Assembly Bill No. 609

Assembly Bill No. 609-Committee on Labor and Management

CHAPTER

410

AN ACT relating to industrial insurance; providing for the electronic transmission of documents related to claims; clarifying the authority of insurers to purchase annuities for the payment of claims; authorizing the manager of the state industrial insurance system to establish a plan for designating small employers for the purposes of establishing their premiums; revising the provisions governing the financial administration of the system; repealing the provisions authorizing the imposition of a surcharge to ensure the solvency of the system; restricting, for a limited period, the manner in which private carriers may determine premiums for insured employers; and providing other matters properly relating thereto.

[Approved July 16, 1997]

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

Section 1. Chapter 616A of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in chapters 616A to 617, inclusive, of NRS, a form, notice, claim, bill or other document required to be filed, mailed or delivered pursuant to the provisions of those chapters, or any regulations adopted pursuant thereto, may, in the alternative, be filed or delivered by electronic transmission.
2. For the purposes of the provisions of chapters 616A to 617, inclusive, of NRS, and any regulations adopted pursuant thereto, a signature on a form, notice, claim, bill or other document that is filed or delivered by electronic transmission has the same legal effect as the original signature.
3. The administrator may adopt such regulations as are necessary to provide for the filing or delivery of such documents by electronic transmission.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 616A.470 is hereby amended to read as follows:
616A.4701. Except as otherwise provided in subsection 2, each self-insured employer, association of self-insured public or private employers and private carrier shall compensate the system, the office of the Nevada attorney for injured workers or the hearings division of the department of administration, as appropriate, for all services which the system, the occupational safety and health review board, the Nevada attorney for injured workers, the mediators and the appeals officers provide to those employers . [if the rate is established by a regulation of the system.] The cost of any service [for which a rate is not established by regulation] must be negotiated by the employer, association or private carrier and the system, the Nevada attorney for injured workers or the division, as appropriate, before the employer, association or private carrier is charged for the service.
2. All compensation must be on the basis of actual cost and not on a basis which includes any subsidy for the system, the office of the Nevada attorney for injured workers, the division or other employers.
Sec. 4. Chapter 616B of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 10, inclusive, of this act.
Sec. 5. 1. Except as otherwise provided in this section and in NRS 616B.006, 616B.012 and 616B.021, the following records of the system are confidential:
(a) Files of individual claimants and policyholders of the system.
(b) Any reports that contain information that would identify individual claimants and policyholders of the system.
(c) Any proprietary information of the system.
2. The system may disclose such confidential information:
(a) To the governor and any member of his staff authorized to receive such information;
(b) To a member of the legislature and any member of his staff authorized to receive such information;
(c) The administrative director of an executive agency who is otherwise authorized to receive such information pursuant to specific statute or administrative regulation; and
(d) Pursuant to a lawful order issued by a court of competent jurisdiction.
3. A person who obtains such confidential information pursuant to subsection 2 shall not disclose:
(a) The identity of an individual claimant or policyholder of the system; or
(b) Any proprietary information of the system,
except pursuant to a lawful order of a court of competent jurisdiction.
4. As used in this section, "proprietary information" means any information which, if disclosed to the general public, may result in a competitive disadvantage to the system, including, without limitation:
(a) Rules, criteria and standards for underwriting policies that are applied by the system.
(b) Plans or other documents concerning the marketing or strategic planning of the system.
(c) Data, studies and reports concerning the development of new products or services.
(d) Data that identify the share of the market of the system within each class of risk.
(e) Any worksheets relating to the financial condition of the system, except a financial statement resulting from an audit of the system conducted pursuant to NRS 616B.056 and a final report of an audit conducted by the legislative auditor.
(f) The annual actuarial valuation and report of the soundness of the system prepared pursuant to NRS 616B.056.
Sec. 6. In addition to the authority given the manager to determine and fix premium rates pursuant to NRS 616B.206 and 616B.218 to 616B.230, inclusive, the manager may establish a plan for designating employers insured by the system as small employers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. Upon establishing such a plan, the manager may, with the approval of the commissioner, determine and fix the premium rates of those employers pursuant to the plan.
Sec. 7. The manager may establish a plan to review small employers who are insured by the system to encourage such employers to maintain their loss experience at the lowest level possible.
Sec. 8. 1. An insurer may purchase an annuity to ensure the payment of a claim filed with the insurer pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.
2. The commissioner shall adopt such regulations as are necessary to carry out the provisions of this section.
Sec. 9. 1. The account for the administration of extended claims is hereby created in the state insurance fund. The account must be administered by the system and kept as a separate account of the state insurance fund on the records of the system.
2. The assets of the system allocated to the account pursuant to NRS 616B.083 and 680B.060 must be credited to the account.
3. The assets credited to the account must be used solely to satisfy the obligations and liabilities of the state insurance fund for claims for workers' compensation that are related to injuries that were incurred before July 1, 1995.
4. Any assessment required to be paid by insurers to fund the account or to pay for the administration of the account must be approved by the legislature.
Sec. 10. 1. The account for the administration of current claims is hereby created in the state insurance fund. The account must be administered by the system and kept as a separate account of the state insurance fund on the records of the system.
2. All assets of the system not otherwise allocated to the account for the administration of extended claims created pursuant to section 9 of this act must be credited to the account for the administration of current claims.
3. The money and assets credited to the account must be used solely to satisfy the obligations and liabilities of the state insurance fund for claims for workers' compensation that are related to injuries that are incurred on or after July 1, 1995.
Sec. 11. NRS 616B.012 is hereby amended to read as follows:
616B.0121. Except as otherwise provided in this section and in NRS 616B.015, 616B.021 and 616C.205, information obtained from any insurer, employer or employee is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person's identity.
2. Any claimant or his legal representative is entitled to information from the records of the insurer, to the extent necessary for the proper presentation of a claim in any proceeding under chapters 616A to 616D, inclusive, of NRS.
3. The division and administrator are entitled to information from the records of the insurer which is necessary for the performance of their duties. The [manager] administrator may, by regulation, prescribe the manner in which otherwise confidential information may be made available to:
(a) Any agency of this or any other state charged with the administration or enforcement of [workers' compensation law,] laws relating to industrial insurance, unemployment compensation , [law,] public assistance [law] or labor law [;] and industrial relations;
(b) Any state or local agency for the enforcement of child support;
(c) The Internal Revenue Service of the Department of the Treasury;
(d) The department of taxation; and
(e) The state contractors' board in the performance of its duties to enforce the provisions of chapter 624 of NRS.
Information obtained in connection with the administration of a [workers' compensation] program of industrial insurance may be made available to persons or agencies for purposes appropriate to the operation of a [workers' compensation program.] program of industrial insurance.
4. Upon written request made by a public officer of a local government, [the manager] an insurer shall furnish from [the records of the insurer,] its records, the name, address and place of employment of any person listed in [the records of the insurer.] its records. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. The information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The [manager] insurer may charge a reasonable fee for the cost of providing the requested information.
5. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this state may submit to the administrator a written request [to the manager that he furnish from the records of the insurer,] for the name, address and place of employment of any person listed in the records of [the] an insurer. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of a request, the [manager shall] administrator shall instruct the insurer to furnish the information requested. [He] Upon receipt of such an instruction, the insurer shall furnish the information requested. The insurer may charge a reasonable fee to cover any related administrative expenses.
6. The [manager] administrator shall provide lists containing the names and addresses of employers, the number of employees employed by each employer and the total wages paid by each employer to the department of taxation, upon request, for its use in verifying returns for the business tax. The [manager] administrator may charge a reasonable fee to cover any related administrative expenses.
7. [If the manager or any employee of the manager,] Any person who, in violation of this section, discloses information obtained from files of claimants or policyholders, or [if any person who has obtained] obtains a list of claimants or policyholders under chapters 616A to 616D, inclusive, of NRS and uses or permits the use of the list for any political purposes, [he] is guilty of a gross misdemeanor.
8. All letters, reports or communications of any kind, oral or written, from the insurer, or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of chapters 616A to 616D, inclusive, of NRS.
Sec. 12. NRS 616B.033 is hereby amended to read as follows:
616B.0331. Every policy of insurance issued pursuant to chapters 616A to 617, inclusive, of NRS must contain a provision for the requirements of subsection 5 and a provision that insolvency or bankruptcy of the employer or his estate, or discharge therein, or any default of the employer does not relieve the insurer from liability for compensation resulting from an injury otherwise covered under the policy issued by the insurer.
2. No statement in an employer's application for a policy of industrial insurance voids the policy as between the insurer and employer unless the statement is false and would have materially affected the acceptance of the risk if known by the insurer, but in no case does the invalidation of a policy as between the insurer and employer affect the insurer's obligation to provide compensation to claimants arising before the cancellation of the policy. If the insurer is required pursuant to this subsection to provide compensation under an invalid policy, the insurer is subrogated to the claimant's rights against the employer.
3. If an insurer or employer intends to cancel or renew a policy of insurance issued by the insurer pursuant to chapters 616A to 617, inclusive, of NRS, the insurer or employer must give notice to that effect in writing to the administrator and to the other party fixing the date on which it is proposed that the cancellation or renewal becomes effective. The notices must comply with the provisions of NRS 687B.310 to 687B.355, inclusive, and must be served personally on or sent by first-class mail or electronic transmission to the administrator and the other party. If the employer has secured insurance with another insurer which would cause double coverage, the cancellation must be made effective as of the effective date of the other insurance.
4. As between any claimant and the insurer, no defense based on any act or omission of the insured employer, if different from the insurer, may be raised by the insurer.
