Senate Bill No. 319–Senator Shaffer
CHAPTER..........
AN ACT
relating to insurance; restricting the
use by an insurer of information included in the consumer credit report of an
applicant or policyholder as a basis for making certain determinations and taking
certain actions regarding policies of insurance, and providing for related
procedures, duties, restrictions and exceptions; revising the membership of
certain boards; providing that any refund of an assessment by the Division of
Industrial Relations of the Department of Business and Industry must include
payment for interest earned; providing that hearing officers and appeals
officers shall designate the location of certain hearings; requiring the
Commissioner of Insurance to conduct a study relating to the Investments of
Insurers Model Act adopted by the National Association of Insurance
Commissioners; requiring the Commissioner
to prepare and submit to the Governor and
the Legislature a report concerning certain matters relating to the use of
credit information in making decisions related to insurance; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. (Deleted by amendment.)
1-2 Sec. 1.5. Chapter 686A of NRS is hereby amended by adding
1-3 thereto the provisions set forth as sections 2 to 15, inclusive, of this
1-4 act.
1-5 Sec. 2. As used in sections 2 to 15, inclusive, of this act,
1-6 unless the context otherwise requires, the words and terms defined
1-7 in sections 3 to 8, inclusive, of this act have the meanings ascribed
1-8 to them in those sections.
1-9 Sec. 3. “Adverse action” means a denial or cancellation of,
1-10 an increase in any charge for, or a reduction or other adverse or
1-11 unfavorable change in the terms of coverage or amount of, any
1-12 insurance, existing or applied for, in connection with any policy.
1-13 Sec. 4. “Affiliate” means any company that controls, is
1-14 controlled by, or is under common control with another company.
1-15 Sec. 5. “Consumer credit report” means any written, oral or
1-16 other communication of information by a consumer reporting
1-17 agency bearing on the credit worthiness, credit standing or credit
1-18 capacity of an applicant or policyholder, and which is used or
1-19 expected to be used or collected in whole or in part for the purpose
1-20 of serving as a factor to determine:
1-21 1. Whether to issue, cancel or renew a policy; or
2-1 2. The amount of the premium for a policy.
2-2 Sec. 6. “Consumer reporting agency” means any person
2-3 which, for monetary fees, dues, or on a cooperative nonprofit
2-4 basis, regularly engages in whole or in part in the practice of
2-5 assembling or evaluating consumer credit information or other
2-6 information on consumers for the purpose of furnishing consumer
2-7 credit reports to third parties.
2-8 Sec. 7. “Credit information” means any information that is
2-9 related to credit and derived from a consumer credit report, found
2-10 on a consumer credit report or provided on an application for a
2-11 policy. The term does not include information that is not related to
2-12 credit, regardless of whether it is contained in a consumer credit
2-13 report or in an application for a policy, or is used to calculate an
2-14 insurance score.
2-15 Sec. 8. “Insurance score” means a number or rating that is
2-16 derived from an algorithm, computer application, model or other
2-17 process that is based in whole or in part on credit information for
2-18 the purposes of predicting the future losses or exposure with
2-19 regard to an applicant or policyholder.
2-20 Sec. 9. The provisions of sections 2 to 15, inclusive, of this
2-21 act do not apply to a contract of surety insurance issued pursuant
2-22 to chapter 691B of NRS or any commercial or business policy.
2-23 Sec. 10. An insurer that uses information from a consumer
2-24 credit report shall not:
2-25 1. Use an insurance score that is calculated using income,
2-26 gender, address, zip code, ethnic group, religion, marital status or
2-27 nationality of the consumer as a factor, or would otherwise lead to
2-28 unfair or invidious discrimination.
2-29 2. Deny, cancel or fail to renew a policy on the basis of credit
2-30 information unless the insurer also considers other applicable
2-31 underwriting factors that are independent of credit information
2-32 and not expressly prohibited by this section.
2-33 3. Base renewal rates for a policy upon credit information
2-34 unless the insurer also considers other applicable factors
2-35 independent of credit information.
