REGULATORY ACTIVITY:

• Published notice of adoption of actuarial annuity table. The table became effective December 4, 2017.

REGULATORY ACTIVITY:

• The Nevada Division of Insurance (“Division”) issues this guidance to workers’ compensation insurance carriers who have issued policies to employers in Nevada. This guidance is intended to address the effects of the COVID-19 emergency on workers’ compensation in Nevada. Restrictions pertaining to social distancing have had the effect of limiting the operations of many businesses. In response, some business owners have decided to close but continue to pay employees. That decision may, in turn, minimize or eliminate risks covered by workers' compensation insurance. The Nevada Division of Insurance has approved filing B-1441 (Nevada State tracking number 91496) by the National Council on Compensation Insurance (“NCCI”), which developed a new rule and a corresponding statistical code for reporting such payroll and that excludes such payroll from the calculation of workers’ compensation premium. Furthermore, Nevada law does not prohibit workers' compensation carriers from suspending premium payments by the closed-but-paying employers. However, all reporting requirements of the NCCI will remain in effect. Workers’ compensation insurers are encouraged to consider the impact on rates of any idling of workers by insured employers, and insurers should, if requested by the insured employer, conduct an audit in order to determine whether the insured is entitled to any adjustment in premium due to the idling, furloughing, laying off, or other dismissal of workers. Insurers are encouraged to allow self-auditing, self-reporting, and/or virtual audits in lieu of physical audits to the extent that physical audits are impracticable. Likewise, if an insured employer has remained open but has shifted workers to a telecommuting basis, insurers are requested to reflect the appropriate classification of those workers under NCCI Classification Code 8871: Clerical Telecommuter Employees, or other appropriate classifications based on the duties of the employees while normal business operations are interrupted or suspended. Once normal business operations resume, appropriate classifications should be applied. Reasonable and consistently applied premium adjustments or audit accommodations as described in this guidance are consistent with the approach outlined by NCCI in its COVID-19 FAQ document, found on the NCCI website at https://www.ncci.com/Articles/Pages/Insights-coronavirus-faqs.aspx. Such approaches by insurers are also understood by the Division to be consistent with currently approved rating plans, rules, and policy language, and with all applicable Nevada statutes and regulations. To view this notice, go to http://doi.nv.gov/uploadedFiles/doi.nv.gov/Content/News_and_Notices/DOI_Letterhead_ADA_Compliant%20(7).pdf.

REGULATORY ACTIVITY:

• On April 1, 2020, Governor Sisolak issued Declaration of Emergency Directive 009 (Revised) concerning the renewal of governmental licenses and permits and the timelines and requirements for legal actions and proceedings during the current State of Emergency declared on March 12, 2020. In general terms, all licenses and permits issued by the Division of Industrial Relations that expire or are set to expire during the period of the Emergency Declaration are extended for a period of 90 days from the current expiration or 90 days after the state of emergency is terminated, whichever is later. Additionally, all specific time limits in legal proceedings will be extended from April 1, 2020 until 30 days from the date the state of emergency is terminated. For the Workers' Compensation Section of this Division, this Directive means that Professional Employer Organization (PEO) licenses expiring between April 1, 2020 and the termination of this state of emergency will be extended for a period of 90 days from the current expiration or until 90 days after the end of the emergency. For workers' compensation claims, the time limits set forth by statute or regulation for appeals in the Department of Administration, Hearings Division will be extended from April 1, 2020 until 30 days from the date the state of emergency is terminated. Please note this Directive does not, pursuant to NRS 414.110 (1), extend, delay or toll the delivery of services or payment of benefits to injured workers who are otherwise be entitled under NRS Chapters 616A-616D and NRS Chapter 617.  This document is intended solely as notice of the Governor's April 1, 2020 Directive 009 (Revised). It does not include every specific application of this Directive to all of the processes of this Division or all of its Sections. This Notice is not legal advice regarding any specific license, permit, or legal proceeding. Please consult an attorney to obtain a legal opinion regarding any specific issue or the effects, in any; this Directive has on any issue.

REGULATORY ACTIVITY:

• In response to Governor Sisolak's closure of nonessential businesses in Nevada and in an effort to help reduce the economic pressures associated with these closures, the Workers' Compensation Section (WCS} is providing a 60-day grace period for payments owed to WCS. Nevada businesses owing a debt to  WCS for one or more fines and/or premium penalties and paying monthly according to a  payment agreement may postpone any payments due between now and May 29th by 60  days. The continuance of the grace period will be re-evaluated during the week of  May 25,  2020.

