State Legislation
Nevada
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Legislature Status: Not in session in 2020; most interim committee meetings have been canceled through March.
- Nevada Department of Health and Human Services coronavirus resource page.
- April 10, 2020 – The Governor and Department of Employment, Training and Rehabilitation announced the selection of a vendor to provide at least 100 full-time operators to boost unemployment insurance call center capacity during a period of unprecedented demand.
Legislation
- SB 289 Amends Nevada code relating to workers’ compensation for permanent partial disability. Enacted
Nevada Regulatory Updates 04/20/2023
AB 441 – An Act Relating to Industrial Insurance; Revising Certain Requirements to Make Certain Insurance Records Available For Inspection; Removing the Requirement That Certain Entities Maintain a Telephone Service to Accept Collect Calls from Injured Employees; Revising the Circumstances Under Which the Administrator of the Division of Industrial Relations of the Department of Business and Industry Is Authorized to Remove a Physician or Chiropractic Physician from a List or Panel of Physicians and Chiropractic Physicians Who May Provide Certain Medical Services Relating to the Nevada Industrial Insurance Act; Requiring the Administrator to Publish Annual and Quarterly Reports; Authorizing Certain Physicians and Chiropractic Physicians to Decline to Perform Certain Evaluations Under Certain Circumstances; Authorizing Certain Injured Employees to Request Certain Additional Examinations; Revising Requirements For Calculating the Value of Certain Payments Pursuant to the Act For a Permanent Partial Disability; Revising Provisions Relating to an Appeal of Certain Determinations of the Administrator; Requiring Certain Insurance Claims to Be Administered By Certain Persons; and Providing Other Matters Properly Relating Thereto.
Issues: Workers’ Compensation (General)
Summary:
This measure makes a series of changes related to workers’ compensation records and network membership. First, it allows insurers and third party administrators to maintain electronic copies of records provided they are made available within the state for review. Second, it expands allowable reasons physicians to be removed from an insurers’ list or panel, namely if they do not treat injured employees. It also revises the selection methodology for selection of physician for disability rating examination. It also requires insurers to include the employee’s age when calculating lump sum benefits. Finally, it clarifies appeal rights for injured employees, that certain sections of existing law do not preclude appeal or second determination. It takes effect January 1, 2024.
Most Recent Update:
03/27/2023 This measure was introduced and referred to the Assembly Committee on Commerce and Labor. This measure is eligible for consideration in the committee of referral.
AB 410 – An Act Relating to Industrial Insurance; Revising the Circumstances In Which Certain Employees Are Authorized to Receive Compensation Under Industrial Insurance For Certain Stress-Related Claims; and Providing Other Matters Properly Relating Thereto.
Issues: Workers’ Compensation (General)
Summary:
This measure expands workers’ compensation coverage to include ailments or disorders cause by gradual mental stimulus or a series of events. It is effective January 1, 2024
Most Recent Update:
03/27/2023 This measure was introduced and referred to the Assembly Committee on Commerce and Labor. This measure is eligible for consideration in the committee of referral.
Nevada Regulatory Updates 03/03/2023
AB 165 – An Act Relating to Workers’ Compensation; Revising Provisions Governing the Payment In a Lump Sum For Certain Claimants With a Permanent Partial Disability; and Providing Other Matters Properly Relating Thereto.
Issues: Workers’ Compensation (General)
Summary:
This measure allows workers’ compensation claimants with injuries not exceeding 30% to elect to receive their payments in a lump sum. This measure is effective retroactively to July 1, 2017.
Most Recent Update:
02/20/2023 This measure was heard on February 22 in the Assembly Commerce and Labor Committee. This measure passed committee by an undisclosed vote. This measure awaits further consideration in the chamber.
Nevada Regulatory Updates 01/17/2023
BDR 777 – Revises Provisions Governing Workers’ Compensation
Issues: Workers’ Compensation (General)
Summary:
Not provided.
Most Recent Update:
12/10/2022 This measure has been prefiled for the 2023 legislative session. The sponsor is a member of the majority party. This measure has garnered the support of co-sponsors. This Bill Draft Resolution (BDR) is eligible to be referred to a committee.
Nevada Regulatory Updates 12/1/2022
BDR 491 – Revises Provisions Governing Workers’ Compensation
Issues: Workers’ Compensation (General)
Summary:
Not provided.
