SB 317 — Revises provisions relating to industrial insurance. (BDR 53-625)

(2) requires ananm insurerinsurer, under certain circumstances, to replace any physician or chiropractic physician who is removed from the list within 60 days;

Existing law sets forth the manner by which such an injury must be proven to have arisen out of and in the course of the employment.

Section 20 of this bill requires the Chief of the Hearings Division of the DepartmentInternet website of Administration to maintain and make accessible to the publicDivision, on the officers and appeals officers.on, a calendar of all matters which are before hearing Sectionsofficers 23 and 25appeals ofofficers. this bill revise provisions governing the circumstances under which:

Sections 23 and 25 of this bill revise provisions governing the circumstances under which:

If a claim for a period of temporary total disability is allowed, existing law requires an industrial insurer to make the first payment within 14 working days 616C.475)after Sectionreceipt 27 of thisthe billinitial requires,certification forof adisability, periodand ofregularly temporarythereafter. partialafter.

(NRS - 83rd Session (2025) – 4 – 616C.475) Section 27 of this bill requires, for a period of temporary partial disability, the first payment or a determination regarding payment to be issued within 14 working days after the insurer receives the claim.

Existing law authorizes hearing officers and appeals officers, under certain circumstances, to allow discovery by deposition or interrogatories according to the Nevada Rules of Civil Procedure.

(NRS 616D.050, 616D.090) Sections 28 and 29 to the of this bill prohibit a hearing officer from allowing such discovery, and revise provisions governing the circumstances under which an appeals officer may allow discovery.

Section 30 of this bill revises provisions relating to administrative fines whiExistingwhich lawthe setsAdministrator forthmay certainimpose procedures for appealingcertain aviolations. final determination concerning accident benefits made by an organization for managed care.

(NRSExisting law sets forth certain procedures for appealing a final determination 616C.305) Existing law requires, for a determination of the percentage of disability resulting from occupational disease of the heart or lungs, that the determination be made jointly by the attending physician and examining physician of a claimant, or, - *SB317_R1* – 4 – under certain circumstances, a designated third physician or panel of physicians.

(NRS 616C.459)617.459) Section 34 of this bill repeals those procedures and requirements, toand removesections references15, to16, those18, procedures19, 21-23, 26 and requirements31 fromof existingthis law.hangesbill make conforming changes Existing law requires the Administrator, at least every 5 years, to audit all insurers who provide benefits to injured employees, including associations of self-insured employers.

(NRS 616A.270, 616B.003) ExistingEXPLANATION law– alsoMatter requiresin thebolded Commissioner,italics atis leastnew; annually, to audit each association of self-insured employers that the Commissioner examine each association annually.

repealsmatter thebetween requirementbrackets THE[omitted PEOPLEmaterial] OFis THEmaterial STATEto OFbe NEVADA,omitted. REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

SectionTHE 1.PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sections 1-4.

2.

(Deleted by amendment.) Sec.

3.

(Deleted by amendment.) Sec.

4.

(Deleted by amendment.) Sec.

(a) At an office operated by the insurer or, [or] its third-party administrator or a legal representative of the insurer or third-party administrator located in this State [;] , upon notice from the Administrator not less than 31 business daysday before the date of the inspection;

The physical records in a file concerning a claim filed in this State may be kept at a location outside this State if all records in the file are made available for inspection and reproduction at an office operated by the insurer or, [or] its third-party administrator or a legal representative of the insurer or third-party administrator that is located in this State or by computer in a microphotographic, electronic or other similar format that produces an accurate reproduction of the original.

If a claim filed in this State is open, the records in the file must be reproduced and available for inspection during- regular83rd businessSession hours(2025) within– 245 hours– after requested by the employee or the employee’s designated agent, the employer orord by the the employer’s designated agent, or the Administrator or the Administrator’s designated agent.

Copies or other reproductions of materials in the file which are requested by the Administrator or the Administrator’s - *SB317_R1* – 5 – designated agent, or the Nevada Attorney for Injured Workers or his or her designated agent must be provided free of charge.

and (b) Preservation, examination and use of records which have been stored on computer or in a microphotographic, electronic or similar format by an insurer.

a microphotographic, electronic or 5.

4.15.

NRS 616B.027 is hereby amended to read as follows:

616B.027 1.

Every insurer shall:

(a) Provide an office in this State operated by the insurer , [or] its third-party administrator or a legal representative of the insurer or third-party administrator in which:

(1) A complete file, or a reproduction of the complete file, of each claim is accessible, in accordance with the provisions of NRS 616B.021;

(2) Persons authorized to act for the insurer and, if necessary, licensed pursuant to chapter 683A of NRS, may receive information or her] the employees of the employer required by chapters 616A tos 617, inclusive, of NRS;

and (3) An employee , a representative of an employee or his or her employer, upon request, is provided with information related to a claim filed by the employee or a copy or other reproduction of the information from the file for that claim, in accordance with the provisions of NRS 616B.021.

Any information which is provided pursuant to this subparagraph may be provided as an electronic - 83rd Session (2025) – 6 – copy or in an electronic format that produces an accurate reproduction of the original.

(b) Provide statewide toll-free telephone service to the office maintained pursuant to paragraph (a).

(a) Adequate services to its insured employers in controlling losses;

and (b) Adequate information on the prevention of industrial accidents and occupational diseases.

3.

[An] Except as otherwise provided in subsection 4, an employee of a private carrier who is licensed as a company adjuster pursuant to chapter 684A of NRS or a person who acts as a third- party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for a private carrier who administers a claim arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS from a location outside of this State pursuant to subsection 1 of NRS 616B.0275 shall [make himself or herself] be available to communicate live and in real time with the claimant or a representative of the claimant Monday through Friday, 9 a.m.

to 5 p.m.

local time in this State, excluding any day declared to be a legal holiday pursuant to NRS 236.015.

4.

The provisions of subsection 3 do not apply to an employee of a private carrier described in subsection 3 or a person who acts as a third-party administrator for a private carrier described in subsection 3 if the private carrier or third-party administrator, as applicable, operates an office in this State.

Sec.

4.17.

NRS 616B.0275 is hereby amended to read as fol616B.0275 1.

An employee of a private carrier who is licensed as a company adjuster pursuant to chapter 684A of NRS or a person who acts as a third-party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for a private carrier may administer claims arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS from a location in or outside of this State.

All records concerning a claim administered pursuant to this subsection must be maintained at one or more offices located in this State or by computer in a microphotographic, electronic or other similar format that produces an accurate reproduction of the original.

2.

[An] Except as otherwise provided in subsection 3, an employee of a private carrier who is not licensed as a company adjuster pursuant to chapter 684A of NRS or a person who acts as a third-party administrator pursuant to chapters 616A to 616D, - 83rd Session (2025) – 7 – inclusive, or chapter 617 of NRS for a self-insured employer or an association of self-insured public or private employers may administer claims arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS only from one or more offices located in this subsection must be maintained in those offices.]red pursuant to this 3.

