[Rev. 12/20/2019 4:50:25 PM]
κ2019 Statutes of Nevada, Page 209κ
Senate Bill No. 68Committee on Government Affairs
CHAPTER 41
[Approved: May 14, 2019]
AN ACT relating to public safety; providing for the expedited granting of certain provisional registrations to volunteer providers of health or veterinary services while an emergency declaration is in effect; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Uniform Emergency Volunteer Health Practitioners Act authorizes a provider of health or veterinary services who is registered with a registration system for volunteer health practitioners to provide health or veterinary services in Nevada for an entity operating in Nevada that uses voluntary health practitioners in certain circumstances relating to an emergency, including while an emergency declaration is in effect. (Chapter 415A of NRS) This bill provides for the expedited granting of provisional registration through that registration system to a volunteer provider of health or veterinary services while an emergency declaration is in effect. This bill requires the Division of Emergency Management of the Department of Public Safety to adopt regulations which provide for the procedures for the granting of such provisional registration.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 415A.190 is hereby amended to read as follows:
415A.190 This chapter applies to [volunteer] :
1. Volunteer health practitioners who are registered with a registration system that complies with NRS 415A.210 and who provide health or veterinary services in this State for a host entity:
[1.] (a) While an emergency declaration is in effect;
[2.] (b) While participating in required training exercises to prepare for the declaration of an emergency; or
[3.] (c) When responding to an event with the reasonable expectation that the event will be declared an emergency.
2. Volunteer health practitioners who are provisionally registered with a registration system that complies with NRS 415A.210 and who provide health or veterinary services in this State for a host entity while an emergency declaration is in effect.
Sec. 2. NRS 415A.210 is hereby amended to read as follows:
415A.210 1. To qualify as a registration system for volunteer health practitioners, a system must:
(a) Accept applications for the registration of volunteer health practitioners before [or during] an emergency [;] and for the provisional registration of volunteer health practitioners while an emergency declaration is in effect;
(b) Include information about the licensure and standing of health practitioners which is accessible by authorized persons;
κ2019 Statutes of Nevada, Page 210 (CHAPTER 41, SB 68)κ
(c) Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before the practitioner provides health services or veterinary services pursuant to this chapter; and
(d) Meet one of the following conditions:
(1) Be an emergency system for advance registration of volunteer health care practitioners established by a state and funded through the United States Department of Health and Human Services under Section 319I of the Public Health Service Act, 42 U.S.C. § 247d-7b, as amended;
(2) Be a local unit consisting of trained and equipped emergency response, public health and medical personnel formed pursuant to Section 2801 of the Public Health Service Act, 42 U.S.C. § 300hh, as amended;
(3) Be operated by a:
(I) Disaster relief organization;
(II) Licensing board;
(III) National or regional association of licensing boards or health practitioners;
(IV) Health facility that provides comprehensive inpatient and outpatient health care services, including, without limitation, a hospital; or
(V) Governmental entity; or
(4) Be designated by the Division as a registration system for the purposes of this chapter.
2. While an emergency declaration is in effect, the Division, a person authorized to act on behalf of the Division or a host entity may confirm whether volunteer health practitioners utilized in this State are registered or provisionally registered with a registration system that complies with subsection 1. Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing.
3. Upon the request of a person or entity in this State authorized to do so pursuant to subsection 2, or a similarly authorized person or entity in another state, a registration system located in this State must notify the person or entity of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.
4. A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered or provisionally registered with a registration system which indicates that the practitioner is licensed and in good standing.
5. The Division shall adopt regulations which provide for the expedited granting of provisional registration to volunteer health practitioners while an emergency declaration is in effect.
Sec. 3. NRS 415A.220 is hereby amended to read as follows:
415A.220 1. Notwithstanding any other provision of law, while an emergency declaration is in effect, a volunteer health practitioner who is registered or provisionally registered with a registration system that complies with NRS 415A.210 and who is licensed and in good standing in the state upon which the practitioners registration or provisional registration is based may practice in this State to the extent authorized by this chapter, as though the practitioner were licensed in this State.
2. A volunteer health practitioner qualified under subsection 1 is not entitled to the protections of this chapter if the practitioner is licensed in more than one state and any license of the practitioner is suspended, revoked or subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction.
κ2019 Statutes of Nevada, Page 211 (CHAPTER 41, SB 68)κ
subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 72Committee on Judiciary
CHAPTER 42
[Approved: May 14, 2019]
AN ACT relating to gaming; authorizing the Nevada Gaming Control Board to temporarily suspend the registration of a registered gaming employee upon his or her arrest by an agent of the Board; requiring the Nevada Gaming Commission to adopt regulations relating to such temporary suspensions of registration; establishing provisions relating to certain approvals sought from the Board; revising certain definitions; revising provisions relating to actions and proceedings of the Board that are exempt from the Open Meeting Law; revising provisions concerning the filing of a change of employment notice by certain registered gaming employees; revising provisions relating to the submission of an application for registration or renewal of registration as a gaming employee or a change of employment notice to the Board; requiring an applicant for registration or renewal of registration as a gaming employee to submit certain fees to the Central Repository for Nevada Records of Criminal History; revising provisions concerning the submission of such an applicants fingerprints; revising provisions relating to the suspension of or objection to the registration of an applicant as a gaming employee; revising provisions relating to the revocation of registration as a gaming employee; revising provisions relating to associated equipment; revising the legislative findings relating to hosting centers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law defines certain terms relating to gaming for the purposes of chapter 463 of NRS. (NRS 463.013-463.01967) Section 8 of this bill revises the definition of the term cashless wagering system.
Section 3 of this bill authorizes the Nevada Gaming Control Board to temporarily suspend the registration of a registered gaming employee if he or she is arrested by an agent of the Board. Section 3 also requires the Nevada Gaming Commission, with the advice and assistance of the Board, to adopt regulations establishing the process for issuing such a temporary suspension of registration.
Existing law provides that: (1) an applicant for a gaming license or other affirmative approval from the Nevada Gaming Commission has no right to the license or approval; and (2) such licenses and approvals are revocable privileges under which no vested right is granted or otherwise acquired. (NRS 463.0129) Section 5 of this bill includes affirmative approvals from the Nevada Gaming Control Board in such provisions.
Existing law provides that the Open Meeting Law does not apply to any action or proceeding of the Board that is related to making a determination as to whether: (1) certain violations have occurred; or (2) to file certain complaints with the Commission.
κ2019 Statutes of Nevada, Page 212 (CHAPTER 42, SB 72)κ
(NRS 463.3105) Such provisions are scheduled to expire by limitation on May 30, 2019. (Section 5 of chapter 274, Statutes of Nevada 2015, p. 1367) Section 15 of this bill removes that expiration date, thereby extending indefinitely the exemption from the Open Meeting Law for such actions or proceedings of the Board. Section 10 of this bill additionally provides that the Open Meeting Law does not apply to any action or proceeding of the Board that is related to: (1) an interpretation of provisions of state law or regulations related to gaming or of the applicability of any federal or state law or regulation to such provisions; or (2) a determination as to whether the Board will issue an industry notice concerning any such interpretation.
Existing law: (1) prohibits a person from being employed as a gaming employee unless he or she is registered as a gaming employee; and (2) requires a registered gaming employee to file a change of employment notice with the Board if he or she becomes employed as a gaming employee at another or additional gaming establishment. (NRS 463.335) Section 11 of this bill also requires a registered gaming employee to file such a change of employment notice if he or she: (1) is a security guard who is employed in an unarmed position and becomes employed in an armed position; or (2) is not a security guard and becomes employed as a security guard in an unarmed or armed position. Section 11 additionally revises provisions relating to the submission of an application for registration or renewal of registration as a gaming employee or a change of employment notice to the Board.
Existing law requires the Board to conduct an investigation of each person who files an application for registration or renewal of registration as a gaming employee and submit the applicants fingerprints to the Central Repository for Nevada Records of Criminal History for reports of the applicants criminal history from the Central Repository and the Federal Bureau of Investigation. Existing law provides that the fee for processing any such application may be charged only to cover the actual investigative and administrative costs related to processing the application and the fees charged to process the applicants fingerprints. (NRS 463.335) Section 11: (1) provides that the fee for processing any such application may be charged only to cover the costs incurred by the Board; and (2) requires an applicant to submit to the Central Repository the fees charged by the Central Repository and the Federal Bureau of Investigation to process the applicants fingerprints. Section 11 also provides that only one set of the applicants fingerprints must be submitted with the application.
Existing law authorizes the Board to suspend or object to the registration of an applicant as a gaming employee for any cause deemed reasonable by the Board, including if the applicant has committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny. (NRS 463.335) Existing law also authorizes the Commission to revoke the registration of a gaming employee if the Commission finds after a hearing that the gaming employee, after being registered as a gaming employee, committed, attempted or conspired to commit larceny or embezzlement against a gaming licensee or upon the premises of a licensed gaming establishment. (NRS 463.337) Sections 11 and 12 of this bill, respectively, add theft to such crimes.
Existing law requires that regulations adopted by the Commission relating to associated equipment must require persons who manufacture or distribute associated equipment for use in Nevada to be registered with the Board if such associated equipment has certain characteristics. (NRS 463.665) Section 13 of this bill revises such characteristics, and section 7 of this bill revises the definition of associated equipment accordingly.
Existing law establishes certain legislative findings relating to hosting centers. (NRS 463.673) Section 14 of this bill revises such legislative findings to provide that technological advances have evolved which allow associated equipment to be located at a hosting center.
κ2019 Statutes of Nevada, Page 213 (CHAPTER 42, SB 72)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a person who is registered with the Board as a gaming employee is arrested by an agent of the Board, the Board may temporarily suspend the registration of the gaming employee.
2. The Commission, with the advice and assistance of the Board, shall adopt regulations establishing the process for issuing a temporary suspension of the registration of a person as a gaming employee if he or she is arrested by an agent of the Board.
3. As used in this section, agent of the Board means a person who possesses the powers of a peace officer pursuant to NRS 289.360.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 463.0129 is hereby amended to read as follows:
463.0129 1. The Legislature hereby finds, and declares to be the public policy of this state, that:
(a) The gaming industry is vitally important to the economy of the State and the general welfare of the inhabitants.
(b) The continued growth and success of gaming is dependent upon public confidence and trust that licensed gaming and the manufacture, sale and distribution of gaming devices and associated equipment are conducted honestly and competitively, that establishments which hold restricted and nonrestricted licenses where gaming is conducted and where gambling devices are operated do not unduly impact the quality of life enjoyed by residents of the surrounding neighborhoods, that the rights of the creditors of licensees are protected and that gaming is free from criminal and corruptive elements.
(c) Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed gaming establishments, the manufacture, sale or distribution of gaming devices and associated equipment and the operation of inter-casino linked systems.
(d) All establishments where gaming is conducted and where gaming devices are operated, and manufacturers, sellers and distributors of certain gaming devices and equipment, and operators of inter-casino linked systems must therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the State, to foster the stability and success of gaming and to preserve the competitive economy and policies of free competition of the State of Nevada.
(e) To ensure that gaming is conducted honestly, competitively and free of criminal and corruptive elements, all gaming establishments in this state must remain open to the general public and the access of the general public to gaming activities must not be restricted in any manner except as provided by the Legislature.
2. No applicant for a license or other affirmative [commission] Commission or Board approval has any right to a license or the granting of the approval sought. Any license issued or other [commission] Commission or Board approval granted pursuant to the provisions of this chapter or chapter 464 of NRS is a revocable privilege, and no holder acquires any vested right therein or thereunder.
κ2019 Statutes of Nevada, Page 214 (CHAPTER 42, SB 72)κ
or Board approval granted pursuant to the provisions of this chapter or chapter 464 of NRS is a revocable privilege, and no holder acquires any vested right therein or thereunder.
3. This section does not:
(a) Abrogate or abridge any common-law right of a gaming establishment to exclude any person from gaming activities or eject any person from the premises of the establishment for any reason; or
(b) Prohibit a licensee from establishing minimum wagers for any gambling game or slot machine.
Sec. 6. (Deleted by amendment.)
Sec. 7. NRS 463.0136 is hereby amended to read as follows:
463.0136 Associated equipment means [:
1. Any] any equipment or mechanical, electromechanical or electronic contrivance, component or machine used remotely or directly in connection with gaming or mobile gaming, any game, race book or sports pool that would not otherwise be classified as a gaming device, including dice, playing cards, links which connect to progressive slot machines, equipment which affects the proper reporting of gross revenue, computerized systems of betting at a race book or sports pool, computerized systems for monitoring slot machines and devices for weighing or counting money . [; or
2. A computerized system for recordation of sales for use in an area subject to the tax imposed pursuant to NRS 368A.200.]
Sec. 8. NRS 463.014 is hereby amended to read as follows:
463.014 Cashless wagering system means a method of wagering and accounting:
1. In which the validity and value of a wagering instrument or wagering credits are determined, monitored and retained by a computer [operated and maintained by a licensee which] that maintains a record of each transaction involving the wagering instrument or wagering credits, exclusive of the game or gaming device on which wagers are being made. The term includes computerized systems which facilitate electronic transfers of money directly to or from a game or gaming device; or
2. Used in a race book or sports pool in which the validity and value of a wagering instrument or wagering credits are determined, monitored and retained on a computer that maintains a record of each transaction involving the wagering instrument or wagering credits . [and is operated and maintained by a licensee.]
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 463.3105 is hereby amended to read as follows:
463.3105 The provisions of NRS 241.020 do not apply to any action or proceeding of the Board that is related to:
1. A determination made pursuant to paragraph (a) or (b) of subsection 1 of NRS 463.310 of whether a violation of this chapter or chapter 368A, 462, 464, 465 or 466, or any regulation adopted pursuant thereto, has occurred; [or]
2. A determination made pursuant to subsection 2 of NRS 463.310 of whether to file a complaint with the Commission and the content of any such complaint [.] ;
3. An interpretation of:
(a) Any provision of title 41 of NRS or any regulations promulgated thereunder; or
(b) The applicability of any federal or state law or regulation to any provision of title 41 of NRS or any regulations promulgated thereunder; or
κ2019 Statutes of Nevada, Page 215 (CHAPTER 42, SB 72)κ
4. A determination as to whether the Board will issue an industry notice concerning any interpretation made pursuant to subsection 3.
Sec. 11. NRS 463.335 is hereby amended to read as follows:
463.335 1. The Legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the Board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees in the State of Nevada; and
(b) Maintain confidential records of such information.
2. A person may not be employed as a gaming employee unless the person is temporarily registered or registered as a gaming employee pursuant to this section. An applicant for registration or renewal of registration as a gaming employee must file an application for registration or renewal of registration with the Board. Whenever a registered gaming employee, whose registration has not expired, has not been objected to by the Board, or has not been suspended or revoked [becomes] :
(a) Becomes employed as a gaming employee at another or additional gaming establishment [,] ; or
(b) If the registered gaming employee:
(1) Is a security guard and is employed in an unarmed position, becomes employed in an armed position; or
(2) Is not a security guard and becomes employed as a security guard in an unarmed or armed position,
Κ the registered gaming employee must file a change of employment notice within 10 calendar days with the Board. The application for registration and change of employment notice must be filed through the licensee for whom the applicant will commence or continue working as a gaming employee, unless otherwise filed with the Board as prescribed by regulation of the Commission.
3. The Board shall prescribe the forms for the application for registration as a gaming employee and the change of employment notice.
4. A complete application for registration or renewal of registration as a gaming employee or a change of employment notice received by a licensee must be [mailed or delivered] submitted to the Board [within 5 business days after receipt unless the date is administratively extended by the Chair of the Board for good cause.] before the applicant may commence or continue working as a gaming employee. A licensee is not responsible for the accuracy or completeness of any application for registration or renewal of registration as a gaming employee or any change of employment notice.
5. The Board shall immediately conduct an investigation of each person who files an application for registration or renewal of registration as a gaming employee to determine whether the person is eligible for registration as a gaming employee. In conducting the investigation, [two] a complete [sets] set of the applicants fingerprints must be submitted to the Central Repository for Nevada Records of Criminal History for:
(a) A report concerning the criminal history of the applicant; and
(b) Submission to the Federal Bureau of Investigation for a report concerning the criminal history of the applicant.
Κ The investigation need not be limited solely to consideration of the results of the report concerning the criminal history of the applicant. The fee for processing an application for registration or renewal of registration as a gaming employee may be charged only to cover the actual investigative and administrative costs related to processing the application [and] that are incurred by the Board.
κ2019 Statutes of Nevada, Page 216 (CHAPTER 42, SB 72)κ
administrative costs related to processing the application [and] that are incurred by the Board. An applicant shall submit to the Central Repository for Nevada Records of Criminal History the fees charged by the Central Repository [for Nevada Records of Criminal History] and the Federal Bureau of Investigation to process the fingerprints of [an] the applicant pursuant to this subsection.
6. Upon receipt of a change of employment notice, the Board may conduct any investigations of the gaming employee that the Board deems appropriate to determine whether the gaming employee may remain registered as a gaming employee. The fee charged by the Board to process a change of employment notice may cover only the actual investigative and administrative costs related to processing the change of employment notice. The filing of a change of employment notice constitutes an application for registration as a gaming employee, and if the Board, after conducting its investigation, suspends or objects to the continued registration of the gaming employee, the provisions of subsections 10 to 16, inclusive, apply to such suspension by or objection of the Board.
7. Except as otherwise prescribed by regulation of the Commission, an applicant for registration or renewal of registration as a gaming employee is deemed temporarily registered as a gaming employee as of the date a complete application for registration or renewal of registration is submitted to the licensee for which the applicant will commence or continue working as a gaming employee. Unless objected to by the Board or suspended or revoked, the initial registration of an applicant as a gaming employee expires 5 years after the date employment commences with the applicable licensee. Any subsequent renewal of registration as a gaming employee, unless objected to by the Board or suspended or revoked, expires 5 years after the expiration date of the most recent registration or renewal of registration of the gaming employee.
8. If, within 120 days after receipt by the Board of a complete application for registration or renewal of registration as a gaming employee, including classifiable fingerprints, or a change of employment notice, the Board has not notified the applicable licensee of any suspension or objection, the applicant shall be deemed to be registered as a gaming employee. A complete application for registration or renewal of registration as a gaming employee is composed of:
(a) The fully completed form for application for registration as a gaming employee prescribed in subsection 3;
(b) [Two] A complete [sets] set of the fingerprints of the applicant, unless directly forwarded electronically or by another means to the Central Repository for Nevada Records of Criminal History;
(c) The fee for processing the application for registration or renewal of registration as a gaming employee prescribed by the Board pursuant to subsection 5, unless otherwise prescribed by regulation of the Commission; and
(d) A completed statement as prescribed in subsections 1 and 2 of NRS 463.3351.
Κ If the Board determines after receiving an application for registration or renewal of registration as a gaming employee that the application is incomplete, the Board may suspend the temporary registration as a gaming employee of the applicant who filed the incomplete application. An applicant whose temporary registration is suspended shall not be eligible to work as a gaming employee until such time as the applicant files a complete application.
κ2019 Statutes of Nevada, Page 217 (CHAPTER 42, SB 72)κ
whose temporary registration is suspended shall not be eligible to work as a gaming employee until such time as the applicant files a complete application.
9. A person who is temporarily registered or registered as a gaming employee is eligible for employment in any licensed gaming establishment in this State until such registration is objected to by the Board, expires or is suspended or revoked. The Commission shall adopt regulations to:
(a) Establish uniform procedures for the registration of gaming employees;
(b) Establish uniform criteria for objection by the Board of an application for registration; and
(c) Provide for the creation and maintenance of a system of records that contain information regarding the current place of employment of each person who is registered as a gaming employee and each person whose registration as a gaming employee has expired, was objected to by the Board, or was suspended or revoked. The system of records must be accessible by:
(1) Licensees for the limited purpose of complying with subsection 2; and
(2) The Central Repository for Nevada Records of Criminal History for the limited purpose of complying with NRS 179D.570.
10. If the Board, within the 120-day period prescribed in subsection 8, notifies:
(a) The applicable licensee; and
(b) The applicant,
Κ that the Board suspends or objects to the temporary registration of an applicant as a gaming employee, the licensee shall immediately terminate the applicant from employment or reassign the applicant to a position that does not require registration as a gaming employee. The notice of suspension or objection by the Board which is sent to the applicant must include a statement of the facts upon which the Board relied in making its suspension or objection.
11. Any person whose application for registration or renewal of registration as a gaming employee has been suspended or objected to by the Board may, not later than 60 days after receiving notice of the suspension or objection, apply to the Board for a hearing. A failure of a person whose application has been objected to or suspended to apply for a hearing within 60 days or his or her failure to appear at a hearing of the Board conducted pursuant to this section shall be deemed to be an admission that the suspension or objection is well-founded, and the failure precludes administrative or judicial review. At the hearing, the Board shall take any testimony deemed necessary. After the hearing, the Board shall review the testimony taken and any other evidence and shall, within 45 days after the date of the hearing, mail to the applicant its decision sustaining or reversing the suspension or the objection to the registration of the applicant as a gaming employee.
12. The Board may suspend or object to the registration of an applicant as a gaming employee for any cause deemed reasonable by the Board. The Board may object to or suspend the registration if the applicant has:
(a) Failed to disclose or misstated information or otherwise attempted to mislead the Board with respect to any material fact contained in the application for registration as a gaming employee;
(b) Knowingly failed to comply with the provisions of this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the Commission at a place of previous employment;
κ2019 Statutes of Nevada, Page 218 (CHAPTER 42, SB 72)κ
(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement , [or] larceny or theft or any violation of any law pertaining to gaming, or any crime which is inimical to the declared policy of this State concerning gaming;
(d) Committed, attempted or conspired to commit a crime which is a felony or gross misdemeanor in this State or an offense in another state or jurisdiction which would be a felony or gross misdemeanor if committed in this State and which relates to the applicants suitability or qualifications to work as a gaming employee;
(e) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
(f) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
(g) Had registration as a gaming employee revoked or committed any act which is a ground for the revocation of registration as a gaming employee or would have been a ground for revoking registration as a gaming employee if the applicant had then been registered as a gaming employee.
Κ If the Board registers or does not suspend or object to the registration of an applicant as a gaming employee, it may specially limit the period for which the registration is valid, limit the job classifications for which the registered gaming employee may be employed and establish such individual conditions for the renewal and effectiveness of the registration as the Board deems appropriate, including required submission to unscheduled tests for the presence of alcohol or controlled substances. If a gaming employee fails to comply with any limitation or condition placed on the effectiveness of the gaming employees registration as a gaming employee, notwithstanding any other provision of this section, the Board may object to the gaming employees registration. If the Board objects to the gaming employees registration, the provisions regarding the continued effectiveness of the registration and the review of the objection set forth in subsections 10 to 16, inclusive, apply, including, without limitation, the requirement to notify the applicable licensee about the objection.
13. Any applicant aggrieved by the decision of the Board may, within 15 days after the announcement of the decision, apply in writing to the Commission for review of the decision. Review is limited to the record of the proceedings before the Board. The Commission may sustain, modify or reverse the Boards decision. The decision of the Commission is subject to judicial review pursuant to NRS 463.315 to 463.318, inclusive.
14. The Chair of the Board may designate a member of the Board or the Board may appoint a hearing examiner and authorize that person to perform on behalf of the Board any of the following functions required of the Board by this section concerning the registration or renewal of registration of gaming employees:
(a) Conducting a hearing and taking testimony;
(b) Reviewing the testimony and evidence presented at the hearing;
(c) Making a recommendation to the Board based upon the testimony and evidence or rendering a decision on behalf of the Board to sustain or reverse the suspension of or the objection to the registration of an applicant as a gaming employee; and
(d) Notifying the applicant of the decision.
κ2019 Statutes of Nevada, Page 219 (CHAPTER 42, SB 72)κ
15. Notice by the Board as provided pursuant to subsections 1 to 14, inclusive, is sufficient if it is mailed to the applicants last known address as indicated on the application for registration as a gaming employee or the record of the hearing, as the case may be. The date of mailing may be proven by a certificate signed by an officer or employee of the Board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
16. Except as otherwise provided in this subsection, all records acquired or compiled by the Board or Commission relating to any application made pursuant to this section, all lists of persons registered as gaming employees, all lists of persons suspended or objected to by the Board and all records of the names or identity of persons engaged in the gaming industry in this State are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Upon receipt of a request from the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.400 for information relating to a specific person who has applied for registration as a gaming employee or is registered as a gaming employee, the Board shall disclose to the Division the persons social security number, residential address and current employer as that information is listed in the files and records of the Board. Any record of the Board or Commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
17. If the Central Repository for Nevada Records of Criminal History, in accordance with the provisions of NRS 179D.570, provides the Board with the name and other identifying information of a registered gaming employee who is not in compliance with the provisions of chapter 179D of NRS, the Board shall notify the person that, unless the person provides the Board with verifiable documentation confirming that the person is currently in compliance with the provisions of chapter 179D of NRS within 15 days after receipt of such notice, the Board shall, notwithstanding any other provisions of this section, conduct a hearing for the purpose of determining whether the registration of the person as a gaming employee must be suspended for noncompliance with the provisions of chapter 179D of NRS.
18. Notwithstanding any other provisions of this section, if a person notified by the Board pursuant to subsection 17 does not provide the Board, within the 15 days prescribed therein, with verifiable documentation establishing that the person is currently in compliance with the provisions of chapter 179D of NRS, the Chair of the Board shall, within 10 days thereof, appoint a hearing examiner to conduct a hearing to determine whether the person is, in fact, not in compliance with the provisions of chapter 179D of NRS. The hearing examiner shall, within 5 days after the date the hearing examiner is appointed by the Chair, notify the person of the date of the hearing. The hearing must be held within 20 days after the date on which the hearing examiner is appointed by the Chair, unless administratively extended by the Chair for good cause. At the hearing, the hearing examiner may take any testimony deemed necessary and shall render a decision sustaining or reversing the findings of the Central Repository for Nevada Records of Criminal History.
κ2019 Statutes of Nevada, Page 220 (CHAPTER 42, SB 72)κ
Criminal History. The hearing examiner shall notify the person of the hearing examiners decision within 5 days after the date on which the decision is rendered. A failure of a person to appear at a hearing conducted pursuant to this section shall be deemed to be an admission that the findings of the hearing examiner are well-founded.
19. If, after conducting the hearing prescribed in subsection 18, the hearing examiner renders a decision that the person who is the subject of the hearing:
(a) Is not in compliance with the provisions of chapter 179D of NRS, the Board shall, notwithstanding any other provisions of this section:
(1) Suspend the registration of the person as a gaming employee;
(2) Notify the person to contact the Central Repository for Nevada Records of Criminal History to determine the actions that the person must take to be in compliance with the provisions of chapter 179D of NRS; and
(3) Notify the licensee for which the person is employed as a gaming employee, in the manner prescribed in subsection 20, that the Board has suspended the registration of the person as a gaming employee and that the licensee must immediately terminate the person from employment or reassign the person to a position that does not require registration as a gaming employee.
(b) Is in compliance with the provisions of chapter 179D of NRS, the Board shall notify the person and the Central Repository for Nevada Records of Criminal History, in the manner prescribed in subsection 20, of the findings of the hearing examiner.
20. Notice as provided pursuant to subsections 17, 18 and 19 is sufficient if it is mailed to the persons last known address as indicated on the most recent application for registration as a gaming employee or the record of the hearing, or to the person at his or her place of gaming employment. The date of mailing may be proven by a certificate signed by an officer or employee of the Board which specifies the time the notice was mailed. The notice shall be deemed to have been received by the applicant 5 days after it is deposited with the United States Postal Service with the postage thereon prepaid.
21. The Board shall remove a suspension entered in accordance with subsection 19 and reinstate the registration of a person as a gaming employee upon receipt of verifiable documentation confirming that the person is currently in compliance with the provisions of chapter 179D of NRS.
Sec. 12. NRS 463.337 is hereby amended to read as follows:
463.337 1. If any gaming employee who is registered as a gaming employee with the Board is convicted of any violation of this chapter or chapter 463B, 464 or 465 of NRS, or if in investigating an alleged violation of this chapter by any licensee the Commission finds that a registered gaming employee employed by the licensee has been guilty of cheating, the Commission shall, after a hearing as provided in NRS 463.310 and 463.312 to 463.3145, inclusive, revoke the registration.
2. The Commission may revoke the registration of a gaming employee if the Commission finds, after a hearing as provided in NRS 463.310 and 463.312 to 463.3145, inclusive, that the gaming employee has failed to disclose, misstated or otherwise misled the Board in respect to any fact contained within any application for registration as a gaming employee or, subsequent to being registered as a gaming employee:
(a) Committed, attempted or conspired to do any of the acts prohibited by this chapter or chapter 463B, 464 or 465 of NRS;
κ2019 Statutes of Nevada, Page 221 (CHAPTER 42, SB 72)κ
(b) Knowingly possessed or permitted to remain in or upon any licensed premises any cards, dice, mechanical device or any other cheating device whatever, the use of which is prohibited by statute or ordinance;
(c) Concealed or refused to disclose any material fact in any investigation by the Board;
(d) Committed, attempted or conspired to commit larceny , [or] embezzlement or theft against a gaming licensee or upon the premises of a licensed gaming establishment;
(e) Been convicted in any jurisdiction other than Nevada of any offense involving or relating to gambling;
(f) Accepted employment without prior Commission approval in a position for which the gaming employee could be required to be licensed under this chapter after having been denied a license for a reason involving personal unsuitability or after failing to apply for licensing when requested to do so by the Commission;
(g) Been refused the issuance of any license, permit or approval to engage in or be involved with gaming or pari-mutuel wagering in any jurisdiction other than Nevada, or had any such license, permit or approval revoked or suspended;
(h) Been prohibited under color of governmental authority from being present upon the premises of any gaming establishment or any establishment where pari-mutuel wagering is conducted for any reason relating to improper gambling activities or any illegal act;
(i) Contumaciously defied any legislative investigative committee or other officially constituted bodies acting on behalf of the United States or any state, county or municipality which seeks to investigate crimes relating to gaming, corruption of public officials, or any organized criminal activities; or
(j) Been convicted of any felony or gross misdemeanor, other than one constituting a violation of this chapter or chapter 463B, 464 or 465 of NRS.
3. A gaming employee whose registration as a gaming employee has been revoked pursuant to this section is entitled to judicial review of the Commissions action in the manner prescribed by NRS 463.315 to 463.318, inclusive.
4. Nothing in this section limits or prohibits the enforcement of NRS 463.165, 463.560, 463.595, 463.637 or 463.645.
Sec. 13. NRS 463.665 is hereby amended to read as follows:
463.665 1. The Commission shall, with the advice and assistance of the Board, adopt regulations prescribing:
(a) The manner and method for the approval of associated equipment by the Board; and
(b) The method and form of any application required by paragraph (a).
2. Except as otherwise provided in subsection 4, the regulations adopted pursuant to subsection 1 must:
(a) Require persons who manufacture or distribute associated equipment for use in this State to be registered with the Board if such associated equipment:
(1) Is directly used in gaming;
(2) Has the ability to add or subtract cash, cash equivalents or wagering credits to a game, gaming device or cashless wagering system;
(3) Interfaces with and affects the operation of a game, gaming device, cashless wagering system or other associated equipment;
(4) Is used directly or indirectly in the reporting of gross revenue; or
κ2019 Statutes of Nevada, Page 222 (CHAPTER 42, SB 72)κ
(5) [Records sales for use in an area subject to the tax imposed by NRS 368A.200; or
(6)] Is otherwise determined by the Board to create a risk to the integrity of gaming and protection of the public if not regulated;
(b) Establish the degree of review an applicant for registration pursuant to this section must undergo, which level may be different for different forms of associated equipment; and
(c) Establish fees for the application, issuance and renewal of the registration required pursuant to this section, which must not exceed $1,000 per application, issuance or renewal of such registration.
3. This section does not apply to:
(a) A licensee; or
(b) An affiliate of a licensee or an independent contractor as defined by NRS 463.01715.
4. In addition to requiring a manufacturer or distributor of associated equipment to be registered as set forth in subsections 2 and 3, a manufacturer or distributor of associated equipment who sells, transfers or offers the associated equipment for use or play in Nevada may be required by the Board to file an application for a finding of suitability to be a manufacturer or distributor of associated equipment.
5. In addition to requiring a manufacturer or distributor of associated equipment to be registered as set forth in subsections 2 and 3, any person who directly or indirectly involves himself or herself in the sale, transfer or offering for use or play in Nevada of such associated equipment who is not otherwise required to be licensed as a manufacturer or distributor may be required by the Board to file an application for a finding of suitability to be a manufacturer or distributor of associated equipment.
6. If an application for a finding of suitability is not submitted to the Board within 30 days after demand by the Board, it may pursue any remedy or combination of remedies provided in this chapter.
7. Any person who manufactures or distributes associated equipment who has complied with all applicable regulations adopted by the Commission before October 1, 2015, shall be deemed to be registered pursuant to this section.
Sec. 14. NRS 463.673 is hereby amended to read as follows:
463.673 1. The Legislature finds that:
(a) To protect and promote the health, safety, morals, good order and general welfare of the inhabitants of this State, and to carry out the public policy declared in NRS 463.0129, it is necessary that the Board and Commission be allowed to react to rapidly evolving technological advances while maintaining strict regulation and control of gaming.
(b) Technological advances have evolved which allow [certain] :
(1) Certain parts of games, gaming devices, cashless wagering systems and race book and sports pool operations to be conducted at locations that are not on the premises of a licensed gaming establishment [.] ; and
(2) Associated equipment to be located at a hosting center.
2. Except as otherwise provided in subsection 3, the Commission may, with the advice and assistance of the Board, provide by regulation for the operation and registration of hosting centers and persons associated therewith. Such regulations may include:
κ2019 Statutes of Nevada, Page 223 (CHAPTER 42, SB 72)κ
(a) Provisions relating to the operation and location of hosting centers, including, without limitation, minimum internal and operational control standards established by the Commission.
(b) Provisions relating to the registration of persons owning or operating a hosting center and any persons having a significant involvement with a hosting center, as determined by the Commission.
(c) A provision that a person owning, operating or having a significant involvement with a hosting center may be required by the Commission to be found suitable to be associated with licensed gaming, including race book or sports pool operations.
(d) Additional matters which the Commission deems necessary and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129.
3. The Commission may not adopt regulations pursuant to this section until the Commission first determines that hosting centers are secure and reliable, do not pose a threat to the integrity of gaming and are consistent with the public policy of this State pursuant to NRS 463.0129.
4. Regulations adopted by the Commission pursuant to this section must:
(a) Define hosting center.
(b) Provide that the premises on which the hosting center is located are subject to the power and authority of the Board and Commission pursuant to NRS 463.140, as though the premises are where gaming is conducted and the hosting center is a gaming licensee.
Sec. 15. Section 5 of chapter 274, Statutes of Nevada 2015, at page 1367, is hereby amended to read as follows:
Sec. 5. [1.] This act becomes effective upon passage and approval.
[2. Section 1 of this act expires by limitation 4 years after the effective date of this act.]
Sec. 16. 1. This section and section 15 of this act become effective upon passage and approval.
2. Sections 1 to 14, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2019, for all other purposes.
________
κ2019 Statutes of Nevada, Page 224κ
Senate Bill No. 74Committee on Judiciary
CHAPTER 43
[Approved: May 14, 2019]
AN ACT relating to unlawful detainer; revising provisions governing eviction actions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes an appeal of an order entered by a court in an action for summary eviction of a tenant for default in payment of rent. (NRS 40.385) Section 1 of this bill: (1) clarifies that either party may appeal an order entered by the court in such an action for summary eviction; (2) provides that such an appeal is made by filing a notice of appeal within 10 judicial days after the date of the entry of the order; and (3) makes such an appeal available in actions involving mobile home parks.
Existing law provides that if a landlord unlawfully removes a tenant from the premises or excludes the tenant by blocking or attempting to block the tenants entry upon the premises, willfully interrupts any essential item or service or otherwise unlawfully recovers possession of the dwelling unit, the tenant may recover immediate possession of the premises from the landlord by filing a verified complaint for expedited relief. Existing law also provides that a verified complaint for expedited relief may not be filed with the court if an action for summary eviction or unlawful detainer is already pending between the landlord and tenant, although the tenant may seek similar relief before the judge presiding over the pending action. (NRS 118A.390) Section 2 of this bill provides that a verified complaint for expedited relief may be consolidated with an action for summary eviction or unlawful detainer that is already pending between the landlord and tenant.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 40.385 is hereby amended to read as follows:
40.385 [Upon an]
1. Either party may appeal [from] an order entered pursuant to NRS 40.253 [:
1.] or 40.254 by filing a notice of appeal within 10 judicial days after the date of entry of the order.
2. Except as otherwise provided in this [subsection,] section, a stay of execution may be obtained by filing with the trial court a bond in the amount of $250 to cover the expected costs on appeal. A surety upon the bond submits to the jurisdiction of the appellate court and irrevocably appoints the clerk of that court as the suretys agent upon whom papers affecting the suretys liability upon the bond may be served. Liability of a surety may be enforced, or the bond may be released, on motion in the appellate court without independent action. A tenant of commercial property may obtain a stay of execution only upon the issuance of a stay pursuant to Rule 8 of the Nevada Rules of Appellate Procedure and the posting of a supersedeas bond in the amount of 100 percent of [the] any unpaid rent claim of the landlord.
[2.] 3. A tenant who retains possession of the premises that are the subject of the appeal during the pendency of the appeal shall pay to the landlord rent in the amount provided in the underlying contract between the tenant and the landlord as it becomes due.
κ2019 Statutes of Nevada, Page 225 (CHAPTER 43, SB 74)κ
the tenant and the landlord as it becomes due. If the tenant fails to pay such rent, the landlord may initiate new proceedings for a summary eviction by serving the tenant with a new notice pursuant to NRS 40.253 [.] or 40.254.
Sec. 2. NRS 118A.390 is hereby amended to read as follows:
118A.390 1. If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenants entry upon the premises, willfully interrupts or causes or permits the interruption of any essential item or service required by the rental agreement or this chapter or otherwise recovers possession of the dwelling unit in violation of NRS 118A.480, the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS 118A.380 or terminate the rental agreement and, in addition to any other remedy, recover the tenants actual damages, receive an amount not greater than $2,500 to be fixed by the court, or both.
2. In determining the amount, if any, to be awarded under subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlords conduct.
3. If the rental agreement is terminated pursuant to subsection 1, the landlord shall return all prepaid rent and security recoverable under this chapter.
4. Except as otherwise provided in subsection 5, the tenant may recover immediate possession of the premises from the landlord by filing a verified complaint for expedited relief for the unlawful removal or exclusion of the tenant from the premises, the willful interruption of any essential item or service or the recovery of possession of the dwelling unit in violation of NRS 118A.480.
5. A verified complaint for expedited relief:
(a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the landlord, and the verified complaint must be dismissed if it is not timely filed. If the verified complaint for expedited relief is dismissed pursuant to this paragraph, the tenant retains the right to pursue all other available remedies against the landlord.
(b) May [not] be [filed] consolidated with [the court if an] any action for summary eviction or unlawful detainer that is already pending between the landlord and tenant . [, but the tenant may seek similar relief before the judge presiding over the pending action.]
6. The court shall conduct a hearing on the verified complaint for expedited relief not later than 3 judicial days after the filing of the verified complaint for expedited relief. Before or at the scheduled hearing, the tenant must provide proof that the landlord has been properly served with a copy of the verified complaint for expedited relief. Upon the hearing, if it is determined that the landlord has violated any of the provisions of subsection 1, the court may:
(a) Order the landlord to restore to the tenant the premises or essential items or services, or both;
(b) Award damages pursuant to subsection 1; and
(c) Enjoin the landlord from violating the provisions of subsection 1 and, if the circumstances so warrant, hold the landlord in contempt of court.
7. The payment of all costs and official fees must be deferred for any tenant who files a verified complaint for expedited relief. After any hearing and not later than final disposition of the filing or order, the court shall assess the costs and fees against the party that does not prevail, except that the court may reduce them or waive them, as justice may require.
κ2019 Statutes of Nevada, Page 226 (CHAPTER 43, SB 74)κ
and not later than final disposition of the filing or order, the court shall assess the costs and fees against the party that does not prevail, except that the court may reduce them or waive them, as justice may require.
Sec. 3. The amendatory provisions of this act apply to all actions pending or filed on or after October 1, 2019.
