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Senate Bill No. 148-Committee on Government Affairs

(On Behalf of the Department of Human Resources)

February 20, 1997
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Referred to Committee on Government Affairs

SUMMARY--Makes various changes relating to subpoenas issued by department of human resources and revises provisions governing collection and dissemination of certain information by department of human resources. (BDR 18-591)

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 the department of human resources; revising provisions governing the issuance of certain subpoenas by the department of human resources; prohibiting the department from collecting or maintaining certain information; repealing the requirement that the department disseminate a listing of hospitals and their charges for services; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 NRS 449.460 is hereby amended to read as follows:
449.460The director may:
1. Adopt regulations respecting the exercise of the powers conferred by NRS 449.450 to 449.530, inclusive.
2. Hold public hearings, conduct investigations and require the filing of information relating to any matter affecting the cost of services in all institutions subject to the provisions of NRS 449.450 to 449.530, inclusive, and may subpoena witnesses, financial papers, records and documents in connection therewith. An order requiring the filing of information or a subpoena issued pursuant to this subsection must state the purpose for which it is issued. The director may also administer oaths in any hearing or investigation.
3. Exercise, subject to the limitations and restrictions imposed in NRS 449.450 to 449.530, inclusive, all other powers which are reasonably necessary to carry out the expressed objects of those sections.
4. Delegate to any of the divisions of the department the authority to carry out the provisions of NRS 449.450 to 449.530, inclusive.
Sec. 2. NRS 449.510 is hereby amended to read as follows:
449.5101. The director shall prepare and file such summaries, compilations or other supplementary reports based on the information filed with him pursuant to NRS 449.450 to 449.530, inclusive, as will advance the purposes of those sections. All such summaries, compilations and reports are open to public inspection, must be made available to requesting agencies and must be prepared within a reasonable time following the end of each institution's fiscal year or more frequently as specified by the director. [The summaries, compilations and reports must include information regarding each hospital's average and total contractual allowances to categories of payers who pay on the basis of alternative rates rather than billed charges.]
2. The director shall not collect, maintain, disclose , [or] report or publish the details of contracts entered into by a hospital, or collect, maintain, disclose , [or] report or publish information pursuant to this section in a manner that would allow identification of an individual payer or other party to a contract with the hospital, except that the director may disclose to other state agencies the details of contracts between the hospital and a related entity. A state agency shall not collect, maintain, disclose , [or] report or publish information disclosed to the agency by the director pursuant to this subsection in a manner that would allow identification of an individual payer or other party to a contract with the hospital. The director may review any such contracts at the hospital or at a location specified by the hospital.
3. As used in this section, "related entity" means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.
Sec. 3. NRS 439A.106 is hereby repealed.
Sec. 4. This act becomes effective upon passage and approval.

TEXT OF REPEALED SECTION

439A.106Department to prepare listing of hospitals and charges for services; disclosure of details of contracts.
1. The department shall prepare annually and release for publication or other dissemination a listing of every hospital in the state and its charges for representative services. The listing must include information regarding each hospital's average and total contractual allowances to categories of payers who pay on the basis of alternative rates rather than billed charges.
2. The department shall not disclose or report the details of contracts entered into by a hospital, or disclose or report information pursuant to this section in a manner that would allow identification of an individual payer or other party to a contract with the hospital, except that the department may disclose to other state agencies the details of contracts between the hospital and a related entity. A state agency shall not disclose or report information
disclosed to the agency by the department pursuant to this subsection in a manner that would allow identification of an individual payer or other party to a contract with the hospital.
3. As used in this section, "related entity" means an affiliated person or subsidiary as those terms are defined in NRS 439B.430.

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