Revises provisions relating to genetic counseling and testing. (BDR 40-478)
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SB 251 — Revises provisions relating to genetic counseling and testing. (BDR 40-478)
Last action — Chapter 172.
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 Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 15, 2021. Enacted.
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Enacted
Current position in the legislative process.
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9 sponsors
1 primary, 8 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (4 D · 1 R) — cross-party backing.
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Bill Text
What changed in the latest version
873 added · 933 removed873 line(s) added, 933 removed.
(ReprintedSenate withBill amendmentsNo. adopted on April 16, 2021) FIRST REPRINT S.B.
251251–Senators SSeevers ENATEGansert; B ILL N O.
251–SBuck, ENATORSCannizzaro, SEEVERSDondero GANSERTLoop, ;D.
BUCKHarris, ,Lange, CANNIZZARONeal ,and DSpearman ONDEROJoint LSponsor: OOP , D.
HARRIS,Assemblywoman LANGETolles ,CHAPTER.......... NEAL AND S PEARMAN M ARCH 15, 2021 ____________ JOINT S PONSOR :
ASSEMBLYWOMAN TOLLES ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to genetic counseling and testing.
(BDR 40-478) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
(NOTREQUESTED BAFFECTEDLOCALGOVERNMEN) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExistingLegiExisting federal law requires a health insurer issuer to cover certain preventive services, including evidence-based items or services that have in effect a rating of “A” or “B” in the current recommendations of the United States Preventive Services Task Force.
(1) primary care clinicians assess women with a personal or family history of breast, ovarian, tubal or -peritoneal *SB251_R1*cancer –or 2who –have susceptibilityan 1ancestry andassociated 2 (BRCA1/2) gene mutations with anbreast appropriatecancer brief familial risk assessment tool;
and (2) women with a positive result on the risk assessmentassessmentl tool should receive genetic counseling and, if indicated after counseling, genetic testing.
(United States Preventive Services Task Force, Risk Assessment, Genetic Counseling, and Genetic Testing for BRCA-Related Cancer, 322 JAMA 7, at pages 652-65, August 20, 2019) Section 1 of this bill requires a primary care provider to conduct screening, conduct or refer for genetic counseling and conduct or refer for geneSection 2 of this bill requires a notice to be sent to a woman with the results of a mammogram advising the woman to talk to her doctor about genetic counseling and testing inif accordancethere withis thosea federalhistory recommendations.of certain types of cancer in her family.
a mammogram advising the woman to talk to her doctor about genetic counselingsults of and testing if there is a history of certain types of cancer in her family.
Sections 1, 2.5 and 3 of this bill exempt a primary care provider who fails to comply with the provisions of section 1 from those criminal penalties.
Sections 1 and 9.5 of this bill additionally provide that a primary care provider who fails to comply with the provisions of section 1 is not subSectionssubject 8, 10 and 11 of this bill authorize a physician, physician assistant or advanced practice registered nurse to receiveprofessional creditdiscipline. toward applicable continuing education requirements for completing a course of instruction relating to genetic counseling and genetic testing.
ExistingSections law8, requires10 public and private11 policies of insurancethis regulatedbill underauthorize Nevadaa lawphysician, physician assistant or advanced practice registered nurse to includereceive certaincredit coverage.toward applicable continuing education requirements for completing a course of instruction relating to genetic counseling and genetic testing.
(NRS- 287.010,81st 287.04335,Session 422.2712-(2021) 422.27241,– 689A.04033-689A.0465,2 689B.0303-689B.0379,– 689C.1655-689C.169, 689C.194-689C.195, 695A.184-695A.1875, 695B.1901-695B.1948, 695C.1691- 695C.176, 695G.162-695G.177) Existing law also requires employerspublic toand provideprivate thepolicies employerof providesinsurance healthregulated benefitsunder forNevada itslaw employees.to include certain coverage.
(NRS 608.1555)287.010, Sectionss,287.04335, if422.2712- 5-7,422.27241, 12,689A.04033-689A.0465, 14,689B.0303-689B.0379, 15,689C.1655-689C.169, 17-20689C.194-689C.195, and695A.184-695A.1875, 22695B.1901-695B.1948, of695C.1691- this bill require certain publicbenefits andto privateemployees, health plans, including Medicaid,the to provide coverage forrequired screening,of genetichealth counselinginsurers, andif testing for harmful mutations in the BRCAemployer geneprovides wherehealth suchbenefits screening,for geneticits counselingemployees. or testing, as applicable, is required by section 1.
