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Nevada Injury Law

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of Self-Insured Public or Private Employers created. 1. The Commissioner may assess all associations of self-insured public or private employers to provide for claims against any insolvent association. 2. All money received from such assessments must be deposited with the State Treasurer to the credit of the Account for Insolvent Associations of Self-Insured Public or Private Employers, which is hereby created in the Fund for Workers’ Compensation and Safety. Money in the Account must be used solely to carry out the provisions of this section. All claims against the Account must be paid as other claims against the State are paid. The State Treasurer shall invest money in the Account in the same manner and in the same securities in which he may invest money in the State General Fund. Income realized from the investment of the money in the Account must be credited to the Account. (Added to NRS by 1993, 680)—(Substituted in revision for NRS 616.37995) NRS 616B.446 Regulations. The Commissioner may adopt such regulations as are necessary to carry out the provisions of NRS 616B.350 to 616B.446, inclusive. (Added to NRS by 1993, 680)—(Substituted in revision for NRS 616.37997) PRIVATE CARRIERS NRS 616B.460 Election by employer to purchase industrial insurance from private carrier; cancellation of policy by employer to purchase insurance from another insurer. 1. An employer may elect to purchase industrial insurance from a private carrier for his employees pursuant to chapters 616A to 617, inclusive, of NRS. 2. An employer who cancels a policy of industrial insurance to elect to purchase insurance from an insurer other than his present insurer shall comply with the reporting requirements of NRS 616B.461. (Added to NRS by 1995, 2000; A 1999, 1771, 2414; 2001, 115, 803) NRS 616B.461 Notification of Administrator regarding issuance, renewal, cancellation or reinstatement of policy; investigation of information reported by private carrier. 1. An employer who cancels a policy of industrial insurance issued to him by a private carrier shall notify the Administrator in writing within 20 days after the cancellation, specifying the date on which the cancellation became effective, unless the employer’s subsequent insurer is a private carrier who has already notified the Administrator pursuant to subsection 2 that it has issued a new policy to that employer. The notice must be served personally or sent by first-class mail or electronic transmission to the Administrator. If the employer has secured insurance with another insurer that could cause double coverage, the date on which cancellation of the previous policy became effective must be the effective date of the new insurance. 2. A private carrier shall notify the Administrator in writing within 15 days after the private carrier: (a) Issues a policy of industrial insurance. (b) Renews a policy of industrial insurance. (c) Reinstates a policy of industrial insurance that had been temporarily cancelled. (d) Cancels or does not renew a policy of industrial insurance. 3. If the Administrator believes that a private carrier has inaccurately reported the information required pursuant to subsection 2 and notifies the private carrier of the alleged inaccuracy, the private carrier shall within 30 calendar days after receiving the notification: (a) Investigate the alleged inaccuracy; and (b) Submit to the Administrator accurate information or information proving that the previously submitted information was accurate. 4. During the period of investigation by the private carrier, the Administrator may not impose any administrative fines, issue a notice of correction or take any other corrective action against the private carrier. If the private carrier is able to prove that the information originally submitted to the Administrator or, if applicable, his designated agent, was accurate, the Administrator may not impose any administrative fines, issue a notice of correction or take any other corrective action against the private carrier. As used in this subsection, “designated agent” means an agent who is authorized by the Administrator to receive, compile and forward to the Administrator the information required pursuant to subsection 2. (Added to NRS by 2001, 801) NRS 616B.463 Authorization and security required before industrial insurance may be provided by private carrier; private carrier subject to insurance code. 1. Before a private carrier may provide industrial insurance pursuant to chapters 616A to 617, inclusive, of NRS, the private carrier must be authorized by the commissioner pursuant to chapter 680A of NRS and maintain such security of the kind described in NRS 680A.120 and 680A.140 as may be required. 2. A private carrier shall not provide industrial insurance pursuant to chapters 616A to 617, inclusive, of NRS as an unauthorized insurer pursuant to subsection 9 of NRS 680A.070. 3. A private carrier that is authorized by the Commissioner to provide industrial insurance pursuant to subsection 1: (a) Constitutes an authorized insurer, as that term is defined in NRS 679A.030; and (b) Is subject to the provisions of title 57 of NRS that govern authorized insurers. (Added to NRS by 1995, 2001; A 1997, 286; 1999, 400, 1722) NRS 616B.466 Responsibility of private carrier after withdrawal of authorization to provide industrial insurance. If a private carrier withdraws from providing industrial insurance in this State or its authorization to do so is withdrawn, it remains responsible for all compensation for injuries sustained during the period of coverage stated in its policies. (Added to NRS by 1995, 2002) NRS 616B.472 Suspension of authorization of private carrier to provide industrial insurance: Grounds; hearing. 1. The Commissioner shall suspend the authorization of a private carrier to provide industrial insurance for 1 year if, after a hearing thereon, 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 or the Commissioner. 2. A hearing to determine whether the authorization of a private carrier to provide industrial insurance will be suspended pursuant to subsection 1 must be conducted by the Commissioner pursuant to the provisions of NRS 679B.310 to 679B.370, inclusive, the regulations adopted pursuant thereto and the provisions of chapter 233B of NRS concerning adjudication of contested cases. 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. (Added to NRS by 1995, 2003; A 1997, 1432; 1999, 444, 1722) NRS 616B.475 Requirements for handling claims; employer and private carrier subject to regulations of Division. The claims of employees and their dependents resulting from injuries while in the employment of employers insured by a private carrier must be handled in the manner provided by chapters 616A to 616D, inclusive, of NRS, and the employer and the private carrier are subject to the regulations of the Division with respect thereto. (Added to NRS by 1995, 2001) THIRD-PARTY ADMINISTRATORS NRS 616B.500 Administration of plan of insurance authorized; conditions. 1. An insurer may enter into a contract to have his plan of insurance administered by a third-party administrator. 2. An insurer shall not enter into a contract with any person for the administration of any part of the plan of insurance unless that person maintains an office in this State and has a certificate issued by the Commissioner pursuant to NRS 683A.08524. (Added to NRS by 1991, 2393; A 1993, 710; 1999, 1771, 2821, 2822) NRS 616B.503 Certification by Commissioner

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