Nevada Revised Statutes
Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage
NRS 616B.656 - Election by employer of excluded persons.


1. An employer in this State having in his or her employment any employee excluded from the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to NRS 616A.110 may elect to cover such employees under the provisions of those chapters in the manner provided in this section.
2. The election on the part of the employer must be made by filing with the Administrator and the insurer a written statement that the employer accepts the provisions of chapters 616A to 616D, inclusive, of NRS which, when filed, operates to subject the employer to the provisions of those chapters until the employer files with the Administrator and the insurer a notice in writing that the employer withdraws the election.
3. An employee in the service of any such employer shall be deemed to have accepted, and is subject to, the provisions of chapters 616A to 616D, inclusive, of NRS if, at the time of the accident for which compensation is claimed:
(a) The employer charged with liability is subject to the provisions of those chapters, whether or not the employee has actual notice thereof; and
(b) The employee has not given to his or her employer and to the Administrator and the insurer notice in writing that the employee elects to reject the provisions of those chapters.
4. An employee who has rejected the provisions of chapters 616A to 616D, inclusive, of NRS may at any time thereafter elect to waive the rejection by giving notice in writing to his or her employer and to the Administrator and the insurer which becomes effective when filed with the Administrator and the insurer.
[Part 37:168:1947; 1943 NCL § 2680.37]—(NRS A 1957, 209; 1975, 1019; 1981, 1467; 1987, 655; 1993, 711; 1995, 2020)—(Substituted in revision for NRS 616.315)

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Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 616B - Industrial Insurance: Insurers; Liability for Provision of Coverage

NRS 616B.003 - Periodic audit of insurers; required standard auditing procedures; information to be shared by Division of Insurance; report to Legislature.

NRS 616B.005 - Insurers to cooperate with Commissioner; duty of private carriers to provide certain information to Commissioner.

NRS 616B.006 - Insurer required to provide information necessary for enforcement of statutes, regulations or standards; Administrator required to make written request for information.

NRS 616B.009 - Reports required to be made by insurers.

NRS 616B.012 - Confidentiality and disclosure of information; penalty for disclosure or use of information; privileged communications.

NRS 616B.015 - Confidentiality of certain records and files of Division of Insurance concerning self-insured employers and associations of self-insured public or private employers; exceptions.

NRS 616B.018 - Index of claims: Establishment; contents; format; use; fee; administrative fine for failure by insurer to provide information. [Effective through December 31, 2021.] Index of claims: Establishment; contents; format; use; fee; administr...

NRS 616B.021 - Files of claims: Accessibility; maintenance; inspection; reproduction.

NRS 616B.024 - Destruction of records.

NRS 616B.027 - Insurer to provide office in State and statewide toll-free telephone service; private carrier to provide adequate services and information to control losses and prevent accidents and occupational diseases.

NRS 616B.028 - Modified program of industrial insurance for offenders in prison industry or work program.

NRS 616B.029 - Modified program of industrial insurance for offenders engaged in work program directed by administrator of county or city jail or other local detention facility.

NRS 616B.030 - Policy of insurance: Required provisions in policies of private carriers; regulations of Commissioner concerning basic policy used by private carriers.

NRS 616B.031 - Policy of insurance: Coverage of all employees of employer; coverage of employees under consolidated insurance program.

NRS 616B.032 - Policy of insurance: Coverage for domestic worker as part of homeowner’s policy of insurance.

NRS 616B.033 - Default of employer does not relieve insurer from liability; effect of statements contained in application for policy; notification of employer of cancellation of policy; defense based on act or omission of insured employer may not be...

NRS 616B.036 - Conditions for providing industrial insurance for organization or association of employers; approval of group or organization; adoption of regulations.

NRS 616B.038 - Prohibition against charging fee for inclusion on panel of providers of health care; penalty.

NRS 616B.040 - Creation; source; investments.

NRS 616B.042 - Money to provide compensation held in trust; conditions when trust money to be deposited in Fund.

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.215 - Appeal by principal contractor from denial of final certificate of coverage for project; appeal by employer from determination regarding vocational rehabilitation of injured employee.

NRS 616B.222 - Determination of total amount paid to employees for services performed during policy year.

NRS 616B.224 - Periodic report of payroll and reported tips; periodic payment of premiums; effect of failure to submit information or premiums; collection of premiums by insurer.

NRS 616B.227 - Submission and retention of reports concerning tips received by employees; payment of premiums for tips; calculation of compensation; notification of employees to report tips.

NRS 616B.228 - Budgeting for premiums and payment of premiums by public employers.

NRS 616B.300 - Qualification as self-insured employer: Establishment of financial ability to pay; deposit or security; evidence of excess insurance; Account for Self-Insured Employers.

NRS 616B.303 - Standard for insolvency.

NRS 616B.306 - Commissioner may sell securities or institute proceedings on surety bonds of self-insured employer to pay claims.

NRS 616B.309 - Assessment of self-insured employers to provide for claims against insolvent employers; Account for Insolvent Self-Insured Employers.

