Nevada Administrative Code

NAC 616B.982 Low wage is not ground to reopen claim. (NRS 616B.028) The fact that an offender has earned a relatively low wage during incarceration is not a ground for the reopening of a claim. (Added to NAC by Div. of Industrial Relations by R072-99, eff. 10-28-99)

NAC 616B.984 No right to reject coverage. (NRS 616B.028) An offender who is confined in an institution or facility operated by the Department of Corrections may not reject coverage if the Director of the Department of Corrections has obtained coverage under the modified program o…

NAC 616B.986 Civil rights not restored. (NRS 616B.028) The provisions of NAC 616B.960 to 616B.986, inclusive, do not restore, in whole or in part, any of the civil rights of an offender. (Added to NAC by Div. of Industrial Relations by R072-99, eff. 10-28-99) APPEALS PANEL FOR IN…

NAC 616B.990 Definitions. (NRS 616B.790) As used in NAC 616B.990 to 616B.994, inclusive, unless the context otherwise requires, the words and terms defined in NAC 616B.9902 to 616B.991, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Comm’r of In…

NAC 616B.9902 “Chair” defined. (NRS 616B.790) “Chair” means the Chair of the Appeals Panel elected pursuant to NRS 616B.762. (Added to NAC by Comm’r of Insurance by R006-03, eff. 12-16-2003)

NAC 616B.9904 “Division of Insurance” defined. (NRS 616B.790) “Division of Insurance” means the Division of Insurance of the Department of Business and Industry. (Added to NAC by Comm’r of Insurance by R006-03, eff. 12-16-2003)

NAC 616B.9906 “Intervener” defined. (NRS 616B.790) “Intervener” means a person who has been granted leave to intervene in a hearing pursuant to NAC 616B.9918. (Added to NAC by Comm’r of Insurance by R006-03, eff. 12-16-2003)

NAC 616B.9908 “Petitioner” defined. (NRS 616B.790) “Petitioner” means any policyholder or employer, other than a self-insured employer, who files a grievance pursuant to NRS 616B.772. (Added to NAC by Comm’r of Insurance by R006-03, eff. 12-16-2003)

NAC 616B.991 “Respondent” defined. (NRS 616B.790) “Respondent” means any person who is asked to respond to an appeal, including, without limitation, a private carrier or the advisory organization. (Added to NAC by Comm’r of Insurance by R006-03, eff. 12-16-2003)

NAC 616B.9912 Scope and construction; deviation. (NRS 616B.790) 1. Except as otherwise provided in this section, the provisions of NAC 616B.990 to 616B.994, inclusive: (a) Govern all practices and procedures for a hearing held pursuant to NRS 616B.760 to 616B.790, inclusive; and …

NAC 616B.9914 Meetings. (NRS 616B.790) All meetings of the Appeals Panel must be conducted in compliance with the provisions of chapter 241 of NRS. (Added to NAC by Comm’r of Insurance by R006-03, eff. 12-16-2003) Hearings

NAC 616B.9916 Request for hearing: Submission; contents; withdrawal. (NRS 616B.772, 616B.790) 1. To file a grievance with the Appeals Panel pursuant to NRS 616B.772, the petitioner must submit a written request for a hearing by United States mail or by electronic means in the man…

NAC 616B.9918 Participation in hearing as intervener. (NRS 616B.790) 1. A person, other than an original party to a hearing, who believes that he or she may be directly and immediately affected by the hearing and who wishes to participate in the hearing as an intervener, must sec…

NAC 616B.992 Conflict of interest of member who represents Division of Insurance. (NRS 616B.782, 616B.790) A member of the Appeals Panel who represents the Division of Insurance shall be deemed not to have a conflict of interest pursuant to NRS 616B.782 with respect to the Divisi…

NAC 616B.9922 Setting and notice of hearing. (NRS 616B.777, 616B.790) 1. Not later than 30 days after the receipt of a request for a hearing, the Chair shall set a date for the hearing. The hearing must be conducted not later than 90 days after the receipt of the request for a he…

NAC 616B.9924 Prehearing conference. (NRS 616B.790) 1. Upon the motion of the Chair or a party, the Chair may hold a prehearing conference: (a) To formulate or simplify the issues; (b) To obtain documents that will avoid unnecessary delays; (c) To arrange for the exchange of prop…

