;
(3) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending; or
(4) Persuaded a claimant to accept less than the compensation found to be due him 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;
(b) Refused to pay or unreasonably delayed payment to a claimant of compensation found to be due him 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 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 division has been lifted;
(c) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(d) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation found to be due him 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;
(e) 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;
(f) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165; or
(g) Intentionally failed to comply with any 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 $1,000 for each initial violation, or a fine of $10,000 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 or employer 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 violation, as defined by regulations adopted by the division; or
(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 correction must set forth with particularity the violation committed and the manner in which the violation may be corrected.
(b) Impose an administrative fine for:
(1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or
(2) Any other violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).
The fine imposed may not be greater than $250 for an initial violation, or more than $1,000 for any second or subsequent 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 (d), inclusive, of subsection 1 has occurred, the administrator shall order the insurer, organization for managed care, health care provider, third-party administrator or employer to pay to the claimant a benefit penalty in an amount
4. 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 used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.
5. 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 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 $10,000.
6. 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.
7. 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.".
Amend sec. 69, page 40, line 7, after "inclusive," by inserting:
"or chapter 617".
Amend sec. 69, page 40, line 10, by deleting:
"
"to
Amend sec. 69, page 40, line 11, after "inclusive," by inserting:
"or chapter 617".
Amend sec. 69, page 40, by deleting lines 15 through 19 and inserting:
"not to exceed 6 years; and
(b) Interest at a rate determined pursuant to NRS 17.130 computed from the time that the premiums should have been paid.
The money collected pursuant to this subsection must be paid into the uninsured employers’ claim fund.".
Amend sec. 69, page 40, by deleting lines 26 through 31 and inserting:
"chapters 616A to 616D, inclusive, or chapter 617
of NRS, shall be punished as follows:(a) Except as otherwise provided in paragraph (b), if it is a first offense, for a misdemeanor.
(b) If it is a first offense and, during the period the employer was doing business in this state without providing, securing or maintaining compensation, one of his employees suffers an injury arising out of and in the course of his employment that results in substantial bodily harm to the employee or the death of the employee, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000.
(c) If it is a second or subsequent offense committed within 7 years after the previous offense, for a category C felony punishable by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and by a fine of not less than $1,000 nor more than $50,000.
4. In addition to any other penalty imposed pursuant to paragraph (b) or (c) of subsection 3, the court shall order the employer to:
(a) Pay restitution to an insurer who has incurred costs as a result of the violation in an amount equal to the costs that have been incurred minus any costs incurred that have otherwise been recovered; and
(b) Reimburse the uninsured employers’ claim fund for all payments made from the fund on the employer’s behalf, including any benefits, administrative costs or attorney’s fees paid from the fund, that have not otherwise been recovered pursuant to NRS 616C.220.
5. Any criminal penalty imposed pursuant to subsections 3 and 4 must be in addition to the amount charged".
Amend sec. 70, page 40, line 36, by deleting "premium" and inserting:
"premium, interest or penalty".
Amend sec. 70, page 41, line 5, by deleting:
"
Amend sec. 70, page 41, by deleting line 6 and inserting:
"prior insurer have been paid to that insurer.".
Amend the bill as a whole by deleting sec. 80 and adding:
"Sec. 80. (Deleted by amendment.)".
Amend the bill as a whole by adding a new section designated sec. 80.5, following sec. 80, to read as follows:
"Sec. 80.5. NRS 617.366 is hereby amended to read as follows:
(a) He has] The resulting condition of an employee who:
(a) Has a preexisting condition from a cause or origin that did not arise out of and in the course of his current or past employment; and
(b) [He subsequently] Subsequently contracts an occupational disease which aggravates, precipitates or accelerates his preexisting condition,
shall be deemed to be an occupational disease that is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS,
unless2.
(a) He contracts] The resulting condition of an employee who:
(a) Contracts an occupational disease; and
(b) [He subsequently] Subsequently aggravates, precipitates or accelerates the occupational disease in a manner that does not arise out of and in the course of his employment,
shall be deemed to be an occupational disease that is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, and chapter 617 of NRS,
unless the insurer can prove by a preponderance of the evidence that the occupational disease isAmend the bill as a whole by deleting sec. 82 and adding:
"Sec. 82. (Deleted by amendment.)".