A self-insured private employer or its parent, a subsidiary of its parent or an affiliate of the self-insured private employer may administer claims arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS from a location in or outside of this State if the total aggregate number of employees of the self- insured private employer, its parent, any subsidiary of its parent and any affiliate of the employer employed in this State is 30,000 or more, as reported to the Department of Employment, Training and Rehabilitation for the most recent calendar quarter.

4.

The Commissioner may:

(a) Under exceptional circumstances, waive the requirements of subsections 1 , 2 and [2;] 3;

and (b) Adopt regulations to carry out the provisions of this section.

5.

As used in this section, “affiliate” has the meaning ascribed to it in NRS 78.412.

Sec.

To determine the total amount paid to employees for services performed, the maximum amount paid to any one employee during a policy year shall be deemed to be [$36,000.]: an amount equal to 12 times the maximum average monthly wage.

(a) Except as otherwise provided in subsection 2, for an employee who is employed by the State of Nevada or any agency or pol(b) For an employee other than an employee described in paragraph (a), an amount equal to 12 times the maximum average monthly wage.

The State of Nevada or any agency or political subdivision of the State may elect to be subject to the provisions of paragraph (b) of subsection 1 in accordance with any procedures that may be established by the Administrator for the making of such an election.

3.

- 83rd Session (2025) – 8 – Sec.

(a) Execute an indemnity agreement jointly and severally binding the association and each member of the association to secure the payment of all compensation due pursuant to chapters 616A to 617, inclusive, of NRS.

- *SB317_R1* – 6 – (3) If the association is an association of self-insured private employers, the classifications of employment of the members of the association;

 Nothing in this paragraph prohibits an association from purchasing secondary excess insurance in addition to the excess insurance required by this paragraph.

(e)- In83rd lieuSession of(2025) a– bond,9 deposit– with the Commissioner a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065.

or (b) After 3 years of successful operation as a qualified association of self-insured private employers, as determined by the Commissioner, have combined net cash flows from operating activities plus net cash flows from financing activities of all - *SB317_R1* – 7 – members in the association of five times the average of claims paid for each of the last 3 years or $7,500,000, whichever is less.

The5.ond[Any third-party administrator providing claims services for the association shall deposit with the Commissioner a bond executed by the third-party administrator as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the faithful performance of its duties.

5.6.] The Commissioner may increase or decrease the amount of any bond or money required to be deposited by this section in accordance with chapter 681B of NRS and the Commissioner’s - 83rd Session (2025) – 10 – regulations for loss reserves in casualty insurance.

[Any third-party administrator providing claims services for the association shall deposit with the Commissioner a bond executed by the third-party administrator as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the faithful performance of its duties.

The bond must be in an amount determined by the Commissioner.

6.] The Commissioner may increase or decrease the amount of any bond or money required to be deposited by this section in accordance with chapter 681B of NRS and the Commissioner’s regulations for loss reserves in casualty insurance.

The association [,] or association’s administrator [or third-party administrator] shall comply with such a requirement within 60 days after receiving notice from the Commissioner.

7.

Nothing in the provisions of this section affects the obligation of a third-party administrator to comply with the requirements of NRS 683A.0857.

4.33.

NRS 616B.407 is hereby amended to read as follows:

616B.407 1.

Except as otherwise provided in subsection 2, the annual assessment required to be paid by each member of an association of self-insured public or private employers must be:

(a) Calculated by a rate service organization that is licensed pursuant to chapter 686B of NRS;

and (b) Based on the premium rate for the [standard industrial] classification of that member, adjusted by the member’s individual experience.

 If approved by the Commissioner, payments of assessments may expenses and loss experience.

on the association’s level of 2.

If approved by the Commissioner, an association may calculate the annual assessment required to be paid by each member of the association.

An assessment calculated by the association must be based on at least 5 years of the member’s individual experience.

Sec.

4.37.

NRS 616B.410 is hereby amended to read as follows:

616B.410 1.

The Commissioner shall [cause to be conducted at least annually an audit of] require each association of self-insured public or private employers to audit the payroll of each member of the association not less than annually in order to verify:

(a) The [standard industrial] classification or classifications of each member of the association;

(b) [The individual experience of each member of the association;

- 83rd Session (2025) – 11 – (c)] The payroll of each member of the association;

and [(d)] (c) The assessment required to be paid by each member of the association.

2.

[The audit required by this section must be conducted by an aud3.or A] The Commissioner may require the association to submit a report which summarizes the results of the audit [must be filed with the Commissioner] in a form required by the Commissioner.

[4.

The association or any member of the association may request a hearing before the Commissioner to object to any standard industrial classification assigned to a member of the association as a result of the audit.

If the Commissioner determines that the assessment required to be paid by any member of the association is:

(a) Insufficient because of the standard industrial classification assigned to the member, the Commissioner shall order the association to collect from that member any amount required to recover the deficiency.

(b) Excessive because of the standard industrial classification assigned to the member, the Commissioner shall order the association to pay to the member the excess amount collected.

5.] 3.

The expenses of any audit conducted pursuant to this section must be paid by the association.

Sec.

For the purposes of NRS 616B.350 to 616B.446, inclusive, an association of self-insured public or private employers is insolvent if it is unable to pay its outstanding obligationsobl2.atiIf asan theyassociation matureof self-insured public or private employers becomes insolvent, institutes any voluntary proceeding pursuant to the Bankruptcy Act or is named in any voluntary proceeding thereunder, makes a general or special assignment for the regularbenefit courseof creditors or fails to pay compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of itsNRS business.after an order for the payment of any claim becomes final, the Commissioner may, after giving at least 10 days’ notice to the association and any insurer or guarantor, use money or interest on securities, sell securities or institute legal proceedings on surety bonds deposited with the Commissioner pursuant to NRS 679B.175 to the extent necessary to make those payments.

2.

If an association of self-insured public or private employers becomes insolvent, institutes any voluntary proceeding pursuant to the Bankruptcy Act or is named in any voluntary proceeding thereunder, makes a general or special assignment for the benefit of creditors or fails to pay compensation pursuant to chapters 616A to - *SB317_R1* – 8 – 616D, inclusive, or chapter 617 of NRS after an order for the payment of any claim becomes final, the Commissioner may, after giving at least 10 days’ notice to the association and any insurer or guarantor, use money or interest on securities, sell securities or institute legal proceedings on surety bonds deposited with the Commissioner pursuant to NRS 679B.175 to the extent necessary to make those payments.

A licensed surety providing a surety bond pursuant to NRS 616B.353 may terminate liability on its surety bond by giving the Commissioner and the association [,] or association’s administrator - 83rd Session (2025) – 12 – [or third-party administrator] 90 days’ written notice.

4.45.

NRS 616B.500 is hereby amended to read as fol616B.500 1.

An insurer may enter into a contract to have his or her 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 [.] and the person, or a legal representative of the person, maintains an office in this State.

Sec.

The Board shall administer the Account based upon recommendations made by the Administrator pursuant to subsection [8.]8. 7.

All [assessments,]assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Board for the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers must be delivered to the custody of the State Treasurer.