Most Recent Update:
11/7/2022 This measure has been prefiled for the 2023 legislative session. Bill draft requests (B.D.R.) have begun to be released for the 2023 Legislative Session. Legislators, committees, departments and statewide elected officials may submit BDRs in advance of the upcoming legislative session. A BDR contains only a short title for the measure. BDRs will not receive text until they are introduced during the regular session, although they are not required to be introduced. The Legislative Counsel will accept 10 bill draft requests from every Assembly Member and Senator. The Legislative Counsel will also accept 50 bill draft requests in total from the standing committees of each chamber.
Nevada Regulatory Updates 7/12/2021
SB 289 – An Act Relating to Workers’ Compensation; et al. See Update 6/3/2021 for full title.
Issues: Workers’ Compensation (Medical Coverage and Reimbursement); Workers’ Compensation (General)
Summary:
This measure amends Nevada code relating to workers’ compensation for permanent partial disability. See Update 6/3/2021 for full summary.
Most Recent Update:
5/31/2021 This measure has been signed by Governor Steve Sisolak (D). The measure takes effect upon enactment.
Nevada Regulatory Updates 6/3/2021
SB 289 – An Act Relating to Workers’ Compensation; Establishing Provisions Relating to the Apportionment of Percentages For Present and Previous Disabilities; Requiring an Insurer to Send a Written Determination Regarding an Industrial Insurance Claim By Facsimile Under Certain Circumstances; Making Compensation For an Industrial Injury or Occupational Disease Subject to an Attorney’s Lien; Providing For the Tolling of Certain Periods to Request a Hearing or Appeal Under Certain Circumstances; Providing For an Award of Certain Costs to a Claimant Who Prevails In a Contested Claim; Providing For the Restoration of Certain Benefits and Rights of a Claimant Who Accepts a Lump Sum Payment For a Permanent Partial Disability; Revising Provisions Governing the Appointment of a Vocational Rehabilitation Counselor For an Injured
Employee; and Providing Other Matters Properly Relating Thereto.
Issues: Workers’ Compensation (Medical Coverage and Reimbursement); Workers’ Compensation (General)
Summary:
This measure amends Nevada code relating to workers’ compensation for permanent partial disability. This measure states that if a rating evaluation was completed for a previous disability involving a condition, disease, or body part that is identical to the one being evaluated for the present disability, the percentage of disability for a subsequent injury must be determined by deducting the percentage of the previous disability from the percentage of the present disability. The compensation awarded for a permanent disability on a subsequent injury must be reduced only by the awarded or agreed-upon percentage of disability actually received by the injured employee for the previous injury regardless of the percentage of the previous disability. If no rating evaluation performed before the date of injury exists for apportionment of percentage of present and previous disabilities as provided for above, the percentage of the present disability may not be reduced unless (i) the insurer proves by a preponderance of the evidence that documentation that existed before the date of injury demonstrate evidence that the injured employee had an actual relevant impairment or disability; and (ii) the rating physician or chiropractor states to a reasonable degree of probability that the injured employee would have had a specific percentage of disability immediately before the injury. If there is physical evidence of a prior surgery on the same body part being evaluated but no medical documentation can be obtained, the rating physician or chiropractor may apportion the rating. If there is no physical evidence of a prior surgery or documentation of a preexisting impairment, the percentage of present impairment may not be reduced.
This measure allows examination and treatment to be provided by a physician assistant or advanced practice registered nurse and, if so provided, requires the physician assistant or advanced practice registered nurse to file a claim for compensation and provide a copy of the claim to the injured employee. If requested by the claimant or their agent, this bill requires insurers to send written determinations by facsimile or other electronic transmission for which proof of sending and receipt is readily verifiable and retained. This bill requires those time periods for requesting a hearing be tolled if the insurer does not mail or send a facsimile of the determination regarding the claim. This measure outlines the costs that may be awarded to a claimant. This bill states that if a claimant is awarded costs, the claimant must serve on the insurer and the employer within 15 calendar days a memorandum of the costs in the action, verified by oath that the costs have been necessarily incurred. The insurer must respond within 15 calendar days with a determination letter regarding which costs are allowed or disallowed. This bill requires that in the event of a dispute over compensation, the insurer must make installment payment to the injured employee for the portion of the awarded that is not in dispute (i) by the required date; and (ii without requiring the injured employee decide to receive compensation in installments or lump sum.
This measure provides the claimant with the right to conclude or resolve any contested matter which is pending at the time that the claimant executes their election to receive payment for a permanent partial disability in a lump sum, with exceptions.
This measure does not outline any rulemaking or enforcement mechanisms. This measure will take effect upon enactment.
