Assembly Bill No. 326–Assemblymen Buckley, Conklin, McClain, Koivisto, Parks, Anderson, Arberry, Atkinson, Claborn, Collins, Geddes, Gibbons, Giunchigliani, Grady, Horne, Leslie, Mabey, Manendo, Oceguera, Perkins, Pierce, Sherer and Williams

 

CHAPTER..........

 

AN ACT relating to residential facilities for groups; requiring the State Board of Health to adopt separate regulations for the licensure and regulation of residential facilities for groups which provide assisted living services; limiting the circumstances under which a residential facility for groups may claim to offer assisted living services; 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 449.037 is hereby amended to read as follows:

    449.037 1.  The Board shall adopt:

    (a) Licensing standards for each class of medical facility or

facility for the dependent covered by NRS 449.001 to 449.240,

inclusive, and for programs of hospice care.

    (b) Regulations governing the licensing of such facilities and

programs.

    (c) Regulations governing the procedure and standards for

granting an extension of the time for which a natural person may

provide certain care in his home without being considered a

residential facility for groups pursuant to NRS 449.017. The

regulations must require that such grants are effective only if made

in writing.

    (d) Regulations establishing a procedure for the indemnification

by the Health Division, from the amount of any surety bond or other

obligation filed or deposited by a facility for refractive laser surgery

pursuant to NRS 449.068 or 449.069, of a patient of the facility who

has sustained any damages as a result of the bankruptcy of or any

breach of contract by the facility.

    (e) Any other regulations as it deems necessary or convenient to

carry out the provisions of NRS 449.001 to 449.240, inclusive.

    2.  The Board shall adopt separate regulations governing the

licensing and operation of:

    (a) Facilities for the care of adults during the day; and

    (b) Residential facilities for groups,

which provide care to persons with Alzheimer’s disease.

    3.  The Board shall adopt separate regulations for:

    (a) The licensure of rural hospitals which take into consideration

the unique problems of operating such a facility in a rural area.

    (b) The licensure of facilities for refractive laser surgery which

take into consideration the unique factors of operating such a

facility.

    (c) The licensure of mobile units which take into consideration

the unique factors of operating a facility that is not in a fixed

location.

    4.  The Board shall require that the practices and policies of

each medical facility or facility for the dependent provide

adequately for the protection of the health, safety and physical,

moral and mental well-being of each person accommodated in the

facility.

    5.  The Board shall establish minimum qualifications for

administrators and employees of residential facilities for groups. In

establishing the qualifications, the Board shall consider the related

standards set by nationally recognized organizations which accredit

such facilities.

    6.  The Board shall adopt separate regulations regarding the

assistance which may be given pursuant to NRS 453.375 and

454.213 to an ultimate user of controlled substances or dangerous

drugs by employees of residential facilities for groups. The

regulations must require at least the following conditions before

such assistance may be given:

    (a) The ultimate user’s physical and mental condition is stable

and is following a predictable course.

    (b) The amount of the medication prescribed is at a maintenance

level and does not require a daily assessment.

    (c) A written plan of care by a physician or registered nurse has

been established that:

        (1) Addresses possession and assistance in the administration

of the medication; and

        (2) Includes a plan, which has been prepared under the

supervision of a registered nurse or licensed pharmacist, for

emergency intervention if an adverse condition results.

    (d) The prescribed medication is not administered by injection

or intravenously.

    (e) The employee has successfully completed training and

examination approved by the Health Division regarding the

authorized manner of assistance.

    7.  The Board shall adopt separate regulations governing the

licensing and operation of residential facilities for groups which

provide assisted living services. The regulations must prohibit a

residential facility for groups from claiming that it provides

“assisted living services” unless:

    (a) Before authorizing a person to move into the facility, the

facility makes a full written disclosure to the person regarding

what services of personalized care will be available to the person

and the amount that will be charged for those services throughout

the resident’s stay at the facility.

    (b) The residents of the facility reside in their own living units

which:

        (1) Contain toilet facilities and a sleeping area or bedroom;

and

        (2) Are shared with another occupant only upon consent of

both occupants.

    (c) The facility provides personalized care to the residents of

the facility and the general approach to operating the facility

incorporates these core principles:

        (1) The facility is designed to create a residential

environment that actively supports and promotes each resident’s

quality of life and right to privacy;

        (2) The facility is committed to offering high-quality

supportive services that are developed by the facility in

collaboration with the resident to meet the resident’s individual

needs;

        (3) The facility provides a variety of creative and innovative

services that emphasize the particular needs of each individual

resident and his personal choice of lifestyle;

        (4) The operation of the facility and its interaction with its

residents supports, to the maximum extent possible, each

resident’s need for autonomy and the right to make decisions

regarding his own life;

        (5) The operation of the facility is designed to foster a

social climate that allows the resident to develop and maintain

personal relationships with fellow residents and with persons in

the general community;

        (6) The facility is designed for and is operated in a manner

which minimizes the need for its residents to move out of the

facility as their respective physical and mental conditions change

over time; and

        (7) The facility is operated in such a manner as to foster a

culture that provides a high-quality environment for the residents,

their families, the staff, any volunteers and the community at

large.

    8. The Board shall, if it determines necessary, adopt

regulations and requirements to ensure that each residential facility

for groups and its staff are prepared to respond to an emergency,

including, without limitation:

    (a) The adoption of plans to respond to a natural disaster and

other types of emergency situations, including, without limitation,

an emergency involving fire;

    (b) The adoption of plans to provide for the evacuation of a

residential facility for groups in an emergency, including, without

limitation, plans to ensure that nonambulatory patients may be

evacuated;

    (c) Educating the residents of residential facilities for groups

concerning the plans adopted pursuant to paragraphs (a) and (b); and

    (d) Posting the plans or a summary of the plans adopted

pursuant to paragraphs (a) and (b) in a conspicuous place in each

residential facility for groups.

    Sec. 2.  NRS 449.230 is hereby amended to read as follows:

    449.230  1.  Any authorized member or employee of the

Health Division may enter and inspect any building or premises at

any time to secure compliance with or prevent a violation of any

provision of NRS 449.001 to 449.245, inclusive. For the purposes of

this subsection, “building or premises” does not include a mobile

unit that is operated by a medical facility which is accredited by the

Joint Commission on Accreditation of Healthcare Organizations or

the American Osteopathic Association.

    2.  The State Fire Marshal or his designee shall, upon receiving

a request from the Health Division or a written complaint

concerning compliance with the plans and requirements to

respond to an emergency adopted pursuant to subsection [7] 8 of

NRS 449.037:

    (a) Enter and inspect a residential facility for groups; and

    (b) Make recommendations regarding the adoption of plans and

requirements pursuant to subsection [7] 8 of NRS 449.037,

to ensure the safety of the residents of the facility in an emergency.

    3.  The State Health Officer or his designee shall enter and

inspect at least annually each building or the premises of a

residential facility for groups to ensure compliance with standards

for health and sanitation.

    4.  An authorized member or employee of the Health Division

shall enter and inspect any building or premises operated by a

residential facility for groups within 72 hours after the Health

Division is notified that a residential facility for groups is operating

without a license.

 

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