SB 7

                         Senate Bill No. 7–Senator Cannizzaro
                                           CHAPTER..........
AN ACT relating to occupational diseases; revising provisions
    governing the circumstances when diseases of the lungs are
    considered to be an occupational disease for certain police
    officers, firefighters or arson investigators; and providing
    other matters properly relating thereto.
Legislative Counsel’s Digest:
     Existing law provides for the payment of compensation for temporary or
permanent disability or death for diseases of the lungs caused by exposure to heat,
smoke, fumes, tear gas or any other noxious gases, arising out of and in the course
of employment for certain firefighters, arson investigators and police officers.
Existing law also provides that a disease of the lungs is conclusively presumed to
have arisen out of and in the course of employment for firefighters, arson
investigators and police officers who have been employed in such a full-time
continuous, uninterrupted and salaried occupation for 2 or more years before the
date of disablement under certain circumstances. (NRS 617.455) Section 1 of this
bill provides that this conclusive presumption for such firefighters, arson
investigators and police officers is not conditioned on whether the disease of the
lungs was caused by exposure to heat, smoke, fumes, tear gas or any other noxious
gas. Section 2 of this bill provides that this conclusive presumption for such
firefighters, arson investigators and police officers applies retroactively to claims
filed on or before the effective date of this bill.
 EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
   THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
      SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
    Section 1. NRS 617.455 is hereby amended to read as follows:
    617.455 1. Notwithstanding any other provision of this
chapter, diseases of the lungs, resulting in either temporary or
permanent disability or death, are occupational diseases and
compensable as such under the provisions of this chapter if , except
as otherwise provided in subsection 5, caused by exposure to heat,
smoke, fumes, tear gas or any other noxious gases, arising out of
and in the course of the employment of a person who, for 2 years or
more, has been:
    (a) Employed in this State in a full-time salaried occupation of
fire fighting or the investigation of arson for the benefit or safety of
the public;
    (b) Acting as a volunteer firefighter in this State and is entitled
to the benefits of chapters 616A to 616D, inclusive, of NRS
pursuant to the provisions of NRS 616A.145; or
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    (c) Employed in a full-time salaried occupation as a police
officer in this State.
    2. Except as otherwise provided in subsection 3, each
employee who is to be covered for diseases of the lungs pursuant to
the provisions of this section shall submit to a physical examination,
including a thorough test of the functioning of his or her lungs and
the making of an X-ray film of the employee’s lungs, upon
employment, upon commencement of the coverage, once every 2
years until the employee is 40 years of age or older and thereafter on
an annual basis during his or her employment.
    3. Each volunteer firefighter who is to be covered for diseases
of the lungs pursuant to the provisions of this section shall submit
to:
    (a) A physical examination upon employment and upon
commencement of the coverage; and
    (b) The making of an X-ray film of the volunteer firefighter’s
lungs once every 3 years after the physical examination that is
required upon commencement of the coverage,
 until the volunteer firefighter reaches the age of 50 years. Each
volunteer firefighter who is 50 years of age or older shall submit to a
physical examination once every 2 years during his or her
employment. As used in this subsection, “physical examination”
includes the making of an X-ray film of the volunteer firefighter’s
lungs but excludes a thorough test of the functioning of his or her
lungs.
    4. All physical examinations required pursuant to subsections 2
and 3 must be paid for by the employer.
    5. [A] Notwithstanding the provisions of subsection 1 or any
other provision of this chapter, a disease of the lungs is not
required to be caused by exposure to heat, smoke, fumes, tear gas
or any other noxious gases and is conclusively presumed to have
arisen out of and in the course of the employment of a person who
has been employed in a full-time continuous, uninterrupted and
salaried occupation as a police officer, firefighter or arson
investigator for 2 years or more before the date of disablement if the
disease is diagnosed and causes the disablement:
    (a) During the course of that employment;
    (b) If the person ceases employment before completing 20 years
of service as a police officer, firefighter or arson investigator, during
the period after separation from employment which is equal to the
number of years worked; or
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    (c) If the person ceases employment after completing 20 years
or more of service as a police officer, firefighter or arson
investigator, at any time during the person’s life.
 Service credit which is purchased in a retirement system must not
be calculated towards the years of service of a person for the
purposes of this section.
    6. Frequent or regular use of a tobacco product within 1 year,
or a material departure from a physician’s prescribed plan of care by
a person within 3 months, immediately preceding the filing of a
claim for compensation excludes a person who has separated from
service from the benefit of the conclusive presumption provided in
subsection 5.
    7. Failure to correct predisposing conditions which lead to lung
disease when so ordered in writing by the examining physician after
a physical examination required pursuant to subsection 2 or 3
excludes the employee from the benefits of this section if the
correction is within the ability of the employee.
    8. A person who is determined to be:
    (a) Partially disabled from an occupational disease pursuant to
the provisions of this section; and
    (b) Incapable of performing, with or without remuneration, work
as a firefighter, police officer or arson investigator,
 may elect to receive the benefits provided under NRS 616C.440
for a permanent total disability.
    9. A person who files a claim for a disease of the lungs
specified in this section after he or she retires from employment as a
police officer, firefighter or arson investigator is not entitled to
receive any compensation for that disease other than medical
benefits.
    10. The Administrator shall review a claim filed by a claimant
pursuant to this section that has been in the appeals process for
longer than 6 months to determine the circumstances causing the
delay in processing the claim. As used in this subsection, “appeals
process” means the period of time that:
    (a) Begins on the date on which the claimant first files or
submits a request for a hearing or an appeal of a determination
regarding the claim; and
    (b) Continues until the date on which the claim is adjudicated to
a final decision.
    11. Except as otherwise provided in this subsection, if an
employer, insurer or third-party administrator denies a claim that
was filed pursuant to this section and the claimant ultimately
prevails, the Administrator may order the employer, insurer or
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third-party administrator, as applicable, to pay to the claimant a
benefit penalty of not more than $200 for each day from the date on
which an appeal is filed until the date on which the claim is
adjudicated to a final decision. Such benefit penalty is payable in
addition to any benefits to which the claimant is entitled under the
claim and any fines and penalties imposed by the Administrator
pursuant to NRS 616D.120. If a hearing before a hearing officer is
requested pursuant to NRS 616C.315 and held pursuant to NRS
616C.330, the employer, insurer or third-party administrator, as
applicable, shall pay to the claimant all medical costs which are
associated with the occupational disease and are incurred from the
date on which the hearing is requested until the date on which the
claim is adjudicated to a final decision. If the employer, insurer or
third-party administrator, as applicable, ultimately prevails, the
employer, insurer or third-party administrator, as applicable, is
entitled to recover the amount paid pursuant to this subsection in
accordance with the provisions of NRS 616C.138.
    Sec. 2. The amendatory provisions of section 1 of this act
apply retroactively to claims filed on or before the effective date of
this act.
    Sec. 3. Notwithstanding the provisions of NRS 218D.430 and
218D.435, a committee may vote on this act before the expiration of
the period prescribed for the return of a fiscal note in NRS
218D.475. This section applies retroactively from and after
November 13, 2025.
    Sec. 4. The provisions of NRS 354.599 do not apply to any
additional expenses of a local government that are related to the
provisions of this act.
    Sec. 5. This act becomes effective upon passage and approval.
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