Nevada 2021 Regular Session Status: Enacted Bipartisan · 7 D · 2 R cosponsors

SB 96 — Makes various changes relating to services provided to persons with autism spectrum disorders. (BDR 38-89)

Last action — Approved by the Governor. Chapter 394.

  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 03, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 20 sponsors

    4 primary, 16 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 D · 2 R) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

371 added · 271 removed

371 line(s) added, 271 removed.

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(Reprinted with amendments adopted on April 15, 2021) FIRST REPRINT S.B.
Senate Bill No.
96 SENATE BILL NO .
96–Senators Ohrenschall, Dondero Loop, D.
96–ENATORS O HRENSCHALL ;
Harris;
D ONDERO L OOP AND SPEARMAN FEBRUARY 3, 2021 ____________ JOINT SPONSORS :
Brooks, Buck, Cannizzarro, Denis, Donate, Goicoechea, Hammond, Hansen, Lange, Neal, Ratti, Scheible, Seevers Gansert, Settelmeyer and Spearman Joint Sponsors:
ASSEMBLYWOMEN CARLTON ;
Assemblywomen Carlton;
AND B ENITEZ-THOMPSON ____________ Referred to Committee on Health and Human Services SUMMARY—Makes various changes relating to services provided to persons with autism spectrum disorders.
and Benitez-Thompson CHAPTER..........
(BDR 38-89) FISCAL NOTE:
EfEffect on the State:
Yes.
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
providing for the reporting to the Legislature or the Legislative Committee on Healthcare of certain information concerning the provision of such services to recipients of Medicaid;
providing for the reporting to the Legislature or the Legislative Committee on Health Care of certain information concerning the provision of such services to recipients of Medicaid;
requiring the Department to seek an increase in certain reimbursement rates for a registered behavior technician under the Medicaid program, the Autism Treatment Assistance Program and the Children’s Health Insurance Program;
making appropriations;
administer the Medicaid program.
Existing law requires the Department of Health and Human Services to administer the Medicaid program and the Children’s Health Insurance Program.
(NRS 422.270) Section 2 of this bill requires the Department to biennially establish reimbursement rates provided on a - *SB96_R1* – 2 – fee-for-service basis under Medicaid for behavior analysts, assistant behavior analysts and registered behavior technicians that are comparable to reimbursement rates paid by Medicaid programs in other states for such providers.
(NRS 422.270) Section 4.8 of this bill requires the Department to submit to the Plan for Medicaid to increase the rate of reimbursement which is provided on a fee- for-service basis for services provided by a registered behavior technician to at least $52 per hour, or as close to that amount as the Secretary approves.
Section 2 also requires the Department to establish reasonable limits on the number of hours that in a 24-hour period.
If the request is approved, section 4.8 requires the Autism Treatment Assistance Program, which is established within the Aging and Disability Services Division to serve as the Insurance Program to pay a rate of reimbursement for such services that is equal to or greater than the rate of reimbursement provided under Medicaid.
Additionally, section 2 requires the Division of Health Careicaid Financing and Policy to:
(See NRS 427A.875) Sections 4.2-4.7 of this bill make appropriations to pay costs associated with increasing the reimbursement rates for Medicaid, the Children’s Health Insurance Program and the Autism Treatment Assistance Program.
Section 2 of reimbursement rates provided on a fee-for-service basis under Medicaid fory establish - 81st Session (2021) – 2 – behavior analysts, assistant behavior analysts and registered behavior technicians that are comparable to reimbursement rates paid by Medicaid programs in other states for such providers.
Beginning on July 1, 2023, section 2 also requires the Department to establish reasonable limits on the number of hours that such a 24-hour period.
Additionally, beginning on July 1, 2023, section 2 requires the in a Division of Health Care Financing and Policy to:
and (2) annually report to the Legislature, if the Legislature is in session, or the Legislative Committee on Healthcare, if the Legislature is not in session, concerning the provision of services to recipients of Medicaid who have been diagnosed with an autism spectrum disorder.
and (2) annually report to the Legislature, if the Legislature is in session, or the Legislative Committee on Health Care, if the Legislature is not in session, concerning the provision of services to recipients of Medicaid who have been diagnosed with an autism spectrum disorder.
Section 4 of this bill makes a the same manner as the provisions of existing law governing Medicaid.inistered in Existing law establishes the Autism Treatment Assistance Program within the Aging and Disability Services Division of the Department to provide and coordinate the provision of services to persons diagnosed or determined to have autism spectrum disorders through the age of 19 years.
Section 4 of administered in the same manner as the provisions of existing law governingon 2 are Medicaid.
(NRS 427A.875) Section 3 of this bill requires the Program to:
Existing law establishes the Autism Treatment Assistance Program within the Aging and Disability Services Division of the Department to provide and coordinate the provision of services to persons diagnosed or determined to have autism spectrum disorders through the age of 19 years.
(1) publish certain information on the Internet disorders;
(NRS 427A.875) Section 3 website of the Program to assist persons in obtaining services for autism spectrumnet disorders;
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
3.
- 81st Session (2021) – 3 – (a) Compile a report concerning the provision of services to:
On or before January 31 of each year, the Division shall:
recipients of Medicaid who have been diagnosed with an autism spectrum disorder.
(a) Compile a report concerning the provision of services to recipients of Medicaid who have been diagnosed with an autism spectrum disorder.
- *SB96_R1* – 3 – (1) The number of recipients of Medicaid who were newly diagnosed with an autism spectrum disorder during the immediately preceding year and the number of those recipients for whom assistance with care management was provided;
(1) The number of recipients of Medicaid who were newly diagnosed with an autism spectrum disorder during the immediately preceding year and the number of those recipients for whom assistance with care management was provided;
(4) The number of assessments or evaluations by a behavior analyst that were reimbursed through Medicaid during the immediately preceding year;
(4) The number of assessments or evaluations by a the immediately preceding year;bursed through Medicaid during (5) The total number of claims for applied behavior analysis services provided to recipients of Medicaid made during the immediately preceding year;
(5) The total number of claims for applied behavior analysis services provided to recipients of Medicaid made during the immediately preceding year;
(7) The number of recipients of Medicaid receiving services through Medicaid managed care who were, at the end of the immediately preceding year, on a wait list for applied behavior analysis services;
(7) The number of recipients of Medicaid receiving services through Medicaid managed care who were, at the end of the immediately preceding year, on a wait list for applied behavior analys(8) An assessment of the adequacy of the network of each health maintenance organization or managed care organization that provides services to recipients of Medicaid under the State Plan for Medicaid for applied behavior analysis services, as compared to the applicable standard for network adequacy set forth in the contract between the health maintenance organization or managed care organization and the Division;
(8) An assessment of the adequacy of the network of each health maintenance organization or managed care organization that provides services to recipients of Medicaid under the State Plan for Medicaid for applied behavior analysis services, as compared to the applicable standard for network adequacy set forth in the contract between the health maintenance organization or managed care organization and the Division;
(9) The number of behavior analysts and registered behavior technicians who are currently providing services to - 81st Session (2021) – 4 – recipients of Medicaid who receive services through each health maintenance organization or managed care organization described in subparagraph (8);
(9) The number of behavior analysts and registered behavior technicians who are currently providing services to recipients of Medicaid who receive services through each health maintenance organization or managed care organization described in subparagraph (8);
and (10) The number of behavior analysts and registered Medicaid who do not receive services through managed care.
and (10) The number of behavior analysts and registered behavior technicians who provide services to recipients of Medicaid who do not receive services through managed care.
(b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
- *SB96_R1* – 4 – (b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
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 standardized assessment, to have autism spectrum disorders through the age of 19 years.
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(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.
- 81st Session (2021) – 5 – spectrum disorders to determine a baseline to measure the progressm of and prepare a plan for the treatment of such persons.
- *SB96_R1* – 5 – (1) Specific guidance for obtaining a diagnosis for an autism spectrum disorder and obtaining public services that are available for the treatment of autism spectrum disorders, including, without limitation, applied behavior analysis services;
(1) Specific guidance for obtaining a diagnosis for an autism spectrum disorder and obtaining public services that are available for the treatment of autism spectrum disorders, including, without limitation, applied behavior analysis services;
(h) When there is a waiting list for services from the Autism Treatment Assistance Program, use a risk assessment tool to assess and identify persons on the waiting list with higher needs for the purpose of ensuring the proper delivery of services to each person, regardless of the difficulty of serving that person.
(h) When there is a waiting list for services from the Autism Treatment Assistance Program, use a risk assessment tool to for the purpose of ensuring the proper delivery of services to each person, regardless of the difficulty of serving that person.
4.
and any services provided by the Program must be developed in cooperation with and be approved by the Commission.
The policies of the Autism Treatment Assistance Program and any services provided by the Program must be developed in cooperation with and be approved by the Commission.
Sec.
- 81st Session (2021) – 6 – Sec.
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respec(1) The Administrator of the Aging and Disability Services Division;
(1) The Administrator of the Aging and Disability Services Division;
- *SB96_R1* – 6 – (4) The Administrator of the Division of Health Care Financing and Policy;
(4) The Administrator of the Division of Health Care Financing and Policy;
(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.
(c) Shall administer any state program for persons with Developmental Disabilities Assistance and Bill of Rights Act of the 2000, 42 U.S.C.
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
- 81st Session (2021) – 7 – (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future (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 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.
