Makes various changes relating to access to organ transplants for persons with disabilities. (BDR 40-40)
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SB 305 — Makes various changes relating to access to organ transplants for persons with disabilities. (BDR 40-40)
Last action — Approved by the Governor. Chapter 244.
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 22, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
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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
641 added · 686 removed641 line(s) added, 686 removed.
(ReprintedSenate withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT S.B.
305305–Senator SENATEHammond BCHAPTER.......... ILL NO .
305–SENATOR H AMMOND M ARCH 22, 2021 ____________ Referred to Committee on Health and Human Services SUMMARY—Makes various changes relating to access to organ transplants for persons with disabilities.
(BDR 40-40) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§§ 4,5) (NOTREQUESTED BA FFECTELOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing federal law prohibits discrimination on the basis of a disability in places of public accommodation.
Existing federal law defines “publicdisability“public in accommodation” to include certain private entities, including a professional office ofet aseq.) healthExisting carestate provider,law hospitalsimilarly: or other service establishment.
(42(1) U.S.C.declares as its public policy the right of all people to have access to places of public accommodation without discrimination, distinction or restriction because of disability;
§§and 12101(2) etmakes seq.)it Existingunlawful statefor lawplaces similarly:of public accommodation to discriminate against a person based on disability.
(1)(NRS declares233.010, as651.050, its651.070) publicIn policyalignment thewith rightfederal oflaw, allexisting peoplestate tolaw havedefines access“public accommodation” to placesinclude any office of publica accommodationprovSection without1 -of *SB305_R1*this –bill 2defines –a unlawful“provider of medical or related services” to mean a provider of health care, a medical facility, a facility for placesthe dependent, the Department of publicCorrections, accommodationa tocity discriminateor againstcounty jail or any person who provides medical services to a person basedincarcerated onin disability.a prison or a city or county jail.
(NRSSection 233.010,1: 651.050, 651.070) In alignment with federal law, existing state law defines “public accommodation” to include any office of a provider of health care, hospital or other service establishment.
(NRS(1) 651.050)prohibits Section 1 of this bill defines a “providerprovider of medical or related services”services tofrom meantaking acertain provideractions ofrelating healthto care,organ atransplants medicalsolely facility,on a facility for the dependent,basis the Department of Corrections, a cityperson’s ordisability; county jail or any person who provides medical services to a person incarcerated in a prison or a city or county jail.
Sectionand relating(2) toconsider organa transplantsperson’s solelydisability onwhen themaking basisrecommendations ofor adecisions person’sauthorized disability;to concerning an organ transplant.
and (2)ons limits the extent to which a provider of medical or related services is authorized to consider a person’s disability when making recommendations or decisions concerning an organ transplant.
Finally, section 1 authorizes a person aggrieved by the failure of a provider of medical or related services to comply with those requirements to institute a civil action for injunctiverequires ora othercourt appropriate relief to prohibitgive andpriority preventto thesuch violation.an action.
Section 2 of this bill makes aon 1 conforming change to indicate the placement of section 1 in Nevada RevisedlRevised makes a Statutes.
- 81st Session (2021) – 2 – The federal Patient Protection and Affordable Care Act (Pub.
111-148, as amended) prohibits an insurer from establishing rules that limit eligibility for a health care plan based on certain health status factors, including, without limitation, preexisting conditions, claims history or genetic information of the insured and also prohibits an insurer from charging a higher premium, deductible or copay based on those health status factors.
§ 300gg-4) Existing state law similarlysimilarlyon prohibits an insurer from denying, limiting or excluding a covered benefit or requiring an insured to pay a higher premium, deductible, coinsurance or copay based on the health status of the insured or the covered spouse or dependent of the insured.
(NRS 287.010, 287.04335, 689A.032, 689B.500, 689C.190, 695A.232, 695B.183, 695C.050, 695C.1701, 695F.151, 695G.155) Sections 4-7, 9, 10, 12-14 andlimiting 17or ofseeking thisreimbursement billfrom prohibitan Medicaidinsured andfor allcare otherrelated healthto insurersan from:organdenying, transplant because the insured is a person with a disability;
(1) denying, limiting or seeking reimbursement from an insured for care related to an organ transplant because the insured is a person with a disability;
(3) reducing or limiting the reimbursement or otherwise penalizing a provider of medical or related services because the nonmonetary incentives for a provider ofacted medical or related services to induce the provider to provide care in aaccordance manner inconsistent with the requirements of section 1.1;
or (4) providing monetary or provider to provide care in a manner inconsistent with the requirements of section 1.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *SB305_R1* – 3 – (a) Determine that the person is ineligible to receive an anatomical gift;
or - 81st Session (2021) – 3 – (d) Place the person on a waiting list for an organ transplant in a lower priority position than the position at which the person would have been placed if the person did not have a disability.