2-36 4. Take an adverse action against an applicant or
2-37 policyholder based on the applicant or policyholder not having a
2-38 credit card account unless the insurer also considers other
2-39 applicable factors independent of credit information.
2-40 5. Consider an absence of credit information or an inability
2-41 to calculate an insurance score in underwriting or rating a policy
2-42 unless the insurer does any one of the following:
2-43 (a) Treats the applicant or policyholder as otherwise approved
2-44 by the Commissioner, after the insurer presents to the
2-45 Commissioner information indicating that such an absence or
2-46 inability relates to the risk for the insurer.
3-1 (b) Treats the applicant or policyholder as if the applicant or
3-2 policyholder had neutral credit information, as defined by the
3-3 insurer.
3-4 (c) Excludes the use of credit information as a factor, and uses
3-5 only underwriting criteria other than credit information.
3-6 6. Take an adverse action against an applicant or
3-7 policyholder based on credit information, unless an insurer
3-8 obtains and uses a consumer credit report issued or an insurance
3-9 score calculated within 90 days from the date the policy is first
3-10 written or renewal is issued.
3-11 7. Except as otherwise provided in this subsection, use credit
3-12 information regarding a policyholder without obtaining an
3-13 updated consumer credit report regarding the policyholder and
3-14 recalculating the insurance score at least once every 36 months.
3-15 At the time of the annual renewal of a policyholder’s policy, the
3-16 insurer shall, upon the request of the policyholder or the
3-17 policyholder’s agent, reunderwrite and rerate the policy based
3-18 upon a current consumer credit report or insurance score. An
3-19 insurer need not, at the request of a policyholder or the
3-20 policyholder’s agent, recalculate the insurance score of or obtain
3-21 an updated consumer credit report of the policyholder more
3-22 frequently than once in any 12-month period. An insurer may, at
3-23 its discretion, obtain an updated consumer credit report regarding
3-24 a policyholder more frequently than once every 36 months, if to do
3-25 so is consistent with the underwriting guidelines of the insurer. An
3-26 insurer does not need to obtain an updated consumer credit report
3-27 for a policyholder if any one of the following applies:
3-28 (a) The insurer is treating the policyholder as otherwise
3-29 approved by the Commissioner.
3-30 (b) The policyholder is in the most favorably-priced tier of the
3-31 insurer and all affiliates of the insurer. With respect to such a
3-32 policyholder, the insurer may elect to obtain an updated consumer
3-33 credit report if to do so is consistent with the underwriting
3-34 guidelines of the insurer.
3-35 (c) Credit information was not used for underwriting or rating
3-36 the policyholder when the policy was initially written. The fact that
3-37 credit information was not used initially does not preclude an
3-38 insurer from using such information subsequently when
3-39 underwriting or rating such a policyholder upon renewal, if to do
3-40 so is consistent with the underwriting guidelines of the insurer.
3-41 (d) The insurer reevaluates the policyholder at least once every
3-42 36 months based upon underwriting or rating factors other than
3-43 credit information.
3-44 8. Use the following as a negative factor in any insurance
3-45 scoring methodology or in reviewing credit information for the
3-46 purpose of underwriting or rating a policy:
4-1 (a) Credit inquiries not initiated by the applicant or
4-2 policyholder, or inquiries requested by the applicant or
4-3 policyholder for his or her own credit information.
4-4 (b) Inquiries relating to insurance coverage, if so identified on
4-5 the consumer credit report.
4-6 (c) Collection accounts relating to medical treatment, if so
4-7 identified on the consumer credit report.
4-8 (d) Multiple lender inquiries, if identified on the consumer
4-9 credit report as being related to home loans or mortgages and
4-10 made within 30 days of one another, unless only one inquiry is
4-11 considered.
4-12 (e) Multiple lender inquiries, if identified on the consumer
4-13 credit report as being related to a loan for an automobile and
4-14 made within 30 days of one another, unless only one inquiry is
4-15 considered.
