616D, inclusive, or chapter 617 of NRS, or which may be used to determine a rate of payment pursuant to those chapters. 2. “Provider of health care” means a person who receives or attempts to receive payment from: (a) An insurer; (b) A third-party administrator; or (c) An organization for managed care which has contracted with an insurer or third-party administrator, for accident benefits provided or alleged to have been provided to an injured employee pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. 3. “Record” means any medical, professional or business record relating to: (a) The treatment or care of an injured employee; (b) Accident benefits provided to an injured employee; or (c) Rates paid for such accident benefits. (Added to NRS by 1993, 680; A 1995, 531, 1875)—(Substituted in revision for NRS 616.676) NRS 616D.360 Circumstances under which person is deemed to have knowledge of falsity or deemed to have made or caused certain action. For the purposes of NRS 616D.370 and 616D.380: 1. A person shall be deemed to know that a charge, statement or representation is false if he knows, or by virtue of his position, authority or responsibility has reason to know, of the falsity of the charge, statement or representation. 2. A person shall be deemed to have made or caused to be made a charge, statement or representation if he: (a) Had the authority or responsibility to: (1) Make the charge, statement or representation; (2) Supervise another person who made the charge, statement or representation; or (3) Authorize the making of the charge, statement or representation, whether by operation of law, business or professional practice or office procedure; and (b) Exercised that authority or responsibility or failed to exercise that authority or responsibility and, as a direct or indirect result, the charge, statement or representation was made. (Added to NRS by 1993, 681)—(Substituted in revision for NRS 616.677) NRS 616D.370 False charges, representations and statements; penalty. 1. A person shall not, by any act or omission: (a) Make a charge or cause it to be made knowing the charge to be false, in whole or in part; (b) Make or cause to be made a statement or representation for use in obtaining or seeking to obtain authorization to provide specific accident benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, knowing the statement or representation to be false, in whole or in part; or (c) Make or cause to be made a statement or representation for use by another person to obtain accident benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, knowing the statement or representation to be false, in whole or in part. 2. A person who violates any of the provisions of this section shall be punished: (a) If the amount of the charge or the value of the accident benefits obtained or sought to be obtained was $250 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution. (b) If the amount of the charge or the value of the accident benefits obtained or sought to be obtained was less than $250, for a misdemeanor, and must be sentenced to restore any accident benefits so obtained, if it can be done, or tender payment for rent or labor. (Added to NRS by 1993, 681; A 1995, 1308)—(Substituted in revision for NRS 616.678) NRS 616D.380 Invoices containing false information; signature required; presumption. 1. Each invoice for payment for accident benefits provided to an injured employee must: (a) Contain a statement that all matters stated therein are true and accurate; and (b) Be signed by a natural person who is the provider of health care or is authorized to act for the provider of health care. 2. A person who, by any act or omission, signs or submits, or causes to be signed or submitted, the statement required by subsection 1, knowing that the invoice contains information which is false, in whole or in part, is guilty of a gross misdemeanor. 3. For the purposes of this section, a person who signs on behalf of a provider of health care is presumed to have the authorization of the provider of health care and to be acting at his direction. 4. As used in this section, to “sign” means to affix a signature directly or indirectly by means of handwriting, a typewriter, a stamp, a computer impulse or other means. (Added to NRS by 1993, 681)—(Substituted in revision for NRS 616.679) NRS 616D.390 Certain acts relating to offer, payment, transfer, acceptance or solicitation of additional value prohibited; improper use of referral fees; exceptions; penalty. 1. Except as otherwise provided in subsection 2, a person shall not: (a) While acting on behalf of a provider of health care, purchase or lease goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and solicit or accept anything of additional value in return for or in connection with the purchase or lease; (b) Sell or lease to or for the use of a provider of health care goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and offer, transfer or pay anything of additional value in connection with or in return for the sale or lease; or (c) Refer a person to a provider of health care for accident benefits for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and solicit or accept anything of value in connection with the referral. 2. Paragraphs (a) and (b) of subsection 1 do not apply if the additional value transferred is: (a) A refund or discount made in the ordinary course of business; (b) Reflected by the books and records of the person transferring or receiving it; and (c) Reflected in the charges submitted to the insurer. 3. A provider of health care shall not offer, transfer or pay anything of value in connection with or in return for the referral to the provider of a patient for whom payment of accident benefits may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. 4. A person shall not, while acting on behalf of a provider of health care pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, charge, solicit, accept or receive anything of value in addition to the amount legally payable pursuant to any of those chapters in connection with the provision of the accident benefits. 5. A person who violates any provision of this section, if the value of the thing or any combination of things unlawfully solicited, accepted, offered, transferred, paid, charged or received: (a) Is less than $250, is guilty of a gross misdemeanor. (b) Is $250 or more, is guilty of a category D felony and shall be punished as provided in NRS 193.130. (Added to NRS by 1993, 682; A 1995, 1308; 1997, 3223) NRS 616D.400 Failure to maintain and make available necessary records; penalty. 1. A person who, upon submitting a charge for or upon receiving payment for accident benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, intentionally fails to maintain such records as are necessary to disclose fully the nature of the accident benefits for which a charge was submitted or payment was received, or such records as are necessary to disclose fully all income and expenditures upon which rates of payment were based, for at least 5 years after the date on which payment was received, is guilty of a gross misd

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