3.State Treasurer as custodian thereof to be used solely for workers’ compensation for employees of members of Associations of Self- Insured Public or Private Employers.

All money and securities in the Account must be held by the State Treasurer as custodian thereof to be used solely for workers’ compensation for employees of members of Associations of Self- Insured Public or Private Employers.

The Board shall adopt regulations for the establishment and administration of [assessmentassessment rates,]rates, payments and penalties.

[AssessmentAssessment rates must result in an equitable distribution of costs among the associations of self-insured public or private employers - 83rd Session (2025) – 13 – and must be based upon expected annual expenditures for claims for - *SB317_R1* – 9 – payments from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers.]Employers. 7.

[The7. Commissioner shall assign an actuary to review the establishment of assessment rates.

The ratesCommissioner mustshall beassign filedan withactuary to review the Commissioner 30 days before their effective date.

Any associationassociationhe of self-insured public or private employers that wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

8.]8. The Administrator shall:

The Administrator shall:

If an employee of a member of an association of self-insured public or private employers has a permanent physical impairment from any cause or origin and incurs , on or before September 30, 2025, a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers in accordance with regulations adopted by the Board.

For the purposes of this section, a condition is not a “permanent physical impairment” unless it would - 83rd Session (2025) – 14 – support a rating of permanent impairment of 6 percent or more of the whole person if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment as - *SB317_R1* – 10 – adopted and supplemented by the Division pursuant to NRSNRS4. 616C.110.

4.

616B.581employers 1.that pays compensation due to an employee who has aivate permanent physical impairment from any cause or origin and incurs , on or before September 30, 2025, a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers if:

An association of self-insured public or private employers that pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs , on or before September 30, 2025, a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers if:

- 83rd Session (2025) – 15 – (b) The employer relied upon the false representation and this reliance formed a substantial basis of the employment;

 If the subsequent injury of the employee incurred on or before September 30, 2025, results in his or her death and it is determined - *SB317_R1* – 11 – that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers.

Sec.Secs.

6.6-9.

7.

(Deleted by amendment.) Sec.

8.

(Deleted by amendment.) Sec.

9.

(Deleted by amendment.) Sec.

Require informed consent from the injured employee beforeandore the delegation and provision of any such follow-up care;

and 2.

The Administrator shall selectadopt athe closedOfficial formularyDisability whichGuidelines is(ODG) nationally-recognizedDrug andFormulary evidence-basedpublished by MCG Health, or its successor, as the formulary to be used by insurers in connection with claims made pursuant to chapters 616A to 616D, inclusive, of NRS.

An insurer shall use the formulary selectedadopted pursuant to subsection 1 for any drug that is prescribed or dispensed to an injured employee for outpatient services in connection with a claim made pursuant to chapters 616A to 617, inclusive, of NRS.

An insurer is not required to use the formulary for prescription - 83rd Session (2025) – 16 – drugs that are prescribed or dispensed for emergency medical services or inpatient services.

InAs selectingsoon as practicable after the Administrator adopts the formulary pursuant to subsection 1, the Administrator shallmust consider:make maintained by the Administrator and accessible to the public, current information relating to the formulary adopted pursuant to subsection 1.

(a) Whether the formulary focuses on medical treatment which is specific to industrial insurance;

- *SB317_R1* – 12 – (b) Whether the basis for the formulary is readily apparent and publicly available;

(c) Whether the formulary includes measures to assist in the management of opioid medications;

(d) The cost of implementation of the formulary and any associated costs after implementation of the formulary;

(e) Evidence-based guidelines for the treatment of injuries or diseases which are compensable pursuant to the provisions of chapters 616A to 617, inclusive, of NRS.

4.

As soon as practicable after the Administrator selects a formulary pursuant to subsection 1, the Administrator must make available and update as necessary, on an Internet website maintained by the Administrator and accessible to the public, current information relating to the formulary selected pursuant to subsection 1.

IfExcept as otherwise provided in this section, if an insurer, pursuant to subsection 2 of section 9.5 of this act, is required to use the formulary selectedadopted pursuant to that section, the insurer shall not provide reimbursement for any drug if the drug is listed but not approved, or omitted from, the formulary.

IfAn ainsurer physiciandescribed orin chiropracticsubsection physician1 believesmay theprovide drugreimbursement isfor medicallya necessarydrug forthat anis injuredlisted employee,but thenot physicianapproved, or chiropracticomitted physicianfrom, maythe submitformulary aif request to the insurer forhas authorizationelected to prescribeapprove to the injureddrug employeein aaccordance drugwith whichprocedures isestablished listedby butthe notinsurer approved,and orin omittedcompliance from,with theany formularyapplicable selectedrequirements pursuantthat tomay sectionbe 9.5established ofby thisthe act.Administrator.

If thea insurerphysician deniesor chiropractic physician believes the requestdrug ofis amedically necessary for an injured employee, the physician or chiropractic physician pursuantmay submit a request to an insurer described in subsection 2,1 for authorization to prescribe to the injured employee ora hisdrug orwhich heris representativelisted maybut appealnot theapproved, determinationor ofomitted from, the insurerformulary adopted pursuant to asection hearings9.5 officerof inthis theact mannerand providedwhich has not been approved by NRSthe 616C.315.insurer pursuant to subsection 2.

Sec.If the insurer approves the request, the insurer may pro4.deIf the insurer denies the request of a physician or chiropractic physician pursuant to subsection 3, the injured employee or his or her representative may appeal the determination of the insurer to a hearings officer in the manner provided by NRS 616C.315.

10.Secs.

10-13.

11.

(Deleted by amendment.) Sec.

12.

(Deleted by amendment.) Sec.

13.

(Deleted by amendment.) Sec.

- *SB317_R1*83rd Session (2025) – 1317 – 2.subsections 3 and 4:herwise provided in this subsection and (a) The panel maintained by the Administrator pursuant to NRS 616C.090 must not include a physician or chiropractic physician in a discipline or specialization if the physician or chiropractic physician does not accept and treat injured employees for industrial injuries or occupational diseases in that discipline or specialization;

Except as otherwise provided in this subsection and subsections 3 and 4:

(a) The panel maintained by the Administrator pursuant to NRS 616C.090 must not include a physician or chiropractic physician in a discipline or specialization if the physician or chiropractic physician does not accept and treat injured employees for industrial injuries or occupational diseases in that discipline or specialization;

(4)(5) Orthopedic surgery on wrists;hands;;

(5) Orthopedic surgery on hands;

 If the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090 contains fewer thanthaned 12 physicians or chiropractic physicians, as applicable, for a discipline or specialization specifically identified in this subsection, all of the physicians or chiropractic physicians, as applicable, on the panel for that discipline or specialization must be included on the insurer’s list.

- 83rd Session (2025) – 18 – 3.

For any other discipline or specialization not specifically identified in subsection 2, the insurer’s list must include not fewer - *SB317_R1* – 14 – than 8 physicians or chiropractic physicians, as applicable, unless the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 8 physicians or chiropractic physicians, as applicable, for that 8 discipline or specialization, in which case all of the physicians or chiropractic physicians, as applicable, on the panel for that discipline or specialization must be included on the insurer’s list.