________
Senate Bill No. 97Committee on Judiciary
CHAPTER 44
[Approved: May 14, 2019]
AN ACT relating to crimes; prohibiting the use in a criminal case of certain defenses based on the sexual orientation or gender identity or expression of the victim; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that if a person commits certain crimes because of the actual or perceived sexual orientation or gender identity or expression of a victim: (1) the person who committed the crime is subject to an additional penalty; (2) unless a greater penalty is provided by law, the person who committed the crime is guilty of a gross misdemeanor; and (3) a person injured by the crime may bring a civil action against the person who committed the crime. (NRS 41.690, 193.1675, 207.185) Existing law also requires the Director of the Department of Public Safety to establish a program for reporting crimes that is designed to collect, compile and analyze statistical data about crimes that manifest evidence of prejudice based on sexual orientation or gender identity or expression. (NRS 179A.175)
This bill provides that: (1) for the purpose of determining the existence of an alleged state of passion in a defendant or the alleged provocation of a defendant by a victim, the alleged state of passion or provocation shall be deemed not to be objectively reasonable if it resulted from the discovery of, knowledge about or potential disclosure of the actual or perceived sexual orientation or gender identity or expression of the victim; and (2) a person is not justified in using force against another person based on the discovery of, knowledge about or potential disclosure of the actual or perceived sexual orientation or gender identity or expression of the victim.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, The American Bar Association has urged legislative action to curtail the availability and effectiveness of the gay panic and trans panic defenses, which seek to partially or completely excuse a defendant from full accountability for the commission of a violent crime on the grounds that the sexual orientation or gender identity or expression of the victim is sufficient to arouse a state of passion in the defendant or serve as valid provocation or justification for the violent reaction of the defendant; and
Whereas, Gay panic and trans panic legal defenses, which continue to be raised in criminal cases in courts across the United States, are surprisingly long-lived, historical artifacts and remnants of a time when widespread public antipathy was the norm for lesbian, gay, bisexual and transgender persons; and
κ2019 Statutes of Nevada, Page 227 (CHAPTER 44, SB 97)κ
Whereas, Gay panic and trans panic defenses characterize sexual orientation or gender identity or expression as objectively reasonable excuses for loss of self-control and thereby illegitimately mitigate the responsibility of a defendant for harm done to lesbian, gay, bisexual and transgender persons; and
Whereas, Gay panic and trans panic defenses appeal to irrational fears and hatred of lesbian, gay, bisexual and transgender persons, thereby undermining the legitimacy of criminal prosecutions and resulting in unjustifiable acquittals or sentencing reductions; and
Whereas, The use of gay panic and trans panic defenses is entirely incompatible with the express intent of Nevada law to provide increased protection to victims of bias-motivated crimes, including crimes committed against lesbian, gay, bisexual and transgender persons; and
Whereas, Continued use of these anachronistic defenses reinforces and institutionalizes prejudice at the expense of norms of self-control, tolerance and compassion, which the law should encourage, and marks an egregious lapse in the march toward a more just criminal justice system; and
Whereas, To end the antiquated notion that the lives of lesbian, gay, bisexual and transgender persons are worth less than the lives of other persons and to reflect a modern understanding of lesbian, gay, bisexual and transgender persons as equal to other persons under the law, the use of gay panic and trans panic defenses must end; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 193 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purpose of determining the existence of an alleged state of passion in a defendant or the alleged provocation of a defendant by a victim, the alleged state of passion or provocation shall be deemed not to be objectively reasonable if it resulted from the discovery of, knowledge about or potential disclosure of the actual or perceived sexual orientation or gender identity or expression of the victim, including, without limitation, under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or if the defendant and victim dated or had a romantic or sexual relationship.
2. A person is not justified in using force against another person based on the discovery of, knowledge about or potential disclosure of the actual or perceived sexual orientation or gender identity or expression of the victim, including, without limitation, under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or if the defendant and victim dated or had a romantic or sexual relationship.
________
κ2019 Statutes of Nevada, Page 228κ
Senate Bill No. 154Senator Cancela
CHAPTER 45
[Approved: May 14, 2019]
AN ACT relating to natural gas; requiring the Public Utilities Commission of Nevada to adopt regulations authorizing a public utility which purchases natural gas for resale to engage in renewable natural gas activities and to recover the reasonable and prudent costs of such activities; requiring such a public utility to attempt to incorporate renewable natural gas into its gas supply portfolio; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill requires the Public Utilities Commission of Nevada to adopt regulations authorizing a public utility which purchases natural gas for resale to engage in renewable energy activities and to recover all reasonable and prudent costs associated with the public utilitys participation in a renewable natural gas activity which provides certain environmental benefits and has been approved by the Commission. This bill also requires a public utility which purchases natural gas for resale to attempt to meet certain goals for incorporating renewable natural gas into its gas supply portfolio.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Biogas means a mixture consisting primarily of methane and carbon dioxide that is produced by the anaerobic digestion with anaerobic bacteria or fermentation of biodegradable materials, including, without limitation, biomass, manure, plant material, sewage and landfill waste.
Sec. 4. Environmental attributes means any credits, emissions reductions, offsets, allowances or any other benefits attributable to the production and delivery of renewable natural gas.
Sec. 5. Renewable energy has the meaning ascribed to it in NRS 704.7811.
Sec. 6. Renewable natural gas means gas which:
1. Is produced by processing biogas or by converting electric energy generated using renewable energy into storable or injectable gas fuel, in a process commonly known as power-to-gas or electrolysis; and
2. Meets the quality standards applicable to the natural gas pipeline into which the gas will be injected.
Sec. 7. Renewable natural gas facility means a facility or any part of the equipment located at a facility that is used to create biogas, create hydrogen for methanation, gather biogas, gather hydrogen, process biogas into renewable natural gas, inject renewable natural gas into a natural gas pipeline or determine the constituents of renewable natural gas before the injection of the renewable natural gas into a natural gas pipeline.
κ2019 Statutes of Nevada, Page 229 (CHAPTER 45, SB 154)κ
pipeline or determine the constituents of renewable natural gas before the injection of the renewable natural gas into a natural gas pipeline.
Sec. 8. 1. The Commission shall adopt regulations authorizing a public utility which purchases natural gas for resale to engage in renewable natural gas activities, including, without limitation:
(a) Procedures for a public utility which purchases natural gas for resale to apply to the Commission for approval of a reasonable and prudent renewable natural gas activity that will be used and useful and will provide environmental benefits to this State as provided in subsection 2; and
(b) Procedures for a public utility which purchases natural gas for resale to apply to the Commission for the recovery of all reasonable and prudent costs associated with a renewable natural gas activity approved by the Commission pursuant to the regulations adopted pursuant to this subsection.
2. The Commission may approve a renewable natural gas activity pursuant to subsection 1 if the renewable natural gas activity is demonstrated to provide one or more of the following environmental benefits to this State:
(a) The reduction or avoidance of emissions of any air pollutant or greenhouse gas in this State;
(b) The reduction or avoidance of any pollutant that could have an adverse impact on the waters of this State; or
(c) The alleviation of a local nuisance within this State that is associated with the emission of odors.
3. The renewable natural gas activities which may be approved by the Commission pursuant to the regulations adopted in accordance with subsection 1 are:
(a) Making a financial investment in a renewable natural gas facility;
(b) Contracting with a producer of renewable natural gas to build and operate a renewable natural gas facility;
(c) Extending the transmission or distribution system of the public utility which purchases natural gas for resale to interconnect with a renewable natural gas facility;
(d) Purchasing gas produced from a renewable natural gas facility, whether or not the gas has environmental attributes:
(1) To incorporate the gas produced from a renewable natural gas facility into the supply portfolio of the public utility which purchases natural gas for resale; or
(2) To sell the gas produced from a renewable natural gas facility directly to the customers of the public utility;
(e) Participating in a state or federal renewable energy program or project if participation in the program or project by the public utility which purchases natural gas for resale:
(1) Consists of the purchase or sale of gas produced by a renewable natural gas facility or environmental attributes by the public utility; and
(2) Results in a reduction of the cost of gas produced from a renewable natural gas facility to the customers of the public utility;
(f) Providing customers of the public utility which purchases natural gas for resale with the option to purchase gas produced from a renewable natural gas facility, with or without environmental attributes, directly from the public utility; or
κ2019 Statutes of Nevada, Page 230 (CHAPTER 45, SB 154)κ
(g) Any other activity which develops sources of renewable natural gas in this State for the purpose of reducing emissions of greenhouse gases, creating jobs through the construction and operation of renewable natural gas facilities in this State and diversifying the supply of energy in this State.
4. A public utility which purchases natural gas for resale shall attempt to incorporate renewable natural gas into its gas supply portfolio in the following amounts:
(a) By January 1, 2025, not less than 1 percent of the total amount of gas sold to by public utility to its retail customers;
(b) By January 1, 2030, not less than 2 percent of the total amount of gas sold to the public utilitys retail customers;
(c) By January 1, 2035, not less than 3 percent of the total amount of gas sold to the public utilitys retail customers.
Sec. 9. This act becomes effective:
1. Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On October 1, 2019, for all other purposes.
________
Senate Bill No. 274Senators Scheible and Cannizzaro
CHAPTER 46
[Approved: May 14, 2019]
AN ACT relating to crimes; revising the penalties for certain acts related to discharging a firearm; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that a person who willfully and maliciously discharges a firearm at or into certain structures: (1) if such a structure has been abandoned, is guilty of a misdemeanor; and (2) if the structure is occupied, is guilty of a category B felony punishable by imprisonment for a minimum term of not less than 1 year and a maximum term of not more than 6 years. (NRS 202.285) Section 1 of this bill revises the penalty by providing that willfully and maliciously discharging a firearm at or into certain structures, if such a structure is occupied, is punishable by imprisonment for a minimum term of not less than 1 year and a maximum term of not more than 10 years.
Existing law provides that a person who maliciously or wantonly discharges a firearm within or from a structure or a vehicle: (1) if the structure or vehicle is not in a populated area designated for the purpose of prohibiting the discharge of weapons, is guilty of a misdemeanor; and (2) if the structure or vehicle is within a populated area designated for the purpose of prohibiting the discharge of weapons, is guilty of a category B felony punishable by imprisonment for a minimum term of not less than 2 years and a maximum term of not more than 15 years. (NRS 202.287) Section 2 of this bill revises the penalty by providing that maliciously or wantonly discharging a firearm within or from a structure or a vehicle in a populated area designated as such for the purpose of prohibiting the discharge of weapons, is punishable by imprisonment for a minimum term of not less than 1 year and a maximum term of not more than 10 years.
κ2019 Statutes of Nevada, Page 231 (CHAPTER 46, SB 274)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.285 is hereby amended to read as follows:
202.285 1. A person who willfully and maliciously discharges a firearm at or into any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, railroad locomotive, car or tender:
(a) If it has been abandoned, is guilty of a misdemeanor unless a greater penalty is provided in NRS 202.287.
(b) If it is occupied, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than [6] 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. Whenever a firearm is so discharged at or into any vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, railroad locomotive, car or tender, in motion or at rest, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, locomotive or railroad car may have run on the trip during which the firearm was discharged at or into it.
Sec. 2. NRS 202.287 is hereby amended to read as follows:
202.287 1. A person who is in, on or under a structure or vehicle and who maliciously or wantonly discharges or maliciously or wantonly causes to be discharged a firearm within or from the structure or vehicle:
(a) If the structure or vehicle is not within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a misdemeanor.
(b) If the structure or vehicle is within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than [2 years] 1 year and a maximum term of not more than [15] 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. If a firearm is discharged within or out of any vehicle that is in motion or at rest and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vehicle may have run on the trip during which the firearm was discharged.
3. The provisions of this section do not apply to:
(a) A person who lawfully shoots at a game mammal or game bird pursuant to subsection 2 of NRS 503.010.
(b) A peace officer while engaged in the performance of his or her official duties.
(c) A person who discharges a firearm in a lawful manner and in the course of a lawful business, event or activity.
κ2019 Statutes of Nevada, Page 232 (CHAPTER 46, SB 274)κ
4. As used in this section:
(a) Structure means any temporary or permanent structure, including, but not limited to, any tent, house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building.
(b) Vehicle means any motor vehicle or trailer designed for use with a motor vehicle, whether or not it is self-propelled, operated on rails or propelled by electric power obtained from overhead wires.
Sec. 3. This act becomes effective on July 1, 2019.
________
Senate Bill No. 286Senators Parks, Spearman; Brooks, Cancela, Denis, D. Harris, Ratti and Woodhouse
Joint Sponsors: Assemblymen Fumo; Assefa, Carlton, Carrillo, Duran, Edwards, Gorelow, Hambrick, Martinez, Munk, Nguyen, Torres and Watts
CHAPTER 47
[Approved: May 14, 2019]
AN ACT relating to offenders; revising provisions relating to the aggregation of sentences; establishing provisions relating to the determination of the minimum aggregate term of imprisonment in certain circumstances for purposes of determining eligibility for parole; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes provisions relating to the aggregation of sentences imposed upon a person who is convicted of two or more offenses. (NRS 176.035) Section 1 of this bill provides that such provisions must not be construed to prohibit the aggregation of any sentences relating to different cases. Section 1 also: (1) provides that if a court imposes certain additional penalties upon a person, the sentence imposed for the additional penalty must be aggregated with the sentence imposed for the underlying offense; and (2) authorizes a prisoner upon whom a sentence for an additional penalty is imposed before October 1, 2019, to elect to have the sentence imposed for the additional penalty aggregated with the sentence imposed for the underlying offense. Section 1 additionally revises provisions concerning the execution of certain sentences.
Existing law provides that for purposes of determining eligibility for parole, a prisoner whose sentences have been aggregated may earn credit which must be deducted from the minimum aggregate term of imprisonment or the maximum aggregate term of imprisonment, as applicable. (NRS 213.1212) The amount of credit earned is set forth in different provisions of law and is generally dependent upon when the prisoner was sentenced and when the offense for which he or she was sentenced was committed. (NRS 209.433-209.449) Section 2 of this bill: (1) provides that for purposes of determining eligibility for parole, if the sentences of a prisoner are governed by different provisions of law concerning the earning of credits, the Department of Corrections is required to determine the minimum term of each sentence to be aggregated for the purpose of establishing a minimum aggregate term of imprisonment; and (2) establishes the procedure by which the Department is required to determine the minimum term of each sentence. Section 2 also provides that, at the request of a prisoner, the Department is authorized to disaggregate any aggregated sentences for which parole has not been considered for the purpose of aggregating such sentences with other sentences.
κ2019 Statutes of Nevada, Page 233 (CHAPTER 47, SB 286)κ
sentences for which parole has not been considered for the purpose of aggregating such sentences with other sentences. Section 2 additionally provides that if the Department aggregates sentences that are comprised of separate aggregated sentences, the Department is authorized, with certain exceptions, to aggregate all consecutive sentences to create a single aggregated sentence.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.035 is hereby amended to read as follows:
176.035 1. Except as otherwise provided in subsection 3, whenever a person is convicted of two or more offenses, and sentence has been pronounced for one offense, the court in imposing any subsequent sentence may provide that the sentences subsequently pronounced run either concurrently or consecutively with the sentence first imposed. Except as otherwise provided in subsections 3 and 4, if the court makes no order with reference thereto, all such subsequent sentences run concurrently. For offenses committed on or after July 1, 2014, if the court imposes the sentences to run consecutively, the court must pronounce the minimum and maximum aggregate terms of imprisonment pursuant to subsection 2, unless the defendant is sentenced to life imprisonment without the possibility of parole or death.
2. When aggregating terms of imprisonment pursuant to subsection 1:
(a) If at least one sentence imposes a maximum term of imprisonment for life with the possibility of parole, the court must aggregate the minimum terms of imprisonment to determine the minimum aggregate term of imprisonment, and the maximum aggregate term of imprisonment shall be deemed to be imprisonment in the state prison for life with the possibility of parole.
(b) If all the sentences impose a minimum and maximum term of imprisonment, the court must aggregate the minimum terms of imprisonment to determine the minimum aggregate term of imprisonment and must aggregate the maximum terms of imprisonment to determine the maximum aggregate term of imprisonment.
3. Except as otherwise provided in this [subsection,] section, whenever a person under sentence of imprisonment for committing a felony commits another crime constituting a felony and is sentenced to another term of imprisonment for that felony, the latter term must not begin until the expiration of all prior terms, including the expiration of any prior aggregated terms. If the person is a probationer at the time the subsequent felony is committed, the court may provide that the latter term of imprisonment run concurrently with any prior terms or portions thereof. [If the person is sentenced to a term of imprisonment for life without the possibility of parole, the sentence must be executed without reference to the unexpired term of imprisonment and without reference to eligibility for parole.]
4. Whenever a person under sentence of imprisonment commits another crime constituting a misdemeanor or gross misdemeanor, the court shall provide expressly whether the sentence subsequently pronounced runs concurrently or consecutively with the one first imposed.
5. Whenever a person under sentence of imprisonment commits another crime for which the punishment is death [,] or imprisonment for life without the possibility of parole, the sentence must be executed without reference to the unexpired term of imprisonment.
κ2019 Statutes of Nevada, Page 234 (CHAPTER 47, SB 286)κ
without the possibility of parole, the sentence must be executed without reference to the unexpired term of imprisonment.
6. Regardless of whether a person is under sentence of imprisonment, if the person commits another crime for which the punishment is death or imprisonment for life without the possibility of parole, the sentence must be executed without reference to eligibility for parole.
7. If a court imposes an additional penalty pursuant to NRS 193.161 to 193.1685, inclusive, the sentence imposed for the additional penalty must be aggregated with the sentence imposed for the underlying offense. A prisoner upon whom a sentence for an additional penalty is imposed pursuant to NRS 193.161 to 193.1685, inclusive, before October 1, 2019, may elect to have the sentence imposed for the additional penalty aggregated with the sentence imposed for the underlying offense in accordance with subsection 5 of NRS 213.1212.
8. This section does not prevent the State Board of Parole Commissioners from paroling a person under consecutive sentences of imprisonment from a current term of imprisonment to a subsequent term of imprisonment.
9. This section must not be construed to prohibit the aggregation of any sentences of imprisonment relating to different cases.
Sec. 2. NRS 213.1212 is hereby amended to read as follows:
213.1212 1. Notwithstanding any other provision of law, if a prisoner is sentenced pursuant to NRS 176.035 to serve two or more consecutive sentences, the terms of which have been aggregated:
(a) The prisoner shall be deemed to be eligible for parole from all such sentences after serving the minimum aggregate term of imprisonment; and
(b) The Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate term of imprisonment.
2. [For] Except as otherwise provided in subsection 3, for purposes of determining parole eligibility, a prisoner whose sentences have been aggregated may earn credit pursuant to NRS 209.433 to 209.449, inclusive, which must be deducted from the minimum aggregate term of imprisonment or the maximum aggregate term of imprisonment, as applicable. Such credits may be earned only to the extent that the credits would otherwise be earned had the sentences not been aggregated.
3. For purposes of determining parole eligibility, if the sentences of a prisoner are governed by different provisions of law concerning the earning of credits pursuant to NRS 209.433 to 209.4465, inclusive, the Department of Corrections shall determine the minimum term of each sentence to be aggregated for the purpose of establishing a minimum aggregate term of imprisonment as follows:
(a) If the parole eligibility of a prisoner is based on credits earned pursuant to NRS 209.433 or 209.443, the Department of Corrections shall establish a fixed minimum term for that sentence based on the assumption that the prisoner will earn all future credits to reduce that sentence as provided in NRS 209.433 or 209.443, as applicable, except for credits earned for donating blood or for educational achievements in accordance with any regulations adopted by the Board pursuant to subsection 2 of NRS 209.433 or subsection 3 of NRS 209.443. Any such credits earned by a prisoner for donating blood or for educational achievements that are awarded after a minimum aggregate term of imprisonment is established must be applied only to the maximum aggregate term of imprisonment.
κ2019 Statutes of Nevada, Page 235 (CHAPTER 47, SB 286)κ
(b) If the parole eligibility of a prisoner is based on credits earned pursuant to NRS 209.446, the Department of Corrections shall establish a fixed minimum term for that sentence based on the assumption that the prisoner will earn all future credits to reduce that sentence as provided in NRS 209.446, except for credits earned for educational achievements pursuant to subsection 2 of NRS 209.446 or for meritorious service pursuant to subsection 4 of NRS 209.446. Any such credits earned for educational achievements or meritorious service that are awarded after a minimum aggregate term of imprisonment is established must be applied only to the maximum aggregate term of imprisonment.
(c) If a prisoner is eligible to earn a deduction from the minimum term of his or her sentence pursuant to subsection 8 of NRS 209.4465, the minimum term of the sentence to be aggregated must be the minimum term set by the court, and the provisions of subsection 9 of NRS 209.4465 must be applied to the aggregated sentence.
(d) If a prisoner is not eligible to earn a deduction from the minimum term of his or her sentence, the minimum term of the sentence to be aggregated must be the term set by the court or, if the court does not set the minimum term, the minimum term required by law.
4. A prisoner whose sentences have been aggregated pursuant to subsection 3 may earn credits to reduce the maximum aggregate term of imprisonment, as already reduced by any presentence credits stipulated in the judgment of conviction or other applicable court order, pursuant to NRS 209.4465 or 209.4475 beginning on the date the prisoner elected to have the sentences aggregated or on the date of sentencing.
5. Except as otherwise provided in subsection 6 and subsection 3 of NRS 176.035, a prisoner who is serving consecutive sentences which have not been aggregated may, by submitting a written request to the Director of the Department of Corrections, make an irrevocable election to have the sentences aggregated. If the prisoner makes such an irrevocable election to have the sentences aggregated and:
(a) The prisoner has not been considered for parole on any of the sentences [,] requested to be aggregated, the Department of Corrections shall aggregate the sentences in the manner set forth in this section and NRS 176.035 and the Board is not required to consider the prisoner for parole until the prisoner has served the minimum aggregate term of imprisonment.
(b) The prisoner has been considered for parole on one or more of the sentences [,] requested to be aggregated, the Department of Corrections shall aggregate only the sentences for which parole has not been considered. The Board is not required to consider the prisoner for parole on the aggregated sentences until the prisoner has served the minimum aggregate term of imprisonment.
6. At the request of a prisoner, the Department of Corrections may disaggregate any aggregated sentences for which parole has not been considered for the purpose of aggregating such sentences with other sentences pursuant to this section or NRS 176.035.
7. Except as otherwise provided in subsection 3 of NRS 176.035, if the Department of Corrections aggregates sentences that are comprised of separate aggregated sentences, the Department of Corrections may aggregate all the consecutive sentences to create a single aggregated sentence.
κ2019 Statutes of Nevada, Page 236 (CHAPTER 47, SB 286)κ
8. The provisions of this section do not establish a basis for any cause of action by a prisoner against the State or its political subdivisions, agencies, boards, commissions, departments, officers or employees relating to any credits the prisoner might have earned if the sentences of the prisoner had not been aggregated.
Sec. 3. 1. The amendatory provisions of section 1 of this act apply to:
(a) An offense committed on or after October 1, 2019; and
(b) An offense committed before October 1, 2019, if, except as otherwise provided in subsection 7 of NRS 176.035, as amended by section 1 of this act, the person is convicted on or after October 1, 2019.
2. The amendatory provisions of section 2 of this act apply to an offense committed before, on or after October 1, 2019.
________
Senate Bill No. 331Senators Spearman, Woodhouse, Parks, Settelmeyer; Brooks, Cannizzaro, Denis, Dondero Loop, Harris, Kieckhefer, Ohrenschall, Pickard, Ratti, Scheible, Seevers Gansert and Washington
CHAPTER 48
[Approved: May 14, 2019]
AN ACT relating to highways; designating Interstate Highway No. 11 in Nevada as the Purple Heart Highway; directing the Director of the Department of Transportation to erect suitable markers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill designates the portion of Interstate Highway No. 11 situated in Nevada as the Purple Heart Highway. This bill requires the Director of the Department of Transportation to erect and maintain suitable markers along the route of the Highway, and authorizes the Director to accept gifts, grants and donations to help pay the costs of such markers and maintenance.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, The Purple Heart medal was originally established by General George Washington in 1782 as the Badge of Military Merit to recognize meritorious service and is frequently described as the militarys oldest medal; and
Whereas, The Purple Heart is now awarded to members of the Armed Forces of the United States for wounds or death as a result of an act of any opposing armed force, as a result of an international terrorist attack or as a result of military operations while serving as part of a peacekeeping force; and
Whereas, The State of Nevada recognizes, reveres and honors its citizens who have been awarded the Purple Heart and acknowledges and appreciates the sacrifices such citizens have made in defense of the United States of America; and
κ2019 Statutes of Nevada, Page 237 (CHAPTER 48, SB 331)κ
Whereas, The United States Department of Transportation has begun construction of Interstate Highway No. 11, a portion of the Dwight D. Eisenhower National System of Interstate and Defense Highways; and
Whereas, The people of Nevada wish to express their pride in and gratitude towards the many Nevadans who have been awarded the Purple Heart medal in the service of this country; now therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The portion of Interstate Highway No. 11 which is located in this State is hereby designated the Purple Heart Highway. The Director of the Department of Transportation shall:
1. Install suitable markers reflecting this designation along that portion of the interstate highway at such points as deemed appropriate by the Director;
2. Maintain the markers as deemed appropriate by the Director; and
3. Accept any gifts, grants or donations by any person, including, without limitation, local governments and business organizations located along Interstate Highway No. 11, to help pay for the costs of installing and maintaining the markers in their respective areas.
Sec. 2. This act becomes effective on July 1, 2019.
________
Assembly Bill No. 8Committee on Judiciary
CHAPTER 49
[Approved: May 15, 2019]
AN ACT relating to the Division of Parole and Probation of the Department of Public Safety; revising the frequency of reviews of the levels of supervision for probationers and parolees; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Division of Parole and Probation of the Department of Public Safety to review the levels of supervision for probationers and parolees at least once every 6 months, or more often if necessary. (NRS 213.1078) This bill instead requires the Division to conduct such reviews on a schedule determined by the Nevada Risk Assessment System, or its successor risk assessment tool, or more often if necessary.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 213.1078 is hereby amended to read as follows:
213.1078 1. Except as otherwise provided in subsection 2, the Division shall set a level of supervision for each probationer. [At least once every 6 months,] On a schedule determined by the Nevada Risk Assessment System, or its successor risk assessment tool, or more often if necessary, the Division shall review the probationers level of supervision to determine whether a change in the level of supervision is necessary.
κ2019 Statutes of Nevada, Page 238 (CHAPTER 49, AB 8)κ
shall review the probationers level of supervision to determine whether a change in the level of supervision is necessary. The Division shall specify in each review the reasons for maintaining or changing the level of supervision. If the Division changes the level of supervision, the Division shall notify the probationer of the change.
2. The provisions of subsection 1 are not applicable if:
(a) The level of supervision for the probationer is set by the court or by law; or
(b) The probationer is ordered to participate in a program of probation secured by a security bond pursuant to NRS 176A.300 to 176A.370, inclusive.
3. Except as otherwise provided in subsection 4, [at least once every 6 months,] on a schedule determined by the Nevada Risk Assessment System, or its successor risk assessment tool, or more often if necessary, the Division shall review a parolees level of supervision to determine whether a change in the level of supervision is necessary. The Division shall specify in each review the reasons for maintaining or changing the level of supervision. If the Division changes the level of supervision, the Division shall notify the parolee of the change.
4. The provisions of subsection 3 are not applicable if the level of supervision for the parolee is set by the Board or by law.
Sec. 2. This act becomes effective on July 1, 2019.
________
Assembly Bill No. 61Committee on Judiciary
CHAPTER 50
[Approved: May 15, 2019]
AN ACT relating to offenders; revising provisions relating to the residential confinement of offenders who are in a program of treatment for the abuse of alcohol or drugs; requiring the Department of Corrections and the Division of Parole and Probation of the Department of Public Safety to notify victims of certain information relating to residential confinement in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the Department of Corrections to establish a program of treatment for offenders who are abusers of alcohol or drugs. (NRS 209.425) Pursuant to such a program of treatment, after an initial period of rehabilitation in a facility of the Department, existing law requires the Director to assign the offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement. (NRS 209.425, 209.427, 209.429) Section 1 of this bill: (1) authorizes rather than requires the Director to assign offenders in a program of treatment to residential confinement; and (2) authorizes the Director, in determining whether to assign an offender to residential confinement, to consider whether the offender has failed or refused to comply with the entire program of treatment or any other program related to the classification of the offender.
Existing law requires the Director to notify the victim of an offender who has submitted a written request for notification and has provided his or her current address if the offender: (1) will be released into the community for the purpose of employment, training, education or any other purpose for which release is authorized; or (2) has escaped from the custody of the Department of Corrections.
κ2019 Statutes of Nevada, Page 239 (CHAPTER 50, AB 61)κ
training, education or any other purpose for which release is authorized; or (2) has escaped from the custody of the Department of Corrections. (NRS 209.521) Section 1 requires the Department of Corrections to notify a victim who has requested such notification of: (1) the intent of the Director to consider whether to assign the offender to serve a term of residential confinement pursuant to a program for the treatment of an abuser of alcohol or drugs; and (2) the victims right to submit documents regarding the assignment.
Existing law requires the State Board of Parole Commissioners to notify the victim of a prisoner who is being considered for parole of the date of the meeting and the right of the victim to submit documents to the Board and testify at the meeting if the victim has: (1) submitted a written request for such notification to the Board; and (2) provided his or her current address to the Board, or the victims current address is otherwise known by the Board. (NRS 213.131) Existing law provides that if a victim of an offender serving a term of imprisonment in state prison has requested such notification from the Board, the Division of Parole and Probation of the Department of Public Safety is required to notify the victim of: (1) the offenders request to serve a term of residential confinement and the victims right to submit documents regarding the request to the Division; and (2) if the offender is physically incapacitated or in ill health, the intent of the Director to assign the offender to residential confinement and the victims right to submit documents regarding the assignment. (NRS 209.392, 209.3925) Section 1 similarly requires the Division to notify a victim who has requested such notification from the Board: (1) if the Director has approved the application for the offender to serve a term of residential confinement pursuant to a program for the treatment of an abuser of alcohol or drugs; and (2) of the victims right to submit documents regarding the assignment.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.429 is hereby amended to read as follows:
209.429 1. Except as otherwise provided in [subsection 6,] subsections 7 and 8, the Director [shall] may assign an offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of the maximum term or the maximum aggregate term, as applicable, of his or her sentence if the offender has:
(a) Demonstrated a willingness and ability to establish a position of employment in the community;
(b) Demonstrated a willingness and ability to enroll in a program for education or rehabilitation; or
(c) Demonstrated an ability to pay for all or part of the costs of his or her confinement and to meet any existing obligation for restitution to any victim of his or her crime.
2. Before the Director assigns an offender to serve a term of residential confinement pursuant to this section, the Director shall notify the Division of Parole and Probation. Except as otherwise provided in NRS 213.10915, if any victim of a crime committed by the offender has, pursuant to:
(a) Subsection 1 of NRS 209.521, requested to be notified by the Department of Corrections of the offenders release or escape and has provided a current address, the Department of Corrections shall notify the victim that the Director intends to consider whether to assign the offender to serve a term of residential confinement pursuant to this section and advise the victim that the victim may submit documents for the consideration of the Director regarding such an assignment to the Division of Parole and Probation.
κ2019 Statutes of Nevada, Page 240 (CHAPTER 50, AB 61)κ
Director regarding such an assignment to the Division of Parole and Probation. If a current address has not been provided as required by subsection 1 of NRS 209.521, the Department of Corrections must not be held responsible if such notification is not received by the victim.
(b) Subsection 4 of NRS 213.131, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim if the Director has approved the application for the offender to serve a term of residential confinement pursuant to this section and advise the victim that the victim may submit documents for the consideration of the Division of Parole and Probation regarding such an assignment to the Division of Parole and Probation. If a current address has not been provided as required by subsection 4 of NRS 213.131, the Division of Parole and Probation must not be held responsible if such notification is not received by the victim.
Κ All personal information, including, without limitation, a current or former address, which pertains to a victim and which is received by the Department of Corrections or the Division of Parole and Probation pursuant to this subsection is confidential.
3. Before a person may be assigned to serve a term of residential confinement pursuant to this section, he or she must submit to the Division of Parole and Probation a signed document stating that:
(a) He or she will comply with the terms or conditions of the residential confinement; and
(b) If he or she fails to comply with the terms or conditions of the residential confinement and is taken into custody outside of this State, he or she waives all rights relating to extradition proceedings.
[3.] 4. If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his or her residential confinement:
(a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.
(b) The offender forfeits all or part of the credits earned by the offender to reduce his or her sentence pursuant to this chapter before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as the Director considers proper. The decision of the Director regarding forfeiture of credits is final.
[4.] 5. The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:
(a) A continuation of the offenders imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the Department,
Κ except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.
[5.] 6. A person does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
κ2019 Statutes of Nevada, Page 241 (CHAPTER 50, AB 61)κ
action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
[6.] 7. The Director shall not assign an offender who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to the custody of the Division of Parole and Probation to serve a term of residential confinement unless the Director makes a finding that the offender is not likely to pose a threat to the victim of the battery.
[7.] 8. In determining whether to assign an offender to the custody of the Division of Parole and Probation to serve a term of residential confinement, the Director may consider whether the offender has failed or refused to comply with any term or condition of the entire program of treatment or any term or condition of any other program related to the classification of the offender.
9. The Division of Parole and Probation may receive and distribute restitution paid by an offender assigned to the custody of the Division of Parole and Probation pursuant to this section.
10. As used in this section, entire program has the meaning ascribed to it in NRS 209.427.
Sec. 2. NRS 213.10915 is hereby amended to read as follows:
213.10915 1. The Board, in consultation with the Division, may enter into an agreement with the manager of an automated victim notification system to notify victims of the information described in NRS 209.392 , [and] 209.3925 and 209.429 and subsections 4 and 7 of NRS 213.131 through the system if the system is capable of:
(a) Automatically notifying by telephone or electronic means a victim registered with the system of the information described in NRS 209.392 , [and] 209.3925 and 209.429 and subsections 4 and 7 of NRS 213.131 with the timeliness required by NRS 209.392 , [and] 209.3925 and 209.429 and subsections 4 and 7 of NRS 213.131; and
(b) Notifying victims registered with the system, using language provided by the Board, if the Board decides that it will discontinue the use of the system to notify victims of the information described in NRS 209.392 , [and] 209.3925 and 209.429 and subsections 4 and 7 of NRS 213.131. The notice must:
(1) Be provided to each victim registered with the system not less than 90 days before the date on which the Board will discontinue use of the system; and
(2) Advise each victim to submit a written request for notification pursuant to subsection 4 of NRS 213.131 if the victim wishes to receive notice of the information described in NRS 209.392 , [and] 209.3925 and 209.429 and subsections 4 and 7 of NRS 213.131.
2. The Division is not required to notify the victim of an offender of the information described in NRS 209.392 , [and] 209.3925 and 209.429, and the Board is not required to notify the victim of a prisoner of the information described in subsections 4 and 7 of NRS 213.131 if:
(a) The Board has entered into an agreement pursuant to subsection 1; and
(b) Before discontinuing the notification of victims pursuant to NRS 209.392 , [and] 209.3925 and 209.429 and subsections 4 and 7 of NRS 213.131, the Board, not less than two times and not less than 60 days apart, has notified each victim who has requested notification pursuant to subsection 4 of NRS 213.131 and who has provided his or her current address or whose current address is otherwise known by the Board of the change in the manner in which a victim is notified of the information described in NRS 209.392 , [and] 209.3925 and 209.429 and subsections 4 and 7 of NRS 213.131.
κ2019 Statutes of Nevada, Page 242 (CHAPTER 50, AB 61)κ
in which a victim is notified of the information described in NRS 209.392 , [and] 209.3925 and 209.429 and subsections 4 and 7 of NRS 213.131. The notice must:
(1) Advise the victim that the Division will no longer notify the victim of the information described in NRS 209.392 , [and] 209.3925 [,] and 209.429, that the Board will no longer notify the victim of the information described in subsections 4 and 7 of NRS 213.131, and that the victim may register with the automated victim notification system if he or she wishes to be notified of the information described in NRS 209.392 , [and] 209.3925 and 209.429 and subsections 4 and 7 of NRS 213.131; and
(2) Include instructions for registering with the automated victim notification system to receive notice of the information described in NRS 209.392 , [and] 209.3925 and 209.429 and subsections 4 and 7 of NRS 213.131.
3. For the purposes of this section, victim has the meaning ascribed to it in NRS 213.005.
Sec. 3. NRS 178.5698 is hereby amended to read as follows:
178.5698 1. The prosecuting attorney, sheriff or chief of police shall, upon the request of a victim or witness, inform the victim or witness:
(a) When the defendant is released from custody at any time before or during the trial, including, without limitation, when the defendant is released pending trial or subject to electronic supervision;
(b) If the defendant is so released, the amount of bail required, if any; and
(c) Of the final disposition of the criminal case in which the victim or witness was directly involved.
2. A request for information pursuant to subsection 1 must be made:
(a) In writing; or
(b) By telephone through an automated or computerized system of notification, if such a system is available.
3. If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:
(a) To each witness, documentation that includes:
(1) A form advising the witness of the right to be notified pursuant to subsection 5;
(2) The form that the witness must use to request notification in writing; and
(3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.
(b) To each person listed in subsection 4, documentation that includes:
(1) A form advising the person of the right to be notified pursuant to subsection 5 or 6 and NRS 176.015, 176A.630, 178.4715, 209.392, 209.3925, 209.429, 209.521, 213.010, 213.040, 213.095 and 213.131 or NRS 213.10915;
(2) The forms that the person must use to request notification; and
(3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.
4. The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 3:
(a) A person against whom the offense is committed.
(b) A person who is injured as a direct result of the commission of the offense.
κ2019 Statutes of Nevada, Page 243 (CHAPTER 50, AB 61)κ
(c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.
(d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.
(e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.
5. Except as otherwise provided in subsection 6, if the offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides a current address, notify the victim or witness at that address when the offender is released from the prison.
6. If the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:
(a) The immediate family of the victim if the immediate family provides their current address;
(b) Any member of the victims family related within the third degree of consanguinity, if the member of the victims family so requests in writing and provides a current address; and
(c) The victim, if the victim will be 18 years of age or older at the time of the release and has provided a current address,
Κ before the offender is released from prison.
7. The warden must not be held responsible for any injury proximately caused by the failure to give any notice required pursuant to this section if no address was provided to the warden or if the address provided is inaccurate or not current.
8. As used in this section:
(a) Immediate family means any adult relative of the victim living in the victims household.
(b) Sexual offense means:
(1) Sexual assault pursuant to NRS 200.366;
(2) Statutory sexual seduction pursuant to NRS 200.368;
(3) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(4) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(5) Incest pursuant to NRS 201.180;
(6) Open or gross lewdness pursuant to NRS 201.210;
(7) Indecent or obscene exposure pursuant to NRS 201.220;
(8) Lewdness with a child pursuant to NRS 201.230;
(9) Sexual penetration of a dead human body pursuant to NRS 201.450;
(10) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540;
(11) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550;
(12) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;
(13) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or
(14) An attempt to commit an offense listed in this paragraph.
κ2019 Statutes of Nevada, Page 244 (CHAPTER 50, AB 61)κ
Sec. 4. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.
κ2019 Statutes of Nevada, Page 245 (CHAPTER 50, AB 61)κ
640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
4. A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 5. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 246κ
Assembly Bill No. 131Committee on Health and Human Services
CHAPTER 51
[Approved: May 15, 2019]
AN ACT relating to health care; providing for the licensing and regulation of providers of community-based living arrangement services as facilities for the dependent; prohibiting certain convicted persons from serving as an operator, employee or contractor of a provider of community-based living arrangement services; requiring certain employment agencies to be licensed; requiring the statewide information and referral system to provide certain nonemergency information and referrals; requiring the Legislative Committee on Health Care to conduct a study concerning standards of training for unlicensed persons who provide care at certain facilities or homes or through certain agencies or providers; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law defines the term community-based living arrangement services to mean flexible, individualized services that are: (1) provided in the home, for compensation, to persons with mental illness or persons with developmental disabilities; and (2) designed and coordinated to assist such persons in maximizing their independence. (NRS 433.605) Existing law requires each provider of community-based living arrangement services to obtain a certificate from the Division of Public and Behavioral Health of the Department of Health and Human Services. (NRS 433.607) Existing law also requires each facility for the dependent to be licensed by the Division. (NRS 449.030) Section 16 of this bill repeals existing provisions governing community-based living arrangement services. Section 3 of this bill instead requires a provider of community-based living arrangement services to be licensed and regulated as a facility for the dependent. Providing community-based living arrangement services without such a license is made to be a misdemeanor. (NRS 449.210)
Existing law requires an applicant for a license to operate certain facilities, hospitals, agencies, programs or homes and each employee or independent contractor of such a facility, hospital, agency, program or home to receive a criminal background check. (NRS 449.122, 449.123) Existing law prohibits a person from operating or serving as an employee or contractor for such a facility, hospital, agency, program or home if the person has been convicted of certain crimes. (NRS 449.125, 449.174) Sections 5 and 6 of this bill apply those requirements to providers of community-based living arrangement services and employees and contractors of such providers. Providing false information in connection with the required background check is made to be a misdemeanor. (NRS 449.123) Section 7 of this bill requires certain inspections of a provider of community-based living arrangement services. Section 8 of this bill requires a provider of community-based living arrangement services to notify a person receiving such services from the provider, his or her parent or guardian or another designated person upon the discovery by the Division of a deficiency affecting the health and safety of a patient. Section 10 of this bill provides a recipient of community-based living arrangement services with the same rights as recipients of services from other facilities for the dependent. Sections 1, 2, 9, 12, 13 and 15 of this bill make conforming changes.
