REGULATORY ACTIVITY:

• The Division of Industrial Relations (DIR) in Southern Nevada has moved its office location and is settling in as quickly as possible. Effective immediately, the following numbers have changed:
  • Workers' Compensations Section main phone number has changed to (702) 486-9090
  • The WCS main fax number (702)486-8712
  • Enforcement Unit fax number (702) 486-9174
  • The Medical Unit fax number (702)702-486-8713
• The Division of Industrial Relations (DIR) has posted notice regarding proposed regulation of the board for the administration of the subsequent injury account for self-insured employers under LCB file no. R025-18.  A regulation relating to industrial insurance; establishing guidelines for the acceptance of ratings for permanent physical impairment and rulings on claims for reimbursement from the Subsequent Injury Account for Self-Insured Employers; establishing requirements for the service of certain documents on or by a claimant; establishing certain methods of proving a self-insured employer’s knowledge of an employee’s preexisting permanent physical impairment; establishing guidelines for determining a permanent physical impairment; providing for the reimbursement of certain benefits paid in the form of a lump sum or an annuity; establishing procedures to consider a petition to adopt, amend or repeal a regulation or to issue a declaratory order or advisory opinion; authorizing the Administrator of the Division of Industrial Relations of the Department of Business and Industry to refuse to process incomplete claims and to obtain additional information; extending the time in which the Administrator will examine and provide a recommendation relating to a claim; establishing procedures relating to a hearing on a claim; and providing other matters properly relating thereto.   To view the proposed regulation, go to  https://www.leg.state.nv.us/register/indexes/2018_NAC_REGISTER_KEYWORD.htm.
• The Division of Industrial Relations (DIR) has posted notice regarding proposed regulation of the board for the administration of the subsequent injury account for associations of self-insured public or private employers under LCB file no. R026-18. A regulation relating to industrial insurance; establishing guidelines for the acceptance of ratings for permanent physical impairment and rulings on claims for reimbursement from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers; establishing requirements for the service of certain documents on or by a claimant; establishing certain methods of proving an employer’s knowledge of an employee’s preexisting permanent physical impairment; establishing guidelines for determining a permanent physical impairment; providing for the reimbursement of certain benefits paid in the form of a lump sum or an annuity; establishing procedures to consider a petition to adopt, amend or repeal a regulation or to issue a declaratory order or advisory opinion; authorizing the Administrator of the Division of Industrial Relations of the Department of Business and Industry to refuse to process incomplete claims and to obtain additional information; extending the time in which the Administrator will examine and provide a recommendation relating to a claim; establishing procedures relating to a hearing on a claim; and providing other matters properly relating thereto.  To view the proposed regulation, go to  https://www.leg.state.nv.us/register/indexes/2018_NAC_REGISTER_KEYWORD.htm.

REGULATORY ACTIVITY:

• All requests for a PPD rating physician or chiropractor, including mutual agreements and court orders, will be processed in the DIR/WCS office in Henderson, NV, effective February 12, 2018. Please note the following:
  • The D-35 Form has been revised to reflect the change in fax number and a new email for questions.
  • D-35 Forms must be faxed to 702-990-0363. D-35 Forms sent to the Carson City office will be returned to the sender so that the sender may redirect them to the Henderson office.
  • Concerns regarding D-35 Forms or PPD rater assignments/changes should be emailed to medunit@business.nv.gov and will be responded to as quickly as possible.
  • All appropriate fields on a D-35 Form, including a stable and ratable date, must be completed prior to sending to DIR/WCS for processing.
  • All D-35 Forms submitted by attorneys must be accompanied by a written and signed letter of representation.
  • Court assigned PPD raters must include a copy of the Decision and Order from the court appointed authority. To view the new form, to go http://dir.nv.gov/uploadedFiles/dirnvgov/content/WCS/d-35.pdf.
• Has posted notice of amendments relating to industrial insurance; authorizing reimbursement from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers for the purchase of an annuity or payment of a lump sum; revising provisions governing the rating of permanent physical impairments; providing for petitions to the Board for the Administrations of the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers to adopt, amend or repeal regulations; providing for petitions to the Board for the issuance of a declaratory order or advisory opinion concerning the applicability of a statute, regulation or decision of the Board; providing procedures for service upon associations, the Administrator of the Division of Industrial Relations of the Department of Business and Industry and the Board; revising provisions governing hearings before the Board and requests for continuances; and providing other matters properly relating thereto.   To view a copy of regulation, go to https://www.leg.state.nv.us/Register/2018Register/R026-18I.pdf.

