Nevada 2019 Regular Session Status: Enacted 1 D cosponsors

SB 381 — Revises provisions relating to workers' compensation. (BDR 53-1157)

Last action — Chapter 550.

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This bill has been enacted into law. Introduced March 20, 2019. Enacted.

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Summary

AN ACT relating to industrial insurance; establishing the substantive right of an injured employee to choose a treating physician or chiropractor under the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act; revising provisions governing the panel of treating physicians and chiropractors established by the Administrator of the Division of Industrial Relations of the Department of Business and Industry to require the inclusion of certain physicians and chiropractors; authorizing the Administrator to select a rating physician or chiropractor for an injured employee upon request; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

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747 line(s) added, 778 removed.

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(Reprinted with amendments adopted on June 1, 2019) SECOND REPRINT S.B.
Senate Bill No.
381 S ENATE B ILLN O.
381–Senator Cannizzaro CHAPTER..........
381–SENATOR CANNIZZARO M ARCH 20, 2019 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to workers’ compensation.
(BDR 53-1157) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Legislative Counsel’s Digest:
LegiIn 2007, the Nevada Supreme Court held that the Nevada Industrial Insurance Act does not entitle a claimant for compensation under that Act to his or her choice of treating physician as a substantive right.
In 2007, the Nevada Supreme Court held that the Nevada Industrial Insurance Act does not entitle a claimant for compensation under that Act to his or her choice of treating physician as a substantive right.
of Nev., physician or chiropractor is a substantive right of an injured employee who has ag claim under the Nevada Industrial Insurance Act (chapters 616A-616D of NRS) or the Nevada Occupational Diseases Act (chapter 617 of NRS).
of Nev., Nev.
170 (2007)) Section 2 of this bill provides that the choice of a treating physician or chiropractor is a substantive right of an injured employee who has a claim under the Nevada Industrial Insurance Act (chapters 616A-616D of NRS) or the Nevada Occupational Diseases Act (chapter 617 of NRS).
(1) include in its list of physicians and chiropractors from which an injured employee may choose to receive treatment a certain number of physicians established and maintained by the Administrator of the Division of Industrialrs Relations of the Department of Business and Industry;
(1) include in its list of physicians and chiropractors from which an or chiropractors, as applicable, from the panel of physicians and chiropractors established and maintained by the Administrator of the Division of Industrial Relations of the Department of Business and Industry;
Section 2 sets forth procedures and - *SB381_R2* – 2 – list.
Section 2 sets forth procedures and limitations governing the removal of a physician or chiropractor from an insurer’s employee may continue to receive treatment from a physician or chiropractor whoinjured has been removed from a list.
Finally, section 2 provides that, except under certain circumstances, an injured employee may continue to receive treatment from a physician or chiropractor who has been removed from a list.
Existing law also provides that an injured employee may written authorization.
Existing law also provides that an injured employee may receive treatment by more than one physician or chiropractor if the insurer provides written authorization.
(NRS 616C.090) Section 8 of this bill revises theser provides provisions to:
(NRS 616C.090) Section 8 of this bill revises these provisions to:
(2) require the inclusion of physicians and chiropractors on the panel maintained by the Administrator;
(2) require Administrator;
and (3) provide that an injured employee may change a physician or chiropractor or receive treatment by more than one physician or chiropractor if the officer.provides written authorization or by order of a hearing officer or appeals Existing law sets forth procedures under which an insurer selects a physician or chiropractor to determine an injured employee’s percentage of disability.
and (3) provide that an injured employee may change a physician or chiropractor or receive treatment by more than one physician or chiropractor if the insurer provides written authorization or by order of a hearing officer or appeals officer.
(NRS 616C.490) Section 26 of this bill additionally authorizes an injured employee or his or her legal representative to request that the Administrator select a rating physician or chiropractor.
Existing law sets forth procedures under which an insurer selects a physician or chiropractor to determine an injured employee’s percentage of disability.
(NRS 616C.490) Section 26 of this bill additionally authorizes an injured employee or his - 80th Session (2019) – 2 – or her legal representative to request that the Administrator select a rating physician or chiropractor.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
A self-insured employer, an association of self-insured public or private employers or a private carrier may:
A self-insured employer, an association of self- insured public or private employers or a private carrier may:
(b) Enter into a contract or contracts with providers of health care, including, without limitation, physicians who provide primary care, specialists, pharmacies, physical therapists, radiologists, nurses, diagnostic facilities, laboratories, hospitals and facilities that provide treatment to outpatients, to provide medical and health care services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.
