Assembly Bill No. 46–Committee on Commerce and
Labor
Prefiled January 26, 2001
(On Behalf of Legislative Committee on
Workers’ Compensation (NRS 218.5375))
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes concerning workers’
compensation that affect eligibility, and amount and payment of benefits. (BDR 53‑773)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to industrial insurance; revising the provision governing tests that are
to be administered to certain police officers and firemen to determine if they
have contagious diseases that qualify for workers’ compensation; requiring the
administrator of the division of industrial relations of the department of
business and industry to designate a vendor of certain data to assist the
administrator in the establishment and revision of a schedule of reasonable
fees for accident benefits; revising the provisions governing the circumstances
under which a closed claim may be reopened; revising the provisions governing
the effect on workers’ compensation if an employee’s injury is caused at least
in part by the absence of a required safeguard or protection; providing a
penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. NRS 616C.052
is hereby amended to read as follows:
1-2 616C.052 1. If a police officer or a salaried or
volunteer fireman is
1-3 exposed to a contagious
disease:
1-4 (a) Upon battery by an offender; or
1-5 (b) While performing the duties of a police officer or fireman,
1-6 the employer of the police
officer or fireman shall create and maintain a
1-7 report concerning the
exposure that includes, without limitation, the name
1-8 of each police officer or
fireman, as applicable, who was exposed to the
1-9 contagious disease and the
name of each person, if any, to whom the police
1-10 officer or fireman was
exposed.
2-1 2. If the employment of a
police officer or a salaried or volunteer
2-2 fireman is terminated,
voluntarily or involuntarily, the employer of the
2-3 police officer or fireman
shall, at the time of termination and at 6 and 12
2-4 months after the date of
termination, provide to the police officer or
2-5 fireman [a blood]
an appropriate test of the blood or skin to
screen for
2-6 contagious diseases . [, including, without limitation, hepatitis A, hepatitis
2-7 B, hepatitis C, tuberculosis and human immunodeficiency virus.] The
test
2-8 must be administered by a physician, a member of his staff, or an
2-9 employee of a medical laboratory in accordance with generally
accepted
2-10 medical practices. If a [blood] test administered
pursuant to this subsection
2-11 and provided to the employer
reveals that a former police officer or a
2-12 former salaried or volunteer
fireman has a contagious disease or the
2-13 antibodies associated with a
contagious disease, the police officer or
2-14 fireman is eligible, during
his lifetime, to receive compensation for such a
2-15 disease and any additional
diseases or conditions that are associated with or
2-16 result from the contagious
disease pursuant to chapters 616A to 617,
2-17 inclusive, of NRS. The
former employer of a police officer or a salaried or
2-18 volunteer fireman shall pay
all the costs associated with providing [blood]
2-19 tests required pursuant to
this subsection.
2-20 3. As used in this section,
the term [“battery”] :
2-21 (a) “Battery” includes, without
limitation, the intentional propelling or
2-22 placing, or the causing to
be propelled or placed, of any human excrement
2-23 or bodily fluid upon the
person of an employee.
2-24 (b) “Contagious diseases”
includes, without limitation, hepatitis A,
2-25 hepatitis B, hepatitis C, tuberculosis and human immunodeficiency
virus.
2-26 Sec. 2. NRS 616C.260 is hereby amended to read as follows:
2-27 616C.260 1. All fees and charges for accident benefits
must not:
2-28 (a) Exceed the [fees and
charges] amounts usually billed and paid in
2-29 the state for similar
treatment.
2-30 (b) Be unfairly discriminatory as between persons legally qualified
to
2-31 provide the particular
service for which the fees or charges are asked.
2-32 2. The administrator shall,
giving consideration to the fees and charges
2-33 being billed and paid in the state, establish a
schedule of reasonable fees
2-34 and charges allowable for
accident benefits provided to injured employees
2-35 whose insurers have not
contracted with an organization for managed care
2-36 or with providers of health
care services pursuant to NRS 616B.527. The
2-37 administrator shall review
and revise the schedule on or before [October]
2-38 February 1 of each year. [The
administrator may increase or decrease ] In
2-39 the revision, the administrator shall adjust the schedule [, but shall not
2-40 increase the schedule by any factor greater than] by the
corresponding
2-41 annual [increase]
change in the
Consumer Price Index, Medical Care
2-42 Component . [, unless the advisory council of the division approves such
an
2-43 increase.]