Existing law requires an employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home to obtain a license from the State Board of Health. (NRS 449.03005) Section 4 of this bill clarifies that this requirement applies when the contracted services are provided in this State, regardless of where the employment agency is located.
κ2019 Statutes of Nevada, Page 247 (CHAPTER 51, AB 131)κ
Existing law requires the Department to establish and maintain a statewide information and referral system to provide nonemergency information and referrals to the general public concerning the health, welfare, human and social services provided by public or private entities in this State. That system must be accessible to a person using the public telephone system by dialing the digits 2-1-1. (NRS 232.359) Section 11 of this bill requires that system to include information concerning the licensing status of any medical facility or facility for the dependent and certain other entities. Section 11 also requires the Department to review and update such information at least quarterly.
Assembly Bill No. 299 of the 2017 Legislative Session required the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs to conduct a study during the 2017-2018 interim concerning standards of training for persons who are not providers of health care and who provide care to a person through employment or a contractual arrangement with certain entities. (Chapter 279, Statutes of Nevada 2017, p. 1490) Section 14 of this bill requires the Legislative Committee on Health Care to conduct a similar study during the 2019-2020 interim. Section 14 requires the study to: (1) compare standards of training required by different entities; and (2) determine whether employees and contractors of such entities should be required to complete training concerning a minimum set of competencies or complete a minimum amount of training.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439B.225 is hereby amended to read as follows:
439B.225 1. As used in this section, licensing board means any division or board empowered to adopt standards for the issuance or renewal of licenses, permits or certificates of registration pursuant to NRS [433.601 to 433.621, inclusive,] 435.3305 to 435.339, inclusive, chapter 449, 625A, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640D, 641, 641A, 641B, 641C, 652 or 654 of NRS.
2. The Committee shall review each regulation that a licensing board proposes or adopts that relates to standards for the issuance or renewal of licenses, permits or certificates of registration issued to a person or facility regulated by the board, giving consideration to:
(a) Any oral or written comment made or submitted to it by members of the public or by persons or facilities affected by the regulation;
(b) The effect of the regulation on the cost of health care in this State;
(c) The effect of the regulation on the number of licensed, permitted or registered persons and facilities available to provide services in this State; and
(d) Any other related factor the Committee deems appropriate.
3. After reviewing a proposed regulation, the Committee shall notify the agency of the opinion of the Committee regarding the advisability of adopting or revising the proposed regulation.
4. The Committee shall recommend to the Legislature as a result of its review of regulations pursuant to this section any appropriate legislation.
Sec. 2. NRS 449.0026 is hereby amended to read as follows:
449.0026 Community-based living arrangement services [has the meaning ascribed to it in NRS 433.605.] means flexible, individualized services, including, without limitation, training and habilitation services, that are:
κ2019 Statutes of Nevada, Page 248 (CHAPTER 51, AB 131)κ
1. Provided in the home, for compensation, to persons with mental illness who are served by the Division or any other entity; and
2. Designed and coordinated to assist such persons in maximizing their independence.
Sec. 3. NRS 449.0045 is hereby amended to read as follows:
449.0045 Facility for the dependent includes:
1. A facility for the treatment of abuse of alcohol or drugs;
2. A halfway house for recovering alcohol and drug abusers;
3. A facility for the care of adults during the day;
4. A residential facility for groups;
5. An agency to provide personal care services in the home;
6. A facility for transitional living for released offenders;
7. A home for individual residential care;
8. A peer support recovery organization; [and]
9. A community health worker pool [.] ; and
10. A provider of community-based living arrangement services.
Sec. 4. NRS 449.03005 is hereby amended to read as follows:
449.03005 1. Except as otherwise provided in NRS 449.03017, a person must obtain a license from the Board to operate an employment agency that contracts with persons in this State to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home [.] , regardless of whether the agency is located in this State.
2. The Board shall adopt:
(a) Standards for licensing of employment agencies that provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home;
(b) Standards relating to the fees charged by such employment agencies;
(c) Regulations governing the licensing of such employment agencies; and
(d) Regulations establishing requirements for training the persons who contract with such employment agencies to provide such nonmedical services.
3. An employment agency that is licensed pursuant to this section shall not refer a person to a home to provide nonmedical services related to personal care to elderly persons or persons with disabilities if that person has not met the requirements set forth in NRS 449.115 to 449.125, inclusive.
4. A person who violates the provisions of subsection 3 is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, 449.435 to 449.531, inclusive, and chapter 449A of NRS and to protect the health, safety, well-being and property of the persons served by employment agencies.
Sec. 5. NRS 449.089 is hereby amended to read as follows:
449.089 1. Each license issued pursuant to NRS 449.029 to 449.2428, inclusive, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 449.050 unless the Division finds, after an investigation, that the facility has not:
κ2019 Statutes of Nevada, Page 249 (CHAPTER 51, AB 131)κ
(a) Satisfactorily complied with the provisions of NRS 449.029 to 449.2428, inclusive, or the standards and regulations adopted by the Board;
(b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100; or
(c) Conformed to all applicable local zoning regulations.
2. Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a provider of community-based living arrangement services, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv) which accepts payment through Medicare, a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, a peer support recovery organization, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs must include, without limitation, a statement that the facility, hospital, agency, program, pool, organization or home is in compliance with the provisions of NRS 449.115 to 449.125, inclusive, and 449.174.
3. Each reapplication for an agency to provide personal care services in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a facility for the care of adults during the day, a peer support recovery organization, a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the holder of the license to operate, and the administrator or other person in charge and employees of, the facility, agency, pool, organization or home are in compliance with the provisions of NRS 449.093.
Sec. 6. NRS 449.119 is hereby amended to read as follows:
449.119 Facility, hospital, agency, program or home means an agency to provide personal care services in the home, an employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home, an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a provider of community-based living arrangement services, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv) which accepts payment through Medicare, a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, a peer support recovery organization, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs.
κ2019 Statutes of Nevada, Page 250 (CHAPTER 51, AB 131)κ
Sec. 7. NRS 449.131 is hereby amended to read as follows:
449.131 1. Any authorized member or employee of the 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 449.029 to 449.245, inclusive.
2. The State Fire Marshal or a designee of the State Fire Marshal shall, upon receiving a request from the Division or a written complaint concerning compliance with the plans and requirements to respond to an emergency adopted pursuant to subsection 9 of NRS 449.0302:
(a) Enter and inspect a residential facility for groups [;] or a building operated by a provider of community-based living arrangement services in which such services are provided; and
(b) Make recommendations regarding the adoption of plans and requirements pursuant to subsection 9 of NRS 449.0302,
Κ to ensure the safety of the residents of the facility or persons receiving care from the provider, as applicable, in an emergency.
3. The Chief Medical Officer or a designee of the Chief Medical Officer shall enter and inspect at least annually each building or the premises of a residential facility for groups and each building operated by a provider of community-based living arrangement services in which such services are provided to ensure compliance with standards for health and sanitation.
4. An authorized member or employee of the Division shall enter and inspect any building or premises operated by a residential facility for groups or provider of community-based living arrangement services within 72 hours after the Division is notified that a residential facility for groups or provider of community-based living arrangement services is operating without a license.
Sec. 8. NRS 449.134 is hereby amended to read as follows:
449.134 A facility for intermediate care, facility for skilled nursing, residential facility for groups , provider of community-based living arrangement services or home for individual residential care shall immediately provide notice of a deficiency affecting the health and safety of a patient discovered during the course of an inspection of the facility for intermediate care, facility for skilled nursing, residential facility for groups , provider of community-based living arrangement services or home for individual residential care conducted by the Division to:
1. A person receiving care at the facility or home [;] or from the provider, as applicable;
2. The parent or legal guardian of the person receiving care at the facility or home [;] or from the provider, as applicable; or
3. Any other natural person designated to receive such notice by the person receiving care at the facility or home or from the provider, as applicable, or the parent or guardian of the person.
Sec. 9. NRS 449A.009 is hereby amended to read as follows:
449A.009 Community-based living arrangement services has the meaning ascribed to it in NRS [433.605.] 449.0026.
Sec. 10. NRS 449A.031 is hereby amended to read as follows:
449A.031 Facility for the dependent [includes:
1. A facility for the treatment of abuse of alcohol or drugs;
2. A halfway house for recovering alcohol and drug abusers;
3. A facility for the care of adults during the day;
4. A residential facility for groups;
5. An agency to provide personal care services in the home;
κ2019 Statutes of Nevada, Page 251 (CHAPTER 51, AB 131)κ
6. A facility for transitional living for released offenders;
7. A home for individual residential care;
8. A peer support recovery organization; and
9. A community health worker pool.] has the meaning ascribed to it in NRS 449.0045.
Sec. 11. NRS 232.359 is hereby amended to read as follows:
232.359 1. The Department, in collaboration with any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services, shall establish and maintain a statewide information and referral system to provide nonemergency information and referrals to the general public concerning the health, welfare, human and social services provided by public or private entities in this State. The system must:
(a) Integrate any information and referral systems previously established by state agencies, local agencies or community-based organizations with the system established pursuant to this section;
(b) Be the sole system in this State which is accessible to a person by dialing the digits 2-1-1 and which provides nonemergency information and referrals to the general public concerning the health, welfare, human and social services provided by public or private entities in this State;
(c) Be accessible to a person using the public telephone system by dialing the digits 2-1-1; [and]
(d) [Include] Except as otherwise provided in paragraph (e), include information that is updated periodically [.] ; and
(e) Include information concerning the licensing status of any entity licensed pursuant to chapter 449 of NRS that is reviewed and updated at least quarterly.
2. In establishing the statewide information and referral system, the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services shall consult with representatives of:
(a) The Public Utilities Commission of Nevada;
(b) Telephone companies which provide service through a local exchange in this State;
(c) Companies that provide wireless phone services in this State;
(d) Existing information and referral services established by state agencies, local agencies or community-based organizations;
(e) State and local agencies or other organizations that provide health, welfare, human and social services;
(f) Nonprofit organizations; and
(g) Such other agencies, entities and organizations as determined necessary by the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services or any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services.
3. The Public Utilities Commission of Nevada, each telephone company which provides service through a local exchange in this State and each company that provides wireless phone services in this State shall cooperate with the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services in the establishment of the statewide information and referral system.
κ2019 Statutes of Nevada, Page 252 (CHAPTER 51, AB 131)κ
company that provides wireless phone services in this State shall cooperate with the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services in the establishment of the statewide information and referral system.
Sec. 12. NRS 433.806 is hereby amended to read as follows:
433.806 1. Any person or entity, including, without limitation, the Division, that determines the placement of a person with a mental illness or a person with a developmental disability in a mental health facility, medical facility , [or] facility for the dependent [, with a provider of community-based living arrangement services] or any other placement shall, when making such a determination, consider whether the mental health facility, medical facility, facility for the dependent [, provider of community-based living arrangement services] or other placement is capable of:
(a) Adequately addressing the needs of the person for care and services, including, without limitation, the administration of medication; and
(b) Ensuring the safety of the person in the event of a fire or other emergency.
2. As used in this section:
(a) [Community-based living arrangement services has the meaning ascribed to it in NRS 433.605.
(b)] Facility for the dependent has the meaning ascribed to it in NRS 449.0045.
[(c)] (b) Medical facility has the meaning ascribed to it in NRS 449.0151.
Sec. 13. NRS 632.316 is hereby amended to read as follows:
632.316 The provisions of NRS 632.315 do not prohibit:
1. Gratuitous nursing by friends or by members of the family of a patient.
2. The incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.
3. Nursing assistance in the case of an emergency.
4. The practice of nursing by students enrolled in accredited schools of nursing or by graduates of those schools or courses pending the results of the first licensing examination scheduled by the Board following graduation. A student or graduate may not work as a nursing assistant unless the student or graduate is certified to practice as a nursing assistant pursuant to the provisions of this chapter.
5. The practice of nursing in this State by any legally qualified nurse or nursing assistant of another state whose engagement requires the nurse or nursing assistant to accompany and care for a patient temporarily residing in this State during the period of one such engagement, not to exceed 6 months, if the person does not represent or hold himself or herself out as a nurse licensed to practice in this State or as a nursing assistant who holds a certificate to practice in this State.
6. The practice of any legally qualified nurse of another state who is employed by the United States Government, or any bureau, division or agency thereof, while in the discharge of his or her official duties in this State, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.
κ2019 Statutes of Nevada, Page 253 (CHAPTER 51, AB 131)κ
7. Nonmedical nursing for the care of the sick, with or without compensation, if done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, if that nursing does not amount to the practice of practical or professional nursing as defined in NRS 632.017 and 632.018, respectively.
8. A personal assistant from performing services for a person with a disability pursuant to NRS 629.091.
9. A natural person from providing community-based living arrangement services if:
(a) That person has been issued a [certificate] license pursuant to [NRS 433.601 to 433.621, inclusive,] chapter 449 of NRS and the regulations adopted pursuant [to NRS 433.609;] thereto; or
(b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a [certificate] license pursuant to [NRS 433.601 to 433.621, inclusive,] chapter 449 of NRS and the regulations adopted pursuant [to NRS 433.609.] thereto.
Κ As used in this subsection, community-based living arrangement services has the meaning ascribed to it in NRS [433.605.] 449.0026.
10. A natural person from providing supported living arrangement services if:
(a) That person has been issued a certificate pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339, inclusive; or
(b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a certificate pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339, inclusive.
Κ As used in this subsection, supported living arrangement services has the meaning ascribed to it in NRS 435.3315.
Sec. 14. 1. The Legislative Committee on Health Care shall conduct a study during the 2019-2020 interim concerning standards of training for natural persons who are not providers of health care and who provide care to a person through employment or a contractual arrangement with a facility for intermediate care, facility for skilled nursing, facility for the care of adults during the day, residential facility for groups, home for individual residential care, an agency to provide nursing in the home, an agency to provide personal care services in the home or a provider of community-based living arrangement services or supported living arrangement services.
2. In conducting the study, the Legislative Committee on Health Care shall:
(a) Compare standards of training required by different entities described in subsection 1; and
(b) Determine whether the natural persons described in subsection 1 should be required to complete training concerning a minimum set of competencies or complete a minimum amount of training. If the Legislative Committee on Health Care determines that such requirements should be imposed, the Committee shall determine whether any class of natural persons described in subsection 1 should be exempt from those requirements.
3. The Legislative Committee on Health Care shall submit a report of the results of the study conducted pursuant to this section and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the Legislature not later than September 1, 2020.
κ2019 Statutes of Nevada, Page 254 (CHAPTER 51, AB 131)κ
recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the Legislature not later than September 1, 2020.
4. As used in this section:
(a) Agency to provide nursing in the home has the meaning ascribed to it in NRS 449.0015.
(b) Agency to provide personal care services in the home has the meaning ascribed to it in NRS 449.0021.
(c) Community-based living arrangement services has the meaning ascribed to it in NRS 449.0026, as amended by section 2 of this act.
(d) Facility for intermediate care has the meaning ascribed to it in NRS 449.0038.
(e) Facility for skilled nursing has the meaning ascribed to it in NRS 449.0039.
(f) Facility for the care of adults during the day has the meaning ascribed to it in NRS 449.004.
(g) Home for individual residential care has the meaning ascribed to it in NRS 449.0105.
(h) Residential facility for groups has the meaning ascribed to it in NRS 449.017.
(i) Supported living arrangement services has the meaning ascribed to it in NRS 435.3315.
Sec. 15. 1. A certificate to provide community-based living arrangement services issued pursuant to NRS 433.601 to 433.621, inclusive, that is valid on January 1, 2020, remains valid until its date of expiration, if the holder of the certificate otherwise remains qualified for the issuance or renewal of the certificate on or after January 1, 2020.
2. Any regulations adopted by the State Board of Health pursuant to NRS 433.609 that do not conflict with the provisions of this act shall be deemed to have been adopted pursuant to NRS 449.0302 and continue in effect until amended or repealed. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code:
(a) Substitute appropriately the term license for the term certificate in the regulations described in this subsection; and
(b) Move the regulations described in this subsection from chapter 433 of the Nevada Administrative Code to chapter 449 of the Nevada Administrative Code.
3. Any regulations adopted by the State Board of Health that conflict with any of the provisions of this act are void. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after January 1, 2020.
4. As used in this section, community-based living arrangement services has the meaning ascribed to it in NRS 449.0026, as amended by section 2 of this act.
Sec. 16. NRS 433.601, 433.603, 433.605, 433.607, 433.609, 433.611, 433.613, 433.615, 433.617, 433.619 and 433.621 are hereby repealed.
Sec. 17. This act becomes effective:
1. Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On January 1, 2020, for all other purposes.
________
κ2019 Statutes of Nevada, Page 255κ
Assembly Bill No. 133Assemblywoman Benitez-Thompson
CHAPTER 52
[Approved: May 15, 2019]
AN ACT relating to public welfare; setting forth legislative findings and declarations concerning homeless youth; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill: (1) sets forth legislative findings relating to homeless youth as a subpopulation of the homeless population with complex and different needs than the adult homeless population; and (2) declares that it is consistent with the Legislatures intent that the counties in this State work with local community organizations to identify sources of funding and provide funding to reduce youth homelessness.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Legislature hereby finds that:
(a) Homeless youth are a subpopulation of the homeless population.
(b) The factors that affect homeless youth are complex and differ from those impacting the adult homeless population because of the developmental needs and limited life experiences of homeless youth.
(c) Homeless shelters serving poor or indigent adults may not provide a safe environment for homeless youth.
(d) There is an urgent need to reduce youth homelessness in this State.
2. The Legislature hereby declares that it is consistent with the Legislatures intent that the counties in this State work with local community organizations to identify sources of funding, including, without limitation, grants, and provide funding to reduce youth homelessness.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 156Committee on Health and Human Services
CHAPTER 53
[Approved: May 15, 2019]
AN ACT relating to child welfare; requiring a court to appoint an educational decision maker for a child for whom a petition is filed alleging that the child is in need of protection; prescribing the duties of such an educational decision maker; requiring an agency acting as the custodian of a child to include certain educational information in a report submitted to the court before a hearing to review the placement of the child; and providing other matters properly relating thereto.
κ2019 Statutes of Nevada, Page 256 (CHAPTER 53, AB 156)κ
Legislative Counsels Digest:
Existing law authorizes a court to appoint an educational surrogate parent for a child with a known or suspected disability if: (1) a parent is not identified, unavailable or unwilling or unable to make decisions relating to the education of the child; and (2) such an appointment is in the best interests of the child. (NRS 432B.462) Section 2 of this bill instead requires a court to appoint an educational decision maker for any child for whom a petition is filed alleging that the child is in need of protection. Section 2 establishes a rebuttable presumption that it is in the best interests of the child for the court to appoint a parent or guardian as the educational decision maker for the child but authorizes the court to appoint a person other than a parent or guardian if the court determines that: (1) the parent or guardian is unwilling or unable to act as the educational decision maker; or (2) it is not in the best interests of the child for the parent or guardian to act as the educational decision maker. Section 2 prescribes the duties of an educational decision maker, including meeting with the child, ensuring that the child receives a free and appropriate education in accordance with federal and state law and participating in meetings regarding the education of the child and child welfare proceedings. Section 2 also requires an educational decision maker, to the extent practicable, to communicate any concerns he or she has regarding the educational placement of the child and the educational services provided to the child and any recommendations to address those concerns to the agency which provides child welfare services, the attorney representing the child and, if the educational decision maker for the child is not the parent or guardian of the child, the parent or guardian of the child. Sections 2 and 4 of this bill require an agency which provides child welfare services to consult with the educational decision maker for a child who is in foster care when determining whether it is in the best interests of the child to remain at his or her school of origin. Section 1 of this bill requires a court to: (1) ensure that an educational decision maker is involved in and notified of any plan for the placement of the child; and (2) allow the educational decision maker to testify at any child welfare hearing to determine the placement of the child.
Existing law requires a court that places a child who is in need of protection in the custody of a person other than a parent or guardian to review the placement at least semiannually. Before any hearing for review of the placement of the child, an agency acting as the custodian of the child is required to submit to the court a report that contains certain information concerning the child. (NRS 432B.580) Section 3 of this bill revises the educational information that an agency is required to include in such a report.
Existing law requires a court to provide each person who is entitled to notice of a hearing to review the placement of a child with such a notice and the opportunity to participate in an annual hearing concerning the permanent placement of the child. (NRS 432B.590) Therefore, section 3 requires a court to provide an educational decision maker with notice of such an annual hearing.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 432B.457 is hereby amended to read as follows:
432B.457 1. If the court or a special master appointed pursuant to NRS 432B.455 finds that a person has a special interest in a child, the court or the special master shall:
(a) Except for good cause, ensure that the person is involved in and notified of any plan for the temporary or permanent placement of the child and is allowed to offer recommendations regarding the plan; and
(b) Allow the person to testify at any hearing held pursuant to this chapter to determine any temporary or permanent placement of the child.
κ2019 Statutes of Nevada, Page 257 (CHAPTER 53, AB 156)κ
2. For the purposes of this section, a person has a special interest in a child if:
(a) The person is:
(1) A parent or other relative of the child;
(2) A foster parent or other provider of substitute care for the child;
(3) A provider of care for the medical or mental health of the child; [or]
(4) An educational decision maker appointed for the child pursuant to NRS 432B.462; or
(5) A teacher or other school official who works directly with the child; and
(b) The person:
(1) Has a personal interest in the well-being of the child; or
(2) Possesses information that is relevant to the determination of the placement of the child.
Sec. 2. NRS 432B.462 is hereby amended to read as follows:
432B.462 1. [Any person who is a party to a proceeding pursuant to this chapter may file a petition requesting] As soon as possible after a petition is filed alleging that a child is in need of protection pursuant to NRS 432B.490 but no later than the date on which the disposition hearing is held pursuant to subsection 5 of NRS 432B.530, the court [to] shall appoint an educational [surrogate parent] decision maker for [a] the child . [with a known or suspected disability.]
2. There is a rebuttable presumption that it is in the best interests of the child for the court to appoint a parent or guardian of the child as the educational decision maker for the child. The court may appoint [an] a person other than a parent or guardian as an educational [surrogate parent] decision maker for a child [with a known or suspected disability if a parent, as defined in 34 C.F.R. § 300.30, is:
(a) Not identified;
(b) Unavailable; or
(c) Unwilling or unable to make decisions relating to the education of the child and such an appointment is in the best interest of the child.
2. The] if, upon a motion from any party, the court finds that:
(a) The parent or guardian of the child is unwilling or unable to act as the educational decision maker for the child; or
(b) It is not in the best interests of the child for the parent or legal guardian to act as the educational decision maker for the child.
3. If the court [may] makes a finding described in subsection 2, the court must appoint [a person as] an educational [surrogate parent if the] decision maker for the child who has the knowledge and skills to act in the best interests of the child in all matters relating to the education of the child. Such a person may include, without limitation:
(a) A relative of the child within the fifth degree of consanguinity;
(b) The foster parent or other provider of substitute care for the child;
(c) A fictive kin of the child, as that term is defined in subsection 10 of NRS 432B.390;
(d) The guardian ad litem appointed for the child pursuant to NRS 432B.500; or
(e) Another person whom the court determines is qualified to perform the duties of an educational decision maker prescribed by this section.
4. If possible, a person [:
κ2019 Statutes of Nevada, Page 258 (CHAPTER 53, AB 156)κ
(a) Has not caused the abuse or neglect of the child;
(b) Does not have any interest that conflicts with the best interests of the child;
(c) Has the knowledge and skill to adequately represent the interests of the child; and
(d) Is not an employee of a public agency involved in the education of the child.] appointed as an educational decision maker for a child pursuant to subsection 3 must be the permanent caregiver recommended for the child in the plan for permanent placement adopted pursuant to NRS 432B.553.
5. The fact that a person other than the parent or guardian of a child is appointed as an educational decision maker pursuant to this section must not be used in any proceeding as evidence that the person is an unfit parent or unfit to be the guardian of the child.
6. An educational [surrogate parent] decision maker appointed pursuant to this section shall not be deemed to be an employee of a public agency involved in the education of the child.
[3.] 7. An educational [surrogate parent shall represent the child with a known or suspected disability in all matters relating to the identification of the child, the assessment of any special educational needs of the child, the educational placement of the child and the provision of a free appropriate program of public education to the child.
4.] decision maker shall:
(a) Have an initial meeting with the child and then shall meet with the child as often as he or she deems necessary to carry out the duties prescribed by this section in accordance with the best interests of the child;
(b) Address any disciplinary issues relating to the education of the child with the child and the school in which the child is enrolled;
(c) Ensure that the child receives a free and appropriate education in accordance with federal and state law, including, without limitation:
(1) Any special programs of instruction or special services for pupils with disabilities to which the child is entitled by federal or state law; and
(2) If the child is at least 14 years of age, educational services to assist the child in transitioning to independent living;
(d) Consult with the agency which provides child welfare services concerning a determination about whether the child should change schools pursuant to NRS 388E.105, if applicable;
(e) Participate in any meeting relating to the education of the child, including, without limitation, a meeting regarding any individualized education program established for the pupil pursuant to 20 U.S.C. § 1414(d) or special program of instruction or special service provided to the pupil;
(f) To the extent practicable, communicate any concerns he or she has regarding the educational placement of the child and the educational services provided to the child and any recommendations to address those concerns to:
(1) The agency which provides child welfare services;
(2) The attorney representing the child; and
(3) If the educational decision maker for the child is not the parent or guardian of the child, the parent or guardian of the child; and
(g) Appear at any proceeding held pursuant to this section and NRS 432B.410 to 432B.590, inclusive, and make specific recommendations to the court as appropriate concerning the educational placement of the child, the educational services provided to the child and, if the child is at least 14 years of age, the services needed to assist the child in transitioning to independent living.
κ2019 Statutes of Nevada, Page 259 (CHAPTER 53, AB 156)κ
educational services provided to the child and, if the child is at least 14 years of age, the services needed to assist the child in transitioning to independent living.
8. A court may revoke the appointment of an educational [surrogate parent] decision maker if the court determines the revocation of the appointment is in the best interests of the child.
[5. If the court does not appoint an educational surrogate parent or if the court revokes such an appointment, the selection of an educational surrogate parent must be made pursuant to applicable state and federal law.] If the court revokes such an appointment, the court must appoint a new educational decision maker for the child.
9. An educational decision maker appointed for a child pursuant to this section shall be deemed to be a surrogate parent for the purposes of 34 C.F.R. § 300.519.
Sec. 3. NRS 432B.580 is hereby amended to read as follows:
432B.580 1. Except as otherwise provided in this section and NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually, and within 90 days after a request by a party to any of the prior proceedings. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.
2. An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes:
(a) An evaluation of the progress of the child and the family of the child and any recommendations for further supervision, treatment or rehabilitation.
(b) Information concerning the placement of the child in relation to the childs siblings, including, without limitation:
(1) Whether the child was placed together with the siblings;
(2) Any efforts made by the agency to have the child placed together with the siblings;
(3) Any actions taken by the agency to ensure that the child has contact with the siblings; and
(4) If the child is not placed together with the siblings:
(I) The reasons why the child is not placed together with the siblings; and
(II) A plan for the child to visit the siblings, which must be presented at the first hearing to occur after the siblings are separated and approved by the court. The plan for visitation must be updated as necessary to reflect any change in the placement of the child or a sibling, including, without limitation, any such change that occurs after the termination of parental rights to the child or a sibling or the adoption of a sibling.
(c) Information concerning the childs education, including:
(1) A copy of any academic plan or individual graduation plan developed for the child pursuant to NRS 388.155, 388.165, 388.205 or 388.227;
(2) The grade and school in which the child is enrolled;
(3) The name of each school the child attended before enrolling in the school in which he or she is currently enrolled and the corresponding dates of attendance;
κ2019 Statutes of Nevada, Page 260 (CHAPTER 53, AB 156)κ
(4) Whether the child has not completed or passed any course of instruction that the child should have completed or passed by the time the report is submitted, which has resulted in the child having a deficiency in credits;
(5) A copy of any individualized education program developed for the child;
(6) A copy of any plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794;
(7) A summary of any special education services received by the child;
(8) A copy of the most recent report card of the child;
(9) A statement of the number of credits earned by the child during the most recent semester, if applicable;
(10) A statement of the number of times the child has been absent from school during the current or most recent school year for which the child was enrolled in school;
(11) The scores the child received on any academic assessments or standardized examinations administered to the child;
(12) Any information provided by the educational decision maker appointed for the child pursuant to NRS 432B.462; and
(13) Whether a request that the child receive special education services has been made and, if so, the outcome of such a request . [; and
(9) Whether, in the opinion of the agency, it is necessary to appoint a surrogate parent to represent the child in all matters relating to the provision of a free and appropriate public education to the child.]
(d) A copy of any explanations regarding medication that has been prescribed for the child that have been submitted by a foster home pursuant to NRS 424.0383.
3. Except as otherwise provided in this subsection, a copy of the report submitted pursuant to subsection 2 must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the parent has not appeared in the action, the report need not be sent to that parent.
4. After a plan for visitation between a child and the siblings of the child submitted pursuant to subparagraph (4) of paragraph (b) of subsection 2 has been approved by the court, the agency which provides child welfare services must request the court to issue an order requiring the visitation set forth in the plan for visitation. Upon the issuance of such an order, the court shall provide each sibling of the child with the case number of the proceeding for the purpose of allowing the sibling to petition the court for visitation or enforcement of the order for visitation. If a person refuses to comply with or disobeys an order issued pursuant to this subsection, the person may be punished as for a contempt of court.
5. The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it.
6. Except as otherwise provided in subsection 7 and subsection 5 of NRS 432B.520, notice of the hearing must be given by registered or certified mail to:
κ2019 Statutes of Nevada, Page 261 (CHAPTER 53, AB 156)κ
(a) All the parties to any of the prior proceedings;
(b) Any persons planning to adopt the child;
(c) A sibling of the child, if known, who has been granted a right to visitation of the child pursuant to this section or NRS 127.171 and his or her attorney, if any; [and]
(d) Any other relatives of the child or providers of foster care who are currently providing care to the child [.] ; and
(e) The educational decision maker appointed for the child pursuant to NRS 432B.462.
7. The notice of the hearing required to be given pursuant to subsection 6:
(a) Must include a statement indicating that if the child is placed for adoption the right to visitation of the child is subject to the provisions of NRS 127.171;
(b) Must not include any confidential information described in NRS 127.140;
(c) Need not be given to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040; and
(d) Need not be given to a parent who delivered a child to a provider of emergency services pursuant to NRS 432B.630.
8. The court or panel may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 6 a right to be heard at the hearing.
9. The court or panel shall review:
(a) The continuing necessity for and appropriateness of the placement;
(b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;
(c) Any progress which has been made in alleviating the problem which resulted in the placement of the child; [and]
(d) The date the child may be returned to, and safely maintained in, the home or placed for adoption or under a legal guardianship [.] ; and
(e) The information described in paragraph (c) of subsection 2 to determine whether the child is making adequate academic progress and receiving the educational services or supports necessary to ensure the academic success of the child.
10. The provision of notice and a right to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.
11. As used in this section, individualized education program has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
Sec. 4. NRS 388E.105 is hereby amended to read as follows:
388E.105 1. When a child enters foster care or changes placement while in foster care, the agency which provides child welfare services to the child shall determine whether it is in the best interests of the child for the child to remain in his or her school of origin. In making this determination, there is a rebuttable presumption that it is in the best interests of the child to remain in his or her school of origin.
2. In determining whether it is in the best interests of a child in foster care to remain in his or her school of origin, the agency which provides child welfare services, in consultation with the local education agency [,] and the educational decision maker appointed for the child pursuant to NRS 432B.462, must consider, without limitation:
κ2019 Statutes of Nevada, Page 262 (CHAPTER 53, AB 156)κ
educational decision maker appointed for the child pursuant to NRS 432B.462, must consider, without limitation:
(a) The wishes of the child;
(b) The educational success, stability and achievement of the child;
(c) Any individualized education program or academic plan developed for the child;
(d) Whether the child has been identified as an English learner;
(e) The health and safety of the child;
(f) The availability of necessary services for the child at the school of origin; and
(g) Whether the child has a sibling enrolled in the school of origin.
Κ The costs of transporting the child to the school of origin must not be considered when determining whether it is in the best interests of the child to remain at his or her school of origin.
3. If the agency which provides child welfare services determines that it is in the best interests of a child in foster care to attend a public school other than the childs school of origin:
(a) The agency which provides child welfare services must:
(1) Provide written notice of its determination to every interested party as soon as practicable; and
(2) In collaboration with the local education agency, ensure that the child is immediately enrolled in that public school; and
(b) The public school may not refuse to the enroll the child on the basis that the public school does not have:
(1) A certificate stating that the child has been immunized and has received proper boosters for that immunization;
(2) A birth certificate or other document suitable as proof of the childs identity;
(3) A copy of the childs records from the school the child most recently attended; or
(4) Any other documentation required by a policy adopted by the public school or the local education agency.
Sec. 5. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 263κ
Assembly Bill No. 228Committee on Health and Human Services
CHAPTER 54
[Approved: May 15, 2019]
AN ACT relating to services to aging and disabled persons; expanding the jurisdiction of the State Long-Term Care Ombudsman to perform certain actions to protect the health, safety, welfare and civil rights of certain persons receiving services from certain entities other than long-term care facilities; revising the duties of the Ombudsman; requiring the Aging and Disability Services Division of the Department of Health and Human Services to adopt regulations requiring certain such facilities and providers of services to post information relating to the procedure for making a complaint to the Ombudsman and prescribing a civil penalty for failure to comply with such regulations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Office of the State Long-Term Care Ombudsman to advocate for the protection of the health, safety, welfare and rights of residents of facilities for long-term care. (NRS 427A.125) The Ombudsman is required to train advocates whom the Ombudsman appoints to perform certain duties, including: (1) receiving, investigating and attempting to resolve complaints by residents of facilities for long-term care; and (2) investigating acts, practices, policies or procedures of facilities for long-term care and governmental agencies which relate to such care. (NRS 427A.125, 427A.127) Section 6 of this bill expands the jurisdiction of the Ombudsman to include advocating for recipients of services from day care centers for adults, facilities for long-term rehabilitation and living arrangement services. Section 2 of this bill defines the term facility for long-term rehabilitation to mean a facility that provides residential services for rehabilitation from an acute illness or injury in which a recipient may reside for longer than 1 month. Section 3 of this bill defines the term living arrangement services to include certain services provided in the home of a person with a mental illness, a person with an intellectual disability or a person with a related condition.
Existing law authorizes the Ombudsman or an advocate to enter onto the premises of a facility for long-term care to investigate or review any act, practice, policy, procedure or condition that may adversely affect the health, safety, welfare or civil rights of a resident of the facility. Such investigations may be conducted periodically or pursuant to a complaint. (NRS 427A.125, 427A.135) In conducting such an investigation or review, the Ombudsman or advocate may: (1) inspect the facility and its records; (2) interview officers, directors, employees and residents of the facility as well as legal guardians and families of residents and persons designated as responsible for decisions concerning the care of residents; and (3) obtain assistance and information from any agency of this State. (NRS 427A.145) A person who interferes with such an investigation or review is subject to an administrative fine of not more than $1,000 for each violation. (NRS 427A.135) Section 4.5 of this bill authorizes the Administrator of the Aging and Disability Services Division of the Department of Health and Human Services to direct the Ombudsman or an advocate to investigate a complaint involving a recipient who receives services from a facility for long-term care, day care center for adults, facility for long-term rehabilitation or provider of living arrangement services. Sections 6, 7 and 9 of this bill expand the authority of the Ombudsman or an advocate to respond to complaints involving a recipient who receives services from a day care center for adults, facility for long-term rehabilitation or provider of living arrangement services.
κ2019 Statutes of Nevada, Page 264 (CHAPTER 54, AB 228)κ
Section 8 of this bill prohibits retaliation against any person who files a complaint with, or provides information to, the Ombudsman or an advocate. A person who violates this prohibition is subject to an administrative fine of not more than $1,000 for each violation. Section 10 of this bill requires the Division to adopt regulations: (1) requiring a facility for long-term care, adult day care center, facility for long-term rehabilitation or provider of living arrangement services to post instructions concerning the procedure for making a complaint to the Ombudsman or an advocate; and (2) prescribing a penalty for failure to comply with this requirement.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.5, inclusive, of this act.
Sec. 2. Facility for long-term rehabilitation means a facility that provides residential services for rehabilitation from an acute illness or injury in which a recipient may reside for longer than 1 month.
Sec. 3. Living arrangement services means:
1. Community-based living arrangement services, as defined in NRS 433.605, that include:
(a) Intensive services and overnight supervision of recipients who require training concerning behavioral skills, self-care and management of medications; or
(b) Services in the home for recipients with chronic medical conditions and severe mental illness who require habilitation or rehabilitation services, or both; and
2. Supported living arrangement services, as defined in NRS 435.3315, that include 24-hour care.
Sec. 4. Recipient means a person who receives:
1. Services from a facility for long-term care, a day care center or a facility for long-term rehabilitation; or
2. Living arrangement services.
Sec. 4.5. 1. The Administrator may direct the Ombudsman or an advocate to investigate a complaint involving a recipient.
2. If the Administrator directs an investigation pursuant to subsection 1, the Ombudsman or an advocate shall conduct an investigation of the complaint.
Sec. 5. NRS 427A.020 is hereby amended to read as follows:
427A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 427A.021 to 427A.0295, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 427A.125 is hereby amended to read as follows:
427A.125 1. The Office of the State Long-Term Care Ombudsman is hereby created within the Division.
2. The Administrator shall appoint the State Long-Term Care Ombudsman to advocate for the protection of the health, safety, welfare and rights of [residents of facilities for long-term care.] recipients. The Ombudsman is in the classified service of the State. The Ombudsman shall, under direction of the Administrator:
κ2019 Statutes of Nevada, Page 265 (CHAPTER 54, AB 228)κ
(a) Train advocates to:
(1) Receive, investigate and attempt to resolve complaints made by or on behalf of [residents of facilities for long-term care.] recipients.
(2) Investigate acts, practices, policies or procedures of any facility for long-term care , day care center, facility for long-term rehabilitation or provider of living arrangement services or any governmental agency which relates to such care or services and may adversely affect the health, safety, welfare or civil rights of [residents of such facilities,] recipients and report the results of the investigations to the Ombudsman and the Administrator.
(3) Record and analyze information and complaints about facilities for long-term care , day care centers, facilities for long-term rehabilitation and providers of living arrangement services to identify problems affecting [their residents.] recipients to whom they provide services.
(4) Provide for the support and development of [resident] recipient and family councils to protect the well-being and rights of [residents of facilities for long-term care.] recipients.
(5) Assist facilities for long-term care , day care centers, facilities for long-term rehabilitation and providers of living arrangement services to provide services to [residents] recipients in the manner set forth in paragraph (b).
(b) Develop a course of training to be made available to officers, directors and employees of a facility for long-term care , a day care center, a facility for long-term rehabilitation or a provider of living arrangement services to encourage such facilities and providers to provide services to [their residents] recipients in a manner that allows the [residents] recipients to follow their own routine and make their own decisions concerning the daily activities in which to participate. The course must also provide information concerning how to provide services in that manner.
(c) Coordinate services within the Department which may affect [residents] recipients and prospective [residents of facilities for long-term care] recipients to ensure that such services are made available to eligible persons.
(d) Provide information to interested persons and to the general public concerning the functions and activities of the Ombudsman.
(e) Report annually to the Administrator.
3. The Ombudsman may:
(a) Analyze, provide comment on and monitor the development and implementation of any federal, state or local governmental action, activity or program that relates to the protection of the health, safety, welfare and rights of [residents of facilities for long-term care;] recipients; and
(b) Recommend changes to any federal, state or local governmental action, activity or program described in paragraph (a) without the prior approval of the Administrator.
Sec. 7. NRS 427A.135 is hereby amended to read as follows:
427A.135 1. The Ombudsman or an advocate may:
(a) Upon a complaint by or on behalf of a [resident,] recipient, investigate any act or policy which the Ombudsman or advocate has reason to believe may adversely affect the health, safety, welfare or civil rights of any [resident of a facility for long-term care;] recipient; and
(b) Make periodic visits to any facility for long-term care , day care center, facility for long-term rehabilitation, facility maintained by a provider of living arrangement services or, with the consent of a recipient of living arrangement services, the residence of the recipient to provide information to [the residents of the facility] recipients and to review generally any act, practice, policy, procedure or condition which may adversely affect the health, safety, welfare or civil or other rights of any [resident of the facility.]
κ2019 Statutes of Nevada, Page 266 (CHAPTER 54, AB 228)κ
arrangement services, the residence of the recipient to provide information to [the residents of the facility] recipients and to review generally any act, practice, policy, procedure or condition which may adversely affect the health, safety, welfare or civil or other rights of any [resident of the facility.] recipient.