If an insurer fails to maintain a list of physicians and chiropractic physicians that complies with the requirements of subsections 2, 3 and 4, including the requirement that each physician or chiropractic physician on the list accepts and treats patients in the discipline or specialization for which the physician or chiropractic physician is listed, an injured employee may choose a physician or chiropractic physician from the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090.

If a physician or chiropracticchiropractictor physician is removed from an insurer’s list pursuant to subsection 9 or 10, within 60 days after the date of removal the insurer shall replace the physician or chiropractic physician on the list as may be required to maintain compliance with the requirements of subsections 2, 3 and 4.

[Each] Except as otherwise provided in this subsection, each insurer shall, [not later than October 1] on or after DecemberSeptember 1 and on or before DecemberOctober 311 of each year, update the list of physicians and chiropractic physicians and file the list with the Administrator [.] in accordance with the provisions of subsection 12.

The list must be certified by an adjuster who is licensed- pursuant83rd toSession chapter(2025) 684A– 19 – the list at additional times during the year for the purpose of NRS.adding a physician or chiropractic physician.

An insurer mayshall updatenot the list at additionalany timestime duringremove theany yearphysician foror thechiropractic purposephysician offrom replacingthe ainsurer’s physicianlist orexcept chiropracticas physicianexpressly pursuantpermitted toby subsection 5.9 or 10.

An insurer shall not at any time remove any physician or chiropractic physician from the insurer’s list except - *SB317_R1* – 15 – as expressly permitted by subsection 9 or 10.

Nothing in this section shall be construed to prohibit an insurer from updating at any time the contact information for or other basic information which is directly related to a physician or chiropractic physician on the insurer’s list.

and (b)8. Indicate on the list the date on which it was filed.

8.The Administrator shall:e date on which it was filed.

The Administrator shall:

or (b) Post a[a] an exact copy , in an unaltered condition of each insurer’s list of physicians and chiropractic physicians , and providers of mental health care pursuant to NRS 616C.180, on an Internet website maintained by the Administrator and accessible to the public for viewing, printing or downloading.

If a physician or chiropractic physician chooses to cancel a contract between the physician or chiropractic physician and the insurer, employer or third-party administrator, the insurer may omit the physician or chiropractic physician from the next list which the insurer files with the Administrator.

(a)- For83rd goodSession cause.(2025) – 20 – “good cause” means that one or more of the following paragraph, circumstances apply:

As used in this [subsection,] paragraph, “good cause” means that one or more of the following circumstances apply:

- *SB317_R1* – 16 – [(d)] (4) The physician or chiropractic physician has been removed from the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090 by the Administrator upon a finding that the physician or chiropractic physician:

[(1)] (I) Has failed to comply with the standards for treatment of industrial injuries or occupational diseases as established by the Administrator;

(b) Beginning on DecemberSeptember 1, 2026, and every 3 calendar years thereafter, the insurer may audit the insurer’s list, including, without limitation, for compliance with subsections 2, 3 and 4, and may remove any physician or chiropractic physician of the insurer’s choosing from the list which the insurer is required to file not later than DecemberOctober 311 of that year pursuant to subsection 6.

(a)administrators.oyer The employer of the injured employee changes insurers or administrators.(b) The physician or chiropractic physician is no longer included in the applicable insurer’s list of physicians and chiropractic physicians, provided that the physician or chiropractic physician agrees to continue to accept compensation for that treatment at the rates which:

(b) The physician or chiropractic physician is no longer included in the applicable insurer’s list of physicians and chiropractic physicians, provided that the physician or chiropractic physician agrees to continue to accept compensation for that treatment at the rates which:

or - 83rd Session (2025) – 21 – (2) Are newly negotiated but do not exceed the amounts provided under the fee schedule adopted by the Administrator.

The Administrator shall adopt regulations prescribing [the form] a uniform format in which a list of physicians and chiropractic physicians created by an employer, insurer or third- party administrator pursuant to this section must be maintained [.] , which must be uniformly applicable to any person who creates such a list.

Submission of a list to the - *SB317_R1* – 17 – Administrator in the format determined by the Administrator shall be deemed to satisfy the requirements of subsection 6 to file such a list.

Nothing in this subsectionsubsection: imposes any duty on the Administrator in receiving such a list other than those administrative duties described in subsections 7 and 8.

(a) Imposes any duty on the Administrator in receiving such a list other than those administrative duties described in subsections and 8.

(b) Prohibits the Administrator from uploading any information contained in such a list received by the Administrator to a specific proprietary software platform or particular electronic system.

For the purposes of NRS 616B.557, 616B.578, 616B.587 [,] and 616C.490 , [and 617.459,] not later than August 1, 2003, the Division shall adopt regulations incorporating the American Medical Association’s Guides to the Evaluation ofofhe Permanent Impairment, Fifth Edition, by reference.

- 83rd Session (2025) – 22 – (b) Must not incorporate any contradictory matter from any other edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment;

and (c) Must not consider any factors other than the degree of physicalentitlement impairmentto ofcompensation.hole the whole person in calculating the entitlement3. to compensation.

3.

- *SB317_R1* – 18 – 2.

or (b)name.) The generic drug is higher in cost than the drug with a brand name.Sec.

Sec.

(a) State the relevant amount requested as payment in the statement, that the reason for denying payment is that the services were- not83rd relatedSession to(2025) the– industrial23 injury– or occupational disease and that, pursuant to subsection 2, the injured employee will bebesease and responsible for payment of the relevant amount if the injured employee does not, in a timely manner, appeal the denial pursuant to NRS [616C.305 and] 616C.315 to 616C.385, inclusive, or appeals but is not successful.

(a) Services provided were related to the employee’s industrial injuryinj(b) Insurer, organization for managed care or occupationalemployer disease;who provides accident benefits for injured employees pursuant to NRS 616C.265 gave prior authorization for the services rendered and did not withdraw that prior authorization before the services of the provider of health care were rendered.

orSec. (b) Insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 gave prior authorization for the services rendered and did not withdraw that prior authorization before the services of the provider of health care were rendered.

- *SB317_R1* – 19 – Sec.

3.injury or disease caused by stress shall be deemed to arise out of and in the course of employment only if the employee proves by clear and convincing medical , psychological or psychiatric evidence that:

Except as otherwise provided by subsections 4 and 5, an injury or disease caused by stress shall be deemed to arise out of and in the course of employment only if the employee proves by clear and convincing medical , psychological or psychiatric evidence that:

and - 83rd Session (2025) – 24 – (c) The stress was not caused by his or her layoff, the termination of his or her employment or any disciplinary action taken against him or her.

An injury or disease caused by stress shall be deemed to arise out of and in the course of employment if the employee is a first responder and proves by clear and convincing medical , is a psychological or psychiatric evidence that:

and - *SB317_R1* – 20 – (b) The primary cause of the injury was the employee responding to the mass casualty incident during the course of his or herher6.mplAn employment.agency which employs a first responder, including, without limitation, a first responder who serves as a volunteer, shall provide educational training to the first responder related to the awareness, prevention, mitigation and treatment of mental health issues.

