A.B. 572
Assembly Bill No. 572–Committee on Government Affairs
(On Behalf of Office of the Attorney General)
March 26, 2001
____________
Referred to Committee on Commerce and Labor
SUMMARY—Establishes single fraud control unit for insurance within office of attorney general. (BDR 18‑487)
FISCAL NOTE: Effect on Local Government: No.
~
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 the office of the attorney general; establishing a single fraud control unit for insurance within the office; establishing the duties of the unit; 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. Chapter 228 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2, 3 and 4 of this act.
1-3 Sec.2. As used in NRS 228.420 and sections 3 and 4 of this act,
1-4 “fraud control unit” means the fraud control unit for insurance
1-5 established pursuant to section 3 of this act.
1-6 Sec. 3. 1. The attorney general shall establish within his office a
1-7 fraud control unit for insurance.
1-8 2. The fraud control unit shall carry out the duties set forth in NRS
1-9 228.420 and section 4 of this act.
1-10 3. The fraud control unit must consist of such persons as are
1-11 necessary to carry out the duties set forth in NRS 228.420 and section 4
1-12 of this act, including, without limitation, an attorney, an auditor and an
1-13 investigator.
1-14 Sec. 4. 1. The attorney general, acting through the fraud control
1-15 unit, shall:
1-16 (a) Investigate and prosecute any alleged insurance fraud that violates
1-17 the provisions of Title 57 of NRS, including, without limitation, those
1-18 violations reported to it by the commissioner of insurance pursuant to
1-19 NRS 679B.180; and
2-1 (b) Cooperate with the commissioner of insurance, insurers, and other
2-2 state and federal investigators and prosecutors in coordinating state and
2-3 federal investigations and prosecutions involving insurance fraud.
2-4 2. When acting pursuant to this section, the attorney general may
2-5 commence his investigation and file a criminal action without leave of
2-6 court, and he has exclusive charge of the conduct of the prosecution.
2-7 Sec. 5. NRS 228.420 is hereby amended to read as follows:
2-8 228.420 1. The attorney general has primary jurisdiction to
2-9 investigate and prosecute any alleged criminal [violations] violation of
2-10 NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310[,] and
2-11 616D.350 to 616D.440, inclusive, and any fraud in the administration of
2-12 chapter 616A, 616B, 616C, 616D or 617 of NRS or in the provision of
2-13 compensation required by chapters 616A to 617, inclusive, of NRS.
2-14 2. [For this purpose, the attorney general shall establish within his
2-15 office a fraud control unit for industrial insurance. The unit must consist of
2-16 such persons as are necessary to carry out the duties set forth in this
2-17 section, including, without limitation, an attorney, an auditor and an
2-18 investigator.
2-19 3.] The attorney general, acting through the fraud control unit :
2-20 [established pursuant to subsection 2:]
2-21 (a) Is the single state agency responsible for the investigation and
2-22 prosecution of any alleged criminal violations of NRS 616D.200,
2-23 616D.220, 616D.240, 616D.300, 616D.310[,] and 616D.350 to 616D.440,
2-24 inclusive, and any fraud in the administration of chapter 616A, 616B,
2-25 616C, 616D or 617 of NRS or in the provision of compensation required
2-26 by chapters 616A to 617, inclusive, of NRS;
2-27 (b) Shall cooperate with the division of industrial relations of the
2-28 department of business and industry, self-insured employers, associations
2-29 of self-insured public or private employers, private carriers , and other state
2-30 and federal investigators and prosecutors in coordinating state and federal
2-31 investigations and prosecutions involving violations of NRS 616D.200,
2-32 616D.220, 616D.240, 616D.300, 616D.310[,] and 616D.350 to 616D.440,
2-33 inclusive, and any fraud in the administration of chapter 616A, 616B,
2-34 616C, 616D or 617 of NRS or in the provision of compensation required
2-35 by chapters 616A to 617, inclusive, of NRS;
2-36 (c) Shall protect the privacy of persons who are eligible to receive
2-37 compensation pursuant to the provisions of chapter 616A, 616B, 616C,
2-38 616D or 617 of NRS and establish procedures to prevent the misuse of
2-39 information obtained in carrying out this section; and
2-40 (d) May, upon request, inspect the records of any self-insured employer,
2-41 association of self-insured public or private employers, or private carrier,
2-42 the division of industrial relations of the department of business and
2-43 industry and the state contractors’ board to investigate any alleged
2-44 violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240,
2-45 616D.300, 616D.310[,] or 616D.350 to 616D.440, inclusive, or any fraud
2-46 in the administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or
2-47 in the provision of compensation required by chapters 616A to 617,
2-48 inclusive, of NRS.
3-1 [4.] 3. When acting pursuant to this section or NRS 228.175 or
3-2 228.410, the attorney general may commence his investigation and file a
3-3 criminal action without leave of court, and he has exclusive charge of the
3-4 conduct of the prosecution.
3-5 [5.] 4. The attorney general shall report the name of any person who
3-6 has been convicted of violating any of the provisions of NRS 616D.200,
3-7 616D.220, 616D.240, 616D.300, 616D.310[,] or 616D.350 to 616D.440,
3-8 inclusive, to the occupational board that issued the person’s license or
3-9 certificate to provide medical care, remedial care or other services in this
3-10 state.
3-11 [6.] 5. The attorney general shall establish a toll-free telephone
3-12 number for persons to report information regarding alleged violations of
3-13 any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300,
3-14 616D.310[,] or 616D.350 to 616D.440, inclusive, and any fraud in the
3-15 administration of chapter 616A, 616B, 616C, 616D or 617 of NRS or in the
3-16 provision of compensation required by chapters 616A to 617, inclusive, of
3-17 NRS.
3-18 [7.] 6. As used in this section:
3-19 (a) “Association of self-insured private employers” has the meaning
3-20 ascribed to it in NRS 616A.050.
3-21 (b) “Association of self-insured public employers” has the meaning
3-22 ascribed to it in NRS 616A.055.
3-23 (c) “Private carrier” has the meaning ascribed to it in NRS 616A.290.
3-24 (d) “Self-insured employer” has the meaning ascribed to it in
NRS 616A.305.