2. The Ombudsman or an advocate may enter [any] :
(a) Any facility for long-term care , day care center, facility for long-term rehabilitation or facility maintained by a provider of living arrangement services and any area within [the] such a facility at reasonable times with or without prior notice and must be permitted access to [residents] recipients of services from the facility at all times. Upon arrival at the facility, the Ombudsman or advocate shall make his or her presence known to the staff of the facility and shall present appropriate identification.
(b) With the consent of a recipient of living arrangement services, the residence of the recipient.
3. A person shall not willfully interfere with the Ombudsman or an advocate in the performance of any investigation or visitation pursuant to this section. If any person is found, after notice and a hearing, to have willfully violated any provision of this subsection, the Director, at the request of the Administrator, may refer the matter to the Division for the imposition of an administrative fine of not more than $1,000 for each violation.
4. Any money collected as a result of an administrative fine imposed pursuant to this section must be deposited in the State General Fund.
5. Each [resident] recipient has the right to request, deny or terminate visits with the Ombudsman or an advocate. Nothing in this subsection shall be construed to require the Ombudsman or an advocate to investigate a complaint made by or on behalf of a recipient.
6. The Ombudsman or an advocate is not liable civilly for the good faith performance of any investigation.
Sec. 8. NRS 427A.138 is hereby amended to read as follows:
427A.138 1. An officer, director or employee of a facility for long-term care , day care center, facility for long-term rehabilitation or provider of living arrangement services shall not retaliate against any person for having filed a complaint with, or provided information to, the Ombudsman or an advocate.
2. If any person is found, after notice and a hearing, to have violated any provision of subsection 1, the Director, at the request of the Administrator, may refer the matter to the Division for the imposition of an administrative fine of not more than $1,000 for each violation.
3. Any money collected as a result of an administrative fine imposed pursuant to this section must be deposited in the State General Fund.
Sec. 9. NRS 427A.145 is hereby amended to read as follows:
427A.145 In conducting an investigation, the Ombudsman or an advocate may:
1. Inspect any facility for long-term care , day care center, facility for long-term rehabilitation or facility maintained by a provider of living arrangement services and any records maintained by the facility. Except as otherwise provided in this subsection, [the] medical and personal financial records may be inspected only with the informed consent of the [resident,] recipient, the legal guardian of the [resident] recipient or the person or persons designated as responsible for decisions regarding the [resident.] recipient. Such consent must be obtained in accordance with the provisions of 45 C.F.R. § 1324.11(e)(2) and may be obtained orally, visually, in writing or through the use of auxiliary aids and services, as long as such consent is documented by the Ombudsman or the advocate.
κ2019 Statutes of Nevada, Page 267 (CHAPTER 54, AB 228)κ
use of auxiliary aids and services, as long as such consent is documented by the Ombudsman or the advocate. If the provisions of 45 C.F.R. § 1324.11(e)(2) authorize records to be inspected without the consent of the [resident,] recipient, the legal guardian of the [resident] recipient or the person or persons designated as responsible for decisions regarding the [resident,] recipient, the inspection may be conducted without consent.
2. With the consent of a recipient of living arrangement services, inspect the residence of the recipient.
3. Interview:
(a) Officers, directors and employees of any facility for long-term care, day care center, facility for long-term rehabilitation or provider of living arrangement services, including any licensed provider of health care as defined in NRS 629.031, who renders services to the facility or [its residents.] provider or recipients of services from the facility or provider.
(b) Any [resident of the facility] recipient and the legal guardian of the [resident,] recipient, if any, and the family of the [resident] recipient or the person or persons designated as responsible for decisions regarding his or her care if the [resident] recipient consents to the interview.
[3.] 4. Obtain such assistance and information from any agency of the State or its political subdivisions as is necessary properly to perform the investigation.
Sec. 10. NRS 427A.165 is hereby amended to read as follows:
427A.165 1. The Division shall adopt regulations:
(a) Requiring a facility for long-term care, day care center, facility for long-term rehabilitation or provider of living arrangement services to post instructions concerning the procedure for making a complaint to the Ombudsman or an advocate. Such instructions must include, without limitation, any telephone number, electronic mail address or Internet website established for making such a complaint.
(b) Prescribing a civil penalty not to exceed $500 for failure to comply with the regulations adopted pursuant to paragraph (a).
2. The Division may adopt regulations regarding the requirement, contents, posting and distribution of a notice which describes the purpose of the Ombudsman and an advocate and sets forth the procedure for making a complaint to the Ombudsman or an advocate.
Secs. 11-13. (Deleted by amendment.)
Sec. 14. This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act and on January 1, 2020, for all other purposes.
________
κ2019 Statutes of Nevada, Page 268κ
Assembly Bill No. 266Assemblywoman Bilbray-Axelrod
CHAPTER 55
[Approved: May 15, 2019]
AN ACT relating to unlawful detainer; revising provisions governing the sealing of records relating to evictions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that eviction case court files relating to actions for summary eviction are sealed automatically and not open to inspection: (1) upon the entry of a court order denying or dismissing the action for summary eviction; or (2) thirty-one days after a tenant files an affidavit to contest the matter, if a landlord fails to file an affidavit of complaint within 30 days after the tenant files the affidavit. Existing law also authorizes the court to seal an eviction case court file: (1) upon a written stipulation between the landlord and the tenant; or (2) upon motion by the tenant, if the court finds that the eviction should be set aside pursuant to the Justice Court Rules of Civil Procedure or that sealing the eviction case court file is in the interests of justice. (NRS 40.2545)
This bill provides that eviction case court files are automatically sealed: (1) upon the entry of a court order dismissing the action for summary eviction; (2) ten judicial days after the entry of a court order which denies the action for summary eviction; or (3) thirty-one days after a tenant files an affidavit to contest the matter, if a landlord fails to file an affidavit of complaint within 30 days after the tenant files the affidavit. This bill also provides that a notice to surrender must not be made available for public inspection.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 40.2545 is hereby amended to read as follows:
40.2545 1. In any action for summary eviction pursuant to NRS 40.253 or 40.254, the eviction case court file is sealed automatically and not open to inspection:
(a) Upon the entry of a court order which [denies or] dismisses the action for summary eviction; [or]
(b) Ten judicial days after the entry of a court order which denies the action for summary eviction; or
(c) Thirty-one days after the tenant has filed an affidavit described in subsection 3 of NRS 40.253, if the landlord has failed to file an affidavit of complaint pursuant to subsection 5 of NRS 40.253 within 30 days after the tenant filed the affidavit.
2. In addition to the provisions for the automatic sealing of an eviction case court file pursuant to subsection 1, the court may order the sealing of an eviction case court file:
(a) Upon the filing of a written stipulation by the landlord and the tenant to set aside the order of eviction and seal the eviction case court file; or
(b) Upon motion of the tenant and decision by the court if the court finds that:
κ2019 Statutes of Nevada, Page 269 (CHAPTER 55, AB 266)κ
(1) The eviction should be set aside pursuant to Rule 60 of the Justice Court Rules of Civil Procedure; or
(2) Sealing the eviction case court file is in the interests of justice and those interests are not outweighed by the publics interest in knowing about the contents of the eviction case court file, after considering, without limitation, the following factors:
(I) Circumstances beyond the control of the tenant that led to the eviction;
(II) Other extenuating circumstances under which the order of eviction was granted; and
(III) The amount of time that has elapsed between the granting of the order of eviction and the filing of the motion to seal the eviction case court file.
3. If the court orders the eviction case court file sealed pursuant to this section, all proceedings recounted in the eviction case court file shall be deemed never to have occurred.
4. Except as otherwise provided in this subsection, a notice to surrender must not be made available for public inspection by any person or governmental entity, including, without limitation, by a sheriff or constable. This subsection does not:
(a) Apply to a notice to surrender which has been filed with a court and which is part of an eviction case court file that has not been sealed pursuant to this section.
(b) Prohibit the service of a notice of surrender pursuant to NRS 40.280, and such service of a notice of surrender shall be deemed not to constitute making the notice of surrender available for public inspection as described in this subsection.
5. As used in this section, eviction case court file means all records relating to an action for summary eviction which are maintained by the court, including, without limitation, the affidavit of complaint and any other pleadings, proof of service, findings of the court, any order made on motion as provided in Nevada Rules of Civil Procedure, Justice Court Rules of Civil Procedure and local rules of practice and all other papers, records, proceedings and evidence, including exhibits and transcript of the testimony.
Sec. 2. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 270κ
Assembly Bill No. 342Assemblymen Roberts, Hafen, Leavitt, Edwards; Gorelow, Kramer, Krasner, Monroe-Moreno, Nguyen and Watts
Joint Sponsors: Senators Hammond and Spearman
CHAPTER 56
[Approved: May 15, 2019]
AN ACT relating to education; revising provisions governing the eligibility of a pupil who transfers schools pursuant to the Interstate Compact on Educational Opportunity for Military Children to participate and practice in a sanctioned sport or other interscholastic event; revising provisions relating to the administration and implementation of the Compact; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Interstate Compact on Educational Opportunity for Military Children addresses issues relating to the education of children of certain military families in states that are members of the Compact, including guidelines for the enrollment, placement, graduation and extracurricular activities of those children. (Chapter 388F of NRS) Existing law requires the appointment of a liaison to assist military families and the State of Nevada in facilitating the implementation of the Compact. (NRS 388F.030) Section 4 of this bill requires each school district to designate an employee of the school district to serve as a liaison between the school district and military families within the school district to facilitate the implementation and administration of the Compact.
Existing law creates a State Council for the Coordination of the Interstate Compact on Educational Opportunity for Military Children for the purpose of coordinating and furthering the provisions contained in the Compact. (NRS 388F.020) Additionally, existing law requires the Governor to appoint a Commissioner to administer and manage the participation of this State in the Compact. (NRS 388F.040) Section 5 of this bill requires the State Council to meet at least twice per year and at the call of the Commissioner.
The Compact requires education agencies in states who participate in the Compact to facilitate the opportunity for transitioning children of military families to be included in extracurricular activities to the extent the children are otherwise qualified, regardless of application deadlines. (Art. VI, NRS 388F.010) Existing law establishes the Nevada Interscholastic Activities Association, which governs, among other matters, the eligibility and participation of certain children in interscholastic activities and events. (NRS 385B.050, 385B.060, 385B.130) Under existing regulation, any pupil who transfers to another school is presumed ineligible to participate in any sanctioned sport at the school to which the pupil transfers for 180 school days. (NAC 385B.716) Sections 1 and 1.7 of this bill provide that a pupil who is a school-aged child enrolled in kindergarten or grades 1 through 12, inclusive, in the household of a person on active duty and transfers schools pursuant to the Compact is immediately eligible to participate and practice in any sanctioned sport or other interscholastic activity or event at the school to which the pupil transfers. Sections 2 and 3 of this bill make conforming changes.
κ2019 Statutes of Nevada, Page 271 (CHAPTER 56, AB 342)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 385B of NRS is hereby amended by adding thereto a new section to read as follows:
Child of a military family has the meaning ascribed to it in NRS 388F.010.
Sec. 1.5. NRS 385B.010 is hereby amended to read as follows:
385B.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 385B.020 to 385B.045, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 1.7. NRS 385B.130 is hereby amended to read as follows:
385B.130 1. Any rules and regulations adopted by the Nevada Interscholastic Activities Association governing the eligibility of a pupil who transfers from one school to another school to participate in an interscholastic activity or event must apply equally to public schools and to private schools that are members of the Association.
2. Notwithstanding any provision of law to the contrary, a pupil who is a child of a military family and transferred schools pursuant to the provisions of chapter 388F of NRS is immediately eligible to participate and practice in any sanctioned sport or other interscholastic activity or event at the school to which the pupil transfers.
Sec. 2. NRS 385B.160 is hereby amended to read as follows:
385B.160 No challenge may be brought by the Nevada Interscholastic Activities Association, a school district, a public school or a private school, a parent or guardian of a pupil enrolled in a public school or a private school, a pupil enrolled in a public school or private school, or any other entity or person claiming that an interscholastic activity or event is invalid because homeschooled children , [or] opt-in children or children of a military family who transferred schools pursuant to the provisions of chapter 388F of NRS are allowed to participate in the interscholastic activity or event.
Sec. 3. NRS 385B.170 is hereby amended to read as follows:
385B.170 A school district, public school or private school shall not prescribe any regulations, rules, policies, procedures or requirements governing the:
1. Eligibility of homeschooled children , [or] opt-in children or children of a military family who transferred schools pursuant to the provisions of chapter 388F of NRS to participate in interscholastic activities and events pursuant to this chapter; or
2. Participation of homeschooled children , [or] opt-in children or children of a military family who transferred schools pursuant to the provisions of chapter 388F of NRS in interscholastic activities and events pursuant to this chapter,
Κ that are more restrictive than the provisions governing eligibility and participation prescribed by the Nevada Interscholastic Activities Association pursuant to NRS 385B.060 [.] and 385B.130.
Sec. 4. Chapter 388F of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each school district shall designate an employee of the school district to serve as a liaison between the school district and military families within the school district to facilitate the implementation and administration of the Interstate Compact on Educational Opportunity for Military Children within the school district.
κ2019 Statutes of Nevada, Page 272 (CHAPTER 56, AB 342)κ
within the school district to facilitate the implementation and administration of the Interstate Compact on Educational Opportunity for Military Children within the school district. The liaison designated by the school district shall:
(a) Coordinate with the liaison appointed pursuant to NRS 388F.030 and other liaisons designated pursuant to this section regarding the provision of information about the Compact;
(b) Provide support to parents and guardians of children of military families in understanding the provisions of and protections provided by the Compact; and
(c) Take such other actions as necessary to facilitate the proper administration of the Compact within the school district.
2. Each school district shall ensure that the person designated to serve as a liaison pursuant to subsection 1 possesses knowledge of the Compact and has the necessary training, skills and experience to carry out the duties of the liaison.
Sec. 5. NRS 388F.020 is hereby amended to read as follows:
388F.020 1. In furtherance of the provisions contained in the Interstate Compact on Educational Opportunity for Military Children, there is hereby created a State Council for the Coordination of the Interstate Compact on Educational Opportunity for Military Children, consisting of the following members:
(a) One representative of the Nevada National Guard, appointed by the Governor.
(b) One representative of each military installation in this State, appointed by the commanding officer of that military installation.
(c) The Superintendent of Public Instruction.
(d) The superintendent of each school district in which a military installation is located.
(e) One Legislator or other person appointed by the Legislative Commission to represent the interests of the Legislature.
(f) One person appointed by the Governor to represent the interests of the Governor.
2. A member of the State Council serves a term of 2 years and until his or her successor is appointed. A member may be reappointed.
3. A member of the State Council may be removed from office by the appointing authority at any time.
4. A vacancy on the State Council must be filled in the same manner as the original appointment.
5. The members of the State Council serve without compensation and are not entitled to any per diem or travel expenses.
6. The State Council shall meet at least twice per year, with at least one meeting held before the beginning of each school semester, and may meet at other times upon the call of the Commissioner appointed pursuant to NRS 388F.040.
Sec. 6. This act becomes effective on July 1, 2019.
________
κ2019 Statutes of Nevada, Page 273κ
Assembly Bill No. 418Committee on Judiciary
CHAPTER 57
[Approved: May 15, 2019]
AN ACT relating to judgments; enacting provisions governing an offer of judgment; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Nevada Rules of Civil Procedure authorize a party to serve an offer of judgment upon another party prior to trial under certain circumstances. The Nevada Rules of Civil Procedure set forth the conditions of service of the offer, the manner of acceptance or rejection of the offer by a party and penalties a court may impose on a party for the rejection of such an offer. (N.R.C.P. 68) Section 1 of this bill codifies into statute Rule 68 of the Nevada Rules of Civil Procedure.
Section 1 authorizes a party, more than 21 days before trial, to serve an offer of judgment upon another party. Section 1 provides that such an offer is an offer that resolves all claims in the action under certain circumstances. Section 1 provides that if the offer is accepted within 14 days of its service: (1) either party may file notice of its acceptance and proof of service with the clerk of the court not earlier than 21 days after the partys acceptance of the offer; and (2) the clerk must enter the judgment accordingly. Section 1 provides that a judgment will not be entered by the clerk if the party required to pay the amount offered in the judgment pays the amount of the offer within 21 days after the offers acceptance. Section 1 requires a court to award costs to any party entitled to be paid pursuant to the terms of the accepted offer unless the terms of the offer preclude such an award. Section 1 provides that such an offer must be expressly designated as a compromise settlement.
Section 1 provides that if such an offer is not accepted within 14 days of its service, the offer is deemed rejected and withdrawn by the party who made the offer. Section 1 provides that if a party rejects an offer and fails to receive a more favorable judgment at trial, a court may impose certain penalties on the party that rejected the offer of judgment. Section 1 also provides the procedure for determining whether a party failed to receive a more favorable judgment at trial.
Section 1 authorizes multiple parties to make a joint offer of judgment. Section 1 also provides the circumstances in which penalties will be imposed concerning: (1) an offer of judgment made to multiple defendants; or (2) an offer of judgment made to multiple plaintiffs.
Section 1 authorizes a party to make an apportioned offer to two or more parties and such an offer may be conditioned upon acceptance by all parties to whom the offer was made. Section 1 authorizes each party to whom such an apportioned offer was made to accept the offer separately. Section 1 provides that if any party rejects the apportioned offer: (1) the action must proceed against all parties to whom such an offer was made; and (2) the court may impose penalties against a party that rejected an apportioned offer.
If a party is determined to be liable but the amount or extent of the partys liability has not been determined, section 1 provides that, not less than 14 days before the commencement of the action to determine the amount and extent of a partys liability, the liable party may serve an offer of judgment upon another party. Sections 2 and 3 of this bill make conforming changes.
κ2019 Statutes of Nevada, Page 274 (CHAPTER 57, AB 418)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 17 of NRS is hereby amended by adding thereto a new section to read as follows:
1. At any time more than 21 days before trial, any party may serve an offer in writing to allow judgment to be taken in accordance with the terms and conditions of the offer. Unless otherwise specified, an offer made under this section is an offer to resolve all claims in the action between the parties to the date of the offer, including costs, expenses, interest and, if attorneys fees are permitted by law or contract, attorneys fees.
2. An apportioned offer of judgment to more than one party may be conditioned upon the acceptance by all parties to whom the offer is directed.
3. A joint offer may be made by multiple offerors.
4. An offer made to multiple defendants will invoke the penalties of this section only if:
(a) There is a single common theory of liability against all the offeree defendants, such as where the liability of some is entirely derivative of the others or where the liability of all is derivative of common acts by another; and
(b) The same entity, person or group is authorized to decide whether to settle the claims against the offerees.
5. An offer made to multiple plaintiffs will invoke the penalties of this section only if:
(a) The damages claimed by all the offeree plaintiffs are solely derivative, such as where the damages claimed by some offerees are entirely derivative of an injury to the others or where the damages claimed by all offerees are derivative of an injury to another; and
(b) The same entity, person or group is authorized to decide whether to settle the claims of the offerees.
6. Within 14 days after service of the offer, the offeree may accept the offer by serving written notice that the offer is accepted.
7. Within 21 days after service of written notice that the offer is accepted, the obligated party may pay the amount of the offer and obtain dismissal of the claims, rather than entry of a judgment.
8. If the claims are not dismissed, at any time after 21 days after service of written notice that the offer is accepted, either party may file the offer and notice of acceptance together with proof of service. The clerk must then enter judgment accordingly. The court must allow costs in accordance with NRS 18.110 unless the terms of the offer preclude a separate award of costs. Any judgment entered under this subsection must be expressly designated a compromise settlement.
9. If the offer is not accepted within 14 days after service, the offer will be considered rejected by the offeree and deemed withdrawn by the offeror. Evidence of the offer is not admissible except in a proceeding to determine costs, expenses and fees. The fact that an offer is made but not accepted does not preclude a subsequent offer. With offers to multiple offerees, each offeree may serve a separate acceptance of the apportioned offer, but if the offer is not accepted by all offerees, the action will proceed as to all offerees.
κ2019 Statutes of Nevada, Page 275 (CHAPTER 57, AB 418)κ
offer is not accepted by all offerees, the action will proceed as to all offerees. Any offeree who fails to accept the offer may be subject to the penalties of this section.
10. If the offeree rejects an offer and fails to obtain a more favorable judgment:
(a) The offeree may not recover any costs, expenses or attorneys fees and may not recover interest for the period after the service of the offer and before the judgment; and
(b) The offeree must pay the offerors post-offer costs and expenses, including a reasonable sum to cover any expenses incurred by the offeror for each expert witness whose services were reasonably necessary to prepare for and conduct the trial of the case, applicable interest on the judgment from the time of the offer to the time of the entry of the judgment and reasonable attorneys fees, if any allowed, actually incurred by the offeror from the time of the offer. If the offerors attorney is collecting a contingent fee, the amount of any attorneys fees awarded to the party for whom the offer is made must be deducted from that contingency fee.
11. The penalties in this section run from the date of service of the earliest rejected offer for which the offeree failed to obtain a more favorable judgment.
12. To invoke the penalties of this section, the court must determine if the offeree failed to obtain a more favorable judgment. If the offer provided that costs, expenses, interests and, if attorneys fees are permitted by law or contract, attorneys fees would be added by the court, the court must compare the amount of the offer with the principal amount of the judgment, without inclusion of costs, expenses, interest and, if attorneys fees are permitted by law or contract, attorneys fees. If a party made an offer in a set amount that precluded a separate award of costs, expenses, interest and, if attorneys fees are permitted by law or contract, attorneys fees, the court must compare the amount of the offer, together with the offerees pre-offer taxable costs, expenses, interest and, if attorneys fees are permitted by law or contract, attorneys fees with the principal amount of the judgment.
13. When the liability of one party to another has been determined by verdict, order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which has the same effect as an offer made before trial if it is served within a reasonable time not less than 14 days before the commencement of hearings to determine the amount or extent of liability.
Sec. 2. NRS 40.650 is hereby amended to read as follows:
40.650 1. If a claimant unreasonably rejects a reasonable written offer of settlement made as part of a response pursuant to paragraph (b) of subsection 2 of NRS 40.6472 and thereafter commences an action governed by NRS 40.600 to 40.695, inclusive, the court in which the action is commenced may:
(a) Deny the claimants attorneys fees and costs; and
(b) Award attorneys fees and costs to the contractor.
Κ Any sums paid under a homeowners warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the contractor, must be deducted from any recovery.
2. If a contractor, subcontractor, supplier or design professional fails to:
(a) Comply with the provisions of NRS 40.6472;
(b) Make an offer of settlement;
κ2019 Statutes of Nevada, Page 276 (CHAPTER 57, AB 418)κ
(c) Make a good faith response to the claim asserting no liability;
(d) Agree to a mediator or accept the appointment of a mediator pursuant to NRS 40.680; or
(e) Participate in mediation,
Κ the limitations on damages and defenses to liability provided in NRS 40.600 to 40.695, inclusive, do not apply and the claimant may commence an action or amend a complaint to add a cause of action for a constructional defect without satisfying any other requirement of NRS 40.600 to 40.695, inclusive.
3. If a residence or appurtenance that is the subject of the claim is covered by a homeowners warranty that is purchased by or on behalf of a claimant pursuant to NRS 690B.100 to 690B.180, inclusive:
(a) A claimant may not send a notice pursuant to NRS 40.645 or pursue a claim pursuant to NRS 40.600 to 40.695, inclusive, unless the claimant has first submitted a claim under the homeowners warranty and the insurer has denied the claim.
(b) A claimant may include in a notice given pursuant to NRS 40.645 only claims for the constructional defects that were denied by the insurer.
(c) If coverage under a homeowners warranty is denied by an insurer in bad faith, the homeowner and the contractor, subcontractor, supplier or design professional have a right of action for the sums that would have been paid if coverage had been provided, plus reasonable attorneys fees and costs.
(d) Statutes of limitation or repose applicable to a claim based on a constructional defect governed by NRS 40.600 to 40.695, inclusive, are tolled from the time notice of the claim under the homeowners warranty is submitted to the insurer until 30 days after the insurer rejects the claim, in whole or in part, in writing.
4. Nothing in this section prohibits an offer of judgment pursuant to Rule 68 of the Nevada Rules of Civil Procedure , [or] NRS 40.652 [.] or section 1 of this act.
Sec. 3. NRS 92A.500 is hereby amended to read as follows:
92A.500 1. The court in a proceeding to determine fair value shall determine all of the costs of the proceeding, including the reasonable compensation and expenses of any appraisers appointed by the court. The court shall assess the costs against the subject corporation, except that the court may assess costs against all or some of the dissenters, in amounts the court finds equitable, to the extent the court finds the dissenters acted arbitrarily, vexatiously or not in good faith in demanding payment.
2. The court may also assess the fees and expenses of the counsel and experts for the respective parties, in amounts the court finds equitable:
(a) Against the subject corporation and in favor of all dissenters if the court finds the subject corporation did not substantially comply with the requirements of NRS 92A.300 to 92A.500, inclusive; or
(b) Against either the subject corporation or a dissenter in favor of any other party, if the court finds that the party against whom the fees and expenses are assessed acted arbitrarily, vexatiously or not in good faith with respect to the rights provided by NRS 92A.300 to 92A.500, inclusive.
3. If the court finds that the services of counsel for any dissenter were of substantial benefit to other dissenters similarly situated, and that the fees for those services should not be assessed against the subject corporation, the court may award to those counsel reasonable fees to be paid out of the amounts awarded to the dissenters who were benefited.
κ2019 Statutes of Nevada, Page 277 (CHAPTER 57, AB 418)κ
4. In a proceeding commenced pursuant to NRS 92A.460, the court may assess the costs against the subject corporation, except that the court may assess costs against all or some of the dissenters who are parties to the proceeding, in amounts the court finds equitable, to the extent the court finds that such parties did not act in good faith in instituting the proceeding.
5. To the extent the subject corporation fails to make a required payment pursuant to NRS 92A.460, 92A.470 or 92A.480, the dissenter may bring a cause of action directly for the amount owed and, to the extent the dissenter prevails, is entitled to recover all expenses of the suit.
6. This section does not preclude any party in a proceeding commenced pursuant to NRS 92A.460 or 92A.490 from applying the provisions of N.R.C.P. 68 [.] or section 1 of this act.
________
Assembly Bill No. 464Committee on Education
CHAPTER 58
[Approved: May 15, 2019]
AN ACT relating to the Nevada Interscholastic Activities Association; revising provisions governing the eligibility of a pupil to participate in a sanctioned sport after attending school in another country as a foreign exchange student; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the formation of the Nevada Interscholastic Activities Association, consisting of all the school districts in this State, for the purposes of controlling, supervising and regulating all interscholastic athletic events and other interscholastic events in the public schools in this State. (NRS 385B.050) Existing law further requires the rules and regulations adopted by the Association to provide for the membership of charter schools, private schools and parochial schools which may elect to join the Association. (NRS 385B.110) Existing regulations of the Association establish various requirements for determining the eligibility of a pupil to participate in a sanctioned sport, which is defined in existing law as any athletic competition approved by the Association. (NRS 385B.030, NAC 385B.700-385B.786)
Section 1 of this bill requires the Nevada Interscholastic Activities Association to hold harmless a pupil who attends school in another country as a foreign exchange student so that upon his or her return to the school which he or she attended before studying abroad, the pupil may participate in a sanctioned sport to the same extent that the pupil could have participated had he or she not attended a school in another county. Section 1 specifies that in holding the pupil harmless, the Association must not consider the period during which the pupil attended school in another country and must waive any eligibility requirements that may otherwise prevent the pupil from participating in a sanctioned sport solely based on the circumstances caused by attending school in another country as a foreign exchange student. Section 1 specifies, however, that such a pupil is not authorized to participate in a sanctioned sport if the pupil exceeds the age allowed for participating in a sanctioned sport which is determined by the Association by regulation. (NAC 385B.710)
κ2019 Statutes of Nevada, Page 278 (CHAPTER 58, AB 464)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 385B of NRS is hereby amended by adding thereto a new provision to read as follows:
1. Except as otherwise provided in this section, if a pupil who attended a school in another country as a foreign exchange student upon return enrolls in the same school attended before attending school in another country, the Nevada Interscholastic Activities Association shall hold the pupil harmless for purposes of determining eligibility to participate in a sanctioned sport so that the pupil may participate in a sanctioned sport to the same extent as though he or she had not attended school in another country, including, without limitation, not considering the period during which the pupil was attending school in the other country and waiving any eligibility requirements that may otherwise prevent the pupil from participating in a sanctioned sport solely because of the circumstances caused by attending school in another country as a foreign exchange student.
2. The provisions of this section do not apply to a pupil described in subsection 1 who exceeds the age allowed for participation in a sanctioned sport.
Sec. 2. Any administrative regulations adopted by the Nevada Interscholastic Activities Association which conflict with the provisions of this act are hereby declared to be unenforceable to the extent of the conflict and must be revised as soon as practicable.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 481Committee on Judiciary
CHAPTER 59
[Approved: May 15, 2019]
AN ACT relating to civil actions; increasing the amount of the homestead exemption; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that, with certain exceptions, in a civil action in which damages were awarded, the prevailing party in the action may obtain a writ of execution to enforce the judgment at any time before the judgment expires. (NRS 21.010) Existing law exempts certain property from such a writ of execution, up to a specified monetary value. (NRS 21.090) In addition, existing law protects from a forced sale up to $550,000 in equity in certain property which is designated as a homestead by a person, except in certain circumstances. (NRS 115.005, 115.010)
Sections 2, 4 and 5 of this bill increase the amount of equity protected in a homestead property from $550,000 to $605,000. Sections 1 and 3 of this bill revise the contents of a notice of a writ of execution and a notice of a writ of attachment to reflect the changes in the homestead exemption in this bill.
κ2019 Statutes of Nevada, Page 279 (CHAPTER 59, AB 481)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 21.075 is hereby amended to read as follows:
21.075 1. Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.
2. The notice required pursuant to subsection 1 must be substantially in the following form:
NOTICE OF EXECUTION
YOUR PROPERTY IS BEING ATTACHED OR
YOUR WAGES ARE BEING GARNISHED
A court has determined that you owe money to .................... (name of person), the judgment creditor. The judgment creditor has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.
Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:
1. Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits.
2. Payments for benefits or the return of contributions under the Public Employees Retirement System.
3. Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.
4. Proceeds from a policy of life insurance.
5. Payments of benefits under a program of industrial insurance.
6. Payments received as disability, illness or unemployment benefits.
7. Payments received as unemployment compensation.
8. Veterans benefits.
9. A homestead in a dwelling or a mobile home, not to exceed [$550,000,] $605,000, unless:
(a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.
(b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.
κ2019 Statutes of Nevada, Page 280 (CHAPTER 59, AB 481)κ
they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.
10. All money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or landlords successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
11. A vehicle, if your equity in the vehicle is less than $15,000.
12. Eighty-two percent of the take-home pay for any workweek if your gross weekly salary or wage was $770 or less on the date the most recent writ of garnishment was issued, or seventy-five percent of the take-home pay for any workweek if your gross weekly salary or wage exceeded $770 on the date the most recent writ of garnishment was issued, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.
13. Money, not to exceed $1,000,000 in present value, held in:
(a) An individual retirement arrangement which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A, including, without limitation, an inherited individual retirement arrangement;
(b) A written simplified employee pension plan which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408, including, without limitation, an inherited simplified employee pension plan;
(c) A cash or deferred arrangement plan which is qualified and maintained pursuant to the Internal Revenue Code, including, without limitation, an inherited cash or deferred arrangement plan;
(d) A trust forming part of a stock bonus, pension or profit-sharing plan that is qualified and maintained pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
14. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
15. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
16. Regardless of whether a trust contains a spendthrift provision:
(a) A present or future interest in the income or principal of a trust that is a contingent interest, if the contingency has not been satisfied or removed;
κ2019 Statutes of Nevada, Page 281 (CHAPTER 59, AB 481)κ
(b) A present or future interest in the income or principal of a trust for which discretionary power is held by a trustee to determine whether to make a distribution from the trust, if the interest has not been distributed from the trust;
(c) The power to direct dispositions of property in the trust, other than such a power held by a trustee to distribute property to a beneficiary of the trust;
(d) Certain powers held by a trust protector or certain other persons; and
(e) Any power held by the person who created the trust.
17. If a trust contains a spendthrift provision:
(a) A present or future interest in the income or principal of a trust that is a mandatory interest in which the trustee does not have discretion concerning whether to make the distribution from the trust, if the interest has not been distributed from the trust; and
(b) A present or future interest in the income or principal of a trust that is a support interest in which the standard for distribution may be interpreted by the trustee or a court, if the interest has not been distributed from the trust.
18. A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
19. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
20. Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
21. Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
22. Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
23. Payments received as restitution for a criminal act.
24. Personal property, not to exceed $10,000 in total value, if the property is not otherwise exempt from execution.
25. A tax refund received from the earned income credit provided by federal law or a similar state law.
26. Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.
Κ These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanics lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to indigent or elderly persons).
κ2019 Statutes of Nevada, Page 282 (CHAPTER 59, AB 481)κ
persons). If you do not wish to consult an attorney or receive legal services from an organization that provides assistance to persons who qualify, you may obtain the form to be used to claim an exemption from the clerk of the court.
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court an executed claim of exemption. A copy of the claim of exemption must be served upon the sheriff, the garnishee and the judgment creditor within 10 days after the notice of execution or garnishment is served on you by mail pursuant to NRS 21.076 which identifies the specific property that is being levied on. The property must be released by the garnishee or the sheriff within 9 judicial days after you serve the claim of exemption upon the sheriff, garnishee and judgment creditor, unless the sheriff or garnishee receives a copy of an objection to the claim of exemption and a notice for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The objection to the claim of exemption and notice for the hearing to determine the issue of exemption must be filed within 8 judicial days after the claim of exemption is served on the judgment creditor by mail or in person and served on the judgment debtor, the sheriff and any garnishee not less than 5 judicial days before the date set for the hearing. The hearing to determine whether the property or money is exempt must be held within 7 judicial days after the objection to the claim of exemption and notice for the hearing is filed. You may be able to have your property released more quickly if you mail to the judgment creditor or the attorney of the judgment creditor written proof that the property is exempt. Such proof may include, without limitation, a letter from the government, an annual statement from a pension fund, receipts for payment, copies of checks, records from financial institutions or any other document which demonstrates that the money in your account is exempt.
IF YOU DO NOT FILE THE EXECUTED CLAIM OF EXEMPTION WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.
Sec. 2. NRS 21.090 is hereby amended to read as follows:
21.090 1. The following property is exempt from execution, except as otherwise specifically provided in this section or required by federal law:
(a) Private libraries, works of art, musical instruments and jewelry not to exceed $5,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor, and all family pictures and keepsakes.
(b) Necessary household goods, furnishings, electronics, wearing apparel, other personal effects and yard equipment, not to exceed $12,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor.
κ2019 Statutes of Nevada, Page 283 (CHAPTER 59, AB 481)κ
(c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by the judgment debtor.
(d) Professional libraries, equipment, supplies, and the tools, inventory, instruments and materials used to carry on the trade or business of the judgment debtor for the support of the judgment debtor and his or her family not to exceed $10,000 in value.
(e) The cabin or dwelling of a miner or prospector, the miners or prospectors cars, implements and appliances necessary for carrying on any mining operations and the mining claim actually worked by the miner or prospector, not exceeding $4,500 in total value.
(f) Except as otherwise provided in paragraph (p), one vehicle if the judgment debtors equity does not exceed $15,000 or the creditor is paid an amount equal to any excess above that equity.
(g) For any workweek, 82 percent of the disposable earnings of a judgment debtor during that week if the gross weekly salary or wage of the judgment debtor on the date the most recent writ of garnishment was issued was $770 or less, 75 percent of the disposable earnings of a judgment debtor during that week if the gross weekly salary or wage of the judgment debtor on the date the most recent writ of garnishment was issued exceeded $770, or 50 times the minimum hourly wage prescribed by section 206(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs (o), (s) and (t), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph:
(1) Disposable earnings means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law to be withheld.
(2) Earnings means compensation paid or payable for personal services performed by a judgment debtor in the regular course of business, including, without limitation, compensation designated as income, wages, tips, a salary, a commission or a bonus. The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor.
(h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this State.
(i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.
(j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this State, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
κ2019 Statutes of Nevada, Page 284 (CHAPTER 59, AB 481)κ
military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.
(k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance.
(l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.
(m) The dwelling of the judgment debtor occupied as a home for himself or herself and family, where the amount of equity held by the judgment debtor in the home does not exceed [$550,000] $605,000 in value and the dwelling is situated upon lands not owned by the judgment debtor.
(n) All money reasonably deposited with a landlord by the judgment debtor to secure an agreement to rent or lease a dwelling that is used by the judgment debtor as his or her primary residence, except that such money is not exempt with respect to a landlord or the landlords successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
(o) All property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that states income tax on benefits received from a pension or other retirement plan.
(p) Any vehicle owned by the judgment debtor for use by the judgment debtor or the judgment debtors dependent that is equipped or modified to provide mobility for a person with a permanent disability.
(q) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.
(r) Money, not to exceed $1,000,000 in present value, held in:
(1) An individual retirement arrangement which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A, including, without limitation, an inherited individual retirement arrangement;
(2) A written simplified employee pension plan which conforms with or is maintained pursuant to the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408, including, without limitation, an inherited simplified employee pension plan;
(3) A cash or deferred arrangement plan which is qualified and maintained pursuant to the Internal Revenue Code, including, without limitation, an inherited cash or deferred arrangement plan;
(4) A trust forming part of a stock bonus, pension or profit-sharing plan which is qualified and maintained pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(5) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
(s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
(t) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
κ2019 Statutes of Nevada, Page 285 (CHAPTER 59, AB 481)κ
including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
(u) Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
(v) Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
(w) Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
(x) Payments received as restitution for a criminal act.
(y) Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits.
(z) Any personal property not otherwise exempt from execution pursuant to this subsection belonging to the judgment debtor, including, without limitation, the judgment debtors equity in any property, money, stocks, bonds or other funds on deposit with a financial institution, not to exceed $10,000 in total value, to be selected by the judgment debtor.
(aa) Any tax refund received by the judgment debtor that is derived from the earned income credit described in section 32 of the Internal Revenue Code, 26 U.S.C. § 32, or a similar credit provided pursuant to a state law.
(bb) Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.
(cc) Regardless of whether a trust contains a spendthrift provision:
(1) A distribution interest in the trust as defined in NRS 163.4155 that is a contingent interest, if the contingency has not been satisfied or removed;
(2) A distribution interest in the trust as defined in NRS 163.4155 that is a discretionary interest as described in NRS 163.4185, if the interest has not been distributed;
(3) A power of appointment in the trust as defined in NRS 163.4157 regardless of whether the power has been exercised;
(4) A power listed in NRS 163.5553 that is held by a trust protector as defined in NRS 163.5547 or any other person regardless of whether the power has been exercised; and
(5) A reserved power in the trust as defined in NRS 163.4165 regardless of whether the power has been exercised.
(dd) If a trust contains a spendthrift provision:
(1) A distribution interest in the trust as defined in NRS 163.4155 that is a mandatory interest as described in NRS 163.4185, if the interest has not been distributed; and
(2) Notwithstanding a beneficiarys right to enforce a support interest, a distribution interest in the trust as defined in NRS 163.4155 that is a support interest as described in NRS 163.4185, if the interest has not been distributed.
(ee) Proceeds received from a private disability insurance plan.
(ff) Money in a trust fund for funeral or burial services pursuant to NRS 689.700.
κ2019 Statutes of Nevada, Page 286 (CHAPTER 59, AB 481)κ
(gg) Compensation that was payable or paid pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS as provided in NRS 616C.205.
(hh) Unemployment compensation benefits received pursuant to NRS 612.710.
(ii) Benefits or refunds payable or paid from the Public Employees Retirement System pursuant to NRS 286.670.
(jj) Money paid or rights existing for vocational rehabilitation pursuant to NRS 615.270.
(kk) Public assistance provided through the Department of Health and Human Services pursuant to NRS 422.291 and 422A.325.
(ll) Child welfare assistance provided pursuant to NRS 432.036.
2. Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.
3. Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Reform Act of 1978, 11 U.S.C. §§ 101 et seq., do not apply to property owned by a resident of this State unless conferred also by subsection 1, as limited by subsection 2.
Sec. 3. NRS 31.045 is hereby amended to read as follows:
31.045 1. Execution on the writ of attachment by attaching property of the defendant may occur only if:
(a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or
(b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.
Κ If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.
2. The notice required pursuant to subsection 1 must be substantially in the following form:
NOTICE OF EXECUTION
YOUR PROPERTY IS BEING ATTACHED OR
YOUR WAGES ARE BEING GARNISHED
Plaintiff, .................... (name of person), alleges that you owe the plaintiff money. The plaintiff has begun the procedure to collect that money. To secure satisfaction of judgment, the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.
Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:
1. Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors benefits, supplemental security income benefits and disability insurance benefits.
κ2019 Statutes of Nevada, Page 287 (CHAPTER 59, AB 481)κ
2. Payments for benefits or the return of contributions under the Public Employees Retirement System.
3. Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.
4. Proceeds from a policy of life insurance.
5. Payments of benefits under a program of industrial insurance.
6. Payments received as disability, illness or unemployment benefits.
7. Payments received as unemployment compensation.
8. Veterans benefits.
9. A homestead in a dwelling or a mobile home, not to exceed [$550,000,] $605,000, unless:
(a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.
(b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.
10. All money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or the landlords successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.
11. A vehicle, if your equity in the vehicle is less than $15,000.
12. Eighty-two percent of the take-home pay for any workweek if your gross weekly salary or wage on the date the most recent writ of garnishment was issued was $770 or less, or seventy-five percent of the take-home pay for any workweek if your gross weekly salary or wage on the date the most recent writ of garnishment was issued exceeded $770, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.
13. Money, not to exceed $500,000 in present value, held in:
(a) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;
(b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;
(c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;
(d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and
(e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
κ2019 Statutes of Nevada, Page 288 (CHAPTER 59, AB 481)κ
judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.
14. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.
15. All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.
16. Regardless of whether a trust contains a spendthrift provision:
(a) A present or future interest in the income or principal of a trust that is a contingent interest, if the interest has not been satisfied or removed;
(b) A present or future interest in the income or principal of a trust for which discretionary power is held by a trustee to determine whether to make a distribution from the trust, if the interest has not been distributed from the trust;
(c) The power to direct dispositions of property in the trust, other than such a power held by a trustee to distribute property to a beneficiary of the trust;
(d) Certain powers held by a trust protector or certain other persons; and
(e) Any power held by the person who created the trust.
17. If a trust contains a spendthrift provision:
(a) A present or future interest in the income or principal of a trust that is a mandatory interest in which the trustee does not have discretion concerning whether to make the distribution from the trust, if the interest has not been distributed from the trust; and
(b) A present or future interest in the income or principal of a trust that is a support interest in which the standard for distribution may be interpreted by the trustee or a court, if the interest has not been distributed from the trust.
18. A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.
19. A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.
20. Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.
21. Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
22. Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
κ2019 Statutes of Nevada, Page 289 (CHAPTER 59, AB 481)κ
the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.
23. Payments received as restitution for a criminal act.
24. Personal property, not to exceed $1,000 in total value, if the property is not otherwise exempt from execution.
25. A tax refund received from the earned income credit provided by federal law or a similar state law.
26. Stock of a corporation described in subsection 2 of NRS 78.746 except as set forth in that section.
Κ These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanics lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons). If you do not wish to consult an attorney or receive legal services from an organization that provides assistance to persons who qualify, you may obtain the form to be used to claim an exemption from the clerk of the court.
PROCEDURE FOR CLAIMING EXEMPT PROPERTY
If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk an executed claim of exemption. A copy of the claim of exemption must be served upon the sheriff, the garnishee and the judgment creditor within 10 days after the notice of execution or garnishment is served on you by mail pursuant to NRS 21.076 which identifies the specific property that is being levied on. The property must be released by the garnishee or the sheriff within 9 judicial days after you serve the claim of exemption upon the sheriff, garnishee and judgment creditor, unless the sheriff or garnishee receives a copy of an objection to the claim of exemption and a notice for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The objection to the claim of exemption and notice for the hearing to determine the issue of exemption must be filed within 8 judicial days after the claim of exemption is served on the judgment creditor by mail or in person and served on the judgment debtor, the sheriff and any garnishee not less than 5 judicial days before the date set for the hearing. The hearing must be held within 7 judicial days after the objection to the claim of exemption and notice for a hearing is filed. You may be able to have your property released more quickly if you mail to the judgment creditor or the attorney of the judgment creditor written proof that the property is exempt. Such proof may include, without limitation, a letter from the government, an annual statement from a pension fund, receipts for payment, copies of checks, records from financial institutions or any other document which demonstrates that the money in your account is exempt.
κ2019 Statutes of Nevada, Page 290 (CHAPTER 59, AB 481)κ
IF YOU DO NOT FILE THE EXECUTED CLAIM OF EXEMPTION WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.
If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.
IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.
Sec. 4. NRS 115.010 is hereby amended to read as follows:
115.010 1. The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5, and NRS 115.090 and except as otherwise required by federal law.
2. The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed [$550,000] $605,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.
3. Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanics lien lawfully obtained, or for legal taxes, or for:
(a) Any mortgage or deed of trust thereon executed and given, including, without limitation, any second or subsequent mortgage, mortgage obtained through refinancing, line of credit taken against the property and a home equity loan; or
(b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,
Κ by both spouses, when that relation exists.
4. If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanics lien lawfully obtained, and for legal taxes levied by a state or local government, and for:
(a) Any mortgage or deed of trust thereon; and
(b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,
κ2019 Statutes of Nevada, Page 291 (CHAPTER 59, AB 481)κ
Κ unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.
5. Establishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.121, inclusive, 179.1211 to 179.1235, inclusive, or 207.350 to 207.520, inclusive.
6. Any declaration of homestead which has been filed before July 1, 2007, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, 2007.
Sec. 5. NRS 115.050 is hereby amended to read as follows:
115.050 1. Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment makes an oath before the judge of the district court of the county in which the property is situated that the amount of equity held by the claimant in the property exceeds, to the best of the creditors information and belief, the sum of [$550,000,] $605,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the amount of equity held by the claimant in the property and, if the amount of equity exceeds the sum of [$550,000,] $605,000, determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury.
2. If it appears, upon the report, to the satisfaction of the judge that the property can be thus divided, the judge shall order the excess to be sold under execution. If it appears that the property cannot be thus divided, and the amount of equity held by the claimant in the property exceeds the exemption allowed by this chapter, the judge shall order the entire property to be sold, and out of the proceeds the sum of [$550,000] $605,000 to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution. No bid under [$550,000] $605,000 may be received by the officer making the sale.
3. When the execution is against a spouse, the judge may direct the [$550,000] $605,000 to be deposited in court, to be paid out only upon the joint receipt of both spouses, and the deposit possesses all the protection against legal process and voluntary disposition by either spouse as did the original homestead.
________
κ2019 Statutes of Nevada, Page 292κ
Assembly Bill No. 377Assemblyman Watts
CHAPTER 60
[Approved: May 15, 2019]
AN ACT relating to vehicles; authorizing an exemption to certain weight and length limits on certain vehicles operating in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides exceptions to the weight limits imposed on vehicles using the highways of this State for vehicles such as snowplows and fire apparatus. (NRS 484D.600) Section 1 of this bill adds exemptions for certain heavy-duty tow trucks and certain other heavy emergency vehicles.
Existing law also provides some exceptions to the length limits imposed on vehicles using the highways of this State. (NRS 484D.615) Section 2 of this bill adds an exemption for a towaway trailer transporter combination, which consists of a vehicle towing empty trailers, provided that the combination does not exceed 82 feet in length or 26,000 pounds in weight.
Existing law provides the same formula for calculating the maximum weight of vehicles that can be operated or moved upon any public highway in this State as is provided in federal law regarding the apportionment to each state of federal highway funds, which results, in most cases, in a maximum weight of 80,000 pounds. (23 U.S.C. § 127(a)(2); NRS 484D.635) Federal law also provides an exception for a vehicle that is operated by an engine fueled primarily by natural gas, which is authorized to exceed the 80,000 pound limit by up to 2,000 pounds, the exact amount allowed being equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system and the weight of a comparable diesel tank and fueling system. An exception of up to 550 pounds is also provided in federal law for a vehicle equipped with certain technology that reduces long-duration idling. (23 U.S.C. § 127(s)) Section 3 of this bill authorizes, to the extent authorized by federal law, a vehicle that is: (1) powered by an engine fueled primarily by natural gas or by one or more electric motors to exceed the existing weight limit by not more than 2,000 pounds; and (2) equipped with idle reduction technology to exceed the existing weight limit by not more than 550 pounds.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484D.600 is hereby amended to read as follows:
484D.600 1. Except as otherwise provided in this section, a person shall not drive, move, stop or park any vehicle or combination of vehicles, and an owner shall not cause or knowingly permit any vehicle or combination of vehicles to be driven, moved, stopped or parked, on any highway if the vehicle or combination of vehicles exceeds in size or weight or gross loaded weight the maximum limitation specified by law for that size, weight and gross loaded weight unless the person or owner is authorized to drive, move, stop or park the vehicle or combination of vehicles by a special permit issued by the proper public authority.
2. If the Department of Transportation or a local law enforcement agency determines that an emergency exists, the Department or the local law enforcement agency may authorize a person to drive, move, stop or park a vehicle or combination of vehicles without obtaining a special permit pursuant to subsection 1.
κ2019 Statutes of Nevada, Page 293 (CHAPTER 60, AB 377)κ
vehicle or combination of vehicles without obtaining a special permit pursuant to subsection 1. Such an authorization may be given orally and may, if requested by a local law enforcement agency or a public safety agency, include driving or moving the vehicle or combination of vehicles to and from the site of the emergency. If a person receives such an authorization, the person shall, on the next business day after receiving the authorization, obtain a special permit pursuant to subsection 1.
3. This section does not apply to:
(a) Fire apparatus, highway machinery , [or] snowplows or other emergency vehicles temporarily moved upon a highway.
(b) An implement of husbandry temporarily moved upon a highway other than an interstate highway or a controlled-access highway.
(c) A covered heavy-duty tow and recovery vehicle moved upon a highway to remove a disabled heavy vehicle from the highway or the shoulder of the highway to the nearest appropriate repair facility or other safe location where the load may be divided.
4. As used in this section:
(a) Covered heavy-duty tow and recovery vehicle has the meaning ascribed to it in 23 U.S.C. § 127.
(b) Emergency vehicle has the meaning ascribed to it in 23 U.S.C. § 127.
Sec. 2. NRS 484D.615 is hereby amended to read as follows:
484D.615 1. Except as otherwise provided in subsection 2, the length of a bus may not exceed 45 feet and the length of a motortruck may not exceed 40 feet.
2. A passenger bus which has three or more axles and two sections joined together by an articulated joint with a trailer which is equipped with a mechanically steered rear axle may not exceed a length of 65 feet.
3. Except as otherwise provided in subsections 4, 7 and 9, no combination of vehicles, including any attachments thereto coupled together, may exceed a length of 70 feet.
4. The Department of Transportation, by regulation, shall provide for the operation of combinations of vehicles in excess of 70 feet in length. The regulations must establish standards for the operation of such vehicles which must be consistent with their safe operation upon the public highways and with the provisions of 23 C.F.R. § 658.23. Such standards must include:
(a) Types and number of vehicles to be permitted in combination;
(b) Horsepower of a motortruck;
(c) Operating speeds;
(d) Braking ability; and
(e) Driver qualifications.
Κ The operation of such vehicles is not permitted on highways where, in the opinion of the Department of Transportation, their use would be inconsistent with the public safety because of a narrow roadway, excessive grades, extreme curvature or vehicular congestion.
5. Combinations of vehicles operated under the provisions of subsection 4 may, after obtaining a special permit issued at the discretion of, and in accordance with procedures established by, the Department of Transportation, carry loads not to exceed the values set forth in the following formula: W=500 [LN/(N-1) + 12N + 36], wherein:
(a) W equals the maximum load in pounds carried on any group of two or more consecutive axles computed to the nearest 500 pounds;
κ2019 Statutes of Nevada, Page 294 (CHAPTER 60, AB 377)κ
(b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and
(c) N equals the number of axles in the group under consideration.
Κ The distance between axles must be measured to the nearest foot. If a fraction is exactly one-half foot, the next largest whole number must be used. The permits may be restricted in such manner as the Department of Transportation considers necessary and may, at the option of the Department, be cancelled without notice. No such permits may be issued for operation on any highway where that operation would prevent this State from receiving federal money for highway purposes.
6. Upon approving an application for a permit to operate combinations of vehicles pursuant to subsection 5, the Department of Transportation shall withhold issuance of the permit until the applicant has furnished proof of compliance with the provisions of NRS 706.531.
7. The load upon any motor vehicle operated alone, or the load upon any combination of vehicles, must not extend beyond the front or the rear of the vehicle or combination of vehicles for a distance of more than 10 feet, or a total of 10 feet both to the front or the rear, and a combination of vehicles and load thereon may not exceed a total of 75 feet without having secured a permit pursuant to subsection 4 or NRS 484D.600. The provisions of this subsection do not apply to the booms or masts of shovels, cranes or water well drilling and servicing equipment carried upon a vehicle if:
(a) The booms or masts do not extend by a distance greater than two-thirds of the wheelbase beyond the front tires of the vehicle.
(b) The projecting structure or attachments thereto are securely held in place to prevent dropping or swaying.
(c) No part of the structure which extends beyond the front tires is less than 7 feet from the roadway.
(d) The drivers vision is not impaired by the projecting or supporting structure.
8. Lights and other warning devices which are required to be mounted on a vehicle pursuant to this chapter must not be included in determining the length of a vehicle or combination of vehicles and the load thereon.
9. This section does not apply to:
(a) Vehicles used by a public utility for the transportation of poles;
(b) A combination of vehicles consisting of a truck-tractor drawing a semitrailer that does not exceed 53 feet in length;
(c) A combination of vehicles consisting of a truck-tractor drawing a semitrailer and a trailer, neither of which exceeds 28 1/2 feet in length; [or]
(d) A driveaway saddle mount with full mount vehicle transporter combination that does not exceed 97 feet in length [.] ; or
(e) A towaway trailer transporter combination that does not exceed:
(1) Eighty-two feet in length; and
(2) Twenty-six thousand pounds in weight.
10. As used in this section:
(a) Driveaway saddle mount with full mount vehicle transporter combination means a vehicle combination designed and specifically used to tow up to three trucks or truck-tractors, each connected by a saddle to the frame or fifth wheel of the forward vehicle of the truck-tractor in front of it.
(b) Motortruck has the meaning ascribed to it in NRS 482.073.
(c) Towaway trailer transporter combination has the meaning ascribed to it in 49 U.S.C. § 31111.
κ2019 Statutes of Nevada, Page 295 (CHAPTER 60, AB 377)κ
Sec. 3. NRS 484D.635 is hereby amended to read as follows:
484D.635 1. Except as otherwise provided in this section and NRS 484D.600, 484D.625, 484D.640, 484D.645 and 484D.660, a vehicle may be operated or moved upon any public highway if:
(a) The maximum weight on any single axle does not exceed 20,000 pounds.
(b) The maximum weight on any tandem axle does not exceed 34,000 pounds.
(c) The maximum weight per tire, measured by pounds per inch of tire width, does not exceed 600 pounds per inch for a steering axle and 500 pounds per inch for all other axles.
(d) Except for a steering axle and axles that weigh less than 10,000 pounds, each axle has at least four tires if the tire width of each tire on the axle is less than or equal to 14 inches. If the maximum weight per tire does not exceed 500 pounds per inch of tire width, an axle may be equipped with tires that have a width of more than 14 inches.
(e) Except as otherwise provided in subsection 2, the maximum overall gross weight on any group of two or more consecutive axles does not exceed the values set forth in the following formula: W=500 [LN/(N-1) + 12N + 36] wherein:
(1) W equals the maximum load in pounds carried on any group of two or more consecutive axles computed to the nearest 500 pounds;
(2) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and
(3) N equals the number of axles in the group under consideration.
2. Two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the distance between the first and last axles of the consecutive sets of axles is 36 feet or more.
3. To the extent authorized by federal law, a vehicle:
(a) Powered primarily by one or more electric motors or by an engine fueled primarily by natural gas may exceed the limits of this section by not more than 2,000 pounds.
(b) Equipped with idle reduction technology, including, without limitation, an auxiliary power unit, may exceed the limits of this section by not more than 550 pounds.
4. As used in this section [, tire] :
(a) Auxiliary power unit has the meaning ascribed to it in 42 U.S.C. § 16104.
(b) Idle reduction technology has the meaning ascribed to it in 49 U.S.C. § 16104.
(c) Tire width means the width set by the manufacturer of the tire and inscribed on the sidewall of the tire.
________
κ2019 Statutes of Nevada, Page 296κ
Assembly Bill No. 170 Assemblymen Spiegel, Frierson, Carlton, Assefa; Backus, Bilbray-Axelrod, Fumo, Martinez, Munk, Nguyen, Peters, Smith and Watts
Joint Sponsors: Senators Ratti, Cannizzaro, Cancela, Spearman, Kieckhefer; Hammond, Hardy, Scheible, Seevers Gansert, Washington and Woodhouse
CHAPTER 61
[Approved: May 15, 2019]
AN ACT relating to insurance; requiring an insurer to provide certain information relating to accessing health care services to the Office of Consumer Health Assistance; requiring the Governors Consumer Health Advocate to submit a report of such information to the Legislature; requiring an insurer to offer a health benefit plan regardless of health status; requiring the Advocate to take certain actions to assist consumers in accessing health care services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) establishes the Office for Consumer Health Assistance within the Department of Health and Human Services; and (2) requires the Director of the Department to appoint the Governors Consumer Health Advocate to head the Office. (NRS 232.458) Existing law requires the Advocate to perform certain duties to assist consumers of health care services in obtaining health care services and enforcing their rights under health care plans. (NRS 232.459) Section 4.5 of this bill requires a health carrier which offers or issues a network plan to provide to the Office the contact information for a navigator, case manager or facilitator employed by the health carrier to assist covered persons in accessing health care services. Section 30.5 of this bill requires the Advocate to assist consumers with accessing a navigator, case manager or facilitator to help the consumer obtain health care services. Section 30.5 also requires the Advocate to assist consumers with: (1) scheduling an appointment with an in-network provider of health care; and (2) filing complaints against health carriers.
Section 4.5 requires a health carrier which offers or issues a network plan to report to the Office certain information relating to access to health care services and resolution of cases by navigators, case managers or facilitators. Section 30.5 of this bill requires the Advocate to compile and submit to the Legislature a report aggregating the information submitted by health carriers. Sections 6.3-6.9 of this bill make conforming changes.
Existing law prohibits an insurer from denying, limiting or excluding a benefit provided by a health care plan in certain limited circumstances, including when a person has contracted for a blanket policy of accident or health insurance or in certain cases relating to adoption. (NRS 689B.0265, 689B.500, 689C.190, 695A.159, 695B.193, 695C.173, 695F.480) The federal Patient Protection and Affordable Care Act (Pub. L. No. 111-148, as amended) prohibits an insurer from establishing rules that limit eligibility for a health care plan based on certain health status factors, including, without limitation, preexisting conditions, claims history or genetic information of the insured and also prohibits an insurer from charging a higher premium, deductible or copay based on those health status factors. (42 U.S.C. § 300gg-4) Sections 7, 12, 15, 19, 20, 24, 25, 29, 30, 31 and 32 of this bill: (1) align Nevada law with federal law and require all insurers to offer a health benefit plan regardless of the health status of a person; and (2) prohibit an insurer from denying, limiting or excluding a covered benefit or requiring an insured to pay a higher premium, deductible, coinsurance or copay based on the health status of the insured or the covered spouse or dependent of the insured.
κ2019 Statutes of Nevada, Page 297 (CHAPTER 61, AB 170)κ
copay based on the health status of the insured or the covered spouse or dependent of the insured. Sections 9, 10, 12, 13, 16-18, 21, 23, 26, 27 and 35 of this bill remove partially duplicative provisions from existing law.
Federal regulations authorize a group health benefit plan to include a wellness program that offers discounts based on health status under certain conditions. (45 C.F.R. §146.121) Sections 12, 15, 20, 24, 29 and 30 of this bill authorize group health plans issued in this State to include such wellness programs under the same conditions as prescribed in federal regulations.
Existing law authorizes certain retired public officers and employees or the surviving spouse of such a retired officer or employee who is deceased to reinstate health insurance provided by the employer. If such an insurance plan is considered a grandfathered plan under the Patient Protection and Affordable Care Act, existing law authorizes such reinstatement to exclude claims for expenses for certain preexisting conditions. (NRS 287.0205) The Patient Protection and Affordable Care Act prohibits a grandfathered group plan from imposing such an exclusion. (42 U.S.C. §§ 300gg-3, 18011(a)(4)(B)) Section 33 of this bill removes authorization for certain government insurance plans to exclude claims for preexisting conditions for reinstated coverage in conformance with federal law and sections 12 and 31 of this bill. Section 31.5 of this bill authorizes such an insurance plan for only retired officers and employees to exclude claims for preexisting conditions under the same conditions as previously authorized for grandfathered plans. Sections 11, 14, 22 and 35 of this bill remove other provisions of existing law that reference exclusions based on a preexisting condition. Sections 8 and 28 of this bill make other conforming changes.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 687B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.5, inclusive, of this act.
Secs. 2-4. (Deleted by amendment.)
Sec. 4.5. 1. A health carrier which offers or issues a network plan shall:
(a) Provide to the Office for Consumer Health Assistance at least annually the telephone number and electronic mail address of a navigator, case manager or facilitator employed by the health carrier and update that information when the information changes.
(b) On or before December 31 of each year, submit to the Office for Consumer Health Assistance, for the immediately preceding 12 months, for each type of provider of health care in the applicable network:
(1) The number of times covered persons reported difficulty accessing health care services;
(2) The number of times covered persons used a navigator, case manager or facilitator to assist in accessing health care services;
(3) The number of cases described in subparagraph (2) that were resolved by navigators, case managers or facilitators; and
(4) The average period between when a covered person reports difficulty accessing health care services to the resolution of the case by a navigator, case manager or facilitator.
2. As used in this section:
(a) Navigator, case manager or facilitator means an employee of a health carrier whose duties include assisting covered persons in accessing health care services.
κ2019 Statutes of Nevada, Page 298 (CHAPTER 61, AB 170)κ
(b) Office for Consumer Health Assistance means the Office for Consumer Health Assistance established by NRS 232.458.
Sections 5 and 6. (Deleted by amendment.)
Sec. 6.3. NRS 687B.600 is hereby amended to read as follows:
687B.600 As used in NRS 687B.600 to 687B.850, inclusive, and section 4.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 687B.605 to 687B.665, inclusive, have the meanings ascribed to them in those sections.
Sec. 6.6. NRS 687B.670 is hereby amended to read as follows:
687B.670 If a health carrier offers or issues a network plan, the health carrier shall, with regard to that network plan:
1. Comply with all applicable requirements set forth in NRS 687B.600 to 687B.850, inclusive [;] , and section 4.5 of this act;
2. As applicable, ensure that each contract entered into for the purposes of the network plan between a participating provider of health care and the health carrier complies with the requirements set forth in NRS 687B.600 to 687B.850, inclusive [;] , and section 4.5 of this act; and
3. As applicable, ensure that the network plan complies with the requirements set forth in NRS 687B.600 to 687B.850, inclusive [.] , and section 4.5 of this act.
Sec. 6.9. NRS 687B.830 is hereby amended to read as follows:
687B.830 1. A contract entered into for the purposes of a network plan between a participating provider of health care and the health carrier must not contain a provision that conflicts with any provision in the network plan or any requirement set forth in NRS 687B.600 to 687B.850, inclusive [.] , and section 4.5 of this act.
2. At the time a participating provider of health care signs a contract described in subsection 1, the health carrier and, if applicable, the intermediary shall notify the participating provider of health care of all provisions of the contract and all documents incorporated by reference in the contract.
3. While a contract described in subsection 1 is in force, the health carrier shall provide timely notice to the participating provider of health care of any changes to the provisions of the contract or the documents incorporated by reference in the contract that would result in a material change in the contract.
4. For the purposes of subsection 3, the contract must define what is to be considered timely notice and what is to be considered a material change.
Sec. 7. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer shall offer and issue a health benefit plan to any person regardless of the health status of the person or any dependent of the person. Such health status includes, without limitation:
(a) Any preexisting medical condition of the person, including, without limitation, any physical or mental illness;
(b) The claims history of the person, including, without limitation, any prior health care services received by the person;
(c) Genetic information relating to the person; and
(d) Any increased risk for illness, injury or any other medical condition of the person, including, without limitation, any medical condition caused by an act of domestic violence.
2. An insurer that offers or issues a health benefit plan shall not:
(a) Deny, limit or exclude a covered benefit based on the health status of an insured; or
κ2019 Statutes of Nevada, Page 299 (CHAPTER 61, AB 170)κ
(b) Require an insured, as a condition of enrollment or renewal, to pay a premium, deductible, copay or coinsurance based on his or her health status which is greater than the premium, deductible, copay or coinsurance charged to a similarly situated insured who does not have such a health status.
3. An insurer that offers or issues a health benefit plan shall not adjust a premium, deductible, copay or coinsurance for any insured on the basis of genetic information relating to the insured or the covered dependent of the insured.
4. As used in this section, health benefit plan has the meaning ascribed to it in NRS 687B.470.
Sec. 8. NRS 689A.330 is hereby amended to read as follows:
689A.330 If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 7 of this act.
Sec. 9. NRS 689A.417 is hereby amended to read as follows:
689A.417 1. Except as otherwise provided in subsection 2, an insurer who provides health insurance shall not:
(a) Require an insured person or any member of the family of the insured person to take a genetic test;
(b) Require an insured person to disclose whether the insured person or any member of the family of the insured person has taken a genetic test or any genetic information of the insured person or a member of the family of the insured person; or
(c) Determine the rates or any other aspect of the coverage or benefits for health care provided to an insured person based on [:
(1) Whether] whether the insured person or any member of the family of the insured person has taken a genetic test . [; or
(2) Any genetic information of the insured person or any member of the family of the insured person.]
2. The provisions of this section do not apply to an insurer who issues a policy of health insurance that provides coverage for long-term care or disability income.
3. As used in this section:
(a) Genetic information means any information that is obtained from a genetic test.
(b) Genetic test means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that:
(1) Are linked to physical or mental disorders or impairments; or
(2) Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental.
Sec. 10. NRS 689B.069 is hereby amended to read as follows:
689B.069 1. Except as otherwise provided in subsection 2, an insurer who provides group health insurance shall not:
(a) Require an insured person or any member of the family of the insured person to take a genetic test;
κ2019 Statutes of Nevada, Page 300 (CHAPTER 61, AB 170)κ
(b) Require an insured person to disclose whether the insured person or any member of the family of the insured person has taken a genetic test or any genetic information of the insured person or a member of the family of the insured person; or
(c) Determine the rates or any other aspect of the coverage or benefits for health care provided to an insured person based on [:
(1) Whether] whether the insured person or any member of the family of the insured person has taken a genetic test . [; or
(2) Any genetic information of the insured person or any member of the family of the insured person.]
2. The provisions of this section do not apply to an insurer who issues a policy of group health insurance that provides coverage for long-term care or disability income.
3. As used in this section:
(a) Genetic information means any information that is obtained from a genetic test.
(b) Genetic test means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that:
(1) Are linked to physical or mental disorders or impairments; or
(2) Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental.
Sec. 11. NRS 689B.275 is hereby amended to read as follows:
689B.275 1. An insurer shall provide to each policyholder, or producer of insurance acting on behalf of a policyholder, on a form approved by the Commissioner, a summary of the coverage provided by each policy of group or blanket health insurance offered by the insurer. The summary must disclose any:
(a) Significant exception, reduction or limitation that applies to the policy;
(b) Restriction on payment for care in an emergency, including related definitions of emergency and medical necessity;
(c) Right of the insurer to change the rate of premium and the factors, other than claims experienced, which affect changes in rate;
(d) Provisions relating to renewability; and
(e) [Provisions relating to preexisting conditions; and
(f)] Other information that the Commissioner finds necessary for full and fair disclosure of the provisions of the policy.
2. The language of the disclosure must be easily understood. The disclosure must state that it is only a summary of the policy and that the policy should be read to ascertain the governing contractual provisions.
3. The Commissioner shall not approve a proposed disclosure that does not satisfy the requirements of this section and of applicable regulations.
4. In addition to the disclosure, the insurer shall provide information about guaranteed availability of basic and standard plans for benefits to an eligible person.
5. The insurer shall provide the summary before the policy is issued.
Sec. 12. NRS 689B.500 is hereby amended to read as follows:
689B.500 [A carrier that issues a group health plan or coverage under blanket accident and health insurance or group health insurance shall not deny, exclude or limit a benefit for a preexisting condition.]
κ2019 Statutes of Nevada, Page 301 (CHAPTER 61, AB 170)κ
1. A carrier shall offer and issue a health benefit plan to any group regardless of the health status of the group, any member of the group or any dependent of a member of the group. Such health status includes, without limitation:
(a) Any preexisting medical condition of a person, including, without limitation, any physical or mental illness;
(b) The claims history of an insured, including, without limitation, any prior health care services received by the insured;
(c) Genetic information relating to the insured; and
(d) Any increased risk for illness, injury or any other medical condition of the insured, including, without limitation, any medical condition caused by an act of domestic violence.
2. A carrier that offers or issues a health benefit plan shall not:
(a) Deny, limit or exclude a covered benefit based on the health status of an insured; or
(b) Require an insured, as a condition of enrollment or renewal, to pay a premium, deductible, copay or coinsurance based on his or her health status which is greater than the premium, deductible, copay or coinsurance charged to a similarly situated insured who does not have such a health status.
3. A carrier that offers or issues a health benefit plan shall not adjust a premium, deductible, copay or coinsurance for any insured on the basis of genetic information relating to the insured or the covered dependent of the insured.
4. A carrier that offers or issues a health benefit plan may include in the plan a wellness program that reduces a premium, deductible or copayment based on health status if:
(a) An insured who is eligible to participate in the wellness program is given the opportunity to qualify for the discount at least once each year;
(b) The amount of all discounts provided pursuant to such a wellness program does not exceed 30 percent, or if the program is designed to prevent or reduce tobacco use, 50 percent, of the cost of coverage for an insured or an insured and his or her dependents, as applicable, under the plan;
(c) The wellness program is reasonably designed to promote health or prevent disease;
(d) The carrier ensures that the full discount under the wellness program is available to all similarly situated insureds by providing a reasonable alternative standard by which an insured may qualify for the discount which, if based on health status, must accommodate the recommendations of the physician of the insured; and
(e) The plan discloses in all plan materials describing the terms of the wellness program, and in any disclosure that an insured did not satisfy the initial standard to be eligible for the discount, the availability of a reasonable alternative standard described in paragraph (d).
5. As used in this section, health benefit plan has the meaning ascribed to it in NRS 687B.470.
Sec. 13. NRS 689B.550 is hereby amended to read as follows:
689B.550 1. A carrier shall not place any restriction on a person or a dependent of the person as a condition of being a participant in or a beneficiary of a policy of blanket accident and health insurance or group health insurance that is inconsistent with the provisions of this chapter.
κ2019 Statutes of Nevada, Page 302 (CHAPTER 61, AB 170)κ
2. A carrier that offers coverage under a policy of blanket accident and health insurance or group health insurance pursuant to this chapter shall not establish rules of eligibility [,] which conflict with the provisions of NRS 689B.500, including rules which define applicable waiting periods, for the initial or continued enrollment under a group health plan offered by the carrier that are based on the following factors relating to the employee or a dependent of the employee:
(a) Health status.
(b) Medical condition, including physical and mental illnesses, or both.
(c) Claims experience.
(d) Receipt of health care.
(e) Medical history.
(f) Genetic information.
(g) Evidence of insurability, including conditions which arise out of acts of domestic violence.
(h) Disability.
3. Except as otherwise provided in NRS 689B.500, the provisions of subsection 1 do not:
(a) Require a carrier to provide particular benefits other than those that would otherwise be provided under the terms of the blanket health and accident insurance or group health insurance or coverage; or
(b) Prevent a carrier from establishing limitations or restrictions on the amount, level, extent or nature of the benefits or coverage for similarly situated persons.
4. [As a condition of enrollment or continued enrollment under a policy of blanket accident and health insurance or group health insurance, a carrier shall not require an employee to pay a premium or contribution that is greater than the premium or contribution for a similarly situated person covered by similar coverage on the basis of any factor described in subsection 2 in relation to the employee or a dependent of the employee.
5.] This section does not:
(a) Restrict the amount that an employer or employee may be charged for coverage by a carrier;
(b) Prevent a carrier from establishing premium discounts or rebates or from modifying otherwise applicable copayments or deductibles in return for adherence by the insured person to programs of health promotion and disease prevention; or
(c) Preclude a carrier from establishing rules relating to employer contribution or group participation when offering health insurance coverage to small employers in this state.
Sec. 14. NRS 689C.159 is hereby amended to read as follows:
689C.159 The provisions of NRS 689C.156 [and 689C.190] do not apply to health benefit plans offered by a carrier if the carrier makes the health benefit plan available in the small employer market only through a bona fide association.
Sec. 15. NRS 689C.190 is hereby amended to read as follows:
689C.190 1. A carrier [serving small employers] that issues a health benefit plan shall [not deny, exclude or limit a benefit for a preexisting condition.] offer and issue a health benefit plan to any small employer regardless of the health status of the employees of the small employer. Such health status includes, without limitation:
κ2019 Statutes of Nevada, Page 303 (CHAPTER 61, AB 170)κ
(a) Any preexisting medical condition of an insured, including, without limitation, any physical or mental illness;
(b) The claims history of the insured, including, without limitation, any prior health care services received by the insured;
(c) Genetic information relating to the insured; and
(d) Any increased risk for illness, injury or any other medical condition of the insured, including, without limitation, any medical condition caused by an act of domestic violence.
2. A carrier that offers or issues a health benefit plan shall not:
(a) Deny, limit or exclude a covered benefit based on the health status of an insured; or
(b) Require an insured, as a condition of enrollment or renewal, to pay a premium, deductible, copay or coinsurance based on his or her health status which is greater than the premium, deductible, copay or coinsurance charged to a similarly situated insured who does not have such a health status.
3. A carrier that offers or issues a health benefit plan shall not adjust a premium, deductible, copay or coinsurance for any insured on the basis of genetic information relating to the insured or the covered dependent of the insured.
4. A carrier that offers or issues a health benefit plan may include in the plan a wellness program that reduces a premium, deductible or copayment based on health status if:
(a) An insured who is eligible to participate in the wellness program is given the opportunity to qualify for the discount at least once each year;
(b) The amount of all discounts provided pursuant to such a wellness program does not exceed 30 percent, or if the program is designed to prevent or reduce tobacco use, 50 percent, of the cost of coverage for an insured or an insured and his or her dependents, as applicable, under the plan;
(c) The wellness program is reasonably designed to promote health or prevent disease;
(d) The carrier ensures that the full discount under the wellness program is available to all similarly situated insureds by providing a reasonable alternative standard by which an insured may qualify for the discount which, if based on health status, must accommodate the recommendations of the physician of the insured; and
(e) The plan discloses in all plan materials describing the terms of the wellness program, and in any disclosure that an insured did not satisfy the initial standard to be eligible for the discount, the availability of a reasonable alternative standard described in paragraph (d).
Sec. 16. NRS 689C.193 is hereby amended to read as follows:
689C.193 1. A carrier shall not place any restriction on a small employer or an eligible employee or a dependent of the eligible employee as a condition of being a participant in or a beneficiary of a health benefit plan that is inconsistent with NRS 689C.015 to 689C.355, inclusive.
2. A carrier that offers health insurance coverage to small employers pursuant to this chapter shall not establish rules of eligibility [,] which conflict with the provisions of NRS 689B.550, including, but not limited to, rules which define applicable waiting periods, for the initial or continued enrollment under a health benefit plan offered by the carrier that are based on the following factors relating to the eligible employee or a dependent of the eligible employee:
κ2019 Statutes of Nevada, Page 304 (CHAPTER 61, AB 170)κ
(a) Health status.
(b) Medical condition, including physical and mental illnesses, or both.
(c) Claims experience.
(d) Receipt of health care.
(e) Medical history.
(f) Genetic information.
(g) Evidence of insurability, including conditions which arise out of acts of domestic violence.
(h) Disability.
3. Except as otherwise provided in NRS 689C.190, the provisions of subsection 1 do not require a carrier to provide particular benefits other than those that would otherwise be provided under the terms of the health benefit plan or coverage.
4. [As a condition of enrollment or continued enrollment under a health benefit plan, a carrier shall not require any person to pay a premium or contribution that is greater than the premium or contribution for a similarly situated person covered by similar coverage on the basis of any factor described in subsection 2 in relation to the person or a dependent of the person.
5.] Nothing in this section:
(a) Restricts the amount that a small employer may be charged for coverage by a carrier;
(b) Prevents a carrier from establishing premium discounts or rebates or from modifying otherwise applicable copayments or deductibles in return for adherence by the insured person to programs of health promotion and disease prevention; or
(c) Precludes a carrier from establishing rules relating to employer contribution or group participation when offering health insurance coverage to small employers in this State.
[6.] 5. As used in this section:
(a) Contribution means the minimum employer contribution toward the premium for enrollment of participants and beneficiaries in a health benefit plan.
(b) Group participation means the minimum number of participants or beneficiaries that must be enrolled in a health benefit plan in relation to a specified percentage or number of eligible persons or employees of the employer.
Sec. 17. NRS 689C.198 is hereby amended to read as follows:
689C.198 1. Except as otherwise provided in subsection 2, a carrier serving small employers shall not:
(a) Require an insured person or any member of the family of the insured person to take a genetic test;
(b) Require an insured person to disclose whether the insured person or any member of the family of the insured person has taken a genetic test or any genetic information of the insured person or a member of the family of the insured person; or
(c) Determine the rates or any other aspect of the coverage or benefits for health care provided to an insured person based on [:
(1) Whether] whether the insured person or any member of the family of the insured person has taken a genetic test . [; or
(2) Any genetic information of the insured person or any member of the family of the insured person.]
κ2019 Statutes of Nevada, Page 305 (CHAPTER 61, AB 170)κ
2. The provisions of this section do not apply to a carrier serving small employers who issues a policy of health insurance that provides coverage for long-term care or disability income.
3. As used in this section:
(a) Genetic information means any information that is obtained from a genetic test.
(b) Genetic test means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that:
(1) Are linked to physical or mental disorders or impairments; or
(2) Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental.
Sec. 18. NRS 689C.220 is hereby amended to read as follows:
689C.220 A carrier serving small employers shall not charge adjustments in rates for [claim experience, health status and] duration of coverage or any reason prohibited by NRS 689C.190 to individual employees or dependents. Any such adjustment must be applied uniformly to the rates charged for all employees and dependents of a small employer.
Sec. 19. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A society shall offer and issue a health benefit plan to any person regardless of the health status of the person or any dependent of the person. Such health status includes, without limitation:
(a) Any preexisting medical condition of the person, including, without limitation, any physical or mental illness;
(b) The claims history of the person, including, without limitation, any prior health care services received by the person;
(c) Genetic information relating to the person; and
(d) Any increased risk for illness, injury or any other medical condition of the person, including, without limitation, any medical condition caused by an act of domestic violence.
2. A society that offers or issues a health benefit plan shall not:
(a) Deny, limit or exclude a covered benefit based on the health status of an insured; or
(b) Require an insured, as a condition of enrollment or renewal, to pay a premium, deductible, copay or coinsurance based on his or her health status which is greater than the premium, deductible, copay or coinsurance charged to a similarly situated insured who does not have such a health status.
3. A society that offers or issues a health benefit plan shall not adjust a premium, deductible, copay or coinsurance for any insured on the basis of genetic information relating to the insured or the covered dependent of the insured.
4. As used in this section, health benefit plan has the meaning ascribed to it in NRS 687B.470.
Sec. 20. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An insurer shall offer and issue a health benefit plan to any person regardless of the health status of the person or any dependent of the person. Such health status includes, without limitation:
κ2019 Statutes of Nevada, Page 306 (CHAPTER 61, AB 170)κ
(a) Any preexisting medical condition of the person, including, without limitation, any physical or mental illness;
(b) The claims history of the person, including, without limitation, any prior health care services received by the person;
(c) Genetic information relating to the person; and
(d) Any increased risk for illness, injury or any other medical condition of the person, including, without limitation, any medical condition caused by an act of domestic violence.
2. An insurer that offers or issues a health benefit plan shall not:
(a) Deny, limit or exclude a covered benefit based on the health status of an insured; or
(b) Require an insured, as a condition of enrollment or renewal, to pay a premium, deductible, copay or coinsurance based on his or her health status which is greater than the premium, deductible, copay or coinsurance charged to a similarly situated insured who does not have such a health status.
3. An insurer that offers or issues a health benefit plan shall not adjust a premium, deductible, copay or coinsurance for any insured on the basis of genetic information relating to the insured or the covered dependent of the insured.
