Nevada Administrative Code

NAC 616B.029 Report of change in ownership of business. (NRS 616A.400) An employer covered by a policy for workers’ compensation shall immediately report to his or her insurer any change in the ownership of the ongoing business. (Added to NAC by Div. of Industrial Relations by R1…

NAC 616B.100 Definitions. (NRS 616A.400) As used in NAC 616B.100 to 616B.148, inclusive, unless the context otherwise requires, the words and terms defined in NAC 616B.106, 616B.109 and 616B.118 have the meanings ascribed to them in those sections. (Added to NAC by Div. of Indust…

NAC 616B.106 “Binder” defined. (NRS 616A.400) “Binder” has the meaning ascribed to it in NRS 687B.015. (Added to NAC by Div. of Industrial Relations by R071-99, eff. 10-29-99)

NAC 616B.109 “Designated agent” defined. (NRS 616A.400) “Designated agent” means the agent who is authorized by the Administrator to receive proof of coverage from a private carrier or an association, or its representative, and submit that proof of coverage to the Administrator. …

NAC 616B.118 “Proof of coverage” defined. (NRS 616A.400) “Proof of coverage” means the information relating to the verification of industrial insurance coverage for employers in this State. (Added to NAC by Div. of Industrial Relations by R071-99, eff. 10-29-99)

NAC 616B.121 Adoption by reference of certain publications. (NRS 616A.400) The Administrator hereby adopts by reference the following publications: 1. EDI Implementation Guide for Proof of Coverage, which is published by the International Association of Industrial Accident Boards…

NAC 616B.124 Private carrier: Duty to submit proof to designated agent. (NRS 616A.400, 616B.460, 616B.461) For the purposes of complying with the provisions of subsection 2 of NRS 616B.460 and NRS 616B.461, a private carrier shall submit proof of coverage to the designated agent.…

NAC 616B.127 Private carrier: Period for submission of proof; duty upon replacement of binder. (NRS 616A.400, 616B.461) 1. A private carrier shall submit proof of coverage to the designated agent within 15 days after the effective date of the: (a) Issuance of a policy or binder o…

NAC 616B.133 Private carrier: Methods for submission of proof and other information. (NRS 616A.400, 616A.417, 616B.461) 1. A private carrier shall submit proof of coverage to the designated agent by: (a) Electronic transmission; or (b) The United States Postal Service or any othe…

NAC 616B.136 Employer: Provision of proof to insurer and Administrator; notification of previous insurer of cancellation of former policy. (NRS 616A.400, 616B.460) 1. An employer shall, upon request, provide proof of coverage to its insurer and to the Administrator in the manner …

NAC 616B.139 Designated agent: Fee for certain services; provision of instructions for submission of proof. (NRS 616A.400, 616B.461) The designated agent may charge a private carrier a fee in an amount that does not exceed the cost of receiving, processing and submitting proof of…

NAC 616B.148 Notification of Administrator regarding operation of employer without insurance. (NRS 616A.400) An insurer shall, within 5 working days after it obtains information that an employer may have operated in this State without industrial insurance, give written notice of …

NAC 616B.400 Purpose. (NRS 616A.400, 679B.130) The purpose of NAC 616B.400 to 616B.496, inclusive, is to set forth: 1. The standards and procedures of the Commissioner for certifying self-insured employers; and 2. The regulations of the Administrator governing the operation of se…

NAC 616B.403 Definitions. (NRS 679B.130) As used in NAC 616B.400 to 616B.496, inclusive, unless the context otherwise requires, the terms defined in chapters 616A to 617, inclusive, of NRS have the meanings ascribed to them therein. In addition, the words and terms defined in NAC…

NAC 616B.406 “Annual claims expenditures” defined. (NRS 616B.300, 679B.130) “Annual claims expenditures” means the total amount of money actually disbursed in a 12-month period by or on behalf of an employer as benefits against all past and current industrial insurance claims. [C…

NAC 616B.412 “Expected annual incurred cost of claims” defined. (NRS 616B.300, 679B.130) As used in NRS 616B.300, the Commissioner will interpret “expected annual incurred cost of claims” to mean the average of the annual claims expenditures of the employer during the immediately…

