1-3 obtained from any employing unit or person pursuant to the administration

1-4 of this chapter and any determination as to the benefit rights of any person

1-5 is confidential and may not be disclosed or be open to public inspection in

1-6 any manner which would reveal the person’s or employing unit’s identity.

1-7 2. Any claimant or his legal representative is entitled to information

1-8 from the records of the division, to the extent necessary for the proper

1-9 presentation of his claim in any proceeding pursuant to this chapter. A

1-10 claimant or an employing unit is not entitled to information from the

4-29 properties, securities, funds, deposits, contracts and awards received,

4-30 collected, acquired, established or made by the [Nevada industrial

4-31 commission before July 1, 1947, and under the provisions of chapter 111,

4-32 Statutes of Nevada 1913,] state industrial insurance system under the

4-33 provisions of chapters 616A to 617, inclusive, of NRS before January 1,

4-34 2000, continue in full force and effect, and the rights, obligations and

4-35 liabilities of the [commission] system thereunder must be assumed and

4-36 performed by the [system created in chapters 616A to 616D, inclusive, of

4-37 NRS.] successor organization of the system.

4-38 2. All proceedings must be had and rights determined under the

4-39 provisions of [chapter 111, Statutes of Nevada 1913, and acts amendatory

4-40 thereof and supplemental thereto,] chapters 616A to 617, inclusive, of

4-41 NRS on any claims or actions pending or causes of action existing on [June

5-3 unless the context otherwise requires, the words and terms defined in NRS

5-4 616A.030 to 616A.360, inclusive, and section 4 of this act, have the

5-8 and licensed by the commissioner to file the classifications of risks for

5-9 private carriers [and the system] pursuant to chapters 616A to 616D,

5-13 (a)] Any:

5-14 1. Teacher who, as part of the program to offer pupils who are enrolled

5-15 in grades 7 through 12, inclusive, the skills to make the transition from

5-16 school to careers established pursuant to NRS 388.368, works without pay

5-17 for an employer other than the school district, university or community

5-18 college with which the teacher is employed, and is not specifically covered

5-19 by any other provisions of chapters 616A to 616D, inclusive, of NRS,

5-20 while engaging in that work; or

5-21 [(b)] 2. Pupil who, as part of the program to offer pupils who are

5-22 enrolled in grades 7 through 12, inclusive, the skills to make the transition

5-23 from school to careers established pursuant to NRS 388.368, works without

5-24 pay for an employer,

5-25 shall be deemed for the purposes of chapters 616A to 616D, inclusive, of

5-26 NRS to be an employee of that employer at the wage of $900 per month.

5-27 The teacher or pupil is entitled to the benefits of those chapters when the

5-28 employer complies with the provisions of those chapters and the regulations

5-29 adopted pursuant thereto.

5-30 [2. A person who is insured by the system and is deemed to be the

5-31 employer of a teacher or pupil pursuant to subsection 1 shall:

5-32 (a) Report to the insurer the name of the teacher or pupil and the

5-33 classification of risk assigned for the teacher or pupil; and

5-34 (b) Pay the premium for each month or portion thereof for which the

5-38 1. [The state industrial insurance system;

5-39 2.] A self-insured employer;

5-40 [3.] 2. An association of self-insured public employers;

5-41 [4.] 3. An association of self-insured private employers; and

6-3 representative of an insurer authorized to provide industrial insurance

6-4 pursuant to chapters 616A to 617, inclusive, of NRS. The term does not

6-5 include a self-insured employer [,] or an association of self-insured public

6-9 1. Prescribe by regulation the time within which adjudications and

6-10 awards must be made.

6-11 2. Regulate forms of notices, claims and other blank forms deemed

6-12 proper and advisable.

6-13 3. Prescribe by regulation the methods by which an insurer may

6-14 approve or reject claims, and may determine the amount and nature of

6-15 benefits payable in connection therewith.

6-16 4. Prescribe by regulation the method for reimbursing an injured

6-17 employee for expenses necessarily incurred for travel more than 20 miles

6-18 one way from his residence or place of employment to his destination as a

6-19 result of an industrial injury.

6-20 5. Determine whether an insurer has provided adequate facilities in this

6-21 state to administer claims and for the retention of a file on each claim.

6-22 6. Evaluate the services of private carriers [and the system] provided to

6-23 employers in:

6-24 (a) Controlling losses; and

6-25 (b) Providing information on the prevention of industrial accidents or

6-26 occupational diseases.

6-27 7. Conduct such investigations and examinations of insurers as he

6-28 deems reasonable to determine whether any person has violated the

6-29 provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or

6-30 to obtain information useful to enforce or administer these chapters.

