Nevada 2019 Regular Session Status: Enacted 1 D cosponsors

SB 216 — Revises provisions relating to autism spectrum disorders. (BDR 38-33)

Last action — Chapter 509.

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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 February 18, 2019. Enacted.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

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Summary

AN ACT relating to persons with disabilities; requiring agencies that oversee programs that provide services to persons with autism spectrum disorders to report certain information concerning such programs to the Commission; establishing the Nevada Commission on Autism Spectrum Disorders to review data and information and advise the Governor regarding the needs of persons with autism spectrum disorders and their families; revising the required contents of a plan of treatment for a participant in the Autism Treatment Assistance Program; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

348 added · 357 removed

348 line(s) added, 357 removed.

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EXEMPT (Reprinted with amendments adopted on April 5, 2019) FIRST REPRINT S.B.
Senate Bill No.
216 SENATE BILL NO .
216–Senator Ohrenschall CHAPTER..........
216–SENATOR OHRENSCHALL FEBRUARY 18, 2019 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to autism spectrum disorders.
(BDR 38-33) 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.
In 2007, the Legislature created the Nevada Autism Task Force to study and make recommendations to the Governor and the Legislature regarding the growing incidence of autism and ways to improve the delivery and coordination of autism before August 1, 2008.
In 2007, the Legislature created the Nevada Autism Task Force to study and make recommendations to the Governor and the Legislature regarding the growing incidence of autism and ways to improve the delivery and coordination of autism services in this State.
The Task Force was required to complete its review on or before August 1, 2008.
629, chapter 348, Statutes of Nevada 2007, at page 1674) Upon the expiration of the Task Force, the Governor issued an executive order establishing the Commission on Autism Spectrum Disorder to continue the work of the Task Force.
629, chapter 348, Statutes of Nevada 2007, at page 1674) Upon the expiration of the Task Force, the Governor issued an executive order establishing the Commission on Autism Establishing the Commission on Autism Spectrum Disorder (11-19-2008)) Ther Governor has issued three additional executive orders extending the Commission through June 30, 2019.
(Executive Order Establishing the Commission on Autism Spectrum Disorder (11-19-2008)) The through June 30, 2019.
(Executive Orders 2011-21 (11-28-2011), 2015-26 (10-9- 2015), 2018-29 (11-9-2018)) Sections 5 and 6 of this bill establish the Nevada Commission on Autism Spectrum Disorders in statute.
(Executive Orders 2011-21 (11-28-2011), 2015-26 (10-9-n 2015), 2018-29 (11-9-2018)) Sections 5 and 6 of this bill establish the Nevada Commission on Autism Spectrum Disorders in statute.
(1) advising the Governor - *SB216_R1* – 2 – in this State;
(1) advising the Governor in this State;
Aging and Disability Services Division to serve as the primary autism programe within the Department and to provide and coordinate services to persons under 20 years of age with autism spectrum disorders.
Existing law establishes the Autism Treatment Assistance Program within the Aging and Disability Services Division to serve as the primary autism program years of age with autism spectrum disorders.
(NRS 427A.875) Section cooperation with the Commission.
(NRS 427A.875) Section of this bill instead requires such policies and services to be developed in cooperation with the Commission.
Sections 2-4, 8 and 11 of this bill make other conforming changes.
Sections 2-4, 8 and of this bill make other conforming changes.
(NRS 427A.875) Section 10 of this bill requires such a plan to ensure that the person receives eligible to participate in the Program.eaches 20 years of age and is thus no longer THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(NRS 427A.875) - 80th Session (2019) – 2 – Section 10 of this bill requires such a plan to ensure that the person receives appropriate services after the person reaches 20 years of age and is thus no longer eligible to participate in the Program.
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:
1.
autism spectrum disorders through the Medicaid program;sons with 2.
The number of persons receiving services for persons with autism spectrum disorders through the Medicaid program;
2.
- *SB216_R1* – 3 – Sec.
Sec.
(d) One member who is the parent of a child with autism who is under 5 years of age;
- 80th Session (2019) – 3 – (d) One member who is the parent of a child with autism who is under 5 years of age;
and are not entitled to the per diem and travel expenses provided for state officers and employees generally.
3.
Each member of the must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable.
Members of the Commission serve without compensation and are not entitled to the per diem and travel expenses provided Commission who is an officer or employee of a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Commission and perform any work necessary to carry out the duties of the Commission in the most timely manner practicable.
- *SB216_R1* – 4 – 7.
meaning ascribed to it in NRS 437.010.ior analyst” has the Sec.
As used in this section, “behavior analyst” has the meaning ascribed to it in NRS 437.010.
Sec.
(a) Advise and make recommendations to the Governor regarding the needs of persons with autism spectrum disorders and their families and the availability, delivery and coordination of services for such persons in this State;
(a) Advise and make recommendations to the Governor regarding the needs of persons with autism spectrum disorders - 80th Session (2019) – 4 – and their families and the availability, delivery and coordination of services for such persons in this State;
