ny shall be deemed to be the employer of its leased employees for the purposes of sponsoring and maintaining any benefit plans. 3. An employee leasing company shall not offer its employees any self-funded insurance program. An employee leasing company shall not act as a self-insured employer or be a member of an association of self-insured public or private employers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS or pursuant to title 57 of NRS. 4. If an employee leasing company fails to: (a) Pay any contributions, premiums, forfeits or interest due; or (b) Submit any reports or other information required, pursuant to this chapter or chapter 612, 616A, 616C, 616D or 617 of NRS, the client company is jointly and severally liable for the contributions, premiums, forfeits or interest attributable to the wages of the employees leased to it by the employee leasing company. (Added to NRS by 1993, 2420; A 1995, 2014, 2135; 1997, 579; 2003, 20th Special Session, 218) NRS 616B.694 Regulations. The Administrator may adopt regulations to carry out the provisions of NRS 616B.670 to 616B.697, inclusive. (Added to NRS by 1993, 2421; A 1995, 649; 1999, 1726) NRS 616B.697 Action for damages for statutory violation. An action for damages caused by the failure of an employee leasing company to comply with the provisions of NRS 616B.670 to 616B.697, inclusive, may be brought against any person who is required to sign the application for a certificate of registration for the employee leasing company. (Added to NRS by 1993, 2421; A 1999, 1726) Consolidated Insurance Programs NRS 616B.710 Establishment and administration of program: Prerequisites; mandatory participation; payments to contractors or subcontractors; Commissioner to establish threshold cost for project eligible for program. 1. A private company, public entity or utility may: (a) Establish and administer a consolidated insurance program to provide industrial insurance coverage for employees of contractors and subcontractors who are engaged in a construction project of which the private company, public entity or utility is the owner or principal contractor, if the estimated total cost of the construction project is equal to or greater than the threshold amount established by the Commissioner pursuant to subsection 3; and (b) As a condition precedent to the award of a contract to perform work on the construction project, require that contractors and subcontractors who will be engaged in the construction of the project participate in the consolidated insurance program. 2. If a private company, public entity or utility: (a) Establishes and administers a consolidated insurance program; and (b) Pursuant to the contract for the construction of the project, owes a periodic payment to a contractor or subcontractor whose employees are covered under the consolidated insurance program, the private company, public entity or utility shall not withhold such a periodic payment on the basis that the contractor or subcontractor has not signed an employer’s report of industrial injury or occupational disease as required pursuant to NRS 616C.045. 3. The Commissioner shall establish the threshold amount that the estimated total cost of a construction project must be equal to or greater than before a consolidated insurance program may be established and administered for that project pursuant to this section. The base amount for the threshold must initially be $150,000,000 and thereafter must be an amount equal to $150,000,000 as adjusted by the Commissioner on June 30 of each year to reflect the present value of that amount with respect to the construction cost index. 4. As used in this section: (a) “Construction cost index” means the construction cost index published by the Engineering News-Record as a measure of inflation. (b) “Estimated total cost” means the estimated cost to complete all parts of a construction project, including, without limitation, the cost of: (1) Designing the project; (2) Acquiring the real property on which the project will be constructed; (3) Connecting the project to utilities; (4) Excavating and carrying out underground improvements for the project; and (5) Acquiring equipment and furnishings for the project. The term does not include the cost of any fees or charges associated with acquiring the money necessary to complete the project. (Added to NRS by 1999, 3141) NRS 616B.712 Industrial insurance for program; contract to provide insurance to be filed and reviewed by Commissioner. 1. A private carrier who is authorized to transact industrial insurance in this State may contract with a private company, public entity or utility to provide industrial insurance coverage for a consolidated insurance program. 2. A private company, public entity or utility that enters into a contract with a private carrier for the provision of industrial insurance coverage for a consolidated insurance program shall file a copy of the contract with the Commissioner at least 60 days before the date on which the construction project is scheduled to begin. 3. The Commissioner shall, within 60 days after receiving a copy of a contract pursuant to subsection 2, review and approve or disapprove the contract. If the Commissioner does not disapprove the contract within 60 days after receiving it, the contract shall be deemed approved. (Added to NRS by 1999, 3142) NRS 616B.717 Coverage of more than one construction project authorized. A consolidated insurance program may cover more than one construction project. (Added to NRS by 1999, 3142) NRS 616B.720 Contents of contract to provide insurance for program. A contract for the provision of industrial insurance that is authorized pursuant to NRS 616B.712 must include, without limitation: 1. Provisions that require compliance with each of the requirements relating to safety and the administration of claims for industrial insurance at the site of the construction project that are set forth in NRS 616B.725 and 616B.727; 2. The names and qualifications of the persons appointed to oversee issues of safety and the administration of claims for industrial insurance at the site of the construction project pursuant to NRS 616B.725 and 616B.727; 3. The terms and conditions pursuant to which the contract provides industrial insurance coverage. The terms and conditions must include, without limitation: (a) A definition of the site of the construction project that: (1) Delineates clearly the area within which coverage is provided; and (2) Is reasonably contiguous to the actual physical site of the construction project; and (b) A description of the scope and details of the construction project and the duration of industrial insurance coverage that is provided for the project; 4. A list in which the owner, principal contractor, construction manager, contractors and subcontractors of the construction project are set forth as named insureds; and 5. A provision setting forth the penalties to which the owner, principal contractor, construction manager, contractors and subcontractors of the construction project may be subject if such persons or entities fail to comply with the provisions relating to safety and the administration of claims for industrial insurance that are required pursuant to NRS 616B.725 and 616B.727. (Added to NRS by 1999, 3145) NRS 616B.722 Liability of insurer for payment of compensation. A private carrier who contracts to provide industrial insurance coverage for a consolidated insurance program pursuant to NRS 616B.712 is liable to pay each claim for industrial insurance that is covered by the program, regardless of whether: 1. The claim is filed after the

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