Existing law establishes the Nevada Industrial Insurance Act and the Nevada Occupational Diseases Act, which provide for the payment of compensation to employees who are injured or disabled as a result of an occupational injury or occupational disease. (Chapters 616A-616D and 617 of NRS) Existing law provides for the payment of compensation for claims for the occupational diseases of lung disease and heart disease for certain firefighters, arson investigators and police officers. (NRS 617.455, 617.457) Existing law requires the Administrator of the Division of Industrial Relations of the Department of Business and Industry to maintain a panel of physicians and chiropractic physicians to treat the injured employees of certain employers under the Nevada Industrial Insurance Act and the Nevada Occupational Diseases Act. (NRS 616C.087, 616C.090) Existing law authorizes an injured employee to choose a treating physician or chiropractic physician from the panel unless the insurer of the injured employee's employer has entered into certain contracts with an organization for managed care or with providers of health care, in which case the injured employee is required to choose a physician or chiropractic physician in accordance with the provisions of the contract. (NRS 616C.090) Sections 1, 2 and 4 of this bill provide an exception from those requirements to authorize certain injured employees who have filed a claim for the occupational diseases of lung disease or heart disease to seek treatment or other services from a physician or chiropractic physician of his or her own choice, who meets certain other requirements, if the panel of treating physicians or chiropractic physicians maintained by the Administrator contains fewer than 12 physicians or chiropractic physicians in a discipline or specialization appropriate for the treatment of or the provision of other services related to the occupational disease of the injured employee who are accepting new patients and available to make an appointment within 30 days. Sections 2, 4.1 and 4.3 of this bill also provide that the injured employee or certain other persons who pay for the treatment or services may seek full reimbursement for the costs of the treatment or services from the employer of the injured employee or certain other persons who are obligated to provide applicable coverage or benefits to the injured employee by providing a request for reimbursement, which includes certain specified contents. Section 2 requires a person from whom reimbursement is sought to fully reimburse the requester not later than 30 days after receiving notice of the request for reimbursement. Under section 2, if the person fails to fully reimburse the requester within that time, the Administrator is required to order the person to pay to the requester an amount that is equal to two times the amount of the reimbursement which remains unpaid on the date on which the Administrator issues the order. Sections 3 and 5 of this bill revise provisions of existing law relating to the selection of a treating physician or chiropractic physician to reflect the selection of a physician or chiropractic physician pursuant to section 2. Existing law authorizes an aggrieved party in a contested case relating to industrial insurance to: (1) request a hearing before a hearing officer; and (2) appeal from a decision of a hearing officer or from a determination made by certain parties. (NRS 616C.315, 616C.330, 616C.345, 616C.355) Sections 4.5, 4.7 and 4.9 of this bill authorize certain notices and other documents required in such hearings and appeals to be provided by means of an electronic filing system that complies with the Nevada Electronic Filing and Conversion Rules adopted by the Nevada Supreme Court.

Statutes affected:
As Introduced: 616B.527, 616C.050, 616C.090, 616C.475
Reprint 1: 616B.527, 616C.050, 616C.090, 616C.135, 616C.138, 616C.330, 616C.345, 616C.355, 616C.475
As Enrolled: 616B.527, 616C.050, 616C.090, 616C.135, 616C.138, 616C.330, 616C.345, 616C.355, 616C.475
BDR: 616B.527, 616C.050, 616C.090, 616C.475