3-25 Sec. 6. NRS 232.680 is hereby amended to read as follows:
3-26 232.680 1. The cost of carrying out the provisions of NRS 228.420
3-27 and 232.550 to 232.700, inclusive, and of supporting the division, a full-
3-28 time employee of the legislative counsel bureau[, the fraud control unit for
3-29 industrial insurance established pursuant to NRS 228.420] and the
3-30 legislative committee on workers’ compensation created pursuant to NRS
3-31 218.5375, and that portion of the cost of the office for consumer health
3-32 assistance established pursuant to NRS 223.550 that is related to providing
3-33 assistance to consumers and injured employees concerning workers’
3-34 compensation, must be paid from assessments payable by each insurer,
3-35 including each employer who provides accident benefits for injured
3-36 employees pursuant to NRS 616C.265, based upon expected annual
3-37 expenditures for claims for injuries occurring on or after July 1, 1999. The
3-38 division shall adopt regulations which establish formulas of assessment
3-39 which result in an equitable distribution of costs among the insurers and
3-40 employers who provide accident benefits for injured employees. The
3-41 formulas may utilize actual expenditures for claims.
3-42 2. Federal grants may partially defray the costs of the division.
3-43 3. Assessments made against insurers by the division after the
3-44 adoption of regulations must be used to defray all costs and expenses of
3-45 administering the program of workers’ compensation, including the
3-46 payment of:
3-47 (a) All salaries and other expenses in administering the division,
3-48 including the costs of the office and staff of the administrator.
4-1 (b) All salaries and other expenses of administering NRS 616A.435 to
4-2 616A.460, inclusive, the offices of the hearings division of the department
4-3 of administration and the programs of self-insurance and review of
4-4 premium rates by the commissioner of insurance.
4-5 (c) The salary and other expenses of a full-time employee of the
4-6 legislative counsel bureau whose principal duties are limited to conducting
4-7 research and reviewing and evaluating data related to industrial insurance.
4-8 (d) [All] Those salaries and [other] expenses of the fraud control unit
4-9 for [industrial] insurance established pursuant to section 3 of this act that
4-10 are associated with carrying out the provisions of NRS 228.420.
4-11 (e) Claims against uninsured employers arising from compliance with
4-12 NRS 616C.220 and 617.401.
4-13 (f) All salaries and expenses of the members of the legislative
4-14 committee on workers’ compensation and any other expenses incurred by
4-15 the committee in carrying out its duties pursuant to NRS 218.5375 to
4-16 218.5378, inclusive.
4-17 (g) That portion of the salaries and other expenses of the office for
4-18 consumer health assistance established pursuant to NRS 223.550 that is
4-19 related to providing assistance to consumers and injured employees
4-20 concerning workers’ compensation.
4-21 Sec. 7. NRS 616A.425 is hereby amended to read as follows:
4-22 616A.425 1. There is hereby established in the state treasury the fund
4-23 for workers’ compensation and safety as a special revenue fund. All money
4-24 received from assessments levied on insurers and employers by the
4-25 administrator pursuant to NRS 232.680 must be deposited in this fund.
4-26 2. All assessments, penalties, bonds, securities and all other properties
4-27 received, collected or acquired by the division for functions supported in
4-28 whole or in part from the fund must be delivered to the custody of the state
4-29 treasurer for deposit to the credit of the fund.
4-30 3. All money and securities in the fund must be used to defray all costs
4-31 and expenses of administering the program of workmen’s compensation,
4-32 including the payment of:
4-33 (a) All salaries and other expenses in administering the division of
4-34 industrial relations, including the costs of the office and staff of the
4-35 administrator.
4-36 (b) All salaries and other expenses of administering NRS 616A.435 to
4-37 616A.460, inclusive, the offices of the hearings division of the department
4-38 of administration and the programs of self-insurance and review of
4-39 premium rates by the commissioner.
4-40 (c) The salary and other expenses of a full-time employee of the
4-41 legislative counsel bureau whose principal duties are limited to conducting
4-42 research and reviewing and evaluating data related to industrial insurance.
4-43 (d) [All] Those salaries and [other] expenses of the fraud control unit
4-44 for [industrial] insurance established pursuant to section 3 of this act that
4-45 are associated with carrying out the provisions of NRS 228.420.
4-46 (e) Claims against uninsured employers arising from compliance with
4-47 NRS 616C.220 and 617.401.
4-48 (f) All salaries and expenses of the members of the legislative
4-49 committee on workers’ compensation and any other expenses incurred by
5-1 the committee in carrying out its duties pursuant to NRS 218.5375 to
5-2 218.5378, inclusive.
5-3 (g) That portion of the salaries and other expenses of the office for
5-4 consumer health assistance established pursuant to NRS 223.550 that is
5-5 related to providing assistance to consumers and injured employees
5-6 concerning workers’ compensation.
5-7 4. The state treasurer may disburse money from the fund only upon
5-8 written order of the controller.
5-9 5. The state treasurer shall invest money of the fund in the same
5-10 manner and in the same securities in which he is authorized to invest state
5-11 general funds which are in his custody. Income realized from the
5-12 investment of the assets of the fund must be credited to the fund.
5-13 6. The commissioner shall assign an actuary to review the
5-14 establishment of assessment rates. The rates must be filed with the
5-15 commissioner 30 days before their effective date. Any insurer or employer
5-16 who wishes to appeal the
rate so filed must do so pursuant to
NRS 679B.310.
5-17 Sec. 8. NRS 616B.018 is hereby amended to read as follows:
5-18 616B.018 1. The administrator shall establish a method of indexing
5-19 claims for compensation that will make information concerning the
5-20 claimants of an insurer available to other insurers and the fraud control unit
5-21 for [industrial] insurance established pursuant to [NRS 228.420.] section 3
5-22 of this act.