Amend the bill as a whole by adding new sections designated sections 86.1 through 86.9, following sec. 86, to read as follows:
"Sec. 86.1. Chapter 223 of NRS is hereby amended by adding thereto the provisions set forth as sections 86.2 to 86.9, inclusive, of this act.
Sec. 86.2.
As used in sections 86.2 to 86.9, inclusive, of this act, unless the context otherwise requires:1. "Consumer" means a natural person who has or is in need of coverage under a health care plan.
2. "Director" means the director of the office for consumer health assistance appointed pursuant to section 86.6 of this act.
3. "Health care plan" means a policy, contract, certificate or agreement offered or issued to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.
Sec. 86.4.
The provisions of NRS 223.085 do not apply to the provisions of sections 86.2 to 86.9, inclusive, of this act.Sec. 86.6.
1. The office for consumer health assistance is hereby established in the office of the governor. The governor shall appoint the director. The director must:(a) Be:
(1) A physician, as that term is defined in NRS 0.040;
(2) A registered nurse, as that term is defined in NRS 632.019;
(3) An advanced practitioner of nursing, as that term is defined in NRS 453.023; or
(4) A physician’s assistant, as that term is defined in NRS 630.015; and
(b) Have expertise and experience in the field of advocacy.
2. The cost of carrying out the provisions of sections 86.2 to 86.9, inclusive, of this act must be paid as follows:
(a) That portion of the cost related to providing assistance to consumers and injured employees concerning workers’ compensation must be paid from the assessments levied pursuant to NRS 232.680.
(b) The remaining cost must be provided by direct legislative appropriation from the state general fund and be paid out on claims as other claims against the state are paid.
Sec. 86.7.
The director shall:1. Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers’ compensation;
2. Assist consumers and injured employees in understanding their rights and responsibilities under health care plans and policies of industrial insurance;
3. Identify and investigate complaints of consumers and injured employees regarding their health care plans and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:
(a) Referring consumers and injured employees to the appropriate agency, department or other entity that is responsible for addressing the specific complaint of the consumer or injured employee; and
(b) Providing counseling and assistance to consumers and injured employees concerning health care plans and policies of industrial insurance;
4. Provide information to consumers and injured employees concerning health care plans and policies of industrial insurance in this state;
5. Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the office;
6. Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the director pursuant to this section; and
7. In appropriate cases and pursuant to the direction of the governor, refer a complaint or the results of an investigation to the attorney general for further action.
Sec. 86.8.
1. The director may:(a) Within the limits of available money, employ:
(1) Such persons in the unclassified service of the state as he determines to be necessary to carry out the provisions of sections 86.2 to 86.9, inclusive, of this act, including, without limitation, a provider of health care, as that term is defined in NRS 449.581.
(2) Such additional personnel as may be required to carry out the provisions of sections 86.2 to 86.9, inclusive, of this act, who must be in the classified service of the state.
A person employed pursuant to the authority set forth in this subsection must be qualified by training and experience to perform the duties for which the director employs him.(b) To the extent not otherwise prohibited by law, obtain such information from consumers, injured employees, health care plans and policies of industrial insurance as he determines to be necessary to carry out the provisions of sections 86.2 to 86.9, inclusive, of this act.
(c) Adopt such regulations as he determines to be necessary to carry out the provisions of sections 86.2 to 86.9, inclusive, of this act.
2. The director and his employees shall not have any conflict of interest relating to the performance of their duties pursuant to sections 86.2 to 86.9, inclusive, of this act. For the purposes of this subsection, a conflict of interest shall be deemed to exist if the director or employee, or any person affiliated with the director or employee:
(a) Has direct involvement in the licensing, certification or accreditation of a health care facility, insurer or provider of health care;
(b) Has a direct ownership interest or investment interest in a health care facility, insurer or provider of health care;
(c) Is employed by, or participating in, the management of a health care facility, insurer or provider of heath care; or
(d) Receives or has the right to receive, directly or indirectly, remuneration pursuant to any arrangement for compensation with a health care facility, insurer or provider of health care.
Sec. 86.9.