(b) Enter into a contract or contracts with providers of health care, including, without limitation, physicians who provide primary care, specialists, pharmacies, physical therapists, radiologists, provide treatment to outpatients, to provide medical and health cares that services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.
(d) Except as otherwise provided in subsection [3] 4 of NRS 616C.090, require employees to obtain the approval of the self- - *SB381_R2* – 3 – insured employer, association or private carrier before obtaining medical and health care services for their industrial injuries from a provider of health care who has not been previously approved by the self-insured employer, association or private carrier.
(d) Except as otherwise provided in subsection [3] 4 of NRS 616C.090, require employees to obtain the approval of the self- insured employer, association or private carrier before obtaining medical and health care services for their industrial injuries from a provider of health care who has not been previously approved by the self-insured employer, association or private carrier.
(a) The choice of a treating physician or chiropractor is a substantive right and substantive benefit of an injured employee who has a claim under the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act.
- 80th Session (2019) – 3 – (a) The choice of a treating physician or chiropractor is a substantive right and substantive benefit of an injured employee who has a claim under the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act.
Except as otherwise provided in this subsection and subsections 3 and 4, an insurer’s list of physicians and chiropractors from which an injured employee may choose pursuant to NRS 616C.090 must include not less than 12 physicians or chiroproactors, as applicable, in each of the the panel of physicians and chiropractors maintained by theon, from Administrator pursuant to NRS 616C.090:
Except as otherwise provided in this subsection and subsections 3 and 4, an insurer’s list of physicians and pursuant to NRS 616C.090 must include not less than 12e physicians or chiroproactors, as applicable, in each of the following disciplines and specializations, without limitation, from the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090:
(a) Orthopedic surgery on spines;
(o) Pain management;
- *SB381_R2* – 4 – If the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 12 physicians or chiropractors, as applicable, for a discipline or specialization specifically identified in this subsection, all of the physicians or chiropractors, as applicable, on the panel for that discipline or specialization must be included on the insurer’s list.
If the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 12 physicians or chiropractors, as applicable, for a discipline or specialization specifically identified in this subsection, all of the physicians or chiropractors, as applicable, on the panel for that discipline or specialization must be included on the insurer’s list.
For any other discipline or specialization not specifically identified in subsection 2, the insurer’s list must include not fewer than 8 physicians or chiropractors, as applicable, unless the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 8 physicians or chiropractors, as applicable, for that discipline or specialization, in which case all of the physicians or chiropractors, as applicable, on the panel for that discipline or specialization must be included on the insurer’s list.
For any other discipline or specialization not specifically identified in subsection 2, the insurer’s list must include not fewer than 8 physicians or chiropractors, as applicable, unless the panel - 80th Session (2019) – 4 – of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 8 physicians or chiropractors, as applicable, for that discipline or specialization, in which case all of the physicians or chiropractors, as applicable, on the panel for that discipline or specialization must be included on the insurer’s list.
For each county whose population is 100,000 or more, an insurer’s list of physicians and chiropractors must include for that county a number of physicians and chiropractors, as applicable, that is not less than the number required pursuant to subsections 2 and 3 and that also maintain in that county:
For each county whose population is 100,000 or more, an insurer’s list of physicians and chiropractors must include for that county a number of physicians and chiropractors, as applicable, and 3 and that also maintain in that county:rsuant to subsections 2 (a) An active practice;
(a) An active practice;
If an insurer fails to maintain a list of physicians and 2, 3 and 4, an injured employee may choose a physician orections chiropractor from the panel of physicians and chiropractors mai6.ainEach insurer shall, not later than October 1 of each year, update the list of physicians and chiropractors and file the list with the Administrator.
If an insurer fails to maintain a list of physicians and chiropractors that complies with the requirements of subsections 2, 3 and 4, an injured employee may choose a physician or chiropractor from the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090.
6.
Each insurer shall, not later than October 1 of each year, update the list of physicians and chiropractors and file the list with the Administrator.
or (b) Post a copy of each insurer’s list of physicians and chiropractors on an Internet website maintained by the Administrator and accessible to the public for viewing, printing or downloading.
or chiropractors on an Internet website maintained by thes and Administrator and accessible to the public for viewing, printing or downloading.