4-16 Sec. 11. If it is determined pursuant to the dispute resolution
4-17 process set forth in section 611(a) of the federal Fair Credit
4-18 Reporting Act, 15 U.S.C. § 1681i(a), that the credit information of
4-19 a policyholder was incorrect or incomplete and if the insurer
4-20 receives notice of such determination from either the consumer
4-21 reporting agency or from the policyholder, the insurer shall
4-22 reunderwrite and rerate the policyholder within 30 days of
4-23 receiving the notice. After reunderwriting or rerating the insured,
4-24 the insurer shall make any adjustments necessary, consistent with
4-25 its underwriting and rating guidelines. If an insurer determines
4-26 that the policyholder has overpaid a premium, the insurer shall
4-27 refund to the policyholder the amount of overpayment calculated
4-28 back to the shorter of either the last 12 months of coverage or the
4-29 actual period of the policy.
4-30 Sec. 12. 1. If an insurer uses credit information in
4-31 underwriting or rating an applicant, the insurer or its agent shall
4-32 disclose, either on the application for the policy or at the time the
4-33 application is taken, that the insurer may obtain credit
4-34 information in connection with the application. The disclosure
4-35 must be written or provided to an applicant in the same medium as
4-36 the application. The insurer need not provide the disclosure
4-37 required pursuant to this section to a policyholder upon renewal of
4-38 a policy if the policyholder was previously provided the disclosure
4-39 in connection with the policy.
4-40 2. An insurer may comply with the requirements of this
4-41 section by providing the following statement:
4-42 In connection with this application for insurance, we may
4-43 review your credit report or obtain or use a credit-based
4-44 insurance score based on the information contained in that
5-1 credit report. We may use a third party in connection with
5-2 the development of your insurance score.
5-3 Sec. 13. If an insurer takes an adverse action based upon
5-4 credit information, the insurer shall:
5-5 1. Provide notice to the applicant or policyholder that an
5-6 adverse action has been taken, in accordance with the
5-7 requirements of section 615(a) of the federal Fair Credit
5-8 Reporting Act, 15 U.S.C. § 1681m(a).
5-9 2. Provide notice to the applicant or policyholder explaining
5-10 the reasons for the adverse action. The reasons must be provided
5-11 in sufficiently clear and specific language so that a person can
5-12 identify the basis for the insurer’s decision to take the adverse
5-13 action. The notice must include a description of not more than
5-14 four factors that were the primary influences of the adverse
5-15 action. The use of generalized terms such as “poor credit history,”
5-16 “poor credit rating” or “poor insurance score” does not meet the
5-17 requirements of this subsection. Standardized explanations
5-18 provided by consumer reporting agencies are deemed to cGreen numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).omply
5-19 with this section.
5-20 Sec. 14. 1. An insurer shall indemnify, defend and hold
5-21 harmless an agent of the insurer from and against all liability, fees
5-22 and costs arising out of or relating to the actions, errors or
5-23 omissions of the agent with regard to obtaining or using credit
5-24 information or insurance scores for the insurer, if the agent
5-25 follows the instructions of or procedures established by the insurer
5-26 and complies with any applicable law or regulation.
5-27 2. This section does not provide, expand, limit or prohibit any
5-28 cause of action an applicant or policyholder may have against an
5-29 agent of an insurer.
5-30 Sec. 15. 1. A consumer reporting agency shall not provide
5-31 or sell data or lists that include any information that in whole or
5-32 in part was submitted in conjunction with:
5-33 (a) An inquiry by or for an insurer about the credit
5-34 information of an applicant or policyholder; or
5-35 (b) A request for a credit report or insurance score.
5-36 2. The information described in subsection 1 includes,
5-37 without limitation:
5-38 (a) The expiration date of a policy or any other information
5-39 that may identify time periods during which a policy of an
5-40 applicant or policyholder may expire; and
5-41 (b) The terms and conditions of the coverage provided by a
5-42 policy of an applicant or policyholder.
5-43 3. The restriction set forth in subsection 1 does not apply to
5-44 data or lists the consumer reporting agency supplies to the insurer,
5-45 or an agent or affiliate of the insurer, from whom the information
5-46 was received.
6-1 4. The provisions of this section do not restrict any insurer
6-2 from being able to obtain a report regarding a motor vehicle or a
6-3 report of a history of claims.