On or before February 1 of each year, the director shall submit a written report to the governor, and to the director of the legislative counsel bureau for transmittal to the appropriate committee or committees of the legislature. The report must include, without limitation:1. A statement setting forth the number and geographic origin of the written and telephonic inquiries received by the office and the issues to which those inquiries were related;
2. A statement setting forth the type of assistance provided to each consumer and injured employee who sought assistance from the director, including, without limitation, the number of referrals made to the attorney general pursuant to subsection 7 of section 86.7 of this act; and
3. A statement setting forth the disposition of each inquiry and complaint received by the director.
".Amend sec. 89, page 52, line 1, after "218.5375," by inserting:
"
and that portion of the cost of the office for consumer heath assistance established pursuant to section 86.6 of this act that is related to providing assistance to consumers and injured employees concerning workers’ compensation,".Amend sec. 89, page 52, between lines 39 and 40, by inserting:
"
(g) That portion of the salaries and other expenses of the office for consumer health assistance established pursuant to section 86.6 of this act that is related to providing assistance to consumers and injured employees concerning workers’ compensation.".Amend sec. 90, page 53, by deleting lines 5 through 17 and inserting:
"chapter, and the department shall provide those services and the use of that equipment as may be mutually agreed:
(a) The court administrator;
(b) The department of motor vehicles and public safety;
(c) The department of transportation;
(d) The employment security division of the department of employment, training and rehabilitation;
(e) The division of wildlife of the state department of conservation and natural resources;
(f) The legislative counsel bureau;
(g)
Amend sec. 91, page 54, line 2, after "inclusive," by inserting:
"and chapter 617".
Amend sec. 91, page 54, line 8, after "inclusive," by inserting:
"or chapter 617".
Amend sec. 92, page 54, line 29, after "inclusive," by inserting:
"and chapter 617".
Amend sec. 92, page 54, line 35, after "inclusive," by inserting:
"or chapter 617".
Amend sec. 92, page 55, line 6, by deleting the comma.
Amend the bill as a whole by adding a new section designated sec. 96.5, following sec. 96, to read as follows:
"Sec. 96.5. NRS 284.140 is hereby amended to read as follows:
1. Persons chosen by election or appointment to fill an elective office.
2. Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.
3. At the discretion of the elective officer or head of each department, agency or institution, one deputy and one chief assistant in each department, agency or institution.
4.
5. All employees other than clerical in the office of the attorney general and the state public defender required by law to be appointed by the attorney general or the state public defender.
6. Except as otherwise provided by the board of regents of the University of Nevada pursuant to NRS 396.251, officers and members of the teaching staff and the staffs of the agricultural extension department and experiment station of the University and Community College System of Nevada, or any other state institution of learning, and student employees of these institutions. Custodial, clerical or maintenance employees of these institutions are in the classified service. The board of regents of the University of Nevada shall assist the director in carrying out the provisions of this chapter applicable to the University and Community College System of Nevada.
7. Officers and members of the Nevada National Guard.
8. Persons engaged in public work for the state but employed by contractors when the performance of the contract is authorized by the legislature or another competent authority.
9. Patient and inmate help in state charitable, penal, mental and correctional institutions.
10. Part-time professional personnel who are paid for any form of medical, nursing or other professional service and who are not engaged in the performance of administrative or substantially recurring duties.
11. All other officers and employees authorized by law to be employed in the unclassified service.".
Amend sec. 97, page 57, line 40, after "contractors." by inserting:
"Except as otherwise provided by specific statute, each contract for services must be awarded pursuant to the provisions of chapter 333 of NRS.".
Amend sec. 98, page 59, by deleting lines 29 through 33 and inserting:
"3. "Invitation to bid" means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.
4. "Proprietary information" means:
(a) Any trade secret or confidential business information that is contained in a bid or proposal submitted on a particular contract; or
(b) Any other trade secret or confidential business information submitted in a bid or proposal and designated as proprietary by the chief.".
Amend sec. 98, page 59, line 39, by deleting "4." and inserting "5.".
Amend sec. 98, page 59, line 41, by deleting "5." and inserting "6.".
Amend sec. 98, page 60, by deleting line 3 and inserting:
"7. "Request for proposals" means a written statement which sets forth the".
Amend sec. 98, page 60, line 6, by deleting "7." and inserting "8.".
Amend sec. 98, page 60, line 7, by deleting "8." and inserting "9.".
Amend sec. 98, page 60, line 12, by deleting "sources, except" and inserting:
"sources. The term does not include".
Amend sec. 98, page 60, line 16, by deleting "9." and inserting "10."
Amend sec. 98, page 60, line 18, after "inclusive," and inserting:
"or chapter 617".
Amend sec. 105, page 64, line 30, after "Association," by inserting:
"the Government National Mortgage Association,".