FEE SCHEDULE NEWS:

• The Division of Industrial Relations of the Department of Business and Industry in Nevada has revised their fee schedule to use the most recent editions of the Relative Value for Physicians, Relative Value Guide of Anesthesiologists, Medicare’s current reimbursement for HCPCS codes K and L, ASC Hospital Outpatient Group List 2016 and the Nevada Specific Codes with an effective date of February 1, 2018. The next expected update is scheduled for February 1, 2019.

REGULATORY ACTIVITY:

• The Board for the Administration of the Subsequent Injury Account for Self-Insured Employers held a public meeting on November 8, 2017 at 10:00 a.m., at 1301 North Green Valley Parkway, Conference Room B, Henderson, Nevada.
• Posted notice of amendment to rules governing lump sum settlements.

REGULATORY ACTIVITY:

• The Board for the Administration of the Subsequent Injury Account for Self-Insured Employers will hold a public meeting on October 18, 2017 at 10:00 a.m., at 1301 North Green Valley Parkway, Conference Room B, Henderson, Nevada.  The public is advised that some of the members of the Board may participate in the meeting via telephone.

REGULATORY ACTIVITY:

• Posted notice to amend rule 616C.502 a regulation relating to industrial insurance; revising the present value table used to calculate lump sum permanent partial disability awards, pursuant to NRS  616C.495(5), as amended in AB 458, Section 9, 2017 Legislative Session. 
• Published notice to amend rule NAC 616C.495 relating to industrial insurance; revising the actuarial annuity tables used to calculate lump sum payments for awards for permanent partial disability; and providing other matters properly relating thereto. Existing regulations set forth the factors which must be applied whenever present value is computed to make a lump sum payment for an award for a permanent partial disability. (NAC 616C.502) Existing law requires the Division of Industrial Relations of the Department of Business and Industry to adjust annually the actuarial annuity tables which contain those factors. (NRS 616C.495, as amended by section 9 of Assembly Bill No. 458, chapter 216, Statutes of Nevada, at page 1167) This regulation adjusts the actuarial annuity tables for the calculation of such lump sum payments in accordance with the requirements of NRS 616C.495.

REGULATORY ACTIVITY:

• Published notice of maximum compensation for fiscal year 2018.
• The Board for the Administration of the Subsequent Injury Account for Self-Insured Employers will hold a public meeting on August 23, 2017 at 10:00 a.m., at 1301 North Green Valley Parkway, WCS Conference Room, Henderson, Nevada.  The public is advised that some of the members of the Board may participate in the meeting via telephone.

REGULATORY ACTIVITY:

• The Board for the Administration of the Subsequent Injury Account for Associations Self-Insured Public or Private Employers held a public meeting on June 14, 2017, 10:00 a.m., at 1301 North Green Valley Parkway, Conference Room B, Henderson, Nevada.  The public is advised that some of the members of the Board may participate in the meeting via telephone.

LEGISLATIVE ACTIONS:

• Assembly Bill 83
  The enacted legislation relates to insurance by providing for administrative supervision of insurers and other entities by the Commissioner of Insurance. It provides for the regulation of network plans. It  revises provisions relating to medical malpractice insurance, the general regulation of insurers, reinsurance, motor  vehicle  insurance,  industrial  insurance, health insurance in general, health benefit plans in general, funeral and burial services, individual health insurance, group and blanket health insurance, health insurance for small employers, service contracts, credit personal property insurance, nonprofit corporations for hospital, medical and dental service, health maintenance organizations, plans for dental care, prepaid limited health service organizations and managed care organizations.  The legislation revises provisions relating to the confidentiality    of certain documents and other information. It revises various references to insurance agents and    The legislation repeals various    provisions   governing summaries of coverage, loss prevention, disclosures of certain information, continuation of coverage and insurance requirements for prepaid limited health service organizations the legislation provides a penalty for violations.  Effective Date July 1, 2017.
• Senate Bill 59
  Existing law requires the State Board of Pharmacy and the Investigation Division of the Department of Public Safety to develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV filled by a pharmacy or dispensed by a practitioner registered with the Board. The program is required to be designed to provide information regarding: (1) the inappropriate use by a patient of certain controlled substances to pharmacies, practitioners and appropriate state and local governmental agencies to prevent the improper or illegal use of such controlled substances; and (2) statistical data relating to the use of those controlled substances. (NRS 453.162) Sections 2-3 of this bill expand the scope of the program to also track each prescription for a controlled substance listed in schedule V. Existing law requires the Board to allow certain law enforcement officers to have Internet access to the database of the program only for investigating a crime related to prescription drugs. (NRS 453.165) Section 4 of this bill instead requires the Board to allow an employee of a law enforcement agency to have Internet access to the database of the program under certain circumstances only for certain purposes.   Section 1.3 of this bill requires a law enforcement officer who has probable cause to believe that a violation of chapter 453 of NRS concerning prescribed controlled substances has occurred or who receives a report of a stolen prescription for a controlled substance while acting in his or her official capacity and in the regular course of an investigation to report certain information to his or her employer. Section 1.3 requires a coroner, medical examiner or deputy thereof who determines, as the result of an investigation of the death of a person, that the person died as the result of using a prescribed controlled substance, to upload certain information to the database of the program or, if the coroner, medical examiner or deputy thereof does not have such access, report such information to a coroner, medical examiner or deputy thereof who has access to the database. Section 1.3 also requires the employer of the law enforcement officer or a coroner, medical examiner or deputy thereof to upload such reported information to the database of the program as soon as practicable after receiving the information except where the employer of a law enforcement officer determines that uploading the information will interfere with an active criminal investigation. In that case, the employer may postpone uploading the information until after the conclusion of the investigation. Section 1.3 further provides that each law enforcement officer, employer of a law enforcement officer, coroner, medical examiner or deputy of a coroner or medical examiner who makes a good faith effort to comply with section 1.3, or a regulation adopted pursuant thereto, is immune from civil and criminal liability for any act or omission relating to the transmission of information pursuant to section 1.3. Section 1.6 of this bill authorizes a coroner, medical examiner or deputy thereof who meets certain requirements to access the database of the computerized program to: (1) upload information concerning the death of a person due to using a prescribed controlled substance; or (2) investigate the death of a person. Section 4 authorizes an employee of a law enforcement agency to access the database of the program to upload the information required by section 1.3.   Existing law requires a practitioner to obtain a patient utilization report from the computerized program before initiating a prescription for a controlled substance listed in schedule II, III or IV. Section 5.5 of this bill additionally requires a practitioner to obtain such a report before initiating a prescription for an opioid that is a controlled substance listed in schedule V.  Effective Date July 1, 2017.

LEGISLATIVE ACTIONS:

• Assembly Bill 12
  In Nevada, existing law prohibits a person from acting as or holding himself or herself out to be an adjuster without a license. (NRS 684A.040) Section 7 of this bill requires certain natural persons who hold a license as an adjuster to complete certain courses of continuing education before the license may be renewed. Section 8 of this bill requires an adjuster to adhere to certain standards of conduct. Section 9 of this bill provides for the issuance of nonresident licenses as an adjuster. Section 10 of this bill authorizes the Commissioner of Insurance to promulgate reasonable regulations relating to adjusters. Section 15.5 of this bill authorizes the Commissioner to license an individual as a company adjuster or a staff adjuster, in addition to the current types of licensure. (NRS 684A.050).  Section 17 of this bill provides for the temporary emergency licensure of natural persons as adjusters in the event of a declared catastrophe. Section 17 also imposes upon an applicant for a temporary emergency license the requirement to pay all fees that apply to an adjuster. Section 21 of this bill exempts a person who is licensed as an adjuster in another state from the requirement to pass an examination before being issued a license in this State in certain circumstances. Section 22 of this bill authorizes the Commissioner to enter into a contract with a nongovernmental entity to perform ministerial duties relating to licensing. Sections 12, 14, 15-20 and 23-25 of this bill make various revisions relating to the licensing of adjusters. Effective Date May 19, 2017.