5-23 2. Every insurer shall provide the following information if required by
5-24 the administrator for establishing and maintaining the index of claims:
5-25 (a) The first name, last name, middle initial, if any, date of birth and
5-26 social security number of the injured employee;
5-27 (b) The name and tax identification number of the employer of the
5-28 injured employee;
5-29 (c) If the employer of the injured employee is a member of an
5-30 association of self-insured public or private employers, the name and tax
5-31 identification number of that association;
5-32 (d) The name and tax identification number of the insurer, unless the
5-33 employer of the injured employee is self-insured and this requirement
5-34 would duplicate the information required pursuant to paragraph (b);
5-35 (e) The date upon which the employer’s policy of industrial insurance
5-36 that covers the claim became effective and the date upon which it will
5-37 expire or must be renewed;
5-38 (f) The number assigned to the claim by the insurer;
5-39 (g) The date of the injury or of the sustaining of the occupational
5-40 disease;
5-41 (h) The part of the body that was injured or the occupational disease
5-42 that was sustained by the injured employee;
5-43 (i) The percentage of disability as determined by the rating physician or
5-44 chiropractor;
5-45 (j) Which part of the body was permanently impaired, if any;
5-46 (k) [What] The type of accident or occupational disease that is the
5-47 subject of the claim;
5-48 (l) The date, if any, that the claim was closed; and
6-1 (m) If the claim has been closed, whether the closure was pursuant to
6-2 the provisions of:
6-3 (1) Subsection 2 of NRS 616C.235; or
6-4 (2) Subsection 1 of NRS 616C.235,
6-5 and what type of compensation was provided for the claim.
6-6 3. The administrator shall require information provided pursuant to
6-7 subsection 2 to be submitted:
6-8 (a) In a format that is consistent with nationally recognized standards
6-9 for the reporting of data regarding industrial insurance; and
6-10 (b) Electronically or in another medium approved by the administrator.
6-11 4. The administrator shall ensure that the requirement for an insurer to
6-12 provide information pursuant to subsection 2 is administered in a fair and
6-13 equal manner so that an insurer is not required to provide more or a
6-14 different type of information than another insurer similarly situated.
6-15 5. The provisions of this section do not prevent the administrator from:
6-16 (a) Conducting audits pursuant to the provisions of NRS 616B.003 and
6-17 collecting information from such audits;
6-18 (b) Receiving and collecting information from the reports that insurers
6-19 must submit to the administrator pursuant to the provisions of NRS
6-20 616B.009;
6-21 (c) Investigating alleged violations of the provisions of chapters 616A
6-22 to 617, inclusive, of NRS; or
6-23 (d) Enforcing the provisions of chapters 616A to 617, inclusive, of
6-24 NRS.
6-25 6. If an employee files a claim with an insurer, the insurer is entitled to
6-26 receive from the administrator a list of the prior claims of the employee. If
6-27 the insurer desires to inspect the files related to the prior claims, he must
6-28 obtain the written consent of the employee.
6-29 7. Any information obtained from the index of claims may be admitted
6-30 into evidence in any hearing before an appeals officer, a hearing officer or
6-31 the administrator.
6-32 8. The division may assess and collect a reasonable fee for its services
6-33 provided pursuant to this section. The fee must be payable monthly or at
6-34 such other intervals as determined by the administrator.
6-35 9. If the administrator determines that an insurer has intentionally
6-36 failed to provide the information required by subsection 2, the
6-37 administrator shall impose an administrative fine of $1,000 for the initial
6-38 violation, and a fine of $2,000 for a second or subsequent violation.
6-39 10. As used in this section, “tax identification number” means the
6-40 number assigned by the Internal Revenue Service of the United States
6-41 Department of the Treasury for identification.
6-42 Sec. 9. NRS 616D.120 is hereby amended to read as follows:
6-43 616D.120 1. Except as otherwise provided in this section, if the
6-44 administrator determines that an insurer, organization for managed care,
6-45 health care provider, third-party administrator or employer has:
6-46 (a) Through fraud, coercion, duress or undue influence:
6-47 (1) Induced a claimant to fail to report an accidental injury or
6-48 occupational disease;
7-1 (2) Persuaded a claimant to settle for an amount which is less than
7-2 reasonable;
7-3 (3) Persuaded a claimant to settle for an amount which is less than
7-4 reasonable while a hearing or an appeal is pending; or
7-5 (4) Persuaded a claimant to accept less than the compensation found
7-6 to be due him by a hearing officer, appeals officer, court of competent
7-7 jurisdiction, written settlement agreement, written stipulation or the
7-8 division when carrying out its duties pursuant to chapters 616A to 617,
7-9 inclusive, of NRS;
7-10 (b) Refused to pay or unreasonably delayed payment to a claimant of
7-11 compensation found to be due him by a hearing officer, appeals officer,
7-12 court of competent jurisdiction, written settlement agreement, written
7-13 stipulation or the division when carrying out its duties pursuant to chapters
7-14 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay
7-15 occurs:
7-16 (1) Later than 10 days after the date of the settlement agreement or
7-17 stipulation;
7-18 (2) Later than 30 days after the date of the decision of a court,
7-19 hearing officer, appeals officer or division, unless a stay has been granted;
7-20 or
7-21 (3) Later than 10 days after a stay of the decision of a court, hearing
7-22 officer, appeals officer or division has been lifted;
7-23 (c) Refused to process a claim for compensation pursuant to chapters
7-24 616A to 616D, inclusive, or chapter 617 of NRS;
7-25 (d) Made it necessary for a claimant to initiate proceedings pursuant to
7-26 chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation
7-27 found to be due him by a hearing officer, appeals officer, court of
7-28 competent jurisdiction, written settlement agreement, written stipulation or
7-29 the division when carrying out its duties pursuant to chapters 616A to
7-30 616D, inclusive, or chapter 617 of NRS;
7-31 (e) Failed to comply with the division’s regulations covering the
7-32 payment of an assessment relating to the funding of costs of administration
7-33 of chapters 616A to 617, inclusive, of NRS;
7-34 (f) Failed to provide or unreasonably delayed payment to an injured
7-35 employee or reimbursement to an insurer pursuant to NRS 616C.165; or
7-36 (g) Intentionally failed to comply with any provision of, or regulation
7-37 adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of
7-38 NRS,
7-39 the administrator shall impose an administrative fine of $1,000 for each
7-40 initial violation, or a fine of $10,000 for a second or subsequent violation.