6-4 Sec. 16. NRS 686C.140 is hereby amended to read as follows:
6-5 686C.140 1. The Board of Directors of the Association
6-6 consists of not less than five nor more than nine members, serving
6-7 terms as established in the plan of operation.
6-8 2. The members of the Board who represent insurers must be
6-9 selected by member insurers subject to the approval of the
6-10 Commissioner. If practicable, one of the members of the Board
6-11 must be an officer of a domestic insurer.
6-12 3. Two public representatives must be appointed to the Board
6-13 by the Commissioner. A public representative may not be an officer,
6-14 director or employee of an insurer or engaged in the business of
6-15 insurance.
6-16 4. Vacancies on the Board must be filled for the remaining
6-17 period of the term by majority vote of the members of the Board,
6-18 subject to the approval of the Commissioner, for members who
6-19 represent insurers, and by the Commissioner for public
6-20 representatives.
6-21 5. To select the initial Board of Directors, and initially organize
6-22 the Association, the Commissioner shall give notice to all member
6-23 insurers of the time and place of the organizational meeting. In
6-24 determining voting rights at the organizational meeting, each
6-25 member insurer is entitled to one vote in person or by proxy. If the
6-26 Board of Directors is not selected within 60 days after notice of the
6-27 organizational meeting, the Commissioner may appoint the initial
6-28 members to represent insurers in addition to the public
6-29 representatives.
6-30 [2.] 6. In approving selections or in appointing members to the
6-31 Board, the Commissioner shall consider, among other things,
6-32 whether all member insurers are fairly represented.
6-33 [3.] 7. Members of the Board may be reimbursed from the
6-34 assets of the Association for expenses incurred by them as members
6-35 of the Board of Directors but members of the Board may not
6-36 otherwise be compensated by the Association for their services.
6-37 Sec. 17. NRS 687A.050 is hereby amended to read as follows:
6-38 687A.050 1. The Board of Directors of the Association shall
6-39 consist of not fewer than five nor more than nine persons. The
6-40 members of the Board shall be appointed by the Commissioner and
6-41 shall serve at his discretion. Vacancies on the Board shall be filled
6-42 in the same manner as initial appointments.
6-43 2. A majority of the members appointed shall be the designated
6-44 representatives of member insurers. If practicable, one of the
6-45 members appointed as a designated representative of the member
6-46 insurers must be an officer of a domestic insurer. The
7-1 Commissioner shall consider among other things whether all
7-2 member insurers are fairly represented.
7-3 3. Members of the Board may be reimbursed from the assets of
7-4 the Association for expenses incurred by them as members of the
7-5 Board of Directors.
7-6 Sec. 18. Chapter 687B of NRS is hereby amended by adding
7-7 thereto a new section to read as follows:
7-8 Unless otherwise provided by a specific statue, if a signature is
7-9 required of any person, the person may provide as the signature of
7-10 the person:
7-11 1. An original signature;
7-12 2. A facsimile signature; or
7-13 3. An electronic signature pursuant to the provisions of
7-14 chapter 719 of NRS.
7-15 Sec. 19. NRS 687B.160 is hereby amended to read as follows:
7-16 687B.160 1. Every insurance policy must be executed in the
7-17 name of and on behalf of the insurer by its officer, attorney in fact,
7-18 employee or representative duly authorized by the insurer.
7-19 2. [A facsimile signature of any] Any such executing individual
7-20 may [be used] use, in lieu of an original signature[.] :
7-21 (a) A facsimile signature; or
7-22 (b) An electronic signature pursuant to the provisions of
7-23 chapter 719 of NRS.
7-24 3. An insurance contract issued before, on or after January 1,
7-25 1972, which is otherwise valid is not rendered invalid by reason of
7-26 the apparent execution thereof on behalf of the insurer by the
7-27 imprinted facsimile signature of an individual not authorized so to
7-28 execute as of the date of the policy.
