Senate Bill No. 462–Committee on Human
Resources and Facilities

 

March 24, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Creates Division of Minority Health within Department of Human Resources. (BDR 18‑1061)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to health care; creating the Division of Minority Health within the Department of Human Resources; creating an Advisory Committee to the Division of Minority Health; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 232 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 to 17, inclusive, of this

1-3  act.

1-4  Sec. 2.  As used in sections 2 to 17, inclusive, of this act,

1-5  unless the context otherwise requires, the words and terms defined

1-6  in sections 3 to 6, inclusive, of this act, have the meanings

1-7  ascribed to them in those sections.

1-8  Sec. 3.  “Administrator” means the Administrator of the

1-9  Division.

1-10      Sec. 4.  “Division” means the Division of Minority Health of

1-11  the Department.

1-12      Sec. 5.  “Health care” includes mental health care.

1-13      Sec. 6.  “Minority group” means a racial or ethnic minority

1-14  group.

 

 

2-1  Sec. 7.  The purposes of the Division are to:

2-2  1.  Improve the quality of health care services for members of

2-3  minority groups;

2-4  2.  Increase access to health care services for members of

2-5  minority groups; and

2-6  3.  Disseminate information to and educate the public on

2-7  matters concerning health care issues of interest to members of

2-8  minority groups.

2-9  Sec. 8.  1.  In accomplishing its purposes, the Division shall:

2-10      (a) Provide a central source of information for the use of the

2-11  public concerning health care services for members of minority

2-12  groups and health care issues of interest to those members;

2-13      (b) Identify and use any available resources;

2-14      (c) Develop and coordinate plans and programs to improve the

2-15  quality of health care services for members of minority groups and

2-16  to increase access to health care services for those members,

2-17  including, without limitation, plans and programs that primarily

2-18  serve local communities;

2-19      (d) Advocate on behalf of members of minority groups for the

2-20  improvement of the quality of health care services for those

2-21  members and for increased access to health care services for those

2-22  members;

2-23      (e) Hold conferences and provide training concerning cultural

2-24  diversity in the workplace for public and private entities that offer

2-25  services in the field of health care, including, without limitation,

2-26  providing recommendations and opportunities for training for

2-27  such public and private entities to improve recruitment of

2-28  members of minority groups;

2-29      (f) Whenever possible, incorporate the use of bilingual

2-30  communication in its programs and activities;

2-31      (g) Publicize health care issues of interest to members of

2-32  minority groups; and

2-33      (h) Develop and carry out such other programs and activities

2-34  as the Division deems appropriate.

2-35      2.  In carrying out the duties set forth in subsection 1, the

2-36  Division may seek assistance from and cooperate with a public or

2-37  private entity.

2-38      Sec. 9.  The Division may:

2-39      1.  Apply for any available grants and accept any available

2-40  gifts, grants, appropriations or donations, and use any such gifts,

2-41  grants, appropriations or donations to carry out its purposes;

2-42      2.  Contract with a public or private entity to assist in carrying

2-43  out its purposes; and

2-44      3.  Adopt such regulations as are necessary to carry out the

2-45  provisions of sections 2 to 17, inclusive, of this act.

3-1  Sec. 10.  The Administrator must be appointed on the basis of

3-2  his education, training, experience, demonstrated abilities and

3-3  interest in the provision of health care services to members of

3-4  minority groups and in related programs.

3-5  Sec. 11.  The Administrator shall:

3-6  1.  Ensure that the purposes of the Division are carried out;

3-7  2.  Direct and supervise all the technical and administrative

3-8  activities of the Division;

3-9  3.  Report to the Governor on all matters concerning the

3-10  administration of the Division;

3-11      4.  Attend the meetings of the Advisory Committee created

3-12  pursuant to section 15 of this act, serve as secretary at those

3-13  meetings and keep minutes of the proceedings;

3-14      5.  Request and consider the advice of the Advisory Committee

3-15  concerning matters of policy;

3-16      6.  Serve as the contracting officer for the Division to receive

3-17  money from the Federal Government or any other source; and

3-18      7.  Act as liaison between the Division, members of minority

3-19  groups, and public and private entities offering health care

3-20  services primarily to those members or offering health care

3-21  information of interest to those members.