5. For the purposes of chapters 616A to 617, inclusive, of NRS, as between the employee and the insurer:
(a) Except as otherwise provided in NRS 616C.065, notice or knowledge of the injury to or by the employer is notice or knowledge to or by the insurer;
(b) Jurisdiction over the employer is jurisdiction over the insurer; and
(c) The insurer is bound by and subject to any judgments, findings of fact, conclusions of law, awards, decrees, orders or decisions rendered against the employer in the same manner and to the same extent as the employer.
Sec. 13. NRS 616B.050 is hereby amended to read as follows:
616B.0501. The state industrial insurance system is hereby established as an independent actuarially funded system to insure employers against liability for injuries and occupational diseases for which their employees may be entitled to receive compensation pursuant to chapters 616A to 616D, inclusive, of NRS or chapter 617 of NRS, and the federal Longshoremen's and Harbor Workers' Compensation Act. The system may create one or more entities to carry out the business of the system, which may be operated under any legal name in addition to the state industrial insurance system on behalf of the system.
2. The system is a public agency which administers and is supported by the state insurance fund. The executive and legislative departments of the state government shall regularly review the system.
3. The system is entitled but not required to use any services provided to state agencies. Except as otherwise provided for specified positions, its employees are in the classified service of the state.
[4. The official correspondence and records, including financial records, other than the files of individual claimants and policyholders, and the minutes and books of the system are public records and must be available for public inspection.]
Sec. 14. NRS 616B.056 is hereby amended to read as follows:
616B.056The manager shall:
1. Approve annual and biennial budgets of the system.
2. Approve investment policies of the system.
3. Approve the appointment of investment counselors and custodians of investments.
4. Approve the designation of banks as collection depositories.
5. Approve the appointment of an independent actuary and arrange for an annual actuarial valuation and report of the soundness of the system and the state insurance fund as prepared by the independent actuary.
6. Appoint an independent certified accountant who shall provide an annual audit of the [system] state insurance fund and report to the manager.
7. Before each legislative session, report to the legislature on the operation of the system and any recommendation for legislation which he deems appropriate.
Sec. 15. NRS 616B.065 is hereby amended to read as follows:
616B.065 1. The manager shall select assistant managers [whose appointments are effective upon confirmation by the governor.] who are in the unclassified service of the state and are entitled to receive annual salaries fixed by the manager.
2. The assistant managers shall serve at the pleasure of the manager.
3. The assistant managers must be graduates of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.
Sec. 15.5. NRS 616B.068 is hereby amended to read as follows:
616B.068 The manager [and assistant managers are] is in the unclassified service of the state but [are] is entitled to receive an annual [salaries] salary fixed by the governor.
Sec. 16. NRS 616B.083 is hereby amended to read as follows:
616B.0831. The money and assets held in trust by the system include:
[1.] (a) All premiums and other money paid to the system;
[2.] (b) All property and securities acquired through the use of money in the state insurance fund; and
[3.] (c) All interest and dividends earned upon money in the state insurance fund and deposited or invested as provided in chapters 616A to 616D, inclusive, of NRS.
2. The system shall:
(a) Report to the commissioner only its financial statement and results of operations for the account for current claims in accordance with those accounting principles that are prescribed by the commissioner and applied to other insurers providing coverage for workers' compensation.
(b) Discount its reserve for losses for accounting periods beginning on or after July 1, 1995, at a rate determined by the manager, but not to exceed 4 percent.
(c) Allocate to the account for the administration of extended claims created pursuant to section 9 of this act $650,000,000 in invested assets.
Sec. 17. NRS 616B.170 is hereby amended to read as follows:
616B.170The system may:
1. Use its assets to pay medical expenses, rehabilitation expenses, compensation due claimants of insured employers, and to pay salaries, administrative and other expenses.
2. Rent, lease, buy or sell property in the name of the State of Nevada, and construct and repair buildings as necessary to provide facilities for its operations.
3. Sue and be sued in its own name.
4. Enter into contracts relating to the administration of the system.
5. Contract with physicians, chiropractors, hospitals, and facilities for rehabilitation for medical, surgical, and rehabilitative evaluation, treatment, care and nursing of injured persons entitled to benefits from the system.
6. Contract for the services of experts and other specialists as required by the system.
7. Provide for safety inspections and furnish advisory services to policyholders on measures to promote safety and health.
8. Act in collecting and disbursing money necessary to administer and conduct the business of the system.
9. [Adopt regulations relating to the conduct of] Take such actions as are necessary to conduct the business of the system.
10. Hire personnel to accomplish its purposes and operations.
11. Perform all the functions which are necessary or appropriate to carry out the administration of chapters 616A to 617, inclusive, of NRS.
Sec. 18. NRS 616B.188 is hereby amended to read as follows:
616B.1881. [The system and the rehabilitation division of the department of employment, training and rehabilitation shall annually enter into an agreement which provides for procedures, services, rates, standards for referrals and requirements for reports to ensure cooperation in the providing of services by each agency to persons served by the other when those services are available.
2.] The system may enter into agreements with:
(a) Other public agencies and with private entities to provide assistance to employees who have suffered industrial injuries or occupational diseases; and
(b) Medical facilities or facilities for the dependent to provide services for rehabilitation to patients of such facilities in facilities operated by the system.
[3.] 2. Except as otherwise provided in this subsection, the system may admit to any of its facilities any person:
(a) Who may benefit from its services;
(b) Who has been referred by a physician or chiropractor to receive services for rehabilitation; and
(c) Whose admission is approved by the medical director of the facility.
A person who is not a claimant must not be admitted to a facility if he is terminally ill or referred solely for treatment of abuse of alcohol or drugs.
[4.] 3. In providing services under an agreement entered into pursuant to this section, the system shall give priority to employees who have suffered industrial injuries or occupational diseases. In accepting other persons to provide services for rehabilitation, the system may restrict admissions to those persons who are suffering from injuries similar to industrial injuries.
[5.] 4. Charges for patients who are not claimants of benefits for industrial injuries or occupational diseases must be the same as the charges made for claimants, except that the system may add a reasonable charge for administration of each case.
Sec. 19. (Deleted by amendment.)
Sec. 20. NRS 616B.203 is hereby amended to read as follows:
616B.2031. The [manager] administrator shall make available a program, using a videotape cassette or other means of presentation, concerning the rights and responsibilities of employers and employees pursuant to chapters 616A to 617, inclusive, of NRS. The [manager] administrator shall provide written notification concerning the availability of the program to each chamber of commerce in Nevada and to each statewide association for a business or industry. The program must be available to community organizations, businesses, employers and employees upon request.
2. The [manager] administrator shall provide each:
(a) Employer who attends a program, a certificate which certifies that he has completed the program described in subsection 1. The employer shall post the certificate in his business in a place that is readily accessible and visible to his employees.
(b) Employee who attends a program, a card which certifies that he has completed the program described in subsection 1.
Sec. 21. NRS 616B.215 is hereby amended to read as follows:
616B.2151. Except as otherwise provided in subsection 2:
(a) A principal contractor or an owner of property acting as a principal contractor aggrieved by a letter issued pursuant to NRS 616B.645; or
(b) [An employer aggrieved by a written decision of an employee of the insurer on a matter relating to the employer's account; or
(c)] An employer aggrieved by a determination made pursuant to NRS 616C.585,
may appeal from the letter [, decision] or determination by filing a notice of appeal with the administrator within 30 days after the date of the letter [, decision] or determination.
2. An employer shall not seek to remove costs that have been charged to his account by appealing to the administrator any issue that relates to a claim for compensation if the issue was raised or could have been raised [,] before a hearing officer or an appeals officer pursuant to NRS 616C.315 or 616C.345.
3. The decision of the administrator is the final and binding administrative determination of an appeal filed pursuant to this section, and the whole record consists of all evidence taken at the hearing before the administrator and any findings [of fact and conclusions of law] based thereon.
[4. As used in this section, matters relating to an employer's account:
(a) Include, but are not limited to, an audit of the employer's account and a determination of the appropriate classification of risk for an employer's business.
(b) Do not include a revision of premium rates or classifications of employment.]
Sec. 22. NRS 616B.224 is hereby amended to read as follows:
616B.2241. Every employer [insured by the system] who is not a self-insured employer or a member of an association of self-insured public or private employers shall, at intervals established by [the manager,] his insurer, furnish the [system] insurer with a true and accurate payroll showing:
(a) The total amount paid to employees for services performed;
(b) The amount of tips reported to him by every employee pursuant to 26 U.S.C. § 6053(a) [,] whose tips in cash totaled $20 or more; and
(c) A segregation of employment in accordance with the requirements of the [system,] commissioner,
together with the premium due thereon. The payroll and premium must be furnished to the [system] insurer on or before the date established by the [manager] insurer for the receipt of the payroll and premium.
2. Any employer by agreement in writing with the [manager] insurer may arrange for the payment of premiums in advance at an interval established by the [manager.] insurer.
3. Failure of any employer to comply with the provisions of this section and NRS 616B.218 operates as a rejection of chapters 616A to 616D, inclusive, of NRS, effective at the expiration of the period covered by his estimate. The [manager] insurer shall notify the administrator of each such rejection.
4. If an audit of the accounts or actual payroll of an employer shows that the actual premium earned exceeds the estimated premium paid in advance, the [manager] insurer may require the payment of money sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.
5. The [manager] insurer shall notify any employer or his representative by first-class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of chapters 616A to 616D, inclusive, of NRS as otherwise provided in those chapters.
6. The system may impose a penalty not to exceed 10 percent of the premiums which are due or $15, whichever is greater, for the failure of an employer insured by the system to submit the information and premium required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.
7. To the extent permitted by federal law, the [system] insurer shall vigorously pursue the collection of premiums that are due under the provisions of chapters 616A to 616D, inclusive, of NRS even if an employer's debts have been discharged in a bankruptcy proceeding.
Sec. 23. NRS 616B.236 is hereby amended to read as follows:
616B.2361. Except as otherwise provided in subsection 2, when any premium of an employer [insured by the system as provided in chapters 616A to 616D, inclusive, of NRS] remains unpaid on the date on which it becomes due, as prescribed by NRS 616B.224, it bears interest at the rate of 1 percent for each month or portion of a month thereafter until payment of the premium, plus accrued interest, is received by the [manager.] insurer.
