1. An insurer, an employer, an organization for managed care, a third-party administrator or the representative of any of those persons, the Nevada Attorney for Injured Workers or an attorney or other compensated representative of an injured employee shall not initiate:
(a) Any oral communication relating to the medical disposition of the claim of an injured employee with the injured employee’s examining or treating physician or chiropractor unless the initiator of the oral communication:
(1) Maintains, in written form or in a form from which a written record may be produced, a log that includes the date, time and subject matter of the communication; and
(2) Makes the log available, upon request, to each insurer, organization for managed care and third-party administrator interested in the claim or the representative of each of those persons, the Administrator and the injured employee, the injured employee’s representative and the injured employee’s employer; or
(b) Any written communication relating to the medical disposition of the claim with the injured employee’s examining or treating physician or chiropractor unless a copy of the communication is submitted to the injured employee or the injured employee’s representative in a timely manner.
2. If the Administrator determines that a person has violated the provisions of this section, the Administrator shall:
(a) For an initial violation, issue a notice of correction.
(b) For a second violation, impose an administrative fine of not more than $250.
(c) For a third or subsequent violation, impose an administrative fine of not more than $1,000.
(Added to NRS by 1997, 1789)
1. An insurer, an employer, an organization for managed care, a third-party administrator or the representative of any of those persons, the Nevada Attorney for Injured Workers or an attorney or other compensated representative of an injured employee shall not initiate:
(a) Any oral communication relating to the medical disposition of the claim of an injured employee with the injured employee’s examining or treating physician or chiropractic physician unless the initiator of the oral communication:
(1) Maintains, in written form or in a form from which a written record may be produced, a log that includes the date, time and subject matter of the communication; and
(2) Makes the log available, upon request, to each insurer, organization for managed care and third-party administrator interested in the claim or the representative of each of those persons, the Administrator and the injured employee, the injured employee’s representative and the injured employee’s employer; or
(b) Any written communication relating to the medical disposition of the claim with the injured employee’s examining or treating physician or chiropractic physician unless a copy of the communication is submitted to the injured employee or the injured employee’s representative in a timely manner.
2. If the Administrator determines that a person has violated the provisions of this section, the Administrator shall:
(a) For an initial violation, issue a notice of correction.
(b) For a second violation, impose an administrative fine of not more than $250.
(c) For a third or subsequent violation, impose an administrative fine of not more than $1,000.
(Added to NRS by 1997, 1789; A 2021, 534, effective January 1, 2022)
Structure Nevada Revised Statutes
Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution
NRS 616D.010 - Penalties and remedies are cumulative; exceptions.
NRS 616D.070 - Enforcement of orders, subpoenas and other procedures relating to hearing.
NRS 616D.080 - Fees: Officers serving subpoenas; witnesses; procedure for payment.
NRS 616D.090 - Depositions of witnesses.
NRS 616D.100 - Transcripts: Introduction in evidence; availability to parties.
NRS 616D.130 - Investigation of alleged violation; determination of Administrator.
NRS 616D.150 - Appeal of decisions of Administrator.
NRS 616D.250 - Refusal of employer to submit records for inspection; penalty.
NRS 616D.270 - Failure to post and maintain notices.
NRS 616D.290 - Injury of minor unlawfully employed.
NRS 616D.370 - False charges, representations and statements; penalty.
NRS 616D.380 - Invoices containing false information; signature required; presumption.
NRS 616D.400 - Failure to maintain and make available necessary records; penalty.
NRS 616D.410 - Conspiracy to commit prohibited acts.
NRS 616D.415 - Fraud; conspiracy to commit fraud; penalty.
NRS 616D.550 - Duty to report violations to Fraud Control Unit for Industrial Insurance.