(NRS 608.1555) Sections 4,5-7, 1312, 14, 15, 17-20 and 1622 of this bill makerequire conformingcertain changespublic toand indicateprivate thehealth placementplans, ofincluding sectionsMedicaid, 7,to 12provide coverage for screening, genetic counseling and 15testing for harmful mutations in the NevadaBRCA Revisedgene Statutes.where such screening, genetic counseling or testing, as applicable, is required by section 1.
SectionSections 214, of13 thisand bill16 authorizesand the15 Commissioner of Insurance to suspend or revoke the certificate of a health maintenance organization that fails to comply with the requirement of section 19 of harmful mutations in the BRCANevada geneRevised whereStatutes. such screening, genetic counseling orr testing, as applicable, is required by section 1.
TheSection Commissioner21 wouldof alsothis bebill authorizedauthorizes the 12 Commissioner of Insurance to takesuspend suchor actionrevoke againstthe othercertificate of a health insurersmaintenance whoorganization failthat fails to comply with the requirementsrequirement of sectionssection 12,19 14,of 15,this 17,bill 18to provide coverage for screening, genetic counseling and 22testing offor thisharmful bill.mutations in the BRCA gene where such screening, genetic counseling or testing, as applicable, is required by section 1.
(NRSThe 680A.200)Commissioner THEwould PEOPLEalso OFbe THEthe STATErequirements OFof NEVADA,sections REPRESENTED12, IN14, SENATE15, AND17, ASSEMBLY,18 DOand ENACT22 ASof FOLLOWS:this bill.
(NRS 680A.200)h 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:
- *SB251_R1* – 3 – (a) Attempt to determine whether each adult woman to whom he or she provides care has a personal or family history of breast, ovarian, tubal or peritoneal cancer or an ancestry associated with a harmful mutation in the BRCA gene or meets any other criteria under which the United States Preventive Services Task Force has recommended screening for a risk of such a mutation;
(b)- Provide81st geneticSession counseling(2021) to– the3 woman– or ensure that the woman is referred for genetic counseling;
andandn or ensure that the (c) If a genetic test for harmful mutations in the BRCA gene is clinically indicated as a result of the genetic counseling, administer such a test to the woman or ensure that the woman is referred for such testing.
If a patient undergoes mammography, the owner, lessee or other person responsible for the radiation machine for mammography that was used to perform the mammographymammographyion machine must ensure that each report provided to the patient pursuant to 42 U.S.C.
If the statement of the category of the patient’s breast density which is provided pursuant to subsection 1 indicates that the - *SB251_R1* – 4 – breast tissue is dense, the report described in subsection 1 must also include a notice in the following form:
4 Your mammogram shows that your breast tissue is dense.
However, dense breast tissue can make it harder to evaluate the results of your mammogram and may also be associated with an increased risk of breast cancer.
- 81st Session (2021) – 4 – Ten to twenty percent of all cancers can be categorized as hereditary and the clinical and financial value of identifying patients and families at risk is well documented.
If you have a personal or family history of breast, ovarian, fallopian tube, peritoneal or other cancer, please consult your physician regarding genetic counseling and testing.testing.lt 4.
4.
Show all 136 changed lines (96 more)
- *SB251_R1* – 5 – 2.
The penalty provided in subsection 1 does not apply to violationsthis act.s of NRS 457.230 to 457.280, inclusive [.] , or section 1 of thisSec. act.
Sec.
and - 81st Session (2021) – 5 – (5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 7 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
-services) *SB251_R1* – 6 – (3) Provide for communication and the coordination of those services among nonprofit organizations, agenciesagenciesination ofofofholocal local government, the State and the Federal Government;
(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 - 81st Session (2021) – 6 – 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.
2.the Director’s designee, is responsible for appointing and removingr subordinate officers and employees of the Department.
Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department.
