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Nevada - Compensation & Benefit Legislation

NEVADA - AASHOWME

Demonstrates www.BenefitsReview.com™ site. Illustrates insurance carriers' coverages within the State.

 

NEVADA - ADOPTED CHILD HEALTH CARE MANDATE

OBRA 1993 (Federal) requires group health plans to honor medical and child support orders. Also, plans must treat adopted children like biological children covered by the plan, and plans are precluded from applying pre-existing condition exclusions to an adopted child where no such exclusion applies to a newborn biological child. Health plans that covered the cost of pediatric vaccines as of May 1, 1993, and fail to continue that level of coverage, will be subject to an excise tax penalty applicable to plans that fail to meet the health care continuation coverage requirements under OBRA 1993.

 

Mandatory coverage of birth of adopted children and transportation to nearest treatment center is included in state's newborn health care mandate.

 

Preventive care for children: No.

 

(Nevada Rev. Stat. Sections 689B.033, 689B.035, 689B.260)

 

NEVADA - ALCOHOLISM & DRUG ABUSE

Mandatory coverage.

 

Minimum yearly inpatient coverage: $9,000 per year, $1,500 for withdrawl treatments.

 

Minimum yearly outpatient coverage: $2,500 per year

 

Minimum yearly outpatient coverage: No statutory requirements.

 

(Nevada Rev. Stat. Sections 689B.030, 689B.036.)

 

NEVADA - CAFETERIA PLAN TAX LAWS

State income tax, unemployment insurance tax on salary reduction: Nevada has no personal income tax. For state Unemployment Insurance purposes, the total amount of employees' salary reductions and any cash that the employee has the option to receive (whether or not the employee chooses the cash option) must be treated as wages. Employer contributions toward life insurance under a cafeteria plan are not Unemployment Insurance taxable.

 

NEVADA - CONTINUATION OF COVERAGE CONVERSIONS

Events Triggering Continuation of Coverage:

 

NEVADA - COORDINATION OF BENEFITS

Requires use of the birthday rule if coordinating benefits. Based on 1986 National Association of Insurance Commissioner Rules model. (Nevada Rev. Stat. Ann. Section 69B.064)

 

NEVADA - COST-OF-LIVING

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian cost-of-living data and U.S. Automobile Cost Survey.

 

NEVADA - DRUG TESTING AND EMPLOYEE ASSISTANCE BENEFITS

State has no statutory requirements.

 

NEVADA - GROUP HEALTH CODE ADDITIONS (MANDATED)

Adopted Children: Policies providing family coverage must cover adopted children as of the date of placement. (Nevada Rev. Stat. Ann. Sections 689.S.043, B.033) Coverage for adopted children and for children placed during an adoption process consists of preventive health care services as well as coverage for injury or sickness, including the treatment of medically diagnosed congenital defects and birth abnormalities. Benefits for children placed for adoption cease if the adoption process terminates. Coverage for adopted children, including coverage under an HMO plan must not be restricted due to pre-existing conditions. (AB 621, 1995) (Nevada Rev. Stat. Section 689B.033; 695C173(4).

 

Alcoholism and Drug Abuse Treatment: Effective 1/1/98, health insurers (HMO's included) must provide alcoholism and drug abuse patients with minimum benefits of $1,500 per calendar year for treatments of withdrawal from physiological effects of substance abuse; $9,000 per calendar year for inpatient treatments in a facility; and $2,500 per calendar year for outpatient counseling for an individual, group, or family. (S428, 1997.) (Nevada Rev. Stat. Ann. Sections 689A.046.) Group policies must cover at least $1,500 for detoxification and $9,000 for inpatient treatment. (Nevada Rev. Stat. Ann. Sections 689B.030.5, 689B.036.

 

Breast Reconstruction and Prostheses: Policies that cover mastectomy must cover breast reconstruction and prostheses on the same basis. (Nevada Rev. Stat. Ann. Sections 689A.041, 689B.0375.)

