1. Upon receipt of a complaint for a violation of subsection 1, 2 or 3 of NRS 616D.120, or if the Administrator has reason to believe that such a violation has occurred, the Administrator shall:
(a) Promptly provide a copy of the complaint, or an explanation of the reason the Administrator believes that a violation has occurred to:
- (1) The Commissioner; and
- (2) The insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization that allegedly committed the violation; and
- (b) Cause to be conducted an investigation of the alleged violation.
2. The Administrator shall:
- (a) Within 30 days after receipt of a complaint pursuant to subsection 1, initiate an investigation;
- (b) Within 60 days after the date on which the investigation is initiated, complete the investigation; and
(c) Within 30 days after the investigation is completed, render a determination and deliver a copy of the determination to:
- (1) The Commissioner; and
- (2) The insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization that was the subject of the investigation.
3. The determination rendered pursuant to subsection 2 must include the Administrator’s findings of fact, any settlement agreement on the matter and, if the Administrator determines that a violation has occurred, one or more of the following:
- (a) The amount of any fine required to be paid pursuant to NRS 616D.120.
- (b) The amount of any benefit penalty required to be paid to a claimant pursuant to NRS 616D.120.
- (c) A plan of corrective action to be taken by the insurer, organization for managed care, health care provider, third-party administrator or employer, including the manner and time within which the violation must be corrected.
- (d) A requirement that notice of the violation be given to the appropriate agency that regulates the activities of the violator.
- 4. If, based upon the Administrator’s findings of fact, the Administrator determines that a violation has not occurred, the Administrator shall issue a determination to that effect.
(Added to NRS by 1995, 1637; A 2003, 1680; 2023, 3638)