Amend sec. 105, page 64, line 42, by deleting "and above".
Amend sec. 105, page 65, lines 28 and 29, by deleting:
"banks or insured" and inserting:
"banks, insured credit unions or".
Amend sec. 105, page 66, line 13, by deleting "3" and inserting "5".
Amend sec. 105, page 66, line 26, by deleting "and".
Amend sec. 105, page 66, line 28, by deleting "equivalent." and inserting:
"equivalent; and
(s) Asset-backed securities that are rated by a nationally recognized rating service as "AAA" or its equivalent.".
Amend sec. 105, page 67, line 9, by deleting "
into" and inserting "into".Amend sec. 111, page 70, line 34, after "inclusive," by inserting:
"or chapter 617".
Amend sec. 111, page 70, line 35, by deleting "
carrier and" and inserting:"
carrier and, if".Amend sec. 116, page 72, lines 29 and 30, by deleting:
"office, as defined in subsection 2," and inserting "office".
Amend sec. 116, page 72, line 41, by deleting:
"For the purposes of" and inserting:
"As used in".
Amend sec. 116, page 73, by deleting line 3 and inserting:
"3. The insurer shall, on or before March 15 of each year, furnish proof to".
Amend sec. 126, page 79, by deleting lines 9 through 19 and inserting:
"696B.360 1.
Except as otherwise provided in this section:(a) The money collected by the commissioner in a proceeding under this chapter must be from time to time deposited in one or more state or national banks, savings banks, credit unions or trust companies, and in the case of the insolvency or voluntary or involuntary liquidation of any such depositary which is an institution organized and supervised under the laws of this state, such deposits are entitled to priority of payment on an equality with any other priority given by the banking laws of this state.
Amend the bill as a whole by adding new sections designated sections 126.3 and 126.5, following sec. 126, to read as follows:
"Sec. 126.3. Section 2 of Senate Bill No. 351 of this session is hereby amended to read as follows:
Sec. 2. NRS 683A.100 is hereby amended to read as follows:
683A.100 In addition to persons excluded by the terms thereof, the definitions of an agent, broker, solicitor or managing general agent
1. Salaried employees rendering solely clerical and administrative services in the office of the employer.
2. Salaried administrative and clerical employees of agents and brokers performing any functions in the office and under the supervision of the employer and receiving no commissions.
3. Salaried employees of insurers, organizations employed by insurers
or the state industrial insurance system engaged in inspecting, rating or classifying risks, or in general supervision of agents, and not in the solicitation or writing of insurance.4. Officers of insurers or of an association of insurers engaged in the performance of their usual and customary executive duties, exclusive of field solicitation of insurance other than rendering assistance to or on behalf of a licensed agent but receiving no commission or other compensation directly dependent upon the amount of business transacted.
5. Persons completing or delivering declarations or certificates of coverage under running inland marine insurance contracts evidencing coverage thereunder, if:
(a) Such persons receive no commissions directly or indirectly on such insurance; and
(b) Such persons or their employers have an insurable interest in the risk evidenced by the certificate or declaration.
6. Persons who secure and furnish information for the purposes of group life insurance, group or blanket health insurance or annuity coverages, or for enrolling individuals under such plans or issuing certificates thereunder or otherwise assisting in administering such plans where no commission is paid for such services.
7. Service representatives.
8. Employees of a short-term lessor of passenger vehicles who engage solely in the solicitation and sale of insurance requested by a lessee pursuant to NRS 482.3158 in accordance with section 1 of Senate Bill No. 351 of this session.
Sec. 126.5. Section 12 of Senate Bill No. 92 of this session is hereby amended to read as follows:
Sec. 12. NRS 616B.167 is hereby amended to read as follows:
616B.167 The manager:
1. Has full power, authority and jurisdiction over the system.
2. May perform all acts necessary or convenient in the exercise of any power, authority or jurisdiction over the system, either in the administration of the system or in connection with the business of insurance to be carried on by the system under the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including the establishment of premium rates.
3. May appoint not more than five persons [,] engaged in management [,] who report directly to the manager or an assistant manager. The manager shall designate these positions [,] and may not change them without the approval of the personnel commission. These persons are entitled to receive annual salaries fixed by the manager.".
