Nevada § 616C.090 - Selection of physician or chiropractic physician: Establishment, maintenance and update of panel of physicians and chiropractic physicians; powers and duties of Administrator; selection and alternate selection from established panel or pursuant to contract; responsibility for charges not in compliance with provisions or related to improper treatments; procedure for removing from panel physicians and chiropractic physicians who do not treat injured employees

§ 616C.090. Selection of physician or chiropractic physician: Establishment, maintenance and update of panel of physicians and chiropractic physicians; powers and duties of Administrator; selection and alternate selection from established panel or pursuant to contract; responsibility for charges not in compliance with provisions or related to improper treatments; procedure for removing from panel physicians and chiropractic physicians who do not treat injured employees

1. The Administrator shall establish, maintain and update not less frequently than

annually on or before July 1 of each year, a panel of physicians and chiropractic

physicians who have demonstrated special competence and interest in industrial health

to treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS . The Administrator shall maintain the following information relating to each physician

and chiropractic physician on the panel: (a) The name of the physician or chiropractic physician. (b) The title or degree of the physician or chiropractic physician. (c) The legal name of the practice of the physician or chiropractic physician and

the name under which the practice does business. (d) The street address of the location of every office of the physician or chiropractic

physician. (e) The telephone number of every office of the physician or chiropractic physician. (f) Every discipline and specialization practiced by the physician or chiropractic

physician. (g) Every condition and part of the body which the physician or chiropractic physician

will treat. 2. Every employer whose insurer has not entered into a contract with an organization

for managed care or with providers of health care pursuant to NRS 616B.527 shall maintain a list of those physicians and chiropractic physicians on the panel

who are reasonably accessible to his or her employees. 3. An injured employee whose employer's insurer has not entered into a contract with

an organization for managed care or with providers of health care pursuant to NRS 616B.527 may choose a treating physician or chiropractic physician from the panel of physicians

and chiropractic physicians. If the injured employee is not satisfied with the first physician or chiropractic

physician he or she so chooses, the injured employee may make an alternative choice

of physician or chiropractic physician from the panel if the choice is made within

90 days after his or her injury. The insurer shall notify the first physician or chiropractic physician in writing. The notice must be postmarked within 3 working days after the insurer receives knowledge

of the change. The first physician or chiropractic physician must be reimbursed only for the services

the physician or chiropractic physician, as applicable, rendered to the injured employee

up to and including the date of notification. Except as otherwise provided in this subsection, any further change is subject to

the approval of the insurer or by order of a hearing officer or appeals officer. A request for a change of physician or chiropractic physician must be granted or

denied within 10 days after a written request for such a change is received from the

injured employee. If the insurer takes no action on the request within 10 days, the request shall

be deemed granted. Any request for a change of physician or chiropractic physician must include the

name of the new physician or chiropractic physician chosen by the injured employee. If the treating physician or chiropractic physician refers the injured employee

to a specialist for treatment, the insurer shall provide to the injured employee a

list that includes the name of each physician or chiropractic physician with that

specialization who is on the panel. Not later than 14 days after receiving the list, the injured employee shall select

a physician or chiropractic physician from the list. 4. An injured employee whose employer's insurer has entered into a contract with an

organization for managed care or with providers of health care pursuant to NRS 616B.527 must choose a treating physician or chiropractic physician pursuant to the terms

of that contract. If the injured employee is not satisfied with the first physician or chiropractic

physician he or she so chooses, the injured employee may make an alternative choice

of physician or chiropractic physician pursuant to the terms of the contract without

the approval of the insurer if the choice is made within 90 days after his or her

injury. Except as otherwise provided in this subsection, any further change is subject to

the approval of the insurer or by order of a hearing officer or appeals officer. A request for a change of physician or chiropractic physician must be granted or

denied within 10 days after a written request for such a change is received from the

injured employee. If the insurer takes no action on the request within 10 days, the request shall

be deemed granted. If the injured employee, after choosing a treating physician or chiropractic physician,

moves to a county which is not served by the organization for managed care or providers

of health care named in the contract and the insurer determines that it is impractical

for the injured employee to continue treatment with the physician or chiropractic