7-41 2. Except as otherwise provided in chapters 616A to 616D, inclusive,
7-42 or chapter 617 of NRS, if the administrator determines that an insurer,
7-43 organization for managed care, health care provider, third-party
7-44 administrator or employer has failed to comply with any provision of this
7-45 chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation
7-46 adopted pursuant thereto, the administrator may take any of the following
7-47 actions:
7-48 (a) Issue a notice of correction for:
8-1 (1) A minor violation, as defined by regulations adopted by the
8-2 division; or
8-3 (2) A violation involving the payment of compensation in an amount
8-4 which is greater than that required by any provision of this chapter or
8-5 chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted
8-6 pursuant thereto.
8-7 The notice of correction must set forth with particularity the violation
8-8 committed and the manner in which the violation may be corrected. The
8-9 provisions of this section do not authorize the administrator to modify or
8-10 negate in any manner a determination or any portion of a determination
8-11 made by a hearing officer, appeals officer or court of competent
8-12 jurisdiction or a provision contained in a written settlement agreement or
8-13 written stipulation.
8-14 (b) Impose an administrative fine for:
8-15 (1) A second or subsequent violation for which a notice of correction
8-16 has been issued pursuant to paragraph (a); or
8-17 (2) Any other violation of this chapter or chapter 616A, 616B, 616C
8-18 or 617 of NRS, or any regulation adopted pursuant thereto, for which a
8-19 notice of correction may not
be issued pursuant to
paragraph (a).
8-20 The fine imposed may not be greater than $250 for an initial violation, or
8-21 more than $1,000 for any second or subsequent violation.
8-22 (c) Order a plan of corrective action to be submitted to the administrator
8-23 within 30 days after the date of the order.
8-24 3. If the administrator determines that a violation of any of the
8-25 provisions of paragraphs (a) to (d), inclusive, of subsection 1 has occurred,
8-26 the administrator shall order the insurer, organization for managed care,
8-27 health care provider, third-party administrator or employer to pay to the
8-28 claimant a benefit penalty in an amount that is not less than $5,000 and not
8-29 greater than $25,000. To determine the amount of the benefit penalty, the
8-30 administrator shall consider the degree of physical harm suffered by the
8-31 injured employee or his dependents as a result of the violation of paragraph
8-32 (a), (b), (c) or (d) of subsection 1, the amount of compensation found to be
8-33 due the claimant and the number of fines and benefit penalties previously
8-34 imposed against the insurer, organization for managed care, health care
8-35 provider, third-party administrator or employer pursuant to this section. If
8-36 this is the third violation within 5 years for which a benefit penalty has
8-37 been imposed against the insurer, organization for managed care, health
8-38 care provider, third-party administrator or employer, the administrator shall
8-39 also consider the degree of economic harm suffered by the injured
8-40 employee or his dependents as a result of the violation of paragraph (a),
8-41 (b), (c) or (d) of subsection 1. Except as otherwise provided in this section,
8-42 the benefit penalty is for the benefit of the claimant and must be paid
8-43 directly to him within 10 days after the date of the administrator’s
8-44 determination. If the claimant is the injured employee and he dies before
8-45 the benefit penalty is paid to him, the benefit penalty must be paid to his
8-46 estate. Proof of the payment of the benefit penalty must be submitted to the
8-47 administrator within 10 days after the date of his determination unless an
8-48 appeal is filed pursuant to NRS 616D.140. Any compensation to which the
9-1 claimant may otherwise be entitled pursuant to chapters 616A to 616D,
9-2 inclusive, or chapter 617 of NRS must not be reduced by the amount of any
9-3 benefit penalty received pursuant to this subsection.
9-4 4. In addition to any fine or benefit penalty imposed pursuant to this
9-5 section, the administrator may assess against an insurer who violates any
9-6 regulation concerning the reporting of claims expenditures used to
9-7 calculate an assessment an administrative penalty of up to twice the
9-8 amount of any underpaid assessment.
9-9 5. If:
9-10 (a) The administrator determines that a person has violated any of the
9-11 provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310
9-12 or 616D.350 to 616D.440, inclusive; and
9-13 (b) The fraud control unit for [industrial] insurance established pursuant
9-14 to [NRS 228.420] section 3 of this act notifies the administrator that the
9-15 unit will not prosecute the person for that violation,
9-16 the administrator shall impose an administrative fine of not more than
9-17 $10,000.
9-18 6. Two or more fines of $1,000 or more imposed in 1 year for acts
9-19 enumerated in subsection 1 must be considered by the commissioner as
9-20 evidence for the withdrawal of:
9-21 (a) A certificate to act as a self-insured employer.
9-22 (b) A certificate to act as an association of self-insured public or private
9-23 employers.
9-24 (c) A certificate of registration as a third-party administrator.
9-25 7. The commissioner may, without complying with the provisions of
9-26 NRS 616B.327 or 616B.431, withdraw the certification of a self-insured
9-27 employer, association of self-insured public or private employers or third-
9-28 party administrator if, after a hearing, it is shown that the self-insured
9-29 employer, association of self-insured public or private employers or third-
9-30 party administrator violated any provision of subsection 1.
9-31 Sec. 10. NRS 616D.230 is hereby amended to read as follows:
9-32 616D.230 1. An employer who fails to pay an amount of money
9-33 charged to him pursuant to the provisions of NRS 616D.200 or 616D.220
9-34 is liable in a civil action commenced by the attorney general for:
9-35 (a) Any amount charged to the employer by the administrator pursuant
9-36 to NRS 616D.200 or 616D.220;
9-37 (b) Not more than $10,000 for each act of willful deception;
9-38 (c) An amount equal to three times the total amount of the reasonable
9-39 expenses incurred by the state in enforcing this section; and
9-40 (d) Payment of interest on the amount charged at the rate fixed pursuant
9-41 to NRS 99.040 for the period from the date upon which the amount
9-42 charged was due to the date upon which the amount charged is paid.
9-43 2. A criminal action need not be brought against an employer
9-44 described in subsection 1 before civil liability attaches under this section.
9-45 3. Any payment of money charged pursuant to the provisions of NRS
9-46 616D.200 or 616D.220 and collected pursuant to paragraph (a) or (d) of
9-47 subsection 1 must be paid into the uninsured employers’ claim fund.