Amend the bill as a whole by adding a new section designated sec. 127.5, following sec. 127, to read as follows:
"Sec. 127.5. 1. There is hereby appropriated from the state general fund to the office of the governor to pay that portion of the cost of carrying out the provisions of sections 86.2 to 86.9, inclusive, of this act that is not related to providing assistance to consumers and injured employees concerning workers’ compensation:
For the fiscal year 1999-2000 $212,404
For the fiscal year 2000-2001 $251,001
2. The sums appropriated by subsection 1 are available for either fiscal year and may be transferred for use from one fiscal year to the other upon the recommendation of the governor and with the approval of the interim finance committee.
3. Any balance of the sum appropriated by subsection 1 for fiscal year 1999-2000 remaining at the end of that fiscal year that is not transferred for use to fiscal year 2000-2001 pursuant to subsection 2 must not be committed for expenditure after June 30, 2000, and reverts to the state general fund as soon as all payments of money committed have been made. Any balance of the sums appropriated by subsection 1 remaining at the end of fiscal year 2000-2001 must not be committed for expenditure after June 30, 2001, and reverts to the state general fund as soon as all payments of money committed have been made.
4. The sums appropriated by subsection 1 must be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work programmed for the 2 separate fiscal years, 1999-2000 and 2000-2001, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration and in accordance with the provisions of the State Budget Act.
5. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.".
Amend sec. 130, page 82, line 33, by deleting "June 30," and inserting "July 1,".
Amend sec. 132, page 83, line 38, by deleting "1999, may" and inserting:
"1999:
(a) May".
Amend sec. 132, page 83, after line 43, by inserting:
"(b) Notwithstanding the provisions of chapter 284 of NRS or the regulations adopted pursuant thereto, is not subject to any probationary period otherwise applicable to his initial reemployment to a position in the classified service of the state.".
Amend sec. 132, page 84, line 4, by deleting "company may" and inserting:
"company:
(a) May".
Amend sec. 132, page 84, between lines 9 and 10, by inserting:
"(b) Notwithstanding the provisions of chapter 284 of NRS or the regulations adopted pursuant thereto, is not subject to any probationary period otherwise applicable to his initial reemployment to a position in the classified service of the state.".
Amend sec. 134, page 84, line 21, by deleting "If" and inserting:
"Except as otherwise required as a result of NRS 286.537:
1. If".
Amend sec. 134, page 84, line 26, by deleting "NRS 286.300" and inserting:
"chapter 286 of NRS, in addition to any years of service previously purchased by the employee pursuant to NRS 286.300,".
Amend sec. 134, page 84, by deleting line 27.
Amend sec. 134, page 84, line 28, by deleting "2." and inserting "(a)".
Amend sec. 134, page 84, line 31, by deleting "3." and inserting "(b)".
Amend sec. 134, page 84, between lines 32 and 33, by inserting:
"2. The public employees’ retirement system shall take such action as is necessary to carry out the provisions of subsection 1.".
Amend sec. 139, page 85, by deleting lines 26 and 27 and inserting:
"as a regulation of the division of industrial relations of the department of business and industry or the administrator of the division, respectively, until amended or repealed by the".
Amend the bill as a whole by adding new sections designated sections 139.2 and 139.4, following sec. 139, to read as follows:
"Sec. 139.2. The amendatory provisions of sections 62.5, 68.4, 68.5 and 68.7 of this act apply to an injured employee who is determined to be eligible for vocational rehabilitation services pursuant to NRS 616C.550 or 616C.555 on or after January 1, 2000, even if the industrial injury of that employee was sustained before January 1, 2000.
Sec. 139.4. 1. The positions of the three persons appointed pursuant to NRS 616B.167 to serve as ombudsmen for the state industrial insurance system and two persons appointed pursuant to NRS 616B.167 to assist those ombudsmen, including, without limitation, the equipment and supplies associated with and necessary to carry out the duties of those positions, are hereby transferred to the office for consumer health assistance created pursuant to section 86.6 of this act.
2. There is hereby appropriated from the fund for workers’ compensation and safety established pursuant to NRS 616A.425 to the office of the governor to pay for the salaries and related expenses of the positions transferred to the office for consumer health assistance pursuant to subsection 1:
For fiscal year 1999-2000 $262,085
For fiscal year 2000-2001 $325,848
3. The position of one person within the health division of the department of human resources that is funded from the budget account for sexually transmitted disease control is hereby transferred to the office for consumer health assistance created pursuant to section 86.6 of this act.