NRS 616B.312 - Certificate of qualification as self-insured employer: Issuance by Commissioner; contents; effective date; period certificate is in effect.

NRS 616B.315 - Notification of change in ownership or control of self-insured employer; automatic termination of certification unless extension granted.

NRS 616B.318 - Grounds for withdrawal of certification of self-insured employer; exception; administrative fine.

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.327 - Withdrawal of certification of self-insured employer: Informal meeting; notice of withdrawal; hearing; effective date of withdrawal.

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.336 - Self-insured employers to furnish annual financial statements to Commissioner; Commissioner may examine records and interview employees.

NRS 616B.350 - Qualification as association of self-insured public or private employers; application for certification; fee; confidentiality of financial information submitted for certification.

NRS 616B.353 - Indemnity agreement; policy of excess insurance; assessment; bond or similar security; minimum combined tangible net worth; combined net cash flows; bond required of association’s administrator or third-party administrator; Account for...

NRS 616B.356 - Certificate of authority required before surety or bonding company may furnish bond or other security for association.

NRS 616B.359 - Certificate of qualification as an association of self-insured employers: Time for consideration of application; issuance by Commissioner; contents; effective date; period certificate is in effect; cancellation by association.

NRS 616B.362 - Effect of certification; responsibility of association to provide compensation and administer claims.

NRS 616B.365 - Board of trustees: Members; duties; prohibited acts.

NRS 616B.368 - Board of trustees: Fiscal responsibilities; establishment of accounts; review of accounts by Commissioner.

NRS 616B.371 - Association’s administrator prohibited from financial interest in third-party administrator; third-party administrator prohibited from financial interest in association’s administrator; contractual requirement.

NRS 616B.374 - Solicitor’s permit: Advertising or offering for sale membership in proposed association of self-insured public or private employers without permit prohibited; application for permit; fee; penalty; exceptions.

NRS 616B.377 - Solicitor’s permit: Commissioner to conduct investigation after filing of application for permit; required issuance of permit; Commissioner to give notice to applicant if application denied; fee nonrefundable.

NRS 616B.380 - Solicitor’s permit: Power of Commissioner to suspend or revoke permit; hearing required.

NRS 616B.383 - Advertisements or written materials to join association of self-insured public or private employers; solicitor to provide to Commissioner upon request copy of document relating to solicitation.

NRS 616B.386 - Membership in association: Application; eligibility; authority of association to determine eligibility; termination by member; cancellation by association; information to be provided to Commissioner; provision of compensation after mem...

NRS 616B.388 - Provision of member information upon request.

NRS 616B.392 - Notification of Commissioner required if change in information submitted for certification.

NRS 616B.395 - Examination of books, records, accounts and assets of association by Commissioner; payment of related expenses.

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.428 - Administrative fines for violations; authority of Commissioner to withdraw certification; effect of withdrawal.

NRS 616B.431 - Withdrawal of certificate of association: Informal meeting; notice of withdrawal; hearing; effective date of withdrawal.

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.440 - Insolvency; termination of liability on surety bond; effect of termination of surety bond.

NRS 616B.443 - Assessment of all associations to provide for claims against insolvent association; Account for Insolvent Associations of Self-Insured Public or Private Employers.

NRS 616B.446 - Regulations.

NRS 616B.460 - Election by employer to purchase industrial insurance from private carrier; cancellation of policy by employer to purchase insurance from another insurer.

NRS 616B.461 - Notification of Administrator regarding issuance, renewal, cancellation or reinstatement of policy; investigation of information reported by private carrier.

NRS 616B.463 - Authorization and security required before industrial insurance may be provided by private carrier; private carrier subject to Nevada Insurance Code.

NRS 616B.466 - Responsibility of private carrier after withdrawal of authorization to provide industrial insurance.

NRS 616B.472 - Suspension of authorization of private carrier to provide industrial insurance: Grounds; hearing.

NRS 616B.475 - Requirements for handling claims; employer and private carrier subject to regulations of Division.

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.509 - Regulations.

NRS 616B.527 - Authority of self-insured employers, associations of self-insured employers and private carriers; compliance with certain provisions.

NRS 616B.5273 - Adequacy of medical and health care services, choice of providers of health care and cost controls; regulations.

NRS 616B.528 - Restriction of or interference with communication between provider of health care and injured employee prohibited.

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.548 - Board for Administration of Subsequent Injury Account for Self-Insured Employers: Creation; membership; officers; vacancies; members serve without compensation; legal counsel.

NRS 616B.551 - Board for Administration of Subsequent Injury Account for Self-Insured Employers: Meetings; regulations; quorum; administration of Account.

NRS 616B.554 - Creation and administration of Subsequent Injury Account for Self-Insured Employers; assessment rates, payments and penalties.

NRS 616B.557 - Payment of cost of additional compensation resulting from subsequent injury of employee of self-insured employer.

NRS 616B.560 - Reimbursement of self-insured employer for cost of additional compensation resulting from subsequent injury.