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The insurer must comply with the - *SB381_R2* – 5 – request and omit the physician or chiropractor from the next list which the insurer files with the Administrator.
The insurer must comply with the request and omit the physician or chiropractor from the next list which the insurer files with the Administrator.
(b) The license of the physician or chiropractor has been revoked or suspended.
- 80th Session (2019) – 5 – (b) The license of the physician or chiropractor has been revoked or suspended.
(d) The physician or chiropractor has been removed from the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090 by the Administrator upon a finding that the physician or chiropractor has failed to comply with the standards for treatment of industrial injuries or occupational diseases as established by the Administrator.
(d) The physician or chiropractor has been removed from the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090 by the Administrator comply with the standards for treatment of industrial injuries or occupational diseases as established by the Administrator.
administrators.oyer of the injured employee changes insurers or (b) The physician or chiropractor is no longer included in the that the physician or chiropractor agrees to continue to acceptided compensation for that treatment at the rates which:
(a) The employer of the injured employee changes insurers or administrators.
(b) The physician or chiropractor is no longer included in the applicable insurer’s list of physicians and chiropractors, provided that the physician or chiropractor agrees to continue to accept compensation for that treatment at the rates which:
Sec.
Secs.
3.
3 and 4.
4.
(Deleted by amendment.) Sec.
(a) Upon written request, one copy of any medical information concerning the claimant’s injury or illness.
concerning the claimant’s injury or illness.
(b) A statement which contains information concerning the claimant’s right to:
medical information (b) A statement which contains information concerning the claimant’s right to:
- *SB381_R2* – 6 – (2) Select a treating physician or chiropractor and an alternative treating physician or chiropractor in accordance with the provisions of NRS 616C.090;
(2) Select a treating physician or chiropractor and an alternative treating physician or chiropractor in accordance with the provisions of NRS 616C.090;
(II) Temporary total disability;
- 80th Session (2019) – 6 – (II) Temporary total disability;
(6) Receive services for rehabilitation if the claimant’s injury prevents him or her from returning to gainful employment;
(6) Receive services for rehabilitation if the claimant’s injury preven(7) Review by a hearing officer of any determination or rejection of a claim by the insurer within the time specified by statute;
(7) Review by a hearing officer of any determination or rejection of a claim by the insurer within the time specified by statute;
designed by the Administrator pursuant to subsection [8] 9 of NRS 616C.090 that notifies injured employees of their right to select an shall adopt regulations for the manner of compliance by an insurer with the other provisions of subsection 1.
2.
The insurer’s statement must include a copy of the form designed by the Administrator pursuant to subsection [8] 9 of NRS 616C.090 that notifies injured employees of their right to select an alternative treating physician or chiropractor.
The Administrator shall adopt regulations for the manner of compliance by an insurer with the other provisions of subsection 1.
[If] Except as otherwise provided in section 2 of this act, if a physician or chiropractor is removed from the panel established pursuant to NRS 616C.090 or from participation in a plan for managed care established pursuant to NRS 616B.527, the physician or chiropractor, as applicable, must not be paid for any services rendered to the injured employee after the date of the removal.
[If] Except as otherwise provided in section 2 of this act, if a physician or chiropractor is removed from the panel established pursuant to NRS 616C.090 or from participation in a plan for managed care established pursuant to NRS 616B.527, the physician rendered to the injured employee after the date of the removal.es Sec.
Sec.
The Administrator shall establish , maintain and update not less frequently than annually on or before July 1 of each year, a panel of physicians and chiropractors who have demonstrated special competence and interest in industrial health to - *SB381_R2* – 7 – treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS.
The Administrator shall establish , maintain and update not less frequently than annually on or before July 1 of each year, a panel of physicians and chiropractors who have demonstrated special competence and interest in industrial health to treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS.
(c) The legal name of the practice of the physician or chiropractor and the name under which the practice does business.
- 80th Session (2019) – 7 – (c) The legal name of the practice of the physician or chiropractor and the name under which the practice does business.
(g) Every condition and part of the body which the physician or chiropractor will treat.
or chiropractor will treat.part of the body which the physician 2.
2.