2-44 3. The administrator [may request]
shall designate a vendor who
2-45 compiles data on a national basis concerning fees and charges that
are
2-46 billed and paid for treatment or services similar to the treatment
and
2-47 services that qualify as accident benefits in this state to provide
him with
2-48 such information as he deems necessary to carry out the provisions
of
2-49 subsection 2. The designation must be made pursuant to reasonable
3-1 competitive bidding procedures established by the administrator. In
3-2 addition, the administrator may request a health insurer, health
3-3 maintenance organization or
provider of accident benefits, an agent or
3-4 employee of such a person,
or an agency of the state [,]
to provide the
3-5 administrator with [such]
information concerning fees and charges that are
3-6 billed and paid in this state for
similar services as he deems necessary to
3-7 carry out the provisions of
subsection 2. The administrator shall require a
3-8 [person or entity providing] health insurer, health maintenance
3-9 organization or provider of accident benefits, an agent or employee
of
3-10 such a person, or an agency of the state that provides records or reports of
3-11 fees [charged]
and charges billed and paid
pursuant to this section to
3-12 provide interpretation and
identification concerning the information
3-13 delivered. The administrator
may impose an administrative fine of $500 on
3-14 a health insurer, health maintenance organization or provider of
3-15 accident benefits, or an agent or employee of such a person for each
3-16 refusal to provide the
information requested pursuant to this subsection.
3-17 4. The division may adopt
reasonable regulations necessary to carry
3-18 out the provisions of this
section. The regulations must include provisions
3-19 concerning:
3-20 (a) Standards for the development of the schedule of fees and
charges
3-21 [;] that are billed and paid;
3-22 (b) The periodic revision of the schedule; and
3-23 (c) The monitoring of compliance by providers of benefits with the
3-24 adopted schedule of fees and
charges.
3-25 5. The division shall adopt
regulations requiring the [utilization] use of
3-26 a system of billing codes as
recommended by the American Medical
3-27 Association.
3-28 Sec. 3. NRS 616C.390 is hereby amended to read as follows:
3-29 616C.390 Except as otherwise provided in
subsection 8 of NRS
3-30 617.457:
3-31 1. If an application to reopen a claim to
increase or rearrange
3-32 compensation is made in
writing more than 1 year after the date on which
3-33 the claim was closed, the
insurer shall reopen the claim if:
3-34 (a) The claimant was
incapacitated from earning full wages for at
3-35 least 5 consecutive days or 5 cumulative days within a 20-day
period;
3-36 (b) The claimant received
benefits for a permanent partial disability;
3-37 (c) A change of circumstances now warrants an increase
or
3-38 rearrangement of
compensation during the life of the claimant;
3-39 [(b)] (d)
The primary cause of the change of circumstances is the injury
3-40 or disease for which the claim was originally made; and
3-41 [(c)] (e)
The application is accompanied by the certificate of a physician
3-42 or a chiropractor showing a
change of circumstances which would warrant
3-43 an increase or rearrangement
of compensation.
3-44 2. After a claim has been
closed, the insurer, upon receiving an
3-45 application and for good
cause shown, may authorize the reopening of the
3-46 claim for medical
investigation only. The application must be accompanied
3-47 by a written request for
treatment from the physician or chiropractor
3-48 treating the claimant,
certifying that the treatment is indicated by a change
4-1 in circumstances and is
related to the industrial injury sustained or
4-2 occupational disease contracted by the claimant.
4-3 3. If a claimant applies
for a claim to be reopened pursuant to
4-4 subsection 1 or 2 and a
final determination denying the reopening is issued,
4-5 the claimant [shall]
may not reapply to
reopen the claim until at least 1 year
4-6 after the date on which the
final determination is issued.
