1983, 325, 1294; 1985, 574; 1987, 2148; 1991, 2412; 1993, 723, 1865; 1995, 579; 1999, 1784; 2001, 961) NRS 616C.265 Election by employer to provide accident benefits; reporting requirements; payment of assessments. 1. Except as otherwise provided in NRS 616C.280, every employer operating under chapters 616A to 616D, inclusive, of NRS, alone or together with other employers, may make arrangements to provide accident benefits as defined in those chapters for injured employees. 2. Employers electing to make such arrangements shall notify the Administrator of the election and render a detailed statement of the arrangements made, which arrangements do not become effective until approved by the Administrator. 3. Every employer who maintains a hospital of any kind for his employees, or who contracts for the hospital care of injured employees, shall, on or before January 30 of each year, make a written report to the Administrator for the preceding year, which must contain a statement showing: (a) The total amount of hospital fees collected, showing separately the amount contributed by the employees and the amount contributed by the employers; (b) An itemized account of the expenditures, investments or other disposition of such fees; and (c) What balance, if any, remains. 4. Every employer who provides accident benefits pursuant to this section: (a) Shall, in accordance with regulations adopted by the Administrator, make a written report to the Division of his actual and expected annual expenditures for claims and such other information as the Division deems necessary to calculate an estimated or final annual assessment and shall, to the extent that the regulations refer to the responsibility of insurers to make such reports, be deemed to be an insurer. (b) Shall pay the assessments collected pursuant to NRS 232.680 and 616A.430. 5. The reports required by the provisions of subsections 3 and 4 must be verified: (a) If the employer is a natural person, by the employer; (b) If the employer is a partnership, by one of the partners; (c) If the employer is a corporation, by the secretary, president, general manager or other executive officer of the corporation; or (d) If the employer has contracted with a physician or chiropractor for the hospital care of injured employees, by the physician or chiropractor. 6. No employee is required to accept the services of a physician or chiropractor provided by his employer, but may seek professional medical services of his choice as provided in NRS 616C.090. Expenses arising from such medical services must be paid by the employer who has elected to provide benefits, pursuant to the provisions of this section, for his injured employees. 7. Every employer who fails to notify the Administrator of such election and arrangements, or who fails to render the financial reports required, is liable for accident benefits as provided by NRS 616C.255. [Part 58:168:1947; 1943 NCL § 2680.58]—(NRS A 1973, 602; 1975, 796; 1981, 1475; 1983, 427; 1985, 1544; 1991, 2413; 1993, 1866; 2001, 2454) NRS 616C.270 Employers to notify Administrator when injured employee receives medical services. 1. Every employer who has elected to provide accident benefits for his injured employees shall prepare and submit a written report to the Administrator: (a) Within 6 days after any accident if an injured employee is examined or treated by a physician or chiropractor; and (b) If the injured employee receives additional medical services. 2. The Administrator shall review each report to determine whether the employer is furnishing the accident benefits required by chapters 616A to 616D, inclusive, of NRS. 3. The content and form of the written reports must be prescribed by the Administrator. (Added to NRS by 1977, 393; A 1981, 1476; 1985, 1545)—(Substituted in revision for NRS 616.417) NRS 616C.275 Change of physicians, chiropractors or other requirements; cost of change borne by insurer; cause of action of injured employee assigned to private carrier. 1. If the Administrator finds that the employer is furnishing the requirements of accident benefits in such a manner that there are reasonable grounds for believing that the health, life or recovery of the employee is being endangered or impaired thereby, or that an employer has failed to provide benefits pursuant to NRS 616C.265 for which he has made arrangements, the Administrator may, upon application of the employee, or upon his own motion, order a change of physicians or chiropractors or of any other requirements of accident benefits. 2. If the Administrator orders a change of physicians or chiropractors or of any other accident benefits, the cost of the change must be borne by the insurer. 3. The cause of action of an injured employee against an employer insured by a private carrier must be assigned to the private carrier. [Part 58:168:1947; 1943 NCL § 2680.58]—(NRS A 1973, 602; 1975, 797; 1981, 1168, 1476; 1985, 308, 1545; 1993, 724; 1995, 2027; 1999, 1785) NRS 616C.280 Withdrawal of approval for employer to provide accident benefits: Grounds supporting withdrawal. The Administrator may withdraw his approval of an employer’s providing accident benefits for his employees and require the employer to pay the premium collected pursuant to NRS 616C.255 if the employer intentionally: 1. Determines incorrectly that a claimed injury did not arise out of and in the course of the employee’s employment; 2. Fails to advise an injured employee of his rights under chapters 616A to 616D, inclusive, or chapter 617 of NRS; 3. Impedes the determination of disability or benefits by delaying a needed change of an injured employee’s physician or chiropractor; 4. Causes an injured employee to file a legal action to recover any compensation or other medical benefits due him from the employer; 5. Violates any of his or the Division’s regulations regarding the provision of accident benefits by employers; or 6. Discriminates against an employee who claims benefits under chapters 616A to 616D, inclusive, or chapter 617 of NRS. (Added to NRS by 1983, 426; A 1985, 1545; 1997, 1438; 1999, 225) NRS 616C.285 Withdrawal of approval for employer to provide accident benefits: Request for hearing; notice of decision. 1. If an employer requests a hearing concerning the withdrawal of approval pursuant to NRS 616C.280, the Administrator shall set a date for a hearing within 20 days after receiving the request, and shall give the employer at least 10 business days’ notice of the time and place of the hearing. 2. A record of the hearing must be kept, but it need not be transcribed unless it is requested by the employer and he pays the cost of transcription. 3. Within 5 business days after the hearing, the Administrator shall either affirm or disaffirm the withdrawal of approval and give the employer written notice thereof by certified mail or electronic transmission. (Added to NRS by 1983, 427; A 1997, 1438) CONTESTED CLAIMS NRS 616C.295 Duties of Chief of Hearings Division of Department of Administration. 1. The Chief of the Hearings Division shall: (a) Prescribe by regulation the qualifications and training required before a person may, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, serve as a hearing officer. Training for a hearing officer must include techniques of mediation. (b) Provide for the expediting of the hearing of cases that involve the termination or denial of compensation. 2. From the cases heard each year by hearing officers and appeals officers regarding claims for benefits by injured employees, the Chief of the Hearings Division shall prepare an annual report which itemizes, on the basis of each insurer and third-party administrator, the

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