7-29 Sec. 20. NRS 232.680 is hereby amended to read as follows:
7-30 232.680 1. The cost of carrying out the provisions of NRS
7-31 232.550 to 232.700, inclusive, and of supporting the Division, a
7-32 full-time employee of the Legislative Counsel Bureau and the Fraud
7-33 Control Unit for Industrial Insurance established pursuant to NRS
7-34 228.420, and that portion of the cost of the Office for Consumer
7-35 Health Assistance established pursuant to NRS 223.550 that is
7-36 related to providing assistance to consumers and injured employees
7-37 concerning workers’ compensation, must be paid from assessments
7-38 payable by each insurer, including each employer who provides
7-39 accident benefits for injured employees pursuant to NRS 616C.265.
7-40 2. The Administrator shall assess each insurer, including each
7-41 employer who provides accident benefits for injured employees
7-42 pursuant to NRS 616C.265. To establish the amount of the
7-43 assessment, the Administrator shall determine the amount of money
7-44 necessary for each of the expenses set forth in subsections 1 and 4 of
7-45 this section and subsection 3 of NRS 616A.425 and determine the
7-46 amount that is payable by the private carriers, the self-insured
8-1 employers, the associations of self-insured public or private
8-2 employers and the employers who provide accident benefits
8-3 pursuant to NRS 616C.265 for each of the programs. For the
8-4 expenses from which more than one group of insurers receives
8-5 benefit, the Administrator shall allocate a portion of the amount
8-6 necessary for that expense to be payable by each of the relevant
8-7 group of insurers, based upon the expected annual expenditures for
8-8 claims of each group of insurers. After allocating the amounts
8-9 payable among each group of insurers for all the expenses from
8-10 which each group receives benefit, the Administrator shall apply an
8-11 assessment rate to the:
8-12 (a) Private carriers that reflects the relative hazard of the
8-13 employments covered by the private carriers, results in an equitable
8-14 distribution of costs among the private carriers and is based upon
8-15 expected annual premiums to be received;
8-16 (b) Self-insured employers that results in an equitable
8-17 distribution of costs among the self-insured employers and is based
8-18 upon expected annual expenditures for claims;
8-19 (c) Associations of self-insured public or private employers that
8-20 results in an equitable distribution of costs among the associations
8-21 of self-insured public or private employers and is based upon
8-22 expected annual expenditures for claims; and
8-23 (d) Employers who provide accident benefits pursuant to NRS
8-24 616C.265 that reflect the relative hazard of the employments
8-25 covered by those employers, results in an equitable distribution of
8-26 costs among the employers and is based upon expected annual
8-27 expenditures for claims.
8-28 The Administrator shall adopt regulations that establish the formula
8-29 for the assessment and for the administration of payment, and any
8-30 penalties that the Administrator determines are necessary to carry
8-31 out the provisions of this subsection. The formula may use actual
8-32 expenditures for claims. As used in this subsection, the term “group
8-33 of insurers” includes the group of employers who provide accident
8-34 benefits for injured employees pursuant to NRS 616C.265.
8-35 3. Federal grants may partially defray the costs of the Division.
8-36 4. Assessments made against insurers by the Division after the
8-37 adoption of regulations must be used to defray all costs and
8-38 expenses of administering the program of workers’ compensation,
8-39 including the payment of:
8-40 (a) All salaries and other expenses in administering the Division,
8-41 including the costs of the office and staff of the Administrator.
8-42 (b) All salaries and other expenses of administering NRS
8-43 616A.435 to 616A.460, inclusive, the offices of the Hearings
8-44 Division of the Department of Administration and the programs of
8-45 self-insurance and review of premium rates by the Commissioner of
8-46 Insurance.
9-1 (c) The salary and other expenses of a full-time employee of the
9-2 Legislative Counsel Bureau whose principal duties are limited to
9-3 conducting research and reviewing and evaluating data related to
9-4 industrial insurance.
9-5 (d) All salaries and other expenses of the Fraud Control Unit for
9-6 Industrial Insurance established pursuant to NRS 228.420.
9-7 (e) Claims against uninsured employers arising from compliance
9-8 with NRS 616C.220 and 617.401.
