SB 92 — Revises provisions concerning certain group housing. (BDR 40-526)

S.B.Senate Bill No.

9292–Committee Son ENATEHealth Band ILLNHuman O.Services CHAPTER..........

92–COMMITTEE ON H EALTH AND HUMAN SERVICES (O NB EHALF OF THE L EGISLATIVE C OMMITTEE ON H EALTH CARE ) P REFILED JANUARY 24, 2019 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions concerning certain group housing.

(BDR 40-526) 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.

Existing law requires a person, other than certain medical facilities, to obtain a license to operate a business that provides referrals to residential facilities for groups.obtain such a license if the person operates a business that provides referrals to any other group housing arrangement that provides assistance, food, shelter or limited supervision to persons with mental illness or disabilities or who are aged or infirm.

(NRS 449.0305) Section 12 of this bill additionally requires athe personDivision toof otherPublic groupand housingBehavioral arrangementHealth thatof providesthe assistance,Department food,of shelterHealth orand limitedHuman anyServices supervisionto conduct a review of unlicensed group to such persons withto mentaldetermine illnesswhether orregulation disabilitiesof orthose whounlicensed aregroup agedhousingn orarrangements infirm.is advisable to protect the health and safety of such persons.

SectionEXPLANATION 2– ofMatter thisin billbolded requiresitalics the Division of Public and Behavioral Health of the Department of Health and Human Services to conduct a review of unlicensed group housing arrangements that provide assistance, food, shelter or limited supervision arrangements is advisablenew; to protect the health and safety of such persons.ousing - *SB92* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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:

3.- 80th Session (2019) – 2 – provider of geriatric care who is licensed as a nurse or social or a worker, may provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section.

A licensed nurse, social worker, physician or hospital, or a provider of geriatric care who is licensed as a nurse or social worker, may provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section.

A business that is licensed pursuant to this section or an emp(a)employee Referof asuch person to a residentialbusiness facilityshall fornot: groups that is not licensed.

(b)(a) Refer a person to a residential facility for groups or any other group housing arrangement described in subsection 1 if the business or its employee knows or reasonably should know that theis facility [,] or other group housing arrangement, or the services provided by the facility [,] or other group housing arrangement, are not appropriatelicensed. for the condition of the person being referred.

(b) Refer a person to a residential facility for groups or any other group housing arrangement described in subsection 1 if the business or its employee knows or reasonably should know that the provided by the facility [,] or other group housing arrangement, are not appropriate for the condition of the person being referred.

 A person who violates the provisions of this subsection is liable for a civil penalty to be recovered by the Attorney General in the - *SB92* – 3 – 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 thestate patients and residentsfederal ofstandards.f facilities in accordance with applicable state5. and federal standards.

5.

(c)- “Mental80th Session (2019) – 3 – NRS 433.164.al illness” has the meaning ascribed to it in NRSSec. 433.164.

Sec.

and (2) The effects of any measures considered pursuant to subparagraph (1) on the variety and cost of housing for persons with a mental illness, intellectual disability, developmental disability or physical disability or who are aged or infirm.

- *SB92* – 4 – (2) Any recommendations for legislation that the Division determines, as a result of the review, is advisable to protect the health and safety of persons with a mental illness, intellectual disability, developmental disability or physical disability or who are aged o(3) Any other measures relating to residential housing arrangements that the Division is taking or plansinfirm; to take to protect the health and safety of persons with a mental illness, intellectual disability, developmental disability or physical disability or who are aged or infirm.

and (3) Any other measures relating to residential housing the health and safety of persons with a mental illness, intellectual disability, developmental disability or physical disability or who are aged or infirm.

- 80th Session (2019) – 4 – (c) “Mental illness” has the meaning ascribed to it in NRS 433.164.

H~~~~~ 19 - *SB92*80th Session (2019)