9-48 4. Any penalty collected pursuant to paragraph (b) or (c) of subsection
9-49 1 must be used to pay [the] those salaries and [other] expenses of the fraud
10-1 control unit for [industrial] insurance established pursuant to section 3 of
10-2 this act that are associated with carrying out the provisions of NRS
10-3 228.420. Any money remaining at the end of any fiscal year does not revert
10-4 to the state general fund.
10-5 Sec. 11. NRS 616D.430 is hereby amended to read as follows:
10-6 616D.430 1. A person who receives a payment or benefit to which
10-7 he is not entitled by reason of a violation of any of the provisions of NRS
10-8 616D.300, 616D.370, 616D.380, 616D.390, 616D.400 or 616D.410 is
10-9 liable in a civil action commenced by the attorney general for:
10-10 (a) An amount equal to three times the amount unlawfully obtained;
10-11 (b) Not less than $5,000 for each act of deception;
10-12 (c) An amount equal to three times the total amount of the reasonable
10-13 expenses incurred by the state in enforcing this section; and
10-14 (d) Payment of interest on the amount of the excess payment at the rate
10-15 fixed pursuant to NRS 99.040 for the period from the date upon which
10-16 payment was made to the date upon which repayment is made.
10-17 2. A criminal action need not be brought against a person who receives
10-18 a payment or benefit to which he is not entitled by reason of a violation of
10-19 any of the provisions of NRS 616D.300, 616D.370, 616D.380, 616D.390,
10-20 616D.400 or 616D.410 before civil liability attaches under this section.
10-21 3. A person who unknowingly accepts a payment in excess of the
10-22 amount to which he is entitled is liable for the repayment of the excess
10-23 amount. It is a defense to any action brought pursuant to this subsection
10-24 that the person returned or attempted to return the amount which was in
10-25 excess of that to which he was entitled within a reasonable time after
10-26 receiving it.
10-27 4. Any repayment of money collected pursuant to paragraph (a) or (d)
10-28 of subsection 1 must be paid to the insurer who made the payment to the
10-29 person who violated the provisions of this section. Any payment made to
10-30 an insurer may not exceed the amount paid by the insurer to that person.
10-31 5. Any penalty collected pursuant to paragraph (b) or (c) of subsection
10-32 1 must be used to pay [the] those salaries and [other] expenses of the fraud
10-33 control unit for [industrial] insurance established pursuant to section 3 of
10-34 this act that are associated with carrying out the provisions of NRS
10-35 228.420. Any money remaining at the end of any fiscal year does not revert
10-36 to the state general fund.
10-37 Sec. 12. NRS 616D.550 is hereby amended to read as follows:
10-38 616D.550 1. An insurer, organization for managed care, health care
10-39 provider, employer, third-party administrator or public officer who
10-40 believes, or has reason to believe, that:
10-41 (a) A fraudulent claim for benefits under a policy of insurance has been
10-42 made, or is about to be made;
10-43 (b) An employer within the provisions of NRS 616B.633 has:
10-44 (1) Knowingly made a false statement or representation concerning
10-45 the amount of payroll upon which a premium is based; or
10-46 (2) Failed to provide and secure compensation under the terms of
10-47 chapters 616A to 616D, inclusive, or chapter 617 of NRS or has failed to
10-48 maintain that compensation;
11-1 (c) A provider of health care has submitted an invoice for payment for
11-2 accident benefits that contains information which the provider knows is
11-3 false; or
11-4 (d) A person has committed any other fraudulent practice under this
11-5 chapter or chapter 616A, 616B, 616C or 617 of NRS,
11-6 shall report that belief to the fraud control unit for [industrial] insurance
11-7 established pursuant to [NRS 228.420.] section 3 of this act.
11-8 2. The fraud control unit for [industrial] insurance established pursuant
11-9 to [NRS 228.420] section 3 of this act may require a person who submits a
11-10 report pursuant to subsection 1 to submit that report on a form prescribed
11-11 by the unit.
11-12 Sec. 13. NRS 616D.560 is hereby amended to read as follows:
11-13 616D.560 The administrator and the fraud control unit for [industrial]
11-14 insurance established pursuant to [NRS 228.420] section 3 of this act shall
11-15 establish procedures to ensure that:
11-16 1. The administrator, in accordance with the established procedures,
11-17 reports to the unit violations of the provisions of NRS 616D.200,
11-18 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440,
11-19 inclusive, of which the administrator becomes aware;
11-20 2. For the purposes of NRS 616D.120, the unit notifies the
11-21 administrator in a timely manner whether the unit will prosecute a person
11-22 who has violated the provisions of NRS 616D.200, 616D.220, 616D.240,
11-23 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and
11-24 3. The administrator and the unit share other information of which they
11-25 are aware relating to violations of the provisions of NRS 616D.200,
11-26 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440,
11-27 inclusive.
11-28 Sec. 14. NRS 616D.610 is hereby amended to read as follows:
11-29 616D.610 1. The books, records and payrolls of an employer
11-30 pertinent to the investigation of a violation of any of the provisions of NRS
11-31 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to
11-32 616D.440, inclusive, or any fraud in the administration of this chapter or
11-33 chapter 616A, 616B, 616C or 617 of NRS or in the provision of benefits
11-34 for industrial insurance, must always be open to inspection by an
11-35 investigator for the attorney general for the purpose of ascertaining the
11-36 correctness of such information and as may be necessary for the attorney
11-37 general to carry out his duties pursuant to NRS 228.420. If the books,
11-38 records or payrolls are located outside this state, the employer shall make
11-39 any records requested pursuant to this section available in this state for
11-40 inspection within 10 working days after the request.
11-41 2. If an employer refuses to produce any book, record, payroll report
11-42 or other document in conjunction with an investigation conducted by the
11-43 fraud control unit for [industrial insurance,] insurance established
11-44 pursuant to section 3 of this act, the attorney general may issue a
11-45 subpoena to require the production of that document.
11-46 3. If an employer refuses to produce any document as required by the
11-47 subpoena, the attorney general may report to the district court by petition,
11-48 setting forth that:
12-1 (a) Due notice has been given of the time and place of the production of
12-2 the document;
12-3 (b) The employer has been subpoenaed by the attorney general pursuant
12-4 to this section; and
12-5 (c) The employer has failed or refused to produce the document
12-6 required by the subpoena,
12-7 and asking for an order of the court compelling the employer to produce
12-8 the document.
