Senate Bill No. 355–Senator Care
March 10, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Authorizes injured employee to select provider of health care who does not belong to organization for managed care under certain circumstances. (BDR 53-1263)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616B.527 is hereby amended to read as follows: 616B.527 A self-insured employer, an association of self-insured1-3
public or private employers or a private carrier may:1-4
1. Enter into a contract or contracts with one or more organizations for1-5
managed care to provide comprehensive medical and health care services to1-6
employees for injuries and diseases that are compensable pursuant to1-7
chapters 616A to 617, inclusive, of NRS.1-8
2. Enter into a contract or contracts with providers of health care,1-9
including, without limitation, physicians who provide primary care,1-10
specialists, pharmacies, physical therapists, radiologists, nurses, diagnostic1-11
facilities, laboratories, hospitals and facilities that provide treatment to1-12
outpatients, to provide medical and health care services to employees for1-13
injuries and diseases that are compensable pursuant to chapters 616A to1-14
617, inclusive, of NRS.1-15
3. Use the services of an organization for managed care that has1-16
entered into a contract with the manager pursuant to NRS 616B.515, but is1-17
not required to use such services.2-1
4.2-2
require employees to obtain medical and health care services for their2-3
industrial injuries from those organizations and persons with whom the2-4
self-insured employer, association or private carrier has contracted pursuant2-5
to subsections 1 and 2, or as the self-insured employer, association or2-6
private carrier otherwise prescribes.2-7
5.2-8
require employees to obtain the approval of the self-insured employer,2-9
association or private carrier before obtaining medical and health care2-10
services for their industrial injuries from a provider of health care who has2-11
not been previously approved by the self-insured employer, association or2-12
private carrier.2-13
Sec. 2. Chapter 616C of NRS is hereby amended by adding thereto a2-14
new section to read as follows:2-15
Notwithstanding the provisions of NRS 616B.518, 616B.524, 616B.5272-16
and 616C.090 that limit the physicians and chiropractors from whom an2-17
injured employee may select his treating physician or chiropractor or2-18
otherwise indicate a limitation in the choice of providers of health care2-19
for the injured employee, if:2-20
1. The insurer of an injured employee’s employer has entered into a2-21
contract with an organization for managed care; and2-22
2. The injured employee’s treating physician or chiropractor2-23
determines that the injured employee requires certain medical or health2-24
care services that the treating physician or chiropractor does not provide2-25
and orders the provision of such treatment,2-26
the injured employee may select a provider of health care who provides2-27
such services but who is not a member of the organization for managed2-28
care, if the provider agrees to accept the terms of that organization’s plan2-29
for managed care.2-30
Sec. 3. NRS 616C.090 is hereby amended to read as follows: 616C.090 1. The administrator shall establish a panel of physicians2-32
and chiropractors who have demonstrated special competence and interest2-33
in industrial health to treat injured employees under chapters 616A to2-34
616D, inclusive, of NRS. Every employer whose insurer has not entered2-35
into a contract with an organization for managed care pursuant to NRS2-36
616B.515 shall maintain a list of those physicians and chiropractors on the2-37
panel who are reasonably accessible to his employees.2-38
2. An injured employee whose insurer has not entered into a contract2-39
with an organization for managed care may choose his treating physician or2-40
chiropractor from the panel of physicians and chiropractors. If the injured2-41
employee is not satisfied with the first physician or chiropractor he so2-42
chooses, he may make an alternative choice of physician or chiropractor2-43
from the panel if the choice is made within 90 days after his injury. The3-1
insurer shall notify the first physician or chiropractor in writing. The notice3-2
must be postmarked within 3 working days after the insurer receives3-3
knowledge of the change. The first physician or chiropractor must be3-4
reimbursed only for the services he rendered to the injured employee up to3-5
and including the date of notification. Any further change is subject to the3-6
approval of the insurer, which must be granted or denied within 10 days3-7
after a written request for such a change is received from the injured3-8
employee. If no action is taken on the request within 10 days, the request3-9
shall be deemed granted. Any request for a change of physician or3-10
chiropractor must include the name of the new physician or chiropractor3-11
chosen by the injured employee.3-12
3. An injured employee employed or residing in any county in this state3-13
whose insurer has entered into a contract with an organization for managed3-14
care must choose his treating physician or chiropractor pursuant to the3-15
terms of that contract. If the employee, after choosing his treating physician3-16
or chiropractor, moves to a county which is not served by the organization3-17
for managed care and the insurer determines that it is impractical for the3-18
employee to continue treatment with the physician or chiropractor, the3-19
employee must choose a treating physician or chiropractor who has agreed3-20
to the terms of that contract unless the insurer authorizes the employee to3-21
choose another physician or chiropractor.3-22
4. Except when emergency medical care is required and except as3-23
otherwise provided in NRS 616C.055, and section 2 of this act, the insurer3-24
is not responsible for any charges for medical treatment or other accident3-25
benefits furnished or ordered by any physician, chiropractor or other person3-26
selected by the employee in disregard of the provisions of this section or3-27
for any compensation for any aggravation of the employee’s injury3-28
attributable to improper treatments by such physician, chiropractor or other3-29
person.3-30
5. The administrator may order necessary changes in a panel of3-31
physicians and chiropractors and shall suspend or remove any physician or3-32
chiropractor from a panel for good cause shown.3-33
6. An injured employee may receive treatment by more than one3-34
physician or chiropractor if , except as otherwise provided in section 2 of3-35
this act, the insurer provides written authorization for such treatment.3-36
Sec. 4. NRS 616C.135 is hereby amended to read as follows: 616C.135 1. A provider of health care who accepts a patient as a3-38
referral for the treatment of an industrial injury or an occupational disease3-39
may not charge the patient for any treatment related to the industrial injury3-40
or occupational disease, but must charge the insurer. The provider of health3-41
care may charge the patient for any other unrelated services which are3-42
requested in writing by the patient.4-1
2. The insurer is liable for the charges for approved services if the4-2
charges do not exceed:4-3
(a) The fees established in accordance with NRS 616C.260 or the usual4-4
fee charged by that person or institution, whichever is less; and4-5
(b) The charges provided for by the contract between the provider of4-6
health care and the4-7
4-8
(1) Insurer; or4-9
(2) Organization for managed care4-10
health care is a member of that organization or is not a member but has4-11
agreed to accept the terms of that organization’s plan for managed care.4-12
3. If a provider of health care, an organization for managed care, an4-13
insurer or an employer violates the provisions of this section, the4-14
administrator shall impose an administrative fine of not more than $250 for4-15
each violation.~