3-22      Sec. 12.  On or before March 1 of each odd-numbered year,

3-23  the Administrator shall submit a report to the Governor and the

3-24  Director of the Legislative Counsel Bureau for transmittal to

3-25  the Legislature. The report must outline the manner in which the

3-26  Division has accomplished its purposes during the biennium,

3-27  including, without limitation, information concerning the

3-28  activities, findings, and recommendations of the Division as they

3-29  relate to health care services for members of minority groups and

3-30  to health care issues of interest to those members.

3-31      Sec. 13.  The Administrator may:

3-32      1.  Within the limits of legislative appropriations, appoint such

3-33  professional, technical, clerical and operational staff as necessary

3-34  to carry out his duties;

3-35      2.  Perform any lawful act that he considers necessary or

3-36  desirable to carry out the purposes of his office; and

3-37      3.  Delegate the performance of any of his powers or duties

3-38  required pursuant to sections 2 to 17, inclusive, of this act to any

3-39  person within the Division.

3-40      Sec. 14.  1.  The Administrator may, within the limits of

3-41  legislative appropriations and other available money, award a

3-42  grant of money to a person for use consistent with the provisions

3-43  of sections 2 to 17, inclusive, of this act.

3-44      2.  Before the Administrator may award a grant pursuant to

3-45  subsection 1, he shall adopt regulations that set forth the:

4-1  (a) Procedure by which a person may apply for a grant from

4-2  the Administrator;

4-3  (b) Criteria that the Administrator will consider in determining

4-4  whether to award a grant; and

4-5  (c) Procedure by which the Administrator will distribute the

4-6  money that the Division receives pursuant to subsection 1 of

4-7  section 9 of this act.

4-8  Sec. 15.  1.  There is hereby created in the Division an

4-9  Advisory Committee consisting of:

4-10      (a) At least 13 members appointed by the Governor;

4-11      (b) One member of the Senate appointed by the Majority

4-12  Leader of the Senate; and

4-13      (c) One member of the Assembly appointed by the Speaker of

4-14  the Assembly.

4-15      2.  When appointing a member to the Advisory Committee,

4-16  consideration must be given to whether the members appointed to

4-17  the Advisory Committee reflect the ethnic and geographical

4-18  diversity of this state.

4-19      3.  Each member of the Advisory Committee serves a term of 2

4-20  years. A member may be reappointed for an additional term of 2

4-21  years in the same manner as the original appointment. A vacancy

4-22  occurring in the membership of the Advisory Committee must be

4-23  filled in the same manner as the original appointment.

4-24      4.  At its first meeting and annually thereafter, the Advisory

4-25  Committee shall elect a chairman from among its members.

4-26      Sec. 16.  1.  Each member of the Advisory Committee who is

4-27  not an employee of the State of Nevada is entitled to receive a

4-28  salary of not more than $80 per day, as fixed by the Administrator

4-29  in consultation with the Advisory Committee, for each day spent

4-30  on the business of the Advisory Committee. Each member of the

4-31  Advisory Committee who is an employee of the State of Nevada

4-32  serves without additional compensation. Each member of the

4-33  Advisory Committee is entitled to receive the per diem allowance

4-34  and travel expenses provided for state officers and employees

4-35  generally. A claim for a payment pursuant to this section must be

4-36  made on a voucher approved by the Administrator and paid as

4-37  other claims against the State are paid.

4-38      2.  Each member of the Advisory Committee who is an

4-39  employee of the State of Nevada or a local government must be

4-40  relieved from his duties without loss of his regular compensation

4-41  so that he may prepare for and attend meetings of the Advisory

4-42  Committee and perform any work necessary to carry out the duties

4-43  of the Advisory Committee in the most timely manner practicable.

4-44  A state agency or local governmental entity may not require an

4-45  employee who is a member of the Advisory Committee to make up

5-1  time or take annual vacation or compensatory time for the time

5-2  that he is absent from work to carry out his duties as a member of

5-3  the Advisory Committee.

5-4  Sec. 17.  The Advisory Committee shall:

5-5  1.  Advise the Administrator and Division on all matters

5-6  concerning the manner in which the purposes of the Division are

5-7  being carried out;

5-8  2.  Review the manner in which the Division uses any gifts,

5-9  grants, donations or appropriations to carry out the purposes of

5-10  the Division and make appropriate recommendations; and

5-11      3.  Review the reports to be submitted by the Administrator to

5-12  the Governor or the Federal Government and the report required

5-13  pursuant to section 12 of this act, and make appropriate

5-14  recommendations.

