All Roll Calls
Yes: 62 • No: 0
NevadaSB31783rd Regular Session (2025)SenateWALLET
AN ACT relating to industrial insurance; revising certain requirements for an insurer or third-party administrator to maintain a physical office in this State; revising the circumstances under which the Administrator of the Division of Industrial Relations of the Department of Business and Industry may conduct certain inspections; revising provisions relating to the administration of certain claims; revising provisions relating to the calculation of certain premium costs; revising provisions relating to certain administrators; revising provisions relating to certain audits; revising provisions relating to certain subsequent injury accounts; authorizing the Administrator to adopt regulations relating to physician assistants; requiring the Administrator to adopt a certain formulary; revising provisions relating to an insurer's list of certain physicians and chiropractic physicians; establishing and revising various requirements for certain hearings relating to industrial insurance claims; revising provisions governing an injury or disease that is caused by stress; revising provisions governing motions to stay certain decisions and petitions for judicial review; revising requirements for payments for a period of temporary partial disability; revising the circumstances under which the Administrator may impose certain administrative fines; repealing provisions governing certain appeals and certain determinations of a percentage of disability; and providing other matters properly relating thereto.
Sponsored By: Skip Daly (Democratic)
Signed by Governor
BDR 53-625
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Bill Overview
Analyzed Economic Effects
30 provisions identified: 8 benefits, 3 costs, 19 mixed.
Large penalties paid to injured workers
If the Administrator finds certain violations, you can get a benefit penalty of $17,000 to $120,000. If the violation is a small or brief late payment, the penalty is $3,000. The penalty is paid directly to you (or your estate) within 15 days unless a court‑approved stay delays payment. The penalty does not reduce any other compensation you are owed. The Administrator considers harm to you and must keep proof of payment.
Cutoff for second‑injury reimbursements
Only later injuries on or before September 30, 2025 can be paid from the Subsequent Injury Account. Claims after that date are not eligible. A qualifying preexisting permanent impairment is still required.
Benefit cap now tied to state wages
For most non‑state workers, the yearly benefit cap equals 12 times the maximum average monthly wage. The Administrator sets that monthly wage each year by January 1 using the state’s average weekly wage. State or local agencies may elect to use this 12× rule. The cap can be higher or lower than the old $36,000.
New standard for impairment ratings
Permanent partial disability exams use the AMA Guides, Fifth Edition. Ratings look only at whole‑person physical impairment. If the Guides offer more than one method, the Administrator picks the method used for all exams.
Stress claims for first responders, state staff
First responders can get workers’ comp for a mental injury caused by directly seeing death, suicide, mass casualty events, or shocking grievous harm at work. They must show clear and convincing medical evidence and that the event was the main cause. State and local employees who respond to a mass casualty event can also qualify under the same clear‑and‑convincing standard. Agencies must give mental‑health awareness and response training to salaried and volunteer first responders.
Cutoff for subsequent injury claims
Claims against the Subsequent Injury Account are allowed only if the later injury causing disability happened on or before September 30, 2025. Claims for later injuries on or after October 1, 2025 are barred. This rule starts October 1, 2025.
Stronger penalties for fraud and misreporting
Insurers that misreport data used for assessments can be fined up to twice the underpaid assessment. If the Fraud Control Unit does not bring charges, the Administrator must fine up to $15,000 for certain fraud violations. Vocational rehab counselors can be fined up to $250 for the first violation, $500 for the second, and $1,000 for later violations. Two or more fines of $1,000 or more in a year count toward pulling certifications. After a hearing, the Commissioner can withdraw certifications for self‑insured employers, associations, or third‑party administrators. The Administrator may collect fines or benefit penalties from a required surety bond.
Early claim closure under $800
An insurer may close your claim in the first 12 months if medical payments are under $800. It must mail a clear notice and include a hearing form. The notice warns that if you do not appeal on time, or you lose, the claim cannot be reopened. The insurer must also explain any permanent partial disability review and the reasons for closure.
If care is denied, you may owe
If payment is denied only because care is not related to your work injury, the insurer must send the provider an itemized bill and send you a copy and a denial notice. The notice shows the amount, explains the reason, and includes a hearing form. If you do not appeal on time or you lose, you must pay the charges. To win, you must prove the services were related, or that prior authorization was given and not withdrawn before treatment.
New drug list and short transition
Insurers generally pay only for outpatient drugs on the required workers’ comp formulary. If a recommended drug is denied, you can appeal to a hearings officer. From July 1, 2027 until January 1, 2028, insurers may reimburse certain drugs dispensed after July 1, 2027 if the injury and the original prescription were dated January 1–July 1, 2027. This gives a short bridge as the new drug list takes effect.
Standard drug list and generic rules
The Administrator adopts the ODG drug list for outpatient prescriptions in workers’ comp. Insurers must follow it for outpatient drugs, but not for emergency or inpatient care. By July 1, 2027, the formulary must be in place and posted online. Insurers do not pay for drugs the list does not approve unless they grant an exception. Your doctor can ask for approval, and you can appeal a denial to a hearings officer. Doctors and nurse practitioners must use generics when an equivalent exists, unless it is worse for your health or costs more than the brand.
