(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 628–Committee on Commerce and Labor

 

(On Behalf of Department of Administration—Risk Management)

 

March 26, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing benefits for industrial insurance for certain police officers and firemen. (BDR 53‑625)

 

FISCAL NOTE:                     Effect on Local Government: Yes.

                                 Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to industrial insurance; revising the circumstances under which certain police officers and firemen are entitled to receive compensation for exposure to tuberculosis; 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 616A.035 is hereby amended to read as follows:

1-2    616A.035  1.  “Accident benefits” means medical, surgical, hospital

1-3  or other treatments, nursing, medicine, medical and surgical supplies,

1-4  crutches and apparatuses, including prosthetic devices.

1-5    2.  The term includes:

1-6    (a) Medical benefits as defined by NRS 617.130;

1-7    (b) Preventive treatment administered as a precaution to an employee

1-8  who is exposed to a contagious disease while providing medical services,

1-9  including emergency medical care, in the course and scope of his

1-10  employment; and

1-11    (c) Preventive treatment administered as a precaution to a police officer

1-12  or a salaried or volunteer fireman who [was] :

1-13      (1) Was exposed to a contagious disease:

1-14      [(1)] (I) Upon battery by an offender; or

1-15      [(2)] (II) While performing the duties of a police officer or

1-16  fireman,

1-17  if the exposure is documented by the creation and maintenance of a report

1-18  concerning the exposure pursuant to subsection 1 of NRS 616C.052[.] ; or

1-19      (2) Tests positive for exposure to tuberculosis under the

1-20  circumstances described in NRS 616C.052.

2-1    3.  The term does not include:

2-2    (a) Exercise equipment, a hot tub or a spa for an employee’s home;

2-3    (b) Membership in an athletic or health club;

2-4    (c) Except as otherwise provided in NRS 616C.245, a motor vehicle; or

2-5    (d) The costs of operating a motor vehicle provided pursuant to NRS

2-6  616C.245, fees related to the operation or licensing of the motor vehicle or

2-7  insurance for the motor vehicle.

2-8    4.  As used in this section : [, the term:]

2-9    (a) “Battery” includes, without limitation, the intentional propelling or

2-10  placing, or the causing to be propelled or placed, of any human excrement

2-11  or bodily fluid upon the person of an employee.

2-12    (b) “Preventive treatment” includes, without limitation[, tests] :

2-13      (1) Tests to determine if an employee has contracted [the] a

2-14  contagious disease to which he was exposed[.] ; and

2-15      (2) If an employee tests positive for exposure to tuberculosis under

2-16  the circumstances described in NRS 616C.052, such medication and

2-17  chest X-rays as are recommended by the Centers for Disease Control and

2-18  Prevention of the Department of Health and Human Services.

2-19    Sec. 2.  NRS 616A.265 is hereby amended to read as follows:

2-20    616A.265  1.  “Injury” or “personal injury” means a sudden and

2-21  tangible happening of a traumatic nature, producing an immediate or

2-22  prompt result which is established by medical evidence, including injuries

2-23  to prosthetic devices. Any injury sustained by an employee while engaging

2-24  in an athletic or social event sponsored by his employer shall be deemed

2-25  not to have arisen out of or in the course of employment unless the

2-26  employee received remuneration for participation in the event.

2-27    2.  For the purposes of chapters 616A to 616D, inclusive, of NRS:

2-28    (a) Coronary thrombosis, coronary occlusion, or any other ailment or

2-29  disorder of the heart, and any death or disability ensuing therefrom, shall

2-30  be deemed not to be an injury by accident sustained by an employee arising

2-31  out of and in the course of his employment.

2-32    (b) The exposure of an employee to a contagious disease while

2-33  providing medical services, including emergency medical care, in the

2-34  course and scope of his employment shall be deemed to be an injury by

2-35  accident sustained by the employee arising out of and in the course of his

2-36  employment.

2-37    (c) [The] Except as otherwise provided in paragraph (d), the exposure

2-38  to a contagious disease of a police officer or a salaried or volunteer fireman

2-39  who was exposed to the contagious disease:

2-40      (1) Upon battery by an offender; or

2-41      (2) While performing the duties of a police officer or

2-42  fireman,

2-43  shall be deemed to be an injury by accident sustained by the police officer

2-44  or fireman arising out of and in the course of his employment if the

2-45  exposure is documented by the creation and maintenance of a report

2-46  concerning the exposure pursuant to subsection 1 of NRS 616C.052. As

2-47  used in this paragraph, the term “battery” includes, without limitation, the

2-48  intentional propelling or placing, or the causing to be propelled or placed,

2-49  of any human excrement or bodily fluid upon the person of an employee.

3-1    (d) If a police officer or a salaried or volunteer fireman tests positive

3-2  for exposure to tuberculosis under the circumstances described in

3-3  subsection 2 or 3 of NRS 616C.052, he shall be deemed to have sustained

3-4  an injury by accident arising out of and in the course of his employment,

3-5  unless the insurer can prove by a preponderance of the evidence that the

3-6  exposure was not related to the employment of the police officer or

3-7  fireman.