4. An insurer that offers or issues a health benefit plan may include in the plan a wellness program that reduces a premium, deductible or copayment based on health status if:
(a) An insured who is eligible to participate in the wellness program is given the opportunity to qualify for the discount at least once each year;
(b) The amount of all discounts provided pursuant to such a wellness program does not exceed 30 percent, or if the program is designed to prevent or reduce tobacco use, 50 percent, of the cost of coverage for an insured or an insured and his or her dependents, as applicable, under the plan;
(c) The wellness program is reasonably designed to promote health or prevent disease;
(d) The insurer ensures that the full discount under the wellness program is available to all similarly situated insureds by providing a reasonable alternative standard by which an insured may qualify for the discount which, if based on health status, must accommodate the recommendations of the physician of the insured; and
(e) The plan discloses in all plan materials describing the terms of the wellness program, and in any disclosure that an insured did not satisfy the initial standard to be eligible for the discount, the availability of a reasonable alternative standard described in paragraph (d).
5. As used in this section, health benefit plan has the meaning ascribed to it in NRS 687B.470.
Sec. 21. NRS 695B.193 is hereby amended to read as follows:
695B.193 1. All individual and group service or indemnity-type contracts issued by a nonprofit corporation which provide coverage for a family member of the subscriber must as to such coverage provide that the health benefits applicable for children are payable with respect to:
(a) A newly born child of the subscriber from the moment of birth;
(b) An adopted child from the date the adoption becomes effective, if the child was not placed in the home before adoption; and
(c) A child placed with the subscriber for the purpose of adoption from the moment of placement as certified by the public or private agency making the placement.
κ2019 Statutes of Nevada, Page 307 (CHAPTER 61, AB 170)κ
placement. The coverage of such a child ceases if the adoption proceedings are terminated as certified by the public or private agency making the placement.
Κ The contracts must provide the coverage specified in subsection 3, and must not exclude premature births.
2. The contract may require that notification of:
(a) The birth of a newly born child;
(b) The effective date of adoption of a child; or
(c) The date of placement of a child for adoption,
Κ and payments of the required fees, if any, must be furnished to the nonprofit service corporation within 31 days after the date of birth, adoption or placement for adoption in order to have the coverage continue beyond the 31-day period.
3. The coverage for newly born and adopted children and children placed for adoption consists of coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities and, within the limits of the policy, necessary transportation costs from place of birth to the nearest specialized treatment center under major medical policies, and with respect to basic policies to the extent such costs are charged by the treatment center.
4. [A corporation shall not restrict the coverage of a dependent child adopted or placed for adoption solely because of a preexisting condition the child has at the time the child would otherwise become eligible for coverage pursuant to that contract. Any provision relating to an exclusion for a preexisting condition must comply with NRS 689C.190.
5.] For covered services provided to the child, the corporation shall reimburse noncontracted providers of health care to an amount equal to the average amount of payment for which the organization has agreements, contracts or arrangements for those covered services.
Sec. 22. NRS 695B.2555 is hereby amended to read as follows:
695B.2555 A converted contract [must not exclude a preexisting condition not excluded by the group contract, but a converted contract] may provide that any hospital, surgical or medical benefits payable under it may be reduced by the amount of any benefits payable under the group contract after his or her termination. A converted contract may provide that during the first contract year the benefits payable under it, together with the benefits payable under the group contract, must not exceed those that would have been payable if the subscribers coverage under the group contract had remained in effect.
Sec. 23. NRS 695B.317 is hereby amended to read as follows:
695B.317 1. Except as otherwise provided in subsection 2, a corporation that provides health insurance shall not:
(a) Require an insured person or any member of the family of the insured person to take a genetic test;
(b) Require an insured person to disclose whether the insured person or any member of the family of the insured person has taken a genetic test or any genetic information of the insured person or a member of the family of the insured person; or
(c) Determine the rates or any other aspect of the coverage or benefits for health care provided to an insured person based on [:
(1) Whether] whether the insured person or any member of the family of the insured person has taken a genetic test . [; or
κ2019 Statutes of Nevada, Page 308 (CHAPTER 61, AB 170)κ
(2) Any genetic information of the insured person or any member of the family of the insured person.]
2. The provisions of this section do not apply to a corporation that issues a policy of health insurance that provides coverage for long-term care or disability income.
3. As used in this section:
(a) Genetic information means any information that is obtained from a genetic test.
(b) Genetic test means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that:
(1) Are linked to physical or mental disorders or impairments; or
(2) Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental.
Sec. 24. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A health maintenance organization shall offer and issue a health benefit plan to any person regardless of the health status of the person or any dependent of the person. Such health status includes, without limitation:
(a) Any preexisting medical condition of the person, including, without limitation, any physical or mental illness;
(b) The claims history of the person, including, without limitation, any prior health care services received by the person;
(c) Genetic information relating to the person; and
(d) Any increased risk for illness, injury or any other medical condition of the person, including, without limitation, any medical condition caused by an act of domestic violence.
2. A health maintenance organization that offers or issues a health benefit plan shall not:
(a) Deny, limit or exclude a covered benefit based on the health status of an enrollee; or
(b) Require an enrollee, as a condition of enrollment or renewal, to pay a premium, deductible, copay or coinsurance based on his or her health status which is greater than the premium, deductible, copay or coinsurance charged to a similarly situated enrollee who does not have such a health status.
3. A health maintenance organization that offers or issues a health benefit plan shall not adjust a premium, deductible, copay or coinsurance for any enrollee on the basis of genetic information relating to the enrollee or the covered dependent of the enrollee.
4. A health maintenance organization that offers or issues a health benefit plan may include in the plan a wellness program that reduces a premium, deductible or copayment based on health status if:
(a) An enrollee who is eligible to participate in the wellness program is given the opportunity to qualify for the discount at least once each year;
(b) The amount of all discounts provided pursuant to such a wellness program does not exceed 30 percent, or if the program is designed to prevent or reduce tobacco use, 50 percent, of the cost of coverage for an enrollee or an enrollee and his or her dependents, as applicable, under the plan;
(c) The wellness program is reasonably designed to promote health or prevent disease;
κ2019 Statutes of Nevada, Page 309 (CHAPTER 61, AB 170)κ
(d) The health maintenance organization ensures that the full discount under the wellness program is available to all similarly situated enrollees by providing a reasonable alternative standard by which an enrollee may qualify for the discount which, if based on health status, must accommodate the recommendations of the physician of the enrollee; and
(e) The plan discloses in all plan materials describing the terms of the wellness program, and in any disclosure that an enrollee did not satisfy the initial standard to be eligible for the discount, the availability of a reasonable alternative standard described in paragraph (d).
5. As used in this section, health benefit plan has the meaning ascribed to it in NRS 687B.470.
Sec. 25. NRS 695C.050 is hereby amended to read as follows:
695C.050 1. Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.
2. Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.
3. Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.
4. The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.176 to 695C.200, inclusive, and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.
5. The provisions of NRS 695C.1694 to 695C.1698, inclusive, 695C.1708, 695C.1731, 695C.17345, 695C.1735, 695C.1745 and 695C.1757 and section 24 of this act apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.
Sec. 26. NRS 695C.173 is hereby amended to read as follows:
695C.173 1. All individual and group health care plans which provide coverage for a family member of the enrollee must as to such coverage provide that the health care services applicable for children are payable with respect to:
(a) A newly born child of the enrollee from the moment of birth;
(b) An adopted child from the date the adoption becomes effective, if the child was not placed in the home before adoption; and
(c) A child placed with the enrollee for the purpose of adoption from the moment of placement as certified by the public or private agency making the placement.
κ2019 Statutes of Nevada, Page 310 (CHAPTER 61, AB 170)κ
placement. The coverage of such a child ceases if the adoption proceedings are terminated as certified by the public or private agency making the placement.
Κ The plans must provide the coverage specified in subsection 3, and must not exclude premature births.
2. The evidence of coverage may require that notification of:
(a) The birth of a newly born child;
(b) The effective date of adoption of a child; or
(c) The date of placement of a child for adoption,
Κ and payments of the required charge, if any, must be furnished to the health maintenance organization within 31 days after the date of birth, adoption or placement for adoption in order to have the coverage continue beyond the 31-day period.
3. The coverage for newly born and adopted children and children placed for adoption consists of preventive health care services as well as coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities and, within the limits of the policy, necessary transportation costs from place of birth to the nearest specialized treatment center under major medical policies, and with respect to basic policies to the extent such costs are charged by the treatment center.
4. [A health maintenance organization shall not restrict the coverage of a dependent child adopted or placed for adoption solely because of a preexisting condition the child has at the time the child would otherwise become eligible for coverage pursuant to that plan. Any provision relating to an exclusion for a preexisting condition must comply with NRS 689B.500 or 689C.190, as appropriate.
5.] For covered services provided to the child, the health maintenance organization shall reimburse noncontracted providers of health care to an amount equal to the average amount of payment for which the organization has agreements, contracts or arrangements for those covered services.
Sec. 27. NRS 695C.207 is hereby amended to read as follows:
695C.207 1. A health maintenance organization shall not:
(a) Require an enrollee or any member of the family of the enrollee to take a genetic test;
(b) Require an enrollee to disclose whether the enrollee or any member of the family of the enrollee has taken a genetic test or the genetic information of the enrollee or a member of the family of the enrollee; or
(c) Determine the rates or any other aspect of the coverage or benefits for health care provided to an enrollee based on [:
(1) Whether] whether the enrollee or any member of the family of the enrollee has taken a genetic test . [; or
(2) Any genetic information of the enrollee or any member of the family of the enrollee.]
2. As used in this section:
(a) Genetic information means any information that is obtained from a genetic test.
(b) Genetic test means a test, including a laboratory test which uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that:
(1) Are linked to physical or mental disorders or impairments; or
(2) Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental.
κ2019 Statutes of Nevada, Page 311 (CHAPTER 61, AB 170)κ
Sec. 28. NRS 695C.330 is hereby amended to read as follows:
695C.330 1. The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;
(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 24 of this act, or 695C.207;
(c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;
(d) The Commissioner certifies that the health maintenance organization:
(1) Does not meet the requirements of subsection 1 of NRS 695C.080; or
(2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;
(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;
(g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:
(1) Resolving complaints in a manner reasonably to dispose of valid complaints; and
(2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;
(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(i) The continued operation of the health maintenance organization would be hazardous to its enrollees or creditors or to the general public;
(j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or
(k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.
2. A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.
3. If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.
4. If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization.
κ2019 Statutes of Nevada, Page 312 (CHAPTER 61, AB 170)κ
date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.
Sec. 29. Chapter 695F of NRS is hereby amended by adding thereto a new section to read as follows:
1. A prepaid limited health service organization shall offer and issue a health benefit plan to any person regardless of the health status of the person or any dependent of the person. Such health status includes, without limitation:
(a) Any preexisting medical condition of the person, including, without limitation, any physical or mental illness;
(b) The claims history of the person, including, without limitation, any prior health care services received by the person;
(c) Genetic information relating to the person; and
(d) Any increased risk for illness, injury or any other medical condition of the person, including, without limitation, any medical condition caused by an act of domestic violence.
2. A prepaid limited health service organization that offers or issues a health benefit plan shall not:
(a) Deny, limit or exclude a covered benefit based on the health status of an enrollee; or
(b) Require an enrollee, as a condition of enrollment or renewal, to pay a premium, deductible, copay or coinsurance based on his or her health status which is greater than the premium, deductible, copay or coinsurance charged to a similarly situated enrollee who does not have such a health status.
3. A prepaid limited health service organization that offers or issues a health benefit plan shall not adjust a premium, deductible, copay or coinsurance for any enrollee on the basis of genetic information relating to the enrollee or the covered dependent of the enrollee.
4. A prepaid limited health service organization that offers or issues a health benefit plan may include in the plan a wellness program that reduces a premium, deductible or copayment based on health status if:
(a) An enrollee who is eligible to participate in the wellness program is given the opportunity to qualify for the discount at least once each year;
(b) The amount of all discounts provided pursuant to such a wellness program does not exceed 30 percent, or if the program is designed to prevent or reduce tobacco use, 50 percent, of the cost of coverage for an enrollee or an enrollee and his or her dependents, as applicable, under the plan;
(c) The wellness program is reasonably designed to promote health or prevent disease;
(d) The prepaid limited health service organization ensures that the full discount under the wellness program is available to all similarly situated enrollees by providing a reasonable alternative standard by which an enrollee may qualify for the discount which, if based on health status, must accommodate the recommendations of the physician of the enrollee; and
(e) The plan discloses in all plan materials describing the terms of the wellness program, and in any disclosure that an enrollee did not satisfy the initial standard to be eligible for the discount, the availability of a reasonable alternative standard described in paragraph (d).
κ2019 Statutes of Nevada, Page 313 (CHAPTER 61, AB 170)κ
initial standard to be eligible for the discount, the availability of a reasonable alternative standard described in paragraph (d).
5. As used in this section, health benefit plan has the meaning ascribed to it in NRS 687B.470.
Sec. 30. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:
1. A managed care organization shall offer and issue a health benefit plan to any person regardless of the health status of the person or any dependent of the person. Such health status includes, without limitation:
(a) Any preexisting medical condition of the person, including, without limitation, any physical or mental illness;
(b) The claims history of the person, including, without limitation, any prior health care services received by the person;
(c) Genetic information relating to the person; and
(d) Any increased risk for illness, injury or any other medical condition of the person, including, without limitation, any medical condition caused by an act of domestic violence.
2. A managed care organization that offers or issues a health benefit plan shall not:
(a) Deny, limit or exclude a covered benefit based on the health status of an insured; or
(b) Require an insured, as a condition of enrollment or renewal, to pay a premium, deductible, copay or coinsurance based on his or her health status which is greater than the premium, deductible, copay or coinsurance charged to a similarly situated insured who does not have such a health status.
3. A managed care organization that offers or issues a health benefit plan shall not adjust a premium, deductible, copay or coinsurance for any insured on the basis of genetic information relating to the insured or the covered dependent of the insured.
4. A managed care organization that offers or issues a health benefit plan may include in the plan a wellness program that reduces a premium, deductible or copayment based on health status if:
(a) An insured who is eligible to participate in the wellness program is given the opportunity to qualify for the discount at least once each year;
(b) The amount of all discounts provided pursuant to such a wellness program does not exceed 30 percent, or if the program is designed to prevent or reduce tobacco use, 50 percent, of the cost of coverage for an insured or an insured and his or her dependents, as applicable, under the plan;
(c) The wellness program is reasonably designed to promote health or prevent disease;
(d) The managed care organization ensures that the full discount under the wellness program is available to all similarly situated insureds by providing a reasonable alternative standard by which an insured may qualify for the discount which, if based on health status, must accommodate the recommendations of the physician of the insured; and
(e) The plan discloses in all plan materials describing the terms of the wellness program, and in any disclosure that an insured did not satisfy the initial standard to be eligible for the discount, the availability of a reasonable alternative standard described in paragraph (d).
5. As used in this section, health benefit plan has the meaning ascribed to it in NRS 687B.470.
κ2019 Statutes of Nevada, Page 314 (CHAPTER 61, AB 170)κ
Sec. 30.5. NRS 232.459 is hereby amended to read as follows:
232.459 1. The Advocate shall:
(a) Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers compensation;
(b) Assist consumers and injured employees in understanding their rights and responsibilities under health care plans, including, without limitation, the Public Employees Benefits Program, and policies of industrial insurance;
(c) Identify and investigate complaints of consumers and injured employees regarding their health care plans, including, without limitation, the Public Employees Benefits Program, and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:
(1) 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
(2) Providing counseling and assistance to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees Benefits Program, and policies of industrial insurance;
(d) Provide information to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees Benefits Program, and policies of industrial insurance in this State;
(e) Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the Office for Consumer Health Assistance;
(f) Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the Advocate pursuant to this section;
(g) In appropriate cases and pursuant to the direction of the Advocate, refer a complaint or the results of an investigation to the Attorney General for further action;
(h) Provide information to and applications for prescription drug programs for consumers without insurance coverage for prescription drugs or pharmaceutical services;
(i) Establish and maintain an Internet website which includes:
(1) Information concerning purchasing prescription drugs from Canadian pharmacies that have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328;
(2) Links to websites of Canadian pharmacies which have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328; and
(3) A link to the website established and maintained pursuant to NRS 439A.270 which provides information to the general public concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State; [and]
(j) Assist consumers with accessing a navigator, case manager or facilitator to help the consumer obtain health care services;
(k) Assist consumers with scheduling an appointment with a provider of health care who is in the network of providers under contract to provide services to participants in the health care plan under which the consumer is covered;
κ2019 Statutes of Nevada, Page 315 (CHAPTER 61, AB 170)κ
(l) Assist consumers with filing complaints against health care facilities and health care professionals [. As used in this paragraph, health care facility has the meaning ascribed to it in NRS 162A.740.] ;
(m) Assist consumers with filing complaints with the Commissioner of Insurance against issuers of health care plans; and
(n) On or before January 31 of each year, compile a report of aggregated information submitted to the Office for Consumer Health Assistance pursuant to section 4.5 of this act, aggregated for each type of provider of health care for which such information is provided and submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
(1) In even-numbered years, the Legislative Committee on Health Care; and
(2) In odd-numbered years, the next regular session of the Legislature.
2. The Advocate may adopt regulations to carry out the provisions of this section and NRS 232.461 and 232.462.
3. As used in this section:
(a) Health care facility has the meaning ascribed to it in NRS 162A.740.
(b) Navigator, case manager or facilitator has the meaning ascribed to it in section 4.5 of this act.
Sec. 31. NRS 287.010 is hereby amended to read as follows:
287.010 1. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:
(a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided.
κ2019 Statutes of Nevada, Page 316 (CHAPTER 61, AB 170)κ
provided. The provisions of NRS 687B.408, 689B.030 to 689B.050, inclusive, [and] 689B.287 and 689B.500 apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0378 , [and] 689B.03785 and 689B.500 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.
(d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.
2. If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.
3. In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.
4. If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:
(a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and
(b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.
5. A contract that is entered into pursuant to subsection 3:
(a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.
(b) Does not become effective unless approved by the Commissioner.
(c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.
6. As used in this section, legal services organization means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.
Sec. 31.5. NRS 287.0205 is hereby amended to read as follows:
287.0205 1. A public officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada who has retired pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, or is enrolled in a retirement program provided pursuant to NRS 286.802, or the surviving spouse of such a retired public officer or employee who is deceased, may, except as otherwise provided in NRS 287.0475, in any even-numbered year, reinstate any insurance, except life insurance, that, at the time of reinstatement, is provided by the last public employer of the retired public officer or employee to the active officers and employees and their dependents of that public employer:
κ2019 Statutes of Nevada, Page 317 (CHAPTER 61, AB 170)κ
reinstate any insurance, except life insurance, that, at the time of reinstatement, is provided by the last public employer of the retired public officer or employee to the active officers and employees and their dependents of that public employer:
(a) Pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025; or
(b) Under the Public Employees Benefits Program, if the last public employer of the retired officer or employee participates in the Public Employees Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025.
2. Reinstatement pursuant to paragraph (a) of subsection 1 must be requested by:
(a) Giving written notice of the intent of the public officer or employee or surviving spouse to reinstate the insurance to the last public employer of the public officer or employee not later than January 31 of an even-numbered year;
(b) Accepting the public employers current program or plan of insurance and any subsequent changes thereto; and
(c) Except as otherwise provided in paragraph (b) of subsection 4 of NRS 287.023, paying any portion of the premiums or contributions of the public employers program or plan of insurance, in the manner set forth in NRS 1A.470 or 286.615, which is due from the date of reinstatement and not paid by the public employer.
Κ The last public employer shall give the insurer notice of the reinstatement not later than March 31 of the year in which the public officer or employee or surviving spouse gives notice of the intent to reinstate the insurance.
3. Reinstatement pursuant to paragraph (b) of subsection 1 must be requested pursuant to NRS 287.0475.
4. [If a plan is considered grandfathered under the Patient Protection and Affordable Care Act, Public Law 111-148, reinstatement of insurance pursuant to subsection 1 may exclude claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before reinstatement unless the reinstated insurance has been in effect more than 12 consecutive months.] If a plan provides coverage only to retired public officers and employees and dependents thereof, reinstatement of insurance pursuant to subsection 1 may exclude claims for expenses related to any condition for which medical advice, treatment or consultation was rendered within 12 months before the reinstatement.
5. The last public employer of a retired officer or employee who reinstates insurance, except life insurance, which was provided to the retired officer or employee and the retired officers or employees dependents at the time of retirement pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 shall, for the purpose of establishing actuarial data to determine rates and coverage for such persons, commingle the claims experience of such persons with the claims experience of active and retired officers and employees and their dependents who participate in that group insurance, plan of benefits or medical and hospital service.
Sec. 32. NRS 287.04335 is hereby amended to read as follows:
287.04335 If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 687B.409, 689B.255, 695G.150, 695G.160, 695G.162, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.170 to 695G.173, inclusive, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, and section 30 of this act in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.
κ2019 Statutes of Nevada, Page 318 (CHAPTER 61, AB 170)κ
695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, and section 30 of this act in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.
Sec. 33. Section 15 of chapter 453, Statutes of Nevada 2011, at page 2746, is hereby amended to read as follows:
Sec. 15. 1. This section and sections 4 and 12 of this act become effective on July 1, 2011.
2. Sections 1, 2, 3, 5 to 11, inclusive, 13 and 14 of this act become effective on October 1, 2011.
3. Section 4.5 of this act becomes effective on [the date on which the provisions of the Patient Protection and Affordable Care Act, Public Law 111-148, cease to allow a grandfathered health plan to exclude claims for preexisting medical conditions.] January 1, 2020.
Sec. 34. The provisions of sections 7, 12, 15, 19, 20, 24, 29 and 30 of this act apply to any contract, agreement, network plan, policy of health insurance, policy of group health insurance, health benefit plan, benefit contract, contract for hospital or medical service and health care plan that is delivered, issued for delivery or renewed on or after January 1, 2020.
Sec. 34.5. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 35. NRS 689A.523, 689A.585, 689B.450, 689C.082, 695A.159 and 695F.480 are hereby repealed.
Sec. 36. This act becomes effective:
1. Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On January 1, 2020, for all other purposes.
________
Assembly Bill No. 469Committee on Health and Human Services
CHAPTER 62
[Approved: May 15, 2019]
AN ACT relating to health care; limiting the amount a provider of health care may charge a person who has health insurance for certain medically necessary emergency services provided when the provider is out-of-network; requiring an insurer to arrange for the transfer of a person who has health insurance to an in-network facility under certain circumstances; prescribing procedures for determining the amount that an insurer is required to pay a provider of health care which is out-of-network for certain medically necessary emergency services provided to an insured; requiring the reporting of certain information related to that process; and providing other matters properly relating thereto.
κ2019 Statutes of Nevada, Page 319 (CHAPTER 62, AB 469)κ
Legislative Counsels Digest:
Under existing law, a hospital is required to provide emergency services and care and to admit certain patients where appropriate, regardless of the financial status of the patient. (NRS 439B.410) Existing law also requires certain major hospitals to reduce total billed charges by at least 30 percent for hospital services provided to certain patients who have no insurance or other contractual provision for the payment of the charges by a third party, which is an insurer. (NRS 439B.260) Section 7 of this bill defines the term out-of-network provider to mean, for a particular person covered by a policy of health insurance, a provider of health care or medical facility that has not entered into a contract with a third party for the provision of health care to persons who are covered by a policy of insurance issued by that third party. Section 11 of this bill exempts services provided to recipients of Medicaid from the provisions of this bill. Section 14 of this bill prohibits an out-of-network provider from collecting from a person covered by a policy of health insurance an amount for medically necessary emergency services that exceeds the copayment, coinsurance or deductible required by that policy. Section 14 also requires an out-of-network hospital or independent center for emergency medical care that provides medically necessary emergency services to a covered person to notify the third party that provides coverage for the person that: (1) the person is receiving such services at the facility; and (2) the persons emergency medical condition is stabilized not later than 24 hours after such stabilization occurs. Section 14 requires the third party to arrange for such a transfer to an in-network hospital or independent center for emergency medical care not later than 24 hours after receiving such notice.
If an out-of-network hospital or independent center for emergency medical care had a contract as an in-network hospital or independent center for emergency medical care with the third party that provides coverage for the covered person within the 24 months immediately preceding the provision of medically necessary emergency services to a covered person, section 15 of this bill requires the third party to pay, and the hospital or independent center for emergency medical care to accept, as compensation for those services an amount based on the amount that would have been paid for those services under the most recent contract between the third party and the hospital or independent center for emergency medical care. If an out-of-network hospital or independent center for emergency medical care did not have a contract as with the third party that provides coverage for the covered person as an in-network hospital or independent center for emergency medical care during that time, section 15 requires the third party to pay to the provider an amount that the third party has determined to be fair and reasonable as payment for the medically necessary emergency services. Section 16 of this bill has similar provisions applicable to out-of-network providers, other than hospitals and independent centers for emergency medical care. Specifically, if an out-of-network provider had a contract as an in-network provider with the third party that provides coverage for the covered person within the 12 months immediately preceding the provision of medically necessary emergency services to a covered person that was not terminated by the third party for cause, section 16 of this bill requires the third party to pay, and the provider to accept, as compensation for those services an amount based on the amount that would have been paid for those services under the most recent contract between the third party and the provider. If an out-of-network provider did not have a contract with the third party that provides coverage for the covered person as an in-network provider during that time or if such a contract was terminated by the third party for cause, section 16 requires the third party to pay to the provider an amount that the third party has determined to be fair and reasonable as payment for the medically necessary emergency services.
If the provider does not accept a payment made pursuant to section 15 or 16 as payment in full for the medically necessary emergency services, section 17 of this bill requires the out-of-network provider to request from the third party an additional amount which, when combined with the amount previously paid, the out-of-network provider is willing to accept as payment in full and, if not paid, the parties are required to submit the dispute to binding arbitration. Section 13 of this bill exempts a critical access hospital and a person covered by a policy of insurance sold outside this State from the provisions of this bill.
κ2019 Statutes of Nevada, Page 320 (CHAPTER 62, AB 469)κ
from the provisions of this bill. Section 17 provides that interest does not accrue on a claim during the arbitration process, and sections 21-27 of this bill make conforming changes. Section 18 of this bill authorizes certain health insurers not included in this bill to opt in to the provisions of the bill. Section 19 of this bill provides for the annual reporting of certain information concerning arbitration conducted pursuant to section 17. Sections 17, 19 and 20 of this bill provide for the confidentiality of the decisions of arbitrators and documents associated with arbitration.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.
Sec. 2. As used in sections 2 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 12, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Covered person means a policyholder, subscriber, enrollee or other person covered by a third party.
Sec. 4. Independent center for emergency medical care has the meaning ascribed to it in NRS 449.013.
Sec. 4.5. In-network emergency facility means a hospital or independent center for emergency medical care that is an in-network provider.
Sec. 5. In-network provider means, for a particular covered person, a provider of health care that has entered into a provider contract with a third party for the provision of health care to the covered person.
Sec. 6. Medically necessary emergency services means health care services that are provided by a provider of health care to screen and to stabilize a covered person after the sudden onset of a medical condition that manifests itself by symptoms of such sufficient severity that a prudent person would believe that the absence of immediate medical attention could result in:
1. Serious jeopardy to the health of the covered person;
2. Serious jeopardy to the health of an unborn child of the covered person;
3. Serious impairment of a bodily function of the covered person; or
4. Serious dysfunction of any bodily organ or part of the covered person.
Sec. 6.5. Out-of-network emergency facility means a hospital or independent center for emergency medical care that is an out-of-network provider.
Sec. 7. Out-of-network provider means, for a particular covered person, a provider of health care that has not entered into a provider contract with a third party for the provision of health care to the covered person.
Sec. 7.5. Provider contract means a contract between a third party and an in-network provider to provide health care services to a covered person.
Sec. 8. Provider of health care has the meaning ascribed to it in NRS 695G.070.
κ2019 Statutes of Nevada, Page 321 (CHAPTER 62, AB 469)κ
Sec. 8.5. Prudent person means a person who:
1. Is not a provider of health care;
2. Possesses an average knowledge of health and medicine; and
3. Is acting reasonably under the circumstances.
Sec. 9. (Deleted by amendment.)
Sec. 10. Screen means to conduct the medical screening examination required to be provided to a patient in the emergency department of a hospital pursuant to 42 U.S.C. § 1395dd.
Sec. 11. 1. Third party includes, without limitation:
(a) The issuer of a health benefit plan, as defined in NRS 695G.019, which provides coverage for medically necessary emergency services;
(b) The Public Employees Benefits Program established pursuant to subsection 1 of NRS 287.043; and
(c) Any other entity or organization that elects pursuant to section 18 of this act for the provisions of sections 2 to 19, inclusive, of this act to apply to the provision of medically necessary emergency services by out-of-network providers to covered persons.
2. The term does not include the State Plan for Medicaid, the Childrens Health Insurance Program or a health maintenance organization, as defined in NRS 695C.030, or managed care organization, as defined in NRS 695G.050, when providing health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department.
Sec. 12. To stabilize and stabilized have the meanings ascribed to them in 42 U.S.C. § 1395dd(e)(3).
Sec. 13. The provisions of sections 14 and 15 of this act do not apply to:
1. A hospital which has been certified as a critical access hospital by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 1395i-4(e) or any medically necessary emergency services provided at such a hospital;
2. A person who is covered by a policy of health insurance that was sold outside this State; or
3. Any health care services provided more than 24 hours after notification is provided pursuant to section 14 of this act that a person has been stabilized.
Sec. 14. 1. An out-of-network provider shall not collect from a covered person for medically necessary emergency services, and a covered person is not responsible for paying, an amount that exceeds the copayment, coinsurance or deductible required for such services provided by an in-network provider by the coverage for that person.
2. An out-of-network emergency facility that provides medically necessary emergency services to a covered person shall:
(a) When possible, notify the third party that provides coverage for the covered person not later than 8 hours after the covered person presents at the out-of-network emergency facility to receive medically necessary emergency services; and
(b) Notify the third party that the condition of the covered person has stabilized to such a degree that the person may be transferred to an in-network emergency facility not later than 24 hours after the persons emergency medical condition is stabilized.
κ2019 Statutes of Nevada, Page 322 (CHAPTER 62, AB 469)κ
emergency medical condition is stabilized. Not later than 24 hours after the third party receives such notice, the third party shall arrange for the transfer of the person to such a facility.
Sec. 15. 1. If an out-of-network emergency facility had a provider contract as an in-network emergency facility within the 24 months immediately preceding the date on which the medically necessary emergency services were rendered to a covered person, the third party that provides coverage for the covered person shall pay to the out-of-network emergency facility for those services, and the out-of-network emergency facility shall accept as payment in full for those services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network emergency facility:
(a) If the out-of-network emergency facility was an in-network emergency facility within the 12 months immediately preceding the provision of medically necessary emergency services, 108 percent of the amount that would have been paid for those services pursuant to the most recent applicable provider contract between the third party and the out-of-network emergency facility, less the amount of the copayment, coinsurance or deductible, if applicable.
(b) If the out-of-network emergency facility was an in-network emergency facility within the 24 months immediately preceding the provision of medically necessary emergency services, but not within the 12 months immediately preceding the provision of those services, 115 percent of the amount that would have been paid for those services pursuant to the most recent applicable provider contract between the third party and the out-of-network emergency facility, less the amount of the copayment, coinsurance or deductible, if applicable.
2. If an out-of-network emergency facility did not have a provider contract as an in-network emergency facility within the 24 months immediately preceding the date on which the medically necessary emergency services were rendered to a covered person, the third party that provides coverage to the covered person shall pay to the out-of-network emergency facility an amount that the third party has determined to be fair and reasonable as payment for the medically necessary emergency services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network emergency facility.
Sec. 16. 1. If an out-of-network provider, other than an out-of-network emergency facility, had a provider contract as an in-network provider within the 12 months immediately preceding the date on which the medically necessary emergency services were rendered to a covered person and:
(a) The out-of-network provider terminated the most recent applicable provider contract between the third party that provides coverage for the covered person and the out-of-network provider without cause before it was scheduled to expire, the third party shall pay to the out-of-network provider for those services, and the out-of-network provider shall accept as payment in full for those services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network provider, the amount that would have been paid for those services pursuant to that provider contract, less the amount of the copayment, coinsurance or deductible, if applicable.
κ2019 Statutes of Nevada, Page 323 (CHAPTER 62, AB 469)κ
(b) The out-of-network provider terminated the most recent applicable provider contract between the third party that provides coverage for the covered person and the out-of-network provider for cause before it was scheduled to expire or the third party terminated the contract without cause, the third party shall pay to the out-of-network provider for those services, and the out-of-network provider shall accept as payment in full for those services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network provider, 108 percent of the amount that would have been paid for those services pursuant to the provider contract, less the amount of the copayment, coinsurance or deductible, if applicable.
(c) The third party that provides coverage for the covered person terminated the most recent applicable provider contract between the third party and the out-of-network provider for cause before it was scheduled to expire, the third party shall pay to the out-of-network provider an amount that the third party has determined to be fair and reasonable as payment for the medically necessary emergency services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network provider.
(d) The contract was not terminated by either party, the third party that provides coverage for the covered person shall pay to the out-of-network provider for those services, and the out-of-network provider shall accept as payment in full for those services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network provider, the amount that would have been paid for those services pursuant to the most recent applicable provider contract between the third party and the out-of-network provider plus an amount equal to the percentage of increase in the Consumer Price Index, Medical Care Component, during the immediately preceding calendar year, less the amount of the copayment, coinsurance or deductible, if applicable.
2. If an out-of-network provider, other than an out-of-network emergency facility, did not have a provider contract as an in-network provider within the 12 months immediately preceding the date on which the medically necessary emergency services were rendered to a covered person, the third party that provides coverage to the covered person shall submit to the out-of-network provider an offer of payment in full for the medically necessary emergency services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network provider.
Sec. 17. 1. An out-of-network provider shall accept or reject an amount paid pursuant to subsection 2 of section 15 of this act or paragraph (c) of subsection 1 or subsection 2 of section 16 of this act as payment in full for the medically necessary emergency services for which the payment was offered within 30 days after receiving the payment. If an out-of-network provider fails to comply with the requirements of this section, the amount paid shall be deemed accepted as payment in full for the medically necessary emergency services for which the payment was offered 30 days after the out-of-network provider received the payment.
2. If an out-of-network provider rejects the amount paid as payment in full, the out-of-network provider must request from the third party an additional amount which, when combined with the amount previously paid, the out-of-network provider is willing to accept as payment in full for the medically necessary emergency services.
κ2019 Statutes of Nevada, Page 324 (CHAPTER 62, AB 469)κ
paid, the out-of-network provider is willing to accept as payment in full for the medically necessary emergency services.
3. If the third party refuses to pay the additional amount requested by the out-of-network provider pursuant to subsection 2 or fails to pay that amount within 30 days after receiving the request for the additional amount, the out-of-network provider must request a list of five randomly selected arbitrators from an entity authorized by regulations of the Director of the Department to provide such arbitrators. Such regulations must require:
(a) For claims of less than $5,000, the use of arbitrators who will conduct the arbitration in an economically efficient manner. Such arbitrators may include, without limitation, qualified employees of the State and arbitrators from the voluntary program for the use of binding arbitration established in the judicial district pursuant to NRS 38.255 or, if no such program has been established in the judicial district, from the program established in the nearest judicial district that has established such a program.
(b) For claims of $5,000 or more, the use of arbitrators from nationally recognized providers of arbitration services, which may include, without limitation, the American Arbitration Association, JAMS or their successor organizations.
4. Upon receiving the list of randomly selected arbitrators pursuant to subsection 3, the out-of-network provider and the third party shall each strike two arbitrators from the list. If one arbitrator remains, that arbitrator must arbitrate the dispute concerning the amount to be paid for the medically necessary emergency services. If more than one arbitrator remains, an arbitrator randomly selected from the remaining arbitrators by the entity that provided the list of arbitrators pursuant to subsection 3 must arbitrate that dispute.
5. The out-of-network provider and the third party shall participate in binding arbitration of the dispute concerning the amount to be paid for the medically necessary emergency services conducted by the arbitrator selected pursuant to subsection 4. The out-of-network provider or third party may provide the arbitrator with any relevant information to assist the arbitrator in making a determination.
6. The arbitrator shall require:
(a) The out-of-network provider to accept as payment in full for the provision of the medically necessary emergency services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network provider, the amount paid by the third party pursuant to subsection 2 of section 15 of this act or paragraph (c) of subsection 1 or subsection 2 of section 16 of this act, as applicable; or
(b) The third party to pay the additional amount requested by the out-of-network provider pursuant to subsection 2.
7. If the arbitrator requires:
(a) The out-of-network provider to accept the amount paid by the third party pursuant to subsection 2 of section 15 of this act or paragraph (c) of subsection 1 or subsection 2 of section 16 of this act, as applicable, as payment in full for the provision of the medically necessary emergency services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network provider, the out-of-network provider must pay the costs of the arbitrator.
κ2019 Statutes of Nevada, Page 325 (CHAPTER 62, AB 469)κ
coverage requires the covered person to pay for the services when provided by an in-network provider, the out-of-network provider must pay the costs of the arbitrator.
(b) The third party to pay the additional amount requested by the out-of-network provider pursuant to subsection 2, the third party must pay the costs of the arbitrator.
8. An out-of-network provider or a third party must pay its own attorneys fees incurred during the process prescribed by this section.
9. Interest does not accrue on any claim for which an offer of payment is rejected pursuant to subsection 1 for the period beginning on the date of the rejection and ending 30 days after the arbitrator renders a decision.
10. Except as otherwise provided in this subsection and section 19 of this act, any decision of an arbitrator pursuant to this section and any documents associated with such a decision are confidential and are not admissible as evidence during a legal proceeding, including, without limitation, a legal proceeding between the third party and the out-of-network provider. The decision of an arbitrator and any documents associated with such a decision may be disclosed and are admissible as evidence during a legal proceeding to enforce the decision.
Sec. 18. Any entity or organization, not otherwise subject to the provisions of sections 2 to 19, inclusive, of this act, that provides coverage for emergency medical services, including, without limitation, a participating public agency, as defined in NRS 287.04052, and any other local governmental agency which provides a system of health insurance for the benefit of its officers and employees, and the dependents of such officers and employees, pursuant to chapter 287 of NRS, may elect for the provisions of sections 2 to 19, inclusive, of this act to apply to the provision of medically necessary emergency services by out-of-network providers to covered persons. The Director of the Department of Health and Human Services shall:
1. Publish on an Internet website maintained by the Department a list of third parties that have made such an election; and
2. Adopt regulations governing such an election, which may include, without limitation, regulations that establish the procedure by which a third party may make such an election.
Sec. 19. 1. On or before December 31 of each year, an arbitrator who arbitrated a matter pursuant to section 17 of this act during the immediately preceding 12 months shall report to the Department of Health and Human Services in the form prescribed by the Department:
(a) The number of cases arbitrated by the arbitrator;
(b) The types of providers of health care and third parties involved in those cases;
(c) The prevailing party in each such arbitration;
(d) Information concerning the geographic location of the provider of health care that provided medically necessary emergency services; and
(e) Any other information requested by the Department.
2. A provider of health care or third party:
(a) Shall provide to the Department any information requested by the Department to complete the report required by subsection 3; and
(b) May provide to the Department any other information relevant to that report.
3. On or before January 31 of each year, the Department shall:
κ2019 Statutes of Nevada, Page 326 (CHAPTER 62, AB 469)κ
(a) Compile a report which consists of:
(1) Aggregated information provided to the Department pursuant to subsections 1 and 2, presented in a manner that does not reveal the identity of any provider of health care, third party or patient;
(2) An analysis of any identifiable trends in the information described in subparagraph (1); and
(3) An analysis of the impact of actions taken pursuant to sections 2 to 19, inclusive, of this act on provider contracts and the provision of health care in this State;
(b) Post the report on an Internet website maintained by the Department; and
(c) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
(1) In even-numbered years, the Legislative Committee on Health Care; and
(2) In odd-numbered years, the next regular session of the Legislature.
4. Any information disclosed to the Department pursuant to this section is confidential.
Sec. 20. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.
κ2019 Statutes of Nevada, Page 327 (CHAPTER 62, AB 469)κ
396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 17 and 19 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
κ2019 Statutes of Nevada, Page 328 (CHAPTER 62, AB 469)κ
the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.
4. A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 21. NRS 683A.0879 is hereby amended to read as follows:
683A.0879 1. Except as otherwise provided in subsection 2 [,] and section 17 of this act, an administrator shall approve or deny a claim relating to health insurance coverage within 30 days after the administrator receives the claim. If the claim is approved, the administrator shall pay the claim within 30 days after it is approved. Except as otherwise provided in this section, if the approved claim is not paid within that period, the administrator shall pay interest on the claim at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
2. If the administrator requires additional information to determine whether to approve or deny the claim, the administrator shall notify the claimant of the administrators request for the additional information within 20 days after receiving the claim. The administrator shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The administrator shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the administrator shall pay the claim within 30 days after receiving the additional information. If the approved claim is not paid within that period, the administrator shall pay interest on the claim in the manner prescribed in subsection 1.
3. An administrator shall not request a claimant to resubmit information that the claimant has already provided to the administrator, unless the administrator provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. An administrator shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorneys fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the administrator.