(c) Provide group life, accident or health coverage through a self-insurance reservegreservefe,fundideand,r fundhwhere and,covnecessary,ugdeduct where necessary, deduct - *SB251_R1* – 7 – contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund.
The provisions of NRS 687B.408, 689B.030 to 689B.050,- inclusive,81st andSession section(2021) 14– of7 this– act, 689B.287 and 689B.500 apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0378, 689B.03785 and 689B.500 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.
If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to whichwhi3. a trustee is entitled, the difference must be paid by the trustee.
3.a In any county in which a legal services organization exists,tee.
In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.
- *SB251_R1* – 8 – 4.
(a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted;
- 81st Session (2021) – 8 – (a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.
(b) Does not become effective unless approved by the Commissioner.Com(c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.
(c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.
The Director shall include in the State Plan for Medicaid a requirement that the State, to the extent authorized by federal law, must pay the nonfederal share of expenditures incurred for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening, genetic counseling or testing, as applicable, is required by sectionSec. 1 of this act.
Sec.
1 NRS 630.253 is hereby amended to read as follows:
or (b) Biennial registration of the holder of a license to practice medicine, - *SB251_R1* – 9 – require each holder to submit evidence of compliance with the requirements for continuing education as set forth in regulations adopted by the Board.
(b) Must provide for the completion of a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a - 81st Session (2021) – 9 – weapon of mass destruction.
(1) An overview of acts of terrorism and weapons of mass destruction;destruc(2) Personal protective equipment required for acts of terrorism;
(2) Personal protective equipment required for acts of terrorism;
3.treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:
The Board shall encourage each holder of a license who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:
- *SB251_R1* – 10 – (c) The biological, behavioral, social and emotional aspects of the aging process;
The Board shall encourage each holder of a license to practice medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation,- the81st abilitySession of(2021) the– patient10 to– request to have the symptom or purpose for which a drug is prescribed included on the labellabelymptom attached to the container of the drug.
The Board shall encourage each holder of a license to practice medicine or as a physician assistant to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:
in the (a) Recognizing the symptoms of pediatric cancer;
(a)NRS “Act202.4415.f of terrorism” has the meaning ascribed to it in (b) “Biological agent” has the meaning ascribed to it in NRS 202.4415.202.442.
(b)(c) “Biological“Chemical agent” has the meaning ascribed to it in NRS 202.442.202.4425.
- *SB251_R1* – 11 – (c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425.
- 81st Session (2021) – 11 – Sec.
9.
(Deleted by amendment.) Sec.
632.343under 1.this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board in accordance with regulations adopted by the Board.
The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board in accordance with regulations adopted by the Board.
The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonablereasonableto relationship to current developments in the field of nursing or any special area of practice in which a licensee engages.
- *SB251_R1* – 12 – 3.
The program of continuing education required by subsection 1 must include:
- 81st Session (2021) – 12 – (1) A course of instruction to be completed within 2 years after initial licensure that provides at least 2 hours of instruction on suicide prevention and awareness as described in subsection 5.
(2) The ability to receive credit toward the total amount of continuing education required by subsection 1 for the completion of a course of instruction relating to genetic counseling andandion genetic testing.
The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involvesinv4. the use of a weapon of mass destruction.
4.
- *SB251_R1* – 13 – 5.
The Board shall require each person licensed as an advanced practice registered nurse to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based- suicide81st preventionSession and(2021) awareness– or13 another– course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.
(c)NRS “Chemical202.4425.cal agent” has the meaning ascribed to it in (d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4425.202.4437.
(d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.
Except as otherwise provided in subsection [10] 11 and NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew the license on or before January 1 of each calendar year after its issuance by:
(c) Submitting a list of all actions filed or claims submitted to arbitrationholder orduring mediationthe forprevious malpracticeyear;practice or negligence against the (d) Submitting evidence to the Board that in the year preceding the application for renewal the holder duringhas attended courses or programs of continuing education approved by the previousBoard year;in accordance with regulations adopted by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association;
(d)and (e) Submitting evidenceall toinformation therequired Boardto thatcomplete in the yearrenewal. preceding the application for renewal the holder has attended courses or programs of continuing education approved by the Board in accordance with regulations adopted by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association;
and - *SB251_R1*81st Session (2021) – 14 – (e)requirements Submittingfor allrenewal informationnot requiredless tothan complete30 days before the date ofe renewal.
