SB 260 — Revises provisions relating to certain persons providing referrals to group housing for persons who are aged. (BDR 40-675)

(a) An amount for all referrals made by the senior living community referral agency to the senior living community in a specified period of time;

to the senior living community in a (b) An amount for each referral to the senior living community that is based on a percentage of the cost of the first month of rent and care received by the person referred to the senior living community;

Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice ofofy the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.

- *SB260_R1* – 6 – 2.

- 82nd Session (2023) – 6 – (b) Regulations governing the licensing of such facilities and programs.

(c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017.

TheTheered a regulations must require that such grants are effective only if made in writing.

and (b) Residential facilities for groups,  which provide care to persons with Alzheimer’s disease or other severe dementia, as described in paragraph (a) of subsection 2 of NRS 449.1845.

- *SB260_R1* – 7 – (b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.

The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral- and82nd mentalSession well-being(2023) of– each7 person– accommodated in the facility.

mental well-being of each person accommodated in the 5.

(b) The amount of the medication prescribed is at a maintenance levellev(c) andA doeswritten notplan requireof care by a dailyphysician assessment.or registered nurse has been established that:

(c) A written plan of care by a physician or registered nurse has been established that:

The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which providelicensing of a facility as a residential facility for groups which provides assisted living services.services and a residential facility for groups shall not claim that it provides “assisted living services” unless:

The(a) BoardBefore shallauthorizing nota allowperson theto licensingmove ofinto athe facility, the facility asmakes a residentialfull facilitywritten fordisclosure groupsto whichthe providesperson assistedregarding livingwhat services andof apersonalized residentialcare facilitywill forbe groupsavailable shallto notthe claimperson and the amount that itwill providesbe “assistedcharged livingfor services”those unless:services throughout the resident’s stay at the facility.

- *SB260_R1*82nd Session (2023) – 8 – (a)which: Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.

(b) The residents of the facility reside in their own living units which:(1) Except as otherwise provided in subsection 8, contain toilet facilities;

(1) Except as otherwise provided in subsection 8, contain toilet facilities;

(3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individualindividualvative resident and the resident’s personal choice of lifestyle;

and (7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.

The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and - *SB260_R1* – 9 – was originally constructed as a single-family dwelling if the Division finds that:

and - 82nd Session (2023) – 9 – (b) The exception, if granted, would not:

(a)environment;ities Facilities that only provide a housing and living (b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment;

(b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment;

- *SB260_R1* – 10 – 11.

(a)- Except82nd asSession otherwise(2023) provided– in10 paragraph– (b), require a natural person responsible for the operation of a provider of a community-based living arrangement services and each employee of a provider of community-based living arrangement services who supervises or provides support to recipients of community-based living arrangement services to complete training concerning the provision of community-based living arrangement services to persons with mental illness and continuing education concerning the particular population served by the provider;

(c) Require a natural person responsible for the operation of a provider of community-based living arrangement services to receive training concerning the provisions of title 53 of NRS applicable to the(d) Require an applicant for a license to provide community-nd based living arrangement services to post a surety bond in an amount equal to the provisionoperating expenses of the applicant for 2 months, place that amount in escrow or take another action prescribed by the Division to ensure that, if the applicant becomes insolvent, recipients of community-based living arrangement services;services from the applicant may continue to receive community- based living arrangement services for 2 months at the expense of the applicant.

and (d) Require an applicant for a license to provide community- based living arrangement services to post a surety bond in an amount equal to the operating expenses of the applicant for 2 months, place that amount in escrow or take another action prescribed by the Division to ensure that, if the applicant becomes insolvent, recipients of community-based living arrangement services from the applicant may continue to receive community- based living arrangement services for 2 months at the expense of the applicant.

(a) Align with the standards established by the American Association of Birth Centers, or its successor organization, the accrediting body of the Commission for the Accreditation of Birth Centers, or its successor organization, or another nationally recognized organization for accrediting freestanding birthing centers;

Except as otherwise provided in subsection 5, a person must obtain a license from the Board to operate a business - *SB260_R1*82nd Session (2023) – 11 – that provides referrals to residential facilities for groups or any other group housing arrangement that provides assistance, food, shelter ororother limited supervision to a person with a mental illness, intellectual disability, developmental disability or physical disability or who is aged or infirm [.] , including, without limitation, a senior living community referral agency.

A licensed nurse, social worker, physician or hospital, or a provider of geriatric care who is licensed as a nurse or social worker, may provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 Board may, by regulation, authorize a public guardian or any other person it determines appropriate to provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section.

The Board may, by regulation, authorize a public guardian or any other person it determines appropriate to provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section.

(c) Refer a person to a residential facility for groups or any other group housing arrangement described in subsection 1 that is owned other by the same person who owns the business.

Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used to- administer82nd andSession carry(2023) out– the12 provisions– of NRS 449.001 to 449.430, inclusive, and sections 2 to 5, inclusive, of this act, - *SB260_R1* – 12 – 449.435 to 449.531, inclusive, and chapter 449A of NRS and to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.

449.160license 1.or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, and sections 4 and 5 of this act upon any of the following grounds:

The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, and sections 4 and 5 of this act upon any of the following grounds:

(e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and sections 2 to 5, inclusive, of this act and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.

In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect- to82nd thatSession facility,(2023) – 13 – agent or employee of the licenseelicensee:nsee that operates the facility, or an agent(a) orIs employeeconvicted of violating any of the licensee:provisions of NRS 202.470;

(a)(b) Is convictedordered ofto violatingbut anyfails ofto theabate provisionsa ofnuisance pursuant to NRS 202.470;244.360, 244.3603 or 268.4124;

- *SB260_R1* – 13 – (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124;

(b) A report of any investigation conducted with respect to the complaint;

andandt of any investigation conducted with respect to the (c) A report of any disciplinary action taken against the facility.

In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and sections 4 and 5 of this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

(b)- Limit82nd theSession occupancy(2023) of– the14 facility– to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;

- *SB260_R1* – 14 – (d) Impose an administrative penalty of not more than $5,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum;

or (2)2. Improvements are made to correct the violation.

2.(If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Division may:

If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Division may:

Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and sections 2 to 5, inclusive, of this act, 449.435 to 449.531, inclusive, and chapter 449A of NRS to protect the health, safety, well-being and property of the patients andandct residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.

- 82nd Session (2023) – 15 – Sec.

- *SB260_R1* – 15 – (a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.

(b)(c) HasViolates obtainedany hisof or her license by the useprovisions of fraudthis chapter.raud or deceit.

(c) Violates any of the provisions of this chapter.

H~~~~~ 23 - *SB260_R1*82nd Session (2023)