9-9 (f) That portion of the salaries and other expenses of the Office
9-10 for Consumer Health Assistance established pursuant to NRS
9-11 223.550 that is related to providing assistance to consumers and
9-12 injured employees concerning workers’ compensation.
9-13 5. If the Division refunds any part of an assessment, the
9-14 Division shall include in that refund any interest earned by the
9-15 Division from the refunded part of the assessment.
9-16 Sec. 21. NRS 616A.425 is hereby amended to read as follows:
9-17 616A.425 1. There is hereby established in the State Treasury
9-18 the Fund for Workers’ Compensation and Safety as an enterprise
9-19 fund. All money received from assessments levied on insurers and
9-20 employers by the Administrator pursuant to NRS 232.680 must be
9-21 deposited in this Fund.
9-22 2. All assessments, penalties, bonds, securities and all other
9-23 properties received, collected or acquired by the Division for
9-24 functions supported in whole or in part from the Fund must be
9-25 delivered to the custody of the State Treasurer for deposit to the
9-26 credit of the Fund.
9-27 3. All money and securities in the Fund must be used to defray
9-28 all costs and expenses of administering the program of workmen’s
9-29 compensation, including the payment of:
9-30 (a) All salaries and other expenses in administering the Division
9-31 of Industrial Relations, including the costs of the office and staff of
9-32 the Administrator.
9-33 (b) All salaries and other expenses of administering NRS
9-34 616A.435 to 616A.460, inclusive, the offices of the Hearings
9-35 Division of the Department of Administration and the programs of
9-36 self-insurance and review of premium rates by the Commissioner.
9-37 (c) The salary and other expenses of a full-time employee of the
9-38 Legislative Counsel Bureau whose principal duties are limited to
9-39 conducting research and reviewing and evaluating data related to
9-40 industrial insurance.
9-41 (d) All salaries and other expenses of the Fraud Control Unit for
9-42 Industrial Insurance established pursuant to NRS 228.420.
9-43 (e) Claims against uninsured employers arising from compliance
9-44 with NRS 616C.220 and 617.401.
9-45 (f) That portion of the salaries and other expenses of the Office
9-46 for Consumer Health Assistance established pursuant to NRS
10-1 223.550 that is related to providing assistance to consumers and
10-2 injured employees concerning workers’ compensation.
10-3 4. The State Treasurer may disburse money from the Fund only
10-4 upon written order of the Controller.
10-5 5. The State Treasurer shall invest money of the Fund in the
10-6 same manner and in the same securities in which he is authorized to
10-7 invest state general funds which are in his custody. Income realized
10-8 from the investment of the assets of the Fund must be credited to the
10-9 Fund.
10-10 6. The Commissioner shall assign an actuary to review the
10-11 establishment of assessment rates. The rates must be filed with the
10-12 Commissioner 30 days before their effective date. Any insurer or
10-13 employer who wishes to appeal the rate so filed must do so pursuant
10-14 to NRS 679B.310.
10-15 7. If the Division refunds any part of an assessment, the
10-16 Division shall include in that refund any interest earned by the
10-17 Division from the refunded part of the assessment.
10-18 Sec. 22. NRS 616C.330 is hereby amended to read as follows:
10-19 616C.330 1. The hearing officer shall:
10-20 (a) Within 5 days after receiving a request for a hearing, set the
10-21 hearing for a date and time within 30 days after his receipt of the
10-22 request [.] at a place in Carson City, Nevada, or Las Vegas,
10-23 Nevada, or upon agreement of one or more of the parties to pay all
10-24 additional costs directly related to an alternative location, at any
10-25 other place of convenience to the parties, at the discretion of the
10-26 hearing officer;
10-27 (b) Give notice by mail or by personal service to all interested
10-28 parties to the hearing at least 15 days before the date and time
10-29 scheduled; and
10-30 (c) Conduct hearings expeditiously and informally.
10-31 2. The notice must include a statement that the injured
10-32 employee may be represented by a private attorney or seek
10-33 assistance and advice from the Nevada Attorney for Injured
10-34 Workers.