2.
The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.
The Board shall require each holder of a license to practice osteopathic medicine to complete a course of instruction within 2 years after initial licensure that provides at least 2 hours of instructiondescribed onin evidence-basedsubsection suicide[8.] 9.uicide prevention and awareness as described5. in subsection [8.] 9.
5.
and (b) Interpreting family history to determine whether such symptomsrequires indicateadditional aexamination.hood normal childhood illness or a condition that requires7. additional examination.
7.
The continuing education requirements approved by the Board must allow the holder of a license as an osteopathic physician or physician assistant to receive credit toward the total - 81st Session (2021) – 15 – amount of continuing education required by the Board for the - *SB251_R1* – 15 – completion of a course of instruction relating to genetic counseling and genetic testing.
The Board shall require each holder of a license to practice osteopathic medicine to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-evidence-g based suicide prevention and awareness which may include, without limitation, instruction concerning:
An insurer that issues a policy of health insurance shall provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under and testing for circumstances where such screening, genetic counseling or testing, as applicable, is required by section 1 of this act.
(a) “Network plan” means a policy of health insurance offered by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are - 81st Session (2021) – 16 – provided, in whole or in part, through a defined set of providers under contract with the insurer.
- *SB251_R1* – 16 – (b) “Provider of health care” has the meaning ascribed to it in NRSNRSSec. 629.031.
Sec.
A policy of group health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2022, has the legal effect of including the coverage required by subsection 1, and any provision of the policy that conflicts with the provisions of this section is void.
policy that conflicts with the provisions of this 4.
A carrier that issues a health benefit plan shall provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances - 81st Session (2021) – 17 – where such screening, genetic counseling or testing, as applicable, is required by section 1 of this act.
A carrier shall ensure that the benefits required by subsection 1 are made available to an insured through a provider of 3.alA health carebenefit whoplan participatessubject into the networkprovisions plan of thethisrier. carrier.
-chapter *SB251_R1*that –is 17delivered, –issued 3.for delivery or renewed on or after July 1, 2021, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
A health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2021, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
A society shall ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the society.
- 81st Session (2021) – 18 – Sec.
A hospital or medical services corporation that issues a policy of health insurance shall provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening,screening,the -BRCA *SB251_R1* – 18 – genetic counseling or testing, as applicable, is required by section 1 of this act.
Sec.thereto a new section to read as follows:
19.amended by adding 1.
Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1.
- 81st Session (2021) – 19 – 4.
(a) “Network plan” means a health care plan offered by a health maintenance organization under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the health maintenancemaintenancedefined organization.
- *SB251_R1* – 19 – (b) “Provider of health care” has the meaning ascribed to it in NRS 629.031.
The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.176 to 695C.200, inclusive, andand5C.1734, 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services.
- 81st Session (2021) – 20 – Sec.
The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds tha(a) Thef thhealthowimaintenancens exorganization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any ofother theinformation followingsubmitted conditionspursuant exist:to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments - *SB251_R1* – 20 – to those submissions have been filed with and approved by the Commissioner;
(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to into participate in matters relating to the content of programs pursuant to NRS 695C.110;
- 81st Session (2021) – 21 – (i) The continued operation of the health maintenance organization would be hazardous to its enrollees or creditors or to the general public;
(j) The health maintenance organization fails to provide the coveragecov(k) requiredThe byhealth NRSmaintenance 695C.1691;organization has otherwise failed to comply substantially with the provisions of this chapter.
or (k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.
- *SB251_R1* – 21 – 4.
1.plan shall provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening, genetic counseling or testing, as applicable, is required by section 1 of this act.
A managed care organization that issues a health care plan shall provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening, genetic counseling or testing, as applicable, is required by section 1 of this act.
(a)- “Network81st plan”Session means(2021) a– health22 care– plan offered by a managed care organization under which the financing andandby a delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the managed care organization.
H~~~~~ 21 - *SB251_R1*81st Session (2021)
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View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.
The bill modifies existing laws regarding penalties for healthcare providers who fail to comply with certain requirements for genetic screening and counseling related to BRCA gene mutations.