physician, the injured employee must choose a treating physician or chiropractic physician

who has agreed to the terms of that contract unless the insurer authorizes the injured

employee to choose another physician or chiropractic physician. If the treating physician or chiropractic physician refers the injured employee

to a specialist for treatment, the insurer shall provide to the injured employee a

list that includes the name of each physician or chiropractic physician with that

specialization who is available pursuant to the terms of the contract with the organization

for managed care or with providers of health care pursuant to NRS 616B.527 , as appropriate. Not later than 14 days after receiving the list, the injured employee shall select

a physician or chiropractic physician from the list. If the employee fails to select a physician or chiropractic physician, the insurer

may select a physician or chiropractic physician with that specialization. If a physician or chiropractic physician with that specialization is not available

pursuant to the terms of the contract, the organization for managed care or the provider

of health care may select a physician or chiropractic physician with that specialization. 5. If the injured employee is not satisfied with the physician or chiropractic physician

selected by himself or herself or by the insurer, the organization for managed care

or the provider of health care pursuant to subsection 4, the injured employee may

make an alternative choice of physician or chiropractic physician pursuant to the

terms of the contract. A change in the treating physician or chiropractic physician may be made at any

time but is subject to the approval of the insurer or by order of a hearing officer

or appeals officer. A request for a change of physician or chiropractic physician must be granted or

denied within 10 days after a written request for such a change is received from the

injured employee. If no action is taken on the request within 10 days, the request shall be deemed

granted. Any request for a change of physician or chiropractic physician must include the

name of the new physician or chiropractic physician chosen by the injured employee. If the insurer denies a request for a change in the treating physician or chiropractic

physician under this subsection, the insurer must include in a written notice of denial

to the injured employee the specific reason for the denial of the request. 6. Except when emergency medical care is required and except as otherwise provided

in NRS 616C.055 , the insurer is not responsible for any charges for medical treatment or other accident

benefits furnished or ordered by any physician, chiropractic physician or other person

selected by the injured employee in disregard of the provisions of this section or

for any compensation for any aggravation of the injured employee's injury attributable

to improper treatments by such physician, chiropractic physician or other person. 7. The Administrator may order necessary changes in a panel of physicians and chiropractic

physicians and shall: (a) Suspend or remove any physician or chiropractic physician from a panel for good

cause shown in accordance with NRS 616C.087 ; and (b) Remove from being included on a panel as a practitioner of a discipline or specialization

any physician or chiropractic physician who does not accept and treat injured employees

for industrial injuries or occupational diseases in that discipline or specialization. 8. Any interested person may notify the Administrator, on a form prescribed by the

Administrator, if the person believes that a physician or chiropractic physician does

not accept and treat injured employees: (a) Under chapters 616A to 616D, inclusive, or chapter 617 of NRS for industrial injuries or occupational diseases; or (b) For industrial injuries or occupational diseases in a discipline or specialization

for which the physician or chiropractic physician is included on a panel of physicians

and chiropractic physicians maintained by the Administrator pursuant to this section. 9. If the Administrator receives notice pursuant to subsection 8, the Administrator

shall: (a) Conduct an investigation to determine whether the physician or chiropractic physician

may remain on the panel for a discipline or specialization; and (b) Publish or cause to be published on the Internet website of the Division not later

than 90 days after receiving the notice the results of the investigation. 10. A physician or chiropractic physician who is removed from a panel as a practitioner

of a discipline or specialization pursuant to paragraph (b) of subsection 7 may request,

on a form prescribed by the Administrator, to be reinstated on a panel for that discipline

or specialization if the physician or chiropractic physician demonstrates to the satisfaction

of the Administrator that he or she accepts and treats injured employees for that

discipline or specialization. 11. An injured employee may receive treatment by more than one physician or chiropractic

physician: (a) If the insurer provides written authorization for such treatment; or (b) By order of a hearing officer or appeals officer. 12. The Administrator shall design a form that notifies injured employees of their

right pursuant to subsections 3, 4 and 5 to select an alternative treating physician

or chiropractic physician and make the form available to insurers for distribution

pursuant to subsection 2 of NRS 616C.050 .