State Legislation

Nevada

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Nevada Regulatory Updates 07/28/2025

Senate Bill 317 NV SB 317

Issues:  Workers’ Compensation (SIF, Provider Lists, Compensability, Payments)

Effective Date: 05/31/2025

Summary:

Subsequent Injury Fund
Existing law establishes the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers. (NRS 616B.575) Existing law requires money in the Account to be used to provide compensation or reimbursement in situations where an employee who has a preexisting permanent physical impairment incurs a subsequent disability by injury arising out of and in the course of employment which entitles the employee to compensation for the combined disability that is substantially greater than that which would have resulted from the subsequent injury alone. (NRS 616B.563-616B.581) Sections 4.6 and 4.7 of Senate Bill 317 require an employee to have
incurred a subsequent disability by injury on or before September 30, 2025, in order for the compensation or reimbursement provisions to apply, thus prohibiting any claims against the Account because of a subsequent disability by injury which is incurred on or after October 1, 2025.

Maintenance of Provider List:

Existing law requires an insurer to keep a list of physicians and chiropractic physicians from which an injured employee may choose to receive treatment from a panel established and maintained by the Administrator. Existing law also sets forth procedures and limitations governing the removal of a physician or chiropractic physician from an insurer’s list. (NRS 616C.087, 616C.090) Section 14 of Senate Bill 317: (1) prohibits an insurer from removing a physician or chiropractic physician from the insurer’s list except as expressly provided in existing law; (2) requires an insurer, under certain circumstances, to replace any physician or chiropractic physician who is removed from the list within 60 days; (3) authorizes certain audits and revisions of the insurer’s list; and (4) revises certain filing requirements relating to the insurer’s list.

Mental Health/Stress-Related Claims

Existing law provides that an injury or disease sustained by an employee that is caused by stress is compensable under industrial insurance if it arose out of and in the course of his or her employment. Existing law sets forth the manner by which such an injury must be proven to have arisen out of and in the course of the employment. Under existing law, with certain exceptions, such an injury is deemed to arise out of and in the course of employment only if the employee proves certain elements by clear and convincing medical or psychiatric evidence. (NRS 616C.180) Section 17 of Senate Bill 317 instead requires proof by clear and convincing medical, psychological or psychiatric evidence. Section 17 also requires an insurer to maintain and submit to the Administrator a list of certain providers of mental health care from which an injured employee may choose.

Timing of First Payment Due Date
If a claim for a period of temporary total disability is allowed, existing law requires an industrial insurer to make the first payment within 14 working days after receipt of the initial certification of disability, and regularly thereafter. (NRS 616C.475 emphasis added) However, Section 27 of Senate Bill 317 requires that for a period of temporary partial disability, the first payment or a determination regarding payment is to be issued within 14 working days after the insurer receives the claim.

Nevada Regulatory Updates 05/08/2025

The enhanced Claims and Regulatory Data System (CARDS) will launch on June 2, 2025. The enhanced CARDS system introduces new functionality that will replace many current paper-based and email-driven processes.

As of the launch date, these manual processes will no longer be accepted. To continue performing required functions in CARDS, you must attend training.

CARDS training is mandatory for all insurers and TPAs who submit forms, reports, or payments through the system. Topics include:

  • User registration, roles, and permissions
  • Claim Expenditure and Premium Data submissions
  • Submission and processing of Permanent Partial Disability Reports (D-35)
  • Submission of Subsequent Injury Claims Requests (D-37)
  • Submission of the Claims Activity Report, Insurer Information Form and Occupational Disease Report (OD-8)
  • New reporting requirement for Claims Indexing to include the North American Industry Classification System (NAICS) code.
  • Online payments, assessments, and reporting tools
  • System navigation and new complaint web form

All sessions will be conducted virtually via Microsoft Teams beginning May 12, 2025. Multiple sessions are offered throughout May and June to accommodate your schedule.

To register, please visit the Division of Industrial Relations Training page at Training

Nevada Workers’ Compensation Medical Fee Schedule update 02/01/2025

Nevada has released updates to the Medical Fee Schedule effective 02/01/2025. Updates include an increase in reimbursement levels of 2.7%.

The memo can be located here: 2025 Nevada Medical Fee Schedule

Nevada Regulatory Updates 04/20/2023

AB 441 – An Act Relating to Industrial Insurance; Revising Certain Requirements to Make Certain Insurance Records Available For Inspection; Removing the Requirement That Certain Entities Maintain a Telephone Service to Accept Collect Calls from Injured Employees; Revising the Circumstances Under Which the Administrator of the Division of Industrial Relations of the Department of Business and Industry Is Authorized to Remove a Physician or Chiropractic Physician from a List or Panel of Physicians and Chiropractic Physicians Who May Provide Certain Medical Services Relating to the Nevada Industrial Insurance Act; Requiring the Administrator to Publish Annual and Quarterly Reports; Authorizing Certain Physicians and Chiropractic Physicians to Decline to Perform Certain Evaluations Under Certain Circumstances; Authorizing Certain Injured Employees to Request Certain Additional Examinations; Revising Requirements For Calculating the Value of Certain Payments Pursuant to the Act For a Permanent Partial Disability; Revising Provisions Relating to an Appeal of Certain Determinations of the Administrator; Requiring Certain Insurance Claims to Be Administered By Certain Persons; and Providing Other Matters Properly Relating Thereto.

Issues:  Workers’ Compensation (General)

Summary:

This measure makes a series of changes related to workers’ compensation records and network membership. First, it allows insurers and third party administrators to maintain electronic copies of records provided they are made available within the state for review. Second, it expands allowable reasons physicians to be removed from an insurers’ list or panel, namely if they do not treat injured employees. It also revises the selection methodology for selection of physician for disability rating examination. It also requires insurers to include the employee’s age when calculating lump sum benefits. Finally, it clarifies appeal rights for injured employees, that certain sections of existing law do not preclude appeal or second determination. It takes effect January 1, 2024.

Most Recent Update:

03/27/2023 This measure was introduced and referred to the Assembly Committee on Commerce and Labor. This measure is eligible for consideration in the committee of referral.

AB 410 – An Act Relating to Industrial Insurance; Revising the Circumstances In Which Certain Employees Are Authorized to Receive Compensation Under Industrial Insurance For Certain Stress-Related Claims; and Providing Other Matters Properly Relating Thereto.

Issues:  Workers’ Compensation (General)

Summary:

This measure expands workers’ compensation coverage to include ailments or disorders cause by gradual mental stimulus or a series of events. It is effective January 1, 2024

Most Recent Update:

03/27/2023 This measure was introduced and referred to the Assembly Committee on Commerce and Labor. This measure is eligible for consideration in the committee of referral.

 

 

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