6-31 8. Except with respect to any matter committed by specific statute to

6-32 the regulatory authority of another person or agency, adopt such other

6-33 regulations as he deems necessary to carry out the provisions of chapters

6-37 division shall:

6-38 (a) Regulate insurers pursuant to chapters 616A to 617, inclusive, of

6-39 NRS; [and]

6-40 (b) Investigate insurers regarding compliance with statutes and the

6-41 division’s regulations [.] ;

6-42 (c) Determine whether an employee leasing company is entitled to a

7-26 insured employer, association of self-insured public or private employers

7-27 and private carrier shall compensate the [system, the] office of the Nevada

7-28 attorney for injured workers or the hearings division of the department of

7-29 administration, as appropriate, for all services which the [system, the]

7-30 occupational safety and health review board, the Nevada attorney for

7-31 injured workers, the mediators and the appeals officers provide to those

7-32 employers. The cost of any service must be negotiated by the employer,

7-33 association or private carrier , and [the system,] the Nevada attorney for

7-34 injured workers or the division, as appropriate, before the employer,

7-35 association or private carrier is charged for the service.

7-36 2. All compensation must be on the basis of actual cost and not on a

7-37 basis which includes any subsidy for the [system, the] office of the Nevada

7-41 system or the administrator, upon request, all information required to carry

7-42 out the purposes of chapters 616A to 616D, inclusive, of NRS. The

8-13 insured by the system must be open to inspection by the administrator, the

8-14 system or its auditor or agent or by auditors of the department of taxation to

8-15 determine:

8-16 (a) The accuracy of the payroll;

8-17 (b) The number of persons employed; and

8-18 (c) Any other information necessary for the administration of chapters

8-19 616A to 617, inclusive, of NRS.

8-20 2.] The books, records and payroll of an employer who is self-insured,

8-21 a member of an association of self-insured public or private employers or

8-22 insured by a private carrier must be open to inspection by the administrator

10-16 (a) An office in this state operated by the insurer or its third-party

10-17 administrator in which:

10-18 (1) A complete file of each claim is kept;

10-19 (2) Persons authorized to act for the insurer and, if necessary, licensed

10-20 pursuant to chapter 683A of NRS, may receive information related to a

10-21 claim and provide the services to an employer and his employees required

10-22 by chapters 616A to 617, inclusive, of NRS; and

10-23 (3) An employee or his employer, upon request, is provided with

10-24 information related to a claim filed by the employee or a copy of the

10-25 information from the file for that claim.

10-26 (b) Statewide, toll-free telephone service to that office or accept collect

10-27 calls from injured employees.

10-28 2. [The system and each] Each private carrier shall provide:

10-29 (a) Adequate services to its insured employers in controlling losses; and

10-30 (b) Adequate information on the prevention of industrial accidents and

10-34 [or the system:]

10-35 (a) Must be in writing;

10-36 (b) Must contain the insuring agreements and exclusions;

10-37 (c) Is subject to chapters 616A to 617, inclusive, of NRS and regulations

10-38 adopted pursuant to those chapters; and

10-39 (d) If it contains a provision inconsistent with this chapter or chapter

10-40 616A, 616C, 616D or 617 of NRS, shall be deemed to be reformed to

10-41 conform with that chapter.

10-42 2. The commissioner shall, by regulation, prescribe the basic policy to

11-3 provide industrial insurance for an organization or association of employers

11-4 as a group if:

11-5 (a) The members of the group or organization are engaged in a common

11-6 trade or business; and

11-7 (b) The formation and operation of a program of industrial insurance for

11-8 the organization or association will substantially assist in the handling of

11-9 claims and the prevention of accidents for the employers as a group.

11-10 2. The commissioner must approve each group or organization before a

11-11 policy of industrial insurance may be issued to it.

11-12 3. The commissioner shall adopt regulations for the qualification of

11-16 established as an independent actuarially funded system to insure

11-17 employers against liability for injuries and occupational diseases for which

11-18 their employees may be entitled to receive compensation pursuant to

11-19 chapters 616A to 616D, inclusive, of NRS or chapter 617 of NRS, and the

11-20 federal [Longshoremen’s] Longshore and Harbor Workers’ Compensation

11-21 Act [.] , 33 U.S.C. §§ 901 et seq. The system may create one or more

11-22 entities to carry out the business of the system, which may be operated

11-23 under any legal name in addition to the state industrial insurance system on

11-24 behalf of the system.

