Revises provisions relating to mental health. (BDR 40-522)
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AB 181 — Revises provisions relating to mental health. (BDR 40-522)
Last action — Approved by the Governor. Chapter 185.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 26, 2021. Enacted.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Bill Text
What changed in the latest version
453 added · 479 removed453 line(s) added, 479 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on April 16, 2021) FIRST REPRINT A.B.
181181–Assemblywoman APeters SSEMBLYCHAPTER.......... B ILLN O.
181–ASSEMBLYWOMAN PETERS FEBRUARY 26, 2021 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to mental health.
(BDR 40-522) FISCAL NOTE:
Effect on Local Government:
May Have Fiscal Effect.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
providing for the reporting of certain information by certain providers of health care relating to attempted suicide;
Existing law requires a provider of health care who knows of, or provides overdoseservices toto, reporta thatperson factwho andhas certainsuffered additionalor informationis tosuspected theof Chiefhaving Medicalsuffered a drug Officer pursuant to procedures adopted by regulation by the State Board of Health.Health.al (NRS 441A.120, 441A.150) Existing law:
(NRS 441A.120, 441A.150) Existing law:
(NRS 441A.920) Sections 6.2 and 6.4 of this bill additionally whorequire hascertain diedproviders of health care designated by suicide,the State Board of Health who know of, or provide services to, a person who has attempted suicide or is suspected of having attempted suicide to report that fact to the Chief Medical Officer pursuant to procedures adopted by regulation by the State Board of Health.
authorizes the medical facility to submit the report on behalf of the provider.ion 6.4 Section 6.6 of this bill provides for the confidentiality of personal information concerning a suicide or an attempted suicide reported to the Chief Medical Officer.
Section 6.8 of this bill subjects a provider of health care who willfully fails to make such a report to the same misdemeanor penalty and administrative fine as a provider of health care who willfully fails to report a drug overdose.
Section 6.4 requires the Chief Medical Officer to annually compile and submit to the Patient Protection Commission a - *AB181_R1* – 2 – report summarizing the information he or she receives from providers of health care concerning attempted suicide.
The federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 prohibits group health plans and health insurance issuers that provide benefits for mental health or substance use disorders from imposing less favorable benefit limitations on those benefits than on medical and surgical benefits.
Section 9 requestrequires thatthe solicitsCommissioner informationto necessaryannually toprescribe evaluateand theprovide complianceto ofinsurers thea insurerdata with those federal requirements.
Section 8.3 of this bill exempts the adoption andandrer amendment of the data request from requirements concerning the procedures set forth in existing law for adopting regulations.
Section 9 requires an insurer to either complete the data request or submit to the Commissioner a copy of a report submitted- to81st theSession Federal(2021) Government– demonstrating2 compliance– withrequirements. those federal by insurers is confidential.
SectionSections 98.6 requiresand the9 Commissionerof tothis annuallybill submitdprovide athat reportsuch summarizing the information thatreported heby or she receives from insurers tois theconfidential. Patient Protection Commission, the Governor and the Legislature.
Section 9 requires the Commissioner to annually submit a report summarizing the information that he or she receives from insurers to the Patient Protection Commission, the Governor and the Legislature.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
SectionSections 1.1-6.
2.
(Deleted by amendment.) Sec.
3.
(Deleted by amendment.) Sec.
4.
(Deleted by amendment.) Sec.
5.
(Deleted by amendment.) Sec.
6.
(Deleted by amendment.) Sec.
- *AB181_R1* – 3 – (e) A method for ensuring that any testing, treatment, isolation or quarantine of a person or a group of persons pursuant to this chapter is carried out in the least restrictive manner or environment thathealth ispractices.te appropriate and acceptable under current medical and public health2. practices.
2.The Board shall adopt regulations governing the procedures for reporting cases or suspected cases of drug overdose and attempted suicide to the Chief Medical Officer or his or her designee, including [the] , without limitation:
The(a) BoardThe shall adopt regulations governing the procedures for reporting cases or suspected cases of drug overdose , suicide and attempted suicide to the Chief Medical Officer or his or her designee, including the time within which such reports must be made and the information that such reports must include.
(b) The providers of health care who are required to report a case or suspected case of attempted suicide.
Show all 85 changed lines (45 more)
(a)- In81st aSession district(2021) in– which3 there– is a district health officer, the district health officer or the district health officer’s designee;
A provider of health care who knows of, or provides services to, a person who has suffered or is suspected of having suffered a drug overdose shall report that fact and the information required by the Board pursuant to NRS 441A.120 to the Chief Medical Officer or his or her designee in the manner prescribed by the regulations of the Board.
AExcept as otherwise provided in this subsection, a provider of health care who is required by the regulations adopted pursuant to NRS 441A.120 to report a case or suspected case of attempted suicide and knows of, or provides services to, a person who has died by suicide, has attempted suicide or is suspected of having attempted suicide shall report that fact and the information required by the Board pursuant to NRS 441A.120 to the Chief Medical Officer or his or her designee in the manner prescribed by the regulations of the Board.
TheIf Chiefsuch Medicala Officerprovider shallof annuallyhealth care provides services at a medical facility, the medical facility may submit the report on compile and submit to the Patient Protection Commission createdcreatedy by NRS 439.908 a report summarizing the information reported pursuant to this subsection.
- *AB181_R1* – 4 – 4.
A medical facility in which more than one provider of health care may know of, or provide services to, a person who has or is suspected of having a communicable disease , [or] who has suffered or is suspected of having suffered a drug overdose or who has died by suicide, has attempted suicide or is suspected of having attempted suicide shall establish administrative procedures to ensure that the health - 81st Session (2021) – 4 – authority or Chief Medical Officer or his or her designee, as applicable, is notified.