 

Coverage Continuation and Conversion: Group policies must provide continuation rights to employees and dependents when the employee is absent due to total disability. (Nevada Rev. Stat. Ann. Section 689B.0345.) Group policies must provide continuation and conversion rights to employees involuntarily terminated or who have their working hours reduced for themselves and their dependents and to dependents who become ineligible family members due to age, death of the insured, or dissolution of marriage. (Nevada Rev. Stat. Ann. Sections 689B.245.)

 

Cytologic and Mammography Screening: Policies must cover such screening, as described. (Nevada Rev. Stat. Ann. Sections 689A.0405.)

 

Diabetes: Effective January 1, 1998, health policies must provide coverage for medically necessary treatment of diabetes, including coverage for medication, equipment, supplies and appliances, and self-management procedures. Coverage for diabetes self-management includes training and education after an initial diagnosis, after significant change in symptoms or condition, and after developments of new techniques and treatments. (AB477, 1997) (Nevada Rev. Stat. Ann. Sections 689A.330, 689B, 695C, 695C.330.)

 

Handicapped Dependents: Coverage for dependent children cannot be terminated while a person is incapable of employment due to mental retardation or physical handicap and chiefly dependents on the insured. (Nevada Rev. Stat. Ann. Sections 689.A.045, 689B.035.)

 

Hospice and Home Health Care: Policies must cover services provided by a hospice or home care or heath supportive services if such services would be covered in a medical facility. (Nevada Rev. Stat. Ann. Sections 689A.030.8, 689B.030.4, 689B.030.6.)

 

Managed Care Plans: Managed care plans must contain complaint resolution processes which include initial investigations, review of complaints by specified boards, and appeals procedures. In cases where such plans deny coverage to individuals, such individuals must be notified in writing of reasons for denial, criteria used in making decisions, and complaint rights. (AB156, 1997) (Nevada Rev. Stat. Section 689A.)

 

Mental Health: Patients admitted to mental health facilities must receive information concerning available services; criteria used for decisions on admissions or discharges; written second opinions from a psychiatrist or psychologist not affiliated with an institution; and written explanations and listings of patient rights concerning involuntary commitment and treatment. Within a reasonable time after admission to a facility, mental patients must sign documents which reflect receipt of statements of their rights. Clinical efficiency, not cost-containment concerns, must be the basis for emergency or involuntary court-ordered admissions. Discharges of involuntary court-admitted patients become unconditional 10 days after release unless the court rules otherwise. (AB375, 1997) (Nevada Rev. Stat. Sections 433.456, 433.534.)

 

Newborns: Policies providing family coverage must provide benefits for newborns from the moment of birth for preventive health services, as well as for injury or sickness, including treatment of medically diagnosed congenital defects, birth abnormalities, prematurity, and necessary transportation from place of birth to nearest specialized treatment center. (Nevada Rev. Stat. Ann. Sections 689A.043, 689B.033.) (AB,621, 1995)

 

Policies for Small Employers: Small employers, those employing no fewer than 2 and no more than 25 workers on at least one-half of the working days during the preceding year, may be offered contracts by insurers as part of voluntary purchasing group in compliance with the Act. (SB 538, 1995) (Nevada Rev. Stat. Section 689C.)

 

Pregnancy: Policies must cover pregnancy-related complications, as defined, to the same extent as pregnancy. (Nevada Rev. Stat. Ann. Sections 689A.042, 689B.260.)

 

Providers: Psychologists, chiropractors, registered nurses, marriage and family therapists, and social workers: Costs for services must be covered if the provider is licensed, the service is within the provider's scope of services, and the service is covered by the policy. (Nevada Rev. Stat. Ann. Sections 689A.048, 689A.049, 689A.0495, 689B.038, 689B.039, 689B.045, 689B.383, 689B.385.)

 

Temporomandibular Joint Disorder: Policies must cover at least 50 percent of costs for medically necessary treatment, other than recognized dental procedures, up to 50 percent of maximum benefits provided under the policy for such treatment. (Nevada Rev. Stat. Ann. Section 689A.0465, 689B.0379.)

 

NEVADA - GROUP HEALTH FOR SMALL EMPLOYERS

For insurance plans offered to small employers:

 

NEVADA - GROUP LIFE CODE ADDITIONS

Employer required to pay part of premium: No.