Stress claims: stricter proof, more providers
If you are not a first responder, stress‑related claims require clear and convincing medical, psychological, or psychiatric evidence. You must show a mental injury from extreme stress in danger, that a work event was the main cause, and that it was not from layoff, firing, or discipline. Gradual stress is usually not covered. Insurers must keep and submit a list of mental health providers you can choose from.
New rules to reopen old claims
The law sets clear rules for reopening a closed workers’ comp claim. If more than one year has passed, you must show a medical change mainly caused by the original injury and include a doctor’s certificate. If within one year, you also need objective medical proof and clear and convincing evidence of causation. Some claims closed under the small‑benefit rule cannot be reopened unless they were successfully appealed. If you retired or left the workforce before reopening, you cannot get vocational rehab or temporary total disability. In minor cases you must apply within one year, and insurers may discard the file if no application is filed in that year. Increases are not retroactive without good cause, but certified emergency care is covered. These rules apply no matter when you were hurt, and payments after reopening follow NRS 616C.425.
Partial disability pay and jail rules
If you are hurt at work, you get temporary partial disability equal to the difference between what you would get for temporary total disability and what you earn after the injury. These payments can last up to 24 months. You do not get these benefits while you are in jail. If you are released during the certified period and a doctor certifies you as temporarily partially disabled, payments start after release.
Workers’ comp fines and correction plans
Serious abuses draw fines of $1,500 for a first violation and $15,000 for repeats. Other violations are capped at $375 for the first, $750 for the second, $1,500 for the third, and $3,000 after that. If there is full compliance or no violations for 3 years, the fine is set at the initial $375. For small clerical errors with no financial harm, the Administrator can issue a correction notice and must combine similar errors across claims. The Administrator can also issue a correction notice for overpayments and can order a corrective action plan within 30 days.
Stronger access to claims and adjusters
Insurers must keep a Nevada office for claim access and offer a toll‑free phone line. If adjusters work outside Nevada, they must speak live with claimants Monday–Friday, 9 a.m.–5 p.m. Nevada time (except state holidays). Open claim records must be ready within 24 hours; closed claim records within 14 days. Licensed adjusters and approved third‑party administrators may work from outside Nevada if records stay available in Nevada or electronically. Unlicensed administrators must work from Nevada offices; very large self‑insured employers (30,000+ Nevada employees) may work from outside the state.
Faster, fairer workers’ comp hearings
Insurers must give hearing request forms for free. The Hearings Division sets officer codes of conduct, qualifications, and training. Cases that stop or deny checks get expedited hearings. A public calendar of hearings appears online, and an annual report shows results by insurer and TPA.
Keep your doctor; better provider lists
You can keep seeing your doctor or chiropractor even if your employer changes insurers or the doctor leaves the list, unless the doctor was removed for cause. The doctor must accept the agreed or a negotiated rate that does not exceed the fee schedule. Insurers must update doctor lists each year between September 1 and October 1, with an adjuster’s certification. The Administrator sets a common, searchable format, and insurers cannot be forced to use a private software system.
Mental health provider lists for stress claims
Insurers must keep a list of mental health providers who agreed to treat stress‑related work injuries. In counties with 100,000 or more people, each list must include at least 12 providers. Insurers must update and submit the list each year. If a listed provider will not treat you, you may pick any provider who accepts the fee schedule.
Physician assistants can do follow-ups
Your treating doctor may delegate routine follow‑up care to a physician assistant. The physician assistant must be employed by and supervised by your doctor. You must give informed consent. The Administrator sets detailed rules to keep care safe and within accepted standards.
Faster temporary partial disability payments
After the insurer gets your temporary partial disability claim, it must issue the first payment or a decision within 14 working days. This speeds up decisions on partial wage replacement.
Clear discovery rules in appeals
An appeals officer may allow discovery on motion and good cause. Requests for admission are not allowed. Discovery must be limited to what is needed and follow relevance and proportionality rules. To start discovery, you must get approval and file your requests and witness info; the other side has 5 days to oppose. After you start a claim and have a hearing on the merits, parties can use interrogatories and depositions under civil rules.
Doctor lists: audits and removal limits
Starting September 1, 2026 and every three years, insurers may audit their lists of treating doctors and chiropractors and remove providers from the list they file by October 1. Removals are limited to what the law allows, and in some cases the insurer must replace a removed provider within 60 days. The law also updates list filing and audit rules.
When new workers’ comp rules apply
The new rules apply to any workers’ comp claim that is open, filed, or reopened on or after the day the law was signed. Many sections take effect right away. Section 4.2 is effective now for rulemaking and on October 1, 2026 for everything else. Sections 9.5, 9.7, 15.5, and 32.7 are effective now for rulemaking and on July 1, 2027 for all other purposes.
