AB 197 — Authorizes an assessment on certain health care providers for an account to fund Medicaid. (BDR 38-167)

REQUIRES TWO-THIRDS MAJORITY VOTE (§ 6) EXEMPT (Reprinted with amendments adopted on April 20, 2023) FIRST REPRINT A.B.

(NRS 422.37945) Sections 2-8 of this bill authorize the imposition of a similar who provide similar services or physicians who practice in a specialty area.

Section 6 of this bill provides for the imposition of the - *AB197**AB197_R1* – 2 – assessment upon the affirmative vote of at least 67 percent of the affected providers.

As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3,3 4to and5, 5inclusive, of this act have the meanings ascribed to them in those sections.

§ 433.52, except that the term does not include a hospital,hospital asor defineda inphysician. NRS 449.012.

4.5.

“Hospital” has the meaning ascribed to it in NRS 449.012.

Sec.

“Provider group”group”: means:

AllExcept as otherwise provided in subsection 3, means all health care providers who provide a class of health care items or services listed in 42 C.F.R.

§ 433.56(a)(1)433.56(a) or who are otherwise eligible to (18),be inclusive;subject to an assessment under 42 C.F.R.

and§ 2.433.68.

All- physicians*AB197_R1* who– practice3 in– a2. specialty area.

Includes, without limitation, a group described in subsection 1 that includes health care providers who practice in only one specialty area or in different specialty areas.

3.

Does not include hospitals, providers of physician services or physicians acting in any other capacity.

Except as otherwise provided in this section, after polling the health care providers in a provider group and receiving an affirmative vote from at least 67 percent of the health care - *AB197* – 3 – providers in that provider group, the Division may impose by regulation, against each health care provider in the provider group, an assessment in an amount equal to a percentage of the net revenue generated by the health care provider from providing care in this State during a calendar or fiscal year.

- *AB197_R1* – 4 – 2.

- *AB197* – 4 – (1) The upper payment limit for the relevant services established pursuant to 42 C.F.R.

If a health care provider fails to remit to the Division any penalty imposed pursuant to this section or any assessment imposed pursuant to section 6 of this act within 30 days after the date on which the penalty or assessment is due, the Division may - *AB197_R1* – 5 – deduct the amount of the assessment or penalty, as applicable, from future payments owed to the health care provider under the State Plan for Medicaid.

- *AB197* – 5 – Sec.

- *AB197_R1* – 6 – (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

- *AB197* – 6 – (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services;

(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed the upon him or her pursuant to this section.

H - *AB197**AB197_R1*