11-25 2. The system is a public agency which administers and is supported by

11-26 the state insurance fund. The executive and legislative departments of the

11-27 state government shall regularly review the system.

11-28 3. The system is entitled but not required to use any services provided

11-29 to state agencies. [Except as otherwise provided for specified positions, its

11-33 the unclassified service of the state and are] entitled to receive annual

11-34 salaries fixed by the manager.

11-35 2. The assistant managers shall serve at the pleasure of the manager.

11-36 3. The assistant managers must be graduates of a 4-year college or

11-37 university with a degree in business administration or public administration

12-3 include:

12-4 (a) All premiums and other money paid to the system;

12-5 (b) All property and securities acquired through the use of money in the

12-6 state insurance fund; and

12-7 (c) All interest and dividends earned upon money in the state insurance

12-8 fund and deposited or invested as provided in chapters 616A to 616D,

12-9 inclusive, of NRS.

12-10 2. The system shall [:

12-11 (a) Report to the commissioner only its financial statement and results of

12-12 operations for the account for current claims in accordance with those

12-13 accounting principles that are prescribed by the commissioner and applied

12-14 to other insurers providing coverage for workers’ compensation.

12-15 (b) Discount] discount its reserve for losses for accounting periods

12-16 beginning on or after July 1, 1995, at a rate determined by the manager, but

12-17 not to exceed 4 percent.

12-18 [(c) Allocate to the account for the administration of extended claims

12-22 premiums, contributions, penalties, bonds, securities and all other

12-23 properties received, collected or acquired by the system pursuant to the

12-24 terms of chapters 616A to 616D, inclusive, of NRS:

12-25 (a) Must be credited on the records of the system to the state insurance

12-26 fund.

12-27 (b) Constitute, for the purpose of custody thereof, the state insurance

12-28 fund, which must be held by the manager as custodian thereof for the

12-29 benefit of employees and their dependents within the provisions of chapters

12-30 616A to 616D, inclusive, of NRS. The manager is liable on his official

12-31 bond for the faithful performance of his custodial duty.

12-32 2.] The commissioner or the administrator may delegate to a hearing

12-33 officer or panel his authority to take any disciplinary action pursuant to

12-34 NRS 616B.318, 616B.321, 616B.350 to 616B.446, inclusive, 616B.472 or

12-35 616D.120, impose and collect administrative fines pursuant to those

12-36 sections and deposit the money in the fund for workers’ compensation and

12-37 safety.

12-38 [3.] 2. If a hearing officer or panel is not authorized to take disciplinary

12-39 action pursuant to subsection [2] 1 and the commissioner or the

12-40 administrator deposits the money collected from the imposition of

13-6 1. Has full power, authority and jurisdiction over the system.

13-7 2. May perform all acts necessary or convenient in the exercise of any

13-8 power, authority or jurisdiction over the system, either in the administration

13-9 of the system or in connection with the business of insurance to be carried

13-10 on by the system under the provisions of chapters 616A to 616D, inclusive,

13-11 of NRS, including the establishment of premium rates.

13-12 3. May appoint [in the unclassified service of the state no] not more

13-13 than five persons, engaged in management, who report directly to the

13-14 manager or an assistant manager. The manager shall designate these

13-15 positions, and may not change them without the approval of the personnel

13-16 commission. These persons are entitled to receive annual salaries fixed by

13-20 in work in a prison industry or work program, whether the program is

13-21 operated by an institution of the department of prisons, by contract with a

13-22 public entity or by a private employer, is entitled to coverage under the

13-23 modified program of industrial insurance established by regulations

13-24 adopted by the [system when] administrator if the director of the

13-25 department of prisons [requests such coverage and] complies with the

13-26 provisions of the regulations, and coverage is approved by [the system.] a

13-27 private carrier.

13-28 2. An offender is limited to the rights and remedies established by the

13-29 provisions of the modified program of industrial insurance established by

13-30 regulations adopted by the [system.] administrator. The offender is not

13-31 entitled to any rights and remedies established by the provisions of chapters

13-32 616A to 617, inclusive, of NRS.

13-33 3. The [system] administrator shall, in cooperation with the

13-34 department of prisons and the risk management division of the department

13-35 of administration, adopt regulations setting forth a modified program of

13-36 industrial insurance to provide offenders with industrial insurance against

13-37 personal injuries arising out of and in the course of their work in a prison

13-41 performance of his duties pursuant to chapters 616A to 616D, inclusive, of

14-7 member of an association of self-insured public or private employers shall,

14-8 at intervals established by his insurer, furnish the insurer with a true and

14-9 accurate payroll showing:

14-10 (a) The total amount paid to employees for services performed;

14-11 (b) The amount of tips reported to him by every employee pursuant to

14-12 26 U.S.C. § 6053(a) whose tips in cash totaled $20 or more; and

14-13 (c) A segregation of employment in accordance with the requirements of

14-14 the commissioner,

14-15 together with the premium due thereon. The payroll and premium must be

14-16 furnished to the insurer on or before the date established by the insurer for

14-17 the receipt of the payroll and premium.

