Nevada Revised Statutes
Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution
NRS 616D.390 - Certain acts relating to offer, payment, transfer, acceptance or solicitation of additional value prohibited; improper use of referral fees; exceptions; penalty.


1. Except as otherwise provided in subsection 2, a person shall not:
(a) While acting on behalf of a provider of health care, purchase or lease goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and solicit or accept anything of additional value in return for or in connection with the purchase or lease;
(b) Sell or lease to or for the use of a provider of health care goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and offer, transfer or pay anything of additional value in connection with or in return for the sale or lease; or
(c) Refer a person to a provider of health care for accident benefits for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and solicit or accept anything of value in connection with the referral.
2. Paragraphs (a) and (b) of subsection 1 do not apply if the additional value transferred is:
(a) A refund or discount made in the ordinary course of business;
(b) Reflected by the books and records of the person transferring or receiving it; and
(c) Reflected in the charges submitted to the insurer.
3. A provider of health care shall not offer, transfer or pay anything of value in connection with or in return for the referral to the provider of a patient for whom payment of accident benefits may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.
4. A person shall not, while acting on behalf of a provider of health care pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, charge, solicit, accept or receive anything of value in addition to the amount legally payable pursuant to any of those chapters in connection with the provision of the accident benefits.
5. A person who violates any provision of this section, if the value of the thing or any combination of things unlawfully solicited, accepted, offered, transferred, paid, charged or received:
(a) Is less than $650, is guilty of a gross misdemeanor.
(b) Is $650 or more, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1993, 682; A 1995, 1308; 1997, 3223; 2011, 178)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 616D - Industrial Insurance: Prohibited Acts; Penalties; Prosecution

NRS 616D.010 - Penalties and remedies are cumulative; exceptions.

NRS 616D.020 - Immunity from criminal penalty or civil action for libel, slander or similar tort for disclosure of information relating to violation.

NRS 616D.030 - Limitation of liability of insurer or third-party administrator; administrative fines are exclusive remedies.

NRS 616D.050 - Power of hearing officers, appeals officers and Administrator when conducting hearings or other proceedings.

NRS 616D.060 - Disciplinary action by hearing officer or panel: Procedural requirements; powers and duties of officer or panel; appeals.

NRS 616D.065 - Disciplinary action by appeals officer: Order requiring attorney or representative of party to pay certain costs incurred because of continuance or delay in scheduled hearing.

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.110 - Order to cease business operations if employer fails to provide or maintain coverage for industrial insurance: Power of Administrator; contents; procedure; assistance from law enforcement agency.

NRS 616D.115 - Failure to comply with order to cease business operations; penalties; cumulative nature of penalties.

NRS 616D.120 - Administrative fines and benefit penalties for certain violations; powers of Administrator; revocation or withdrawal of certificate of self-insurance or registration as third-party administrator; claim against bond for payment of admin...

NRS 616D.130 - Investigation of alleged violation; determination of Administrator.

NRS 616D.140 - Benefit penalties: Appeal of imposition of penalty or determination made by Administrator; finality of imposition of penalty; payment of penalty; recovery by Administrator of unpaid penalty.

NRS 616D.145 - Administrative fines: Appeal of imposition of fine; finality of imposition of fine; payment of fine; recovery by Division of unpaid fine.

NRS 616D.150 - Appeal of decisions of Administrator.

NRS 616D.200 - Failure of employer to provide, secure and maintain compensation: Procedure for determination and appeal; penalty.

NRS 616D.210 - Engagement in new business after termination of prior business while owing premiums, interest or penalties to private carriers: Prohibitions; penalties.

NRS 616D.220 - Liability for false statement or failure to report material fact concerning amount of payroll or misrepresentation of classification or duties of employee as related to amount of payroll; appeal; penalty.

NRS 616D.230 - Failure of employer to pay amount charged for engaging in certain prohibited acts; civil liability; additional penalties; disposition of amount collected.

NRS 616D.240 - Deduction from wages of employee prohibited; requirement by employer that employee provide compensation on own behalf prohibited; enforcement of prohibited acts by Attorney General.

NRS 616D.250 - Refusal of employer to submit records for inspection; penalty.

NRS 616D.260 - Refusal of employer to produce document for audit; order to compel; penalty for failure to comply with order.

NRS 616D.270 - Failure to post and maintain notices.

NRS 616D.290 - Injury of minor unlawfully employed.

NRS 616D.300 - False statements or representations to obtain benefits; concealment of material fact to obtain benefits; penalty.

NRS 616D.310 - False statements or representations concerning employment of person receiving benefits; penalty.

NRS 616D.320 - Employment of person who is receiving unlawful payments for temporary total disability prohibited; penalty.

NRS 616D.330 - Improper oral or written communications with treating physician or chiropractor of injured employee; exceptions; penalty. [Effective through December 31, 2021.] Improper oral or written communications with treating physician or chiropr...

NRS 616D.350 - Definitions.

NRS 616D.360 - Circumstances under which person is deemed to have knowledge of falsity or deemed to have made or caused certain action.

NRS 616D.370 - False charges, representations and statements; penalty.

NRS 616D.380 - Invoices containing false information; signature required; presumption.

NRS 616D.390 - Certain acts relating to offer, payment, transfer, acceptance or solicitation of additional value prohibited; improper use of referral fees; exceptions; penalty.

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.420 - Provider of health care convicted of fraudulent practice prohibited from receiving or accepting payment for accident benefits; penalty.

NRS 616D.430 - Civil penalties for person who receives payment or benefit to which person is not entitled.

NRS 616D.440 - False claim for payment: Withholding by insurer of payment to provider of health care; procedure for withholding; appeal.

NRS 616D.550 - Duty to report violations to Fraud Control Unit for Industrial Insurance.

NRS 616D.560 - Duty of Administrator and Fraud Control Unit for Industrial Insurance to report and share information relating to violations.

NRS 616D.600 - Prosecution of criminal actions by Attorney General: Prosecution not precluded by commencement of civil action; duty to furnish information to assist in prosecution; penalty.

NRS 616D.610 - Inspection of employer’s books, records and payroll by Attorney General; subpoena; court order; penalty.

NRS 616D.620 - Penalty for certain violations; liability for costs of investigation and prosecution; contents of judgment of conviction; receipt of certain money by Attorney General to be used to pay salaries of Fraud Control Unit for Industrial Insu...