2. The amount of a determination of a deficiency made pursuant to NRS 616D.200 against an employer insured by the system bears interest at the rate of 1 percent for each month or portion of a month from the date on which the determination becomes final until payment of the amount, plus accrued interest, is received by the manager.
Secs. 24 and 25. (Deleted by amendment.)
Sec. 26. NRS 616B.472 is hereby amended to read as follows:
616B.4721. The commissioner shall suspend the authorization of a private carrier to provide industrial insurance for 1 year [,] if the commissioner finds that the private carrier has intentionally or repeatedly failed to comply with the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or the regulations of the division.
2. Before the commissioner suspends the authorization of a private carrier, he shall arrange an informal meeting with the private carrier to discuss and seek correction of any conduct which would be grounds for suspension.
3. Before the suspension of the authorization, the commissioner shall give written notice to the private carrier by certified mail or electronic transmission that its authorization will be suspended within 10 days after it receives the notice unless, within that time, the private carrier corrects the conduct set forth in the notice as the reason for the withdrawal or submits a written request for a hearing to the commissioner.
4. If the private carrier requests a hearing:
(a) The commissioner shall set a date for a hearing within 20 days after receiving the notice of the appeal and shall give the private carrier at least 10 business days' notice of the time and place of the hearing.
(b) A record of the hearing must be kept but it need not be transcribed unless requested by the private carrier. The cost of transcription must be charged to the private carrier.
5. Within 5 days after the hearing, the commissioner shall affirm or deny his order suspending the authorization of the private carrier and notify the private carrier by certified mail or electronic transmission of his decision.
6. If the private carrier does not comply with the order of the commissioner during the period of suspension of the authorization, the commissioner shall file an order prohibiting the private carrier from issuing new policies until the order has expired. A copy of the order must be sent by certified mail or electronic transmission to the private carrier.
Sec. 27. NRS 616B.540 is hereby amended to read as follows:
616B.5401. If an employee of an employer who is insured by the system has a permanent physical impairment from any cause or origin and incurs a subsequent disability by injury arising out of and in the course of his employment which entitles him to compensation for a disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must not be charged to the employer's account if:
(a) The employee knowingly made a false representation as to his physical condition at the time he was hired by the employer;
(b) The employer relied upon the false representation and this reliance formed a substantial basis of the employment; and
(c) A causal connection existed between the false representation and the subsequent disability.
2. If the subsequent injury of the employee results in his death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must not be charged to the employer's account.
3. To qualify for the removal of a charge from his account pursuant to this section, the employer must establish by written records that he had knowledge of the permanent physical impairment at the time the employee was hired or that the employee was retained in employment after the employer acquired that knowledge.
4. The employer shall notify the manager of any possible claim pursuant to this section as soon as practicable, but not later than 100 weeks after the subsequent injury or death.
5. The manager shall [adopt regulations which] take such actions as are necessary to carry out the requirements of this section.
6. An appeal of any decision made concerning a charge or removal of a charge pursuant to this section must be submitted directly to an appeals officer. The appeals officer shall hear the appeal within 45 days after the appeal is submitted to him.
7. As used in this section, "permanent physical impairment" means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a "permanent physical impairment" unless it would support a rating of permanent impairment of 6 percent or more of the whole man if evaluated according to the American Medical Association's Guides to the Evaluation of Permanent Impairment as adopted and supplemented pursuant to NRS 616C.110.
Sec. 28. NRS 616B.630 is hereby amended to read as follows:
616B.6301. An insurer of a contractor shall notify the state contractors' board within 10 days after the contractor's coverage has lapsed. [Upon receipt of such notification, the administrator shall notify the state contractors' board of the lapse in coverage.]
2. The commissioner shall notify the administrator and the state contractors' board within 10 days after a contractor's certificate of qualification as a self-insured employer is canceled or withdrawn or he is no longer a member of an association of self-insured public or private employers.
Secs. 29-34. (Deleted by amendment.)
Sec. 35. NRS 616C.005 is hereby amended to read as follows:
616C.005On or before September 1 of each year [, the] :
1. The system shall distribute to each employer that it insures [and shall make available to physicians and chiropractors,] any form for reporting injuries that has been revised within the previous 12 months.
2. The administrator shall make available to physicians and chiropractors any form for reporting injuries that has been revised within the previous 12 months.
Sec. 36. NRS 616C.005 is hereby amended to read as follows:
616C.005 On or before September 1 of each year:
1. [The system] An insurer shall distribute to each employer that it insures any form for reporting injuries that has been revised within the previous 12 months.
2. The administrator shall make available to physicians and chiropractors any form for reporting injuries that has been revised within the previous 12 months.
Sec. 37. NRS 616C.040 is hereby amended to read as follows:
616C.0401. A treating physician or chiropractor shall, within 3 working days after he first treats an injured employee for a particular injury, complete and [mail to] file with the employer of the injured employee and [to] the employer's insurer, a claim for compensation. If the employer is a self-insured employer, the treating physician or chiropractor shall [mail] file the claim for compensation [to] with the employer's third-party administrator. If the physician or chiropractor files the claim for compensation by electronic transmission, he shall, upon request, mail to the insurer or third-party administrator the form that contains the original signatures of the injured employee and the physician or chiropractor. The form must be mailed within 7 days after receiving such a request.
2. A claim for compensation required by subsection 1 must be on a form prescribed by the administrator.
3. If a claim for compensation is accompanied by a certificate of disability, the certificate must include a description of any limitation or restrictions on the injured employee's ability to work.
4. Each physician, chiropractor and medical facility that treats injured employees, each insurer, third-party administrator and employer, and the division shall maintain at their offices a sufficient supply of the forms prescribed by the administrator for filing a claim for compensation.
5. The administrator shall impose an administrative fine of not more than $1,000 on a physician or chiropractor for each violation of subsection 1.
Sec. 38. NRS 616C.045 is hereby amended to read as follows:
616C.0451. Within 6 working days after the receipt of a claim for compensation from a physician or chiropractor, an employer shall complete and [mail to] file with his insurer or third-party administrator an employer's report of industrial injury or occupational disease.
2. The report must:
(a) Be on a form prescribed by the administrator;
(b) Be signed by the employer or his designee;
(c) Contain specific answers to all questions required by the regulations of the administrator; and
(d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician or chiropractor indicates that the injured employee is expected to be off work for 5 days or more.
3. [An employee of the system shall not complete the report required by subsection 1 or any other form relating to the accident on behalf of the employer unless the employer:
(a) Is not in business;
(b) Has not been located by the system within 5 working days after receipt of a claim for compensation; or
(c) Refuses to complete the report.] An employer who files the report required by subsection 1 by electronic transmission shall, upon request, mail to the insurer or third-party administrator the form that contains the original signature of the employer or his designee. The form must be mailed within 7 days after receiving such a request.
4. The administrator shall impose an administrative fine of not more than $1,000 on an employer for each violation of this section.
Sec. 39. NRS 616C.130 is hereby amended to read as follows:
616C.130The insurer shall not authorize the payment of any money to a physician or chiropractor for services rendered by him in attending an injured employee until an itemized statement for the services has been received by the insurer accompanied by a certificate of the physician or chiropractor stating that a duplicate of the itemized statement has been [mailed or personally delivered to] filed with the employer of the injured employee.
Sec. 40. NRS 616C.220 is hereby amended to read as follows:
616C.2201. An employee may receive compensation from the uninsured employers' claim fund if:
(a) He was hired in this state or he is regularly employed in this state;
(b) He suffers an accident or injury in this state which arises out of and in the course of his employment;
(c) He files a claim for compensation with the [system pursuant to NRS 616C.020;
(d) He files written notice with the] division; and
[(e)] (d) He makes an irrevocable assignment to the division of a right to be subrogated to the rights of the injured employee pursuant to NRS 616C.215.
2. If the [system] division receives a claim pursuant to subsection 1, the [system] division shall immediately [:
(a) Notify] notify the employer of the claim . [; and
(b) Deliver to the division any evidence regarding the claim and any evidence indicating that the employer was uninsured.]
3. For the purposes of this section, the employer has the burden of proving that he provided mandatory industrial insurance coverage for the employee or that he was not required to maintain industrial insurance for the employee.
4. Any employer who has failed to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS is liable for all payments made on his behalf, including any benefits, administrative costs or attorney's fees paid from the uninsured employers' claim fund or incurred by the division.
5. The division:
(a) May recover from the employer the payments made by the division that are described in subsection 4 and any accrued interest by bringing a civil action in district court.
(b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the employee's injury.
(c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.
(d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.
6. The division shall:
(a) Determine whether the employer was insured within 30 days after receiving notice of the claim from the employee.
(b) Assign the claim to the system for administration of the claim, payment of benefits and reimbursement of costs of administration and benefits paid to the system.
Upon determining that a claim is invalid, the system shall notify the claimant, the named employer and the division that the claim will not be assigned for benefits from the uninsured employers' claim fund.
7. Any party aggrieved by a decision regarding the administration of an assigned claim or a decision made by the division or by the system regarding any claim made pursuant to this section may appeal that decision within 60 days after the decision is rendered to the hearings division of the department of administration in the manner provided by NRS 616C.305 and 616C.315 to 616C.385, inclusive.
8. All insurers shall bear a proportionate amount of a claim made pursuant to chapters 616A to 616D, inclusive, of NRS, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.
9. An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers' claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.
10. Attorney's fees recoverable by the division pursuant to this section must be:
(a) If a private attorney is retained by the division, paid at the usual and customary rate for that attorney.
(b) If the attorney is an employee of the division, paid at the rate established by regulations adopted by the division.
Any money collected must be deposited to the uninsured employers' claim fund.