• Assembly Bill 35
  Existing law authorizes the Commissioner of Insurance to regulate insurance in this State. (NRS 679B.120) Sections 1 and 2 of this bill revise provisions governing examinations of insurers. Section 3 of this bill makes a conforming change related to section 1.   Existing law authorizes a domestic insurer to organize or acquire one or more subsidiaries and requires certain insurers contained within such an insurance holding company system to register with the Commissioner. (NRS 692C.130, 692C.260).  Existing law also requires an insurer or insurance group to regularly conduct an Own Risk and Solvency Assessment and submit a summary report to the Commissioner. (NRS 692C.3512, 692C.3514).  Sections 5-12 of this bill adopt certain provisions of the National Association of Insurance Commissioners’ Corporate Governance Annual Disclosure Model Act.  Section 7 requires certain insurers or insurance groups to annually submit to the Commissioner of Insurance a corporate governance annual disclosure and specifies the contents of the corporate governance annual disclosure. Section 9 authorizes the Commissioner to adopt regulations setting forth instructions for the preparation of a corporate governance annual disclosure.  Section 10 makes a corporate governance annual disclosure and certain other documents, materials and information confidential and authorizes the Commissioner to share such items in certain circumstances. Section 11 authorizes the Commissioner to retain third-party consultants and enter into certain agreements to assist in the performance of his or her regulatory duties.  Sections 13-16 of this bill adopt certain provisions of the National Association of Insurance Commissioners’ Insurance Holding Company System Regulatory Act. Section 16 authorizes the Commissioner to act as the group-wide supervisor for an internationally active insurance group in certain circumstances. Section 16 authorizes an insurance holding company system which does not qualify as an internationally active insurance group to request that the Commissioner determine or acknowledge a group-wide supervisor for the insurance holding company system. Section 16 provides for the Commissioner to determine whether the Commissioner or another person is the appropriate group-wide supervisor for an internationally active insurance group. Section 16 authorizes the Commissioner to cooperate with other regulatory officials and enter into agreements with or obtain documentation from certain persons or entities. Finally, section 16 requires an insurer subject to the section to pay the reasonable expenses of the Commissioner in administering the section.  Existing law provides for the creation of captive insurers and their regulation by the Commissioner. (NRS 694C.180, 694C.195, 694C.200) Sections 21-27 of this bill add to and revise the provisions governing captive insurers, including, without limitation, state-chartered risk retention groups. Sections 22 and 25 provide for specified existing law to apply to state-chartered risk retention groups. Section 27 revises provisions governing reports and statements which must be filed by captive insurers and state-chartered risk retention groups. Sections 21, 23 and 24 make conforming changes related to sections 22 and 25.  Effective Day May 8, 2017.

• Assembly Bill 63
  Current law requires the Court Administrator to adopt regulations which, subject to the availability of funding, establish a program for the certification of court interpreters and procedures for the appointment of alternate court interpreters. (NRS 1.510) This bill requires an applicant for a certificate as a court interpreter or appointment as an alternate court interpreter to submit to the Court Administrator with his or her application:

(1) a complete set of his or her fingerprints; and

(2) written permission authorizing the Court Administrator to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for reports thereafter upon renewal, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.   Effective Date May 23, 2017.

REGULATORY ACTIVITY:

• The Board for the Administration of the Subsequent Injury Account for Self-Insured Employers held a public meeting on April 19, 2017 at 10:00 a.m., at 1301 North Green Valley Parkway, Conference Room B, Henderson, Nevada.
• The Board for the Administration of the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers held a public meeting on April 13, 2017, 10:00 AM, at 1301 North Green Valley Parkway, Conference Room B, Henderson Nevada.