 

Percent of employees who must elect coverage (if employees pay part of premium): No statutory requirements.

 

Percent of employees who must be covered if employer pays all of premium: No statutory requirements.

 

Minimum number of employees in group plan: No statutory requirements.

 

Employer prohibited as beneficiary: No.

 

Grace period (days): 31.

 

Mandatory conversion: Yes.

 

Other provisions: None.

 

(Nevada Rev. Stat. Sections 688B.030, 688B, 050, 688B.120)

 

NEVADA - HOLIDAYS

January 1, Washington's Birthday (or 3rd Monday in February), Memorial Day (or last Monday in May), July 4, Labor Day (or 1st Monday in September), Veterans Day, and December 25 are state holidays in all 50 states and in the District of Columbia. Other holidays under State law include: Martin Luther King's birthday (or 3rd Monday in January), Thanksgiving. Other: Days appointed by the President. If January 1, July 4, November 11, or December 25 fall on Sunday, following Monday is a holiday.

 

(Nevada Rev. Stat. Sections 236.015, 236.018, 236.045)

 

NEVADA - IMMIGRATION (PREVAILING WAGE POLICY)

See U.S. Federal General Administrative Letter 1-2000

 

NEVADA - JURY DUTY & WITNESS TIME OFF

Employer Restriction For Discharging Employee For Taking Leave For Jury Service: Yes.

 

Remedies and Penalties: Violator is guilty of a gross misdemeanor. Employee may bring civil action for damages equal to amount of lost wages and benefits, reinstatement, and reasonable attorney fees.

 

Other Requirements: Employee must give employer at least 1 day notice prior to commencement of jury service. (Nevada Rev. Stat. Ann. Section 6.190.)

 

Employer Restriction For Discharging Employee For Taking Leave to be a Witness: Yes.

 

Remedies and Penalties: Violator is guilty of a gross misdemeanor. Employee may bring civil action for damages equal to amount of lost wages and benefits, reinstatement, and reasonable attorney fees.

 

Other Requirements: Victim or witness of a crime may request prosecuting attorney, sheriff or police chief to intercede to minimize loss of pay and benefits resulting from court appearances.

 

NEVADA - LEAVES OF ABSENCE

Employers Subject to Leave Laws: All employers.

 

Criteria for Eligibility: There are no minimum employment requirements.

 

Maximum length of leave: State reports no statutory requirements other than, pregnancy is to be treated the same as any other sickness or disability.

 

Paid Leave: The state does not require paid leave.

 

Acceptable Reasons for Leave: Childbirth, miscarriage, or other natural resolutions to pregnancy.

 

Employment Guarantees After Leave: State reports no statutory requirements.

 

Use of Vacation or other Time-off Benefits: State reports no statutory requirements.

 

Certification Required: State reports no statutory requirements.

 

Effect Of Leave on Other Benefits: State reports no statutory requirements.

 

Effect of Seniority Accrual During Leave: State reports no statutory requirements other than, pregnancy is to be treated same as any other sickness of disability.

 

Minimum Requirements for Notification to Employer: State reports no statutory requirements.

 

Conditions for Denial of a Request For Leave: State reports no statutory requirements.

 

(Nevada Rev. Stat. Section 613.335.)

 

See U.S. Federal Family and Medical Leave Act

 

NEVADA - LONG TERM DISABILITY CODE ADDITIONS

State does not require employer to provide long term disability benefits; although many employers do in order to remain competitive in hiring/retention of employees.

 

See LEAVES OF ABSENCE (above), WORKERS' COMPENSATION (below) and U.S. Federal Americans With Disabilities Act

 

NEVADA - MANDATED PROVIDERS

Chiropractors, psychologists, and social workers. Mandatory coverage for marriage and family therapists, acupuncturists, and nursing services.

 

(Nevada Rev. Stat. Section 689B.038, 689B.039, 689B.0383, 689B.045, 689B.049)

 

NEVADA - MENTAL HEALTH CARE

State reports no statutory requirements.

 

NEVADA - MINIMUM WAGE

Refer to the Federal minimum wage: $5.15 per hour (effective September 1, 1997).

 

Exemptions: Certain agriculture workers, domestics, outside sales, and handicapped workers in special environments.