6.

An agency which employs a first responder, including, without limitation, a first responder who serves as a volunteer, shall provide educational training to the first responder related to the awareness, prevention, mitigation and treatment of mental health issues.

- 83rd Session (2025) – 25 – (c) Each insurer shall, betweenon Decemberor after September 1 and Decemberon 31or before October 1 of each year, update the list maintained pursuant to paragraph (a) and submit the list to the Administrator.

(d) If the list maintained pursuant to paragraph (a) contains a provider of mental health care that does not accept and treat patients pursuant to this section, an injured employee may choose any provider of mental health care who agrees to accept the schedule of fees and charges established pursuant to NRS 616C.260.

- *SB317_R1* – 21 – (a) Third-party administrator who has a valid certificate issued by the Commissioner pursuant to NRS 683A.085;

or certificate issued (b) Insurer, other than a self-insured employer or association of self-insured public or private employers,  to administer claims against the Uninsured Employers’ Claim Account.

or (2)- While83rd onSession temporary(2025) – 26 – more than 12 months;emporary assignment outside the State for not more(c) thanThe 12employee months;files a claim for compensation with the Division;

(c) The employee files a claim for compensation with the Division;

For the purposes of this section and NRS 616C.223, the employer has the burden of proving that the employer provided mandatory industrial insurance coverage for the employee or that the employeremployee.was was not required to maintain industrial insurance for the5. employee.

5.

(a) May recover from the employer the payments made by the Division that are described in subsection 5 and any accrued interest by bringing a civil action or filing an application for the entry of summary judgment pursuant to NRS 616C.223 in a court of - *SB317_R1* – 22 – competent jurisdiction.

(1) Justified by the circumstances of the claim;

andand; (3) Reasonable and necessary.

(3) Reasonable and necessary.

(d)- In83rd lieuSession of(2025) a– civil27 action– or filing an application for the entry of summary judgment pursuant to NRS 616C.223, may enter into ananhe entry agreement or settlement regarding the collection of any liability of an uninsured employer.

(a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee;emp(b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim,  the Division shall authorize payment from the Uninsured Employers’ Claim Account.

or (b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim,  the Division shall authorize payment from the Uninsured Employers’ Claim Account.

Any party aggrieved by a determination to accept or to deny any claim made pursuant to this section or by a determination to pay or to deny the payment of compensation regarding any claim - *SB317_R1* – 23 – made pursuant to this section may appeal that determination, within 70 days after the determination is rendered, to the Hearings Division of the Department of Administration in the manner provided by NRS [616C.305 and] 616C.315.

An uninsured employer is liable for the interest on any amount paid on his or her claims from the Uninsured Employers’ Claim- Account.83rd Session (2025) – 28 – prime rate at the largest bank in Nevada, as ascertained by theto the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the account until payment is received by the Division from the employer.

The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the account until payment is received by the Division from the employer.

If the Division has not obtained a civil judgment or an entry of summary judgment pursuant to NRS 616C.223 and the Division assigns a debt that arises under this section to the State Controller for collection pursuant to NRS 353C.195, the State State Controller may bring an action in his or her own name in a court of competent jurisdiction to recover any amount that the Division is authorized to recover pursuant to this section.

The notice must include, on a separate page, a statement describing the effects of closing a claim pursuant to this section and a statement that if the claimant does not agree with the - *SB317_R1* – 24 – determination, the claimant has a right to request a resolution of the dispute pursuant to NRS [616C.305 and] 616C.315 to 616C.385, inclusive, including, without limitation, a statement which prominently displays the limit on the time that the claimant has to request a resolution of the dispute as set forth in NRS 616C.315.

The closure of a claim pursuant to this subsection- is83rd Session (2025) – 29 – subsection.is not effective unless notice is given as required by this subsection.(b) If the insurer does not receive a request for the resolution of the dispute, it may close the claim.

(b) If the insurer does not receive a request for the resolution of the dispute, it may close the claim.

and (c) If the injured employee does not appeal the closure of the claim or appeals the closure of the claim but is not successful, the claim cannot be reopened.

5.shall include in the written notice described in subsection 2:surer (a) If an evaluation for a permanent partial disability has been scheduled pursuant to NRS 616C.490, a statement to that effect;

Inor addition(b) If an evaluation for a permanent partial disability will not be scheduled pursuant to theNRS requirements616C.490, ofa thisstatement section,explaining anthat insurerthe shallreason includeis inbecause the writteninsurer noticehas describeddetermined inthere subsectionis 2:no possibility of a permanent impairment of any kind.

(a)- If83rd anSession evaluation(2025) for– a30 permanent– partial616C.295 disability has been scheduled pursuant to NRS 616C.490,1. a statement to that effect;

or - *SB317_R1* – 25 – (b) If an evaluation for a permanent partial disability will not be scheduled pursuant to NRS 616C.490, a statement explaining that the reason is because the insurer has determined there is no possibility of a permanent impairment of any kind.

Sec.

20.

NRS 616C.295 is hereby amended to read as follows:

616C.295 1.

and (b) Standards for the initial training and continuing education of appeals officers who conduct hearings and appeals as requiredrequiredation of pursuant to chapters 616A to 617, inclusive, of NRS.

(c) Maintain and make accessible to the public on the Internet website maintained by the Hearings Division, a calendar of all mattersmat6.rs whichFrom arethe beforecases hearingheard officerseach andyear appealsby officers.hearing officers and.

6.appeals officers regarding claims for benefits by injured employees, the Chief of the Hearings Division shall prepare an annual report which itemizes, on the basis of each insurer and third-party administrator, the number of cases affirmed, reversed, remanded and resolved by other disposition involving that insurer or third-party administrator, including a breakdown of that information by the type of benefits denied by the insurer or third-party administrator.

From- the83rd casesSession heard(2025) each year by hearing officers and appeals officers regarding claims for benefits by injured employees, the Chief of the Hearings Division shall prepare an annual report which itemizes, on the basis of each insurer and third-party administrator, the number of cases affirmed, reversed, remanded and resolved by other disposition involving that insurer or third-party - *SB317_R1* – 2631 – administrator,7. including a breakdown of that information by the type of benefits denied by the insurer or third-party administrator.

7.

616C.315the 1.hearing officers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS may request a hearing before a hearing officer of any matter within the hearing officer’s authority.

Any person who is subject to the jurisdiction of the hearing officers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS may request a hearing before a hearing officer of any matter within the hearing officer’s authority.

or (b) The failure of an insurer to respond within 30 days to a written request mailed to the insurer by the person who is aggrieved,  may appeal from the determination or failure to respond by filing ainclude the information required pursuant to subsection 2 and,st must except as otherwise provided in subsections 4 and 5, must be filed within 70 days after the date on which the notice of the insurer’s determination was mailed or, if requested by the claimant or the person acting on behalf of the claimant, sent by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable by the insurer or the unanswered written request forwas amailed hearingto beforethe ainsurer, hearingas officer.applicable.