12-9 4. Upon such petition, the court shall enter an order directing the
12-10 employer to appear before the court at a time and place to be fixed by the
12-11 court in its order, the time to be not more than 10 days after the date of the
12-12 order, and to show cause why he has not produced the document. A
12-13 certified copy of the order must be served upon the employer.
12-14 5. If it appears to the court that the subpoena was regularly issued by
12-15 the attorney general, the court shall enter an order that the employer
12-16 produce the required document at the time and place fixed in the order.
12-17 Failure to obey the order constitutes contempt of court.
12-18 Sec. 15. NRS 616D.620 is hereby amended to read as follows:
12-19 616D.620 1. If a person is convicted of violating any of the
12-20 provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310
12-21 or 616D.350 to 616D.440, inclusive, he:
12-22 (a) Forfeits all rights to compensation under chapters 616A to 616D,
12-23 inclusive, or chapter 617 of NRS after conviction for the offense; and
12-24 (b) Is liable for:
12-25 (1) The reasonable costs incurred by an insurer and the office of the
12-26 attorney general to investigate and act upon the violation;
12-27 (2) All costs incurred for the prosecution of the person by the court in
12-28 which the conviction was obtained; and
12-29 (3) The payments or benefits fraudulently obtained under chapters
12-30 616A to 616D, inclusive, or chapter 617 of NRS.
12-31 2. A judgment of conviction entered against the person must contain a
12-32 provision which requires the person convicted to pay the costs of
12-33 investigation and prosecution and the payments or benefits specified in
12-34 subsection 1.
12-35 3. Any money received by the attorney general pursuant to
12-36 subparagraph (1) of paragraph (b) of subsection 1 must be used to pay [the]
12-37 those salaries and [other] expenses of the fraud control unit for [industrial]
12-38 insurance established pursuant to section 3 of this act associated with
12-39 carrying out the provisions of NRS 228.420. Any money remaining at the
12-40 end of any fiscal year does not revert to the state general fund.
12-41 Sec. 16. NRS 624.256 is hereby amended to read as follows:
12-42 624.256 1. Before granting an original or renewal of a contractor’s
12-43 license to any applicant, the board shall require that the applicant submit to
12-44 the board:
12-45 (a) Proof of industrial insurance and insurance for occupational diseases
12-46 which covers his employees;
12-47 (b) A copy of his certificate of qualification as a self-insured employer
12-48 which was issued by the commissioner of insurance;
13-1 (c) If the applicant is a member of an association of self-insured public
13-2 or private employers, a copy of the certificate issued to the association by
13-3 the commissioner of insurance; or
13-4 (d) An affidavit signed by the applicant affirming that he is not subject
13-5 to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of
13-6 NRS because:
13-7 (1) He has no employees;
13-8 (2) He is not or does not intend to be a subcontractor for a principal
13-9 contractor; and
13-10 (3) He has not or does not intend to submit a bid on a job for a
13-11 principal contractor or subcontractor.
13-12 2. The board shall notify the fraud control unit for [industrial]
13-13 insurance established pursuant to [NRS 228.420] section 3 of this act
13-14 whenever the board learns that an applicant or holder of a contractor’s
13-15 license has engaged in business as or acted in the capacity of a contractor
13-16 within this state without having obtained industrial insurance or insurance
13-17 for occupational diseases in violation of the provisions of chapters 616A to
13-18 617, inclusive, of NRS.
13-19 Sec. 17. NRS 630.339 is hereby amended to read as follows:
13-20 630.339 1. If a committee designated by the board to conduct an
13-21 investigation of a complaint decides to proceed with disciplinary action, it
13-22 shall bring charges against the licensee. If charges are brought, the board
13-23 shall fix a time and place for a formal hearing. If the board receives a
13-24 report pursuant to subsection [5] 4 of NRS 228.420, such a hearing must be
13-25 held within 30 days after receiving the report. The board shall notify the
13-26 licensee of the charges brought against him, the time and place set for the
13-27 hearing, and the possible sanctions authorized in NRS 630.352.
13-28 2. The board, a hearing officer or a panel of its members designated by
13-29 the board shall hold the formal hearing on the charges at the time and place
13-30 designated in the notification. If the hearing is before a panel, at least one
13-31 member of the board who is not a physician must participate in this
13-32 hearing.
13-33 Sec. 18. NRS 630A.480 is hereby amended to read as follows:
13-34 630A.480 1. If, after an investigation by a committee or on its own
13-35 initiative, the board decides to proceed with disciplinary action, it shall
13-36 bring charges against a licensed homeopathic physician and fix a time and
13-37 place for a formal hearing. If the board receives a report pursuant to
13-38 subsection [5] 4 of NRS 228.420, such a hearing must be held within 30
13-39 days after receiving the report. The board shall notify the homeopathic
13-40 physician of the charges brought against him, including the time and place
13-41 set for the hearing, and of the sanctions authorized in NRS 630A.510.
13-42 2. The board, a hearing officer or a committee of the members of the
13-43 board shall hold the formal hearing on the charges at the time and place
13-44 designated in the notification. If the hearing is before a committee, at least
13-45 one member of the board who is not a physician must participate in the
13-46 hearing and in the final recommendation of the committee to the board.
13-47 Sec. 19. NRS 631.360 is hereby amended to read as follows:
13-48 631.360 1. The board may, upon its own motion, and shall, upon the
13-49 verified complaint in writing of any person setting forth facts which, if
14-1 proven, would constitute grounds for refusal, suspension or revocation of a
14-2 license or certificate under this chapter, investigate the actions of any
14-3 person holding a certificate.
14-4 2. The board shall, before refusing to issue, or before suspending or
14-5 revoking any certificate, at least 10 days before the date set for the hearing,
14-6 notify in writing the applicant or the holder of the certificate of any charges
14-7 made. The notice may be served by delivery of it personally to the accused
14-8 person or by mailing it by registered or certified mail to the place of
14-9 business last specified by the accused person, as registered with the board.
14-10 3. At the time and place fixed in the notice, the board shall proceed to
14-11 hear the charges. If the board receives a report pursuant to subsection [5] 4
14-12 of NRS 228.420, a hearing must be held within 30 days after receiving the
14-13 report.