 

(Nevada Rev. Stat. Section 608.250, Notice of Labor Commissioner effective 4/1/91)

 

See U.S. Minimum Wage

 

NEVADA - NEW HIRE REPORTING

Who is required to report: All employers.

 

Who must be reported: All new employees and rehires.

 

Exempt from reporting: No exemptions.

 

Form(s) to file: W-4 or other form containing required information.

 

Filing deadline: Within 20 days of hire.

 

Employer information to be included: Name, address, and federal tax number EIN.

 

Employee information to be included: Name, address, and SSN.

 

Penalty for failure to report: $25 for each offense.

 

(Assembly Bill 401, Section 298)

 

NEVADA - NEWBORN CARE MANDATE

Mandated coverage including transportation to nearest treatment center must also be covered.

 

Preventive care for children: No.

 

(Nevada Rev. Stat. Sections 689B.033, 689B.035, 689B.260)

 

NEVADA - PARENTAL LEAVE

See U.S. Federal Family and Medical Leave Act

 

NEVADA - PRE-EXISTING CONDITIONS

For insurance plans offered to small employers, coverage may not be excluded for more than 6 months if employer enrolls through open enrollment, if the employee is a qualified late enrollee, or if the employee had prior coverage; 12 months if employee is a late enrollee. (Nevada Rev. Stat. Sections 689C.095, 689C.115, 689C.190, 689C.210, 689C.310, 689C.330, 689C.420)

 

See U.S. Federal Health Insurance Portability & Accountability Act

 

NEVADA - PROTECTED CLASSIFICATIONS

Age:   Yes.

Race:   Yes.

Color:  Yes.

National Origin:  Yes.

Ancestry:  No specific law. State has expressed policy against discrimination.

Religion:   Yes.

Sex:   Yes.

Pregnancy:   Yes.

Sexual Harassment: No specific law. State has expressed policy against discrimination.

 

(Nev. Rev. Stat. Sections 613.330, 613.335.)

 

NEVADA - SALARY SURVEY

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian wages & salaries (covering 3,000 positions).

 

NEVADA - SHORT TERM DISABILITY CODE ADDITIONS

State does not require employer or employee participation in short term disability plans.

 

NEVADA - TERMINATION & SEVERANCE PAY

Date pay is due if employee is discharged: Immediately.

 

Date due if employee resigns: Earlier of payday or within 7 days.

 

Wages: Yes. (Wages defined to include commissions, but not bonuses or profit-sharing arrangements.)

 

Vacation Pay: No.

 

Holiday: No.

 

Sick leave: No.

 

Severance: No.

 

(Nevada Rev. Stat. Sections 608.020, 608.030)

 

NEVADA - UNEMPLOYMENT TAX

Employer Contributions:

 

 

Voluntary Contribution Provision: No.

 

(Nevada Rev. Stat. Ann. Sections 612.260, 612.540, 612.550.)

 

NEVADA - VACATION PAY

State has no statutory provisions.

 

NEVADA - VOTING TIME OFF

Sufficient time to vote if it is impracticable for employee to vote before or after work. Sufficient time is defined as follows: 1 hour if distance between place of employment and polling place is 2 miles or less; 2 hours if distance is more than 2 but not more than 10 miles; and 3 hours if distance is more than 10 miles. (Nevada Rev. Stat. Ann. Sections 293.463, 293-710.)

 

NEVADA - WORKERS' COMPENSATION

Private Employers: Mandatory as to all employments. Elective as to sole proprietors.

 

Public Employers: Mandatory coverage to all public employments, including public contractors. Also includes unpaid members of state departments, boards, commissions, agencies, or bureaus appointed by a statutory authority; members of local bands and orchestras.

 

Exceptions: Farm labor; domestic servants, casual employees; employees engaged without pay in employer's social or athletic events; voluntary ski patrol persons; and any clergy, rabbi or lay reader.

 

Special Coverage Provisions: Voluntary as to exempt employments. Employee may elect compensation if mandated employer is uninsured.

 

(U.S. Chamber of Commerce, 1994 Analysis of Workers' Compensation Laws.)