NAC 616B.415 “Governmental employer” defined. (NRS 679B.130) “Governmental employer” means the State, any county, city or school district, and all public and quasi-public corporations in this State. (Added to NAC by Comm’r of Insurance, eff. 1-4-91)—(Substituted in revision for N…

NAC 616B.418 “Program of self-insurance” defined. (NRS 616A.400, 679B.130) “Program of self-insurance” means a program of self-insured workers’ compensation established pursuant to chapters 616A to 617, inclusive, of NRS for which an employer has obtained a certificate from the C…

NAC 616B.424 Eligibility to self-insure. (NRS 616B.300, 679B.130) In order to be eligible to establish a program of self-insurance, an employer must: 1. Except as otherwise provided in NAC 616B.427 and 616B.433, be a legally qualified business entity having a tangible net worth o…

NAC 616B.427 Governmental employer: Qualification as self-insured employer. (NRS 616B.300, 679B.130) 1. To determine whether a governmental employer has the financial ability to qualify as a self-insured employer, the Commissioner will consider the use of fund accounting and waiv…

NAC 616B.430 Application to self-insure; fee. (NRS 616B.300, 679B.130) 1. Every employer desiring to qualify as a self-insured employer must apply to the Commissioner on forms provided by the Commissioner. The application must be signed by an executive officer of the corporation,…

NAC 616B.433 Determination of tangible net worth of employer; disallowance of certain assets; authority of Commissioner to accept additional deposit. (NRS 616B.300, 679B.130) 1. To enable the Commissioner to determine the tangible net worth of a self-insured employer, the employe…

NAC 616B.434 Determination of net cash flows of employer. (NRS 616B.300, 679B.130) For the purpose of determining net cash flows pursuant to paragraph (b) of subsection 1 of NRS 616B.300, a self-insured employer shall submit to the Commissioner: 1. Copies of the self-insured empl…

NAC 616B.436 Required deposit: Form; priority of payment in case of loss; administration of certain securities; evaluation of certain securities and assets. (NRS 616B.300, 679B.130) 1. Except as otherwise provided in subsection 3 of NRS 616B.300, a self-insured employer shall mee…

NAC 616B.439 Letter of credit: Requirements. (NRS 616B.300, 679B.130) 1. A letter of credit submitted by a self-insured employer to meet the requirements for his or her deposit pursuant to NAC 616B.436 must: (a) Include a clause stating that no document other than the demand for …

NAC 616B.442 Maintenance and review of documents to ensure adequacy of security deposit. (NRS 616B.300, 679B.130) A self-insured employer shall maintain such documents as are necessary to ensure the adequacy of the security deposit required by NRS 616B.300. To determine the accur…

NAC 616B.445 Authority of Commissioner to require guarantee of indemnification. (NRS 616B.300, 679B.130) A guarantee of indemnification may be required by the Commissioner from: 1. A parent corporation for its subsidiaries or affiliates; 2. Any partner for a partnership; or 3. An…

NAC 616B.448 Administration of self-insurance by employer or independent contractor. (NRS 616A.400, 679B.130) 1. A self-insured employer shall at all times maintain adequate resources for the administration of his or her program of self-insurance. After the program is established…

NAC 616B.451 Certificate of authority covering self-insured employer and any subsidiary or affiliated corporation: Procedure; requirements. (NRS 616B.312, 679B.130) 1. A self-insured employer may request that the Commissioner issue one certificate of authority to cover the employ…

NAC 616B.460 Annual report: Filing; signature; failure to file. (NRS 679B.130) 1. Every self-insured employer must file an annual report on forms supplied by the Commissioner as a condition to the continuance of his or her certificate of authority to self-insure. 2. The report mu…

NAC 616B.463 Estimated expenditures for claims; calculation of reserve for reopened claims. (NRS 679B.130) 1. A self-insured employer must calculate the estimated expenditure for each claim reported in the annual report. The estimated expenditure for a claim is the total liabilit…