7. The Commissioner may require an administrator to provide evidence which demonstrates that the administrator has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.
κ2019 Statutes of Nevada, Page 329 (CHAPTER 62, AB 469)κ
within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.
8. If the Commissioner determines that an administrator is not in substantial compliance with the requirements set forth in this section, the Commissioner may require the administrator to pay an administrative fine in an amount to be determined by the Commissioner. Upon a second or subsequent determination that an administrator is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of registration of the administrator.
Sec. 22. NRS 689A.410 is hereby amended to read as follows:
689A.410 1. Except as otherwise provided in subsection 2 [,] and section 17 of this act, an insurer shall approve or deny a claim relating to a policy of health insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. Except as otherwise provided in this section, if the approved claim is not paid within that period, the insurer shall pay interest on the claim at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
2. If the insurer requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The insurer shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The insurer shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the insurer shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1.
3. An insurer shall not request a claimant to resubmit information that the claimant has already provided to the insurer, unless the insurer provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. An insurer shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorneys fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the insurer.
7. The Commissioner may require an insurer to provide evidence which demonstrates that the insurer has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.
8. If the Commissioner determines that an insurer is not in substantial compliance with the requirements set forth in this section, the Commissioner may require the insurer to pay an administrative fine in an amount to be determined by the Commissioner.
κ2019 Statutes of Nevada, Page 330 (CHAPTER 62, AB 469)κ
determined by the Commissioner. Upon a second or subsequent determination that an insurer is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the insurer.
Sec. 23. NRS 689B.255 is hereby amended to read as follows:
689B.255 1. Except as otherwise provided in subsection 2 [,] and section 17 of this act, an insurer shall approve or deny a claim relating to a policy of group health insurance or blanket insurance within 30 days after the insurer receives the claim. If the claim is approved, the insurer shall pay the claim within 30 days after it is approved. Except as otherwise provided in this section, if the approved claim is not paid within that period, the insurer shall pay interest on the claim at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
2. If the insurer requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The insurer shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The insurer shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the insurer shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the insurer shall pay interest on the claim in the manner prescribed in subsection 1.
3. An insurer shall not request a claimant to resubmit information that the claimant has already provided to the insurer, unless the insurer provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. An insurer shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorneys fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the insurer.
7. The Commissioner may require an insurer to provide evidence which demonstrates that the insurer has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.
8. If the Commissioner determines that an insurer is not in substantial compliance with the requirements set forth in this section, the Commissioner may require the insurer to pay an administrative fine in an amount to be determined by the Commissioner. Upon a second or subsequent determination that an insurer is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the insurer.
κ2019 Statutes of Nevada, Page 331 (CHAPTER 62, AB 469)κ
Sec. 24. NRS 689C.485 is hereby amended to read as follows:
689C.485 1. Except as otherwise provided in subsection 2 [,] and section 17 of this act, a carrier serving small employers and a carrier that offers a contract to a voluntary purchasing group shall approve or deny a claim relating to a policy of health insurance within 30 days after the carrier receives the claim. If the claim is approved, the carrier shall pay the claim within 30 days after it is approved. Except as otherwise provided in this section, if the approved claim is not paid within that period, the carrier shall pay interest on the claim at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
2. If the carrier requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The carrier shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The carrier shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the carrier shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the carrier shall pay interest on the claim in the manner prescribed in subsection 1.
3. A carrier shall not request a claimant to resubmit information that the claimant has already provided to the carrier, unless the carrier provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. A carrier shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorneys fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the carrier.
7. The Commissioner may require a carrier to provide evidence which demonstrates that the carrier has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.
8. If the Commissioner determines that a carrier is not in substantial compliance with the requirements set forth in this section, the Commissioner may require the carrier to pay an administrative fine in an amount to be determined by the Commissioner. Upon a second or subsequent determination that a carrier is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the carrier.
Sec. 25. NRS 695A.188 is hereby amended to read as follows:
695A.188 1. Except as otherwise provided in subsection 2 [,] and section 17 of this act, a society shall approve or deny a claim relating to a certificate of health insurance within 30 days after the society receives the claim.
κ2019 Statutes of Nevada, Page 332 (CHAPTER 62, AB 469)κ
claim. If the claim is approved, the society shall pay the claim within 30 days after it is approved. If the approved claim is not paid within that period, the society shall pay interest on the claim at the rate of interest established pursuant to NRS 99.040 unless a different rate of interest is established pursuant to an express written contract between the society and the provider of health care. The interest must be calculated from 30 days after the date on which the claim is approved until the claim is paid.
2. If the society requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The society shall notify the provider of health care of all the specific reasons for the delay in approving or denying the claim. The society shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the society shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the society shall pay interest on the claim in the manner prescribed in subsection 1.
3. A society shall not request a claimant to resubmit information that the claimant has already provided to the society, unless the society provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. A society shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorneys fees to the prevailing party in an action brought pursuant to this section.
Sec. 26. NRS 695B.2505 is hereby amended to read as follows:
695B.2505 1. Except as otherwise provided in subsection 2 [,] and section 17 of this act, a corporation subject to the provisions of this chapter shall approve or deny a claim relating to a contract for dental, hospital or medical services within 30 days after the corporation receives the claim. If the claim is approved, the corporation shall pay the claim within 30 days after it is approved. Except as otherwise provided in this section, if the approved claim is not paid within that period, the corporation shall pay interest on the claim at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
2. If the corporation requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The corporation shall notify the provider of dental, hospital or medical services of all the specific reasons for the delay in approving or denying the claim. The corporation shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the corporation shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the corporation shall pay interest on the claim in the manner prescribed in subsection 1.
3. A corporation shall not request a claimant to resubmit information that the claimant has already provided to the corporation, unless the corporation provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
κ2019 Statutes of Nevada, Page 333 (CHAPTER 62, AB 469)κ
provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. A corporation shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorneys fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the corporation.
7. The Commissioner may require a corporation to provide evidence which demonstrates that the corporation has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.
8. If the Commissioner determines that a corporation is not in substantial compliance with the requirements set forth in this section, the Commissioner may require the corporation to pay an administrative fine in an amount to be determined by the Commissioner. Upon a second or subsequent determination that a corporation is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the corporation.
Sec. 27. NRS 695C.185 is hereby amended to read as follows:
695C.185 1. Except as otherwise provided in subsection 2 [,] and section 17 of this act, a health maintenance organization shall approve or deny a claim relating to a health care plan within 30 days after the health maintenance organization receives the claim. If the claim is approved, the health maintenance organization shall pay the claim within 30 days after it is approved. Except as otherwise provided in this section, if the approved claim is not paid within that period, the health maintenance organization shall pay interest on the claim at a rate of interest equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date on which the payment was due, plus 6 percent. The interest must be calculated from 30 days after the date on which the claim is approved until the date on which the claim is paid.
2. If the health maintenance organization requires additional information to determine whether to approve or deny the claim, it shall notify the claimant of its request for the additional information within 20 days after it receives the claim. The health maintenance organization shall notify the provider of health care services of all the specific reasons for the delay in approving or denying the claim. The health maintenance organization shall approve or deny the claim within 30 days after receiving the additional information. If the claim is approved, the health maintenance organization shall pay the claim within 30 days after it receives the additional information. If the approved claim is not paid within that period, the health maintenance organization shall pay interest on the claim in the manner prescribed in subsection 1.
3. A health maintenance organization shall not request a claimant to resubmit information that the claimant has already provided to the health maintenance organization, unless the health maintenance organization provides a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
κ2019 Statutes of Nevada, Page 334 (CHAPTER 62, AB 469)κ
a legitimate reason for the request and the purpose of the request is not to delay the payment of the claim, harass the claimant or discourage the filing of claims.
4. A health maintenance organization shall not pay only part of a claim that has been approved and is fully payable.
5. A court shall award costs and reasonable attorneys fees to the prevailing party in an action brought pursuant to this section.
6. The payment of interest provided for in this section for the late payment of an approved claim may be waived only if the payment was delayed because of an act of God or another cause beyond the control of the health maintenance organization.
7. The Commissioner may require a health maintenance organization to provide evidence which demonstrates that the health maintenance organization has substantially complied with the requirements set forth in this section, including, without limitation, payment within 30 days of at least 95 percent of approved claims or at least 90 percent of the total dollar amount for approved claims.
8. If the Commissioner determines that a health maintenance organization is not in substantial compliance with the requirements set forth in this section, the Commissioner may require the health maintenance organization to pay an administrative fine in an amount to be determined by the Commissioner. Upon a second or subsequent determination that a health maintenance organization is not in substantial compliance with the requirements set forth in this section, the Commissioner may suspend or revoke the certificate of authority of the health maintenance organization.
Sec. 28. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 29. This act becomes effective:
1. Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On January 1, 2020, for all other purposes.
________
Assembly Bill No. 124Assemblywomen Munk; and Gorelow
CHAPTER 63
[Approved: May 15, 2019]
AN ACT relating to health care; requiring the development and distribution of a document consisting of information for victims of sexual assault or attempted sexual assault; requiring a hospital or independent center for emergency medical care to provide a copy of the document to each victim of sexual assault or attempted sexual assault treated by the hospital or independent center for emergency medical care; and providing other matters properly relating thereto.
κ2019 Statutes of Nevada, Page 335 (CHAPTER 63, AB 124)κ
Legislative Counsels Digest:
Under existing law, each patient of a medical facility or facility for the dependent has the right to receive from his or her physician a description of his or her diagnosis, plan for treatment and prognosis, any information necessary to give informed consent to a procedure or treatment and, upon request, information on alternatives to the treatment or procedure. (NRS 449A.106) Section 1 of this bill requires the Division of Public and Behavioral Health of the Department of Health and Human Services to establish a working group to develop a document consisting of medically and factually accurate written information concerning emergency contraception, prophylactic antibiotics and certain other services for victims of sexual assault and attempted sexual assault. Section 1 also requires each hospital or independent center for emergency medical care to ensure that each victim of sexual assault or attempted sexual assault who is treated by the hospital or independent center for emergency medical care is provided with a copy and oral explanation of the document. Sections 2-8 of this bill make conforming changes to allow the Division to enforce the requirements of section 1.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Division shall establish a working group consisting of representatives of hospitals and independent centers for emergency medical care and experts in treating the effects of sexual assault and attempted sexual assault. The working group shall:
(a) Develop a document to be provided to victims of sexual assault and attempted sexual assault pursuant to subsection 3, which must consist of medically and factually accurate written information concerning:
(1) Emergency contraception and prophylactic antibiotics, including, without limitation, possible side effects of using those medications and the locations of facilities or pharmacies where those medications are available;
(2) Contact information for law enforcement agencies in this State; and
(3) Other services available to victims of sexual assault and attempted sexual assault in all regions of this State, including, without limitation, counseling, a list of clinics and other facilities that specialize in serving victims of sexual assault and a list of locations that provide testing for sexually transmitted diseases. Such information must be organized in a manner that allows a victim to easily identify the services available in his or her region of the State.
(b) Update the document as necessary.
2. The Division shall:
(a) Distribute copies of the document developed pursuant to subsection 1 to each hospital and independent center for emergency medical care located in this State; and
(b) Post the document on an Internet website maintained by the Division.
κ2019 Statutes of Nevada, Page 336 (CHAPTER 63, AB 124)κ
3. Each hospital or independent center for emergency medical care shall ensure that each victim of sexual assault or attempted sexual assault who is treated by the hospital or independent center for emergency medical care is provided with:
(a) A copy of the document developed pursuant to subsection 1; and
(b) An oral explanation of the information contained in the document.
4. As used in this section:
(a) Emergency contraception means methods of birth control which, when administered within a specified period after intercourse, may prevent pregnancy from occurring.
(b) Sexual assault means a violation of NRS 200.366 or 200.368.
Sec. 2. NRS 449.0301 is hereby amended to read as follows:
449.0301 The provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act do not apply to:
1. Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.
2. Foster homes as defined in NRS 424.014.
3. Any medical facility, facility for the dependent or facility which is otherwise required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed that is operated and maintained by the United States Government or an agency thereof.
Sec. 3. NRS 449.0302 is hereby amended to read as follows:
449.0302 1. The Board shall adopt:
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.029 to 449.2428, inclusive, and section 1 of this act 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 or her 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 Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive 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 449.029 to 449.2428, inclusive [.] , and section 1 of this act.
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,
Κ which provide care to persons with Alzheimers 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.
κ2019 Statutes of Nevada, Page 337 (CHAPTER 63, AB 124)κ
(b) The licensure of facilities for refractive 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. In addition to the training requirements prescribed pursuant to NRS 449.093, 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 users 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) Except as otherwise authorized by the regulations adopted pursuant to NRS 449.0304, the prescribed medication is not administered by injection or intravenously.
(e) The employee has successfully completed training and examination approved by the 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 Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim 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 residents stay at the facility.
(b) The residents of the facility reside in their own living units which:
(1) Except as otherwise provided in subsection 8, contain toilet facilities;
(2) Contain a sleeping area or bedroom; and
(3) Are shared with another occupant only upon consent of both occupants.
κ2019 Statutes of Nevada, Page 338 (CHAPTER 63, AB 124)κ
(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 residents 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 residents individual needs;
(3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the residents personal choice of lifestyle;
(4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each residents need for autonomy and the right to make decisions regarding his or her 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 to minimize 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 Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:
(a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and
(b) The exception, if granted, would not:
(1) Cause substantial detriment to the health or welfare of any resident of the facility;
(2) Result in more than two residents sharing a toilet facility; or
(3) Otherwise impair substantially the purpose of that requirement.
9. 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.
κ2019 Statutes of Nevada, Page 339 (CHAPTER 63, AB 124)κ
10. The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:
(a) Facilities that only provide a housing and living environment;
(b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and
(c) Facilities that provide or arrange for the provision of alcohol and drug abuse programs, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.
Κ The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.
11. As used in this section, living unit means an individual private accommodation designated for a resident within the facility.
Sec. 4. NRS 449.0306 is hereby amended to read as follows:
449.0306 1. Money received from licensing medical facilities and facilities for the dependent must be forwarded to the State Treasurer for deposit in the State General Fund to the credit of the Division.
2. The Division shall enforce the provisions of NRS 449.029 to 449.245, inclusive, and section 1 of this act and may incur any necessary expenses not in excess of money authorized for that purpose by the State or received from the Federal Government.
Sec. 5. NRS 449.131 is hereby amended to read as follows:
449.131 1. Any authorized member or employee of the 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 449.029 to 449.245, inclusive [.] , and section 1 of this act.
2. The State Fire Marshal or a designee of the State Fire Marshal shall, upon receiving a request from the Division or a written complaint concerning compliance with the plans and requirements to respond to an emergency adopted pursuant to subsection 9 of NRS 449.0302:
(a) Enter and inspect a residential facility for groups; and
(b) Make recommendations regarding the adoption of plans and requirements pursuant to subsection 9 of NRS 449.0302,
Κ to ensure the safety of the residents of the facility in an emergency.
3. The Chief Medical Officer or a designee of the Chief Medical Officer 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 Division shall enter and inspect any building or premises operated by a residential facility for groups within 72 hours after the Division is notified that a residential facility for groups is operating without a license.
Sec. 6. NRS 449.160 is hereby amended to read as follows:
449.160 1. The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act upon any of the following grounds:
κ2019 Statutes of Nevada, Page 340 (CHAPTER 63, AB 124)κ
(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, and section 1 of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.
(b) Aiding, abetting or permitting the commission of any illegal act.
(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
(d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
(e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and section 1 of this act and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.
(f) Failure to comply with the provisions of NRS 449.2486.
2. In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
(a) Is convicted of violating any of the provisions of NRS 202.470;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or
(c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
3. The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day:
(a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;
(b) A report of any investigation conducted with respect to the complaint; and
(c) A report of any disciplinary action taken against the facility.
Κ The facility shall make the information available to the public pursuant to NRS 449.2486.
4. On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and
(b) Any disciplinary actions taken by the Division pursuant to subsection 2.
Sec. 7. NRS 449.220 is hereby amended to read as follows:
449.220 1. The Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any facility within the meaning of NRS 449.029 to 449.2428, inclusive [:] , and section 1 of this act:
(a) Without first obtaining a license therefor; or
(b) After his or her license has been revoked or suspended by the Division.
κ2019 Statutes of Nevada, Page 341 (CHAPTER 63, AB 124)κ
2. It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain such a facility without a license.
Sec. 8. NRS 449.240 is hereby amended to read as follows:
449.240 The district attorney of the county in which the facility is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.029 to 449.245, inclusive [.] , and section 1 of this act.
Sec. 9. This act becomes effective:
1. Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
2. On January 1, 2020, for all other purposes.
________
Assembly Bill No. 337Assemblymen Martinez, Carlton; Backus and Carrillo
CHAPTER 64
[Approved: May 15, 2019]
AN ACT relating to railroads; specifying crew requirements for certain railroads transporting freight in this State; requiring vehicles to stop at railroad grade crossings for on-track equipment; providing civil penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides employment protections for certain railroad employees who were employed by any railroad in this State on April 1, 1963, or July 1, 1985, to address provisions concerning the size of a train crew that were removed from the Nevada Revised Statutes by the Legislature in 1963 and 1985, respectively. (NRS 705.390; chapter 176, Statutes of Nevada 1963, p. 281, chapter 358, Statutes of Nevada 1985, p. 1014) Section 6 of this bill repeals that provision. Section 1 of this bill requires any Class I freight railroad, Class I railroad or Class II railroad for transporting freight which operates a train or locomotive in this State, and any officer of such a railroad, to ensure that the train or locomotive contains a crew of not less than two persons, with certain exceptions. Section 2 of this bill provides that a railroad or officer of a railroad who violates the provisions of section 1 is liable to the Public Utilities Commission of Nevada for certain civil penalties. (NRS 705.420) Sections 3-5 of this bill require vehicles to stop at railroad grade crossings when traffic control devices are operating or when on-track equipment is approaching.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 705 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, any Class I freight railroad, Class I railroad or Class II railroad for transporting freight which operates a train or locomotive in this State, and any officer of such a railroad, shall ensure that the train or locomotive contains a crew of not less than two persons.
κ2019 Statutes of Nevada, Page 342 (CHAPTER 64, AB 337)κ
operates a train or locomotive in this State, and any officer of such a railroad, shall ensure that the train or locomotive contains a crew of not less than two persons.
2. The provisions of subsection 1 do not apply to a train or locomotive engaged in helper or hostling services.
3. As used in this section:
(a) Class I freight railroad has the meaning ascribed to it in 40 C.F.R. § 1033.901.
(b) Class I railroad has the meaning ascribed to it in 40 C.F.R. § 1033.901.
(c) Class II railroad has the meaning ascribed to it in 40 C.F.R. § 1033.901.
(d) Helper services includes connecting a locomotive to the front or back of a train to assist the train in ascending or descending a grade.
(e) Hostling services includes moving a train or locomotive a short distance in a railroad yard.
Sec. 2. NRS 705.420 is hereby amended to read as follows:
705.420 Any railroad [company or receiver of any railroad company, and any person engaged in the business of common carrier doing business in the State of Nevada, which] or officer of a railroad who violates [any of] the provisions of [NRS 705.390] section 1 of this act is liable to the Public Utilities Commission of Nevada for a civil penalty of [$500] :
1. Not less than $5,000 for [each] the first violation [.] ;
2. Not more than $10,000 for the second violation within 3 years of the first violation; and
3. Not more than $25,000 for a third and any subsequent violation within 3 years of the first violation.
Sec. 3. NRS 484B.553 is hereby amended to read as follows:
484B.553 1. Whenever any person driving a vehicle approaches a railroad grade crossing and a clearly visible official traffic-control or railroad device gives warning of the immediate approach of a train [,] or other on-track equipment, the driver of such vehicle shall stop within 50 feet but not less than 15 feet from the nearest track of such railroad and shall not proceed until the driver can do so safely. The foregoing requirements shall apply when:
(a) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train [.] or other on-track equipment.
(b) A crossing gate is lowered or when a flagger gives or continues to give a signal of the approach or passage of a railroad train [.] or other on-track equipment.
(c) A railroad train or other on-track equipment approaching within approximately 1,500 feet of the highway crossing emits a signal audible from such distance and such railroad train [,] or other on-track railroad equipment, by reason of its speed or nearness to such crossing, is an immediate hazard.
(d) An approaching railroad train or other on-track equipment is plainly visible and is in hazardous proximity to such crossing.
2. A person shall not drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.
Sec. 4. NRS 484B.560 is hereby amended to read as follows:
484B.560 1. Except as otherwise provided in subsection 4, the driver of a bus carrying passengers, or of any school bus carrying any school child, or of any vehicle carrying hazardous materials as that term is defined in 49 C.F.R. § 383.5, before crossing at grade any track or tracks of a railroad, shall stop that vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching train [,] or other on-track equipment, and for signals indicating the approach of a train [,] or other on-track equipment, and shall not proceed until the driver can do so safely.
κ2019 Statutes of Nevada, Page 343 (CHAPTER 64, AB 337)κ
C.F.R. § 383.5, before crossing at grade any track or tracks of a railroad, shall stop that vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching train [,] or other on-track equipment, and for signals indicating the approach of a train [,] or other on-track equipment, and shall not proceed until the driver can do so safely.
2. After stopping as required in this section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in a gear of the vehicle that there will be no necessity for changing gears while traversing the crossing and the driver shall not shift gears while crossing the track or tracks.
3. When stopping is required at a railroad crossing the driver shall keep as far to the right of the highway as possible and shall not form two lanes of traffic unless the highway is marked for four or more lanes of traffic.
4. No such stop need be made at a railroad crossing:
(a) Where a police officer or official traffic-control device controls the movement of traffic.
(b) Which is marked with a device indicating that the crossing is abandoned.
(c) Which is a streetcar crossing or is used exclusively for industrial switching purposes within an area designated as a business district.
(d) Which is marked with a sign identifying it as an exempt crossing. Signs identifying a crossing as exempt may be erected only:
(1) If the tracks are an industrial or spur line;
(2) By or with the consent of the appropriate state or local authority which has jurisdiction over the road; and
(3) After the State or the local authority has held a public hearing to determine whether the crossing should be designated an exempt crossing.
5. It is unlawful for the driver of any vehicle, when crossing at grade any track or tracks of a railroad, to fail to completely cross the track or tracks without stopping due to insufficient:
(a) Space for the vehicle on the opposite side of the railroad crossing; or
(b) Undercarriage clearance of the vehicle.
6. As used in this section, completely cross means to travel across a railroad track or tracks in such a manner that the trailing end of the vehicle is 15 feet or more past the nearest rail of the railroad track or tracks.
Sec. 5. NRS 484B.563 is hereby amended to read as follows:
484B.563 1. It is unlawful for any person to operate or move any crawler-type tractor, power shovel, derrick, roller, or any vehicle, equipment or structure having a normal operating speed of 10 or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than 9 inches, measured above the level surface of a highway, upon or across any tracks at a railroad grade crossing without first complying with this section.
2. Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than 15 feet nor more than 50 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train or other on-track equipment and for signals indicating the approach of a train [,] or other on-track equipment, and shall not proceed until the crossing can be made safely.
κ2019 Statutes of Nevada, Page 344 (CHAPTER 64, AB 337)κ
3. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagger or otherwise of the immediate approach of a railroad train or car [.] or other on-track equipment. If a flagger is provided by the railroad, movement over the crossing shall be under the direction of the flagger.
Sec. 6. NRS 705.390 is hereby repealed.
________
Assembly Bill No. 181Assemblymen Assefa, McCurdy, Fumo; Backus, Bilbray-Axelrod, Carlton, Carrillo, Cohen, Duran, Flores, Gorelow, Jauregui, Martinez, Miller, Monroe-Moreno, Munk, Nguyen, Spiegel, Thompson, Torres, Watts and Yeager
Joint Sponsor: Senator D. Harris
CHAPTER 65
[Approved: May 15, 2019]
AN ACT relating to employment; establishing specific provisions governing practices of employers relating to employee attendance; providing for administrative penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits certain employment practices and prohibits employers and their agents or representatives from engaging in such practices. (Chapter 613 of NRS) This bill prohibits an employer from requiring an employee to be physically present at his or her place of employment to report that the employee is sick or injured and cannot work. In addition, this bill specifically allows an employer to require an employee to notify the employer that the employee is sick or injured and cannot work. This bill provides that a violation of section 1 may be subject to administrative penalties.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An employer:
(a) Shall not require an employee to be physically present at his or her place of work in order to notify his or her employer that he or she is sick or has sustained an injury that is not work-related and cannot work.
(b) May require an employee to notify the employer that he or she is sick or injured and cannot report for work.
2. In addition to any other remedy or penalty, the Labor Commissioner may impose against any employer or agent or representative thereof that is found to have violated any provision of this section an administrative penalty of not more than $5,000 for each such violation.
κ2019 Statutes of Nevada, Page 345 (CHAPTER 65, AB 181)κ
3. If an administrative penalty is imposed pursuant to this section, the costs of the proceeding, including without limitation, investigative costs and attorneys fees, may be recovered by the Labor Commissioner.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 85Committee on Health and Human Services
CHAPTER 66
[Approved: May 15, 2019]
AN ACT relating to mental health; requiring the adoption of regulations governing the involuntary administration of medication to persons with mental illness and the medical examination of a person alleged to be a person in a mental health crisis; authorizing the adoption of regulations concerning the plan for the discharge of a person admitted to a mental health facility or hospital; revising certain terminology and standardizing certain time periods relating to admission to mental health facilities; revising the authority of certain accredited agents to make certain certifications and transport persons with mental illness; revising requirements concerning notification to certain persons of the emergency admission of a person to a mental health facility; revising the procedure for proceedings for the involuntary court-ordered admission of a person to a mental health facility or a program of community-based or outpatient services; authorizing the disclosure to a provider of health care of certain information related to a person who seeks mental health services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Board of Health to adopt regulations for the care and treatment of persons with mental illness. (NRS 433.324) Section 1 of this bill requires those regulations to include regulations governing the procedure for the involuntary administration of medication to such persons. Section 5 of this bill authorizes the Board to adopt regulations requiring a public or private mental health facility or hospital to adopt a plan for the discharge of a person admitted to the facility or hospital. Section 5 further requires such facilities to report certain information concerning emergency admissions to the Division of Public and Behavioral Health of the Department of Health and Human Services.
Section 7 of this bill replaces the term person with mental illness, as used in provisions concerning the admission of a person to mental health facility or hospital, with the term person in a mental health crisis. Section 7 defines the term person in a mental health crisis to mean any person: (1) who has a mental illness; and (2) whose capacity to exercise self-control, judgment and discretion in the conduct of the persons affairs and social relations or to care for his or her personal needs is diminished, as a result of the mental illness, to the extent that the person presents a substantial likelihood of serious harm to himself or herself or others. Section 4 of this bill prescribes the criteria for determining when a person presents a substantial likelihood of serious harm to himself or herself or others. Sections 2, 6, 9-23, 26, 27, 29 and 32 of this bill make conforming changes.
κ2019 Statutes of Nevada, Page 346 (CHAPTER 66, AB 85)κ
Existing law requires a person admitted to a public or private mental health facility on a voluntary basis to be released immediately upon request unless, within 24 hours after the request, the facility changes the status of the person to an emergency admission. (NRS 433A.140) Section 8 of this bill removes this 24-hour period, thereby requiring the immediate release of a person who has been admitted to a mental health facility on a voluntary basis upon his or her request.
Unless a petition is made for the involuntary court-ordered admission of a person previously admitted to a mental health facility or hospital on an emergency basis, existing law prohibits the detention of such a person for longer than: (1) if the person was originally admitted voluntarily, 48 hours after the status was changed to an emergency admission; and (2) in all other cases, 72 hours after certain requirements have been met. (NRS 433A.145, 433A.150) Sections 9 and 10 of this bill standardize these time periods to prohibit such detention for longer than 72 hours after the change in status or after an application or any part of an application is made for emergency admission, as applicable.
Existing law authorizes an accredited agent of the Department to: (1) make an application for the emergency admission of a person to a mental health facility or hospital; (2) certify that a person who has been admitted to a mental health facility or hospital on an emergency basis is or is not a person with mental illness; or (3) file a petition for the involuntary court-ordered admission of a person to a mental health facility or a program of community-based or outpatient services. (NRS 433A.160, 433A.170, 433A.195, 433A.200) Sections 11, 13, 15-17 and 20 of this bill remove this authorization, and section 11 instead authorizes an accredited agent of the Division to transport a person alleged to be a person in a mental health crisis to a mental health facility or hospital after an application is made for the emergency admission of the person.
Existing law requires a person alleged to be a person with mental illness to undergo a medical examination before the person is admitted to a mental health facility. (NRS 433A.165) Section 12 of this bill requires the Board to adopt regulations prescribing a procedure to ensure that such an examination is performed.
Existing law requires the administrative officer of a mental health facility to notify the spouse or legal guardian of a person not later than 24 hours after the person is admitted to the facility under an emergency admission. (NRS 433A.190) Section 14 of this bill instead requires the administrative officer to ensure that a person who is admitted under an emergency admission is asked to give permission to provide notice of the admission to a family member, friend or other person identified by the person. If the person does not give permission, section 14 generally prohibits such notification. If the person is not capable of giving permission, section 14 authorizes the administrative officer to cause the provision of such notice if he or she determines that the notice is in the best interest of the person admitted to the facility. Section 14 requires the notification of a guardian, person designated in a durable power of attorney for health care or attorney-in-fact for a person admitted to a mental health facility under an emergency admission, regardless of whether the person has provided permission to give such notice.
Section 19 of this bill revises the date on which a district judge is required to set a hearing on a petition for the involuntary court-ordered admission of a person to a mental health facility or a program of community-based or outpatient services. Section 22 of this bill requires the court, upon finding that a person admitted as an emergency admission, other than a criminal defendant, is not a person in a mental health crisis, to order the mental health facility or hospital to which the person has been admitted to release the person within 24 hours unless the person remains at the facility or hospital voluntarily.
Section 24 of this bill abolishes a prohibition on transporting a person to a mental health facility without at least one attendant of the same sex or a relative in the first degree of consanguinity or affinity being in attendance. Sections 25 and 28 of this bill authorize the disclosure of certain information concerning persons seeking mental health services to a provider of health care to assist with the treatment of the person.
κ2019 Statutes of Nevada, Page 347 (CHAPTER 66, AB 85)κ
EXPLANATION
Matter in bolded italics is
new; matter between brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433.324 is hereby amended to read as follows:
433.324 1. The State Board of Health shall adopt regulations:
(a) For the care and treatment of persons with mental illness, persons with substance use disorders or persons with co-occurring disorders by all state agencies and facilities, and their referral to private facilities [;] , including, without limitation, regulations governing the procedure for the involuntary administration of medication to persons with mental illness;
(b) To ensure continuity in the care and treatment provided to persons with mental illness, persons with substance use disorders or persons with co-occurring disorders in this State; and
(c) Necessary for the proper and efficient operation of the facilities of the Division.
2. The State Board of Health may adopt regulations to promote programs relating to mental health, substance use disorders and co-occurring disorders.
Sec. 2. NRS 433.5503 is hereby amended to read as follows:
433.5503 1. Chemical restraint may only be used on a person with a disability who is a consumer if:
(a) The consumer has been [diagnosed as mentally ill,] deemed to be a person in a mental health crisis, as defined in NRS 433A.115, and is receiving mental health services from a facility;
(b) The chemical restraint is administered to the consumer while he or she is under the care of the facility;
(c) An emergency exists that necessitates the use of chemical restraint;
(d) A medical order authorizing the use of chemical restraint is obtained from the consumers attending physician, psychiatrist or advanced practice registered nurse;
(e) The physician, psychiatrist or advanced practice registered nurse who signed the order required pursuant to paragraph (d) examines the consumer not later than 1 working day immediately after the administration of the chemical restraint; and
(f) The chemical restraint is administered by a person licensed to administer medication.
2. If chemical restraint is used on a person with a disability who is a consumer, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534 or 435.610, as applicable, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.
Sec. 3. Chapter 433A of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. For the purposes of this chapter, a person shall be deemed to present a substantial likelihood of serious harm to himself or herself or others if, without care or treatment, the person is at serious risk of:
1. Attempting suicide or homicide;
2. Causing bodily injury to himself or herself or others, including, without limitation, death, unconsciousness, extreme physical pain, protracted and obvious disfigurement or a protracted loss or impairment of a body part, organ or mental functioning; or
κ2019 Statutes of Nevada, Page 348 (CHAPTER 66, AB 85)κ
3. Incurring a serious injury, illness or death resulting from complete neglect of basic needs for food, clothing, shelter or personal safety.
Sec. 5. 1. Each public or private mental health facility and hospital in this State shall, in the manner and time prescribed by regulation of the State Board of Health, report to the Division:
(a) The number of applications for emergency admission received by the mental health facility or hospital pursuant to NRS 433A.160 during the immediately preceding quarter; and
(b) Any other information prescribed by regulation of the State Board of Health.
2. The State Board of Health may adopt regulations that require a public or private mental health facility or hospital to adopt a plan for the discharge of a person admitted to the facility or hospital in accordance with the provisions of this chapter and that prescribe the contents of such a plan.
Sec. 6. NRS 433A.011 is hereby amended to read as follows:
433A.011 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 433A.012 to 433A.019, inclusive, and NRS 433A.115 have the meanings ascribed to them in those sections.
Sec. 7. NRS 433A.115 is hereby amended to read as follows:
433A.115 [1. As used in NRS 433A.115 to 433A.330, inclusive, unless the context otherwise requires, person with]
1. Person in a mental [illness] health crisis means any person [whose] :
(a) Who has a mental illness; and
(b) Whose capacity to exercise self-control, judgment and discretion in the conduct of the persons affairs and social relations or to care for his or her personal needs is diminished, as a result of [a] the mental illness, to the extent that the person presents a [clear and present danger] substantial likelihood of serious harm to himself or herself or others, [but] as determined pursuant to section 4 of this act.
2. The term does not include any person in whom that capacity is diminished by epilepsy, intellectual disability, dementia, delirium, brief periods of intoxication caused by alcohol or drugs, or dependence upon or addiction to alcohol or drugs, unless a mental illness that can be diagnosed is also present which contributes to the diminished capacity of the person.
[2. A person presents a clear and present danger of harm to himself or herself if, within the immediately preceding 30 days, the person has, as a result of a mental illness:
(a) Acted in a manner from which it may reasonably be inferred that, without the care, supervision or continued assistance of others, the person will be unable to satisfy his or her need for nourishment, personal or medical care, shelter, self-protection or safety, and if there exists a reasonable probability that the persons death, serious bodily injury or physical debilitation will occur within the next following 30 days unless he or she is admitted to a mental health facility or required to participate in a program of community-based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and adequate treatment is provided to the person;
(b) Attempted or threatened to commit suicide or committed acts in furtherance of a threat to commit suicide, and if there exists a reasonable probability that the person will commit suicide unless he or she is admitted to a mental health facility or required to participate in a program of community-based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and adequate treatment is provided to the person; or
κ2019 Statutes of Nevada, Page 349 (CHAPTER 66, AB 85)κ
(c) Mutilated himself or herself, attempted or threatened to mutilate himself or herself or committed acts in furtherance of a threat to mutilate himself or herself, and if there exists a reasonable probability that he or she will mutilate himself or herself unless the person is admitted to a mental health facility or required to participate in a program of community-based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and adequate treatment is provided to the person.
3. A person presents a clear and present danger of harm to others if, within the immediately preceding 30 days, the person has, as a result of a mental illness, inflicted or attempted to inflict serious bodily harm on any other person, or made threats to inflict harm and committed acts in furtherance of those threats, and if there exists a reasonable probability that he or she will do so again unless the person is admitted to a mental health facility or required to participate in a program of community-based or outpatient services pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and adequate treatment is provided to him or her.]
Sec. 8. NRS 433A.140 is hereby amended to read as follows:
433A.140 1. Any person may apply to:
(a) A public or private mental health facility in the State of Nevada for admission to the facility; or
(b) A division facility to receive care, treatment or training provided by the Division,
Κ as a voluntary consumer for the purposes of observation, diagnosis, care and treatment. In the case of a person who has not attained the age of majority, application for voluntary admission or care, treatment or training may be made on his or her behalf by the persons spouse, parent or legal guardian.
2. If the application is for admission to a division facility, or for care, treatment or training provided by the Division, the applicant must be admitted or provided such services as a voluntary consumer if an examination by personnel of the facility qualified to make such a determination reveals that the person needs and may benefit from services offered by the mental health facility.
3. Any person admitted to a public or private mental health facility as a voluntary consumer must be released immediately after the filing of a written request for release with the responsible physician or that physicians designee within the normal working day, unless [, within 24 hours after the request,] the facility changes the status of the person to an emergency admission pursuant to NRS 433A.145. When a person is released pursuant to this subsection, the facility and its agents and employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the person.
4. Any person admitted to a public or private mental health facility as a voluntary consumer who has not requested release may nonetheless be released by the medical director of the facility when examining personnel at the facility determine that the consumer has recovered or has improved to such an extent that the consumer is not considered a danger to himself or herself or others and that the services of that facility are no longer beneficial to the consumer or advisable.
5. A person who requests care, treatment or training from the Division pursuant to this section must be evaluated by the personnel of the Division to determine whether the person is eligible for the services offered by the Division.
κ2019 Statutes of Nevada, Page 350 (CHAPTER 66, AB 85)κ
determine whether the person is eligible for the services offered by the Division. The evaluation must be conducted:
(a) Within 72 hours if the person has requested inpatient services; or
(b) Within 72 regular operating hours, excluding weekends and holidays, if the person has requested community-based or outpatient services.
6. This section does not preclude a public facility from making decisions, policies, procedures and practices within the limits of the money made available to the facility.
Sec. 9. NRS 433A.145 is hereby amended to read as follows:
433A.145 1. If a person [with] in a mental [illness] health crisis is admitted to a public or private mental health facility or hospital as a voluntary consumer, the facility or hospital shall not change the status of the person to an emergency admission unless the hospital or facility receives, before the change in status is made, an application for an emergency admission pursuant to NRS 433A.160 and the certificate of a psychiatrist, psychologist, physician, physician assistant, clinical social worker [,] or advanced practice registered nurse [or accredited agent of the Department] pursuant to NRS 433A.170.
2. A person whose status is changed pursuant to subsection 1 must not be detained in excess of [48] 72 hours after the change in status is made unless, before the close of the business day on which the [48] 72 hours expires, a written petition is filed with the clerk of the district court pursuant to NRS 433A.200.
3. If the period specified in subsection 2 expires on a day on which the office of the clerk of the district court is not open, the written petition must be filed on or before the close of the business day next following the expiration of that period.
Sec. 10. NRS 433A.150 is hereby amended to read as follows:
433A.150 1. Any person alleged to be a person [with] in a mental [illness] health crisis may, upon application pursuant to NRS 433A.160 and subject to the provisions of subsection 2, be detained in a public or private mental health facility or hospital under an emergency admission for evaluation, observation and treatment.
2. Except as otherwise provided in subsection 3, a person detained pursuant to subsection 1 must be released within 72 hours, including weekends and holidays, after the [certificate required pursuant to NRS 433A.170 and the examination required by paragraph (a) of subsection 1 of NRS 433A.165 have been completed, if such an examination is required, or within 72 hours, including weekends and holidays, after the person arrives at the mental health facility or hospital, if an examination is not required by paragraph (a) of subsection 1 of NRS 433A.165,] application for emergency admission or any part of such an application is made pursuant to NRS 433A.160 unless, before the close of the business day on which the 72 hours expires, a written petition for an involuntary court-ordered admission to a mental health facility is filed with the clerk of the district court pursuant to NRS 433A.200, including, without limitation, the documents required pursuant to NRS 433A.210, or the status of the person is changed to a voluntary admission.
3. If the period specified in subsection 2 expires on a day on which the office of the clerk of the district court is not open, the written petition must be filed on or before the close of the business day next following the expiration of that period.
κ2019 Statutes of Nevada, Page 351 (CHAPTER 66, AB 85)κ
Sec. 11. NRS 433A.160 is hereby amended to read as follows:
433A.160 1. Except as otherwise provided in subsection 2, an application for the emergency admission of a person alleged to be a person [with] in a mental [illness] health crisis for evaluation, observation and treatment may only be made by [an accredited agent of the Department,] an officer authorized to make arrests in the State of Nevada or a physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse. The [agent,] officer, physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse may:
(a) Without a warrant:
(1) Take a person alleged to be a person [with] in a mental [illness] health crisis into custody to apply for the emergency admission of the person for evaluation, observation and treatment; and
(2) Transport the person alleged to be a person [with] in a mental [illness] health crisis to a public or private mental health facility or hospital for that purpose, or arrange for the person to be transported by:
(I) A local law enforcement agency;
(II) A system for the nonemergency medical transportation of persons whose operation is authorized by the Nevada Transportation Authority;
(III) An entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421; [or]
(IV) An accredited agent of the Division; or
(V) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,
Κ only if the [agent,] officer, physician, physician assistant, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse , [has,] based upon his or her personal observation of the person [alleged to be a person with mental illness,] , has probable cause to believe that the person [has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty.] is a person in a mental health crisis.
