1. The Legislature hereby declares that:
(a) The choice of a treating physician or chiropractor is a substantive right and substantive benefit of an injured employee who has a claim under the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act.
(b) The injured employees of this State have a substantive right to an adequate choice of physicians and chiropractors to treat their industrial injuries and occupational diseases.
2. Except as otherwise provided in this subsection and subsections 3 and 4, an insurer’s list of physicians and chiropractors from which an injured employee may choose pursuant to NRS 616C.090 must include not less than 12 physicians or chiropractors, as applicable, in each of the following disciplines and specializations, without limitation, from the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090:
(a) Orthopedic surgery on spines;
(b) Orthopedic surgery on shoulders;
(c) Orthopedic surgery on elbows;
(d) Orthopedic surgery on wrists;
(e) Orthopedic surgery on hands;
(f) Orthopedic surgery on hips;
(g) Orthopedic surgery on knees;
(h) Orthopedic surgery on ankles;
(i) Orthopedic surgery on feet;
(j) Neurosurgery;
(k) Neurology;
(l) Cardiology;
(m) Pulmonology;
(n) Psychiatry;
(o) Pain management;
(p) Occupational medicine;
(q) Physiatry or physical medicine;
(r) General practice or family medicine; and
(s) Chiropractic medicine.
If the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 12 physicians or chiropractors, as applicable, for a discipline or specialization specifically identified in this subsection, all of the physicians or chiropractors, as applicable, on the panel for that discipline or specialization must be included on the insurer’s list.
3. For any other discipline or specialization not specifically identified in subsection 2, the insurer’s list must include not fewer than 8 physicians or chiropractors, as applicable, unless the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 8 physicians or chiropractors, as applicable, for that discipline or specialization, in which case all of the physicians or chiropractors, as applicable, on the panel for that discipline or specialization must be included on the insurer’s list.
4. For each county whose population is 100,000 or more, an insurer’s list of physicians and chiropractors must include for that county a number of physicians and chiropractors, as applicable, that is not less than the number required pursuant to subsections 2 and 3 and that also maintain in that county:
(a) An active practice; and
(b) A physical office.
5. If an insurer fails to maintain a list of physicians and chiropractors that complies with the requirements of subsections 2, 3 and 4, an injured employee may choose a physician or chiropractor from the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090.
6. Each insurer shall, not later than October 1 of each year, update the list of physicians and chiropractors and file the list with the Administrator. The list must be certified by an adjuster who is licensed pursuant to chapter 684A of NRS.
7. Upon receipt of a list of physicians and chiropractors that is filed pursuant to subsection 6, the Administrator shall:
(a) Stamp the list as having been filed; and
(b) Indicate on the list the date on which it was filed.
8. The Administrator shall:
(a) Provide a copy of an insurer’s list of physicians and chiropractors to any member of the public who requests a copy; or
(b) Post a copy of each insurer’s list of physicians and chiropractors on an Internet website maintained by the Administrator and accessible to the public for viewing, printing or downloading.
9. At any time, a physician or chiropractor may request in writing that he or she be removed from an insurer’s list of physicians and chiropractors. The insurer must comply with the request and omit the physician or chiropractor from the next list which the insurer files with the Administrator.
10. A physician or chiropractor may not be involuntarily removed from an insurer’s list of physicians and chiropractors except for good cause. As used in this subsection, "good cause" means that one or more of the following circumstances apply:
(a) The physician or chiropractor has died or is disabled.
(b) The license of the physician or chiropractor has been revoked or suspended.
(c) The physician or chiropractor has been convicted of:
(1) A felony; or
(2) A crime for a violation of a provision of chapter 616D of NRS.
(d) The physician or chiropractor has been removed from the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090 by the Administrator upon a finding that the physician or chiropractor has failed to comply with the standards for treatment of industrial injuries or occupational diseases as established by the Administrator.
11. Unless a physician or chiropractor, as applicable, is removed from an insurer’s list of physicians and chiropractors pursuant to subsection 10, an injured employee may continue to receive treatment from that physician or chiropractor even if:
(a) The employer of the injured employee changes insurers or administrators.