10-35 3. If necessary to resolve a medical question concerning an
10-36 injured employee’s condition or to determine the necessity of
10-37 treatment for which authorization for payment has been denied, the
10-38 hearing officer may refer the employee to a physician or
10-39 chiropractor of his choice who has demonstrated special competence
10-40 to treat the particular medical condition of the employee. If the
10-41 medical question concerns the rating of a permanent disability, the
10-42 hearing officer may refer the employee to a rating physician or
10-43 chiropractor. The rating physician or chiropractor must be selected
10-44 in rotation from the list of qualified physicians and chiropractors
10-45 maintained by the Administrator pursuant to subsection 2 of NRS
10-46 616C.490, unless the insurer and injured employee otherwise agree
11-1 to a rating physician or chiropractor. The insurer shall pay the costs
11-2 of any medical examination requested by the hearing officer.
11-3 4. If an injured employee has requested payment for the cost of
11-4 obtaining a second determination of his percentage of disability
11-5 pursuant to NRS 616C.100, the hearing officer shall decide whether
11-6 the determination of the higher percentage of disability made
11-7 pursuant to NRS 616C.100 is appropriate and, if so, may order the
11-8 insurer to pay to the employee an amount equal to the maximum
11-9 allowable fee established by the Administrator pursuant to NRS
11-10 616C.260 for the type of service performed, or the usual fee of that
11-11 physician or chiropractor for such service, whichever is less.
11-12 5. The hearing officer shall order an insurer, organization for
11-13 managed care or employer who provides accident benefits for
11-14 injured employees pursuant to NRS 616C.265 to pay the charges of
11-15 a provider of health care if the conditions of NRS 616C.138 are
11-16 satisfied.
11-17 6. The hearing officer may allow or forbid the presence of a
11-18 court reporter and the use of a tape recorder in a hearing.
11-19 7. The hearing officer shall render his decision within 15 days
11-20 after:
11-21 (a) The hearing; or
11-22 (b) He receives a copy of the report from the medical
11-23 examination he requested.
11-24 8. The hearing officer shall render his decision in the most
11-25 efficient format developed by the Chief of the Hearings Division of
11-26 the Department of Administration.
11-27 9. The hearing officer shall give notice of his decision to each
11-28 party by mail. He shall include with the notice of his decision the
11-29 necessary forms for appealing from the decision.
11-30 10. Except as otherwise provided in NRS 616C.380, the
11-31 decision of the hearing officer is not stayed if an appeal from that
11-32 decision is taken unless an application for a stay is submitted by a
11-33 party. If such an application is submitted, the decision is
11-34 automatically stayed until a determination is made on the
11-35 application. A determination on the application must be made within
11-36 30 days after the filing of the application. If, after reviewing the
11-37 application, a stay is not granted by the hearing officer or an appeals
11-38 officer, the decision must be complied with within 10 days after the
11-39 refusal to grant a stay.
11-40 Sec. 23. NRS 616C.345 is hereby amended to read as follows:
11-41 616C.345 1. Any party aggrieved by a decision of the
11-42 hearing officer relating to a claim for compensation may appeal
11-43 from the decision by filing a notice of appeal with an appeals officer
11-44 within 30 days after the date of the decision.
11-45 2. If a dispute is required to be submitted to a procedure for
11-46 resolving complaints pursuant to NRS 616C.305 and:
12-1 (a) A final determination was rendered pursuant to that
12-2 procedure; or
12-3 (b) The dispute was not resolved pursuant to that procedure
12-4 within 14 days after it was submitted,
12-5 any party to the dispute may file a notice of appeal within 70 days
12-6 after the date on which the final determination was mailed to the
12-7 employee, or his dependent, or the unanswered request for
12-8 resolution was submitted. Failure to render a written determination
12-9 within 30 days after receipt of such a request shall be deemed by the
12-10 appeals officer to be a denial of the request.