An injured employee whose employer’s insurer has not with providers of health care [services] pursuant to NRS 616B.527 may choose a treating physician or chiropractor from the panel of with the first physician or chiropractor he or she so chooses, thefied injured employee may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his or her injury.
An injured employee whose employer’s insurer has not entered into a contract with an organization for managed care or with providers of health care [services] pursuant to NRS 616B.527 may choose a treating physician or chiropractor from the panel of physicians and chiropractors.
If the injured employee is not satisfied with the first physician or chiropractor he or she so chooses, the injured employee may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his or her injury.
The first physician or chiropractor must be reimbursed only for the services the physician or chiropractor, as applicable, rendered to the injured employee up to and including the date of notification.
The first physician or chiropractor must be reimbursed only for the services the physician or chiropractor, as applicable, rendered to the Except as otherwise provided in this subsection, any further change is subject to the approval of the insurer [, which] or by order of a hearing officer or appeals officer.
Except as otherwise provided in this subsection, any further change is subject to the approval of the insurer [, which] or by order of a hearing officer or appeals officer.
If - *SB381_R2* – 8 – the treating physician or chiropractor refers the injured employee to a specialist for treatment, the [treating physician or chiropractor] insurer shall provide to the injured employee a list that includes the name of each physician or chiropractor with that specialization who is on the panel.
If the treating physician or chiropractor refers the injured employee to a specialist for treatment, the [treating physician or chiropractor] insurer shall provide to the injured employee a list that includes the name of each physician or chiropractor with that specialization who - 80th Session (2019) – 8 – is on the panel.
If the injured employee is not satisfied with the first physician or chiropractor he or she so chooses, the injured employee may make an alternative choice of physician or chiropractor pursuant to the terms of the contract without the approval of the insurer if the choice is made within 90 days after his or her injury.
If the injured employee is not satisfied with the first physician or chiropractor he or she so chooses, the injured chiropractor pursuant to the terms of the contract without the approval of the insurer if the choice is made within 90 days after his or her injury.
If the injured to a county which is not served by the organization for managedmoves care or providers of health care [services] named in the contract and to continue treatment with the physician or chiropractor, the injurede employee must choose a treating physician or chiropractor who has agreed to the terms of that contract unless the insurer authorizes the injured employee to choose another physician or chiropractor.
If the injured employee, after choosing a treating physician or chiropractor, moves to a county which is not served by the organization for managed care or providers of health care [services] named in the contract and the insurer determines that it is impractical for the injured employee to continue treatment with the physician or chiropractor, the injured employee must choose a treating physician or chiropractor who has agreed to the terms of that contract unless the insurer authorizes the injured employee to choose another physician or chiropractor.
If the treating physician or chiropractor refers the injured employee to a specialist for treatment, the [treating physician or chiropractor] insurer shall provide to the injured employee a list that includes the name of each physician or chiropractor with that specialization who is available pursuant to the terms of the contract with the organization for managed care or with providers of health care [services] pursuant to NRS 616B.527, as appropriate.
If the treating physician or chiropractor refers the injured employee to a specialist for treatment, the [treating physician or chiropractor] name of each physician or chiropractor with that specialization whothe is available pursuant to the terms of the contract with the organization for managed care or with providers of health care [services] pursuant to NRS 616B.527, as appropriate.
If a physician or chiropractor with that specialization is not available pursuant to the terms of the contract, the organization for managed care or the provider of health care - *SB381_R2* – 9 – [services] may select a physician or chiropractor with that specialization.
If a physician or chiropractor with that specialization is not available pursuant to the terms of the contract, the organization for managed care or the provider of health care [services] may select a physician or chiropractor with that specialization.
[4.] 5.
- 80th Session (2019) – 9 – [4.] 5.
A request for a change of physician or chiropractor must be granted or denied within 10 days after a written request for such a change is received from the injured employee.
A request for a change of physician or written request for such a change is received from the injured employee.
Except when emergency medical care is required and except as otherwise provided in NRS 616C.055, the insurer is not benefits furnished or ordered by any physician, chiropractor or other person selected by the injured employee in disregard of the aggravation of the injured employee’s injury attributable to improper treatments by such physician, chiropractor or other person.
Except when emergency medical care is required and except as otherwise provided in NRS 616C.055, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractor or other person selected by the injured employee in disregard of the provisions of this section or for any compensation for any aggravation of the injured employee’s injury attributable to improper treatments by such physician, chiropractor or other person.