request a report containing the most current information available relating to:
Sec.
7.
The Division shall submit to the Commission upon request a report containing the most current information available relating to:
- *SB216_R1* – 5 – Sec.
427A.872 NRS1.
9.
The Division, in cooperation and guidance with the Department of Education, representatives of the school districts in this State and the [Nevada Autism Task Force created by section of chapter 348, Statutes of Nevada 2007, or its successor organization,] Commission, shall prescribe by regulation a statewide standard for measuring outcomes and assessing and evaluating persons with autism spectrum disorders through the age of 21 years who receive services through the State or a local government or an agency thereof.
NRS 427A.872 is hereby amended to read as follows:
The regulations must designate a protocol based upon accepted best practices guidelines which includes at least one standardized assessment instrument that requires direct observation by the professional conducting the assessment for determining whether a person is a person with autism spectrum disorder, which - 80th Session (2019) – 5 – must be used by personnel employed by the State or a local government or an agency thereof who provide assessments, interventions and diagnoses of persons with autism spectrum disorders through the age of 21 years and by the persons with whom the State or a local government or an agency thereof contracts to provide assessments, interventions and diagnoses of persons with autism spectrum disorders through the age of 21 years.
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427A.872 1.
The Division, in cooperation and guidance with the Department of Education, representatives of the school districts in this State and the [Nevada Autism Task Force created by section 40 of chapter 348, Statutes of Nevada 2007, or its successor organization,] Commission, shall prescribe by regulation a statewide standard for measuring outcomes and assessing and evaluating persons with autism spectrum disorders through the age of 21 years who receive services through the State or a local government or an agency thereof.
The regulations must designate a protocol based upon accepted best practices guidelines which includes at least one standardized assessment instrument that requires direct observation by the professional conducting the assessment for determining whether a person is a person with autism spectrum disorder, which must be used by personnel employed by the State or a local government or an agency thereof who provide assessments, interventions and diagnoses of persons with autism spectrum disorders through the age of 21 years and by the persons with whom the State or a local government or an agency thereof contracts to provide assessments, interventions and diagnoses of persons with autism spectrum disorders through the age of 21 years.
used upon intake of a person suspected of having autism spectrum disorder or at any later time if a person is suspected of having autism spectrum disorder after intake.
2.
The protocol designated pursuant to subsection 1 must be used upon intake of a person suspected of having autism spectrum disorder or at any later time if a person is suspected of having autism spectrum disorder after intake.
and (b) Ensures that information reported for each person who receives services which identifies the person is kept confidential, consistent with the Family Educational Rights and Privacy Act of - *SB216_R1* – 6 – 1974, 20 U.S.C.
and (b) Ensures that information reported for each person who consistent with the Family Educational Rights and Privacy Act ofal, 1974, 20 U.S.C.
There is hereby established the Autism Treatment Assistance Program within the Division to serve as the primary autism program within the Department and to provide and coordinate the provision of services to persons diagnosed or determined, including, without limitation, through the use of a standardized assessment, to have autism spectrum disorders through the age of 19 years.
There is hereby established the Autism Treatment Assistance Program within the Division to serve as the primary autism program within the Department and to provide and coordinate the provision of services to persons diagnosed or - 80th Session (2019) – 6 – determined, including, without limitation, through the use of a standardized assessment, to have autism spectrum disorders through the age of 19 years.
(c) Promote the use of evidence-based treatments which are cost effective and have been proven to improve treatment of autism spe(d) Educate parents and guardians of persons with autism spectrum disorders on autism spectrum disorders and the assistance outcomes.be provided by the parent or guardian to improve treatment (e) Establish and use a system for assessing persons with autism spectrum disorders to determine a baseline to measure the progress of and prepare a plan for the treatment of such persons.
effective and have been proven to improve treatment of autism cost spectrum disorders.
(d) Educate parents and guardians of persons with autism spectrum disorders on autism spectrum disorders and the assistance that may be provided by the parent or guardian to improve treatment outcomes.
(e) Establish and use a system for assessing persons with autism spectrum disorders to determine a baseline to measure the progress of and prepare a plan for the treatment of such persons.
(1) Preparations for transitioning the person from one provider of treatment to another or from one public program to another, as the needs of the person require through the age of 19 years [.] ;
(1) Preparations for transitioning the person from one provider of treatment to another or from one public program to years [.] ;
and - *SB216_R1* – 7 – (2) Measures to ensure that, to the extent practicable, the person receives appropriate services from another entity after the person reaches 20 years of age.
