Assembly Bill No. 391-Committee on Health and Human Services
April 21, 1997
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Referred to Committee on Health and Human Services
SUMMARY--Decreases threshold amount for requiring approval of proposed expenditures for new construction by or on behalf of health facility in certain counties. (BDR 40-1314)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to health care; decreasing the threshold amount for requiring approval of proposed expenditures for new construction by or on behalf of a health facility in certain counties; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 439A.100 is hereby amended to read as follows:
439A.100 1. Except as otherwise provided in this section, in a county whose population is less than 100,000, no person may undertake any proposed expenditure for new construction by or on behalf of a health facility in excess of the greater of [$2,000,000] $1,000,000 or such an amount as the department may specify by regulation, which under generally accepted accounting principles consistently applied is a capital expenditure, without first applying for and obtaining the written approval of the director. The health division of the department of human resources shall not issue a new license or alter an existing license for such a project unless the director has issued such an approval.
2. The provisions of subsection 1 do not apply to:
(a) Any capital expenditure for:
(1) The acquisition of land;
(2) The construction of a facility for parking;
(3) The maintenance of a health facility;
(4) The renovation of a health facility to comply with standards for safety, licensure, certification or accreditation;
(5) The installation of a system to conserve energy;
(6) The installation of a system for data processing or communication; or
(7) Any other project which, in the opinion of the director, does not relate directly to the provision of any health service; or
(b) Any project for the development of a health facility that has received legislative approval and authorization.
Upon determining that a project satisfies the requirements for an exemption pursuant to this subsection, the director shall issue a certificate which states that the project is exempt from the requirements of this section.
3. In reviewing an application for approval, the director shall:
(a) Comparatively assess applications for similar projects affecting the same geographic area; and
(b) Base his decision on criteria established by the director by regulation. The criteria must include:
(1) The need for and the appropriateness of the project in the area to be served;
(2) The financial feasibility of the project;
(3) The effect of the project on the cost of health care; and
(4) The extent to which the project is consistent with the purposes set forth in NRS 439A.020 and the priorities set forth in NRS 439A.081.
4. The department may by regulation require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the location of the project or a substantial increase in the cost of the project.
5. The decision of the director is a final decision for the purposes of judicial review.
Sec. 2. This act becomes effective on July 1, 1997.