(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.
(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 - *SB96_R1* – 7 – 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.
4.2.
1.
There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services to pay the increased reimbursement rates for registered behavior technicians provided under Medicaid and the Children’s Health Insurance Program pursuant to section 4.8 of this act the following sums:
For the Fiscal Year 2021-2022..................................$327,476 2.
FExpenditure of the following sums not appropriated from the$1,626,586 State General Fund or the State Highway Fund is hereby authorized by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purpose as set forth in subsection 1:
For the Fiscal Year 2021-2022..................................$654,260 For the Fiscal Year 2022-2023...............................$2,878,393 3.
Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by - 81st Session (2021) – 8 – to which the money was subsequently granted or transferred, andtity must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec.
4.5.
1.
There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services to pay personnel, operating, computer programming and equipment costs to carry out the provisions of section 4.8 of this act as they apply to Medicaid and the Children’s Health Insurance Program the following sums:
For the Fiscal Year 2021-2022....................................$42,595 For the Fiscal Year 2022-2023....................................$52,243 2.
Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purpose as set forth in subsection 1:
For the Fiscal Year 2022-2023....................................$52,243 3.
Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec.
4.7.
1.
There is hereby appropriated from the State General Fund to the Aging and Disability Services Division of the reimbursement rates for registered behavior technicians provided under the Autism Treatment Assistance Program pursuant to section 4.8 of this act the following sums:
For the Fiscal Year 2021-2022..................................$306,501 For the Fiscal Year 2022-2023..................................$613,002 2.
Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity - 81st Session (2021) – 9 – to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec.
4.8.
1.
On or before October 1, 2021, the Department of Health and Human Services shall submit to the United States Secretary of Health and Human Services a request to amend the provided on a fee-for-service basis pursuant to the State Plan for is Medicaid for services provided by a registered behavior technician to at least $52 for each hour that such services are provided, or as close to that amount as the Secretary approves.
The request must be supported using methods for determining reimbursement rates accepted by the Secretary.
2.
If the amendment to the State Plan for Medicaid requested pursuant to subsection 1 is approved:
(a) The increased rate of reimbursement established by the amendment must become effective on January 1, 2022, or when approved if after that date;
and (b) The Autism Treatment Assistance Program established by NRS 427A.875 and the Children’s Health Insurance Program must provide a rate of reimbursement for services provided by a registered behavior technician equal to or greater than the rate of reimbursement provided for such services pursuant to the State Plan for Medicaid beginning on January 1, 2022, or when approved if after that date.
3.
As used in this section, “registered behavior technician” has the meaning ascribed to it in NRS 437.050.
Sec.
This act becomes effective upon passage and approval.
1.
H - *SB96_R1*
This section and section 5 of this act become effective upon passage and approval.
2.
Sections 1 and 4.2 to 4.8, inclusive, of this act become effective on July 1, 2021.
3.
Sections 2, 3 and 4 of this act become effective on July 1, 2023.
~~~~~ 21 - 81st Session (2021)
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Amendments

3 amendments

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Action History

  1. Approved by the Governor. Chapter 394.

  2. Enrolled and delivered to Governor.

  3. From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 853.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved. (Yeas: 42, Nays: None.) To printer. From printer. To reengrossment. Reengrossed. Third reprint. To Senate. In Senate. Assembly Amendment No. 853 concurred in. To enrollment.

  4. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Ways and Means. To committee.

  5. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 745.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To printer.

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

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 177.) Taken from General File. Re-referred to Committee on Finance. To printer.

  8. Notice of eligibility for exemption.

  9. From printer. To committee.

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

Sponsors

Sponsorship breakdown

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4 sponsors · 16 co-sponsors · 47 not signed on

Sponsors (4)

Co-sponsors (16)

Not signed on (47)

47 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 SB 96?
SB 96 is sponsored by Moises Denis, Doñate, Fabian (Democratic), Hansen, Ira (Republican), Lange, Roberta (Democratic), Neal, Dina (Democratic), Scheible, Melanie (Democratic), Heidi Seevers Gansert, James Settelmeyer, Ohrenschall, James (Democratic), Dondero Loop, Marilyn (Democratic), Buck, Carrie Ann (Republican), Cannizzaro, Nicole J. (Democratic), Chris Brooks, Maggie Carlton, Harris, Dallas, Teresa Benitez-Thompson, Pat Spearman, Julia Ratti, Scott Hammond, and Pete Goicoechea.
What is the current status of SB 96?
This bill has been enacted into law. Introduced February 03, 2021. Enacted.
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