Assembly Bill No. 236–Assemblymen Buckley, Perkins, Goldwater, Koivisto, Gibbons, Angle, Arberry, Atkinson, Beers, Carpenter, Chowning, Claborn, Collins, Geddes, Giunchigliani, Goicoechea, Grady, Griffin, Gustavson, Hettrick, Knecht, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Pierce and Weber

 

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AN ACT relating to the Office for Consumer Health Assistance; requiring the Office to assist consumers in gaining information regarding certain prescription drug programs; authorizing the Office to accept gifts, grants and donations to support this service; 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. Chapter 223 of NRS is hereby amended by adding

thereto a new section to read as follows:

    “Prescription drug program” means a program:

    1.  Sponsored or conducted by a manufacturer of prescription

drugs at no charge; or

    2.  Offered by the State of Nevada or a political subdivision

thereof.

    Sec. 2.  NRS 223.500 is hereby amended to read as follows:

    223.500  As used in NRS 223.500 to 223.580, inclusive, and

section 1 of this act, unless the context otherwise requires, the

words and terms defined in NRS 223.510, 223.520 and 223.530 and

section 1 of this act have the meanings ascribed to them in those

sections.

    Sec. 3.  NRS 223.510 is hereby amended to read as follows:

    223.510  “Consumer” means a natural person who has or is in

need of coverage under a health care plan[.] or who is in need of

information or other assistance regarding a prescription drug

program.

    Sec. 4.  NRS 223.550 is hereby amended to read as follows:

    223.550  1.  The Office for Consumer Health Assistance is

hereby established in the Office of the Governor. The Governor

shall appoint the Director. The Director must:

    (a) Be:

        (1) A physician, as that term is defined in NRS 0.040;

        (2) A registered nurse, as that term is defined in

NRS 632.019;

        (3) An advanced practitioner of nursing, as that term is

defined in NRS 453.023; or

        (4) A physician assistant, as that term is defined in

NRS 630.015; and

    (b) Have expertise and experience in the field of advocacy.

    2.  The cost of carrying out the provisions of NRS 223.500 to

223.580, inclusive, must be paid as follows:

    (a) That portion of the cost related to providing assistance to

consumers and injured employees concerning workers’

compensation must be paid from the assessments levied pursuant to

NRS 232.680.

    (b) That portion of the cost related to the operation of the

Bureau for Hospital Patients created pursuant to NRS 223.575 must

be paid from the assessments levied pursuant to that section.

    (c) That portion of the cost related to providing assistance to

consumers in need of information or other facilitation regarding a

prescription drug program may, to the extent money is available

from this source, be paid from the proceeds of any gifts, grants or

donations that are received by the Director for this purpose.

    (d) The remaining cost must be provided by direct legislative

appropriation from the State General Fund and be paid out on claims

as other claims against the State are paid.

    Sec. 5.  NRS 223.560 is hereby amended to read as follows:

    223.560  The Director shall:

    1.  Respond to written and telephonic inquiries received from

consumers and injured employees regarding concerns and problems

related to health care and workers’ compensation;

    2.  Assist consumers and injured employees in understanding

their rights and responsibilities under health care plans and policies

of industrial insurance;

    3.  Identify and investigate complaints of consumers and

injured employees regarding their health care plans and policies of

industrial insurance and assist those consumers and injured

employees to resolve their complaints, including, without limitation:

    (a) Referring consumers and injured employees to the

appropriate agency, department or other entity that is responsible for

addressing the specific complaint of the consumer or injured

employee; and

    (b) Providing counseling and assistance to consumers and

injured employees concerning health care plans and policies of

industrial insurance;

    4.  Provide information to consumers and injured employees

concerning health care plans and policies of industrial insurance in

this state;

    5.  Establish and maintain a system to collect and maintain

information pertaining to the written and telephonic inquiries

received by the Office;

    6.  Take such actions as are necessary to ensure public

awareness of the existence and purpose of the services provided by

the director pursuant to this section; [and]

    7.  In appropriate cases and pursuant to the direction of the

Governor, refer a complaint or the results of an investigation to the

Attorney General for further action[.] ; and

    8.  Provide information to and applications for prescription

drug programs for consumers without insurance coverage for

prescription drugs or pharmaceutical services.

    Sec. 6.  NRS 223.570 is hereby amended to read as follows:

    223.570  1.  The Director may:

    (a) Within the limits of available money, employ:

        (1) Such persons in the unclassified service of the State as he

determines to be necessary to carry out the provisions of this section

and NRS 223.560 and 223.580, 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 and 223.580, who

must be in the classified service of the state.

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 Director employs him.

    (b) 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

he determines to be necessary to carry out the provisions of this

section and NRS 223.560 and 223.580.

    (c) Adopt such regulations as he determines to be necessary to

carry out the provisions of this section and NRS 223.560 and

223.580.

    (d) Apply for any available grants, accept any gifts, grants or

donations and use any such gifts, grants or donations to aid the

Office in carrying out its duties pursuant to subsection 8 of

NRS 223.560.

    2.  The Director and his employees shall not have any conflict

of interest relating to the performance of their duties pursuant to this

section and NRS 223.560 and 223.580. For the purposes of this

subsection, a conflict of interest shall be deemed to exist if the

Director or employee, or any person affiliated with the Director 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.

 

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