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

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

1. Except as otherwise provided in this section and NRS 239.0115 , 607.217 , 616B.011 , 616B.015 , 616B.021 and 616C.205 , information obtained from any insurer, employer or employee is confidential and

may not be disclosed or be open to public inspection in any manner which would reveal

the person's identity. 2. Any claimant or legal representative of the claimant is entitled to information

from the records of the insurer, to the extent necessary for the proper presentation

of a claim in any proceeding under chapters 616A to 616D, inclusive, or chapter 617 of NRS . 3. The Division and Administrator are entitled to information from the records of

the insurer which is necessary for the performance of their duties. The Administrator may, by regulation, prescribe the manner in which otherwise confidential

information may be made available to: (a) Any agency of this or any other state charged with the administration or enforcement

of laws relating to industrial insurance, unemployment compensation, public assistance

or labor law and industrial relations; (b) Any state or local agency for the enforcement of child support; (c) The Internal Revenue Service of the Department of the Treasury; (d) The Department of Taxation; and (e) The State Contractors' Board in the performance of its duties to enforce the provisions

of chapter 624 of NRS . Information obtained in connection with the administration of a program of industrial

insurance may be made available to persons or agencies for purposes appropriate to

the operation of a program of industrial insurance. 4. Upon written request made by a public officer of a local government, an insurer

shall furnish from its records the name, address and place of employment of any person

listed in its records. The request must set forth the social security number of the person about whom the

request is made and contain a statement signed by proper authority of the local government

certifying that the request is made to allow the proper authority to enforce a law

to recover a debt or obligation owed to the local government. Except as otherwise provided in NRS 239.0115 , the information obtained by the local government is confidential and may not be

used or disclosed for any purpose other than the collection of a debt or obligation

owed to the local government. The insurer may charge a reasonable fee for the cost of providing the requested

information. 5. To further a current criminal investigation, the chief executive officer of any

law enforcement agency of this State may submit to the Administrator a written request

for the name, address and place of employment of any person listed in the records

of an insurer. The request must set forth the social security number of the person about whom the

request is made and contain a statement signed by the chief executive officer certifying

that the request is made to further a criminal investigation currently being conducted

by the agency. Upon receipt of a request, the Administrator shall instruct the insurer to furnish

the information requested. Upon receipt of such an instruction, the insurer shall furnish the information requested. The insurer may charge a reasonable fee to cover any related administrative expenses. 6. Upon request by the Department of Taxation, the Administrator shall provide: (a) Lists containing the names and addresses of employers; and (b) Other information concerning employers collected and maintained by the Administrator

or the Division to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS , to the Department for its use in verifying returns for the taxes imposed pursuant

to chapters 363A, 363B, 363C and 363D of NRS. The Administrator may charge a reasonable fee to cover any related administrative

expenses. 7. Any person who, in violation of this section, discloses information obtained from

files of claimants or policyholders or obtains a list of claimants or policyholders

under chapters 616A to 616D, inclusive, or chapter 617 of NRS and uses or permits the use of the list for any political purposes, is guilty of

a gross misdemeanor. 8. All letters, reports or communications of any kind, oral or written, from the insurer,

or any of its agents, representatives or employees are privileged and must not be

the subject matter or basis for any lawsuit if the letter, report or communication

is written, sent, delivered or prepared pursuant to the requirements of chapters 616A

to 616D, inclusive, or chapter 617 of NRS . 9. The provisions of this section do not prohibit the Administrator or the Division

from: (a) Disclosing any nonproprietary information relating to an uninsured employer or

proof of industrial insurance; or (b) Notifying an injured employee or the surviving spouse or dependent of an injured

employee of benefits to which such persons may be entitled in addition to those provided

pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS but only if: (1) The notification is solely for the purpose of informing the recipient of benefits

that are available to the recipient; and (2) The content of the notification is limited to information concerning services

which are offered by nonprofit entities.