11. In addition to any other liabilities provided for in this section, the administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS.
Sec. 40.5. NRS 616C.235 is hereby amended to read as follows:
616C.2351. Except as otherwise provided in subsection 2:
(a) When the insurer determines that a claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the claim to the claimant by first-class mail addressed to the last known address of the claimant. The notice must include a statement that if the claimant does not agree with the determination, he has a right to request a resolution of the dispute pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive. A suitable form for requesting a resolution of the dispute must be enclosed with the notice. The closure of a claim is not effective unless notice is given as required by this subsection.
(b) If the insurer does not receive a request for the resolution of the dispute, it may close the claim.
(c) Notwithstanding the provisions of NRS 233B.125, if a hearing is conducted to resolve the dispute, the decision of the hearing officer may be served by first-class mail.
2. If the medical benefits required to be paid for a claim are less than $500, the claim closes automatically if the claimant does not receive medical treatment for the injury for at least [6] 12 months. The claimant may not appeal the closing of such a claim.
Sec. 41. NRS 616C.255 is hereby amended to read as follows:
616C.2551. The system and each private carrier shall collect a premium upon the total payroll of every employer insured by the system or private carrier at the rate filed with the commissioner pursuant to chapter 686B of NRS.
2. Every employer paying this premium is relieved from furnishing accident benefits, and the accident benefits must be provided by the system [.] or private carrier.
3. The system or private carrier is liable for any accident benefits provided in this section. The account provided for accident benefits must be kept as a separate account on the records of the system [.] or private carrier.
Sec. 42. NRS 616C.280 is hereby amended to read as follows:
616C.280The administrator may withdraw his approval of an employer's providing accident benefits for his employees and require the employer to pay the premium collected pursuant to NRS 616C.255 if the employer intentionally:
1. Determines incorrectly that a claimed injury did not arise out of and in the course of the employee's employment;
2. Fails to advise an injured employee of his rights under chapters 616A to 616D, inclusive, of NRS;
3. Impedes the determination of disability or benefits by delaying a needed change of an injured employee's physician or chiropractor;
4. Causes an injured employee to file a legal action to recover any compensation or other medical benefits due him from the employer;
5. Violates any of his or the [department's] division's regulations regarding the provision of accident benefits by employers; or
6. Discriminates against an employee who claims benefits under chapters 616A to 616D, inclusive, of NRS.
Sec. 43. NRS 616C.285 is hereby amended to read as follows:
616C.2851. If an employer requests a hearing concerning the withdrawal of approval pursuant to NRS 616C.280, the administrator shall set a date for a hearing within 20 days after receiving the request, and shall give the employer at least 10 business days' notice of the time and place of the hearing.
2. A record of the hearing must be kept , but it need not be transcribed unless it is requested by the employer and he pays the cost of transcription.
3. Within 5 business days after the hearing, the administrator shall either affirm or disaffirm the withdrawal of approval and give the employer written notice thereof by certified mail [.] or electronic transmission.
Sec. 44. (Deleted by amendment.)
Sec. 45. NRS 616C.550 is hereby amended to read as follows:
616C.5501. Except as otherwise provided in this section, if benefits for a temporary total disability will be paid to an injured employee for more than 90 days, a vocational rehabilitation counselor shall, within 30 days after being assigned to the claim, make a written assessment of the injured employee's ability or potential to return to:
(a) The position he held at the time that he was injured; or
(b) Any other gainful employment.
2. Before completing the written assessment, the counselor shall:
(a) Contact the injured employee and:
(1) Identify the injured employee's educational background, work experience and career interests; and
(2) Determine whether the injured employee has any existing marketable skills.
(b) Contact the injured employee's treating physician or chiropractor and determine:
(1) Whether the employee has any temporary or permanent physical limitations;
(2) The estimated duration of the limitations;
(3) Whether there is a plan for continued medical treatment; and
(4) When the employee may return to the position that he held at the time of his injury or to any other position. The treating physician or chiropractor shall determine whether an employee may return to the position that he held at the time of his injury.
3. The written assessment must contain a determination as to whether the employee is eligible for vocational rehabilitation services pursuant to NRS 616C.590. If the insurer, with the assistance of the counselor, determines that the employee is eligible for vocational rehabilitation services, a plan for a program of vocational rehabilitation must be completed pursuant to NRS 616C.555.
4. The division may, by regulation, require a written assessment to include additional information.
5. If an insurer determines that the written assessment required by this section is impractical because of the expected duration of the employee's total temporary disability, the insurer shall:
(a) Complete a written report which specifies his reasons for the decision; and
(b) Review the claim at least once every 60 days.
6. The insurer shall [mail] deliver a copy of the written assessment or the report completed pursuant to subsection 5 to the injured employee, his employer, the treating physician or chiropractor and the injured employee's attorney or representative, if applicable.
7. For the purposes of this section, "existing marketable skills" include, but are not limited to:
(a) Completion of:
(1) A program at a trade school;
(2) A program which resulted in an associate's degree; or
(3) A course of study for certification,
if the program or course of study provided the skills and training necessary for the injured employee to be gainfully employed on a reasonably continuous basis in an occupation that is reasonably available in this state.
(b) Completion of a 2-year or 4-year program at a college or university which resulted in a degree.
(c) Completion of any portion of a program for a graduate's degree at a college or university.
(d) Skills acquired in previous employment, including those acquired during an apprenticeship or a program for on-the-job training.
The skills set forth in paragraphs (a) to (d), inclusive, must have been acquired within the preceding 7 years and be compatible with the physical limitations of the injured employee to be considered existing marketable skills.
Sec. 46. NRS 616C.560 is hereby amended to read as follows:
616C.5601. A program for vocational rehabilitation developed pursuant to subsection 3 of NRS 616C.555 may be extended:
(a) Without condition or limitation, by the insurer at his sole discretion; or
(b) In accordance with this section if:
(1) The injured employee makes a written request to extend the program within 30 days after he receives written notification that he is eligible for vocational rehabilitation services; and
(2) There are exceptional circumstances which make it unlikely that the injured employee will obtain suitable gainful employment as a result of vocational rehabilitation which is limited to the period for which he is eligible.
An insurer's determination to grant or deny an extension pursuant to paragraph (a) may not be appealed.
2. If an injured employee has incurred a permanent physical impairment of less than 11 percent:
(a) The total length of the program, including any extension, must not exceed 1 year.
(b) "Exceptional circumstances" shall be deemed to exist for the purposes of paragraph (b) of subsection 1, if:
(1) The injured employee lacks work experience, training, education or other transferable skills for an occupation which he is physically capable of performing; or
(2) Severe physical restrictions as a result of the industrial injury have been imposed by a physician which significantly limit the employee's occupational opportunities.
3. If an injured employee has incurred a permanent physical impairment of 11 percent or more:
(a) The total length of the program, including any extension, must not exceed 2 years.
(b) "Exceptional circumstances" shall be deemed to exist for the purposes of paragraph (b) of subsection 1, if the injured employee has suffered:
(1) The total and permanent loss of sight of both eyes;
(2) The loss by separation of a leg at or above the knee;
(3) The loss by separation of a hand at or above the wrist;
(4) An injury to the head or spine which results in permanent and complete paralysis of both legs, both arms or a leg and an arm;
(5) An injury to the head which results in a severe cognitive functional impairment which may be established by a nationally recognized form of objective psychological testing;
(6) The loss by separation of an arm at or above the elbow and the loss by separation of a leg at or above the knee;
(7) An injury consisting of second or third degree burns on 50 percent or more of the body, both hands or the face;
(8) A total bilateral loss of hearing;
(9) The total loss or significant and permanent impairment of speech; or
(10) A permanent physical impairment of 50 percent or more determined pursuant to NRS 616C.490, if the severity of the impairment limits the injured employee's gainful employment to vocations that are primarily intellectual and require a longer program of education.
4. The insurer shall [mail] deliver a copy of its decision granting or denying an extension to the injured employee and the employer. Except as otherwise provided in this section, the decision shall be deemed to be a final determination of the insurer for the purposes of NRS 616C.315.
Sec. 47. (Deleted by amendment.)
Sec. 48. NRS 616C.585 is hereby amended to read as follows:
616C.5851. Except as otherwise provided in subsection 2, vocational rehabilitation services ordered by an insurer, a hearing officer or an appeals officer must not include the following goods and services:
(a) A motor vehicle.
(b) Repairs to an injured employee's motor vehicle.
(c) Tools and equipment normally provided to the injured employee by his employer during the course of his employment.
(d) Care for the injured employee's children.
2. An injured employee is entitled to receive the goods and services set forth in subsection 1 only if his insurer determines that such goods and services are reasonably necessary. [If the system makes such a determination, the employer of the injured employee may appeal that determination to the manager pursuant to NRS 616B.215.]
3. Vocational rehabilitation services ordered by an insurer may include the formal education of the injured employee only if:
(a) The priorities set forth in NRS 616C.530 for returning an injured employee to work are followed;
(b) The education is recommended by a plan for a program of vocational rehabilitation developed pursuant to NRS 616C.555; and
(c) A written proposal concerning the probable economic benefits to the employee and the necessity of the education is submitted to the insurer.
Sec. 49. NRS 616C.590 is hereby amended to read as follows:
616C.5901. Except as otherwise provided in this section, an injured employee is not eligible for vocational rehabilitation services, unless:
(a) The treating physician or chiropractor approves the return of the injured employee to work but imposes permanent restrictions that prevent the injured employee from returning to the position that he held at the time of his injury;
(b) The injured employee's employer does not offer employment that the employee is eligible for considering the restrictions imposed pursuant to paragraph (a); and
(c) The injured employee is unable to return to gainful employment at a gross wage that is equal to or greater than 80 percent of the gross wage that he was earning at the time of his injury.
2. If the treating physician or chiropractor imposes permanent restrictions on the injured employee for the purposes of paragraph (a) of subsection 1, he shall specify in writing:
(a) The medically objective findings upon which his determination is based; and
(b) A detailed description of the restrictions.
The treating physician or chiropractor shall [mail] deliver a copy of the findings and the description of the restrictions to the insurer.
3. If there is a question as to whether the restrictions imposed upon the injured employee are permanent, the employee may receive vocational rehabilitation services until a final determination concerning the duration of the restrictions is made.
