(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Assembly Bill No. 147-Assemblymen Goldwater, Herrera, Giunchigliani, Krenzer, Braunlin and Buckley
February 6, 1997
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Referred to Committee on Labor and Management
SUMMARY--Limits circumstances under which certain persons may communicate with physician or chiropractor of injured employee. (BDR 53-829)
FISCAL NOTE: Effect on Local Government: Yes.
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; limiting the circumstances under which certain persons may communicate with the physician or chiropractor of an injured employee; 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 Chapter 616D of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer, an employer, an organization for managed care, a third-party administrator or the representative of any of those persons, the Nevada attorney for injured workers or an attorney or other compensated representative of an injured employee shall not initiate:
(a) Any oral communication relating to the medical disposition of the claim of an injured employee with the injured employee's examining or treating physician or chiropractor unless the initiator of the oral communication:
(1) Maintains, in written form or in a form from which a written record may be produced, a log that includes the date, time and subject matter of the communication; and
(2) Makes the log available, upon request, to each insurer, organization for managed care and third-party administrator interested in the claim or the representative of each of those persons, the administrator and the injured employee, his representative and his employer; or
(b) Any written communication relating to the medical disposition of the claim with the injured employee's examining or treating physician or chiropractor unless a copy of the communication is submitted to the injured employee or his representative in a timely manner.
2. If the administrator determines that a person has violated the provisions of this section, he shall:
(a) For an initial violation, issue a notice of correction.
(b) For a second violation, impose an administrative fine of not more than $250.
(c) For a third or subsequent violation, impose an administrative fine of not more than $1,000.