5-15      Sec. 18.  NRS 232.290 is hereby amended to read as follows:

5-16      232.290  As used in NRS 232.290 to 232.465, inclusive, and

5-17  sections 2 to 17, inclusive, of this act, unless the context requires

5-18  otherwise:

5-19      1.  “Department” means the Department of Human Resources.

5-20      2.  “Director” means the Director of the Department.

5-21      Sec. 19.  NRS 232.300 is hereby amended to read as follows:

5-22      232.300  1.  The Department of Human Resources is hereby

5-23  created.

5-24      2.  The Department consists of a Director and the following

5-25  divisions:

5-26      (a) Aging Services Division.

5-27      (b) Health Division.

5-28      (c) Division of Mental Health and Developmental Services.

5-29      (d) Welfare Division.

5-30      (e) Division of Child and Family Services.

5-31      (f) Division of Health Care Financing and Policy.

5-32      (g) Division of Minority Health.

5-33      3.  The Department is the sole agency responsible for

5-34  administering the provisions of law relating to its respective

5-35  divisions.

5-36      Sec. 20.  NRS 232.320 is hereby amended to read as follows:

5-37      232.320  1.  Except as otherwise provided in subsection 2, the

5-38  Director:

5-39      (a) Shall appoint, with the consent of the Governor,

5-40  administrators of the divisions of the Department, who are

5-41  respectively designated as follows:

5-42          (1) The Administrator of the Aging Services Division;

5-43          (2) The Administrator of the Health Division;

5-44          (3) The State Welfare Administrator;

6-1       (4) The Administrator of the Division of Child and Family

6-2  Services; and

6-3       (5) The Administrator of the Division of Health Care

6-4  Financing and Policy.

6-5  (b) Shall administer, through the divisions of the Department,

6-6  the provisions of chapters 210, 423, 424, 425, 427A, 432A to 442,

6-7  inclusive, 446 to 450, inclusive, of NRS, NRS 127.220 to 127.310,

6-8  inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to

6-9  432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to

6-10  445A.055, inclusive, and all other provisions of law relating to the

6-11  functions of the divisions of the Department, but is not responsible

6-12  for the clinical activities of the Health Division or the professional

6-13  line activities of the other divisions.

6-14      (c) Shall, after considering advice from agencies of local

6-15  governments and nonprofit organizations which provide social

6-16  services, adopt a master plan for the provision of human services in

6-17  this state. The Director shall revise the plan biennially and deliver a

6-18  copy of the plan to the Governor and the Legislature at the

6-19  beginning of each regular session. The plan must:

6-20          (1) Identify and assess the plans and programs of the

6-21  Department for the provision of human services, and any

6-22  duplication of those services by federal, state and local agencies;

6-23          (2) Set forth priorities for the provision of those services;

6-24          (3) Provide for communication and the coordination of those

6-25  services among nonprofit organizations, agencies of local

6-26  government, the State and the Federal Government;

6-27          (4) Identify the sources of funding for services provided by

6-28  the Department and the allocation of that funding;

6-29          (5) Set forth sufficient information to assist the Department

6-30  in providing those services and in the planning and budgeting for the

6-31  future provision of those services; and

6-32          (6) Contain any other information necessary for the

6-33  Department to communicate effectively with the Federal

6-34  Government concerning demographic trends, formulas for the

6-35  distribution of federal money and any need for the modification of

6-36  programs administered by the Department.

6-37      (d) May, by regulation, require nonprofit organizations and state

6-38  and local governmental agencies to provide information to him

6-39  regarding the programs of those organizations and agencies,

6-40  excluding detailed information relating to their budgets and payrolls,

6-41  which he deems necessary for his performance of the duties

6-42  imposed upon him pursuant to this section.

6-43      (e) Has such other powers and duties as are provided by law.

6-44      2.  The Governor shall appoint the administrators of the

6-45  following divisions, who serve at the pleasure of the Governor:

7-1  (a) The Administrator of the Division of Mental Health and

7-2  Developmental Services.

7-3  (b) The Administrator of the Division of Minority Health.

7-4  Sec. 21.  This act becomes effective on July 1, 2003.

 

7-5  H