14-18 2. Any employer by agreement in writing with the insurer may arrange

14-19 for the payment of premiums in advance at an interval established by the

14-20 insurer.

14-21 3. [Failure] The failure of any employer to comply with the provisions

14-22 of this section [and NRS 616B.218] operates as a rejection of chapters

14-23 616A to 616D, inclusive, and chapter 617 of NRS . [, effective at the

14-24 expiration of the period covered by his estimate.] The insurer shall notify

14-25 the administrator of each such rejection [.] within the period specified in

14-26 NRS 616B.460.

14-27 4. If an audit of the accounts or actual payroll of an employer shows

14-28 that the actual premium earned exceeds the estimated premium paid in

14-29 advance, the insurer may require the payment of money sufficient to cover

14-30 the deficit, together with such an amount as in his judgment constitutes an

14-31 adequate advance premium for the period covered by the estimate.

14-32 5. The insurer shall notify any employer or his representative by first-

14-33 class mail of any failure on his part to comply with the provisions of this

14-34 section. The notice or its omission does not modify or waive the

14-35 requirements or effective rejection of chapters 616A to 616D, inclusive, of

14-36 NRS as otherwise provided in those chapters.

14-37 6. [The system may impose a penalty not to exceed 10 percent of the

14-38 premiums which are due for the failure of an employer insured by the

14-39 system to submit the information and premium required in subsection 1

14-40 within the time allowed, unless the employer has applied for and been

14-41 granted an extension of that time by the manager.

14-42 7.] To the extent permitted by federal law, the insurer shall vigorously

15-5 (a) Make a copy of each report that an employee files with the employer

15-6 pursuant to 26 U.S.C. § 6053(a) to report the amount of his tips to the

15-7 United States Internal Revenue Service;

15-8 (b) Submit the copy to [the system or] his private carrier upon request

15-9 and retain another copy for his records or, if the employer is self-insured or

15-10 a member of an association of self-insured public or private employers,

15-11 retain the copy for his records; and

15-12 (c) If he is not self-insured or a member of an association of self-insured

15-13 public or private employers, pay the [system or] private carrier the

15-14 premiums for the reported tips at the same rate as he pays on regular wages.

15-15 2. The division shall adopt regulations specifying the form of the

15-16 declaration required pursuant to subsection 1.

15-17 3. The [system,] private carrier, self-insured employer or association

15-18 shall calculate compensation for an employee on the basis of wages paid by

15-19 the employer plus the amount of tips reported by the employee pursuant to

15-20 26 U.S.C. § 6053. Reports made after the date of injury may not be used

15-21 for the calculation of compensation.

15-22 4. An employer shall notify his employees of the requirement to report

15-23 income from tips for the purposes of calculating his federal income tax and

15-24 for including the income in the computation of benefits pursuant to chapters

15-25 616A to 616D, inclusive, of NRS.

15-26 5. The administrator shall adopt such regulations as are necessary to

15-30 year, every] Every state office, department, board, commission, bureau,

15-31 agency or institution, operating by authority of law, and [the auditor or

15-32 comptroller of each county, and the clerk or other chief financial officer of]

15-33 each county, city, school district and other political subdivision [insured by

15-34 the system shall furnish the manager with an accurate payroll of the state

15-35 office, department, board, commission, bureau, agency or institution, and

15-36 county, metropolitan police department, city, or school district or other

15-37 political subdivision showing:

15-38 (a) The aggregate number of shifts worked during the preceding quarter.

15-39 (b) The total amount paid to employees for services performed during

15-40 the quarter.

15-41 (c) A segregation of employment in accordance with the requirements of

16-14 association of self-insured public or private employers, the employer must:

16-15 (a) Submit an application for membership to the board of trustees or

16-16 third-party administrator of the association; and

16-17 (b) Enter into an indemnity agreement as required by NRS 616B.353.

16-18 2. The membership of the applicant becomes effective when each

16-19 member of the association approves the application or on a later date

16-20 specified by the association. The application for membership and the action

16-21 taken on the application must be maintained as permanent records of the

16-22 board of trustees.