3-8    Sec. 3.  NRS 616C.052 is hereby amended to read as follows:

3-9    616C.052  1.  If a police officer or a salaried or volunteer fireman is

3-10  exposed to a contagious disease:

3-11    (a) Upon battery by an offender; or

3-12    (b) While performing the duties of a police officer or

3-13  fireman,

3-14  the employer of the police officer or fireman shall create and maintain a

3-15  report concerning the exposure that includes, without limitation, the name

3-16  of each police officer or fireman, as applicable, who was exposed to the

3-17  contagious disease and the name of each person, if any, to whom the police

3-18  officer or fireman was exposed.

3-19    2.  Except as otherwise provided in paragraph (d) of subsection 2 of

3-20  NRS 616A.265, if the results of a physical examination administered

3-21  pursuant to NRS 617.455 or 617.457 to a police officer or a salaried or

3-22  volunteer fireman after the commencement of his employment reveal that

3-23  the police officer or fireman tested positive for exposure to tuberculosis,

3-24  the police officer or fireman is eligible, during his lifetime, to receive

3-25  compensation pursuant to chapters 616A to 617, inclusive, of NRS for

3-26  tuberculosis and any additional diseases or conditions that are associated

3-27  with or result from tuberculosis.

3-28    3.  If the employment of a police officer or a salaried or volunteer

3-29  fireman is terminated, voluntarily or involuntarily, the employer of the

3-30  police officer or fireman shall[, at] :

3-31    (a) At the time of termination and at 3 months after the date of

3-32  termination, provide to the police officer or fireman a purified protein

3-33  derivative skin test to screen for exposure to tuberculosis, unless the

3-34  police officer or fireman previously submitted to such a test and tested

3-35  positive for exposure to tuberculosis. Except as otherwise provided in

3-36  paragraph (d) of subsection 2 of NRS 6161A.265, if a skin test

3-37  administered pursuant to this paragraph and provided to the employer

3-38  reveals that the police officer or fireman tested positive for exposure to

3-39  tuberculosis, the police officer or fireman is eligible, during his lifetime,

3-40  to receive compensation pursuant to chapters 616A to 617, inclusive, of

3-41  NRS for tuberculosis and any additional diseases or conditions that are

3-42  associated with or result from tuberculosis.

3-43    (b) At the time of termination and at 6 and 12 months after the date of

3-44  termination, provide to the police officer or fireman a blood test to screen

3-45  for other contagious diseases, including, without limitation, hepatitis A,

3-46  hepatitis B, hepatitis C [, tuberculosis] and human immunodeficiency virus.

3-47  If a blood test administered pursuant to this [subsection] paragraph and

3-48  provided to the employer reveals that [a former] the police officer or [a

3-49  former salaried or volunteer] fireman has [a] any other contagious disease

4-1  or the antibodies associated with a contagious disease, the police officer or

4-2  fireman is eligible, during his lifetime, to receive compensation pursuant

4-3  to chapters 616A to 617, inclusive, of NRS for such a disease and any

4-4  additional diseases or conditions that are associated with or result from the

4-5  contagious disease . [pursuant to chapters 616A to 617, inclusive, of NRS.]

4-6    4.  The former employer of a police officer or a salaried or volunteer

4-7  fireman shall pay all the costs associated with providing skin and blood

4-8  tests required pursuant to [this subsection.

4-9    3.] subsection 3.

4-10    5.  As used in this section, the term “battery” includes, without

4-11  limitation, the intentional propelling or placing, or the causing to be

4-12  propelled or placed, of any human excrement or bodily fluid upon the

4-13  person of an employee.

4-14    Sec. 4.  NRS 616C.160 is hereby amended to read as follows:

4-15    616C.160  If, after a claim for compensation is filed pursuant to NRS

4-16  616C.020:

4-17    1.  The injured employee seeks treatment from a physician or

4-18  chiropractor for a newly developed injury or disease; and

4-19    2.  The employee’s medical records for the injury reported do not

4-20  include a reference to the injury or disease for which treatment is being

4-21  sought, or there is no documentation indicating that there was possible

4-22  exposure to an injury described in paragraph (b) , [or] (c) or (d) of

4-23  subsection 2 of NRS 616A.265,

4-24  the injury or disease for which treatment is being sought must not be

4-25  considered part of the employee’s original claim for compensation unless

4-26  the physician or chiropractor establishes by medical evidence a causal

4-27  relationship between the injury or disease for which treatment is being

4-28  sought and the original accident.

4-29    Sec. 5.  NRS 617.454 is hereby amended to read as follows:

4-30    617.454  1.  Any physical examination administered pursuant to NRS

4-31  617.455 or 617.457 must include [a] :

4-32    (a) A thorough test of the functioning of the hearing of the employee[.

4-33  The test] ; and

4-34    (b) A purified protein derivative skin test to screen for exposure to

4-35  tuberculosis.

4-36    2.  The tests required by this section must be paid for by the employer.

4-37    Sec. 6.  The provisions of this act do not apply to an employee who,

4-38  before July 1, 2001, is receiving compensation pursuant to the provisions

4-39  of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

4-40    Sec. 7.  This act becomes effective on July 1, 2001.

 

4-41  H