12-11 3. Except as otherwise provided in NRS 616C.380, the filing of
12-12 a notice of appeal does not automatically stay the enforcement of the
12-13 decision of a hearing officer or a determination rendered pursuant to
12-14 NRS 616C.305. The appeals officer may order a stay, when
12-15 appropriate, upon the application of a party. If such an application is
12-16 submitted, the decision is automatically stayed until a determination
12-17 is made concerning the application. A determination on the
12-18 application must be made within 30 days after the filing of the
12-19 application. If a stay is not granted by the officer after reviewing
12-20 the application, the decision must be complied with within 10 days
12-21 after the date of the refusal to grant a stay.
12-22 4. Except as otherwise provided in [this subsection,]
12-23 subsection 5, the appeals officer shall, within 10 days after
12-24 receiving a notice of appeal pursuant to this section or a contested
12-25 claim pursuant to subsection 5 of NRS 616C.315 [, schedule] :
12-26 (a) Schedule a hearing on the merits of the appeal or contested
12-27 claim for a date and time within 90 days after his receipt of the
12-28 notice at a place in Carson City, Nevada, or Las Vegas, Nevada, or
12-29 upon agreement of one or more of the parties to pay all additional
12-30 costs directly related to an alternative location, at any other place
12-31 of convenience to the parties, at the discretion of the appeals
12-32 officer; and [give]
12-33 (b) Give notice by mail or by personal service to all parties to
12-34 the matter and their attorneys or agents at least 30 days before the
12-35 date and time scheduled.
12-36 5. A request to schedule the hearing for a date and time which
12-37 is:
12-38 (a) Within 60 days after the receipt of the notice of appeal or
12-39 contested claim; or
12-40 (b) More than 90 days after the receipt of the notice or
12-41 claim,
12-42 may be submitted to the appeals officer only if all parties to the
12-43 appeal or contested claim agree to the request.
12-44 [5.] 6. An appeal or contested claim may be continued upon
12-45 written stipulation of all parties, or upon good cause shown.
13-1 [6.] 7. Failure to file a notice of appeal within the period
13-2 specified in subsection 1 or 2 may be excused if the party aggrieved
13-3 shows by a preponderance of the evidence that he did not receive
13-4 the notice of the determination and the forms necessary to appeal the
13-5 determination. The claimant, employer or insurer shall notify the
13-6 hearing officer of a change of address.
13-7 Sec. 24. 1. The Commissioner of Insurance shall conduct a
13-8 study to review whether the State of Nevada should enact, in the
13-9 interest of the public:
13-10 (a) The Defined Limits Version of the Investments of Insurers
13-11 Model Act adopted by the National Association of Insurance
13-12 Commissioners;
13-13 (b) The Defined Standards Version of the Investments of
13-14 Insurers Model Act adopted by the National Association of
13-15 Insurance Commissioners; or
13-16 (c) Other legislation regulating the investments of insurers.
13-17 2. The Commissioner shall seek to obtain all relevant
13-18 information from public and private sources as part of this study.
13-19 Any such information obtained by the Commissioner may only be
13-20 used for the purposes of conducting this study.
13-21 3. The Commissioner shall complete this study and submit a
13-22 copy of his findings and recommendations on or before January 1,
13-23 2005, to the Director of the Legislative Counsel Bureau for
13-24 distribution to the 73rd Session of the Nevada Legislature.
13-25 Sec. 25. 1. On or before December 31, 2004, the
13-26 Commissioner of Insurance shall prepare a report and submit the
13-27 report to the Governor and the Legislature. The report must address:
13-28 (a) The operation of sections 2 to 15, inclusive, of this act;
13-29 (b) The efficacy, necessity and desirability of using credit
13-30 information in making decisions related to insurance;
13-31 (c) The impacts upon the residents of Nevada of the continued
13-32 use of credit information in making decisions related to insurance;
13-33 and
13-34 (d) Any additional consumer protections identified by the
13-35 Commissioner for the consideration of the Legislature.
13-36 2. As used in this section, “credit information” has the meaning
13-37 ascribed to it in section 7 of this act.
13-38 Sec. 26. 1. This section and sections 1 and 16 to 25,
13-39 inclusive, of this act become effective on October 1, 2003.
13-40 2. Sections 1.5 to 15, inclusive, of this act become effective on
13-41 July 1, 2004.
13-42 20~~~~~03