16-23 3. Each member who is a member of an association during the 12

16-24 months immediately following the formation of the association must:

16-25 (a) Have a tangible net worth of at least $500,000; or

16-26 (b) Have had a reported payroll for the previous 12 months which would

16-27 have resulted in a manual premium [calculated according to the regulations

16-28 adopted pursuant to NRS 616B.206] of at least $15,000 [.] , calculated in

16-29 accordance with a manual prepared pursuant to subsection 4 of NRS

16-30 686B.1765.

16-31 Any employer who seeks to become a member of the association

16-32 subsequently must meet the requirement set forth in paragraph (a) or (b)

16-33 unless the commissioner adjusts the requirement for membership in the

16-34 association after conducting an annual review of the actuarial solvency of

16-35 the association pursuant to subsection 1 of NRS 616B.353.

16-36 4. Except as otherwise provided in NRS 616B.389, a member of an

16-37 association may terminate his membership at any time. To terminate his

16-38 membership, a member must submit to the association’s administrator a

16-39 notice of intent to withdraw from the association at least 120 days before

16-40 the effective date of withdrawal. The association’s administrator shall,

16-41 within 10 days after receipt of the notice, notify the commissioner of the

18-40 from a private carrier for his employees pursuant to chapters 616A to 617,

18-41 inclusive, of NRS.

18-42 2. An employer may elect to purchase insurance from an insurer other

19-11 insurance administered by a third-party administrator.

19-12 2. An insurer shall not enter into a contract with any person for the

19-13 administration of any part of the plan of insurance unless that person

19-14 maintains an office in this state and has a valid certificate issued by the

19-15 commissioner pursuant to NRS 683A.085. [The system may, as a part of a

19-16 contract entered into with an organization for managed care pursuant to

19-17 NRS 616B.515, require the organization to act as its third-party

19-21 public or private employers or a private carrier may:

19-22 1. Enter into a contract or contracts with one or more organizations for

19-23 managed care to provide comprehensive medical and health care services to

19-24 employees for injuries and diseases that are compensable pursuant to

19-25 chapters 616A to 617, inclusive, of NRS.

19-26 2. Enter into a contract or contracts with providers of health care,

19-27 including, without limitation, physicians who provide primary care,

19-28 specialists, pharmacies, physical therapists, radiologists, nurses, diagnostic

19-29 facilities, laboratories, hospitals and facilities that provide treatment to

19-30 outpatients, to provide medical and health care services to employees for

19-31 injuries and diseases that are compensable pursuant to chapters 616A to

19-32 617, inclusive, of NRS.

19-33 3. [Use the services of an organization for managed care that has

19-34 entered into a contract with the manager pursuant to NRS 616B.515, but is

19-35 not required to use such services.

19-36 4.] Require employees to obtain medical and health care services for

19-37 their industrial injuries from those organizations and persons with whom

19-38 the self-insured employer, association or private carrier has contracted

19-39 pursuant to subsections 1 and 2, or as the self-insured employer, association

19-40 or private carrier otherwise prescribes.

19-41 [5.] 4. Require employees to obtain the approval of the self-insured

19-42 employer, association or private carrier before obtaining medical and health

20-5 the state treasury the subsequent injury fund for self-insured employers,

20-6 which may be used only to make payments in accordance with the

20-7 provisions of NRS 616B.557 and 616B.560. The board shall administer the

20-8 fund based upon recommendations made by the administrator pursuant to

20-9 subsection 8.

20-10 2. All assessments, penalties, bonds, securities and all other properties

20-11 received, collected or acquired by the board for the subsequent injury fund

20-12 for self-insured employers must be delivered to the custody of the state

20-13 treasurer.

20-14 3. All money and securities in the fund must be held by the state

20-15 treasurer as custodian thereof to be used solely for workers’ compensation

20-16 for employees of self-insured employers.

20-17 4. The state treasurer may disburse money from the fund only upon

20-18 written order of the board.

20-19 5. The state treasurer shall invest money of the fund in the same

20-20 manner and in the same securities in which he is authorized to invest state

20-21 general funds which are in his custody. Income realized from the

20-22 investment of the assets of the fund must be credited to the fund.

20-23 6. The board shall adopt regulations for the establishment and

20-24 administration of assessment rates, payments and penalties. Assessment

20-25 rates must reflect the relative hazard of the employments covered by self-

20-26 insured employers, and must be based upon expected annual expenditures

20-27 for claims for payments from the subsequent injury fund for self-insured

20-28 employers. [The system must not be required to pay any assessments,

20-29 payments or penalties into the subsequent injury fund for self-insured

20-30 employers, or any costs associated with the fund.]