(b) The physician or chiropractor is no longer included in the applicable insurer’s list of physicians and chiropractors, provided that the physician or chiropractor agrees to continue to accept compensation for that treatment at the rates which:
(1) Were previously agreed upon when the physician or chiropractor was most recently included in the list; or
(2) Are newly negotiated but do not exceed the amounts provided under the fee schedule adopted by the Administrator.
(Added to NRS by 2019, 3442)
1. The Legislature hereby declares that:
(a) The choice of a treating physician or chiropractic physician is a substantive right and substantive benefit of an injured employee who has a claim under the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act.
(b) The injured employees of this State have a substantive right to an adequate choice of physicians and chiropractic physicians to treat their industrial injuries and occupational diseases.
2. Except as otherwise provided in this subsection and subsections 3 and 4, an insurer’s list of physicians and chiropractic physicians from which an injured employee may choose pursuant to NRS 616C.090 must include not less than 12 physicians or chiropractic physicians, as applicable, in each of the following disciplines and specializations, without limitation, from the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090:
(a) Orthopedic surgery on spines;
(b) Orthopedic surgery on shoulders;
(c) Orthopedic surgery on elbows;
(d) Orthopedic surgery on wrists;
(e) Orthopedic surgery on hands;
(f) Orthopedic surgery on hips;
(g) Orthopedic surgery on knees;
(h) Orthopedic surgery on ankles;
(i) Orthopedic surgery on feet;
(j) Neurosurgery;
(k) Neurology;
(l) Cardiology;
(m) Pulmonology;
(n) Psychiatry;
(o) Pain management;
(p) Occupational medicine;
(q) Physiatry or physical medicine;
(r) General practice or family medicine; and
(s) Chiropractic medicine.
If the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 12 physicians or chiropractic physicians, as applicable, for a discipline or specialization specifically identified in this subsection, all of the physicians or chiropractic physicians, as applicable, on the panel for that discipline or specialization must be included on the insurer’s list.
3. For any other discipline or specialization not specifically identified in subsection 2, the insurer’s list must include not fewer than 8 physicians or chiropractic physicians, as applicable, unless the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 8 physicians or chiropractic physicians, as applicable, for that discipline or specialization, in which case all of the physicians or chiropractic physicians, as applicable, on the panel for that discipline or specialization must be included on the insurer’s list.
4. For each county whose population is 100,000 or more, an insurer’s list of physicians and chiropractic physicians must include for that county a number of physicians and chiropractic physicians, as applicable, that is not less than the number required pursuant to subsections 2 and 3 and that also maintain in that county:
(a) An active practice; and
(b) A physical office.
5. If an insurer fails to maintain a list of physicians and chiropractic physicians that complies with the requirements of subsections 2, 3 and 4, an injured employee may choose a physician or chiropractic physician from the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090.
6. Each insurer shall, not later than October 1 of each year, update the list of physicians and chiropractic physicians and file the list with the Administrator. The list must be certified by an adjuster who is licensed pursuant to chapter 684A of NRS.
7. Upon receipt of a list of physicians and chiropractic physicians that is filed pursuant to subsection 6, the Administrator shall:
(a) Stamp the list as having been filed; and
(b) Indicate on the list the date on which it was filed.
8. The Administrator shall:
(a) Provide a copy of an insurer’s list of physicians and chiropractic physicians to any member of the public who requests a copy; or
(b) Post a copy of each insurer’s list of physicians and chiropractic physicians on an Internet website maintained by the Administrator and accessible to the public for viewing, printing or downloading.
9. At any time, a physician or chiropractic physician may request in writing that he or she be removed from an insurer’s list of physicians and chiropractic physicians. The insurer must comply with the request and omit the physician or chiropractic physician from the next list which the insurer files with the Administrator.
10. A physician or chiropractic physician may not be involuntarily removed from an insurer’s list of physicians and chiropractic physicians except for good cause. As used in this subsection, "good cause" means that one or more of the following circumstances apply:
(a) The physician or chiropractic physician has died or is disabled.
(b) The license of the physician or chiropractic physician has been revoked or suspended.
(c) The physician or chiropractic physician has been convicted of:
(1) A felony; or
(2) A crime for a violation of a provision of chapter 616D of NRS.
