616B.021 - Files of claims: Accessibility; maintenance; inspection; reproduction.

616B.021  Files of claims: Accessibility; maintenance; inspection; reproduction.

      1.  An insurer shall provide access to the files of claims in its offices.

      2.  The physical records in a file concerning a claim filed in this State may be kept at an office located outside this State if all records in the file are accessible at offices located in this State on computer in a microphotographic, electronic or other similar format that produces an accurate reproduction of the original. If a claim filed in this State is open, the records in the file must be reproduced and available for inspection during regular business hours within 24 hours after requested by the employee or the employee’s designated agent, the employer or the employer’s designated agent, or the Administrator or the Administrator’s designated agent. If a claim filed in this State is closed, the records in the file must be reproduced and available for inspection during regular business hours within 14 days after requested by such persons.

      3.  Upon request, the insurer shall make copies or other reproductions of anything in the file and may charge a reasonable fee for this service. Copies or other reproductions of materials in the file which are requested by the Administrator or the Administrator’s designated agent, or the Nevada Attorney for Injured Workers or his or her designated agent must be provided free of charge.

      4.  The Administrator may adopt regulations concerning the:

      (a) Maintenance of records in a file on claims that are open or closed; and

      (b) Preservation, examination and use of records which have been stored on computer or in a microphotographic, electronic or similar format by an insurer.

      5.  This section does not require an insurer to allow inspection or reproduction of material regarding which a legal privilege against disclosure has been conferred.

      (Added to NRS by 1979, 1041; A 1981, 712, 1458; 1985, 863; 1989, 331; 1991, 831; 1995, 2012, 2132; 1997, 579; 2001, 960)