20-31 7. The commissioner shall assign an actuary to review the

20-32 establishment of assessment rates. The rates must be filed with the

20-33 commissioner 30 days before their effective date. Any self-insured

20-34 employer who wishes to appeal the rate so filed must do so pursuant to

20-35 NRS 679B.310.

20-36 8. The administrator shall:

20-37 (a) Evaluate any claim submitted to the board for payment or

20-38 reimbursement from the subsequent injury fund for self-insured employers

20-39 and recommend to the board any appropriate action to be taken concerning

20-40 the claim; and

21-3 the state treasury the subsequent injury fund for associations of self-insured

21-4 public or private employers, which may be used only to make payments in

21-5 accordance with the provisions of NRS 616B.578 and 616B.581. The

21-6 board shall administer the fund based upon recommendations made by the

21-7 administrator pursuant to subsection 8.

21-8 2. All assessments, penalties, bonds, securities and all other properties

21-9 received, collected or acquired by the board for the subsequent injury fund

21-10 for associations of self-insured public or private employers must be

21-11 delivered to the custody of the state treasurer.

21-12 3. All money and securities in the fund must be held by the state

21-13 treasurer as custodian thereof to be used solely for workers’ compensation

21-14 for employees of members of associations of self-insured public or private

21-15 employers.

21-16 4. The state treasurer may disburse money from the fund only upon

21-17 written order of the board.

21-18 5. The state treasurer shall invest money of the fund in the same

21-19 manner and in the same securities in which he is authorized to invest state

21-20 general funds which are in his custody. Income realized from the

21-21 investment of the assets of the fund must be credited to the fund.

21-22 6. The board shall adopt regulations for the establishment and

21-23 administration of assessment rates, payments and penalties. Assessment

21-24 rates must reflect the relative hazard of the employments covered by

21-25 associations of self-insured public or private employers, and must be based

21-26 upon expected annual expenditures for claims for payments from the

21-27 subsequent injury fund for associations of self-insured public or private

21-28 employers. [The system must not be required to pay any assessments,

21-29 payments or penalties into the subsequent injury fund for associations of

21-30 self-insured public or private employers, or any costs associated with the

21-31 fund.]

21-32 7. The commissioner shall assign an actuary to review the

21-33 establishment of assessment rates. The rates must be filed with the

21-34 commissioner 30 days before their effective date. Any association of self-

21-35 insured public or private employers that wishes to appeal the rate so filed

21-36 must do so pursuant to NRS 679B.310.

21-37 8. The administrator shall:

21-38 (a) Evaluate any claim submitted to the board for payment or

21-39 reimbursement from the subsequent injury fund for associations of self-

21-40 insured public or private employers and recommend to the board any

21-41 appropriate action to be taken concerning the claim; and

22-3 the state treasury the subsequent injury fund for private carriers, which may

22-4 be used only to make payments in accordance with the provisions of NRS

22-5 616B.587 and 616B.590. The administrator shall administer the fund.

22-6 2. All assessments, penalties, bonds, securities and all other properties

22-7 received, collected or acquired by the administrator for the subsequent

22-8 injury fund for private carriers must be delivered to the custody of the state

22-9 treasurer.

22-10 3. All money and securities in the fund must be held by the state

22-11 treasurer as custodian thereof to be used solely for workers’ compensation

22-12 for employees whose employers are insured by private carriers.

22-13 4. The state treasurer may disburse money from the fund only upon

22-14 written order of the state controller.

22-15 5. The state treasurer shall invest money of the fund in the same

22-16 manner and in the same securities in which he is authorized to invest state

22-17 general funds which are in his custody. Income realized from the

22-18 investment of the assets of the fund must be credited to the fund.

22-19 6. The administrator shall adopt regulations for the establishment and

22-20 administration of assessment rates, payments and penalties. Assessment

22-21 rates must reflect the relative hazard of the employments covered by private

22-22 carriers and must be based upon expected annual expenditures for claims

22-23 for payments from the subsequent injury fund for private carriers. [The

22-24 system must not be required to pay any assessments, payments or penalties

22-25 into the subsequent injury fund for private carriers, or any costs associated

22-26 with the fund.]

22-27 7. The commissioner shall assign an actuary to review the

22-28 establishment of assessment rates. The rates must be filed with the

22-29 commissioner 30 days before their effective date. Any private carrier who

22-33 terms, conditions and provisions of chapters 616A to 616D, inclusive, of

22-34 NRS to secure for himself compensation equivalent to that to which an

22-35 employee is entitled for any accidental injury sustained by the sole

22-36 proprietor which arises out of and in the course of his self-employment by

22-37 filing a written notice of election with the administrator and [the system or]

22-38 a private carrier.