4. Vocational rehabilitation services must cease as soon as the injured employee is no longer eligible for the services pursuant to subsection 1.
5. An injured employee is not entitled to vocational rehabilitation services solely because the position that he held at the time of his injury is no longer available.
6. An injured employee or his dependents are not entitled to accrue or be paid any money for vocational rehabilitation services during the time the injured employee is incarcerated.
7. Any injured employee eligible for compensation other than accident benefits may not be paid those benefits if he refuses counseling, training or other vocational rehabilitation services offered by the insurer. Except as otherwise provided in NRS 616B.185, an injured employee shall be deemed to have refused counseling, training and other vocational rehabilitation services while he is incarcerated.
8. If an insurer cannot locate an injured employee for whom it has ordered vocational rehabilitation services, the insurer may close his claim 21 days after the insurer determines that the employee cannot be located. The insurer must make a reasonable effort to locate the employee.
9. The reappearance of the injured employee after his claim has been closed does not automatically reinstate his eligibility for vocational rehabilitation benefits. If the employee wishes to reestablish his eligibility for such benefits, he must file a written application with the insurer to reinstate his claim. The insurer shall reinstate the employee's claim if good cause is shown for the employee's absence.
Sec. 50. NRS 616D.200 is hereby amended to read as follows:
616D.2001. If the [manager] administrator finds that an employer within the provisions of NRS 616B.633:
(a) Has failed to provide and secure compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS; or
(b) Has provided and secured such compensation but has failed to maintain that compensation,
he shall make a determination thereon and may charge the employer an amount of not more than three times the premiums that would otherwise have been owed to the system pursuant to the terms of chapters 616A to 616D, inclusive, for the period that the employer was doing business in this state without providing, securing or maintaining that compensation, but not to exceed 6 years.
2. The [manager shall mail] administrator shall deliver a copy of his determination to the employer. An employer who is aggrieved by the [manager's] determination of the administrator may appeal from the determination pursuant to subsection 2 of NRS 616D.220.
3. Any employer within the provisions of NRS 616B.633 who fails to provide, secure or maintain compensation as required by the terms of chapters 616A to 616D, inclusive, of NRS, is:
(a) For the first offense, guilty of a gross misdemeanor.
(b) For a second or subsequent offense committed within 7 years after the previous offense, guilty of a category [D] C felony and shall be punished as provided in NRS 193.130.
Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.
Sec. 51. NRS 616D.220 is hereby amended to read as follows:
616D.2201. If the [manager] administrator finds that any employer or any employee, officer or agent of any employer has knowingly:
(a) Made a false statement or has knowingly failed to report a material fact concerning the amount of payroll upon which a premium is based; or
(b) Misrepresented the classification or duties of an employee,
he shall make a determination thereon and charge the employer's account an amount equal to three times the amount of the premium due. The [manager shall mail] administrator shall deliver a copy of his determination to the employer.
2. An employer who is aggrieved by the [manager's] determination of the administrator may appeal from the determination by filing a request for a hearing. The request must be filed within 30 days after the date on which a copy of the determination was [mailed] delivered to the employer. The [manager] administrator shall hold a hearing within 30 days after he receives the request. The determination of the [manager] administrator made pursuant to a hearing is a final decision for the purposes of judicial review. The amount of the determination as finally decided by the administrator becomes due within 30 days after the determination is served on the employer.
3. A person who knowingly:
(a) Makes a false statement or representation or who knowingly fails to report a material fact concerning the amount of payroll upon which a premium is based; or
(b) Misrepresents the classification or duties of an employee,
is guilty of a gross misdemeanor. Any criminal penalty imposed must be in addition to the amount charged pursuant to subsection 1.
Sec. 52. NRS 616D.230 is hereby amended to read as follows:
616D.2301. An employer who fails to pay an amount of money charged to him pursuant to the provisions of NRS 616D.200 or 616D.220 is liable in a civil action commenced by the attorney general for:
(a) Any amount charged to the employer by the [manager] administrator pursuant to NRS 616D.200 or 616D.220;
(b) Not more than $10,000 for each act of willful deception;
(c) An amount equal to three times the total amount of the reasonable expenses incurred by the state in enforcing this section; and
(d) Payment of interest on the amount charged at the rate fixed pursuant to NRS 99.040 for the period from the date upon which the amount charged was due to the date upon which the amount charged is paid.
2. A criminal action need not be brought against an employer described in subsection 1 before civil liability attaches under this section.
3. Any payment of money charged pursuant to the provisions of NRS 616D.200 or 616D.220 and collected pursuant to paragraph (a) or (d) of subsection 1 must be paid [to the system. The system shall deposit the money with the state treasurer for credit to the state insurance] into the uninsured employers' claim fund.
4. Any penalty collected pursuant to paragraph (b) or (c) of subsection 1 must be used to pay the salaries and other expenses of the fraud control unit for industrial insurance established pursuant to the provisions of NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the state general fund.
Sec. 53. NRS 616D.260 is hereby amended to read as follows:
616D.2601. If an employer refuses to produce any book, record, payroll report or other document in conjunction with an audit conducted by the system , a private carrier or the department of taxation to verify the employer's premium, the [manager] administrator may issue a subpoena to require the production of that document.
2. If an employer refuses to produce any document as required by the subpoena, the [manager] administrator may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of the production of the document;
(b) The employer has been subpoenaed by the [manager] administrator pursuant to this section; and
(c) The employer has failed or refused to produce the document required by the subpoena,
and asking for an order of the court compelling the employer to produce the document.
3. Upon such petition, the court shall enter an order directing the employer to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days [from] after the date of the order, and to show cause why he has not produced the document. A certified copy of the order must be served upon the employer.
4. If it appears to the court that the subpoena was regularly issued by the [manager,] administrator, the court shall enter an order that the employer produce the required document at the time and place fixed in the order. Failure to obey the order constitutes contempt of court.
Sec. 54. NRS 616D.440 is hereby amended to read as follows:
616D.4401. An insurer may withhold any payment due a provider of health care pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, in whole or in part, upon receipt of reliable evidence that the provider of health care knowingly made a false statement or representation or knowingly concealed a material fact to obtain the payment. The insurer may withhold such a payment without first notifying the provider of health care of its intention to do so.
2. The insurer shall, within 5 days after withholding such a payment, send notice of the withholding to the provider of health care by certified mail [.] or electronic transmission. The notice must:
(a) Set forth the factual basis for the withholding, but need not disclose specific information regarding the insurer's investigation;
(b) Indicate that the payment is being withheld pursuant to the provisions of this section;
(c) Indicate that the payment is being withheld temporarily, as set forth in subsection 4, and describe the circumstances under which the withholding will be terminated;
(d) Specify the charge submitted by the provider of health care for which the payment is being withheld; and
(e) Notify the provider of health care of his right to appeal the withholding.
3. A provider of health care may appeal the decision of the insurer to withhold payment to an appeals officer pursuant to NRS 616C.360.
4. Any payment withheld pursuant to the provisions of this section must be made to the provider of health care if:
(a) The insurer or the attorney general determines that there is insufficient evidence to prove that the provider of health care knowingly made a false statement or representation or knowingly concealed a material fact to obtain the payment; or
(b) A final judgment or decree was rendered in favor of the provider of health care in a criminal proceeding arising out of the alleged misconduct.
Sec. 55. (Deleted by amendment.)
Sec. 56. NRS 617.207 is hereby amended to read as follows:
617.2071. If a quasi-public or private corporation is required to be insured under this chapter, an officer of the corporation who:
(a) Receives pay for service performed shall be deemed for the purposes of this chapter to receive a minimum pay of $6,000 per calendar year and a maximum pay of $36,000 per calendar year.
(b) Does not receive pay for services performed shall be deemed for the purposes of this chapter to receive a minimum pay of $500 per month or $6,000 per calendar year.
2. An officer who does not receive pay for services performed may elect to reject coverage by filing written notice thereof with the corporation and the [system.] insurer. The rejection is effective upon receipt of the notice by the [system.] insurer.
3. An officer who has rejected coverage may rescind that rejection by filing written notice thereof with the corporation and the [system.] insurer. The rescission is effective upon receipt of the notice by the [system.] insurer.
Sec. 57. NRS 617.342 is hereby amended to read as follows:
617.3421. An employee or, in the event of the employee's death, one of his dependents, shall provide written notice of an occupational disease for which compensation is payable under this chapter to the employer of the employee as soon as practicable, but within 7 days after the employee or dependent has knowledge of the disability and its relationship to the employee's employment.
2. The notice required by subsection 1 must:
(a) Be on a form prescribed by the administrator. The form must allow the employee or his dependent to describe briefly the circumstances which caused the disease or death.
(b) Be signed by the employee or by a person on his behalf, or in the event of the employee's death, by one of his dependents or by a person acting on behalf of the dependent.
(c) Include an explanation of the procedure for filing a claim for compensation.
(d) Be prepared in duplicate so that the employee or his dependent and the employer can retain a copy of the notice.
3. Upon receipt of the notice required by subsection 1, the employer, the employee's supervisor or the agent of the employer who was in charge of the type of work performed by the employee shall sign the notice. The signature of the employer, the supervisor or the employer's agent is an acknowledgment of the receipt of the notice and shall not be deemed to be a waiver of any of the employer's defenses or rights.
4. An employer shall maintain a sufficient supply of the forms required to file the notice required by subsection 1 for use by his employees.
5. An employer shall retain any notice provided pursuant to subsection 1 for 3 years after the date of the receipt of the notice. An employer insured by the system or a private carrier shall not file a notice of injury with the system [.] or the private carrier.
Sec. 58. NRS 617.352 is hereby amended to read as follows:
617.3521. A treating physician or chiropractor shall, within 3 working days after he first treats an employee who has incurred an occupational disease, complete and [mail to] file with the employer of the employee and [to] the employer's insurer, a claim for compensation. If the employer is a self-insured employer, the treating physician or chiropractor shall [mail] file the claim for compensation [to] with the employer's third-party administrator. If the physician or chiropractor files the claim for compensation by electronic transmission, he shall, upon request, mail to the insurer or third-party administrator the form that contains the original signatures of the employee and the physician or chiropractor. The form must be mailed within 7 days after receiving such a request.
