h coverage, the private carrier may, with the approval of the Commissioner, determine and fix the premium rates to be paid for the industrial insurance so provided. 2. A domestic worker for whom industrial insurance is provided pursuant to subsection 1: (a) Shall be deemed to be an employee while performing work for his employer at a wage: (1) Equal to his average monthly wage as determined pursuant to the regulations adopted by the Administrator pursuant to NRS 616C.420 if he is employed more than 20 hours per week; or (2) Of $150 per month if he is employed not more than 20 hours per week; and (b) Is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS. 3. As used in this section: (a) “Domestic worker” is a person who is engaged exclusively in household or domestic service performed inside or outside of a person’s residence. The term includes, without limitation, a cook, housekeeper, maid, companion, babysitter, chauffeur or gardener. (b) “Homeowner’s policy of insurance” means a policy of property or casualty insurance that provides coverage for the loss of or damage to a home or against liability for the death or injury of a person or damage to property. (Added to NRS by 1999, 1371) NRS 616B.033 Default of employer does not relieve insurer from liability; effect of statements contained in application for policy; notification of employer of cancellation of policy; defense based on act or omission of insured employer may not be raised by insurer against claimant; insurer placed in position of employer under certain circumstances. 1. 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 intends to cancel a policy of insurance issued by the insurer pursuant to chapters 616A to 617, inclusive, of NRS, the insurer must give notice to that effect in writing to the employer fixing the date on which it is proposed that the cancellation becomes effective, which must be at least 30 days after the date on which the notice is personally delivered or mailed to the employer, except in the case of cancellation for failure to pay a premium when due. 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 employer. 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. (Added to NRS by 1995, 2001; A 1997, 1427; 1999, 444; 2001, 802) NRS 616B.036 Conditions for providing industrial insurance for organization or association of employers; approval of group or organization; adoption of regulations. 1. A private carrier may provide industrial insurance for an organization or association of employers as a group if: (a) The members of the organization or association are engaged in a common trade or business; and (b) The formation and operation of a program of industrial insurance for the organization or association will substantially assist in the handling of claims and the prevention of accidents for the employers as a group. 2. Notwithstanding the provisions of subsection 1, a private carrier may provide industrial insurance for an organization or association of employers as a group whose members are not engaged in a common trade or business if: (a) The organization or association of employers is formed and maintained for purposes other than obtaining industrial insurance; and (b) The contract or other agreement pursuant to which the private carrier will provide industrial insurance for the organization or association provides that: (1) A separate policy will be issued to each member of the organization or association; and (2) Other than the payment of premiums by the organization or association, the organization or association and each of its members are not liable for the cost of the administration of claims or the compensation payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. 3. The Commissioner must approve each organization or association before a policy of industrial insurance may be issued to it as a group pursuant to subsection 1 or 2. 4. The Commissioner shall adopt regulations for the qualification of organizations or associations of employers described in subsections 1 and 2. (Added to NRS by 1995, 2004; A 1999, 1764, 2414; 2001, 115) NRS 616B.038 Prohibition against charging fee for inclusion on panel of providers of health care; penalty. 1. If an insurer establishes a panel of providers of health care for the purpose of offering health care services pursuant to chapters 616A to 617, inclusive, of NRS, the insurer shall not charge a provider of health care: (a) A fee to include the name of the provider on the panel of providers of health care; or (b) Any other fee related to establishing a provider of health care as a provider for the insurer. 2. If an insurer violates the provisions of subsection 1, the insurer shall pay to the provider of health care an amount that is equal to twice the fee charged to the provider of health care. 3. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section. (Added to NRS by 2003, 3373) STATE INSURANCE FUND NRS 616B.040 Creation; source; investments. 1. There is hereby established in the State Treasury the State Insurance Fund. The Commissioner shall administer the Fund. 2. The money in the Fund may be invested by the State Treasurer in accordance with the provisions of NRS 355.140, 355.150 and 355.160. 3. Any money delivered to the Commissioner pursuant to NRS 616B.042 and 696B.360 must be deposited in the Fund and be held in trust by the Commissioner as custodian thereof for the purpose of providing compensation for industrial accidents and occupational diseases and for administrative expenses incidental thereto. (Added to NRS by 1999, 1763)—(Substituted in revision for NRS 616B.0862) NRS 616B

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