(b) Apply to a district court for an order requiring:
(1) Any peace officer to take a person alleged to be a person [with] in a mental [illness] health crisis into custody to allow the applicant for the order to apply for the emergency admission of the person for evaluation, observation and treatment; and
(2) Any agency, system , agent or service described in subparagraph (2) of paragraph (a) to transport the person alleged to be a person [with] in a mental [illness] health crisis to a public or private mental health facility or hospital for that purpose.
Κ The district court may issue such an order only if it is satisfied that there is probable cause to believe that the person [has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty.] is a person in a mental health crisis.
2. An application for the emergency admission of a person alleged to be a person [with] in a mental [illness] health crisis for evaluation, observation and treatment may be made by a spouse, parent, adult child or legal guardian of the person. The spouse, parent, adult child or legal guardian and any other person who has a legitimate interest in the person alleged to be a person [with] in a mental [illness] health crisis may apply to a district court for an order described in paragraph (b) of subsection 1.
κ2019 Statutes of Nevada, Page 352 (CHAPTER 66, AB 85)κ
in a mental [illness] health crisis may apply to a district court for an order described in paragraph (b) of subsection 1.
3. The application for the emergency admission of a person alleged to be a person [with] in a mental [illness] health crisis for evaluation, observation and treatment must reveal the circumstances under which the person was taken into custody and the reasons therefor.
4. Except as otherwise provided in this subsection, each person admitted to a public or private mental health facility or hospital under an emergency admission must be evaluated at the time of admission by a psychiatrist or a psychologist. If a psychiatrist or a psychologist is not available to conduct an evaluation at the time of admission, a physician or an advanced practice registered nurse who has the training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 may conduct the evaluation. Each such emergency admission must be approved by a psychiatrist.
5. The State Board of Health shall adopt regulations governing the manner in which:
(a) A person may apply to become an accredited agent of the Division; and
(b) Accredited agents of the Division will be monitored and disciplined for professional misconduct.
6. As used in this section, an accredited agent of the [Department] Division means any person [appointed or designated] authorized by the [Director of the Department] Division to [take into custody and] transport to a mental health facility pursuant to [subsections] subparagraph 2 of paragraph (a) of subsection 1 [and 2] those persons in need of emergency admission.
Sec. 12. NRS 433A.165 is hereby amended to read as follows:
433A.165 1. Before a person alleged to be a person [with] in a mental [illness] health crisis may be admitted to a public or private mental health facility pursuant to NRS 433A.160, the person must:
(a) First be examined by a licensed physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS or an advanced practice registered nurse licensed pursuant to NRS 632.237 at any location where such a physician, physician assistant or advanced practice registered nurse is authorized to conduct such an examination to determine whether the person has a medical [problem,] condition, other than a psychiatric [problem,] condition, which requires immediate treatment; and
(b) If such treatment is required, be admitted for the appropriate medical care:
(1) To a hospital if the person is in need of emergency services or care; or
(2) To another appropriate medical facility if the person is not in need of emergency services or care.
2. If a person [with] in a mental [illness] health crisis has a medical [problem] condition in addition to a psychiatric [problem] condition which requires medical treatment that requires more than 72 hours to complete, the licensed physician, physician assistant or advanced practice registered nurse who examined the person must:
(a) On the first business day after determining that such medical treatment is necessary file with the clerk of the district court a written petition to admit the person to a public or private mental health facility pursuant to NRS 433A.160 after the medical treatment has been completed. The petition must:
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(1) Include, without limitation, the medical condition of the person and the purpose for continuing the medical treatment of the person; and
(2) Be accompanied by a copy of the application for the emergency admission of the person required pursuant to NRS 433A.160 and the certificate required pursuant to NRS 433A.170.
(b) Seven days after filing a petition pursuant to paragraph (a) and every 7 days thereafter, file with the clerk of the district court an update on the medical condition and treatment of the person.
3. The examination and any transfer of the person from a facility when the person has an emergency medical condition and has not been stabilized must be conducted in compliance with:
(a) The requirements of 42 U.S.C. § 1395dd and any regulations adopted pursuant thereto, and must involve a person authorized pursuant to federal law to conduct such an examination or certify such a transfer; and
(b) The provisions of NRS 439B.410.
4. The cost of the examination must be paid by the county in which the person alleged to be a person [with] in a mental [illness] health crisis resides if services are provided at a county hospital located in that county or a hospital or other medical facility designated by that county, unless the cost is voluntarily paid by the person alleged to be a person [with] in a mental [illness] health crisis or, on the persons behalf, by his or her insurer or by a state or federal program of medical assistance.
5. The county may recover all or any part of the expenses paid by it, in a civil action against:
(a) The person whose expenses were paid;
(b) The estate of that person; or
(c) A responsible relative as prescribed in NRS 433A.610, to the extent that financial ability is found to exist.
6. The cost of treatment, including hospitalization, for a person who is indigent must be paid pursuant to NRS 428.010 by the county in which the person alleged to be a person [with] in a mental [illness] health crisis resides.
7. The provisions of this section do not require the Division to provide examinations required pursuant to subsection 1 at a division facility if the Division does not have the:
(a) Appropriate staffing levels of physicians, physician assistants, advanced practice registered nurses or other appropriate staff available at the facility as the Division determines is necessary to provide such examinations; or
(b) Appropriate medical laboratories as the Division determines is necessary to provide such examinations.
8. The [Division] State Board of Health shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations that:
(a) Define emergency services or care as that term is used in this section; [and]
(b) Prescribe a procedure to ensure that an examination is performed pursuant to paragraph (a) of subsection 1; and
(c) Prescribe the type of medical facility that a person may be admitted to pursuant to subparagraph (2) of paragraph (b) of subsection 1.
9. As used in this section, medical facility has the meaning ascribed to it in NRS 449.0151.
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Sec. 13. NRS 433A.170 is hereby amended to read as follows:
433A.170 Except as otherwise provided in this section, the administrative officer of a facility operated by the Division or of any other public or private mental health facility or hospital shall not accept an application for an emergency admission under NRS 433A.160 unless that application is accompanied by a certificate of a licensed psychologist, a physician, a physician assistant under the supervision of a psychiatrist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant to NRS 641B.160 [,] or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 [or an accredited agent of the Department] stating that he or she has examined the person alleged to be a person [with] in a mental [illness] health crisis and that he or she has concluded that the person [has] is a person in a mental [illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty.] health crisis. The certificate required by this section may be obtained from a licensed psychologist, physician, physician assistant, clinical social worker [,] or advanced practice registered nurse [or accredited agent of the Department] who is employed by the public or private mental health facility or hospital to which the application is made.
Sec. 14. NRS 433A.190 is hereby amended to read as follows:
433A.190 [Within]
1. The administrative officer of a public or private mental health facility shall ensure that, within 24 hours of [a persons admission under] the emergency admission [,] of a person alleged to be a person in a mental health crisis pursuant to NRS 433A.150, the [administrative officer of a public or private mental health facility] person is asked to give permission to provide notice of the emergency admission to a family member, friend or other person identified by the person.
2. If a person alleged to be a person in a mental health crisis gives permission to notify a family member, friend or other person of the emergency admission, the administrative officer shall [give notice] ensure that:
(a) The permission is recorded in the medical record of the person; and
(b) Notice of [such] the admission is promptly provided to the family member, friend or other person in person [,] or by telephone , [or] facsimile [and by] , other electronic communication or certified mail . [to the spouse or legal guardian of that person.]
3. Except as otherwise provided in subsections 4 and 5, if a person alleged to be a person in a mental health crisis does not give permission to notify a family member, friend or other person of the emergency admission of the person, notice of the emergency admission must not be provided until permission is obtained.
4. If a person alleged to be a person in a mental health crisis is not able to give or refuse permission to notify a family member, friend or other person of the emergency admission, the administrative officer of the mental health facility may cause notice as described in paragraph (b) of subsection 2 to be provided if the administrative officer determines that it is in the best interest of the person in a mental health crisis.
5. If a guardian has been appointed for a person alleged to be a person in a mental health crisis or the person has executed a durable power of attorney for health care pursuant to NRS 162A.700 to 162A.865, inclusive, or appointed an attorney-in-fact using an advance directive for psychiatric care pursuant to NRS 449A.600 to 449A.645, inclusive, the administrative officer of the mental health facility must ensure that the guardian, agent designated by the durable power of attorney or the attorney-in-fact, as applicable, is promptly notified of the admission as described in paragraph (b) of subsection 2, regardless of whether the person alleged to be a person in a mental health crisis has given permission to the notification.
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attorney for health care pursuant to NRS 162A.700 to 162A.865, inclusive, or appointed an attorney-in-fact using an advance directive for psychiatric care pursuant to NRS 449A.600 to 449A.645, inclusive, the administrative officer of the mental health facility must ensure that the guardian, agent designated by the durable power of attorney or the attorney-in-fact, as applicable, is promptly notified of the admission as described in paragraph (b) of subsection 2, regardless of whether the person alleged to be a person in a mental health crisis has given permission to the notification.
Sec. 15. NRS 433A.195 is hereby amended to read as follows:
433A.195 A licensed physician on the medical staff of a facility operated by the Division or of any other public or private mental health facility or hospital may release a person admitted pursuant to NRS 433A.160 upon completion of a certificate which meets the requirements of NRS 433A.197 signed by a licensed physician on the medical staff of the facility or hospital, a physician assistant under the supervision of a psychiatrist, psychologist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant to NRS 641B.160 [,] or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 [or an accredited agent of the Department] stating that he or she has personally observed and examined the person and that he or she has concluded that the person is not a person [with] in a mental [illness.] health crisis.
Sec. 16. NRS 433A.197 is hereby amended to read as follows:
433A.197 1. An application or certificate authorized under subsection 1 of NRS 433A.160 or NRS 433A.170 or 433A.195 must not be considered if made by a psychologist, physician, physician assistant, clinical social worker [,] or advanced practice registered nurse [or accredited agent of the Department] who is related by blood or marriage within the second degree of consanguinity or affinity to the person alleged to be a person [with] in a mental [illness,] health crisis, or who is financially interested in the facility in which the person alleged to be a person [with] in a mental [illness] health crisis is to be detained.
2. An application or certificate of any examining person authorized under NRS 433A.170 must not be considered unless it is based on personal observation and examination of the person alleged to be a person [with] in a mental [illness] health crisis made by such examining person not more than 72 hours prior to the making of the application or certificate. The certificate required pursuant to NRS 433A.170 must set forth in detail the facts and reasons on which the examining person based his or her opinions and conclusions.
3. A certificate authorized pursuant to NRS 433A.195 must not be considered unless it is based on personal observation and examination of the person alleged to be a person [with] in a mental [illness] health crisis made by the examining physician, physician assistant, psychologist, clinical social worker [,] or advanced practice registered nurse . [or accredited agent of the Department.] The certificate authorized pursuant to NRS 433A.195 must describe in detail the facts and reasons on which the examining physician, physician assistant, psychologist, clinical social worker [,] or advanced practice registered nurse [or accredited agent of the Department] based his or her opinions and conclusions.
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Sec. 17. NRS 433A.200 is hereby amended to read as follows:
433A.200 1. Except as otherwise provided in subsection 3 and NRS 432B.6075, a proceeding for an involuntary court-ordered admission of any person in the State of Nevada may be commenced by the filing of a petition for the involuntary admission to a mental health facility or to a program of community-based or outpatient services with the clerk of the district court of the county where the person who is to be treated resides. The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or by any physician, physician assistant, psychologist, social worker or registered nurse [, by an accredited agent of the Department] or by any officer authorized to make arrests in the State of Nevada. The petition must be accompanied:
(a) By a certificate of a physician, a licensed psychologist, a physician assistant under the supervision of a psychiatrist, a clinical social worker who has the psychiatric training and experience prescribed by the Board of Examiners for Social Workers pursuant to NRS 641B.160 [,] or an advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120 [or an accredited agent of the Department] stating that he or she has examined the person alleged to be a person [with] in a mental [illness] health crisis and has concluded that the person [has] is a person in a mental [illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services;] health crisis; or
(b) By a sworn written statement by the petitioner that:
(1) The petitioner has, based upon the petitioners personal observation of the person alleged to be a person [with] in a mental [illness,] health crisis, probable cause to believe that the person [has] is a person in a mental [illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services;] health crisis; and
(2) The person alleged to be a person [with] in a mental [illness] health crisis has refused to submit to examination or treatment by a physician, psychiatrist, licensed psychologist or advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120.
2. Except as otherwise provided in NRS 432B.6075, if the person to be treated is a minor and the petitioner is a person other than a parent or guardian of the minor, a petition submitted pursuant to subsection 1 must, in addition to the certificate or statement required by that subsection, include a statement signed by a parent or guardian of the minor that the parent or guardian does not object to the filing of the petition.
3. A proceeding for the involuntary court-ordered admission of a person who is the defendant in a criminal proceeding in the district court to a program of community-based or outpatient services may be commenced by the district court, on its own motion, or by motion of the defendant or the district attorney if:
(a) The defendant has been examined in accordance with NRS 178.415;
(b) The defendant is not eligible for commitment to the custody of the Administrator pursuant to NRS 178.461; and
(c) The Division makes a clinical determination that placement in a program of community-based or outpatient services is appropriate.
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Sec. 18. NRS 433A.210 is hereby amended to read as follows:
433A.210 In addition to the requirements of NRS 433A.200, a petition filed pursuant to that section with the clerk of the district court to commence proceedings for involuntary court-ordered admission of a person pursuant to NRS 433A.145 or 433A.150 must include a certified copy of:
1. The application for the emergency admission of the person made pursuant to NRS 433A.160; and
2. A petition executed by a psychiatrist, licensed psychologist, physician or advanced practice registered nurse who has the psychiatric training and experience prescribed by the State Board of Nursing pursuant to NRS 632.120, including, without limitation, a sworn statement that:
(a) He or she has examined the person alleged to be a person [with] in a mental [illness;] health crisis;
(b) In his or her opinion, there is a reasonable degree of certainty that the person alleged to be a person [with] in a mental [illness] health crisis suffers from a mental illness;
(c) Based on his or her personal observation of the person alleged to be a person [with] in a mental [illness] health crisis and other facts set forth in the petition, the person [poses] presents a substantial risk of [imminent] serious harm to himself or herself or others [;] , as determined pursuant to section 4 of this act; and
(d) In his or her opinion, involuntary admission of the person alleged to be a person [with] in a mental [illness] health crisis to a mental health facility or hospital is medically necessary to prevent the person from harming himself or herself or others.
Sec. 19. NRS 433A.220 is hereby amended to read as follows:
433A.220 1. Immediately after the clerk of the district court receives any petition filed pursuant to NRS 433A.200 or 433A.210, the clerk shall transmit the petition to the appropriate district judge, who shall set a time, date and place for its hearing. Immediately after a motion is made pursuant to subsection 3 of NRS 433A.200, the district judge shall set a time, date and place for its hearing. The date must be within [5] 6 judicial days after the date on which the petition is received by the clerk or the motion is made, as applicable [.] , unless otherwise stipulated by an attorney representing the person alleged to be a person in a mental health crisis and the district attorney. If the Chief Judge, if any, of the district court has assigned a district court judge or hearing master to preside over such hearings, that judge or hearing master must preside over the hearing.
2. The court shall give notice of the petition or motion and of the time, date and place of any proceedings thereon to the subject of the petition or motion, his or her attorney, if known, the persons legal guardian, the petitioner, if applicable, the district attorney of the county in which the court has its principal office, the local office of an agency or organization that receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801 et seq., to protect and advocate the rights of persons [with mental illness] in a mental health crisis and the administrative office of any public or private mental health facility in which the subject of the petition or motion is detained.
3. The provisions of this section do not preclude a facility from discharging a person before the time set pursuant to this section for the hearing concerning the person, if appropriate. If the person has a legal guardian, the facility shall notify the guardian prior to discharging the person from the facility. The legal guardian has discretion to determine where the person will be released, taking into consideration any discharge plan proposed by the facility assessment team.
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be released, taking into consideration any discharge plan proposed by the facility assessment team. If the legal guardian does not inform the facility as to where the person will be released within 3 days after the date of notification, the facility shall discharge the person according to its proposed discharge plan.
Sec. 20. NRS 433A.230 is hereby amended to read as follows:
433A.230 The court in its discretion may require any petitioner under NRS 433A.200, except [any duly accredited agent of the Department or] any officer authorized to make arrests in the State of Nevada, to file an undertaking with surety to be approved by the court in the amount the court deems proper, conditioned to save harmless the person alleged to be [mentally ill] a person in a mental health crisis by reason of costs incurred, including attorney fees, if any, and damages suffered by the person as a result of such action.
Sec. 21. NRS 433A.280 is hereby amended to read as follows:
433A.280 In proceedings for involuntary court-ordered admission, the court shall hear and consider all relevant testimony, including, but not limited to, the testimony of examining personnel who participated in the evaluation of the person alleged to be a person [with] in a mental [illness] health crisis and the certificates of physicians, certified psychologists or advanced practice registered nurses accompanying the petition, if applicable. The court may consider testimony relating to any past actions of the person alleged to be a person [with] in a mental [illness] health crisis if such testimony is probative of the question of whether the person is presently [mentally ill and presents a clear and present danger of harm to himself or herself or others.] a person in a mental health crisis.
Sec. 22. NRS 433A.310 is hereby amended to read as follows:
433A.310 1. Except as otherwise provided in subsection 2 and NRS 432B.6076 and 432B.6077, if the district court finds, after proceedings for the involuntary court-ordered admission of a person:
(a) That there is not clear and convincing evidence that the person with respect to whom the hearing was held [has a mental illness or exhibits observable behavior such that the person is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services,] is a person in a mental health crisis, the court shall enter its finding to that effect and the person must not be involuntarily admitted to a public or private mental health facility or to a program of community-based or outpatient services. If the person has been admitted to a public or private mental health facility or hospital pursuant to NRS 433A.160, the court must issue a written order requiring the facility or hospital to release the person not later than 24 hours after the court issues the order, unless the person applies for admission as a voluntary consumer pursuant to NRS 433A.140.
(b) That there is clear and convincing evidence that the person with respect to whom the hearing was held [has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services,] is a person in a mental health crisis, the court may order the involuntary admission of the person for the most appropriate course of treatment, including, without limitation, admission to a public or private mental health facility or participation in a program of community-based or outpatient services. The order of the court must be interlocutory and must not become final if, within 30 days after the involuntary admission, the person is unconditionally released pursuant to NRS 433A.390.
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2. If the district court finds, after proceedings for the involuntary court-ordered admission of a defendant in a criminal proceeding pursuant to subsection 3 of NRS 433A.200:
(a) That there is not clear and convincing evidence that the defendant with respect to whom the hearing was held [has a mental illness or exhibits observable behavior such that the defendant is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services,] is a person in a mental health crisis, the court shall enter its finding to that effect and the person must not be involuntarily admitted to a program of community-based or outpatient services.
(b) That there is clear and convincing evidence that the defendant with respect to whom the hearing was held [has a mental illness and, because of that illness, is likely to harm himself or herself or others if allowed his or her liberty or if not required to participate in a program of community-based or outpatient services,] is a person in a mental health crisis, except as otherwise provided in this paragraph, the court shall order the involuntary admission of the defendant for participation in a program of community-based or outpatient services and suspend further proceedings in the criminal proceeding against the defendant until the defendant completes or is removed from the program. If the offense allegedly committed by the defendant is a category A or B felony or involved the use or threatened use of force or violence, the court may not order the involuntary admission of the defendant for participation in a program pursuant to this paragraph unless the prosecuting attorney stipulates to the assignment. The order of the court must be interlocutory and must not become final if, within 30 days after the involuntary admission, the person is unconditionally released pursuant to NRS 433A.390. If the defendant successfully completes a program of community-based or outpatient services to the satisfaction of the court, the court shall dismiss the criminal charges against the defendant with prejudice.
3. If, pursuant to NRS 176A.400, the district court issues an order granting probation to a defendant in a criminal proceeding with a condition that the defendant submit to mental health treatment and comply with instructions, admission to a program of community-based or outpatient services may be used to satisfy such a condition if the Division makes a clinical determination that placement in a program of community-based or outpatient services is appropriate.
4. A court shall not admit a person to a program of community-based or outpatient services unless:
(a) A program of community-based or outpatient services is available in the community in which the person resides or is otherwise made available to the person;
(b) The person is 18 years of age or older;
(c) The person has a history of noncompliance with treatment for mental illness;
(d) The person is capable of surviving safely in the community in which he or she resides with available supervision;
(e) The court determines that, based on the persons history of treatment for mental illness, the person needs to be admitted to a program of community-based or outpatient services to prevent further disability or deterioration of the person which [is likely to result in] presents a substantial likelihood of serious harm to himself or herself or others [;] , as determined pursuant to section 4 of this act;
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(f) The current mental status of the person or the nature of the persons illness limits or negates his or her ability to make an informed decision to seek treatment for mental illness voluntarily or to comply with recommended treatment for mental illness;
(g) The program of community-based or outpatient services is the least restrictive treatment which is in the best interest of the person; and
(h) The court has approved a plan of treatment developed for the person pursuant to NRS 433A.315.
5. Except as otherwise provided in NRS 432B.608, an involuntary admission pursuant to paragraph (b) of subsection 1 or paragraph (b) of subsection 2 automatically expires at the end of 6 months if not terminated previously by the medical director of the public or private mental health facility as provided for in subsection 2 of NRS 433A.390 or by the professional responsible for providing or coordinating the program of community-based or outpatient services as provided for in subsection 3 of NRS 433A.390. Except as otherwise provided in NRS 432B.608, at the end of the court-ordered period of treatment, the Division, any mental health facility that is not operated by the Division or a program of community-based or outpatient services may petition to renew the involuntary admission of the person for additional periods not to exceed 6 months each. For each renewal, the petition must include evidence which meets the same standard set forth in subsection 1 or 2 that was required for the initial period of admission of the person to a public or private mental health facility or to a program of community-based or outpatient services.
6. Before issuing an order for involuntary admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive appropriate environment, including involuntary admission to a program of community-based or outpatient services, as suggested by the evaluation team who evaluated the person, or other persons professionally qualified in the field of psychiatric mental health, which the court believes may be in the best interests of the person.
7. If the court issues an order involuntarily admitting a person to a public or private mental health facility or to a program of community-based or outpatient services pursuant to this section, the court shall, notwithstanding the provisions of NRS 433A.715, cause, within 5 business days after the order becomes final pursuant to this section, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to:
(a) The Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System; and
(b) Each law enforcement agency of this State with which the court has entered into an agreement for such transmission, along with a statement indicating that the record is being transmitted for inclusion in each of this States appropriate databases of information relating to crimes.
8. As used in this section, National Instant Criminal Background Check System has the meaning ascribed to it in NRS 179A.062.
Sec. 23. NRS 433A.327 is hereby amended to read as follows:
433A.327 1. Except as otherwise provided in subsection 3, any person involuntarily admitted to a program of community-based or outpatient services may be conditionally released from the program when, in the judgment of the professional responsible for providing or coordinating the program of community-based or outpatient services, the person does not present a [danger] substantial likelihood of serious harm to himself or herself or others.
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community-based or outpatient services, the person does not present a [danger] substantial likelihood of serious harm to himself or herself or others. The professional responsible for providing or coordinating the program of community-based or outpatient services shall prescribe the period for which the conditional release is effective. The period must not extend beyond the last day of the court-ordered period of admission to a program of community-based or outpatient services pursuant to NRS 433A.310.
2. When a person is conditionally released pursuant to subsection 1, the State of Nevada, the agents and employees of the State or a mental health facility, the professionals responsible for providing or coordinating programs of community-based or outpatient services and any other professionals providing mental health services are not liable for any debts or contractual obligations incurred, medical or otherwise, or damages caused by the actions of the person who is released.
3. A person who is involuntarily admitted to a program of community-based or outpatient services may be conditionally released only if, at the time of the release, written notice is given to the court which ordered the person to participate in the program, to the attorney of the person and to the district attorney of the county in which the proceedings for admission were held.
4. Except as otherwise provided in subsection 6, the professional responsible for providing or coordinating the program of community-based or outpatient services shall order a person who is conditionally released pursuant to subsection 1 to resume participation in the program if the professional determines that the conditional release is no longer appropriate because that person presents a [clear and present danger] substantial likelihood of serious harm to himself or herself or others [.] , as determined pursuant to section 4 of this act. Except as otherwise provided in this subsection, the professional responsible for providing or coordinating the program of community-based or outpatient services shall, at least 3 days before the issuance of the order to resume participation, give written notice of the order to the court that admitted the person to the program. If an emergency exists in which the person presents [an imminent threat of danger] a substantial likelihood of serious harm to himself or herself or others, the order must be submitted to the court not later than 1 business day after the order is issued.
5. The court shall review an order submitted pursuant to subsection 4 and the current condition of the person who was ordered to resume participation in a program of community-based or outpatient services at the next regularly scheduled hearing for the review of petitions for involuntary admissions, but in no event later than 5 judicial days after participation in the program is resumed. The court shall serve notice on the person who was ordered to resume participation in the program and to his or her attorney of the time, date and place of the hearing and of the facts necessitating that the person resume participation in the program.
6. The provisions of subsection 4 do not apply if the period of conditional release has expired.
Sec. 24. NRS 433A.330 is hereby amended to read as follows:
433A.330 [1.] When an involuntary court admission to a mental health facility is ordered under the provisions of this chapter, the involuntarily admitted person, together with the court orders and certificates of the physicians, certified psychologists, advanced practice registered nurses or evaluation team and a full and complete transcript of the notes of the official reporter made at the examination of such person before the court, must be delivered to the sheriff of the county who shall:
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reporter made at the examination of such person before the court, must be delivered to the sheriff of the county who shall:
[(a)] 1. Transport the person; or
[(b)] 2. Arrange for the person to be transported by:
[(1)] (a) A system for the nonemergency medical transportation of persons whose operation is authorized by the Nevada Transportation Authority; or
[(2)] (b) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,
Κ to the appropriate public or private mental health facility.
[2. No person with mental illness may be transported to the mental health facility without at least one attendant of the same sex or a relative in the first degree of consanguinity or affinity being in attendance.]
Sec. 25. NRS 433A.360 is hereby amended to read as follows:
433A.360 1. A clinical record for each consumer must be diligently maintained by any division facility, private institution, facility offering mental health services or program of community-based or outpatient services. The record must include information pertaining to the consumers admission, legal status, treatment and individualized plan for habilitation. The clinical record is not a public record and no part of it may be released, except [:] as otherwise provided in subsection 2 or except:
(a) If the release is authorized or required pursuant to NRS 439.538.
(b) The record must be released to physicians, advanced practice registered nurses, attorneys and social agencies as specifically authorized in writing by the consumer, the consumers parent, guardian or attorney.
(c) The record must be released to persons authorized by the order of a court of competent jurisdiction.
(d) The record or any part thereof may be disclosed to a qualified member of the staff of a division facility, an employee of the Division or a member of the staff of an agency in Nevada which has been established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq., or the Protection and Advocacy for Mentally Ill Individuals Act of 1986, 42 U.S.C. §§ 10801 et seq., when the Administrator deems it necessary for the proper care of the consumer.
(e) Information from the clinical records may be used for statistical and evaluative purposes if the information is abstracted in such a way as to protect the identity of individual consumers.
(f) To the extent necessary for a consumer to make a claim, or for a claim to be made on behalf of a consumer for aid, insurance or medical assistance to which the consumer may be entitled, information from the records may be released with the written authorization of the consumer or the consumers guardian.
(g) The record must be released without charge to any member of the staff of an agency in Nevada which has been established pursuant to 42 U.S.C. §§ 15001 et seq. or 42 U.S.C. §§ 10801 et seq. if:
(1) The consumer is a consumer of that office and the consumer or the consumers legal representative or guardian authorizes the release of the record; or
(2) A complaint regarding a consumer was received by the office or there is probable cause to believe that the consumer has been abused or neglected and the consumer:
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(I) Is unable to authorize the release of the record because of the consumers mental or physical condition; and
(II) Does not have a guardian or other legal representative or is a ward of the State.
(h) The record must be released as provided in NRS 433.332 or 433B.200 and in chapter 629 of NRS.
2. A division facility, private institution, facility offering mental health services or program of community-based or outpatient services and any other person or entity having information concerning a consumer, including, without limitation, a clinical record, any part thereof or any information contained therein, may disclose such information to a provider of health care to assist with treatment provided to the consumer.
3. As used in this section [, consumer] :
(a) Consumer includes any person who seeks, on the persons own or others initiative, and can benefit from, care, treatment and training in a private institution or facility offering mental health services, from treatment to competency in a private institution or facility offering mental health services, or from a program of community-based or outpatient services.
(b) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 26. NRS 433A.380 is hereby amended to read as follows:
433A.380 1. Except as otherwise provided in subsection 4, any person involuntarily admitted by a court may be conditionally released from a public or private mental health facility when, in the judgment of the medical director of the facility, the conditional release is in the best interest of the person and will not be detrimental to the public welfare. The medical director of the facility or the medical directors designee shall prescribe the period for which the conditional release is effective. The period must not extend beyond the last day of the court-ordered period of treatment pursuant to NRS 433A.310. If the person has a legal guardian, the facility shall notify the guardian before discharging the person from the facility. The legal guardian has discretion to determine where the person will be released, taking into consideration any discharge plan proposed by the facility assessment team. If the legal guardian does not inform the facility as to where the person will be released within 3 days after the date of notification, the facility shall discharge the person according to its proposed discharge plan.
2. When a person is conditionally released pursuant to subsection 1, the State or any of its agents or employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the person.
3. When a person who has been adjudicated by a court to be incapacitated is conditionally released from a mental health facility, the administrative officer of the mental health facility shall petition the court for restoration of full civil and legal rights as deemed necessary to facilitate the incapacitated persons rehabilitation. If the person has a legal guardian, the petition must be filed with the court having jurisdiction over the guardianship.
4. A person who was involuntarily admitted by a court because he or she was likely to present a substantial likelihood of serious harm to himself or herself or others [if allowed to remain at liberty] , as determined pursuant to section 4 of this act, may be conditionally released only if, at the time of the release, written notice is given to the court which admitted him or her, to the persons legal guardian and to the district attorney of the county in which the proceedings for admission were held.
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to the persons legal guardian and to the district attorney of the county in which the proceedings for admission were held.
5. Except as otherwise provided in subsection 7, the administrative officer of a public or private mental health facility or the administrative officers designee shall order a person who is conditionally released from that facility pursuant to this section to return to the facility if a psychiatrist and a member of that persons treatment team who is professionally qualified in the field of psychiatric mental health determine [, pursuant to NRS 433A.115,] that the conditional release is no longer appropriate because that person presents a [clear and present danger] substantial likelihood of serious harm to himself or herself or others [.] , as determined pursuant to section 4 of this act. Except as otherwise provided in this subsection, the administrative officer or the designee shall, at least 3 days before the issuance of the order to return, give written notice of the order to the court that admitted the person to the facility and to the persons legal guardian. If an emergency exists in which the person presents [an imminent threat of danger] a substantial likelihood of harm to himself or herself or others, as determined pursuant to section 4 of this act, the order must be submitted to the court and the legal guardian not later than 1 business day after the order is issued.
6. The court shall review an order submitted pursuant to subsection 5 and the current condition of the person who was ordered to return to the facility at its next regularly scheduled hearing for the review of petitions for involuntary court-ordered admissions, but in no event later than 5 judicial days after the person is returned to the facility. The administrative officer or the administrative officers designee shall give written notice to the person who was ordered to return to the facility, to the persons legal guardian and to the persons attorney, if known, of the time, date and place of the hearing and of the facts necessitating that persons return to the facility.
7. The provisions of subsection 5 do not apply if the period of conditional release has expired.
Sec. 27. NRS 433A.390 is hereby amended to read as follows:
433A.390 1. When a consumer, involuntarily admitted to a mental health facility or to a program of community-based or outpatient services by court order, is released at the end of the period specified pursuant to NRS 433A.310, written notice must be given to the admitting court and to the consumers legal guardian at least 10 days before the release of the consumer. The consumer may then be released without requiring further orders of the court. If the consumer has a legal guardian, the facility or the professional responsible for providing or coordinating the program of community-based or outpatient services shall notify the guardian before discharging the consumer from the facility or program. The legal guardian has discretion to determine where the consumer will be released, taking into consideration any discharge plan proposed by the facility assessment team or the professional responsible for providing or coordinating the program of community-based or outpatient services. If the legal guardian does not inform the facility or professional as to where the consumer will be released within 3 days after the date of notification, the facility or professional shall discharge the consumer according to its proposed discharge plan.
2. A consumer who is involuntarily admitted to a mental health facility may be unconditionally released before the period specified in NRS 433A.310 when:
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(a) An evaluation team established under NRS 433A.250 or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, determines that the consumer [has recovered from his or her mental illness or has improved to such an extent that the consumer is no longer considered to present a clear and present danger of harm to himself or herself or others;] is no longer a person in a mental health crisis; and
(b) Under advisement from the evaluation team or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, the medical director of the mental health facility authorizes the release and gives written notice to the admitting court and to the consumers legal guardian at least 10 days before the release of the consumer. If the consumer has a legal guardian, the facility shall notify the guardian before discharging the consumer from the facility. The legal guardian has discretion to determine where the consumer will be released, taking into consideration any discharge plan proposed by the facility assessment team. If the legal guardian does not inform the facility as to where the consumer will be released within 3 days after the date of notification, the facility shall discharge the consumer according to its proposed discharge plan.
3. A consumer who is involuntarily admitted to a program of community-based or outpatient services may be unconditionally released before the period specified in NRS 433A.310 when:
(a) The professional responsible for providing or coordinating the program of community-based or outpatient services for the consumer determines that the consumer [has recovered from his or her mental illness or has improved to such an extent that the consumer is no longer considered to present a clear and present danger of harm to himself or herself or others;] is no longer a person in a mental health crisis; and
(b) Under advisement from an evaluation team established under NRS 433A.250 or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, the professional responsible for providing or coordinating the program of community-based or outpatient services for the consumer authorizes the release and gives written notice to the admitting court at least 10 days before the release of the consumer from the program.
Sec. 28. NRS 433A.715 is hereby amended to read as follows:
433A.715 1. A court shall seal all court records relating to the admission and treatment of any person who was admitted, voluntarily or as the result of a noncriminal proceeding, to a public or private hospital, a mental health facility or a program of community-based or outpatient services in this State for the purpose of obtaining mental health treatment.
2. Except as otherwise provided in subsections 4, 5 and 6, a person or governmental entity that wishes to inspect records that are sealed pursuant to this section must file a petition with the court that sealed the records. Upon the filing of a petition, the court shall fix a time for a hearing on the matter. The petitioner must provide notice of the hearing and a copy of the petition to the person who is the subject of the records. If the person who is the subject of the records wishes to oppose the petition, the person must appear before the court at the hearing. If the person appears before the court at the hearing, the court must provide the person an opportunity to be heard on the matter.
3. After the hearing described in subsection 2, the court may order the inspection of records that are sealed pursuant to this section if:
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(a) A law enforcement agency must obtain or maintain information concerning persons who have been admitted to a public or private hospital, a mental health facility or a program of community-based or outpatient services in this State pursuant to state or federal law;
(b) A prosecuting attorney or an attorney who is representing the person who is the subject of the records in a criminal action requests to inspect the records; or
(c) The person who is the subject of the records petitions the court to permit the inspection of the records by a person named in the petition.
4. A governmental entity is entitled to inspect court records that are sealed pursuant to this section without following the procedure described in subsection 2 if:
(a) The governmental entity has made a conditional offer of employment to the person who is the subject of the records;
(b) The position of employment conditionally offered to the person concerns public safety, including, without limitation, employment as a firefighter or peace officer;
(c) The governmental entity is required by law, rule, regulation or policy to obtain the mental health records of each individual conditionally offered the position of employment; and
(d) An authorized representative of the governmental entity presents to the court a written authorization signed by the person who is the subject of the records and notarized by a notary public or judicial officer in which the person who is the subject of the records consents to the inspection of the records.
5. Upon the request of a public or private hospital or a mental health facility to which a person has been admitted in this State, the court shall:
(a) Authorize the release of a copy of any order which was entered by the court pursuant to paragraph (b) of subsection 1 of NRS 433A.310 if:
(1) The request is in writing and includes the name and date of birth of the person who is the subject of the requested order; and
(2) The hospital or facility certifies that:
(I) The person who is the subject of the requested order is, at the time of the request, admitted to the hospital or facility and is being treated for an alleged mental illness; and
(II) The requested order is necessary to improve the care which is being provided to the person who is the subject of the order.
(b) Place the request in the record under seal.
6. Upon its own order, any court of this State may inspect court records that are sealed pursuant to this section without following the procedure described in subsection 2 if the records are necessary and relevant for the disposition of a matter pending before the court. The court may allow a party in the matter to inspect the records without following the procedure described in subsection 2 if the court deems such inspection necessary and appropriate.
7. Following the sealing of records pursuant to this section, the admission of the person who is the subject of the records to the public or private hospital, mental health facility or program of community-based or outpatient services, is deemed never to have occurred, and the person may answer accordingly any question related to its occurrence, except in connection with:
(a) An application for a permit to carry a concealed firearm pursuant to the provisions of NRS 202.3653 to 202.369, inclusive;
(b) A transfer of a firearm; or
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(c) An application for a position of employment described in subsection 4.
8. A court may disclose information contained in a record sealed pursuant to this section to a provider of health care to assist with treatment provided to the consumer.
9. As used in this section:
(a) Firefighter means a person who is a salaried employee of a fire-fighting agency and whose principal duties are to control, extinguish, prevent and suppress fires. As used in this paragraph, fire-fighting agency means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.
(b) Peace officer has the meaning ascribed to it in NRS 289.010.
(c) Provider of health care has the meaning ascribed to it in NRS 629.031.
(d) Seal means placing records in a separate file or other repository not accessible to the general public.
Sec. 29. NRS 433A.750 is hereby amended to read as follows:
433A.750 1. A person who:
(a) Without probable cause for believing a person [to be mentally ill] is a person in a mental health crisis causes or conspires with or assists another to cause the involuntary court-ordered admission of the person under this chapter; or
(b) Causes or conspires with or assists another to cause the denial to any person of any right accorded to the person under this chapter,
Κ is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. Unless a greater penalty is provided in subsection 1, a person who knowingly and willfully violates any provision of this chapter regarding the admission of a person to, or discharge of a person from, a public or private mental health facility or a program of community-based or outpatient services is guilty of a gross misdemeanor.
3. A person who, without probable cause for believing another person [to be mentally ill,] is a person in a mental health crisis, executes a petition, application or certificate pursuant to this chapter, by which the person secures or attempts to secure the apprehension, hospitalization, detention, admission or restraint of the person alleged to be [mentally ill,] a person in a mental health crisis, or any physician, psychiatrist, licensed psychologist, advanced practice registered nurse or other person professionally qualified in the field of psychiatric mental health who knowingly makes any false certificate or application pursuant to this chapter as to the mental condition of any person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 30. NRS 449A.245 is hereby amended to read as follows:
449A.245 1. Chemical restraint may only be used on a person with a disability who is a patient at a facility if:
(a) The patient has been diagnosed as a person [with] in a mental [illness,] health crisis, as defined in NRS 433A.115, and is receiving mental health services from a facility;
(b) The chemical restraint is administered to the patient while he or she is under the care of the facility;
(c) An emergency exists that necessitates the use of chemical restraint;
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(d) A medical order authorizing the use of chemical restraint is obtained from the patients attending physician, psychiatrist or advanced practice registered nurse;
(e) The physician, psychiatrist or advanced practice registered nurse who signed the order required pursuant to paragraph (d) examines the patient not later than 1 working day immediately after the administration of the chemical restraint; and
(f) The chemical restraint is administered by a person licensed to administer medication.
2. If chemical restraint is used on a person with a disability who is a patient, the use of the procedure must be reported as a denial of rights pursuant to NRS 449A.263, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.
Sec. 31. 1. The amendatory provisions of NRS 433A.140, as amended by section 8 of this act, apply to any person:
(a) Who has been admitted to a public or private mental health facility; and
(b) Whose status is that of a voluntary consumer on or after January 1, 2020, regardless of the date on which he or she was admitted.
2. The amendatory provisions of NRS 433A.145, 433A.150 and 433A.310, as amended by sections 9, 10 and 22 of this act, respectively, apply to any person:
(a) Who has been admitted to a public or private mental health facility; and
(b) Whose status is that of an emergency consumer on or after January 1, 2020, regardless of the date on which he or she was admitted.
Sec. 32. The Legislative Counsel shall, in preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the term person in a mental health crisis for the term person with mental illness as previously used in chapter 433A of NRS.
Sec. 33. This act becomes effective upon passage and approval.
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