The Administrator may order necessary changes in a panel of physicians and chiropractors and shall suspend or remove any physician or chiropractor from a panel for good cause shown [.
The Administrator may order necessary changes in a panel of physicians and chiropractors and shall suspend or remove any7.] in accordance with section 2 of this act.ood cause shown [.
7.] in accordance with section 2 of this act.
The Administrator shall design a form that notifies injured employees of their right pursuant to subsections [2,] 3 , [and] 4 and 5 to select an alternative treating physician or chiropractor and make the form available to insurers for distribution pursuant to subsection 2 of NRS 616C.050.
The Administrator shall design a form that notifies injured employees of their right pursuant to subsections [2,] 3 , [and] 4 and to select an alternative treating physician or chiropractor and make the form available to insurers for distribution pursuant to subsection of NRS 616C.050.
- *SB381_R2* – 10 – Sec.
- 80th Session (2019) – 10 – Secs.
9.
9-15.
10.
(Deleted by amendment.) Sec.
11.
(Deleted by amendment.) Sec.
12.
(Deleted by amendment.) Sec.
13.
(Deleted by amendment.) Sec.
14.
(Deleted by amendment.) Sec.
15.
(Deleted by amendment.) Sec.
2.
charges being billed and paid in the State, establish a schedule of reasonable fees and charges allowable for accident benefits provided to injured employees whose insurers have not contracted with an organization for managed care or with providers of health care [services] pursuant to NRS 616B.527.
The Administrator shall, giving consideration to the fees and charges being billed and paid in the State, establish a schedule of reasonable fees and charges allowable for accident benefits provided to injured employees whose insurers have not contracted with an organization for managed care or with providers of health care [services] pursuant to NRS 616B.527.
In the revision, the Administrator shall adjust the schedule by the Care Component.nnual change in the Consumer Price Index, Medical 3.
In the revision, the Administrator shall adjust the schedule by the corresponding annual change in the Consumer Price Index, Medical Care Component.
The Administrator shall designate a vendor who compiles and paid for treatment or services similar to the treatment andilled services that qualify as accident benefits in this State to provide the Administrator with such information as the Administrator deems necessary to carry out the provisions of subsection 2.
3.
The Administrator shall designate a vendor who compiles data on a national basis concerning fees and charges that are billed and paid for treatment or services similar to the treatment and services that qualify as accident benefits in this State to provide the Administrator with such information as the Administrator deems necessary to carry out the provisions of subsection 2.
In addition, the Administrator may request a health insurer, health maintenance organization or provider of accident benefits, an agent or employee of such a person, or an agency of the State to provide the Administrator with information concerning fees and charges that are billed and paid in this State for similar services as the Administrator deems necessary to carry out the provisions of subsection 2.
In addition, the Administrator may request a health insurer, health maintenance organization or provider of accident benefits, an agent or employee Administrator with information concerning fees and charges that are billed and paid in this State for similar services as the Administrator deems necessary to carry out the provisions of subsection 2.
The Administrator may impose an administrative fine of - *SB381_R2* – 11 – $500 on a health insurer, health maintenance organization or provider of accident benefits, or an agent or employee of such a person for each refusal to provide the information requested pursuant to this subsection.
The Administrator may impose an administrative fine of $500 on a health insurer, health maintenance organization or provider of accident benefits, or an agent or employee of such a person for each refusal to provide the information requested pursuant to this subsection.
4.
- 80th Session (2019) – 11 – 4.
The Division shall adopt regulations requiring the use of a system of billing codes as recommended by the American Medical Association.
The Division shall adopt regulations requiring the use of a system of billing codes as recommended by the American Medical AssSecs.
Sec.
17-24.
17.
18.
(Deleted by amendment.) Sec.
19.
(Deleted by amendment.) Sec.
20.
(Deleted by amendment.) Sec.
21.
(Deleted by amendment.) Sec.
22.
(Deleted by amendment.) Sec.
23.
(Deleted by amendment.) Sec.
24.
(Deleted by amendment.) Sec.
NRS 616C.175 and 616C.390, every employee in the employ of ann, employer, within the provisions of chapters 616A to 616D, the course of employment, or his or her dependents, is entitled ton receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.
616C.475 1.
Except as otherwise provided in this section, NRS 616C.175 and 616C.390, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, or his or her dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.
