Nevada 2017 Regular Session Status: Enacted

AB 46 — Revises provisions governing services provided to persons with mental illness and other disabilities. (BDR 39-132)

Last action — Approved by the Governor. Chapter 269.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 17, 2016. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

432 added · 464 removed

Plain-language change summary

The latest version of Assembly Bill No. 46 clarifies that providers of community-based living arrangement services for people with mental illnesses will not need to adhere to some existing licensing and regulatory requirements. This change aims to make it easier for these services to be provided, which could improve access to support for individuals needing assistance. Additionally, the bill now mandates that those offering these services must consider specific factors when placing individuals, ensuring a more personalized approach to care. Overall, these adjustments are designed to enhance service delivery while balancing regulatory oversight.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§ 6) (Reprinted with amendments adopted on May 22, 2017) SECOND REPRINT A.B.
Assembly Bill No.
46 ASSEMBLY BILL NO .
46–Committee on Health and Human Services CHAPTER..........
46–COMMITTEE ON H EALTH AND H UMAN SERVICES (O NB EHALF OF THE D IVISION OFPUBLIC AND BEHAVIORAL H EALTH OF THE D EPARTMENT OFH EALTH AND H UMAN SERVICES) PREFILED N OVEMBER 17, 2016 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing services provided to persons with mental illness and other disabilities.
(BDR 39-132) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Executive Budget.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(1) imposes certain requirements relating to supported living arrangement services provided to persons with intellectual disabilities and related Department of Health and Human Services to take certain actions to regulate thee provision of such services.
(1) imposes certain requirements relating to supported living arrangement services provided to persons with intellectual disabilities and related conditions;
(NRS 435.3305-435.339) Sections 2-12 of this bill enact similar provisions that apply to community-based living arrangement services.
and (2) authorizes the Aging and Disability Services Division of the Department of Health and Human Services to take certain actions to regulate the provision of such services.
Section 4 defines “community-based living arrangement services” to mean flexible, individualized services provided in the home to persons with mental illness or persons with related conditions that are designed to help such persons maximize their independence.
(NRS 435.3305-435.339) Sections 2-12 of this bill enact similar provisions that apply to community-based living arrangement mean flexible, individualized services provided in the home to persons with mental illness or persons with related conditions that are designed to help such persons maximize their independence.
- *AB46_R2* – 2 – Section 5 requires a person or entity to be certified by the Division of Public and Behavioral Health of the Department or be a natural person who is employed by the holder of a certificate before providing community-based living arrangement services.
Section 5 requires a person or entity to be certified by the Division of Public and Behavioral Health of the Department or be a natural person who is employed by the holder of a certificate before providing community-based living arrangement services.
(1) requires the State Board of Health to adopt regulations governing community-based living arrangement services;
(1) requires the State Board of Health to adopt regulations Board to impose a fee for the issuance or renewal of a certificate.
and (2) authorizes the Board to impose a fee for the issuance or renewal of a certificate.
(1) requires an applicant for renewal of a certificate who has a state business and (2) prohibits the renewal of a certificate if the applicant fails to provide such information or is delinquent on a debt to a state agency.
(1) requires an applicant for renewal of a certificate who has a state business registration to provide his or her business identification number in the application;
Section 8 authorizes the Division to investigate an applicant for the issuance or renewal of a certificate or a provider of community-based living arrangement services against whom a complaint has been filed.
and (2) prohibits the renewal of a certificate if the applicant fails to provide such information or is delinquent on a debt to a state agency.
Section 8 also authorizes the Division to employ such persons and enter into such agreements as are necessary to carry out provisions of law governing community-based living arrangement services.
Section 8 authorizes the Division to investigate an applicant for the issuance or renewal of a certificate or a provider of community-based living arrangement Division to employ such persons and enter into such agreements as are necessary to carry out provisions of law governing community-based living arrangement services.
Section 9 authorizes the Division to bring an action to enjoin any person certificate or after a certificate has been revoked or suspended.s without a Existing federal law requires each state to adopt procedures to ensure that applicants for certain licenses and certificates comply with child support obligations.
Section 9 authorizes the Division to bring an action to enjoin any person or entity who provides community-based living arrangement services without a certificate or after a certificate has been revoked or suspended.
(42 U.S.C.
Existing federal law requires each state to adopt procedures to ensure that applicants for certain licenses and certificates comply with child support applicants for certificates in order to comply with federal law.res applicable to Section 12.5 of this bill requires any person or entity that determines the placement of a person with a mental illness or a person with a related condition to - 79th Session (2017) – 2 – consider the ability of a facility or provider of services to meet the needs of the person and ensure the safety of the person.
§ 666) Sections 10-12 enact such procedures applicable to applicants for certificates in order to comply with federal law.
Certain providers of nursing services are subject to regulation under existing of this bill exempt providers of community-based living arrangement services from those provisions.