4-7 4. Except as otherwise
provided in subsection 5, if an application to
4-8 reopen a claim is made in
writing within 1 year after the date on which the
4-9 claim was closed, the
insurer shall reopen the claim [only] if:
4-10 (a) The claimant
either received benefits for a permanent partial
4-11 disability or did not receive benefits for a permanent partial
disability but
4-12 was incapacitated from earning full wages for at least 5
consecutive days
4-13 or 5 cumulative days within a 20-day period;
4-14 (b) The application is supported
by medical evidence demonstrating an
4-15 objective change in the
medical condition of the claimant; and
4-16 [(b)] (c)
There is clear and convincing evidence that the primary cause
4-17 of the change of
circumstances is the injury or
disease for which the claim
4-18 was originally made.
4-19 5. [An application to reopen a claim must be made in writing
within 1
4-20 year after the date on which the claim was closed if:
4-21 (a) The claimant was not off
work] If the claimant:
4-22 (a) Was not incapacitated
from earning full wages for at least 5
4-23 consecutive days or 5 cumulative days within a 20-day period as a result
4-24 of the injury [;] or disease; and
4-25 (b) [The claimant did] Did not receive benefits for a permanent
partial
4-26 disability [.
4-27 If an application to reopen a claim to increase or rearrange
compensation is
4-28 made pursuant to this subsection, the insurer shall reopen the claim
if] , the
4-29 application to reopen the claim must be made in writing within 1
year
4-30 after the date on which the claim was closed and the claimant must
4-31 demonstrate that the requirements set forth in paragraphs [(a), (b) and]
(c)
4-32 , (d) and (e) of subsection 1 are met. If the application is made in a timely
4-33 manner and the claimant meets the requirements of paragraphs (c),
(d)
4-34 and (e) of subsection 1, the insurer shall reopen the claim.
4-35 6. If an employee’s claim
is reopened pursuant to this section, he is not
4-36 entitled to vocational
rehabilitation services or benefits for a temporary
4-37 total disability if, before
his claim was reopened, he:
4-38 (a) Retired; or
4-39 (b) Otherwise voluntarily removed himself from the work force,
4-40 for reasons unrelated to the
injury or disease for
which the claim was
4-41 originally made.
4-42 7. One year after the date
on which the claim was closed, an insurer
4-43 may dispose of the file of a
claim authorized to be reopened pursuant to
4-44 subsection 5, unless an
application to reopen the claim has been filed
4-45 pursuant to that subsection.
4-46 8. An increase or
rearrangement of compensation is not effective
4-47 before an application for
reopening a claim is made unless good cause is
4-48 shown. The insurer shall,
upon good cause shown, allow the cost of
5-1 emergency treatment the
necessity for which has been certified by a
5-2 physician or a chiropractor.
5-3 9. A claim that closes
pursuant to subsection 2 of NRS 616C.235 and
5-4 is not appealed or is
unsuccessfully appealed pursuant to the provisions of
5-5 NRS 616C.305 and 616C.315 to
616C.385, inclusive, may not be reopened
5-6 pursuant to this section.
5-7 10. The provisions of this
section apply to any claim for which an
5-8 application to reopen the
claim or to increase or rearrange compensation is
5-9 made pursuant to this
section, regardless of the date of the injury or
5-10 accident or the date of disablement to
the claimant. If a claim is reopened
5-11 pursuant to this section,
the amount of any compensation or benefits
5-12 provided must be determined
in accordance with the provisions of NRS
5-13 616C.425 [.] or 617.445, as appropriate.
5-14 Sec. 4. NRS 616D.270 is hereby amended to read as follows:
5-15 616D.270 Any employer who
fails:
5-16 1. To post the notice
required by NRS 616A.490 ,
[and] 616B.650 and
5-17 616D.280 in a place that is readily accessible and visible to employees is
5-18 guilty of a misdemeanor.
5-19 2. To maintain the notice
or notices required by NRS 616A.490
, [and]
5-20 616B.650 and 616D.280 is guilty of
a misdemeanor.