If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability and regularly thereafter.
If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by certification of disability and regularly thereafter.he initial 4.
4.
- *SB381_R2* – 12 – (a) A physician or chiropractor determines that the employee is physically capable of any gainful employment for which the employee is suited, after giving consideration to the employee’s education, training and experience;
(a) A physician or chiropractor determines that the employee is physically capable of any gainful employment for which the employee is suited, after giving consideration to the employee’s education, training and experience;
or (c) Except as otherwise provided in NRS 616B.028 and 616B.029, the employee is incarcerated.
or - 80th Session (2019) – 12 – (c) Except as otherwise provided in NRS 616B.028 and 616B.029, the employee is incarcerated.
(a) Include the period of disability and a description of any physical limitations or restrictions imposed upon the work of the employee;
(a) Include the period of disability and a description of any employee;limitations or restrictions imposed upon the work of the (b) Specify whether the limitations or restrictions are permanent or temporary;
(b) Specify whether the limitations or restrictions are permanent or temporary;
and (c) Be signed by the treating physician or chiropractor authorized pursuant to NRS 616B.527 or appropriately chosen pursuant to subsection [3 or] 4 or 5 of NRS 616C.090.
and (c) Be signed by the treating physician or chiropractor authorized pursuant to NRS 616B.527 or appropriately chosen pur8.anIf the certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the temporary, light-duty employment to the employee.
8.
If the certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of the employee’s accident may offer temporary, light-duty employment to the employee.
Any offer of temporary, light-duty employment made by the employer must specify a position that:
Any offer of temporary, light-duty employment made by the(a) Is substantially similar to the employee’s position at the time of his or her injury in relation to the location of the employment and the hours the employee is required to work;
(a) Is substantially similar to the employee’s position at the time of his or her injury in relation to the location of the employment and the hours the employee is required to work;
or - *SB381_R2* – 13 – (2) If the position is not in the same classification of employment, substantially similar to the gross wage the employee was earning at the time of his or her injury;
or (2) If the position is not in the same classification of employment, substantially similar to the gross wage the employee was earning at the time of his or her injury;
Sec.
- 80th Session (2019) – 13 – Sec.
(a) Within 30 days after receiving from a physician or chiropractor a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with the rating physician or chiropractor selected pursuant to this subsection to determine the extent of the employee’s disability.
chiropractor a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with the rating physician or chiropractor selected pursuant to this subsection to determine the extent of the employee’s disability.
[(a)] (1) The insurer shall select the rating physician or chiropractors designated by the Administrator, to determinend the percentage of disability in accordance with the American Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110.
[(a)] (1) The insurer shall select the rating physician or chiropractor from the list of qualified rating physicians and chiropractors designated by the Administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110.
[(b)] (2) Rating physicians and chiropractors must be selected in rotation from the list of qualified physicians and chiropractors designated by the Administrator, according to their area of specialization and the order in which their names appear on the list unless the next physician or chiropractor is currently an employee of the insurer making the selection, in which case the insurer must select the physician or chiropractor who is next on the list and who is not currently an employee of the insurer.
[(b)] (2) Rating physicians and chiropractors must be selected in rotation from the list of qualified physicians and chiropractors designated by the Administrator, according to their area of specialization and the order in which their names appear on the list unless the next physician or chiropractor is currently an employee of select the physician or chiropractor who is next on the list and who is not currently an employee of the insurer.
The Administrator, upon receipt of the request, shall immediately select for the injured employee the rating physician or - *SB381_R2* – 14 – chiropractor who is next in rotation on the list, according to the area of specialization.
The Administrator, upon receipt of the request, shall immediately select for the injured employee the rating physician or chiropractor who is next in rotation on the list, according to the area of specialization.
If an insurer contacts [the] a treating physician or chiropractor to determine whether an injured employee has suffered a permanent disability, the insurer shall deliver to the treating physician or chiropractor that portion or a summary of that portion of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that is relevant to the type of injury incurred by the employee.
If an insurer contacts [the] a treating physician or chiropractor to determine whether an injured employee has suffered - 80th Session (2019) – 14 – a permanent disability, the insurer shall deliver to the treating physician or chiropractor that portion or a summary of that portion of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that is relevant to the type of injury incurred by the employee.