Most Recent Update:
5/25/2021 This measure has been delivered to Governor Steve Sisolak (D). Since the Legislature is in session, the Governor has five days, excluding Sundays, to sign or veto this measure. If the Governor does not sign this measure, this measure will be enacted without a signature. If the Governor vetoes this measure, this measure will be sent back to its chamber of origin with a message explaining the Governor’s objections and recommendations which will remove such objections. The Legislature can overturn the Governor’s veto with a 2/3 majority vote in both legislative chambers.
Nevada Regulatory Updates 11/01/2019
SB 365 – Revises provisions relating to health insurance
Issues: Managed Care, PPOs, Provider Contracts, Special Request, Workers’ Compensation (General), Workers’ Compensation (Networks)
Summary:
This measure prohibits a health carrier from granting access to services and contractual discounts of a provider of health care pursuant to a provider network contract, unless the provider network contract specifically states that the health carrier may enter into an agreement with a third party to obtain the rights and responsibilities of the health carrier and the third party accessing the provider network contract is contractually obligated to comply with all applicable terms, limitations, and conditions of the provider contract.
This measure requires a health carrier that grants access to services and contractual discounts of a provider of health care to identify and provide to the provider a written or electronic list of all third parties known at the time of contracting to which the health carrier has or will grant access to the services and contractual discounts of the provider contract. The measure requires the health carrier to maintain an internet website or another readily available mechanism through which a provider may obtain a listing, at least every 90 days, of the third parties which have access to their provider contract.
The measure requires a third party that has been granted access to a provider network contract and that subsequently grants access to another third party to comply with the responsibilities of the contract.
The measure requires a health carrier and third parties to comply with this measure when submitting remittance advice and explanation of payments to providers of health care.
The measure requires, at least 30 days before the date of termination of a provider network contract, a health carrier to provide written notification of the contract termination to the affected providers of health care and covered persons.
This measure does not apply to provider network contracts for services provided under Medicaid or contracts for limited-scope vision benefits.
Most Recent Update: This measure was signed by Governor Steve Sisolak (D) on June 1. This measure becomes effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on January 1, 2020, for all other purposes.
SB 381 – Revises provisions relating to workers’ compensation
Issues: Workers’ Compensation (General), Workers’ Compensation (Networks)
Summary:
This measure makes changes to workers’ compensation laws.
This measure establishes the choice of a treating physician or chiropractor as a substantive right and benefit of an injured employee. The measure requires an insurer’s list of physicians and chiropractors from which an injured employee may choose to include at least 12 physicians or chiropractors in each of the following disciplines and specializations:
i. Orthopedic surgery on spines;
ii. Orthopedic surgery on shoulders;
iii. Orthopedic surgery on elbows;
iv. Orthopedic surgery on wrists;
v. Orthopedic surgery on hands;
vi. Orthopedic surgery on hips;
vii. Orthopedic surgery on knees;
viii. Orthopedic surgery on ankles;
ix. Orthopedic surgery on feet;
x. Neurosurgery;
xi. Neurology;
xii. Cardiology;
xiii. Pulmonology;
xiv. Psychiatry;
xv. Pain management;
xvi. Occupational medicine;
xvii. Physiatry or physical medicine;
xviii. general practice or family medicine; and
xix. Chiropractic medicine.
The measure provides that if the panel of physicians and chiropractors maintained by the Administrator contains fewer than 12 physicians or chiropractors for a discipline or specialization specified above, the insurer’s list must include all of the listed providers for that discipline or specialization.
The measure stipulates that if an insurer fails to maintain a list of physicians and chiropractors that complies with these requirements, an injured employee may choose a physician or chiropractor from the panel of health care providers maintained by the Administrator.
This measure requires each insurer to update the list of physicians and chiropractors and to file it with the Administrator of the Division of Industrial Relations. The measure also prohibits a physician or chiropractor from being involuntarily removed from an insurer’s list of providers except for good cause. Unless the physician or chiropractor is removed for good cause, the measure allows an injured employee to continue to receive care from them even after their removal.
This measure also requires the Administrator to maintain and update annually, on or before July 1, a panel of physicians and chiropractors who have demonstrated special competence in treating injured workers, including information relating to the providers and their discipline or specialization.
Most Recent Update: This measure was signed by Governor Steve Sisolak (D) on June 12. This measure becomes effective on January 1, 2020.
Nevada Services
- Workers’ compensation claims administration
- Medical bill review in compliance with state requirements
- Local PPO development and management
- Case management services
Nevada Resources
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