NRS 287.0465
Board subrogated to rights of member

  • lien upon proceeds of recovery from person liable for illness or injury.

1.

If a member incurs an illness or injury for which medical services are payable under the plan for self-insurance established by the Board and the illness or injury is incurred under circumstances creating a legal liability in some person, other than the member, to pay all or part of the cost of those services, the Board is subrogated to the right of the member to the extent of all such costs, and may join or intervene in any action by the member or any successor in interest, to enforce that legal liability.

2.

If a member or any successor in interest fails or refuses to commence an action to enforce that legal liability, the Board may commence an independent action, after notice to the member or any successor in interest, to recover all costs to which it is entitled. In any such action by the Board, the member may be joined as a third party defendant.

3.

If the Board is subrogated to the rights of the member or any successor in interest as provided in subsection 1, the Board has a lien upon the total proceeds of any recovery from the persons liable, whether the proceeds of the recovery are by way of a judgment or settlement or otherwise. Within 15 days after recovery by receipt of the proceeds of the judgment, settlement or other recovery, the member or any successors in interest shall notify the Board of the recovery and pay the Board the amount due to it pursuant to this section. The member or any successors in interest are not entitled to double recovery for the same injury.

4.

The member or any successors in interest shall notify the Board in writing before entering any settlement or agreement or commencing any action to enforce the legal liability referred to in subsection 1.

5.

As used in this section, “member” means:

(a)

An active or retired officer or employee of the State or a dependent of such an officer or employee who is covered under the Program; and

(b)

An active or retired officer or employee of a local governmental agency or a dependent of such an officer or employee who is covered under the Program.

Source: Section 287.0465 — Board subrogated to rights of member; lien upon proceeds of recovery from person liable for illness or injury., https://www.­leg.­state.­nv.­us/NRS/NRS-287.­html#NRS287Sec0465.

287.044
Payment of premiums or contributions to Program 287.045
Persons eligible to participate in Program 287.046
Office of Finance to establish assessment to pay portion of premiums or contributions for participating retirees with state service 287.047
Retention by certain retired state officers and employees of membership in and dependents’ coverage under Program. 287.048
Membership in or assignment of wages or salary in payment of premiums or contributions for Program not compulsory. 287.049
Costs of premiums or contributions to be budgeted. 287.0438
Records of Program deemed public records 287.0439
Participating public agency required to furnish certain notice and information to Board and make records available for inspection 287.0445
Payment of premiums or contributions for state officer or employee injured in course of employment while member of Program. 287.0465
Board subrogated to rights of member 287.0467
Retention by certain short-term state employees of membership in and dependents’ coverage under Program. 287.0475
Reinstatement of insurance by retired public officer or employee or surviving spouse. 287.0477
Option of surviving spouse or child of police officer, firefighter or volunteer firefighter killed in line of duty to join or continue coverage under Public Employees’ Benefits Program 287.0479
Option of large group of state officers and employees to leave Program and obtain group insurance from insurer or employee benefit plan 287.0485
No inherent right to certain benefits. 287.0487
Participant in Program may seek assistance from Office for Consumer Health Assistance regarding coverage. 287.04385
Action by Program to recover delinquent payments, penalties or late fees
Last Updated

Jun. 24, 2021

§ 287.0465’s source at nv​.us