22-39 2. A sole proprietor who elects to accept the terms, conditions and

22-40 provisions of chapters 616A to 616D, inclusive, of NRS shall submit to a

22-41 physical examination before his coverage commences. The [system or the]

23-25 the context otherwise requires:

23-26 1. "Applicant" means a person seeking a certificate of [insurance]

23-27 registration pursuant to NRS 616B.670 to 616B.697, inclusive, to operate

23-28 an employee leasing company.

23-29 2. "Client company" means a company which leases employees, for a

23-30 fee, from an employee leasing company pursuant to a written or oral

23-31 agreement.

23-32 3. "Employee leasing company" means a company which, pursuant to a

23-33 written or oral agreement:

23-34 (a) Places any of the regular, full-time employees of a client company on

23-35 its payroll and, for a fee, leases them to the client company on a regular

23-36 basis without any limitation on the duration of their employment; or

23-37 (b) Leases to a client company:

23-38 (1) Five or more part-time or full-time employees; or

23-39 (2) Ten percent or more of the total number of employees within a

24-11 [insurance] registration must submit to the [manager] administrator a

24-15 (a) The applicant’s name and title of his position with the employee

24-16 leasing company.

24-17 (b) The applicant’s age, place of birth and social security number.

24-18 (c) The applicant’s address.

24-19 (d) The business address of the employee leasing company.

24-20 (e) The business address of the resident agent of the employee leasing

24-21 company, if the applicant is not the resident agent.

24-22 (f) If the applicant is a:

24-23 (1) Partnership, the name of the partnership and the name, address,

24-24 age, social security number and title of each partner.

24-25 (2) Corporation, the name of the corporation and the name, address,

24-26 age, social security number and title of each officer of the corporation.

24-27 (g) Proof of:

24-28 (1) The payment of any taxes required by chapter 364A of NRS.

24-29 (2) The payment of any premiums for industrial insurance required by

24-30 chapters 616A to 617, inclusive, of NRS.

24-31 (3) The payment of contributions or payments in lieu of contributions

24-32 required by chapter 612 of NRS.

24-33 (4) Insurance coverage for any benefit plan from an insurer

24-34 authorized pursuant to Title 57 of NRS that is offered by the employee

24-35 leasing company to its employees.

24-36 [(5) Membership in the National Staff Leasing Association, or its

24-37 successor organization.]

24-38 (h) Any other information the [manager] administrator requires.

24-39 2. Each application must be notarized and signed under penalty of

24-40 perjury:

24-41 (a) If the applicant is a sole proprietorship, by the sole proprietor.

24-42 (b) If the applicant is a partnership, by each partner.

25-16 employment security division of the department of employment, training

25-17 and rehabilitation, shall, and the commissioner of insurance may,]

25-18 administrator may adopt regulations to carry out the provisions of NRS

25-22 leasing company to comply with the provisions of NRS 616B.670 to

25-23 616B.697, inclusive, may be brought against any person who is required to

25-24 sign the application for a certificate of [insurance] registration for the

25-28 one of his dependents, shall provide written notice of an injury that arose

25-29 out of and in the course of employment to the employer of the employee as

25-30 soon as practicable, but within 7 days after the accident.

25-31 2. The notice required by subsection 1 must:

25-32 (a) Be on a form prescribed by the administrator. The form must allow

25-33 the injured employee or his dependent to describe briefly the accident that

25-34 caused the injury or death.

25-35 (b) Be signed by the injured employee or by a person on his behalf, or in

25-36 the event of the employee’s death, by one of his dependents or by a person

25-37 acting on behalf of the dependent.

25-38 (c) Include an explanation of the procedure for filing a claim for

25-39 compensation.

25-40 (d) Be prepared in duplicate so that the injured employee or his

25-41 dependent and the employer can retain a copy of the notice.

25-42 3. Upon receipt of the notice required by subsection 1, the employer,

26-14 charges, use fee schedules which unfairly discriminate among physicians

26-15 and chiropractors.

26-16 2. If a physician or chiropractor is removed from the panel established

26-17 pursuant to NRS 616C.090 or from participation in a plan for managed care

26-18 established pursuant to NRS [616B.515 or] 616B.527, he must not be paid

26-19 for any services rendered to the injured employee after the date of his

26-23 and chiropractors who have demonstrated special competence and interest

26-24 in industrial health to treat injured employees under chapters 616A to

26-25 616D, inclusive, of NRS. Every employer whose insurer has not entered

26-26 into a contract with an organization for managed care or with providers of

26-27 health care services pursuant to NRS [616B.515] 616B.527 shall maintain

26-28 a list of those physicians and chiropractors on the panel who are reasonably

26-29 accessible to his employees.

