REGULATORY ACTIVITY:

• Has published the Actuarial Annuity Table effective July 1, 2019.  To view the new table, go to http://dir.nv.gov/WCS/Important/.
• Posted a memorandum regarding changes to the Nevada law governing benefits for certain permanently and totally disabled workers in Nevada.  The bill became effective on July 1, 2019. As a result of the new law insurers and TPAs are no longer required to submit the Permanent Total Disability Claims report that had been due in August each year. The Workers’ Compensation Section (WCS) annual PT data call associated with this repealed statute will not be distributed in July 2019 or thereafter.  To view the memorandum, go to http://dir.nv.gov/WCS/Important/.

LEGISLATIVE ACTIONS:

• Assembly Bill 370

An act relating to industrial insurance; authorizing the use of money in the Fund for Workers' Compensation and Safety in the State Treasury to make certain payments; eliminating the authority of the Administrator of the Division of Industrial Relations of the Department of Business and Industry to make certain payments from the Uninsured Employers' Claim Account in the Fund for Workers' Compensation and Safety; revising provisions providing for an annual increase in benefits for permanent total disability; authorizing assessments against certain employers to defray the costs of certain compensation for permanent total disability; repealing provisions authorizing annual payments to certain persons who are entitled to compensation for permanent total disability; and providing other matters properly relating thereto. Effective Date July 1, 2019.

• Senate Bill 33

An act relating to the support of children; imposing certain requirements on insurers and self-insurers relating to certain claimants owing past-due child support.  Effective Date January 1, 2020.

• Senate Bill 377

An act relating to industrial insurance; authorizing the use of money in the Fund for Workers' Compensation and Safety in the State Treasury to make certain payments; eliminating the authority of the Administrator of the Division of Industrial Relations of the Department of Business and Industry to make certain payments from the Uninsured Employers' Claim Account in the Fund for Workers' Compensation and Safety; revising provisions providing for an annual increase in benefits for permanent total disability; authorizing assessments against certain employers to defray the costs of certain compensation for permanent total disability; repealing provisions authorizing annual payments to certain persons who are entitled to compensation for permanent total disability; and providing other matters properly relating thereto. Effective Date July 1, 2019.

REGULATORY ACTIVITY:

• Published a notice regarding DIR Workers' Compensation Section Treating and/or Rating Panels. Dear Health Care Providers: Thank you for your interest in the State of Nevada, Division of Industrial Relations (DIR) Workers’ Compensation Section (WCS) Treating Panel of Physicians and Chiropractors and/or the Rating Panel of Physicians and Chiropractors. We regret to inform you that, due to recent legislation passed by the Nevada State Legislature, there is a temporary moratorium on reviewing and adding providers to either of the DIRIWCS physician/chiropractor panels, effective immediately. The new legislation includes substantial changes to the requirements and information that must be provided regarding each physician/chiropractor listed. This process necessitates significant IT development and other related tasks. Revised applications for providers will be posted on the DIR/WCS website when available. At this time, we anticipate this moratorium continuing until January 2020. This date is tentative and subject to change. We apologize for the inconvenience this may cause providers; however, these changes are necessary to allow the DIR/WCS to comply with the new statutory requirements. We appreciate your interest in providing services to Nevada’s injured employees and those with occupational diseases. Please monitor our website for updates and for the new applications.  To view this notice, go to  http://dir.nv.gov/WCS/Important/.
• Nevada has published the Summer Edition of the Workers’ Compensation Chronicle Newsletter.  To view the current newsletter, go to http://dir.nv.gov/WCS/Home/.

REGULATORY ACTIVITY:

• Workers’ Compensation Medical Training Classes were held on April 17, 2019  at 9:30 am – 11:30 am. This class details the process for verifying workers’ compensation insurance coverage and how to use available tools to expedite that process.
• Reminder the Workers' Compensation Insurer and TPA reporting is due May 6, 2019.  To view additional information regarding the report, go to http://dir.nv.gov/WCS/Insurer-TPA_Reporting/.