2. A claim for compensation required by subsection 1 must be on a form prescribed by the administrator.
3. If a claim for compensation is accompanied by a certificate of disability, the certificate must include a description of any limitation or restrictions on the employee's ability to work.
4. Each physician, chiropractor and medical facility that treats employees who have incurred occupational diseases, each insurer, third-party administrator and employer, and the division shall maintain at their offices a sufficient supply of the forms prescribed by the administrator for filing a claim for compensation.
5. The administrator shall impose an administrative fine of not more than $1,000 against a physician or chiropractor for each violation of subsection 1.
Sec. 59. NRS 617.354 is hereby amended to read as follows:
617.3541. Within 6 working days after the receipt of a claim for compensation from a physician or chiropractor, an employer shall complete and [mail to] file with his insurer or third-party administrator an employer's report of industrial injury or occupational disease.
2. The report must:
(a) Be on a form prescribed by the administrator;
(b) Be signed by the employer or his designee;
(c) Contain specific answers to all questions required by the regulations of the department; and
(d) Be accompanied by a statement of the wages of the employee if the claim for compensation received from the treating physician or chiropractor indicates that the employee is expected to be off work for 5 days or more.
3. [An employee of the system shall not complete the report required by subsection 1 or any other form relating to the occupational disease on behalf of the employer unless the employer:
(a) Is not in business;
(b) Has not been located by the system within 5 working days after receipt of a claim for compensation; or
(c) Refuses to complete the report.] An employer who files the report required by subsection 1 by electronic transmission shall, upon request, mail to the insurer or third-party administrator the form that contains the original signature of the employer or his designee. The form must be mailed within 7 days after receiving such a request.
4. The administrator shall impose an administrative fine of not more than $1,000 against an employer for each violation of this section.
Sec. 60. NRS 617.401 is hereby amended to read as follows:
617.4011. An employee may receive compensation from the uninsured employers' claim fund if:
(a) He was hired in this state or he is regularly employed in this state;
(b) He contracts an occupational disease as a result of work performed in this state;
(c) He files a claim for compensation with the [system pursuant to NRS 617.344;
(d) He files a written notice with the] division; and
[(e)] (d) He makes an irrevocable assignment to the division of a right to be subrogated to the rights of the employee pursuant to NRS 616C.215.
2. If the [system] division receives a claim pursuant to subsection 1, the [system] division shall immediately [:
(a) Notify] notify the employer of the claim . [;
(b) Deliver to the claimant any forms necessary to make a claim pursuant to this section; and
(c) Notify the division of the claim by sending a copy of the claim, any evidence regarding the claim and any evidence indicating that the employer was uninsured.]
3. For the purposes of this section, the employer has the burden of proving that he provided mandatory coverage for occupational diseases for the employee or that he was not required to maintain industrial insurance for the employee.
4. Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on his behalf, including, but not limited to, any benefits, administrative costs or attorney's fees paid from the uninsured employers' claim fund or incurred by the division.
5. The division:
(a) May recover from the employer the payments made by the division that are described in subsection 4 and any accrued interest by bringing a civil action in district court.
(b) In any civil action brought against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease.
(c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.
(d) In lieu of a civil action, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.
6. The division shall:
(a) Determine whether the employer was insured within 30 days after receiving [notice of] the claim from the employee.
(b) Assign the claim to the system for administration of the claim, payment of benefits and reimbursement of costs of administration and benefits paid to the system.
Upon determining that a claim is invalid, the system shall notify the claimant, the named employer and the division that the claim will not be assigned for benefits from the uninsured employers' claim fund.
7. Any party aggrieved by a decision regarding the administration of an assigned claim or a decision made by the division or by the system regarding any claim made pursuant to this section may appeal that decision within 60 days after the decision is rendered to the hearings division of the department of administration in the manner provided by NRS 616C.305 and 616C.315 to 616C.385, inclusive.
8. All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.
9. An uninsured employer is liable for the interest on any amount paid on his claims from the uninsured employers' claim fund. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the commissioner of financial institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the fund until payment is received by the division from the employer.
10. Attorney's fees recoverable by the division pursuant to this section must be:
(a) If a private attorney is retained by the division, paid at the usual and customary rate for that attorney.
(b) If the attorney is an employee of the division, paid at the rate established by regulations adopted by the division.
Any money collected must be deposited to the uninsured employers' claim fund.
11. In addition to any other liabilities provided for in this section, the administrator may impose an administrative fine of not more than $10,000 against an employer if the employer fails to provide mandatory coverage required by the provisions of this chapter.
Sec. 61. NRS 218.5377 is hereby amended to read as follows:
218.5377The committee:
1. May review issues related to workers' compensation.
2. May study the desirability of establishing a preferred employee program which provides exemptions from the payment of premiums and other financial incentives for employers who provide suitable employment for injured employees and any other program for returning injured employees to work.
3. May review the manner used by the division of industrial relations of the department of business and industry to rate physical impairments of injured employees.
4. Shall, to ensure the solvency of the state industrial insurance system:
(a) Review and study the financial condition of the state industrial insurance system; and
(b) Determine the extent of any apparent insolvency of the system . [; and
(c) Establish a formula which will be applied to calculate a surcharge that is equal in amount to any deficiency in the cumulative amount of premiums paid by an employer who is subject to the provisions of NRS 616B.110.]
5. May conduct investigations and hold hearings in connection with carrying out its duties pursuant to this section.
6. May direct the legislative counsel bureau to assist in its research, investigations, hearings and reviews.
Sec. 62. NRS 680B.060 is hereby amended to read as follows:
680B.0601. Except as otherwise provided in subsection 6, the taxes imposed under NRS 680B.027 must be collected by the department of taxation and promptly deposited with the state treasurer for credit to the state general fund.
2. If the tax is not paid by the insurer on or before the date required for payment, the tax then becomes delinquent, and payment thereof may be enforced by court action instituted on behalf of the state by the attorney general. The attorney general may employ additional counsel in the city where the home office of the insurer is located, subject to approval of compensation for such services by the state board of examiners. The administrative and substantive enforcement provisions of chapters 360 and 372 of NRS apply to the enforcement of the taxes imposed under NRS 680B.027.
3. Upon the tax becoming delinquent , the executive director of the department of taxation shall notify the commissioner, who shall suspend or revoke the insurer's certificate of authority pursuant to NRS 680A.190.
4. If a dispute arises between an insurer and the state as to the amount of tax, if any, payable, the insurer is entitled to pay under protest the tax in the amount assessed by the department of taxation, without waiving or otherwise affecting any right of the insurer to recover any amount determined, through appropriate legal action taken by the insurer against the department of taxation, to have been in excess of the amount of tax lawfully payable.
5. Except as otherwise provided in subsection 6, all taxes, fees, licenses, fines and charges collected under this code, including the general premium tax provided for under NRS 680B.027 and as increased in any instances pursuant to NRS 680A.330, must be promptly deposited with the state treasurer for credit to the state general fund.
6. The taxes collected pursuant to NRS 680B.027 from insurers that are writing industrial insurance in this state, including the state industrial insurance system, which are attributable to industrial insurance must be promptly deposited with the state treasurer for credit to the account for the administration of extended claims established in the state insurance fund pursuant to section 9 of this act, until the commissioner notifies the state treasurer that the balance in the [state insurance fund is sufficient to ensure the solvency of the state industrial insurance system.] account is sufficient to satisfy all obligations and liabilities of the account as they become due. Upon receipt of such a notice, the state treasurer shall discontinue depositing the taxes in the [state insurance fund] account and shall deposit the taxes collected from these insurers for credit to the state general fund.
Sec. 62.5. NRS 686B.1759 is hereby amended to read as follows:
686B.1759 "Insurer [includes] means the state industrial insurance system and all private carriers authorized to provide industrial insurance in this state.
Sec. 63. NRS 686B.1765 is hereby amended to read as follows:
686B.1765The advisory organization may:
1. Develop statistical plans including definitions for the classification of risks.
2. Collect statistical data from its members and subscribers or any other reliable source.
3. Prepare and distribute data on expenses and the basic premium rate or rates, adjusted for expected [subsequent] changes in reported losses and expenses and for trends in losses [,] and expenses, according to its statistical plan. [The data and adjustments must be sufficiently detailed for insurers to modify the basic premium rate based on their own methods of rating or interpretations of the underlying data.]
4. Prepare and distribute manuals of rules and schedules for rating which do not permit calculating the final rates without using information other than the information in the manual.
5. Distribute any information filed with the commissioner which is open to public inspection.
6. Conduct research and collect statistics to discover, identify and classify information on the causes and prevention of losses.
7. Prepare and file forms and endorsements for policies and consult with its members, subscribers and any other knowledgeable persons on their use.
8. Collect, compile and distribute information on the past and current premiums charged by individual insurers if the information is available for public inspection.
9. Conduct research and collect information to determine what effect changes in benefits to injured employees pursuant to chapters 616A to 617, inclusive, of NRS will have on the basic premium rate or rates.
10. Prepare and distribute rules and rating values for the uniform plan for rating experience.
11. Calculate and provide to the insurer the modification of premiums based on the individual employer's losses.
12. Assist an individual insurer to develop rates, supplementary rate information or other supporting information if authorized to do so by the insurer.
Sec. 64. NRS 686B.1765 is hereby amended to read as follows:
686B.1765The advisory organization may:
1. Develop statistical plans including definitions for the classification of risks.
2. Collect statistical data from its members and subscribers or any other reliable source.
3. Prepare and distribute data on [expenses and] the basic premium rate or rates, adjusted for expected changes in reported losses [and expenses] and for trends in losses , [and expenses,] according to its statistical plan.
4. Prepare and distribute manuals of rules and schedules for rating which do not permit calculating the final rates without using information other than the information in the manual.
