SB 370 — Revises the State Plan for Medicaid and the Children's Health Insurance Program. (BDR 38-966)

(ReprintedSenate withBill amendmentsNo. adopted on April 19, 2019) SECOND REPRINT S.B.

370370–Senators SOhrenschall, ENATEParks, BILLCancela, NOSpearman; .

370–SBrooks, ENATORSDondero OLoop, HRENSCHALLWashington ,and PARKSWoodhouse ,Joint CANCELASponsor: , SPEARMAN ;

BROOKSAssemblywoman ,Martinez DONDEROCHAPTER.......... LOOP , W ASHINGTON AND W OODHOUSE M ARCH 20, 2019 ____________ JOINTS PONSOR :

ASSEMBLYWOMAN M ARTINEZ ____________ Referred to Committee on Health and Human Services SUMMARY—Revises the State Plan for Medicaid and the Children’s Health Insurance Program.

(BDR 38-966) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegislativeLegThis Counsel’sbill Digest:requires the Director of the Department of Health and Human Services to include in the State Plan for Medicaid and the Children’s Health Insurance Program a requirement that the State pay the nonfederal share of expenditures incurred for screening and treatment of fetal alcohol spectrum disorders for certain persons.

ThisEXPLANATION bill– requiresMatter the Director of the Department of Health and Human Services to include in thebolded Stateitalics Planis fornew; Medicaid and the Children’s Health Insurance Program a requirement that the State pay the nonfederal share of expenditures persons.

formatter screeningbetween andbrackets treatment[omitted ofmaterial] fetalis alcoholmaterial spectrumto disordersbe foromitted. certain THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

The Director shall include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures incurred for screening for and diagnosis of fetal alcohol spectrum disorders and for treatment of fetal alcohol - *SB370_R2* – 2 – spectrum disorders to persons under the age of 19 years or, if enrolledyears.ed in high school, until the person reaches the age of 21 years.2.

2.

Treatment of a fetal alcohol spectrum disorder must be identified in a treatment plan and must include medically - 80th Session (2019) – 2 – necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

(a) Prescribed for a person diagnosed with a fetal alcohol spectrumandctrum disorder by a licensed physician or licensed psychologist;

and (b) Provided for a person diagnosed with a fetal alcohol spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

(b) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst,analyst,t, - *SB370_R2* – 3 – registered behavior technician or state certified behavior interventionist.

(g)- “Licensed80th assistantSession behavior(2019) analyst”– means3 a– person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.

(j) “Medically necessary” means health care services or products that a prudent physician or psychologist would provide to a patient to prevent, diagnose or treat an illness, injury or disease, or any symptoms thereof, that are necessary and which are:

- *SB370_R2* – 4 – (k) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medicallymedications.cessary necessary to determine the need or effectiveness of the medications.(l) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

(l) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

(n) “Registered behavior technician” has the meaning asc(o)ascribed “Screening for and diagnosis of fetal alcohol spectrum disorders” means medically appropriate assessments, evaluations or tests to screenit andin diagnoseNRS whether437.050. a person has a fetal alcohol spectrum disorder.

- 80th Session (2019) – 4 – disorders” means medically appropriate assessments, evaluations or tests to screen and diagnose whether a person has a fetal alcohol spectrum disorder.

H~~~~~ 19 - *SB370_R2*80th Session (2019)