NRS223.570. Powers of Advocate; conflicts of interest.

      1.  The Advocate, within the limits of available money:

      (a) Shall, to carry out the provisions of this section and NRS 223.560, employ at least two persons who have experience in the field of workers’ compensation, including, without limitation, persons who have experience in administering claims or programs related to policies of industrial insurance, representing employees in contested claims relating to policies of industrial insurance or advocating for the rights of injured employees; and

      (b) May, in addition to the persons required to be employed pursuant to paragraph (a), employ:

             (1) Such persons in the unclassified service of the State as the Advocate determines to be necessary to carry out the provisions of this section and NRS 223.560, including, without limitation, a provider of health care, as that term is defined in NRS 449.581.

             (2) Such additional personnel as may be required to carry out the provisions of this section and NRS 223.560, who must be in the classified service of the State.

Ê A person employed pursuant to the authority set forth in this subsection must be qualified by training and experience to perform the duties for which the Advocate employs that person.

      2.  The Advocate may:

      (a) To the extent not otherwise prohibited by law, obtain such information from consumers, injured employees, health care plans, prescription drug programs and policies of industrial insurance as the Advocate determines to be necessary to carry out the provisions of this section and NRS 223.560.

      (b) Apply for any available grants, accept any gifts, grants or donations and use any such gifts, grants or donations to aid the Office for Consumer Health Assistance in carrying out its duties pursuant to paragraphs (h) and (i) of subsection 1 of NRS 223.560.

      3.  The Advocate and the Advocate’s employees shall not have any conflict of interest relating to the performance of their duties pursuant to this section and NRS 223.560. For the purposes of this subsection, a conflict of interest shall be deemed to exist if the Advocate or employee, or any person affiliated with the Advocate or employee:

      (a) Has direct involvement in the licensing, certification or accreditation of a health care facility, insurer or provider of health care;

      (b) Has a direct ownership interest or investment interest in a health care facility, insurer or provider of health care;

      (c) Is employed by, or participating in, the management of a health care facility, insurer or provider of health care; or

      (d) Receives or has the right to receive, directly or indirectly, remuneration pursuant to any arrangement for compensation with a health care facility, insurer or provider of health care.

      (Added to NRS by 1999, 1807; A 2001, 2653; 2003, 1508; 2005, 1073; 2005, 22nd Special Session, 156; 2011, 588, 974; 2013, 1615)