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

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

1. A professional employer organization may satisfy its obligation to provide coverage

for workers' compensation for the employees that the professional employer organization

leases to each client company by: (a) Confirming that the client company has obtained a policy of workers' compensation

insurance directly from an insurer, and maintains that policy, which covers all of

the employees of the client company, including, without limitation, the employees

leased from the professional employer organization, subject to the same requirements

and conditions as if the client company were the sole employer of the leased employees

for the purpose of providing coverage for workers' compensation; (b) Confirming that the client company is a member of an association of self-insured

employers which is certified by the Commissioner and which has assumed responsibility,

and maintains responsibility, for covering all of the employees of the client company,

including, without limitation, the employees leased from the professional employer

organization, subject to the same requirements and conditions as if the client company

were the sole employer of the leased employees for the purpose of providing coverage

for workers' compensation; (c) Confirming that the client company is certified by the Commissioner as a self-insured

employer which self-insures all of the employees of the client company, including,

without limitation, the employees leased from the professional employer organization,

subject to the same requirements and conditions as if the client company were the

sole employer of the leased employees for the purpose of providing coverage for workers'

compensation; (d) Obtaining a policy of workers' compensation insurance directly from an insurer

on a multiple coordinated policy basis, and maintaining that policy, which covers

all of the employees leased to the client company or all of the employees leased to

the client company and other client companies affiliated with the client company such

that: (1) The policy covers the liability of both the professional employer organization

and the client company or companies for payments required by chapters 616A to 616D,

inclusive, or chapter 617 of NRS ; (2) A separate policy is issued to or on behalf of each client company or group of

affiliated client companies under the multiple coordinated policy; and (3) The professional employer organization controls payments and communications related

to the policy; or (e) Obtaining a policy of workers' compensation insurance on a master policy basis

directly from an insurer, and maintaining that policy, which: (1) Covers some or all of the employees of the professional employer organization

who are leased to one or more client companies; and (2) May cover all of the employees of the professional employer organization who work

directly for the professional employer organization and are not leased to any client

company. 2. With respect to a policy of workers' compensation insurance described in paragraph

(a) of subsection 1: (a) The policy may name the professional employer organization as an additional insured;

and (b) If the professional employer organization is licensed as a producer of insurance

pursuant to NRS 683A.261 and is authorized by the insurer, the professional employer organization may negotiate

coverage, collect premiums on behalf of the insurer and otherwise act as an intermediary

with respect to the policy. 3. If a professional employer organization or a client company maintains a policy

of workers' compensation insurance which provides coverage for leased employees, each

insurer insuring leased employees shall report to the Advisory Organization, as defined

in NRS 686B.1752 : (a) Payroll and claims data for each client company in a manner that identifies both

the client company and the professional employer organization; and (b) The status of coverage with respect to each client company in accordance with

any applicable requirements regarding proof of coverage. 4. If the services that a professional employer organization offers to a client company

do not include obtaining and maintaining a policy of workers' compensation insurance

for the employees which the professional employer organization will lease to the client

company, the professional employer organization shall: (a) Before entering into an agreement with the client company to provide services

as a professional employer organization, provide written notice to the client company

that the client company will remain responsible for providing coverage for workers'

compensation for all of the employees of the client company, including, without limitation,

the employees leased from the professional employer organization; and (b) In the written agreement with the client company to provide services as a professional

employer organization, clearly set forth the responsibility of the client company

to provide coverage for workers' compensation for all of the employees of the client

company, including, without limitation, the employees leased from the professional

employer organization. 5. If a professional employer organization offers to provide coverage for workers'

compensation for the employees that the professional employer organization leases

to a client company in accordance with paragraph (d) or (e) of subsection 1: (a) The coverage for workers' compensation must not take effect until the client company

executes the written agreement required by NRS 611.450 between the professional employer organization and the client company; and (b) The written agreement required by NRS 611.450 between the professional employer organization and the client company must: (1) Explain that coverage for workers' compensation does not take effect until the

effective date designated by the insurer in the policy of workers' compensation insurance; (2) Provide that, while the policy of workers' compensation insurance is in force,

the professional employer organization will pay all premiums required by the policy,

including, without limitation, any adjustments or assessments, and will be entitled

to any refunds of premiums; (3) Set forth the procedures by which the client company or the professional employer

organization may terminate the agreement and any fees or costs payable upon termination; (4) Provide that, except as otherwise provided by law, all services provided by the

professional employer organization to the client company will cease immediately on

the effective date of any termination of the agreement; (5) Provide that the insurer from whom the policy of workers' compensation insurance

is obtained by the professional employer organization has the right to inspect the

premises and records of the client company; (6) Provide that the loss experience of the client company will continue to be reported

in the name of the client company to the Commissioner and will be available to subsequent

insurers upon request; (7) Provide that the policy of workers' compensation insurance covers only those employees

acknowledged in writing by the professional employer organization to be employees

of the professional employer organization who are being leased to the client company; (8) Explain that the client company is responsible at all times for providing coverage

for workers' compensation for any employees of the client company who are not leased

from the professional employer organization; and (9) Provide that the client company must provide satisfactory evidence of the coverage

required by subparagraph (8) to the insurer from whom the policy of workers' compensation

insurance is obtained by the professional employer organization. 6. Nothing in this section prohibits the employees of a professional employer organization

who are leased to one or more client companies from being considered as a group for

the purposes of any eligibility for dividends, discounts on premiums, rating arrangements

or options or obtaining policies with large deductibles. 7. The exclusive remedy provided by NRS 616A.020 applies to the professional employer organization, the client company and to all

employees of the client company, including, without limitation, the employees leased

from the professional employer organization, whether the professional employer organization

or the client company provides the coverage for workers' compensation. 8. The Administrator and the Commissioner may adopt regulations to carry out the provisions

of this section. 9. As used in this section: (a) “ Client company ” has the meaning ascribed to it in NRS 611.400 . (b) “ Professional employer organization ” has the meaning ascribed to it in NRS 611.400 .