NRS 616B.563 - "Board" defined.

NRS 616B.569 - Board for Administration of Subsequent Injury Account for Associations of Self-Insured Public or Private Employers: Creation; membership; officers; vacancies; members serve without compensation; legal counsel.

NRS 616B.572 - Board for Administration of Subsequent Injury Account for Associations of Self-Insured Public or Private Employers: Meetings; regulations; quorum; administration of Account.

NRS 616B.575 - Creation and administration of Subsequent Injury Account for Associations of Self-Insured Public or Private Employers; assessment rates, payments and penalties.

NRS 616B.578 - Payment of cost of additional compensation resulting from subsequent injury of employee of member of association of self-insured public or private employers.

NRS 616B.581 - Reimbursement of Association of Self-Insured Public or Private Employers for cost of additional compensation resulting from subsequent injury.

NRS 616B.584 - Creation and administration of Subsequent Injury Account for Private Carriers; assessment rates, payments and penalties.

NRS 616B.587 - Payment of cost of additional compensation resulting from subsequent injury of employee of employer insured by private carrier.

NRS 616B.590 - Reimbursement of private carrier for cost of additional compensation resulting from subsequent injury.

NRS 616B.600 - Exemption of employer and employee temporarily within State; exception; effect of employee working in another state where coverage required.

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.612 - Employers to provide compensation; effect of participation in consolidated insurance program; relief from certain liability.

NRS 616B.615 - Self-insured employers to provide compensation; relief from premiums and liability; administration of claims.

NRS 616B.618 - Applicability to State, political subdivisions and their contractors.

NRS 616B.621 - Applicability to certain trainees enrolled in rehabilitation facilities.

NRS 616B.624 - Applicability to officers of quasi-public, private and nonprofit corporations and managers of limited-liability companies; rejection of coverage by certain officers and managers.

NRS 616B.627 - Contractor with State or political subdivision: Submission of certificate of compliance; coverage pursuant to contract; sole proprietor who does not use employees.

NRS 616B.630 - Notification of State Contractors’ Board and Administrator if contractor no longer provides industrial insurance.

NRS 616B.633 - Applicability to all employers who employ at least one employee.

NRS 616B.636 - Actions at law by employees.

NRS 616B.639 - Limitation of liability of principal contractor for industrial injury to independent contractor or employee of independent contractor.

NRS 616B.642 - Limitation on liability of owner of property who is not acting as principal contractor.

NRS 616B.645 - Determination of obligation of principal contractor or owner of property: Preliminary statement of coverage; issuance or denial of final certificate of coverage.

NRS 616B.650 - Election by employer; effect of failure to provide industrial insurance.

NRS 616B.653 - Reporting of agreements with lessees engaged in mining or operating reduction plant; exception.

NRS 616B.656 - Election by employer of excluded persons.

NRS 616B.659 - Election by sole proprietor; physical examination; payment of premiums; effect of failure to pay premiums; withdrawal of election.

NRS 616B.662 - Rejection of coverage by employer; relief from payment of premiums.

NRS 616B.670 - Definitions.

NRS 616B.673 - Certificate of registration required; expiration; penalty.

NRS 616B.676 - Written application for issuance or renewal of certificate of registration must be on approved form.

NRS 616B.679 - Contents of application; fee; Administrator to be notified of certain changes in information about applicant; power of Administrator to revoke certificate of registration; financial statements.

NRS 616B.685 - Separate payroll records required upon operation of employee leasing company and temporary employment service; prohibition on maintaining policy of workers’ compensation insurance for both employee leasing company and temporary employm...

NRS 616B.688 - Written agreement regarding employment relationship with leased employees.

NRS 616B.691 - Responsibilities of client company and employee leasing company; limitations; joint and several liability of client company.

NRS 616B.692 - Provision of coverage for workers’ compensation by professional employer organization; required reports and disclosures; regulations.

NRS 616B.693 - Assurance organizations: Authority of Administrator; regulations; independence and approval required.

NRS 616B.694 - Regulations.

NRS 616B.697 - Action for damages for statutory violation.

NRS 616B.710 - Establishment and administration of program: Prerequisites; mandatory participation; payments to contractors or subcontractors.

NRS 616B.712 - Industrial insurance for program; contract to provide insurance to be filed and reviewed by Commissioner.

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.725 - Safety requirements: Contents of safety program; qualifications and duties of safety coordinators; duties of owner or principal contractor.

NRS 616B.727 - Administration of claims: Duties of administrator of claims; duties of owner or principal contractor.

NRS 616B.730 - Coverage of employees who do not work at site of construction project; separate policy required for certain employees who do not work at site of construction project; reimbursement for cost of separate policy.

NRS 616B.732 - Determination of loss experience.

NRS 616B.735 - Notification and explanation to bidders required if program may be established for construction project.

NRS 616B.737 - Regulations.

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.775 - Jurisdiction.

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.790 - Regulations.

NRS 616B.850 - Insurer may establish plan to review small employers; objectives of plan.