Nevada Code § 617.356

Duty of insurer to accept or deny claim; written determination
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1. An insurer shall accept or deny a claim
for compensation under this chapter and notify the claimant or the person
acting on behalf of the claimant pursuant to NRS
617.344 that the claim has been accepted or denied within 30 working days
after the forms for filing the claim for compensation are received pursuant to
both NRS 617.344 and 617.352 .
2. The insurer shall notify the claimant
or the person acting on behalf of the claimant that a claim has been accepted
or denied pursuant to subsection 1 by:
(a) Mailing its written determination to the
claimant or the person acting on behalf of the claimant and, if the claim has
been denied, in whole or in part, obtaining a certificate of mailing; or
(b) If and as requested by the claimant or the
person acting on behalf of the claimant, sending its written determination to
the claimant or the person acting on behalf of the claimant by facsimile or
other electronic transmission the proof of sending and receipt of which is
readily verifiable and retaining proof of a successful transmission and receipt
of the facsimile or other electronic transmission, as applicable.
3. The failure of the insurer to, as
applicable:
(a) Obtain a certificate of mailing as required
by paragraph (a) of subsection 2 shall be deemed to be a failure of the insurer
to mail the written determination of the denial of a claim as required by this
section; or
(b) Retain proof of a successful transmission and
receipt of the facsimile or other electronic transmission the proof of sending
and receipt of which is readily verifiable, as applicable, as required by
paragraph (b) of subsection 2 shall be deemed to be a failure of the insurer to
send by facsimile or other electronic transmission the written determination
regarding a claim as required by this section.
4. Upon request, the insurer shall provide
a copy of the certificate of mailing, if any, or proof of a successful
transmission and receipt of the facsimile or other electronic transmission the
proof of sending and receipt of which is readily verifiable, as applicable, to
the claimant or the person acting on behalf of the claimant.
5. For the purposes of this section, the
insurer shall either:
(a) Mail the written determination to:
(1) The mailing address of the claimant or
the person acting on behalf of the claimant that is provided on the form
prescribed by the Administrator for filing the claim; or
(2) Another mailing address if the
claimant or the person acting on behalf of the claimant provides to the insurer
written notice of another mailing address; or
(b) If and as requested by the claimant or the
person acting on behalf of the claimant, send the written determination by
facsimile or other electronic transmission the proof of sending and receipt of
which is readily verifiable to the claimant or person acting on behalf of the
claimant.
6. As used in this section, certificate
of mailing means a receipt that provides evidence of the date on which the
insurer presented its written determination to the United States Postal Service
for mailing.

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