Nevada 2019 Regular Session Status: Enacted

SB 362 — Revises provisions concerning the placement of persons with dementia in a residential facility for groups. (BDR 40-611)

Last action — Approved by the Governor. Chapter 415.

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

This bill has been enacted into law. Introduced March 19, 2019. 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.

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Summary

AN ACT relating to residential facilities; requiring the administrator of a residential facility for groups to ensure that certain assessments of residents are conducted; requiring a resident with severe dementia to be placed in a facility that meets certain requirements; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

394 added · 406 removed

394 line(s) added, 406 removed.

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(Reprinted with amendments adopted on May 22, 2019) SECOND REPRINT S.B.
Senate Bill No.
362 SENATE B ILLN O.
362–Senator Hardy CHAPTER..........
362–SENATOR H ARDY M ARCH 19, 2019 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions concerning the placement of persons with dementia in a residential facility for groups.
(BDR 40-611) 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.
LegExisting law requires the State Board of Health to adopt separate regulations governing the licensing of facilities for the care of adults during the day and residential facilities for groups which provide care to persons with Alzheimer’s disease.
Legislative Counsel’s Digest:
Existing law requires the State Board of Health to adopt separate regulations governing the licensing of facilities for the care of adults during the day and disease.
Section 1 of this bill requires the administrator of a residential facility for groups to examination of each resident of the facility;
Section 1 of this bill requires the administrator of a residential facility for groups to annually:
(1) cause a qualified provider of health care to conduct a physical examination of each resident of the facility;
If the physical examination, the assessment of resident history or the observations of certain persons indicate that a resident requires a secure facility or a facility with a high staff-to-resident ratio or the condition of a resident has significantly changed, section 1 requires the administrator to cause a qualified provider of health care to conduct an assessment of the condition and needs of the resident.
If the physical examination, the assessment of resident secure facility or a facility with a high staff-to-resident ratio or the condition of a resident has significantly changed, section 1 requires the administrator to cause a qualified provider of health care to conduct an assessment of the condition and needs of the resident.
If the provider of health care determines that the resident herself or others if not placed in a secure unit or a facility with a high staff-to- resident ratio, section 1 requires any residential facility in which the resident is placed to meet the requirements prescribed by the Board for a facility which provides care to persons with Alzheimer’s disease or other severe dementia.
If the provider of health care determines that the resident suffers from dementia to an extent that the resident may be a danger to himself or herself or others if not placed in a secure unit or a facility with a high staff-to- placed to meet the requirements prescribed by the Board for a facility whichident is provides care to persons with Alzheimer’s disease or other severe dementia.
- *SB362_R2* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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:
and (c) Cause a qualified provider of health care to conduct an assessment of the condition and needs of a resident of the facility to determine whether the resident meets the criteria prescribed in paragraph (a) of subsection 2:
and (c) Cause a qualified provider of health care to conduct an assessment of the condition and needs of a resident of the facility - 80th Session (2019) – 2 – to determine whether the resident meets the criteria prescribed in paragraph (a) of subsection 2:
or (II) The condition of the resident has significantly changed.
or (II) The condition of the resident has significantly cha2.ed.If, as a result of an assessment conducted pursuant to paragraph (c) of subsection 1, the provider of health care determines that the resident:
2.
If, as a result of an assessment conducted pursuant to paragraph (c) of subsection 1, the provider of health care determines that the resident:
449.029 As used in NRS 449.029 to 449.240, inclusive, and section 1 of this act, unless the context otherwise requires, “medical - *SB362_R2* – 3 – facility” has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.
449.029 As used in NRS 449.029 to 449.240, inclusive, and facility” has the meaning ascribed to it in NRS 449.0151 and, “medical includes a program of hospice care described in NRS 449.196.
3.
- 80th Session (2019) – 3 – 3.
(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.
(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 car(b) Regulations governing the licensing of such facilities and programs.
programs.gulations governing the licensing of such facilities and (c) Regulations governing the procedure and standards for provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017.
(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.
(a) Facilities for the care of adults during the day;
(b) Residential facilities for groups,during the day;
and (b) Residential facilities for groups, - *SB362_R2* – 4 – which provide care to persons with Alzheimer’s disease [.] or other severe dementia, as described in paragraph (a) of subsection 2 of section 1 of this act.
and which provide care to persons with Alzheimer’s disease [.] or other severe dementia, as described in paragraph (a) of subsection of section 1 of this act.
4.
- 80th Session (2019) – 4 – 4.
In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.
In establishing the qualifications, the Board shall consider the accredit such facilities.nationally recognized organizations which 6.
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 Board shall adopt separate regulations regarding the 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:
The such assistance may be given:east the following conditions before (a) The ultimate user’s physical and mental condition is stable and is following a predictable course.
(a) The ultimate user’s physical and mental condition is stable and is following a predictable course.
(d) Except as otherwise authorized by the regulations adopted pursuant to NRS 449.0304, the prescribed medication is not administered by injection or intravenously.
(d) Except as otherwise authorized by the regulations adopted administered by injection or intravenously.dication is not (e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.
(e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.
7.
- *SB362_R2* – 5 – 7.
(a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.
(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 - 80th Session (2019) – 5 – amount that will be charged for those services throughout the resident’s stay at the facility.
(c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:
facility and the general approach to operating the facilityents of the incorporates these core principles:
(1) The facility is designed to create a residential environment that actively supports and promotes each resident’s qualit(2) The facility is committed to offering high-quality supportive services that are developed by the facility in needs;oration with the resident to meet the resident’s individual (3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the resident’s personal choice of lifestyle;
(1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;
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(2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the resident’s individual needs;
(3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the resident’s personal choice of lifestyle;
(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;
(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 communi(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;
(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.
and - *SB362_R2* – 6 – (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.
(a) Strict application of that requirement would result in economic hardship to the facility requesting the exception;
- 80th Session (2019) – 6 – (a) Strict application of that requirement would result in economic hardship to the facility requesting the exception;
9.
regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:
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;
(a) The adoption of plans to respond to a natural disaster and an emergency involving fire;uations, including, without limitation, (b) The adoption of plans to provide for the evacuation of a limitation, plans to ensure that nonambulatory patients may bethout evacuated;
(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;
(a) Facilities that only provide a housing and living environment;
environment;ities that only provide a housing and living (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;
(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.
and - *SB362_R2* – 7 – (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.
11.
- 80th Session (2019) – 7 – 11.
(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.
(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 standards, rules and regulations adopted thereunder.tate or of the (b) Aiding, abetting or permitting the commission of any illegal act.
(b) Aiding, abetting or permitting the commission of any illegal act.
occupants or employees of the facility.to the health or safety of the (e) Failure of the applicant to obtain written approval from the 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.
(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.
(a) Is convicted of violating any of the provisions of NRS 202.470;
NRS 202.470;nvicted of violating any of the provisions of (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124;
The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the - *SB362_R2* – 8 – license to operate a facility for the dependent pursuant to subsection 2.
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.
(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;
- 80th Session (2019) – 8 – (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;
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:
On or before February 1 of each odd-numbered year, the Bureau a written report setting forth, for the previous biennium:
In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision 449.029 to 449.2428, inclusive, and section 1 of this act, or any or condition, standard or regulation adopted by the Board, the NRS 449.165, may:rdance with the regulations adopted pursuant to (a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;
In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 1 of this act, or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:
(b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;
(a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;
(c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;
(b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the fac(c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;
(1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued - *SB362_R2* – 9 – compliance with the applicable statutes, conditions, standards and regulations;
(1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued - 80th Session (2019) – 9 – compliance with the applicable statutes, conditions, standards and regulations;
3.
provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 1 of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.
The Division may require any facility that violates any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 1 of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.
is located shall, upon application by the Division, institute andity conduct the prosecution of any action for violation of any provisions of Sec.
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.
8..02NRS 654.190 is hereby amended to read as follows:is act.
Sec.
8.
NRS 654.190 is hereby amended to read as follows:
The Board may, after notice and an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any licensee who:
The Board may, after notice and an opportunity not more than $10,000 for each violation on, recover reasonable of investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any licensee who:
(d) Aids or abets any person in the violation of any of the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.
(d) Aids or abets any person in the violation of any of the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of - 80th Session (2019) – 10 – this act, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.
- *SB362_R2* – 10 – (e) Violates any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a code of ethics.
(e) Violates any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a code of ethics.
4.
conclusions of law supporting that order are public records.
An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
fact and 5.
or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
H - *SB362_R2*
~~~~~ 19 - 80th Session (2019)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 415.

  2. Enrolled and delivered to Governor.

  3. Assembly Amendment No. 733 concurred in. To enrollment.

  4. In Senate.

  5. Read third time. Passed, as amended. Title approved. (Yeas: 39, Nays: None, Excused: 2, Vacant: 1.) To Senate.

  6. From printer. To reengrossment. Reengrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  7. Read second time. Amended. (Amend. No. 733.) To printer.

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

  9. In Assembly. Read first time. Referred to Committee on Health and Human Services. To committee.

  10. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 211.) To printer.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Health and Human Services. To printer.

Sponsors

  • Senator Joseph Hardy · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Senator Joseph Hardy

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare
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Frequently asked questions

What does SB 362 do?
AN ACT relating to residential facilities; requiring the administrator of a residential facility for groups to ensure that certain assessments of residents are conducted; requiring a resident with severe dementia to be placed in a facility that meets certain requirements; and providing other matters properly relating thereto.
Who sponsors SB 362?
SB 362 is sponsored by Senator Joseph Hardy.
What is the current status of SB 362?
This bill has been enacted into law. Introduced March 19, 2019. Enacted.
Where can I track SB 362?
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