Section 12.5 of this bill requires any person or entity that determines the placement of a person with a mental illness or a person with a related condition to consider the ability of a facility or provider of services to meet the needs of the perCertain providers of nursing services are subject to regulation under existing law as medical facilities.
Existing law defines “supported living arrangement services” to mean flexible, individualized services provided in the home, for compensation, to a person with an intellectual disability or a person with a related condition that are designed and coordinated to assist the person in maximizing the person’s in which community-based living arrangement services or supported livingt a home arrangement services are provided does not constitute a residential facility for groups or a home for individual residential care subject to regulation under chapter of NRS.
(NRS 449.0015, 449.0151, 449.0153) Sections 16 and 19 of this bill exempt providers of community-based living arrangement services from those provisions.
Section 17 of this bill provides that an agency that contracts with the Aging and Disability Services Division of the Department to provide temporary provide a respite to the person’s regular caregiver, is not an agency to provideo personal care services in the home subject to regulation under chapter 449 of NRS.
Existing law defines “supported living arrangement services” to mean flexible, individualized services provided in the home, for compensation, to a person with an intellectual disability or a person with a related condition that are designed and coordinated to assist the person in maximizing the person’s independence.
EXPLANATION – Matter in bolded italics is new;
(NRS 435.3315) Sections 18 and 20 of this bill clarify that a home arrangement services are provided does not constitute a residential facility for groups or a home for individual residential care subject to regulation under chapter 449 of NRS.
matter between brackets [omitted material] is material to be omitted.
Section 17 of this bill provides that an agency that contracts with the Aging and Disability Services Division of the Department to provide temporary respite services, which are services provided to a natural person periodically to provide a respite to the person’s regular caregiver, is not an agency to provide personal care services in the home subject to regulation under chapter 449 of NRS.
As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined - *AB46_R2* – 3 – in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
2.
- 79th Session (2017) – 3 – 2.
The State Board of Health shall adopt regulations governing services, including, without limitation, regulations that set forth:
The State Board of Health shall adopt regulations that set forth:ces, including, without limitation, (a) Standards for the provision of quality care by a provider of services;
(a) Standards for the provision of quality care by a provider of services;
In addition to any other requirements set forth in this chapter and the regulations adopted pursuant to section 6 of this act, an applicant for the renewal of a certificate must indicate in the application submitted to the Division whether the applicant - *AB46_R2* – 4 – has a state business registration.
In addition to any other requirements set forth in this chapter and the regulations adopted pursuant to section 6 of this act, an applicant for the renewal of a certificate must indicate in the application submitted to the Division whether the applicant business registration, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
If the applicant has a state business registration, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
3.
- 79th Session (2017) – 4 – 3.
1.
investigation into the qualifications of the personnel, methods ofan operation, policies and purposes of the applicant;
Upon receipt of an application for a certificate, conduct an investigation into the qualifications of the personnel, methods of operation, policies and purposes of the applicant;
A natural person who applies for the issuance or renewal of a certificate must submit to the Division the statement prescribed by the Division of Welfare and Supportive - *AB46_R2* – 5 – Services of the Department pursuant to NRS 425.520.
A natural person who applies for the issuance or renewal of a certificate must submit to the Division the Services of the Department pursuant to NRS 425.520.
The statement must be completed and signed by the applicant.
Theportive statement must be completed and signed by the applicant.
or (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
or (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a - 79th Session (2017) – 5 – plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
If an applicant indicates on the statement submitted order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
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The Division shall reinstate a certificate that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose - *AB46_R2* – 6 – certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
The Division shall reinstate a certificate that has been Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
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 related condition 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:
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 related condition 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- - 79th Session (2017) – 6 – 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;
(a) Adequately addressing the needs of the person for care and services, including, without limitation, the administration of med(b) Ensuring the safety of the person in the event of a fire or other emergency.
and (b) Ensuring the safety of the person in the event of a fire or other emergency.
(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;
(a) Any oral or written comment made or submitted to it by members of the public or by persons or facilities affected by the reg(b) The effect of the regulation on the cost of health care in this State;
(b) The effect of the regulation on the cost of health care in this State;
and - *AB46_R2* – 7 – (d) Any other related factor the Committee deems appropriate.
and (d) Any other related factor the Committee deems appropriate.
Sec.
- 79th Session (2017) – 7 – Sec.
449.001.
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.0195, inclusive, and section 14 of this act have the meanings ascribed to them in those sections.
15.