14-14 4. The board may compel the attendance of witnesses or the
14-15 production of documents or objects by subpoena. Any person who is
14-16 subpoenaed by the board may request the board to modify the terms of the
14-17 subpoena or grant additional time for compliance.
14-18 5. The board may obtain a search warrant from a magistrate upon a
14-19 showing that the warrant is needed for an investigation or hearing being
14-20 conducted by the board and that reasonable cause exists to issue the
14-21 warrant.
14-22 6. If the board is not sitting at the time and place fixed in the notice, or
14-23 at the time and place to which the hearing has been continued, the board
14-24 shall continue the hearing for a period not to exceed 30 days.
14-25 Sec. 20. NRS 632.350 is hereby amended to read as follows:
14-26 632.350 1. Before suspending or revoking any license or certificate
14-27 or taking other disciplinary action against a licensee or holder of a
14-28 certificate, the board shall cause an administrative complaint to be filed
14-29 against the licensee or holder of the certificate. The board shall notify the
14-30 licensee or holder of the certificate in writing of the charges against him,
14-31 accompanying the notice with a copy of the administrative complaint.
14-32 2. Written notice may be served by delivery of it personally to the
14-33 licensee or holder of the certificate, or by mailing it by registered or
14-34 certified mail to his last known residential address.
14-35 3. If the licensee or holder of the certificate, after receiving a copy of
14-36 the administrative complaint pursuant to subsection 1, submits a written
14-37 request, the board shall furnish the licensee or holder of the certificate with
14-38 copies of any communications, reports and affidavits in possession of the
14-39 board, touching upon or relating to the matter in question.
14-40 4. As soon as practicable after the filing of the administrative
14-41 complaint, the board, or a majority thereof, shall hold a hearing on the
14-42 charges at such time and place as the board prescribes. If the board receives
14-43 a report pursuant to subsection [5] 4 of NRS 228.420, the hearing must be
14-44 held within 30 days after receiving the report. The hearing must be held, if
14-45 the licensee or holder of the certificate desires, within the county where he
14-46 resides.
14-47 Sec. 21. NRS 633.621 is hereby amended to read as follows:
14-48 633.621 If:
15-1 1. A complaint charging unprofessional conduct, a conviction or the
15-2 suspension or revocation of a license to practice osteopathic medicine is
15-3 not frivolous; or
15-4 2. With respect to a complaint reported by the attorney general, the
15-5 board has determined to proceed with disciplinary action,
15-6 the secretary of the board shall fix a time and place for a hearing and cause
15-7 a notice of the hearing and a formal complaint prepared by the board to be
15-8 served on the person charged at least 20 days before the date fixed for the
15-9 hearing. If the board receives a report pursuant to subsection [5] 4 of NRS
15-10 228.420, such a hearing must be held within 30 days after receiving the
15-11 report.
15-12 Sec. 22. NRS 634.170 is hereby amended to read as follows:
15-13 634.170 1. When a complaint is filed with the executive director of
15-14 the board, it must be considered by the president or a member of the board
15-15 designated by him. If, from the complaint or from other official records, it
15-16 appears that the complaint may be well founded in fact, the executive
15-17 director shall cause written notice of the charges in the complaint to be
15-18 served upon the person charged at least 20 days before the date fixed for
15-19 the hearing. If the board receives a report pursuant to subsection [5] 4 of
15-20 NRS 228.420, a hearing must be held within 30 days after receiving the
15-21 report.
15-22 2. If the complaint is not deemed by the president or designated
15-23 member of the board to be of sufficient import or sufficiently well founded
15-24 to merit bringing proceedings against the person charged, the complaint
15-25 must be held in abeyance and discussed at the next meeting of the board.
15-26 Sec. 23. NRS 634A.180 is hereby amended to read as follows:
15-27 634A.180 The board shall not refuse to issue, refuse to renew, suspend
15-28 or revoke any license for any of the causes enumerated in NRS 634A.170,
15-29 unless the person accused has been given at least 20 days’ notice in writing
15-30 of the charge against him and a hearing by the board. If the board receives
15-31 a report pursuant to subsection [5] 4 of NRS 228.420, a hearing must be
15-32 held within 30 days after receiving the report.
15-33 Sec. 24. NRS 635.150 is hereby amended to read as follows:
15-34 635.150 Any person against whom charges have been made [shall]
15-35 must be notified of that fact and a copy of the charges [shall] must be sent
15-36 to him by the board. [He shall be given] The board shall hold a fair and
15-37 impartial [trial by the board, whose decision shall] hearing on the matter.
15-38 The decision of the board must be made by a majority vote of its
15-39 members. If the board receives a report pursuant to subsection [5] 4 of
15-40 NRS 228.420, a hearing must be held within 30 days after receiving the
15-41 report.
15-42 Sec. 25. NRS 636.315 is hereby amended to read as follows:
15-43 636.315 1. As soon as practicable after the filing of a complaint, the
15-44 board shall notify the licensee against whom the complaint is filed and fix
15-45 a date for its review of the complaint. If the board receives a report
15-46 pursuant to subsection [5] 4 of NRS 228.420, a hearing must be held within
15-47 30 days after receiving the report. The licensee must be allowed a
15-48 reasonable amount of time to respond to the allegations of the complaint.
16-1 The executive director shall notify the licensee of the time, date and place
16-2 fixed for the board’s review of the complaint.
16-3 2. After reviewing the complaint, the board shall dismiss the complaint
16-4 or file a formal charge against the licensee. If a formal charge is filed, the
16-5 executive director shall prepare the charge in accordance with the board’s
16-6 regulations and send a copy to the licensee. The licensee must be allowed a
16-7 reasonable amount of time to file a response to the charge.
16-8 3. Within a reasonable time after the executive director sends a copy of
16-9 the charge to the licensee, the board shall fix the time, date and place for a
16-10 hearing and the executive director shall notify the licensee thereof.
16-11 Sec. 26. NRS 637.155 is hereby amended to read as follows:
16-12 637.155 If the board receives a report pursuant to subsection [5] 4 of
16-13 NRS 228.420, a hearing to consider the report must be held within 30 days
16-14 after receiving the report.
