Nevada’s Newest Restrictions on Mental and Physical Examinations Affect Claims

The ability to examine a claimant is often an important part of assessing bodily injury claims. Nevada’s 2023 legislative session created new barriers to obtaining these examinations, whether based on court rules or contractual requirements.

The changes were contained in AB 244 and will eventually be included in NRS Chapter 629. These changes, advocated for by the Nevada Justice Association, are intended to significantly disrupt the ability of claims organizations to gather information and evaluate claims.

Significant litigation is anticipated to determine whether these new requirements are enforceable at all and, if so, in what contexts. This uncertainty and the accompanying disruption could last several years until Nevada’s appellate courts resolve these disputes.

How did we get here and what can be done about it?