(a) Any previous evaluations performed to determine the extent of any of the employee’s disabilities;
of any of the employee’s disabilities;
and (b) Any previous injury, disease or condition sustained by the employee which is relevant to the evaluation performed pursuant to this section.
andto determine the extent (b) Any previous injury, disease or condition sustained by the employee which is relevant to the evaluation performed pursuant to this section.
Unless the regulations adopted pursuant to NRS 616C.110 provide otherwise, a rating evaluation must include an employee if the injury is of a type that might have caused such ajured loss.
Unless the regulations adopted pursuant to NRS 616C.110 provide otherwise, a rating evaluation must include an evaluation of the loss of motion, sensation and strength of an injured employee if the injury is of a type that might have caused such a loss.
Except in the case of claims accepted pursuant to NRS of the whole person may be considered in calculating thempairment entitlement to compensation for a permanent partial disability.
Except in the case of claims accepted pursuant to NRS 616C.180, no factors other than the degree of physical impairment of the whole person may be considered in calculating the entitlement to compensation for a permanent partial disability.
(a) Of the compensation to which the employee is entitled pursuant to this section;
pursuant to this section;
or (b) That the employee is not entitled to benefits for permanent partial disability.
oro which the employee is entitled (b) That the employee is not entitled to benefits for permanent partial disability.
- *SB381_R2* – 15 – (c) Of 0.54 percent of the claimant’s average monthly wage for injuries sustained on or after June 18, 1993, and before January 1, 2000;
(c) Of 0.54 percent of the claimant’s average monthly wage for injuries sustained on or after June 18, 1993, and before January 1, 2000;
and (d) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after January 1, 2000.
and - 80th Session (2019) – 15 – (d) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after January 1, 2000.
Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.
Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for years or until the claimant is 70 years of age, whichever is later.
Except as otherwise provided in subsection [10,] 11, if there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
Except as otherwise provided in subsection [10,] 11, if foot, or any other previous permanent disability, the percentage ofne disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
If a rating evaluation was completed for a previous disability involving a condition, organ or anatomical structure that is identical to the condition, organ or anatomical structure being evaluated for the present disability, the percentage of disability for a subsequent injury must be determined by deducting the percentage disability, regardless of the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as determine the percentage of the previous disability.
If a rating evaluation was completed for a previous disability involving a condition, organ or anatomical structure that is identical to the condition, organ or anatomical structure being evaluated for the present disability, the percentage of disability for a subsequent injury must be determined by deducting the percentage of the previous disability from the percentage of the present disability, regardless of the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 used to determine the percentage of the previous disability.
The compensation awarded for a permanent disability on a subsequent injury must be reduced only by the awarded or agreed upon percentage of disability actually received by the injured employee for the previous injury regardless of the percentage of the previous disability.
The compensation awarded for a permanent disability on a subsequent injury must be reduced only by the awarded or agreed upon percentage of disability actually received by the injured employee for the previous injury regardless of the percentage of the previous dis[11.] 12.
[11.] 12.
- *SB381_R2* – 16 – Sec.
- 80th Session (2019) – 16 – Sec.
A claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that does not exceed 30 percent may elect to receive his or her compensation in a lump sum.
A claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that does not exceed 30 percent may elect to rec(b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616C.505, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.
(b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616C.505, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.
(d) Any claimant injured on or after July 1, 1995, and before Januar(1) Does not exceed 25 percent may elect to receive his or her compensation in a lump sum.
(d) Any claimant injured on or after July 1, 1995, and before January 1, 2016, who incurs a disability that:
(2)(I) Elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 25 percent.
(1) Does not exceed 25 percent may elect to receive his or her compensation in a lump sum.
If the claimant elects to receive compensation pursuant to this sub- subparagraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 25 percent.
(2) Exceeds 25 percent may:
(I) Elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 25 percent.
subparagraph, the insurer shall pay in installments to the claimant- that portion of the claimant’s disability in excess of 25 percent.
(1) Does not exceed 30 percent may elect to receive his or her compensation in a lump sum.
- 80th Session (2019) – 17 – (1) Does not exceed 30 percent may elect to receive his or her compensation in a lump sum.
- *SB381_R2* – 17 – (2) Exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 30 percent.
(2) Exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 30 percent.
(f) Any claimant injured on or after July 1, 2017, who incurs a disability that exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of up to 30 percent.
