Assembly Bill No. 114-Committee on Labor and Management

(On Behalf of the Division of Industrial Relations
of the Department of Business and Industry)

February 3, 1997
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Referred to Committee on Labor and Management

SUMMARY--Revises provisions relating to certification and authorization of insurer to provide industrial insurance. (BDR 53-594)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.

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

AN ACT relating to industrial insurance; eliminating the duty of the division of industrial relations of the department of business and industry to certify or authorize insurers to provide industrial insurance; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 NRS 616A.465 is hereby amended to read as follows:
616A.465 1. Except as otherwise provided in this section, the division shall:
(a) [Certify or authorize whether an insurer meets the requirements of chapters 616A to 617, inclusive, of NRS to provide industrial insurance;
(b)] Regulate insurers pursuant to chapters 616A to 617, inclusive, of NRS [;
(c)] ; and
(b) Investigate insurers regarding compliance with statutes and the division's regulations . [; and
(d) If necessary, suspend the certification or authorization of an insurer to provide industrial insurance.]
2. The commissioner is responsible for reviewing rates, investigating the solvency of insurers, authorizing private carriers pursuant to chapter 680A of NRS and certifying:
(a) Self-insured employers pursuant to NRS 616B.300 to 616B.330, inclusive, and 616B.336;
(b) Associations of self-insured public or private employers pursuant to NRS 616B.350 to 616B.446, inclusive; and
(c) Third-party administrators pursuant to chapter 683A of NRS.
3. The department of administration is responsible for contested claims relating to industrial insurance pursuant to NRS 616C.310 to 616C.385, inclusive. The administrator is responsible for administrative appeals pursuant to NRS 616B.215.
4. The Nevada attorney for injured workers is responsible for legal representation of claimants pursuant to NRS 616A.435 to 616A.460, inclusive, and 616D.120.
5. The division is responsible for the investigation of complaints. If a complaint is filed with the division, the administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons. If the administrator determines that a violation may have occurred, the administrator shall proceed in accordance with the provisions of NRS 616D.120 and 616D.130.
Sec. 2 This act becomes effective at 12:01 a.m. on July 1, 1999.

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