NAC 616B.471 Purchase of annuity for payment of claim. (NRS 679B.130) 1. Except as otherwise provided in subsection 10, a self-insured employer may purchase an annuity payable to an employee who has filed a claim pursuant to chapters 616A to 617, inclusive, of NRS, or to the empl…

NAC 616B.472 Payment of claim with immediately negotiable instrument. (NRS 679B.130) A self-insured employer must issue all payments for claims, including payments made pursuant to an annuity, on instruments that are immediately negotiable in this State pursuant to NRS 687B.255 a…

NAC 616B.475 Reserve Account to Protect Against Insolvency: Creation; initial assessment. (NRS 616B.309, 679B.130) 1. The Commissioner hereby establishes the Reserve Account to Protect Against the Insolvency of Self-Insured Employers. 2. As a condition of certification, each self…

NAC 616B.478 Reserve Account to Protect Against Insolvency: Additional assessments; annual assessment; exceptions. (NRS 616B.309, 679B.130) 1. If, during the initial year of self-insurance, the employer adds an activity for which employees are covered by self-insurance, the emplo…

NAC 616B.481 Reserve Account to Protect Against Insolvency: Use; reimbursement by employer. (NRS 616B.309, 679B.130) 1. If a self-insured employer fails to pay compensation as a result of being insolvent as provided in NRS 616B.306, the Commissioner may use the Reserve Account, o…

NAC 616B.484 Reserve Account to Protect Against Insolvency: Special assessments; notification by mail; failure to pay; exception. (NRS 616B.309, 679B.130) 1. Except as otherwise provided in subsection 3, if the Commissioner determines that the balance in the Reserve Account is in…

NAC 616B.487 Cancellation of certificate by employer. (NRS 616B.312, 679B.130) A self-insured employer may at any time request in writing that his or her certificate to self-insure be cancelled. The Commissioner of Insurance will withdraw the certificate after the self-insurer: 1…

NAC 616B.490 Withdrawal of certificate: Grounds; procedure. (NRS 616A.400, 616B.318, 679B.130) 1. The failure of a self-insured employer to comply with the applicable statutes and regulations governing the administration of self-insured workers’ compensation is cause for withdraw…

NAC 616B.493 Withdrawal of certificate: Continuing jurisdiction; reports; audits. (NRS 616A.400, 616B.318, 679B.130) 1. After the withdrawal of a certificate, the Commissioner and Administrator retain jurisdiction over injuries sustained during the period of self-insurance until …

NAC 616B.496 Severability. (NRS 616A.400, 679B.130) If any provision of NAC 616B.400 to 616B.496, inclusive, or its application to any person, thing or circumstance is held to be invalid, the Commissioner and Administrator intend that the invalidity not affect the other provision…

NAC 616B.510 Definitions. (NRS 616A.400, 616B.446, 679B.130) As used in NAC 616B.510 to 616B.612, inclusive, unless the context otherwise requires, the words and terms defined in NAC 616B.513 to 616B.522, inclusive, have the meanings ascribed to them in those sections. (Added to …

NAC 616B.513 “Annual claims expenditures” defined. (NRS 616B.353, 616B.446, 679B.130) “Annual claims expenditures” means the total amount of money actually disbursed in a 12-month period by or on behalf of an association of self-insured public or private employers as benefits aga…

NAC 616B.516 “Association” defined. (NRS 616B.446, 679B.130) “Association” means an association of self-insured public or private employers. (Added to NAC by Comm’r of Insurance, eff. 3-22-96)

NAC 616B.519 “Division of Insurance” defined. (NRS 616B.446, 679B.130) “Division of Insurance” means the Division of Insurance of the Department of Business and Industry. (Added to NAC by Comm’r of Insurance, eff. 3-22-96)

NAC 616B.522 “Expected annual incurred cost of claims” defined. (NRS 616B.353, 616B.446, 679B.130) “Expected annual incurred cost of claims” means the average of the annual claims expenditures of all of the members of an association during the immediately preceding 36 months plus…

NAC 616B.525 Application for certification. (NRS 616B.350, 616B.446, 679B.130) In addition to the requirements of NRS 616B.350, an association’s application for certification must include: 1. A statement of the amount of the association’s money that the initial third-party admini…