5-21 Sec. 5. NRS 616D.280 is hereby amended to read as follows:
5-22 616D.280 1. If any [workman] employee is injured
because of the
5-23 absence of any safeguard or
protection required to be provided or
5-24 maintained [by, or]
pursuant to [,]
any statute, ordinance [, or any
5-25 divisional regulation under any statute, the] or regulation, and the
absence
5-26 is caused by the failure of the employer to provide and make the
5-27 safeguard or protection available for use, or the absence is caused
by the
5-28 removal of the safeguard or protection by the employee in
compliance
5-29 with a deliberate order or direction by the employer,
superintendent or
5-30 foreman to do so:
5-31 (a) The employer is liable to the
division for a penalty of not less than
5-32 $300 nor more than $2,000,
to be collected in a civil action at law by the
5-33 division.
5-34 (b) The compensation of the
injured employee as provided for by NRS
5-35 616C.405, 616C.425, 616C.435, 616C.440, 616C.445 and 616C.475 to
5-36 616C.505, inclusive, must be increased by 25 percent.
5-37 2. [The provisions of subsection 1 do not apply if the absence of
the
5-38 safeguard or protection is due to the removal thereof by the injured
5-39 workman himself, or with his knowledge by any fellow workman, unless
5-40 the removal is by order or direction of the employer or
superintendent or
5-41 foreman of the employer.
5-42 3. ] If any employee is
injured because of the absence of any
5-43 safeguard or protection required to be provided or maintained
pursuant
5-44 to any statute, ordinance or regulation, and the absence is caused
by the
5-45 employee, on the date of injury:
5-46 (a) Failing to use the safeguard
or protection that was provided by his
5-47 employer;
5-48 (b) Using the provided
safeguard or protection for a period but
5-49 subsequently and voluntarily removing it himself; or
6-1 (c) Using the provided safeguard or protection [is removed by the
6-2 workman himself, or] for a period but subsequently and voluntarily
6-3 allowing the safeguard or protection to be removed, with his consent , [is
6-4 removed] by any of his fellow [workmen, unless done by order or direction
6-5 of the employer or superintendent or foreman of the employer,]
employees,
6-6 the compensation of the
injured [workman,] employee, as provided for by
6-7 NRS 616C.405, 616C.425,
616C.435, 616C.440, 616C.445 and 616C.475
6-8 to 616C.505, inclusive, must
be reduced by 25
percent.
6-9 3. The employer shall ensure that a notice
containing the contents of
6-10 subsection 2 is printed in English and Spanish and posted in an
area that
6-11 is conspicuous, readily accessible and visible to employees at the
6-12 employer’s place of business.
6-13 Sec. 6. Notwithstanding the amendatory provisions of section 2 of this
6-14 act, the administrator of
the division of industrial relations of the
6-15 department of business and
industry is not required to designate a vendor
6-16 that compiles data on a
national basis concerning fees and charges that are
6-17 billed and paid for certain
treatment and services pursuant to section 2 of
6-18 this act in sufficient time
to ensure that the schedule of reasonable fees and
6-19 charges allowable for
accident benefits that must be revised on or before
6-20 February 1, 2002, includes
the data obtained from that vendor, but shall use
6-21 his best efforts to do so.
6-22 Sec. 7. 1. Section 2 of this act
becomes effective:
6-23 (a) Upon passage and approval for the purpose of requiring the
6-24 administrator to designate a
vendor who compiles
data on a national basis
6-25 concerning fees and charges
that are billed and paid for treatment or
6-26 services similar to the
treatment and services that qualify as accident
6-27 benefits in this state to
provide the administrator with such information as
6-28 he deems necessary to carry
out the provisions of subsection 2 of section 2
6-29 of this act.
6-30 (b) On July 1, 2001, for all other purposes.
6-31 2. Section 6 of this act
becomes effective upon passage and approval.
6-32 3. This section and
sections 1, 3, 4 and 5 of this act become effective
6-33 on July 1, 2001.
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