-
NRS 457.200
The→ Except as otherwise provided in section 1 of this act, theThe bill adds an exception to the penalty provisions for those who fail to comply with new screening and counseling requirements.
-
NRS 457.220
The penalty provided in subsection 1 does not apply to→ subsection 1 does not apply to this act.The bill clarifies that certain penalties for repeat violations do not apply to violations of this act.
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A primary care provider shall: (a) Attempt to determine whether each adult woman to whom he or she provides care has a personal or family history of breast, ovarian, tubal or peritoneal cancer or an ancestry associated with a harmful mutation in the BRCA gene or meets any other criteria under which the United States Preventive Services Task Force has recommended screening for a risk of such a mutation; and (b) If the primary care provider determines that an adult woman to whom he or she provides care meets the criteria described in paragraph (a) and has not previously undergone genetic testing for a harmful mutation in the BRCA gene, use an appropriate brief familial risk assessment tool to screen for a risk of such a mutation.
The bill requires primary care providers to assess women for BRCA gene mutation risks.
-
If such a screening indicates that a woman is at risk of a harmful mutation in the BRCA gene, the primary care provider must: (a) Provide the woman with written notice of the need to discuss genetic counseling and testing with the provider; (b) Refer the woman for genetic counseling; and (c) If a genetic test for harmful mutations in the BRCA gene is clinically indicated as a result of the genetic counseling, administer such a test to the woman or ensure that the woman is referred for such testing.
The bill mandates primary care providers to notify and potentially refer women at risk of BRCA mutations for further testing and counseling.
-
A primary care provider who fails to comply with this section is not subject to criminal penalties or professional discipline for such failure to comply.
The bill protects primary care providers from criminal penalties for failing to meet the new requirements.
-
Sections 5-7, 12, 14, 15, 17-20 and 22 of this bill require certain public and private health plans, including Medicaid, to provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene where such screening, genetic counseling or testing, as applicable, is required by section 1.
The bill requires insurance policies to cover BRCA-related screening and counseling.
-
Section 21 of this bill authorizes the Commissioner of Insurance to suspend or revoke the certificate of a health maintenance organization that fails to comply with the requirement of section 19 of this bill to provide coverage for screening, genetic counseling and testing for harmful mutations in the BRCA gene where such screening, genetic counseling or testing, as applicable, is required by section 1.
The bill grants the Commissioner of Insurance enforcement powers against health maintenance organizations that do not comply.
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Chapter 172.
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Approved by the Governor.
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Enrolled and delivered to Governor.
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In Senate. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 41, Nays: None, Absent: 1.) To Senate.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Taken from General File. Placed on General File for next legislative day.
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Read second time.
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From committee: Do pass.
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In Assembly. 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: 21, Nays: None.) To Assembly.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 183.) To printer.
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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
- Dina Neal · Cosponsor
- Heidi Seevers Gansert · Primary
- Carrie Ann Buck · Cosponsor
- Nicole J. Cannizzaro · Cosponsor
- Marilyn Dondero Loop · Cosponsor
- Roberta Lange · Cosponsor
- Dallas Harris · Cosponsor
- Jill Tolles · Cosponsor
- Pat Spearman · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 8 co-sponsors · 58 not signed on
Sponsors (1)
- Heidi Seevers Gansert
Co-sponsors (8)
- Neal, Dina Democratic
- Buck, Carrie Ann Republican
- Cannizzaro, Nicole J. Democratic
- Dondero Loop, Marilyn Democratic
- Lange, Roberta Democratic
- Harris, Dallas
- Jill Tolles
- Pat Spearman
Not signed on (58)
58 members have not signed on to this bill.
Show all 58 →"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 SB 251?
- SB 251 is sponsored by Neal, Dina (Democratic), Heidi Seevers Gansert, Buck, Carrie Ann (Republican), Cannizzaro, Nicole J. (Democratic), Dondero Loop, Marilyn (Democratic), Lange, Roberta (Democratic), Harris, Dallas, Jill Tolles, and Pat Spearman.
- What is the current status of SB 251?
- This bill has been enacted into law. Introduced March 15, 2021. Enacted.
- Where can I track SB 251?
- Track SB 251 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 2 months ago · updated continuously
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