emeanor. 2. A person who fails to make such records available to the Attorney General or the Administrator upon reasonable request is guilty of a gross misdemeanor. 3. A person who intentionally destroys such records within 5 years after the date payment was received 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, 1309; 1999, 1801) NRS 616D.410 Conspiracy to commit prohibited acts. Any person who conspires with any other person to violate: 1. Any of the provisions of NRS 616D.200 is guilty of a misdemeanor. 2. Any of the provisions of NRS 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, is guilty of a gross misdemeanor. (Added to NRS by 1993, 684; A 1997, 3224) NRS 616D.420 Provider of health care convicted of fraudulent practice prohibited from receiving or accepting payment for accident benefits; penalty. 1. No provider of health care who has been convicted of violating any provision of NRS 616D.370 to 616D.410, inclusive, may, for 5 years after the date of the first conviction or at any time after the date of a second or subsequent conviction, receive or accept a payment 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. 2. A person who violates any provision of this section is guilty of a gross misdemeanor. (Added to NRS by 1995, 1872) NRS 616D.430 Civil penalties for person who receives payment or benefit to which he is not entitled. 1. A person who receives a payment or benefit to which he is not entitled by reason of a violation of any of the provisions of NRS 616D.300, 616D.370, 616D.380, 616D.390, 616D.400 or 616D.410 is liable in a civil action commenced by the Attorney General for: (a) An amount equal to three times the amount unlawfully obtained; (b) Not less than $5,000 for each act of deception; (c) An amount equal to three times the total amount of the reasonable expenses incurred by the State in enforcing this section; and (d) Payment of interest on the amount of the excess payment at the rate fixed pursuant to NRS 99.040 for the period from the date upon which payment was made to the date upon which repayment is made. 2. A criminal action need not be brought against a person who receives a payment or benefit to which he is not entitled by reason of a violation of any of the provisions of NRS 616D.300, 616D.370, 616D.380, 616D.390, 616D.400 or 616D.410 before civil liability attaches under this section. 3. A person who unknowingly accepts a payment in excess of the amount to which he is entitled is liable for the repayment of the excess amount. It is a defense to any action brought pursuant to this subsection that the person returned or attempted to return the amount which was in excess of that to which he was entitled within a reasonable time after receiving it. 4. Any repayment of money collected pursuant to paragraph (a) or (d) of subsection 1 must be paid to the insurer who made the payment to the person who violated the provisions of this section. Any payment made to an insurer may not exceed the amount paid by the insurer to that person. 5. Any penalty collected pursuant to paragraph (b) or (c) of subsection 1 must be used to pay the salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the State General Fund. (Added to NRS by 1993, 683; A 1995, 1875; 1999, 1801) NRS 616D.440 False claim for payment: Withholding by insurer of payment to provider of health care; procedure for withholding; appeal. 1. An insurer may withhold any payment due a provider of health care pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, in whole or in part, upon receipt of reliable evidence that the provider of health care knowingly made a false statement or representation or knowingly concealed a material fact to obtain the payment. The insurer may withhold such a payment without first notifying the provider of health care of its intention to do so. 2. The insurer shall, within 5 days after withholding such a payment, send notice of the withholding to the provider of health care by certified mail or electronic transmission. The notice must: (a) Set forth the factual basis for the withholding, but need not disclose specific information regarding the insurer’s investigation; (b) Indicate that the payment is being withheld pursuant to the provisions of this section; (c) Indicate that the payment is being withheld temporarily, as set forth in subsection 4, and describe the circumstances under which the withholding will be terminated; (d) Specify the charge submitted by the provider of health care for which the payment is being withheld; and (e) Notify the provider of health care of his right to appeal the withholding. 3. A provider of health care may appeal the decision of the insurer to withhold payment to an appeals officer pursuant to NRS 616C.360. 4. Any payment withheld pursuant to the provisions of this section must be made to the provider of health care if: (a) The insurer or the Attorney General determines that there is insufficient evidence to prove that the provider of health care knowingly made a false statement or representation or knowingly concealed a material fact to obtain the payment; or (b) A final judgment or decree was rendered in favor of the provider of health care in a criminal proceeding arising out of the alleged misconduct. (Added to NRS by 1993, 683; A 1997, 1444) REPORTING VIOLATIONS NRS 616D.550 Duty to report violations to Fraud Control Unit for Industrial Insurance. 1. An insurer, organization for managed care, health care provider, employer, third-party administrator or public officer who believes, or has reason to believe, that: (a) A fraudulent claim for benefits under a policy of insurance has been made, or is about to be made; (b) An employer within the provisions of NRS 616B.633 has: (1) Knowingly made a false statement or representation concerning the amount of payroll upon which a premium is based; or (2) Failed to provide and secure compensation under the terms of chapters 616A to 616D, inclusive, or chapter 617 of NRS or has failed to maintain that compensation; (c) A provider of health care has submitted an invoice for payment for accident benefits that contains information which the provider knows is false; or (d) A person has committed any other fraudulent practice under this chapter or chapter 616A, 616B, 616C or 617 of NRS, shall report that belief to the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420. 2. The Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420 may require a person who submits a report pursuant to subsection 1 to submit that report on a form prescribed by the Unit. (Added to NRS by 1997, 3218; A 1999, 230) NRS 616D.560 Duty of Administrator and Fraud Control Unit for Industrial Insurance to report and share information relating to violations. The Administrator and the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420 shall establish procedures to ensure that: 1. The Administrator, in accordance with the established procedures, reports to the Unit violations of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive, of which the Administrator becomes aware; 2. For the purposes of NRS 616D.120, the Unit notifies the Administrator in a timely manner whether the Unit will prosecute a person who

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