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, 2019. The next expected update is scheduled for February 2020.

REGULATORY ACTIVITY:

• The regulation, LCB File No. R127-17, was adopted effective January 30, 2019.  This regulation amends NAC 616C.502 by removing the outdated factor table to be used in computing a lump sum payment for a permanent partial disability award, which has been replaced by Actuarial Annuity Table adopted each July 1^st; and repeals NAC 616C.498, which has been superseded by amendments to NRS 616C.495.  To view the notice and adopted rule, go to http://dir.nv.gov/WCS/Home/.

REGULATORY ACTIVITY:

• Effective January 1, 2019, the standard mileage reimbursement rate for transportation costs incurred while using a private vehicle while traveling on official State business has increased from $0.545 per mile to $0.58 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.

REGULATORY ACTIVITY:

• Guarantee Insurance Company On November 27, 2017 the Second Judicial Circuit Court in Leon County, Florida found Guarantee Insurance Company to be insolvent and Issued an Order of Liquidation. The Florida Department of Financial Services (Department) is the court appointed Receiver of Guarantee Insurance Company. All policyholders are hereby advised to secure replacement coverage immediately, as all Guarantee Insurance Company policies were cancelled effective December 27, 2017. The Order of Liquidation has established a claim filing deadline of May 28, 2018. Pursuant to Nevada Revised Statutes, claims cannot be filed with the Nevada Insurance Guaranty Association more than 18 months after the date of the order of Liquidation or after the final date set by the court or whichever is earlier. It should also be noted that pursuant to N.R.S. 687A.020, the Nevada Insurance Guaranty Association cannot cover Surety claims. All policyholders, former policyholders, and claimants having outstanding, unsettled claims against Guarantee Insurance Company should immediately contact: Nevada Insurance Guaranty Association 3821 W. Charleston Blvd., Suite 100 Las Vegas, NV 89102 Phone: (702) 368-0607 Toll Free: (800) 964-7882 Fax: (702) 368-2455 Email: service@nviga-pc.org Website: nviga-pc.org.
• Issued the winter edition of the Nevada Workers' Compensation Chronicle. To view the publication, go to http://dir.nv.gov/WCS/Home/ and click on "Current Newsletter".

REGULATORY ACTIVITY:

• The Board for the Administration of the Subsequent Injury Account for Self-Insured Employers is looking for new members and currently has openings.  Members are appointed by the Governor and hold a 2-year term commencing on July 1 of each odd numbered year.  The members of the Board serve without compensation.  Typically, the Board meets once per month to decide claims for reimbursement according to criteria set out in the statutes and regulations and to discuss other Board related issues.  In order to serve on the Self-Insured Employers Board, one must be employed by an entity who meets the self-insured criteria set forth in NRS 616A.305.  Anyone interested in applying for membership can find the application forms at http://gov.nv.gov/Boards/Boards(1)/.  If appointed, the Governor will send a letter indicating the applicant’s appointment dates. For questions, please email the Boards and Commissions Office at boards@gov.nv.gov.
• The DIR/WCS has prepared a list of PPD assignments by rotation to each of our rating physicians and chiropractors during fiscal year 2018 (7/1/17-6/30/18). Please be aware there are a number of variables that affect the number of assignments each rater receives including:
  • • Degree
    • Specialty
    • Availability (active/inactive)
    • Length of time on the Rating Panel
    • Geographic location(s)

Follow this link to access the list: http://dir.nv.gov/uploadedFiles/dirnvgov/content/WCS/MedicalDocs/FY18%20Rater%20Assgnmts%20Rot%20List.pdfIf you have any questions, please contact me at kgodwin@business.nv.gov

REGULATORY ACTIVITY:

• The Administrator of the Division of Industrial Relations has revised the following forms, effective October 16, 2018:
  • D-12(a) – Request for Hearing – Contested Claim
  • D-30 – Notice of Claim Acceptance

These forms “must be used by an insurer, employer, injured employee, provider of health care, organization for managed care or third-party administrator in the administration of claims for workers’ compensation” pursuant to NAC 616A.480.  To view the revised forms, go to http://dir.nv.gov/WCS/Workers__Compensation_Forms_and_Worksheets/.