4. The following sums appropriated by the 1999 Nevada Legislature to fund the position transferred to the office for consumer health assistance pursuant to subsection 3 are hereby transferred to the office of the governor to pay the salary and related expenses of that position:
For fiscal year 1999-2000 $36,248
For fiscal year 2000-2001 $50,314
5. The position of one person within the division of health care financing and policy of the department of human resources that is funded from the budget account for the Nevada Check-Up Program is hereby transferred to the office for consumer health assistance created pursuant to section 86.6 of this act.
6. The following sums are authorized for expenditure by the office for consumer health assistance created pursuant to section 86.6 of this act:
For fiscal year 1999-2000 $11,047
For fiscal year 2000-2001 $14,925
7. The sums transferred, appropriated or authorized for expenditure pursuant to this section must be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work programmed for the 2 separate fiscal years, 1999-2000 and 2000-2001, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration and in accordance with the provisions of the State Budget Act.
8. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.".
Amend sec. 140, page 85, by deleting lines 32 through 37 and inserting:
"2. Sections 2, 3, 12.5, 86.1, 86.2, 86.6 to 86.9, inclusive, 96.5, 116, 122, 126.3, 127.5 and, 135 of this act become effective on July 1, 1999.
3. Section 86.4 of this act becomes effective on July 1, 1999, only if Assembly Bill No. 660 of this session is enacted by the legislature.
4. Sections 20.5, 35, 89, 117 and 139.4 of this act become effective at 12:01 a.m. on July 1, 1999.
5. Sections 20, 24, 25, 26 and 96 and subsection 1 of section 132 of this act become effective on the date the governor issues a proclamation pursuant to subsection 1 of section 129 of this act.
6. Sections 29 and 126.5 of this act become effective on the date the governor issues a proclamation pursuant to subsection 1 of section 129 of this act, only if the governor issues the proclamation before October 1, 1999.
7. Section 29.5 of the act becomes effective:
(a) At 12:01 a.m. on October 1, 1999, only if the governor issues a proclamation pursuant to subsection 1 of section 129 of this act on October 1, 1999; or
(b) On the date the governor issues a proclamation pursuant to subsection 1 of section 129 of this act, only if the governor issues the proclamation after October 1, 1999.
8. Sections 49.5, 52.5, 53.5, 57.2, 57.4, 62.1 to 62.5, inclusive, 68.2 to 68.8, inclusive, 80.5 and 139.2 of this act become effective on January 1, 2000.
9. Sections 1, 4 to 12, inclusive, 13 to 19, inclusive, 21, 22, 23, 28, 30 to 34, inclusive, 36 to 49, inclusive, 50, 51, 52, 53, 54 to 57, inclusive, 58 to 62, inclusive, 64 to 68, inclusive, 69 to 80, inclusive, 81 to 86, inclusive, 87, 88, 90 to 95, inclusive, 97 to 115, inclusive, 118 to 121,".
Amend sec. 140, page 86, by deleting line 1 and inserting:
"10. Section 63 of this act becomes effective at 12:01 a.m. on January 1, 2000, only if, on that date, the manager of the state industrial insurance system transfers the assets of the state industrial insurance system to a domestic mutual insurance company pursuant to section 129 of this act.
11. Sections 20, 96, 116 and 122 of this act expire by limitation on".
Amend sec. 140, page 86, line 5, by deleting "6." and inserting "12.".
Amend sec. 140, page 86, line 6, by deleting "7." and inserting "13.".
Amend the title of the bill to read as follows:
"AN ACT relating to insurance; authorizing the manager of the state industrial insurance system to establish a domestic mutual insurance company to transact industrial insurance and other casualty and property insurance in this state; abolishing the state industrial insurance system and authorizing the transfer of the assets of the system to the company under certain circumstances; allowing certain employees of the system and the company to retain their rights to reemployment in the executive branch of state government under certain circumstances; authorizing hearing and appeals officers to order an insurer to reimburse an injured employee for the expense of a second determination of disability under certain circumstances; revising the provisions governing the effect on the availability of compensation of a preexisting condition and of an aggravation of an industrial injury or disease that is not related to employment; revising the provisions governing the determination and provision of compensation for permanent total disability, temporary total disability and permanent partial disability; expanding the maximum length of certain programs of vocational rehabilitation; authorizing vocational rehabilitation services to be provided outside of this state under certain circumstances; creating the office for consumer health assistance; making an appropriation; and providing other matters properly relating thereto.".