5. Distribute any information filed with the commissioner which is open to public inspection.
6. Conduct research and collect statistics to discover, identify and classify information on the causes and prevention of losses.
7. Prepare and file forms and endorsements for policies and consult with its members, subscribers and any other knowledgeable persons on their use.
8. Collect, compile and distribute information on the past and current premiums charged by individual insurers if the information is available for public inspection.
9. Conduct research and collect information to determine what effect changes in benefits to injured employees pursuant to chapters 616A to 617, inclusive, of NRS will have on the basic premium rate or rates.
10. Prepare and distribute rules and rating values for the uniform plan for rating experience.
11. Calculate and provide to the insurer the modification of premiums based on the individual employer's losses.
12. Assist an individual insurer to develop rates, supplementary rate information or other supporting information if authorized to do so by the insurer.
Sec. 65. NRS 686B.1767 is hereby amended to read as follows:
686B.1767An advisory organization shall not [:
1. Compile or distribute recommendations concerning rates which include expenses, other than expenses to adjust losses or profit; or
2. File] file rates, supplementary rate information or supporting information on behalf of an insurer.
Sec. 66. NRS 686B.1767 is hereby amended to read as follows:
686B.1767An advisory organization shall not [file] :
1. Compile or distribute recommendations concerning rates which include expenses, other than expenses to adjust losses or profit; or
2. File rates, supplementary rate information or supporting information on behalf of an insurer.
Sec. 67. NRS 686B.177 is hereby amended to read as follows:
686B.1771. The advisory organization shall file with the commissioner a copy of every basic premium rate, the portion of the rate that is allowable for expenses as determined by the advisory organization, every manual of rating rules, every rating schedule and every change, amendment or modification to them which is proposed for use in this state at least 60 days before they are distributed to the organization's members, subscribers or other persons. The rates shall be deemed to be approved unless they are disapproved by the commissioner within 60 days after they are filed.
2. The commissioner shall report any changes in rates or in the uniform plan for rating experience, the uniform statistical plan or the uniform system of classification, when approved, to the director of the legislative counsel bureau.
3. The rates filed by the advisory organization and approved by the commissioner apply to every insurer. In no case may an insurer's rate be less than the approved rate by more than the following percentages:
(a) For the period beginning on July 1, 1999, and ending on June 30, 2000, no variance.
(b) For the period beginning on July 1, 2000, and ending on June 30, 2001, no more than a 5 percent variance.
(c) For the period beginning on July 1, 2001, and ending on June 30, 2002, no more than a 10 percent variance.
(d) For the period beginning on July 1, 2002, and ending on June 30, 2003, no more than a 15 percent variance.
Sec. 68. NRS 686B.177 is hereby amended to read as follows:
686B.1771. The advisory organization shall file with the commissioner a copy of every basic premium rate, [the portion of the rate that is allowable for expenses as determined by the advisory organization,] every manual of rating rules, every rating schedule and every change, amendment or modification to them which is proposed for use in this state at least 60 days before they are distributed to the organization's members, subscribers or other persons. The rates shall be deemed to be approved unless they are disapproved by the commissioner within 60 days after they are filed.
2. The commissioner shall report any changes in rates or in the uniform plan for rating experience, the uniform statistical plan or the uniform system of classification, when approved, to the director of the legislative counsel bureau.
3. The rates filed by the advisory organization and approved by the commissioner apply to every insurer. In no case may an insurer's rate be less than the approved rate by more than the following percentages:
(a) For the period beginning on July 1, 1999, and ending on June 30, 2000, no variance.
(b) For the period beginning on July 1, 2000, and ending on June 30, 2001, no more than a 5 percent variance.
(c) For the period beginning on July 1, 2001, and ending on June 30, 2002, no more than a 10 percent variance.
(d) For the period beginning on July 1, 2002, and ending on June 30, 2003, no more than a 15 percent variance.
Sec. 69. (Deleted by amendment.)
Sec. 70. NRS 686B.1775 is hereby amended to read as follows:
686B.17751. [If the interaction among insurers and employers is presumed or found to be competitive, each insurer shall file with the commissioner all the rates and supplementary rate information, except any information filed by the advisory organization, which the insurer intends to use in this state. The insurer shall file the rates and supplementary rate information not later than 15 days after the date the rates become effective. An insurer may adopt by reference, with or without a deviation, the rates or supplementary rate information filed by any other insurer.
2. If the commissioner has issued a finding that the interaction is not competitive, each] Each insurer shall file with the commissioner all the rates and supplementary rate information, except for the information filed by the advisory organization, at least 60 days before the rates become effective. If the information supplied by an insurer pursuant to this subsection is insufficient, the commissioner shall notify the insurer and the information shall be deemed to be filed when all the information requested by the commissioner is received by him.
[3. If, after notice to the insurer and a hearing, the commissioner finds that an insurer's rates require supervision because of the insurer's financial condition or because of rating practices which are unfairly discriminatory, the commissioner shall order the insurer to file its rates, supplementary rate information and any other information required by the commissioner, at least 60 days before they become effective.
4.] 2. For any filing made by an insurer pursuant to this section, the commissioner may authorize an earlier effective date for the rates upon a written request from the insurer.
[5.] 3. Every rate filed by an insurer must be filed in the form and manner prescribed by the commissioner.
4. A rate filed with the commissioner pursuant to this section that becomes effective before July 1, 2000, may not be increased or decreased until July 1, 2000.
Sec. 71. NRS 686B.1775 is hereby amended to read as follows:
686B.17751. [Each] If the interaction among insurers and employers is presumed or found to be competitive, each insurer shall file with the commissioner all the rates and supplementary rate information, except any information filed by the advisory organization, which the insurer intends to use in this state. The insurer shall file the rates and supplementary rate information not later than 15 days after the date the rates become effective. An insurer may adopt by reference, with or without a deviation, the rates or supplementary rate information filed by any other insurer.
2. If the commissioner has issued a finding that the interaction is not competitive, each insurer shall file with the commissioner all the rates and supplementary rate information, except for the information filed by the advisory organization, at least 60 days before the rates become effective. If the information supplied by an insurer pursuant to this subsection is insufficient, the commissioner shall notify the insurer and the information shall be deemed to be filed when all the information requested by the commissioner is received by him.
[2.] 3. If, after notice to the insurer and a hearing, the commissioner finds that an insurer's rates require supervision because of the insurer's financial condition or because of rating practices which are unfairly discriminatory, the commissioner shall order the insurer to file its rates, supplementary rate information and any other information required by the commissioner, at least 60 days before they become effective.
4. For any filing made by an insurer pursuant to this section, the commissioner may authorize an earlier effective date for the rates upon a written request from the insurer.
[3.] 5. Every rate filed by an insurer must be filed in the form and manner prescribed by the commissioner.
[4. A rate filed with the commissioner pursuant to this section that becomes effective before July 1, 2000, may not be increased or decreased until July 1, 2000.]
Sec. 72. NRS 686B.1777 is hereby amended to read as follows:
686B.17771. If the commissioner finds that:
(a) [The interaction among insurers is not competitive;
(b)] The rates filed by insurers [whose interaction is competitive] are inadequate or unfairly discriminatory; or
[(c)] (b) The rates violate the provisions of this chapter,
the commissioner may require the insurers to file information supporting their existing rates. Before the commissioner may disapprove those rates, he shall notify the insurers and hold a hearing on the rates and the supplementary rate information.
2. The commissioner may disapprove any rate [which must be filed before it becomes effective] without a hearing. Any insurer whose rates are disapproved in this manner may request in writing and within 30 days after the disapproval that the commissioner conduct a hearing on the matter.
Sec. 73. NRS 686B.1777 is hereby amended to read as follows:
686B.17771. If the commissioner finds that:
(a) The interaction among insurers is not competitive;
(b) The rates filed by insurers whose interaction is competitive are inadequate or unfairly discriminatory; or
[(b)] (c) The rates violate the provisions of this chapter,
the commissioner may require the insurers to file information supporting their existing rates. Before the commissioner may disapprove those rates, he shall notify the insurers and hold a hearing on the rates and the supplementary rate information.
2. The commissioner may disapprove any rate which must be filed before it becomes effective without a hearing. Any insurer whose rates are disapproved in this manner may request in writing and within 30 days after the disapproval that the commissioner conduct a hearing on the matter.
Sec. 74. NRS 686B.1779 is hereby amended to read as follows:
686B.17791. The commissioner may disapprove a rate filed by an insurer:
(a) At any time after the rate becomes effective; or
(b) At any time before the rate becomes effective . [if the insurer is required to file its rates before they become effective.]
2. The commissioner shall disapprove a rate if:
(a) An insurer has failed to meet the requirements for filing a rate pursuant to this chapter or the regulations of the commissioner; or
(b) The rate is inadequate , excessive or unfairly discriminatory . [and the interaction among insurers and employers is competitive; or
(c) A rate is inadequate, excessive or unfairly discriminatory and the commissioner has found and issued an order that the interaction among the insurers and employers is not competitive.]
Sec. 75. NRS 686B.1779 is hereby amended to read as follows:
686B.17791. The commissioner may disapprove a rate filed by an insurer:
(a) At any time after the rate becomes effective; or
(b) At any time before the rate becomes effective [.] if the insurer is required to file its rates before they become effective.
2. The commissioner shall disapprove a rate if:
(a) An insurer has failed to meet the requirements for filing a rate pursuant to this chapter or the regulations of the commissioner; [or]
(b) The rate is inadequate [, excessive] or unfairly discriminatory [.] and the interaction among insurers and employers is competitive; or
(c) A rate is inadequate, excessive or unfairly discriminatory and the commissioner has found and issued an order that the interaction among the insurers and employers is not competitive.
Sec. 76. NRS 696B.020 is hereby amended to read as follows:
696B.020[1. Except as otherwise provided in subsection 2, the] The applicable provisions of this chapter apply to:
[(a)] 1. All insurers authorized to transact insurance in this state;
[(b)] 2. All insurers having policyholders resident in this state;
[(c)] 3. All insurers against whom a claim under an insurance contract may arise in this state;
[(d)] 4. All persons in the process of organization, or holding themselves out as organizing, or proposing to organize in this state for the purpose of becoming an insurer; and
[(e)] 5. All other persons to whom such provisions are otherwise expressly made applicable by law.
[2. The provisions of this chapter do not apply to the state industrial insurance system for the purpose of determining and imposing an insolvency surcharge pursuant to NRS 616B.110.]
Sec. 77. Section 6 of this act is hereby amended to read as follows:

Sec. 6. In addition to the authority given the manager to determine and fix premium rates pursuant to NRS [616B.206 and] 616B.218 to 616B.230, inclusive, the manager may establish a plan for classifying employers insured by the system as small employers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. Upon establishing such a plan, the manager may, with the approval of the commissioner, determine and fix the premium rates of those employers pursuant to the plan.

Sec. 77.5. Section 7 of this act is hereby amended to read as follows:

Sec. 7. [The manager] An insurer may establish a plan to review small employers who are insured by the [system] insurer to encourage such employers to maintain their loss experience at the lowest possible level.

Sec. 78. Section 197 of chapter 580, Statutes of Nevada 1995, at page 2061, is hereby amended to read as follows:

Sec. 197. 1. This section and sections 25 to 36, inclusive, 44, 86, 119, 127, 128, 186.5, 188, 194, 195 and 196 of this act become effective upon passage and approval.

2. Section 68 of this act becomes effective at 12:01 a.m. on July 1, 1995.

3. Section 161 of this act becomes effective on July 1, 2003.

4. The remaining sections of this act become effective:

(a) Upon passage and approval for the purposes of:

(1) The adoption of regulations by the commissioner of insurance and the administrator of the division of industrial relations of the department of business and industry.

(2) The qualification of private carriers to sell industrial insurance.

(3) The designation of a licensed advisory organization by the commissioner and the initial filing of classifications of risk, the uniform plan for rating experience and the uniform statistical plan, by that organization.

(4) The inspection of the records of the system, the Nevada industrial commission and the administrator with respect to the self-insured employers, by the commissioner and the advisory organization.

(5) The filing, by private carriers and the system, of rates to be used by them.

(b) For all other purposes on July 1, 1999.

Sec. 79. Section 155 of chapter 587, Statutes of Nevada 1995, at page 2170, is hereby amended to read as follows:

Sec. 155. 1. This section and subsection 2 of section 147 of this act become effective on June 30, 1995.

2. Sections 1, 4.5, 5, 6, 6.5, 8, 15, 17, 23 to 33, inclusive, 38, 39, 44, 47, 48 to 54, inclusive, 57, 61, 68, 73, 76, 81 to 85, inclusive, 87 to 95, inclusive, 97, 99 to 103.5, inclusive, 105, 115, 116, 117, 119 to 123, inclusive, 126, 130, 133, 134, 136, 137, 146, subsection 1 of section 147 [,] and sections 148, 149, 152 and 153 of this act become effective on July 1, 1995.

3. Sections 45, 77, 106 and 106.5 of this act become effective at 12:01 a.m. on July 1, 1995.

4. Section 7 of this act becomes effective on July 1, 1997.

5. Sections [7,] 129.5, 130.2, 130.4, and 130.6 of this act become effective on July 1, 1999.

Sec. 80. 1. NRS 616B.110 is hereby repealed.
2. Sections 54, 104 and 106 of chapter 580, Statutes of Nevada 1995, at pages 2011, 2032 and 2033, respectively, are hereby repealed.
Sec. 81. 1. This section and sections 4 to 10, inclusive, 13, 15, 15.5, 16, 17, 20, 27, 28, 36, 40.5, 42, 61, 76, 78, 79 and 80 of this act become effective on July 1, 1997.
2. Section 14 of this act becomes effective at 12:01 a.m. on July 1, 1997.
3. Sections 1, 11, 26, 35, 37, 38, 39, 43, 45, 46, 49, 50, 51, 52, 53, 54, 58 and 59 of this act become effective on January 1, 1998.
4. Sections 18, 23, 40, 48, 56, 57, 60, 77 and 77.5 of this act become effective on July 1, 1999.
5. Sections 3, 12, 21, 22, 41, 62, 62.5, 63, 65, 67, 70, 72 and 74 of this act become effective at 12:01 a.m. on July 1, 1999.
6. Sections 64, 66, 68, 71, 73 and 75 of this act become effective on July 1, 2003.
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