2001 REGULAR SESSION (71st)                                                                   CA SB99 R2 CA11

Amendment No. CA11

 

First Conference Committee Amendment to Senate Bill No. 99  Second Reprint                 (BDR 57‑132)

Proposed by: First Conference Committee

Amendment Box: Resolves conflict with A.B. No. 338. Makes substantive changes.

Resolves Conflicts with: AB338

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend sec. 1.5, page 2, line 9, by deleting “If” and inserting:

“[If] Except as otherwise provided in this section, if”.

     Amend sec. 1.5, page 2, by deleting lines 39 through 41 and inserting:

     “6.  The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the administrator.”.

     Amend sec. 3, page 3, line 13, by deleting “If” and inserting:

“[If] Except as otherwise provided in this section, if”.

     Amend sec. 3, page 3, by deleting lines 43 through 45 and inserting:

     “6.  The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the insurer.”.

     Amend sec. 5, page 4, line 18, by deleting “If” and inserting:

“[If] Except as otherwise provided in this section, if”.

     Amend sec. 5, page 4, by deleting lines 47 through 49 and inserting:

     “6.  The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the insurer.”.

     Amend sec. 7, page 5, line 24, by deleting “If” and inserting:

“[If] Except as otherwise provided in this section, if”.

     Amend sec. 7, page 6, by deleting lines 5 through 7 and inserting:

     “6.  The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the carrier.”.

     Amend sec. 10, page 6, line 35, by deleting “If” and inserting:

“[If] Except as otherwise provided in this section, if”.

     Amend sec. 10, page 7, by deleting lines 17 through 19 and inserting:

     “6.  The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the corporation.”.

     Amend sec. 15, page 9, line 13, by deleting “If” and inserting:

“[If] Except as otherwise provided in this section, if”.

     Amend sec. 15, page 9, by deleting lines 46 through 48 and inserting:

     “6.  The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the health maintenance organization.”.

     Amend sec. 18, page 10, line 24, by deleting “If” and inserting:

“Except as otherwise provided in this section, if”.

     Amend sec. 18, page 11, by deleting lines 23 through 25 and inserting:

     “6.  The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the insurer.”.

     Amend sec. 22, page 13, line 12, by deleting “An” and inserting:

“[An] Except as otherwise provided in this subsection, an”.

     Amend sec. 22, page 13, line 16, by deleting “employment;” and inserting:

“employment [;] :

          (1) In this state; or

          (2) While on temporary assignment outside the state for a period of not more than 12 months;”.

     Amend sec. 22, page 13, between lines 20 and 21, by inserting:

FLUSH
 
“An employee who suffers an accident or injury while on temporary assignment outside the state is not eligible to receive compensation from the uninsured employers’ claim fund unless he has been denied workers’ compensation in the state in which the accident or injury occurred.”.

     Amend sec. 23, page 15, line 4, by deleting “An” and inserting:

“[An] Except as otherwise provided in this subsection, an”.

     Amend sec. 23, page 15, line 8, by deleting “employment;” and inserting:

“employment:

          (1) In this state; or

          (2) While on temporary assignment outside the state for a period of not more than 12 months;”.

     Amend sec. 23, page 15, between lines 11 and 12, by inserting:

FLUSH
 
“An employee who contracts an occupational disease that arose out of and in the course of employment while on temporary assignment outside the state is not entitled to receive compensation from the uninsured employers’ claim fund unless he has been denied workers’ compensation in the state in which the disease was contracted.”.

     Amend the bill as a whole by adding a new section designated sec. 23.5, following sec. 23, to read as follows:

     “Sec. 23.5. Section 10 of Assembly Bill No. 338 of this session is hereby amended to read as follows:

   Sec. 10. NRS 616C.135 is hereby amended to read as follows:

   616C.135  1.  A provider of health care who accepts a patient as a referral for the treatment of an industrial injury or an occupational disease may not charge the patient for any treatment related to the industrial injury or occupational disease, but must charge the insurer. The provider of health care may charge the patient for any services that are not related to the employee’s industrial injury or occupational disease.

   2.  The insurer is liable for the charges for approved services related to the industrial injury or occupational disease if the charges do not exceed:

   (a) The fees established in accordance with NRS 616C.260 or the usual fee charged by that person or institution, whichever is less; and

   (b) The charges provided for by the contract between the provider of health care and the insurer or the contract between the provider of health care and the organization for managed care.

   3.  A provider of health care may accept payment from an injured employee who is paying in protest pursuant to section 5 of this act for treatment or other services that the injured employee alleges are related to the industrial injury or occupational disease.

   4.  If a provider of health care, an organization for managed care, an insurer or an employer violates the provisions of this section, the administrator shall impose an administrative fine of not more than $250 for each violation.”.

      Amend the title of the bill, ninth line, by deleting “fund;” and inserting:

“fund under certain circumstances;”.