A provider of medical or related services may consider a person’s disability when making recommendations or decisions concerning an organ transplant only to the extent that thethens disability has been found by a physician to be medically relevant to the organ transplant.
(c) Communicate with a supporter named in a supported decision-making agreement pursuant to chapter 162C of NRS to assist the supporter in providing assistance to a person with a disability to gather and access information, make informed decisions and communicate decisions.
- *SB305_R1* – 4 – 4.
Nothing in this section shall be deemed to require a provider of medical or related services to perform any medical service or other service related to an organ transplant, including, without- limitation,81st makingSession any(2021) referral– or4 recommendation,– that the provider of medical or related services determines is medically inappropriate.
(1) Qualified interpreters or other effective methods of making aurally delivered information available to a person who is deaf or hard of hearing;
-NRS *SB305_R1*426.084.on – 5 – (h) “Person who is deaf” has the meaning ascribed to it in NRS(i) 426.084.“Physician” means a physician licensed pursuant to chapter 630 or 633 of NRS.
(i) “Physician” means a physician licensed pursuant to chapter 630 or 633 of NRS.
(k) “Provider of medical or related services” means a provider of health care, a medical facility, a facility for the dependent, the Department of Corrections, a city or county jail or any person who - 81st Session (2021) – 5 – provides medical services to a person incarcerated in a prison or a city or county jail.
Show all 112 changed lines (72 more)
460.100 NAs used in NRS 460.100 to 460.150, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 460.110, 460.133 and 460.139 have the meanings ascribed to them in those sections.
2.
NRS 460.100 is hereby amended to read as follows:
460.100 As used in NRS 460.100 to 460.150, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 460.110, 460.133 and 460.139 have the meanings ascribed to them in those sections.
Sec.
(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 6 of this act, 422.580, 432.010 to 432.133, inclusive,inclusive,and 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.
- *SB305_R1* – 6 – (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.
The Director shall revise the plan biennially and deliver a - 81st Session (2021) – 6 – copy of the plan to the Governor and the Legislature at the beginning of each regular session.
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplicationduplica(2) ofSet thoseforth servicespriorities byfor federal,the stateprovision andof localthose agencies;services;
(2) Set forth priorities for the provision of those services;
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.Department.g and removing Sec.
Sec.
(a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and - *SB305_R1* – 7 – employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
(b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and - 81st Session (2021) – 7 – employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employeesupon the premiumspremiums.iums upon insurance and pay the deductions upon(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the premiums.maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund.
(c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct 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, and section 9 of 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.emp(d) Defray part or all of the cost of maintenance of a self- insurance fund or of the premiums upon insurance.
(d) Defray part or all of the cost of maintenance of a self- insurance fund or of the premiums upon insurance.
If the amount of the deductions from compensation - *SB305_R1* – 8 – required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.
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 - 81st Session (2021) – 8 – 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.
6.an organization that operates a program for legal aid and receivesns money pursuant to NRS 19.031.
As used in this section, “legal services organization” means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.
- *SB305_R1* – 9 – Sec.
(a)- Denying,81st limitingSession or(2021) seeking– reimbursement9 from– an insured for care related to an organ transplant because the insured is a person with a disability;
(b) “Provider of medical or related services” has the meaning ascribed to it in section 1 of this act.act.ervices” has the meaning Sec.
Sec.
(c) Reduce or limit the reimbursement of or otherwise penalize a provider of medical or related services because the provider of medical or related services acted in accordance with section 1 of this act;
ororelated services acted in accordance with section 1 of (d) Provide monetary or nonmonetary incentives for a provider of medical or related services to induce the provider of medical or related services to provide care to an insured in a manner inconsistent with section 1 of this act.
- *SB305_R1* – 10 – (a) “Anatomical gift” has the meaning ascribed to it in NRS 451.513.
(b)- “Disability”81st Session (2021) – 10 – 12102(1).isability” has the meaning ascribed to it in 42 U.S.C.
§ 12102(1).(c) “Provider of medical or related services” has the meaning ascribed to it in section 1 of this act.
(c) “Provider of medical or related services” has the meaning ascribed to it in section 1 of this act.