(f) Any claimant injured on or after July 1, 2017, who incurs a compensation in a lump sum equal to the present value of an awardr for a disability of up to 30 percent.
If the claimant elects to receive his or her payment for a all of the claimant’s benefits for compensation terminate.
If the claimant elects to receive his or her payment for a permanent partial disability in a lump sum pursuant to subsection 1, all of the claimant’s benefits for compensation terminate.
Theion 1, claimant’s acceptance of that payment constitutes a final settlement claimant waives all of his or her rights regarding the claim,the including the right to appeal from the closure of the case or the percentage of his or her disability, except:
The claimant’s acceptance of that payment constitutes a final settlement of all factual and legal issues in the case.
By so accepting the including the right to appeal from the closure of the case or the percentage of his or her disability, except:
The claimant, when he or she demands payment in a lump sum, must be provided with a written notice which prominently displays a statement describing the effects of accepting payment in a lump sum of an entire permanent partial disability award, any portion of such an award or any uncontested portion of such an award, and that the claimant has 20 days after the mailing or personal delivery of the - *SB381_R2* – 18 – notice within which to retract or reaffirm the demand, before payment may be made and the claimant’s election becomes final.
The claimant, when he or she demands payment in a lump sum, must be provided with a written notice which prominently displays a - 80th Session (2019) – 18 – statement describing the effects of accepting payment in a lump sum of an entire permanent partial disability award, any portion of such an award or any uncontested portion of such an award, and that the claimant has 20 days after the mailing or personal delivery of the notice within which to retract or reaffirm the demand, before payment may be made and the claimant’s election becomes final.
The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid.
The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum payments in the amounts prescribed in subsection [7] 8 of NRSonthly 616C.490 and actuarial annuity tables adopted by the Division.
The present value must be calculated using monthly payments in the amounts prescribed in subsection [7] 8 of NRS 616C.490 and actuarial annuity tables adopted by the Division.
and(b) The average 30-Year Treasury Constant Maturity Rate for March of the current year as reported by the Board of Governors of the6.edIf a claimant would receive more money by electing to receive compensation in a lump sum than the claimant would if he or she receives installment payments, the claimant may elect to receive the lump-sum payment.
and (b) The average 30-Year Treasury Constant Maturity Rate for March of the current year as reported by the Board of Governors of the Federal Reserve System.
Sec.
6.
28.
If a claimant would receive more money by electing to receive compensation in a lump sum than the claimant would if he or she receives installment payments, the claimant may elect to receive the lump-sum payment.
Secs.
28-35.
29.
(Deleted by amendment.) Sec.
30.
(Deleted by amendment.) Sec.
31.
(Deleted by amendment.) Sec.
32.
(Deleted by amendment.) Sec.
33.
(Deleted by amendment.) Sec.
34.
(Deleted by amendment.) Sec.
35.
(Deleted by amendment.) Sec.
- *SB381_R2* – 19 – Sec.
Sec.
H - *SB381_R2*
~~~~~ 19 - 80th Session (2019)
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Amendments

2 amendments

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Action History

  1. Chapter 550.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. From committee: Do pass. Declared an emergency measure under the Constitution. Read third time. Passed. Title approved. (Yeas: 41, Nays: None, Vacant: 1.) To Senate. In Senate. To enrollment.

  5. In Assembly. Read first time. Referred to Committee on Commerce and Labor. To committee.

  6. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 1055.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To printer. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly.

  7. From printer. To engrossment. Engrossed. First reprint. To committee. Exemption effective.

  8. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 487.) Re-referred to Committee on Finance. To printer.

  9. Notice of eligibility for exemption.

  10. From printer. To committee.

  11. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

labor health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 381 do?
AN ACT relating to industrial insurance; establishing the substantive right of an injured employee to choose a treating physician or chiropractor under the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act; revising provisions governing the panel of treating physicians and chiropractors established by the Administrator of the Division of Industrial Relations of the Department of Business and Industry to require the inclusion of certain physicians and chiropractors; authorizing the Administrator to select a rating physician or chiropractor for an injured employee upon request; and providing other matters properly relating thereto.
Who sponsors SB 381?
SB 381 is sponsored by Cannizzaro, Nicole J. (Democratic).
What is the current status of SB 381?
This bill has been enacted into law. Introduced March 20, 2019. Enacted.
Where can I track SB 381?
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