NAC 616B.9926 Appearance and representation of parties. (NRS 616B.790) 1. A party to a hearing may appear at the hearing: (a) In person; (b) By an attorney or other authorized representative; or (c) As provided in subsection 2. 2. If a party is not a natural person, the party may…

NAC 616B.9928 Closure of hearings to public. (NRS 616B.780, 616B.790) 1. If a petitioner believes the Appeals Panel will be considering proprietary information, the petitioner may request that the hearing be closed to the public pursuant to NRS 616B.780. 2. If the Appeals Panel d…

NAC 616B.993 Conduct of hearings. (NRS 616B.790) 1. The Appeals Panel shall conduct hearings as informally as possible under the circumstances. 2. The Appeals Panel shall direct their efforts toward promoting consistency and fairness in all decisions while ensuring compliance wit…

NAC 616B.9932 Filing of briefs and statements of facts. (NRS 616B.790) 1. During any hearing, the Chair may formally order any party to the hearing to file a brief or a statement of facts with the Chair by a date set by the Chair. 2. The party shall file with the Chair the brief …

NAC 616B.9934 Burden of proof; order of presentation; continuances and recesses; failure of petitioner to appear. (NRS 616B.790) 1. The petitioner has the burden of proof in a hearing. 2. During each hearing, unless otherwise ordered by the Chair in a specific case, the Chair and…

NAC 616B.9936 Rules of evidence. (NRS 616B.790) 1. Hearings will not be conducted according to the technical rules of evidence. Any relevant evidence may be admitted, except where precluded by law, if it is of a type commonly relied upon by reasonable and prudent persons in the c…

NAC 616B.9938 Transcripts and recordings of hearings. (NRS 616B.790) 1. If a party wishes to obtain a transcript of a hearing, that party must: (a) Furnish a reporter; (b) Pay for the transcript; and (c) Deliver a copy of the transcript to the Division of Insurance not later than…

NAC 616B.994 Rendering of decisions; appeals. (NRS 616B.785, 616B.787, 616B.790) 1. The decision of the Appeals Panel: (a) Must be in writing; (b) Must include a statement of facts, an analysis and an opinion; (c) Must include a statement regarding the right of the parties to app…

NAC 616C.001 Definitions. (NRS 616A.400) As used in this chapter, unless the context otherwise requires: 1. The words and terms defined in: (a) NRS 616A.030 to 616A.360, inclusive; and (b) NAC 616A.015 to 616A.275, inclusive, Ê have the meanings ascribed to them in those sections…

NAC 616C.002 Adoption by reference of American Medical Association’s Guides to the Evaluation of Permanent Impairment. (NRS 616A.400, 616C.110) 1. For the purposes of NRS 616B.557, 616B.578, 616B.587, 616C.105, 616C.392, 616C.490 and 617.459, the Division hereby adopts by referen…

NAC 616C.003 Panel of physicians and chiropractic physicians: Appointment of members. (NRS 616A.400, 616C.090) The Administrator will appoint to the panel of physicians and chiropractic physicians described in NRS 616C.090 only physicians and chiropractic physicians who: 1. Are l…

NAC 616C.006 Panel of physicians and chiropractic physicians: Disciplinary action against members. (NRS 616A.400, 616C.090) The Administrator will issue a warning to a physician or chiropractic physician on the panel of physicians and chiropractic physicians, or suspend or remove…

NAC 616C.009 Panel of physicians and chiropractic physicians: Notice to member of suspension or removal; suspension or removal without notification authorized. (NRS 616A.400, 616C.090) 1. Except as otherwise provided in subsection 3, the Administrator may suspend or remove for ca…

NAC 616C.012 Panel of physicians and chiropractic physicians: Notification of interested persons regarding suspension or removal. (NRS 616A.400, 616C.090) The Administrator will: 1. Immediately advise all insurers, third-party administrators and organizations for managed care loc…

NAC 616C.015 Panel of physicians and chiropractic physicians: Petition for hearing on suspension or removal. (NRS 616A.400, 616C.090) 1. Any physician or chiropractic physician suspended or removed from the panel of physicians and chiropractic physicians may petition the Administ…