Appeals and court review: firm deadlines
With a lawyer, parties can agree to skip a hearing officer, and some listed claims may go straight to an appeals officer. You must meet tight timelines: 30 days to appeal a hearing decision, and 70 days to contest listed denials; if the insurer stays silent 30 days, it is deemed denied. Filing an appeal does not pause the decision. If you ask for a stay, it is paused until the officer rules within 30 days; if denied, you must comply in 10 days. Appeals officers schedule hearings quickly (set within 10 days; held within 60–90 days with at least 30 days’ notice), require advance evidence sharing, and can continue cases for good cause; dates outside 60–90 days need all parties’ consent. You must finish the agency process before going to court. To seek judicial review, file within 30 days and attach the order; the winner must serve the final court decision on the appeals officer (and also file it in district court when required).
How to request a workers’ comp hearing
You cannot get a hearing date until you give the officer the names, claim number, and decision details. File your request within 70 days after the insurer mailed the decision. If the insurer does not answer your written request in 30 days, it counts as a denial you can appeal. You get 90 more days if you or a close family member has a qualifying terminal illness or death, and the clock pauses if the insurer did not send the decision as required. Late filing can be excused if you prove you never got the notice and forms. You must tell the insurer if your address changes. Hearings must be fast and informal when possible.
Tighter rules for workers’ comp appeals
If your employer is self‑insured, in a self‑insured group, or insured by a private carrier, you may use the standard workers’ comp dispute process. A decision can be paused only if the moving party shows three things: likely success on appeal, irreparable harm without a stay, and no irreparable harm to the other side. Decision‑makers cannot treat the ability to get money back later as ‘no harm.’ For occupational disease cases, you must complete the appeal first and file in court within 30 days of the appeals officer’s final decision, with a copy of that decision. Appeals officers and the Administrator may allow depositions and written questions under set limits. Two older workers’ comp sections are repealed.
New rules for self-insured employer groups
Associations of self-insured employers must base each member’s annual assessment on that member’s job classification rate, adjusted by the member’s experience. If the association sets the assessment, it must use at least five years of the member’s experience and get the Commissioner’s approval. Each year, the association must audit every member’s payroll, classifications, and assessment, and pay the audit costs. A surety may end bond liability with 90 days’ written notice, but liability already incurred stays in place. For reimbursement claims, the Administrator must recommend action within 30 days, and the State Treasurer must pay from the Subsequent Injury Account within 14 days after the Board’s written order.
New rules for self‑insured groups
Third‑party administrators for associations no longer must post a separate bond tied to faithful performance for each association. Associations must audit each member’s payroll at least once a year and may have to submit a summary report to the Commissioner.
One administrator for uninsured claims
The Division picks one certified third‑party administrator or one insurer to handle claims against the Uninsured Employers’ Claim Account. Self‑insured employers and their associations cannot be chosen. The selection uses competitive bidding rules.
Sponsors & Cosponsors
Sponsor
Skip Daly
Democratic • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 6/2/2025
Final Passage - Assembly (3rd Reprint)
Yes: 42 • No: 0
Senate vote • 5/27/2025
Final Passage - Senate (2nd Reprint)
Yes: 20 • No: 0
Actions Timeline
Chapter 503.
6/11/2025legislatureApproved by the Governor.
6/10/2025legislatureEnrolled and delivered to Governor.
6/6/2025legislatureTo enrollment.
6/4/2025SenateAssembly Amendment No. 937 concurred in.
6/2/2025SenateIn Senate.
6/2/2025SenateRead third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.
6/2/2025HouseTaken from General File. Placed on General File for next legislative day.
6/1/2025HouseFrom printer. To reengrossment. Reengrossed. Third reprint.
5/31/2025HouseRead second time. Amended. (Amend. No. 937.) To printer.
5/31/2025HousePlaced on Second Reading File.
5/31/2025HouseFrom committee: Amend, and do pass as amended.
5/31/2025HouseRead first time. Referred to Committee on Commerce and Labor. To committee.
5/28/2025HouseIn Assembly.
5/28/2025HouseFrom printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly.
5/28/2025SenateRead third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: None, Excused: 1.) To printer.
5/27/2025SenateReprinting dispensed with.
5/27/2025SenateRead third time. Amended. (Amend. No. 790.)
5/27/2025SenatePlaced on General File.
5/27/2025SenateFrom committee: Amend, and do pass as amended.
5/27/2025SenateFrom printer. To engrossment. Engrossed. First reprint. To committee.
4/24/2025SenateTaken from General File. Re-referred to Committee on Finance. Exemption effective. To printer.
4/21/2025SenateNotice of eligibility for exemption.
4/21/2025SenateRead second time. Amended. (Amend. No. 312.)
4/21/2025SenatePlaced on Second Reading File.
4/21/2025Senate
Bill Text
As Enrolled
As Introduced
Reprint 1
Reprint 2
Reprint 3
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