An insurer that offers or issues a policy of group health insurance that includes coverage for anatomical gifts, organ transplants or treatments or services related to an organ tra(a) Deny, limit or seek reimbursement from an insured for care related to an organ transplant shallbecause not:the insured is a person with a disability;
(a) Deny, limit or seek reimbursement from an insured for care related to an organ transplant because the insured is a person with a disability;
(a)NRS “Anatomical451.513.omical gift” has the meaning ascribed to it in NRS(b) 451.513.“Disability” has the meaning ascribed to it in 42 U.S.C.
(b) “Disability” has the meaning ascribed to it in 42 U.S.C.
- *SB305_R1*81st Session (2021) – 11 – Sec.thereto a new section to read as follows:
10.amended by adding 1.
Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:
1.
or (d) Provide monetary or nonmonetary incentives for a provider of medical or related services to induce the provider of medical or relatedinconsistent serviceswith tosection provide1 careof tothis anact.nsured insured in a manner inconsistent2. with section 1 of this act.
2.
Sec.thereto a new section to read as follows:
12.amended by adding 1.
Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:
1.
(b)- Deny81st aSession person(2021) with– a12 disability– eligibility or continued eligibility to enroll or renew coverage to avoid providing coverage in accordance with this section;
- *SB305_R1* – 12 – (c) Reduce or limit the reimbursement of or otherwise penalize a provider of medical or related services because the provider of medical or related services acted in accordance with section 1 of this act;
(c) “Provider of medical or related services” has the meaning ascribedascSec. to it in section 1 of this act.
Sec.
(c) Reduce or limit the reimbursement of or otherwise penalize a provider of medical or related services because the provider of medical or related services acted in accordance with section 1 of thi(d) Provide monetary or nonmonetary incentives for a provider of medical or related services to induce the provider of medical or related services to provide care to an insured in a manner inconsistent with section 1 of this act;act.
or (d) Provide monetary or nonmonetary incentives for a provider of medical or related services to induce the provider of medical or related services to provide care to an insured in a manner inconsistent with section 1 of this act.
- 81st Session (2021) – 13 – (c) “Provider of medical or related services” has the meaning ascribed to it in section 1 of this act.
- *SB305_R1* – 13 – Sec.
1.health care plan that includes coverage for anatomical gifts, organ transplants or treatments or services related to an organ transplant shall not:
A health maintenance organization that offers or issues a health care plan that includes coverage for anatomical gifts, organ transplants or treatments or services related to an organ transplant shall not:
(c) “Provider of medical or related services” has the meaning ascribed to it in section 1 of this act.act.ervices” has the meaning Sec.
Sec.
- 81st Session (2021) – 14 – 3.
The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693,695C.173,, 695C.170,69inclusive,5C695C.1733,C.17695C.17335,09 695C.1703,to695C.1734, 695C.1705, 695C.1709 to 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, - *SB305_R1* – 14 – 695C.1751, 695C.1755, 695C.176 to 695C.200, inclusive, and section 14 of this act and 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.
(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 to those submissions have been filed with and approved by the Commissioner;
(1)- Does81st notSession meet(2021) the– requirements15 of– subsection 1 of NRS 695C.080;
ororoes not meet the requirements of subsection 1 of NRS (2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;
(f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to - *SB305_R1* – 15 – participate in matters relating to the content of programs pursuant to NRS 695C.110;
and (2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;inc(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.suspension.roups or persons 4.
4.
The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in - 81st Session (2021) – 16 – the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.
- *SB305_R1* – 16 – (a) Deny, limit or seek reimbursement from an insured for care related to an organ transplant because the insured is a person wit(b) Deny a person with a disability;disability eligibility or continued eligibility to enroll or renew coverage to avoid providing coverage in accordance with this section;
(b) Deny a person with a disability eligibility or continued eligibility to enroll or renew coverage to avoid providing coverage in accordance with this section;
or (d) Provide monetary or nonmonetary incentives for a provider of medical or related services to induce the provider of medical or related services to provide care to an insured in a manneredicalmanner or inconsistent with section 1 of this act.
H~~~~~ 21 - *SB305_R1*81st Session (2021)
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View plain text versions (3)
- Enrolled As Enrolled Current pdf
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Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor. Chapter 244.
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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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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. (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. 469.) 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
- Scott Hammond · 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 SB 305?
- SB 305 is sponsored by Scott Hammond.
- What is the current status of SB 305?
- This bill has been enacted into law. Introduced March 22, 2021. Enacted.
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