26-30 2. An injured employee whose employer’s insurer has not entered into

26-31 a contract with an organization for managed care or with providers of

26-32 health care services pursuant to NRS 616B.527 may choose his treating

26-33 physician or chiropractor from the panel of physicians and chiropractors. If

26-34 the injured employee is not satisfied with the first physician or chiropractor

26-35 he so chooses, he may make an alternative choice of physician or

26-36 chiropractor from the panel if the choice is made within 90 days after his

26-37 injury. The insurer shall notify the first physician or chiropractor in writing.

26-38 The notice must be postmarked within 3 working days after the insurer

26-39 receives knowledge of the change. The first physician or chiropractor must

26-40 be reimbursed only for the services he rendered to the injured employee up

26-41 to and including the date of notification. Any further change is subject to

26-42 the approval of the insurer, which must be granted or denied within 10 days

27-32 616C.490 and 617.459, the division shall adopt regulations incorporating

27-33 the American Medical Association’s Guides to the Evaluation of Permanent

27-34 Impairment by reference and may amend those regulations from time to

27-35 time as it deems necessary. In adopting the Guides to the Evaluation of

27-36 Permanent Impairment, the division shall consider the edition most recently

27-37 published by the American Medical Association.

27-38 2. If the Guides to the Evaluation of Permanent Impairment adopted by

27-39 the division contain more than one method of determining the rating of an

27-40 impairment, the administrator shall designate by regulation the method

28-3 616B.600, if an employee who has been hired or is regularly employed in

28-4 this state receives a personal injury by an accident arising out of and in the

28-5 course of such employment outside of this state, he, or his dependents in

28-6 case of his death, are entitled to receive compensation according to the law

28-7 of this state, and such compensation is the exclusive remedy of the

28-8 employee or dependents.

28-9 2. The provisions of this section apply only to those injuries received

28-10 by the employee within 6 months after leaving this state, unless before the

28-11 expiration of the 6-month period the employer has filed with the [system

28-12 or] private carrier or, in the case of a self-insured employer or an

28-13 association of self-insured public or private employers, with the

28-14 administrator notice that he has elected to extend the coverage for a greater

28-18 employed in this state receives a personal injury by an accident arising out

28-19 of and in the course of such employment outside this state, and he, or his

28-20 personal or legal representatives, dependents or next of kin commence any

28-21 action or proceeding in any other state to recover any damages or

28-22 compensation from his employer for the injury or death, the act of

28-23 commencing such an action or proceeding constitutes an irrevocable waiver

28-24 of all compensation for the injury or death to which persons would

28-25 otherwise have been entitled under the laws of this state.

28-26 2. If the injured employee [,] or his personal or legal representatives,

28-27 dependents or next of kin recover a final judgment against the employer for

28-28 damages arising out of the injury or death in any court of competent

28-29 jurisdiction in any other state, the compensation which would otherwise

28-30 have been payable under the laws of this state, up to the full amount

28-31 thereof, but less any sums previously paid for the injury or death, must be

28-32 applied in satisfaction of the judgment as follows:

28-33 (a) Upon receipt of an authenticated copy of the final judgment and writ

28-34 of execution or other process issued in aid thereof, the insurer shall

28-35 immediately determine the total amount of compensation which would have

28-36 been payable under the laws of this state if a claim therefor had been made

28-37 to the insurer. In the case of compensation payable in installments, the

28-38 insurer shall convert it into a lump sum by such a system of computation as

28-39 the administrator deems proper.

28-40 (b) The insurer shall thereupon order to be paid in full or partial

28-41 satisfaction of the judgment a sum not to exceed the total amount of

28-42 compensation computed as provided in this section or the amount of the

29-8 dependents, bring an action in tort against his employer to recover payment

29-9 for an injury which is compensable under chapters 616A to 616D,

29-10 inclusive, or chapter 617 of NRS and, notwithstanding the provisions of

29-11 NRS 616A.020, receive payment from the employer for that injury:

29-12 (a) The amount of compensation the injured employee or his dependents

29-13 are entitled to receive pursuant to the provisions of chapters 616A to 616D,

29-14 inclusive, of NRS, including any future compensation, must be reduced by

29-15 the amount paid by the employer.

29-16 (b) The insurer, or in the case of claims involving the uninsured