Such a request must include the information required pursuant to subsection 2 and, except as otherwise provided in subsections 4 and 5, must be filed within 70 days after the date on which the notice of the insurer’s determination was mailed or, if requested by the claimant or the person acting on behalf of the claimant, sent by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable by the insurer or the unanswered written request was mailed to the insurer, as applicable.

(a) Extended for an additional 90 days if the person aggrieved shows by a preponderance of the evidence that the person was - *SB317_R1*83rd Session (2025) – 2732 – diagnosed with a terminal illness or was informed of the death or diagnosis of a terminal illness of his or her spouse, parent or child.

(b) Tolled if the insurer fails to mail or, if requested by the claimant or the person acting on behalf of the claimant, send by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable a determination.

sending and 5.

A claimant may, with regard to a contested claim arising from the provisions of NRS 617.453, 617.455, 617.457, 617.485 or 617.487 as described in subsection 2 of NRS 616C.345, submit the contested claim directly to an appeals officer pursuant to subsection 2 of NRS 616C.345 without the agreement of any other party.

616C.320 If an employee of a self-insured employer, an employer who is a member of an association of self-insured public or private employers or an employer insured by a private carrier is dissatisfied with a decision of his or her employer, the association or the private carrier, the employee may seek to resolve the disputedisputeion or pursuant to NRS [616C.305 and] 616C.315 to 616C.385, inclusive.

Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by, except as otherwise provided in subsections 9, 10 and 11, filing a notice of appeal with an appeals officer within 30 days after the date of the decision.

The notice must include the information required pursuant to- subsection83rd 3Session and,(2025) except– as33 otherwise– provided in subsections 9 to 12, inclusive, must be filed within 70 days after the date on whichwhichto - *SB317_R1* – 28 – the notice of the insurer’s determination was mailed or, if requested by the claimant or the person acting on behalf of the claimant, sent by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable by the insurer or the unanswered written request was mailed to the insurer, as applicable.

and (3)(b) The insurernumber orof third-partythe administrator;claim;

(b)andty Theadministrator; number of the claim;

and (c) If applicable, a copy of the letter of determination being appealed or, if such a copy is unavailable, the date of the determination and the issues stated in the determination.

Failure to render a written determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.

shall be 5.] Except as otherwise provided in NRS 616C.380, the filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer .

If a party files such [an application is submitted,] a motion, the decision is automatically stayed until a determination is made concerning the - 83rd Session (2025) – 34 – must be made within 30 days after the filing of the [application.] motion.

AIf determinationa onstay is not granted by the [application]officer motionafter reviewing the [application,] motion, the decision must be madecomplied with within 3010 days after the filingdate of the [application.]refusal motion.to grant a stay.

If a stay is not granted by the officer after reviewing the - *SB317_R1* – 29 – [application,] motion, the decision must be complied with within 10 days after the date of the refusal to grant a stay.

(b) For the purpose of making findings and conclusions relating to irreparable harm pursuant to paragraph (a), consider the ability to recoup benefits and compensation provided by ananer industrial insurer to an injured employee during the pendency of the appeal.

Except as otherwise provided in subsections 3 and 7, within 10 days after receiving a notice of appeal pursuant to this section or NRS 616C.220, 616D.140 or 617.401, or within 10 days after receiving a notice of a contested claim pursuant to subsection 7 of NRS 616C.315, the appeals officer shall:

and (b) Give notice by mail or by personal service to all parties to the matter and their attorneys or agents at least 30 days before the date and time scheduled.

8.- 83rd Session (2025) – 35 – stipulation of all parties, or upon good cause shown.

An appeal or contested claim may be continued upon written stipulation9. of all parties, or upon good cause shown.

9.The period specified in subsection 1 [,] or 2 [or 4] within which a notice of appeal or a notice of a contested claim must be filed may be extended for an additional 90 days if the person aggrieved shows by a preponderance of the evidence that the person was diagnosed with a terminal illness or was informed of the death or diagnosis of a terminal illness of the person’s spouse, parent or child.

The period specified in subsection 1 [,] or 2 [or 4] within which a notice of appeal or a notice of a contested claim must be filed may be extended for an additional 90 days if the person - *SB317_R1* – 30 – aggrieved shows by a preponderance of the evidence that the person was diagnosed with a terminal illness or was informed of the death or diagnosis of a terminal illness of the person’s spouse, parent or child.

Failure to file a notice of appeal within the period specified in subsection 1 [or 4] may be excused if the party aggrieved shows by a preponderance of the evidence that he or she did not receive the notice of the determination and the forms necessary to appeal the determination.

(a) Schedule a hearing on the merits of the contested claim for a date and time within 60 days after his or her receipt of the notice at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the appeals officer;

A party may not introduce information at the hearing - 83rd Session (2025) – 36 – which was not previously disclosed to the other parties unless all parties agree to the introduction.

No judicial proceedings may be instituted for compensationinclusive, forof anNRS injuryunless:y or death under chapters 616A to 616D, inclusive,(a) ofA claim for compensation is filed as provided in NRS unless:616C.020;

(a)and (b) A claimfinal fordecision compensationof isan filedappeals asofficer providedhas inbeen NRSrendered 616C.020;on such claim.

and - *SB317_R1* – 31 – (b) A final decision of an appeals officer has been rendered on such claim.

4.for compensation for an injury or death under chapters 616A totuted 616D, inclusive, of NRS shall cause a copy of the final decision issued by the court in the proceedings to be:

The prevailing party in any judicial proceedings instituted for compensation for an injury or death under chapters 616A to 616D, inclusive, of NRS shall cause a copy of the final decision issued by the court in the proceedings to be:

- 83rd Session (2025) – 37 – (a) Grant a motion to stay the enforcement of the decision of an appeals officer unless the appeals officer or district court makes specific findings of fact and conclusions of law that the moving party seeking the stay has established that:

(1) The moving party has a reasonable likelihood of success in the appeal on the factual merits or as a matter of law;

success (2) The moving party will suffer irreparable harm if the stay is denied;

- *SB317_R1* – 32 – (b) For the purpose of making findings and conclusions relating to irreparable harm pursuant to paragraph (a), consider the ability to recoup benefits and compensation provided by an industrial insurer to an injured employee during the pendency of the appeal.

and (c) The application is accompanied by the certificate of a physician or a chiropractic physician showing a change of circumstances which would warrant an increase or rearrangement of compensation.com2.nsaAfter a claim has been closed, the insurer, upon receiving an application and for good cause shown, may authorize the reopening of the claim for medical investigation only.

2.

After a claim has been closed, the insurer, upon receiving an application and for good cause shown, may authorize the reopening of the claim for medical investigation only.

- 83rd Session (2025) – 38 – (a) The application is supported by medical evidence demonstrating an objective change in the medical condition of the claimant;

and (b) There is clear and convincing evidence that the primary causeclaim ofwas theoriginally changemade.cumstances of circumstances is the injury for which the claim5. was originally made.

5.

and - *SB317_R1* – 33 – (b) The claimant did not receive benefits for a permanent partial disability.