• On 10/16/18, the Workers’ Compensation Section distributed an email with links to revised forms D-12a and D-30, effective that date.  The D-30 form that was emailed and posted that day has been revised.
• Effective 10/19/18, the revised and approved D-30 Form has been posted to the website http://dir.nv.gov/uploadedFiles/dirnvgov/content/WCS/d-30.pdf. Please discontinue use of the version previously posted on 10/16/18.
• The D-12a form distributed on 10/16/18 and posted on the website is the current version of that form. No additional changes were made after that date.  To view the forms, go to http://dir.nv.gov/WCS/Workers__Compensation_Forms_and_Worksheets/.
• The Division of Insurance has updated the Company and Staff Adjuster Licensing web pages of their website to include a form to request an exemption from the pre-licensing education requirement for individuals who have more than five years work experience or have a designation related to workers compensation.   This exemption will be available until December 31, 2018.
  • Company Adjuster Licensee:  http://doi.nv.gov/Licensing/License_Types/Adjuster/Company_Adjuster/
  • Staff Adjuster License:  http://doi.nv.gov/Licensing/License_Types/Adjuster/Staff_Adjuster/
• In addition, the examination has been revised by Nevada subject matter experts in the field of workers’ compensation claims adjustment.  The content outlines for the exam are available via the Division’s exam vendor, Pearson VUE.  There is a link to the Nevada landing page at Pearson VUE on the Division’s website:  https://home.pearsonvue.com/nv/insurance.
• For an overview of the new licensing requirements, click here:  http://doi.nv.gov/uploadedFiles/doinvgov/_public-documents/Licensing/adjuster_licensing_changes_new_requirements_TH%2005302018.pdf.

REGULATORY ACTIVITY:

• The Fall Edition of the Workers’ Compensation Chronicle Newsletter has been published. Highlights of this newsletter include:
  • 2018 Workers' Compensation Educational Conference
  • Adjuster Licensing
  • Holiday Office Closures
  • Training Schedule
  • Annual PT Checks Coming Soon
  • Benefit Penalties
  • Reporting Reminders

To view the publication, go to http://dir.nv.gov/WCS/Home/.

• The Division of Industrial Relations, Department of Business and Industry, State of Nevada (the “Division”), will conduct a public hearing to amend NAC 61 6C.502, to comply with NRS 61 6C.495, as amended by Section 9 of Assembly Bill 458, Chapter 216, Statutes of Nevada 2017, at page 1167. This regulation deletes the actuarial annuity table for the calculation of lump-sum permanent partial disability (“LS PPD”) payments in accordance with the requirements of NRS 616C.495(5), as amended, and repeals NAC 616C.498 which has become unnecessary based on the amendment of NRS 616C.495(1).

REGULATORY ACTIVITY:

• The state Average Weekly Wage for computing maximum disability compensation for Fiscal Year 2019 has been certified by the Nevada Department of Employment, Training and Rehabilitation, Employment Security Division, to be $901.70 per week.  Nevada Revised Statutes (NRS) 616A.065 requires the average monthly wage to be capped at 150 percent of the state Average Weekly Wage, multiplied by 4.33.

Maximum Average Monthly Wage

• $901. 70 X 150% X 4.33 = $5,856.54

• Maximum disability compensation in Nevada is 66-2/3 percent of the Average Monthly Wage (NRS 616A.065 and 616C.475).   If the earned wage on the date of injury was less than $5,856.54 per month. compensation is 66-2/3 percent of the actual earned wage.
  • $5,856.54   X 66 2/3% =   $3,904.36
  • ($5,856.54 X 8 +   12 = $3,904.36)
• To view the memo regarding benefit levels, go to http://dir.nv.gov/WCS/Important/.