A laboratory director shall, in the manner prescribed by the Board, notify the health authority of the identification by his or her medical laboratory of the presence of any communicable disease in the jurisdiction of that health authority.
441A.220 All information of a personal nature about any person provided by any other person reporting a case or suspected case of a communicable disease , [or] drug overdose,overdose suicide[,] or attempted suicide, or by any person who has a communicable disease , [or] has suffered a drug overdose,overdose has[,] died by suicide or has attempted suicide, or as determined by investigation of the health authority, is confidential medical information and must not be disclosed to any person under any circumstances, including pursuant to any subpoena, search warrant or discovery proceeding, except:
3.
In a prosecution for a violation of this chapter.
- *AB181_R1* – 5 – 9.
If the disclosure is made to the Department of Health and Human Services and the person about whom the disclosure is made has been diagnosed as having acquired immunodeficiency syndrome or- an81st illnessSession related(2021) to– the5 human– immunodeficiency virus and is a recipient of or an applicant for Medicaid.Medicaid.eficiency virus and is a 10.
10.
441A.920 Every provider of health care, medical facility or medical laboratory that willfully fails, neglects or refuses to comply with any regulation of the Board relating to the reporting of a communicable disease [or] , a drug overdose , a suicide or an attempted suicide or any requirement of this chapter is guilty of a misdemeanor and, in addition, may be subject to an administrative finefinSecs. of $1,000 for each violation, as determined by the Board.
7 and 8.
(Deleted by amendment.)ermined by the Board.
7.
(Deleted by amendment.) Sec.
8.
(Deleted by amendment.) Sec.
(h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of HealthHealthn and Human Services.
- *AB181_R1* – 6 – (k) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting- the81st scheduleSession of(2021) fees– and6 charges– pursuant to subsection 2 of NRS 616C.260.s for accident benefits pursuant(l) The Board to subsectionReview 2Claims ofin adopting resolutions to carry out its duties pursuant to NRS 616C.260.445C.310.
(l) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.
(b)determination Chaptersof 616Acontested toclaims;sive, 617,of inclusive,NRS for the (c) Chapter 91 of NRS for the determinationjudicial review of contesteddecisions claims;of the Administrator of the Securities Division of the Office of the Secretary of State;
(c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State;
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;
- *AB181_R1*81st Session (2021) – 7 – (e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426.561 or 615.178;
(f) The adoption or amendment of a rule or regulation to be includedDepartmentn intof theStHealthan State Plan for Services for Victims of Crime by the Department of Health and HumanSHumanes ServicesfoServicess pursuant tobytohe NRS 217.130;
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, - 81st Session (2021) – 8 – 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, - *AB181_R1* – 8 – 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536,482.5536,5, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, - 81st Session (2021) – 9 – 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, - *AB181_R1* – 9 – 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or rec2.d A governmental entity may not reject a book or record which is copyrighted pursuantsolely tobecause federalit law.is copyrighted.
2.
A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
Nothing in this subsection requires a governmental entity to- provide81st aSession copy(2021) – 10 – means of aan publicelectronic recordmedium if:ord in an electronic format or by means(a) ofThe anpublic electronicrecord: medium if:
(a) The public record:
- *AB181_R1* – 10 – (1) Give access to proprietary software;
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
On or before July 1 of each year, the Commissioner shall prescribe and provide to each insurer or other organization providing health coverage subject to the provisions of subsection 1 a data request that solicits information necessary to evaluate the compliance of an insurer or other organization with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Public Law 110-343, Division C, Title V, Subtitle B, including, without limitation, the comparative analyses specified in 42 U.S.C.
- 81st Session (2021) – 11 – 3.
(a) Complete and submit to the Commissioner the data request prescribedpre(b) pursuantSubmit to subsectionthe 2;Commissioner a copy of a report submitted by the insurer or other organization to the Federal Government demonstrating compliance with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Public Law 110-343, Division C, Title V, Subtitle B, including, without limitation, the comparative analyses specified in 42 U.S.C.
or§ (b)300gg-26(a)(8). Submit to the Commissioner a copy of a report submitted by the insurer or other organization to the Federal Government demonstrating compliance with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Public Law 110-343, Division C, Title V, Subtitle B, including, without limitation, the comparative analyses specified in 42 U.S.C.
- *AB181_R1* – 11 – § 300gg-26(a)(8).
and (c) The Director of the Legislative Counsel Bureau for transmittaltransm(1) to:In even-numbered years, the next regular session of the Legislature;
(1) In even-numbered years, the next regular session of the Legislature;
- 81st Session (2021) – 12 – (a) Upon passage and approval for the purposes of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
H~~~~~ 21 - *AB181_R1*81st Session (2021)
Show all 85 changed rows (45 more)
View plain text versions (4)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Introduced As Introduced pdf
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 185.
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Enrolled and delivered to Governor.
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Senate Amendment No. 520 concurred in. To enrollment.
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In Assembly.
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Read third time. Passed, as amended. Title approved, as amended. (Yeas: 14, Nays: 6, Excused: 1.) To Assembly.
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Taken from General File. Placed on General File for next legislative day.
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From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.
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Read second time. Amended. (Amend. No. 520.) To printer.
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From committee: Amend, and do pass as amended.
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In Senate. Read first time. Referred to Committee on Health and Human Services. To committee.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 26, Nays: 16.) To Senate.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 455.) To printer.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. Referred to Committee on Health and Human Services. To printer.
Sponsors
- Sarah Peters · Primary
Sponsorship breakdown
Export CSV (upgrade) →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.
Show all 66 →"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.
Subjects
Frequently asked questions
- Who sponsors AB 181?
- AB 181 is sponsored by Peters, Sarah.
- What is the current status of AB 181?
- This bill has been enacted into law. Introduced February 26, 2021. Enacted.
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