One year after the date on which the claim was closed, an insurer may dispose of the file of a claim authorized to be reopened pursuant to subsection 5, unless an application to reopen the claimclaimd has been filed pursuant to that subsection.

If a claim is reopened pursuant- to83rd thisSession section,(2025) the– amount39 of– any compensation or benefits provided must be determined in accordance with the provisions ofoffits NRS 616C.425.

- *SB317_R1* – 34 – (3) Payments from the Retirees’ Fund, as defined in NRS 287.04064;

Sec.616C.500 NRS1.

27.Except as otherwise provided in subsection 2 and NRS 616C.175, 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, is entitled to receive for a temporary partial disability the difference between the wage earned after the injury and the compensation which the injured person would be entitled to receive if temporarily totally disabled when the wage is less than the - 83rd Session (2025) – 40 – compensation, but for a period not to exceed 24 months during the period of disability.

NRS 616C.500 is hereby amended to read as follows:

616C.500 1.

Except as otherwise provided in subsection 2 and NRS 616C.175, 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, is entitled to receive for a temporary partial disability the difference between the wage earned after the injury and the compensation which the injured person would be entitled to receive if temporarily totally disabled when the wage is less than the compensation, but for a period not to exceed 24 months during the period of disability.

Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee or his or her dependents are not entitled to accrue or be paid any benefits for a temporary partial disability during the time the employee is incarcerated.

- *SB317_R1* – 35 – Sec.

(f)or Ruleproceeding.on upon all questions arising during the course of a hearing (g) [Permit] Except as otherwise provided in subsections 3 and 4, permit discovery by deposition or proceeding.interrogatories.

(g) [Permit] Except as otherwise provided in subsections 3 and 4, permit discovery by deposition or interrogatories.

(a) Issue subpoenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents - 83rd Session (2025) – 41 – that are relevant to the dispute for which the hearing or other proceeding is being held.

(d)] Initiate and hold conferences for the settlement or simplification of issues.

conferences for the settlement or [(e)] (d) Dispose of procedural requests or similar matters.

- *SB317_R1* – 36 – (a) Expressly limited to that which is necessary to the adjudication of the claim for compensation;

The party seeking discovery must file a motion for approval which includes, without limitation, a copy of the discovery request to be served, an identification of any witnesses sought to be deposed and aaserved, an summary of the anticipated testimony of each such witness.

[After] Except as otherwise provided in NRS 616D.050, after the initiation of a claim under the provisions of this chapter or chapter 616A, 616B, 616C or 617 of NRS, in which a claimant or other party is entitled to a hearing on the merits, any party to the proceeding- may,83rd inSession the(2025) manner– prescribed42 by– law and the Nevada Rules of Civil Procedure for taking written interrogatories and depositions in civil actions in courts of record:

(2) Settle for an amount which is less than reasonable while a hearing(3) Accept less than the compensation found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or anthe appealDivision iswhen pending;carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;

or (3) Accept less than the compensation found to be due the claimant by a hearing officer, appeals officer, court of competent - *SB317_R1* – 37 – jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;

(2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or the Division, unless a stay has been granted;

orer, appeals officer or the Division, unless a stay (3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or the Division has been lifted;

(e) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation or other relief found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written- settlement83rd agreement,Session written(2025) stipulation– or43 the– Division when carrying out its duties pursuant to chapters 616A to 616D,616D,on inclusive, or chapter 617 of NRS;

2.inclusive, or chapter 617 of NRS, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the Administrator may take any of the following actions:

Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization has failed to comply with any provision of this chapter - *SB317_R1* – 38 – or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the Administrator may take any of the following actions:

(1) A minor , clerical or ministerial violation,violation as defined by regulations adopted by the Division .

[;[, as defined by regulations adopted by the Division;

or] TheIn regulations must require, in the case of more than one minor, clerical or ministerial violation which is substantially similar across multiple claimsclaims, andall which does not create a financial impact to an injured employee, that such violations must be combined into a single finding in a notice of correction.

(2)For the purpose of this subparagraph, a violation constitutes a minor, clerical or ministerial violation if the violation does not create(2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto.

The provisions of this section do not authorize the Administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer- or83rd courtSession of(2025) competent– jurisdiction44 or– a provision contained in a written settlement agreement or written stipulation.stipulation.ion contained in (b) Impose an administrative fine for:

(b) Impose an administrative fine for:

If the Administrator determines that a person has fully complied with any plan of correction submitted pursuant to paragraph (c) or that the person has had no violations in the 3 years immediately preceding the date on which a fine is imposed pursuant to this paragraph, the fine must be in the amount for an initial violation.

If the Administrator determines that a violation of any of the provisions of paragraphs (a) to (e), inclusive, (h) or (i) of subsection 1 has occurred, the Administrator shall order the insurer, - *SB317_R1* – 39 – organization for managed care, health care provider, third-party administrator, employer or professional employer organization to pay to the claimant a benefit penalty:

4.Administrator shall consider the degree of physical harm suffered by the injured employee or the dependents of the injured employee as a result of the violation of paragraph (a), (b), (c), (d), (e), (h) or (i) of subsection 1, the amount of compensation found to be due the claimant and the number of fines and benefit penalties, other than a benefit penalty described in paragraph (b) of subsection 3, previously imposed against the insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization pursuant to this section.

ToThe determine- the83rd amountSession of(2025) the– benefit45 penalty,– the Administrator shall consider the degree of physical harm suffered by the injured employee or the dependents of the injured employee as a result of the violation of paragraph (a), (b), (c), (d), (e), (h) or (i) of subsection 1,1. the amount of compensation found to be due the claimant and the number of fines and benefit penalties, other than a benefit penalty described in paragraph (b) of subsection 3, previously imposed against the insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization pursuant to this section.

The Administrator shall also consider the degree of economic harm suffered by the injured employee or the dependents of the injured employee as a result of the violation of paragraph (a), (b), (c), (d), (e), (h) or (i) of subsection 1.

To determine the amount of the benefit penalty in cases of multiple violations occurring within a certain period of time, the Administrator shall adopt regulations which take intointoof consideration:

- *SB317_R1* – 40 – 5.

6.

If:

- 83rd Session (2025) – 46 – 7.

(b)private Aemployers.te certificate to act as an association of self-insured public or private(c) employers.A certificate of registration as a third-party administrator.

(c) A certificate of registration as a third-party administrator.

(a) Third-party administrator who has a valid certificate issued by the(b) CommissionerInsurer, pursuantother than a self-insured employer or association of self-insured public or private employers,  to NRSadminister 683A.085;claims against the Uninsured Employers’ Claim Account.

or - *SB317_R1* – 41 – (b) Insurer, other than a self-insured employer or association of self-insured public or private employers,  to administer claims against the Uninsured Employers’ Claim Account.

(c)- The83rd employeeSession files(2025) a– claim47 for– compensation with the Division;

andandployee files a claim for compensation with the (d) The employee makes an irrevocable assignment to the Division of a right to be subrogated to the rights of the employee pursuant to NRS 616C.215.