NAC 616C.018 Panel of physicians and chiropractic physicians: Hearing and decision on appeal of suspension or removal. (NRS 616A.400, 616C.090) 1. The Administrator will schedule a hearing for a physician or chiropractic physician suspended or removed from the panel of physicians…

NAC 616C.021 Rating physician or chiropractic physician: Designation; qualifications; maintenance of designation; authority; review of rating evaluation by Administrator. (NRS 616A.400, 616C.490) 1. The designation of a rating physician or chiropractic physician pursuant to NRS 6…

NAC 616C.023 Rating physician or chiropractic physician: Establishment of panel to review ratings evaluations. (NRS 616A.400, 616C.490) 1. The Administrator will establish a panel to review ratings evaluations conducted by physicians and chiropractic physicians pursuant to NRS 61…

NAC 616C.024 Rating physician or chiropractic physician: Disciplinary action. (NRS 616A.400, 616C.490) 1. The Administrator will issue a warning to any physician or chiropractic physician on the list of rating physicians and chiropractic physicians designated pursuant to NRS 616C…

NAC 616C.027 Review of reduction, denial or nonpayment of bill; appeal of determination upon review. (NRS 616A.400, 616C.135, 616C.260) 1. A provider of health care whose bill has been denied or reduced or is not paid in a timely manner may, within 60 days after receiving notice …

NAC 616C.030 Provision of list of providers authorized to provide services to injured employee. (NRS 616A.400, 616C.090) Upon the receipt of a written request from an injured employee, his or her representative, or his or her treating physician or chiropractic physician, the: 1. …

NAC 616C.040 Scope. (NRS 616A.400, 616C.265) The provisions of NAC 616C.040 to 616C.055, inclusive, apply to all employers who elect and have been approved by the Administrator to provide accident benefits for their employees pursuant to NRS 616C.265. [Industrial Comm’n, No. 33.0…

NAC 616C.043 Requirements for employer providing benefits. (NRS 616A.400, 616C.265) An employer who makes arrangements to provide accident benefits shall: 1. Have adequate resources to ensure payment of accident benefits during any period of adverse loss experience; 2. Ensure tha…

NAC 616C.046 Financial qualifications. (NRS 616A.400, 616C.265) 1. An employer who was not providing accident benefits pursuant to NRS 616C.265 on June 30, 1977, must: (a) Be a corporation having a net worth of at least $2,500,000; or (b) Be an entity of the State or its politica…

NAC 616C.052 Contents of arrangement by employer. (NRS 616A.400, 616C.265) An arrangement by an employer to provide accident benefits must include, without limitation: 1. Written instructions to his or her employees specifying procedures to be followed for the payment of accident…

NAC 616C.054 Motor vehicle as accident benefit; duties and responsibilities of injured employee; exception. (NRS 616A.400, 616C.245) 1. Within 30 days after receipt from a treating physician of medical documentation satisfying the requirements of subsection 2 of NRS 616C.245, the…

NAC 616C.055 Reports required. (NRS 616A.400, 616C.265) 1. Each employer who elects to provide accident benefits pursuant to NRS 616C.265 shall submit the following reports for all injuries: (a) An employer’s report of an industrial injury, on a form approved by the Administrator…

NAC 616C.070 “Insurer” defined. (NRS 616A.400) As used in NAC 616C.070 to 616C.336, inclusive, “insurer” includes any employer who provides accident benefits for injured employees pursuant to NRS 616C.265. (Added to NAC by Div. of Industrial Relations, eff. 11-10-93; A by R150-04…

NAC 616C.072 “Employer” and “notified” interpreted. (NRS 616A.400, 616C.065, 616C.140) The Administrator will interpret: 1. “Employer,” as used in NRS 616C.140, to include, without limitation, a former employer of an injured employee that is found liable for payment of a claim fo…

NAC 616C.0725 “Insurer” and “receipt” interpreted. (NRS 616A.400) As used in NRS 616C.065, the Administrator interprets: 1. The term “insurer” to include a third-party administrator. 2. The term “receipt” to mean a written acknowledgment from the United States Postal Service of i…

NAC 616C.073 Claims: Forms; filing; electronic transmission. (NRS 616A.400, 616A.417, 616B.227, 616C.020, 616C.040, 616C.045) 1. A claim for compensation must be printed or typed, properly titled, signed and dated by the person filing the claim or the person’s attorney or other r…