(d) The physician or chiropractic physician has been removed from the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090 by the Administrator upon a finding that the physician or chiropractic physician has failed to comply with the standards for treatment of industrial injuries or occupational diseases as established by the Administrator.
11. Unless a physician or chiropractic physician, as applicable, is removed from an insurer’s list of physicians and chiropractic physicians pursuant to subsection 10, an injured employee may continue to receive treatment from that physician or chiropractic physician even if:
(a) The employer of the injured employee changes insurers or administrators.
(b) The physician or chiropractic physician is no longer included in the applicable insurer’s list of physicians and chiropractic physicians, provided that the physician or chiropractic physician agrees to continue to accept compensation for that treatment at the rates which:
(1) Were previously agreed upon when the physician or chiropractic physician was most recently included in the list; or
(2) Are newly negotiated but do not exceed the amounts provided under the fee schedule adopted by the Administrator.
(Added to NRS by 2019, 3442; A 2021, 534, effective January 1, 2022)
Structure Nevada Revised Statutes
Chapter 616C - Industrial Insurance: Benefits for Injuries or Death
NRS 616C.035 - Application for death benefit.
NRS 616C.085 - Duties of employer when employee injured: First aid; reimbursement.
NRS 616C.115 - Prescription of generic drugs required; exceptions.
NRS 616C.117 - Prescription of drugs dispensed directly to injured employee; limitations.
NRS 616C.120 - Employee may elect treatment through prayer in lieu of medical treatment.
NRS 616C.185 - Compensation for mastectomy and reconstructive surgery.
NRS 616C.190 - Compensation of employee injured out of State.
NRS 616C.210 - Compensation of nonresident alien dependents; notification of dependent required.
NRS 616C.300 - Hearing officers: Appointment; salary; disqualification from particular case.
NRS 616C.370 - Judicial review.
NRS 616C.375 - Stay of decision of appeals officer.
NRS 616C.380 - Payment pending appeal when decision not stayed; effect of final resolution of claim.
NRS 616C.385 - Costs and attorney’s fees for frivolous petitions for judicial review.
NRS 616C.400 - Minimum duration of incapacity; exceptions.
NRS 616C.405 - Limitations on benefits received by employee.
NRS 616C.408 - Restrictive endorsements on checks issued by insurers.
NRS 616C.409 - Direct deposit of compensation.
NRS 616C.410 - Prohibition of settlements paid in lump sum; exceptions.
NRS 616C.415 - Written explanation of alternative settlements to be given to employee or dependents.
NRS 616C.420 - Method of determining average monthly wage.
NRS 616C.425 - Date of determination of amount of compensation and benefits.
NRS 616C.435 - Injuries deemed total and permanent.
NRS 616C.455 - Increase in benefits for permanent total disability incurred before April 9, 1971.
NRS 616C.473 - Annual increase in benefits for permanent total disability.
NRS 616C.485 - Permanent partial disability: Loss of or permanent damage to teeth.
NRS 616C.495 - Permanent partial disability: Payments in lump sum.
NRS 616C.505 - Amount and duration of compensation.
NRS 616C.508 - Annual increase in death benefits.
NRS 616C.510 - Increased death benefits if injury or disablement occurred before July 1, 1973.
NRS 616C.520 - Increased death benefits if injury or disablement occurred on or after July 1, 1973.
NRS 616C.530 - Priorities for returning injured employee to work.
NRS 616C.541 - Appointment of vocational rehabilitation counselor.
NRS 616C.543 - Prohibited acts of vocational rehabilitation counselor.
NRS 616C.547 - General duties of vocational rehabilitation counselor.
NRS 616C.560 - Extension of program for vocational rehabilitation.
NRS 616C.570 - On-the-job training as component of plan for program of vocational rehabilitation.
NRS 616C.575 - Payment of vocational rehabilitation maintenance.
NRS 616C.580 - Provision of services outside of State; limited lump-sum payment in lieu of services.
NRS 616C.585 - Limit on goods and services which may be provided; exceptions.
NRS 616C.700 - Duties of insurer who accepts a claim for catastrophic injury; life care plan.
NRS 616C.710 - Rescission or revision of determination of catastrophic injury.
NRS 616C.720 - Requirements for adjuster who administers claim for catastrophic injury.