For the purposes of this section and NRS 617.4015, the employer has the burden of proving that the employer provided mandatory coverage for occupational diseases for the employee or that the employer was not required to maintain industrial insurance for5.he Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on behalf of the employee.employer, including, but not limited to, any benefits, administrative costs or attorney’s fees paid from the Uninsured Employers’ Claim Account or incurred by the Division.

5.

Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on behalf of the employer, including, but not limited to, any benefits, administrative costs or attorney’s fees paid from the Uninsured Employers’ Claim Account or incurred by the Division.

For the purposes of this paragraph, the - *SB317_R1* – 42 – payments made by the Division that are described in subsection 5 are presumed to be:

and (3)(b) ReasonableIn andany necessary.civil action or application for the entry of summary judgment filed pursuant to NRS 617.4015 against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease.

(b) In any civil action or application for the entry of summary judgment filed pursuant to NRS 617.4015 against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease.

(d) In lieu of a civil action or filing an application for the entry of summary judgment pursuant to NRS 617.4015, may enter into an agreement- or83rd settlementSession (2025) – 48 – an uninsured employer.t regarding the collection of any liability of an7. uninsured employer.

7.

or (b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by then to the circumstances of the claim,  the Division shall authorize payment from the Uninsured Employers’ Claim Account.

Any party aggrieved by a determination to accept or to deny any claim made pursuant to this section or by a determination to pay or to deny the payment of compensation regarding any claim made pursuant to this section may appeal that determination, within - *SB317_R1* – 43 – 70 days after the determination is rendered, to the Hearings Division ofNRS the[616C.305 Departmentand] of616C.315.tration Administration in the manner provided by NRS11. [616C.305 and] 616C.315.

11.

The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the - 83rd Session (2025) – 49 – Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the Account until payment is received by the Division from the employer.emp13.

13.

2.occupational disease under this chapter are limited to judicial review of that decision.

Judicial proceedings instituted for benefits for an occupational disease under this chapter are limited to judicial review of that decision.

- *SB317_R1* – 44 – (1) The petition must be filed within 30 days after the date of entry and service of the decision and order of the appeals officer;

(b) Other than the requirements of paragraph (a), a court may excuse any other defect in substance, form, venue or service of a petition for judicial review, and may permit any appropriate - 83rd Session (2025) – 50 – amendment or change of venue at any time before the final disposition of the petition.

The prevailing party in any judicial proceedings instituted for benefits for an occupational disease shall cause a copy of the finalfin(a) decisionServed issuedupon by the courtappeals inofficer thewhose proceedingsfinal todecision be:was appealed.

(a) Served upon the appeals officer whose final decision was appealed.

1.The Administrator of the Division of Industrial Relations of the Department of Business and Industry shall adopt the formulary required by section 9.5 of this act on or before July 1, 2027.

Within 120 days after the effective date of this act, the Administrator of the Division of Industrial Relations of the Department of Business and Industry shall solicit public comments concerning the selection of a formulary required by section 9.5 of this act.

2.

The Administrator shall select the formulary required by section 9.5 of this act on or before July 1, 2027.

The amendatory provisions of this act apply to any claim pursuant to chapters 616A to 616D, inclusive, or 617 of NRS, which is open, filed or reopened on or after the effective date of thispassage act.and appSec.

33.5.his(Deleted by amendment.) Sec.

33.5.

The provisions of any administrative regulations which conflict with or are inconsistent with the provisions of this act are void, including, without limitation, the provisions of any administrative regulations which impose an assessment relating to the Subsequent Injury Account for Associations of Self-Insured - *SB317_R1* – 45 – Public or Private Employers pursuant to NRS 616B.575, as that section existed before the effective date of this act.

Sec.

NRS 616B.410, 616C.305 and 617.459 are hereby repealed.

toSec. 9.5, inclusive, and 10 to 32.3, inclusive, 33, 33.5 and 34 of this act become effective upon passage and approval.

35.

1.

This section and sections 1 to 4.17, inclusive, 4.3 to 9.3, inclusive, 10 to 15, inclusive, 16 to 32.3, inclusive, 33, 33.5 and 34 of this act become effective upon passage and approval.

and (b) On JanuaryOctober 1, 2026, for all other purposes.

Sections 9.79.5, 9.7, 15.5 and 32.7 of this act become effective:

and - 83rd Session (2025) – 51 – (b) On July 1, 2027, for all other purposes.

TEXT~~~~~ OF25 REPEALED- SECTIONS83rd 616B.410Session Annual(2025) audits;

objection to assignment of standard industrial classification.

1.

The Commissioner shall cause to be conducted at least annually an audit of each association of self-insured public or private employers in order to verify:

(a) The standard industrial classification of each member of the association;

(b) The individual experience of each member of the association;

(c) The payroll of each member of the association;

and (d) The assessment required to be paid by each member of the association.

2.

The audit required by this section must be conducted by an auditor approved by the Commissioner.

3.

A report of the audit must be filed with the Commissioner in a form required by the Commissioner.

4.

The association or any member of the association may request a hearing before the Commissioner to object to any standard industrial classification assigned to a member of the association as a result of the audit.

If the Commissioner determines that the assessment required to be paid by any member of the association is:

- *SB317_R1* – 46 – assigned to the member, the Commissioner shall order thelassification association to collect from that member any amount required to recover the deficiency.

(b) Excessive because of the standard industrial classification assigned to the member, the Commissioner shall order the association to pay to the member the excess amount collected.

5.

The expenses of any audit conducted pursuant to this section must be paid by the association.

616C.305 Procedure for appeal of final determination of organization for managed care which has contracted with insurer.

1.

Except as otherwise provided in subsection 3, any person who is aggrieved by a final determination concerning accident benefits made by an organization for managed care which has contracted with an insurer must, within 14 days of the determination and before requesting a resolution of the dispute pursuant to NRS accordance with the procedure for resolving complaints established by the organization for managed care.

2.

The procedure for resolving complaints established by the organization for managed care must be informal and must include, but is not limited to, a review of the appeal by a qualified physician or chiropractic physician who did not make or otherwise participate in making the determination.

3.

If a person appeals a final determination pursuant to a procedure for resolving complaints established by an organization for managed care and the dispute is not resolved within 14 days after it is submitted, the person may request a resolution of the dispute pursuant to NRS 616C.345 to 616C.385, inclusive.

617.459 Determination of percentage of disability resulting from heart or lung diseases.

1.

The percentage of disability resulting from an occupational claimant’s attending physician and the examining physiciany the designated by the insurer, 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.

2.

If the claimant’s attending physician and the designated examining physician do not agree upon the percentage of disability, they shall designate a physician specializing in the branch of medicine which pertains to the disease in question to make the determination.

If they do not agree upon the designation of such a physician, each shall choose one physician so specializing, and two - *SB317_R1* – 47 – physicians so chosen shall choose a third specialist in that branch.

The resulting panel of three physicians shall, by majority vote, American Medical Association’s Guides to the Evaluation ofthe Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110.

H - *SB317_R1*