REGULATORY ACTIVITY:

• The Administrator of the Division of Industrial Relations has revised the following forms, effective January 24, 2020: C-1 Notice of Injury or Occupational Disease (rev 1/2020); C-3 Employer's Report of Industrial Injury or Occupational Disease (rev 1/2020) and D-2 Brief Description of Your Rights and Benefits if You Are Injured on the Job (rev 1/2020).  Please discontinue the use of the previously revised forms: C-1 Notice of Injury or Occupational Disease  (rev 10/05);  C-3 Employer's Report of Industrial Injury or Occupational Disease (rev 11/05) and D-2 Brief Description of Your Rights and Benefits if You Are Injured on the Job (rev 6/18).  To view the revised forms, go to http://dir.nv.gov/WCS/Workers__Compensation_Forms_and_Worksheets/.

FEE SCHEDULE NEWS:

• The Division of Industrial Relations of the Department of Business and Industry in Nevada has adopted a new medical fee schedule with an effective date of February 1, 2020. The next expected update is scheduled for February 2021.

REGULATORY ACTIVITY:

• Effective January 1, 2020, the standard mileage reimbursement rate for transportation costs incurred while using a private vehicle while traveling on official State business has decreased from $0.58 per mile to $0.575 per mile. Per NAC 616C.150, reimbursement for the cost of transportation for an injured employee, under appropriate conditions, must be computed at a rate equal to the mileage allowance for State employees.  Please advise all adjusters as soon as possible to minimize any payment errors.

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• Published an updated document regarding COLAs for PTD and Survivors' Benefits Claims.  To view the document, go to http://dir.nv.gov/WCS/Home/.

REGULATORY ACTIVITY:

• The Administrator of the Division of Industrial Relations has revised D-1 Information Form, effective November 1, 2019 required by SB 493 and NAC 616A.4.
• Posted a notice to insurers and TPAs regarding legislation enacted impacting COLA adjustments.  To view the notice, go to http://dir.nv.gov/WCS/Home/.

REGULATORY ACTIVITY:

• The State of Nevada, Division of Industrial Relations (DIR), Workers’ Compensation Section (WCS) is pleased to announce training on November 13, 2019 regarding compliance with Senate Bill 381, 2019 Nevada Legislature. This bill mandates significant changes to the DIR/WCS Treating Panel of Physicians and Chiropractors, insurers’/third party administrators’ (TPAs) provider lists and availability of those lists to the public.  The training will be presented in Las Vegas with audio visual capabilities in Carson City and online (see below).  No additional dates for this training are scheduled at this time. There will be two sessions, one in the morning and one in the afternoon. Each session will focus on the new statutory requirements of a specific stakeholder group.  Senate Bill 381 (SB 381) mandates DIR/WCS incorporate significantly more information concerning individual practitioners listed on the DIR/WCS Treating Panel of Physicians and Chiropractors.  The morning session is designed to educate treating physicians and chiropractors (MDs, DOs, DCs) regarding the impact of these new mandates. Specifically, as a result of SB 381, the DIR/WCS must update the Treating Panel of Physicians and Chiropractor to fulfill the additional statutory requirements, no later than July 1, 2020. The updated Treating Panel will supersede all prior DIR/WCS Treating Panels. All physicians and chiropractors interested in treating Nevada’s workers’ compensation patient population must complete and submit a newly revised treating physician/chiropractor application which is anticipated to be available at http://dir.nv.gov/WCS/home/ by November 14, 2019. More information regarding completion of the new application and the submission process will be discussed in the training on November 13, 2019. Please note, all physicians and chiropractors, including those on the current Treating Panel of Physicians and Chiropractors, interested in being placed on the updated DIR/WCS Treating Panel of Physicians and Chiropractors must submit a completed revised application (when available). This notice can be viewed at http://dir.nv.gov/WCS/Important/.

REGULATORY ACTIVITY:

• Published the fall edition of the Workers' Compensation Chronicle Newsletter. To view the newsletter, go to http://dir.nv.gov/uploadedFiles/dirnvgov/content/WCS/ArchivesDocs/Current.pdf.

LEGISLATIVE ACTIONS:

• Assembly Bill 492

An act relating to industrial insurance; authorizing compensation under industrial insurance for posttraumatic stress disorder suffered by a first responder under certain circumstances; exempting a claim for posttraumatic stress disorder suffered by a first responder from certain provisions governing certain other stress-related claims; exempting a claim for posttraumatic stress disorder suffered by a first responder from certain prohibitions on compensation for an injury and temporary disability; exempting a claim for posttraumatic stress disorder suffered by a first responder from certain provisions governing the calculation of compensation for a permanent partial disability; and providing other matters properly relating thereto. Effective Date July 1, 2019.