1. A group of five or more employers may not act as an association of self-insured public employers unless the group:
(a) Is composed of employers engaged in the same or similar classifications of employment; and
(b) Has been issued a certificate to act as such an association by the Commissioner.
2. A group of five or more employers may not act as an association of self-insured private employers unless each member of the group:
(a) Is a member or associate member of a bona fide trade association, as determined by the Commissioner, which:
(1) Is incorporated in this State; and
(2) Has been in existence for at least 5 years; and
(b) Has been issued a certificate to act as such an association by the Commissioner.
3. An association of public or private employers that wishes to be issued a certificate must file with the Commissioner an application for certification.
4. The application must include:
(a) The name of the association.
(b) The address of:
(1) The principal office of the association.
(2) The location where the books and records of the association will be maintained.
(c) The date the association was organized.
(d) The name and address of each member of the association.
(e) The names of the initial members of the board of trustees and the name of the initial association’s administrator.
(f) Such other information as the Commissioner may require.
5. The application must be accompanied by:
(a) A nonrefundable filing fee of $1,000 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110.
(b) Proof of compliance with NRS 616B.353.
(c) Proof that the association or its third-party administrator is licensed or otherwise authorized to conduct business in this State pursuant to title 57 of NRS.
(d) A copy of the agreements entered into with the association’s administrator and a third-party administrator.
(e) A copy of the bylaws of the association.
(f) A copy of an agreement jointly and severally binding the association and each member of the association to secure the payment of all compensation due pursuant to chapters 616A to 617, inclusive, of NRS.
(g) A pro forma financial statement prepared by an independent certified public accountant in accordance with generally accepted accounting principles that shows the financial ability of the association to pay all compensation due pursuant to chapters 616A to 617, inclusive, of NRS.
(h) A reviewed financial statement prepared by an independent certified public accountant for each proposed member of the association or evidence of the ability of the association or its proposed members to provide a solvency bond pursuant to subsection 3 of NRS 616B.353.
(i) Proof that each member of the association will make the initial payment to the association required pursuant to NRS 616B.416 on a date specified by the Commissioner. The payment shall be deemed to be a part of the assessment required to be paid by each member for the first year of self-insurance if certification is issued to the association.
6. Except as otherwise provided in NRS 239.0115, any financial information relating to a member of an association received by the Commissioner pursuant to the provisions of this section is confidential and must not be disclosed.
7. For the purposes of this section, "associate member of a bona fide trade association" means a supplier whose business, as determined by the Commissioner:
(a) Is limited to a specific industry; and
(b) Primarily involves providing a product or service that is directly used or consumed by substantially all of the members of the trade association or bears a direct relationship to the business of the members of the association.
(Added to NRS by 1993, 669; A 1995, 1978; 2007, 2128; 2009, 1828)
Structure Nevada Revised Statutes
Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage
NRS 616B.009 - Reports required to be made by insurers.
NRS 616B.021 - Files of claims: Accessibility; maintenance; inspection; reproduction.
NRS 616B.024 - Destruction of records.
NRS 616B.040 - Creation; source; investments.
NRS 616B.044 - Authority of successor organization to take credit for reinsurance.
NRS 616B.046 - Disposition of money in Fund on repeal of statutes relating to workers’ compensation.
NRS 616B.228 - Budgeting for premiums and payment of premiums by public employers.
NRS 616B.303 - Standard for insolvency.
NRS 616B.321 - Imposition of fine if self-insured employer fails to pay compensation as ordered.
NRS 616B.324 - Self-insured employer liable for violation by employer’s agent.
NRS 616B.330 - Self-insured employer may appeal decision of Commissioner.
NRS 616B.333 - Disposition of security after termination of status as self-insured employer.
NRS 616B.365 - Board of trustees: Members; duties; prohibited acts.
NRS 616B.388 - Provision of member information upon request.
NRS 616B.398 - Commissioner is attorney-in-fact of association for receipt of initial legal process.
NRS 616B.401 - Merger of associations.
NRS 616B.404 - Statement of financial condition: Filing dates; contents; form; additional reports.
NRS 616B.407 - Calculation of annual assessment paid by each member of association.
NRS 616B.410 - Annual audits; objection to assignment of standard industrial classification.
NRS 616B.413 - Payment of dividends to members of association.
NRS 616B.416 - Plan for payment of annual assessments by members of association.
NRS 616B.419 - Required reserves.
NRS 616B.422 - Insufficient assets to pay compensation due and maintain reserves.
NRS 616B.425 - Order by Commissioner to cease and desist; penalty for violation of order.
NRS 616B.434 - Retention by Commissioner of security deposit in event of termination of association.
NRS 616B.437 - Judicial review of Commissioner’s decision.
NRS 616B.500 - Administration of plan of insurance authorized; conditions.
NRS 616B.503 - Certification by Commissioner required; duties of third-party administrator.
NRS 616B.506 - Imposition of administrative fine for violations; withdrawal of certification.
NRS 616B.5285 - Contracts with providers of health care; prohibited acts.
NRS 616B.529 - Inducements to deny, reduce or delay medically necessary services prohibited.
NRS 616B.545 - "Board" defined.
NRS 616B.563 - "Board" defined.
NRS 616B.603 - Independent enterprises.
NRS 616B.606 - Real estate brokers and salespersons not employers under certain circumstances.
NRS 616B.609 - Devices modifying liability void; exception.
NRS 616B.618 - Applicability to State, political subdivisions and their contractors.
NRS 616B.621 - Applicability to certain trainees enrolled in rehabilitation facilities.
NRS 616B.633 - Applicability to all employers who employ at least one employee.
NRS 616B.636 - Actions at law by employees.
NRS 616B.650 - Election by employer; effect of failure to provide industrial insurance.
NRS 616B.656 - Election by employer of excluded persons.
NRS 616B.662 - Rejection of coverage by employer; relief from payment of premiums.
NRS 616B.673 - Certificate of registration required; expiration; penalty.
NRS 616B.688 - Written agreement regarding employment relationship with leased employees.
NRS 616B.697 - Action for damages for statutory violation.
NRS 616B.717 - Coverage of more than one construction project authorized.
NRS 616B.720 - Contents of contract to provide insurance for program.
NRS 616B.722 - Liability of insurer for payment of compensation.
NRS 616B.732 - Determination of loss experience.
NRS 616B.760 - Creation; membership; terms; vacancies.
NRS 616B.762 - Annual first meeting: Date; election of Chair.
NRS 616B.765 - Duties and powers of Chair.
NRS 616B.767 - Meetings; quorum.
NRS 616B.770 - Compensation of members.
NRS 616B.772 - Filing of grievance; parties to hearing; authority to appeal decision on hearing.
NRS 616B.777 - Timing: Notification of hearing; issuance of decision.
NRS 616B.780 - Hearings open to public; exception.
NRS 616B.782 - Conflict of interest: Appointment of substitute member; waiver; determination.
NRS 616B.785 - Issuance and delivery of decision; notification of right to appeal.
NRS 616B.787 - Appeal of decision to Commissioner.
NRS 616B.850 - Insurer may establish plan to review small employers; objectives of plan.