NRS 449.001 is hereby amended to read as follows:
449.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.0195, inclusive, and section 14 of this act have the meanings ascribed to them in those sections.
Sec.
“Agency to provide personal care services in the home” means any person, other than a natural person, which provides in the home the services authorized pursuant to NRS 449.1935 to elderly persons or persons with disabilities.
“Agency to provide personal care services in the home” means any person, other than a natural person, which provides in the home the services authorized pursuant to NRS 4492.935The term does not include:sons with disabilities.
2.
The term does not include:
- *AB46_R2* – 8 – (1) The organization of the group of persons is set forth in a written document that is made available for review by the Division upon request;
(1) The organization of the group of persons is set forth in a written document that is made available for review by the Division upon request;
or (d) A person or agency that contracts with the Aging and Disability Services Division of the Department of Health and Human Services to provide temporary respite services.
or - 79th Session (2017) – 8 – (d) A person or agency that contracts with the Aging and Disability Services Division of the Department of Health and Human Services to provide temporary respite services.
(a) “Intermediary service organization” has the meaning ascribed to it in NRS 449.4304.
ascribed to it in NRS 449.4304.ganization” has the meaning (b) “Temporary respite services” means services provided through a contract with the Aging and Disability Services Division of the Department of Health and Human Services to a natural person on a periodic basis to provide a respite for a regular provider of services.
(b) “Temporary respite services” means services provided through a contract with the Aging and Disability Services Division of the Department of Health and Human Services to a natural person on a periodic basis to provide a respite for a regular provider of services.
Sec.
449.0153 N1.
19.
4“Nursing pool” means a person or agency which provides for compensation, through its employees or by contractual arrangement with other persons, nursing services to any natural person, medical facility or facility for the dependent.
NRS 449.0153 is hereby amended to read as follows:
449.0153 1.
“Nursing pool” means a person or agency which provides for compensation, through its employees or by contractual arrangement with other persons, nursing services to any natural person, medical facility or facility for the dependent.
[or - *AB46_R2* – 9 – 3.] (c) A provider of community-based living arrangement services during any period in which the provider of community- based living arrangement services is engaged in providing community-based living arrangement services;
[or 3.] (c) A provider of community-based living arrangement services during any period in which the provider of community- based living arrangement services is engaged in providing community-based living arrangement services;
or (d) A provider of supported living arrangement services during any period in which the provider of supported living arrangement services is engaged in providing supported living arrangement services.
or - 79th Session (2017) – 9 – (d) A provider of supported living arrangement services during any period in which the provider of supported living arrangement services is engaged in providing supported living arrangement services.
Sec.
449.017.
20.
1.
NRS 449.017 is hereby amended to read as follows:
Except as otherwise provided in subsection 2,:
449.017 1.
“residential facility for groups” means an establishment that furnishes food, shelter, assistance and limited supervision to a person with an intellectual disability or with a physical disability or a person who is aged or infirm.
Except as otherwise provided in subsection 2, “residential facility for groups” means an establishment that furnishes food, shelter, assistance and limited supervision to a person with an intellectual disability or with a physical disability or a person who is aged or infirm.
2.
persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this chapter.
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.
The practice of nursing in this State by any legally qualified nurse or nursing assistant of another state whose engagement - *AB46_R2* – 10 – 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.
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 - 79th Session (2017) – 10 – 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.
who is employed by the United States Government, or any bureau,state 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.
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.
¬ As used in this subsection, “community-based living arrangement services” has the meaning ascribed to it in section 4 of this act.
arrangement services” has the meaning ascribed to it in section 4 of this act.
- *AB46_R2* – 11 – Sec.
- 79th Session (2017) – 11 – Sec.
H - *AB46_R2*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 269.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 748 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint .

  7. Read second time. Amended. (Amend. No. 748.) To printer.

  8. Placed on Second Reading File.

  9. From committee: Amend, and do pass as amended.

  10. Read first time. Referred to Committee on Health and Human Services. To committee.

  11. In Senate.

  12. Read third time. Passed, as amended. Title approved. (Yeas: 39, Nays: 1, Excused: 2.) To Senate.

  13. Taken from General File. Placed on General File for next legislative day.

  14. Taken from General File. Placed on General File for next legislative day.

  15. Taken from General File. Placed on General File for next legislative day.

  16. From printer. To engrossment. Engrossed. First reprint .

  17. Read second time. Amended. (Amend. No. 171.) To printer.

  18. From committee: Amend, and do pass as amended.

  19. Read first time. To committee.

  20. From printer.

  21. Prefiled. Referred to Committee on Health and Human Services. To printer.

Sponsors

  • Health and Human Services · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Health and Human Services

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 46?
AB 46 is sponsored by Health and Human Services.
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This bill has been enacted into law. Introduced November 17, 2016. Enacted.
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