and needs of the person require through the age of 19 (2) Measures to ensure that, to the extent practicable, the person receives appropriate services from another entity after the person reaches 20 years of age.
As used in this section, “autism spectrum disorder” means a condition that meets the diagnostic criteria for autism spectrum disorder published in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or the edition thereof that was in effect at the time the condition was diagnosed or determined.
As used in this section, “autism spectrum disorder” means a condition that meets the diagnostic criteria for autism spectrum disorder published in the current edition of the Diagnostic and - 80th Session (2019) – 7 – Statistical Manual of Mental Disorders published by the American Psychiatric Association or the edition thereof that was in effect at the time the condition was diagnosed or determined.
(1) The Administrator of the Aging and Disability Services Division;
(1) The Administrator of the Aging and Disability Services Divisi(2) The Administrator of the Division of Welfare and Supportive Services;
(2) The Administrator of the Division of Welfare and Suppor(3) The Administrator of the Division of Child and Family Services;
(3) The Administrator of the Division of Child and Family Services;
Financing and Policy;
(4) The Administrator of the Division of Health Care Financing and Policy;
andor of the Division of Health Care (5) The Administrator of the Division of Public and Behavioral Health.
and (5) The Administrator of the Division of Public and Behavioral Health.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C.
developmentaladmindisabilitiesateestablishedr ppursuantith to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C.
- *SB216_R1* – 8 – (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State.
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
- 80th Session (2019) – 8 – (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
and (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
and (6) Contain any other information necessary for the Government concerning demographic trends, formulas for the Federal distribution of federal money and any need for the modification of programs administered by the Department.
and local governmental agencies to provide information regardingtate the programs of those organizations and agencies, excluding Director deems necessary for the performance of the duties imposed the upon him or her pursuant to this section.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
391A.265 To the extent money is available from the Grant Fund, the board of trustees of each school district and the governing body of each charter school shall ensure that the licensed educational personnel employed by the school district or charter school who are assigned to assist a parent or legal guardian of a pupil with autism spectrum disorder in making decisions about the services and programs available for the pupil receive the appropriate preparation and training:
391A.265 To the extent money is available from the Grant Fund, the board of trustees of each school district and the governing body of each charter school shall ensure that the licensed school who are assigned to assist a parent or legal guardian of a pupil with autism spectrum disorder in making decisions about the services and programs available for the pupil receive the appropriate preparation and training:
- *SB216_R1* – 9 – 1.
1.
and 2.
and - 80th Session (2019) – 9 – 2.
and 3.
and Sec.
Two members to terms that expire on July 1, 2022.
Sec.
This act becomes effective:
This act becomes effective:on July 1, 2022.
Upon passage and approval for the purpose of appointing created by section 5 of this act and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
Upon passage and approval for the purpose of appointing members of the Nevada Commission on Autism Spectrum Disorders created by section 5 of this act and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
H - *SB216_R1*
~~~~~ 19 - 80th Session (2019)
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Amendments

1 amendment

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Action History

  1. Chapter 509.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. From committee: Do pass. Placed on General File. Read third time. Passed. Title approved. (Yeas: 41, Nays: None, Vacant: 1.) To Senate. In Senate. To enrollment.

  5. From committee: Do pass. Declared an emergency measure under the Constitution. Taken from General File. Rereferred to Committee on Ways and Means. To committee.

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

  7. From committee: Do pass as amended. Placed on General File. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.

  8. From printer. To engrossment. Engrossed. First reprint. To committee. Exemption effective.

  9. Read second time. Amended. (Amend. No. 106.) Re-referred to Committee on Finance. To printer.

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

  11. Notice of eligibility for exemption.

  12. From printer. To committee.

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

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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

What does SB 216 do?
AN ACT relating to persons with disabilities; requiring agencies that oversee programs that provide services to persons with autism spectrum disorders to report certain information concerning such programs to the Commission; establishing the Nevada Commission on Autism Spectrum Disorders to review data and information and advise the Governor regarding the needs of persons with autism spectrum disorders and their families; revising the required contents of a plan of treatment for a participant in the Autism Treatment Assistance Program; and providing other matters properly relating thereto.
Who sponsors SB 216?
SB 216 is sponsored by Ohrenschall, James (Democratic).
What is the current status of SB 216?
This bill has been enacted into law. Introduced February 18, 2019. Enacted.
Where can I track SB 216?
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