16-15 Sec. 27. NRS 637A.270 is hereby amended to read as follows:
16-16 637A.270 As soon as practicable after the filing of a complaint the
16-17 board may, if the board determines that further action is required, fix a date
16-18 for the hearing thereof, which date must not be less than 20 days thereafter.
16-19 If the board receives a report pursuant to subsection [5] 4 of NRS 228.420,
16-20 a hearing must be held within 30 days after receiving the report. The
16-21 secretary shall immediately mail, by registered or certified mail, to the
16-22 defendant licensee, a copy of the complaint and a notice showing the date
16-23 and place fixed for the hearing.
16-24 Sec. 28. NRS 637B.270 is hereby amended to read as follows:
16-25 637B.270 Not later than 15 days after the filing of a complaint, the
16-26 board shall fix a date for the hearing, which date must not be less than 20
16-27 days nor more than 45 days after the date the complaint is filed. If the
16-28 board receives a report pursuant to subsection [5] 4 of NRS 228.420, a
16-29 hearing must be held within 30 days after receiving the report. The board
16-30 shall immediately mail to the defendant, by certified mail, return receipt
16-31 requested, a copy of the complaint and a notice showing the time, date and
16-32 place of the hearing.
16-33 Sec. 29. NRS 639.245 is hereby amended to read as follows:
16-34 639.245 Whenever a hearing has been granted by the board, the
16-35 secretary shall serve notice on the respondent of the time and place set for
16-36 the hearing on the accusation. If the board receives a report pursuant to
16-37 subsection [5] 4 of NRS 228.420, a hearing must be held within 30 days
16-38 after receiving the report. Service may be effected in the same manner as
16-39 provided in NRS 639.242.
16-40 Sec. 30. NRS 640.162 is hereby amended to read as follows:
16-41 640.162 1. As soon as practicable after the board determines that a
16-42 complaint merits a hearing, the board shall set a date for the hearing. The
16-43 hearing must not be set sooner than 30 days after the date on which the
16-44 respondent received notice of the complaint. If the board receives a report
16-45 pursuant to subsection [5] 4 of NRS 228.420, a hearing must be held within
16-46 30 days after receiving the report.
16-47 2. The board’s secretary shall:
16-48 (a) Notify the respondent that a complaint against him has been filed;
16-49 (b) Inform him of the date, time and place set for the hearing; and
17-1 (c) Include a copy of the complaint with the notice.
17-2 3. The notice and complaint may be served on the respondent by
17-3 delivery to him personally or by mailing to him at his last known address
17-4 by registered or certified mail.
17-5 4. If the respondent so requests, the hearing must be held within the
17-6 county where he resides.
17-7 Sec. 31. NRS 640A.200 is hereby amended to read as follows:
17-8 640A.200 1. The board may, after notice and hearing, suspend,
17-9 revoke or refuse to issue or renew a license to practice as an occupational
17-10 therapist or occupational therapy assistant, or may impose conditions upon
17-11 the use of that license, if the board determines that the holder of or
17-12 applicant for the license is guilty of unprofessional conduct which has
17-13 endangered or is likely to endanger the public health, safety or welfare. The
17-14 board may reinstate a revoked license upon application by the person to
17-15 whom the license was issued not less than 1 year after the license is
17-16 revoked.
17-17 2. If the board receives a report pursuant to subsection [5] 4 of NRS
17-18 228.420, a hearing must be held to consider the report within 30 days after
17-19 receiving the report.
17-20 3. As used in this section, “unprofessional conduct” includes:
17-21 (a) The obtaining of a license by fraud or through the misrepresentation
17-22 or concealment of a material fact;
17-23 (b) The conviction of any crime, except a misdemeanor which does not
17-24 involve moral turpitude; and
17-25 (c) The violation of any provision of this chapter or regulation of the
17-26 board adopted pursuant to this chapter.
17-27 Sec. 32. NRS 641.276 is hereby amended to read as follows:
17-28 641.276 If:
17-29 1. A complaint charging unprofessional conduct, a conviction or the
17-30 suspension or revocation of a license is not frivolous; or
17-31 2. With respect to a complaint reported by the attorney general, the
17-32 board has determined to proceed with an action authorized under this
17-33 chapter,
17-34 the board shall fix a time and place for a hearing and cause a notice of the
17-35 hearing and a formal complaint prepared by the board to be served on the
17-36 person named in the complaint at least 20 days before the date fixed for the
17-37 hearing. If the board receives a report pursuant to subsection [5] 4 of NRS
17-38 228.420, a hearing must be held within 30 days after receiving the report.
17-39 Sec. 33. NRS 652.225 is hereby amended to read as follows:
17-40 652.225 If the board receives a report pursuant to subsection [5] 4 of
17-41 NRS 228.420, a hearing must be held pursuant to regulations adopted by
17-42 the board to consider the contents of the report. The board shall adopt such
17-43 regulations as are necessary to carry out the provisions of this section.
17-44 Sec. 34. NRS 679B.158 is hereby amended to read as follows:
17-45 679B.158 1. The special investigative account is hereby established
17-46 in the state general fund for use by the commissioner. The commissioner
17-47 shall deposit all money received pursuant to this section with the state
17-48 treasurer for credit to the account. Money remaining in the account at the
18-1 end of any year does not lapse and may be used by the commissioner in
18-2 any subsequent year.
18-3 2. The commissioner shall authorize expenditures from the special
18-4 investigative account to pay the expenses of the program established
18-5 pursuant to NRS 679B.153 and [of any] the expenses of the fraud control
18-6 unit for insurance established [in the office of the attorney general which
18-7 investigates and prosecutes insurance fraud.] pursuant to section 3 of this
18-8 act that are associated with carrying out the provisions of section 4 of
18-9 this act.
18-10 3. All of the costs of the program established pursuant to NRS
18-11 679B.153 must be paid by the insurers authorized to transact insurance in
18-12 this state. The commissioner shall annually determine the total cost and
18-13 equally divide that amount among the insurers. The annual amount so
18-14 assessed must not exceed $500 per authorized insurer. The commissioner
18-15 may adopt regulations regarding the calculation and collection of the
18-16 assessment.
18-17 Sec. 35. This act becomes effective on July 1, 2001.
18-18 H