Nevada 2023 Regular Session Status: Enacted

SB 4 — Revises provisions governing certain programs to pay for prescription drugs, pharmaceutical services and other benefits. (BDR 40-220)

Last action — Approved by the Governor. Chapter 48.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 16, 2022. Enacted.

Signed by Governor Joe Lombardo (Republican) on May 29, 2023.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

307 added · 357 removed

307 line(s) added, 357 removed.

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S.B.
Senate Bill No.
4 SENATE BILL NO .
4–Committee on Health and Human Services CHAPTER..........
4–COMMITTEE ON H EALTH AND HUMAN SERVICES (O NB EHALF OF THE A GING AND DISABILITY SERVICES DIVISION OF THE DEPARTMENT OF HEALTH AND H UMAN SERVICES ) PREFILED N OVEMBER 16, 2022 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing certain programs to pay for prescription drugs, pharmaceutical services and other benefits.
(BDR 40-220) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law creates the Fund for a Healthy Nevada and requires the State Nevada receives from settlement agreements with and civil actions againstte of manufacturers of tobacco products.
Existing law creates the Fund for a Healthy Nevada and requires the State Treasurer to deposit into the Fund a portion of any proceeds that the State of manufacturers of tobacco products.
(NRS 439.620) Existing law requires the Department of Health and Human Services to allocate money in the Fund for certain purposes, including, without limitation and subject to legislative authorization, for direct expenditure by the Department to pay for prescription drugs, pharmaceutical services and other benefits for senior citizens and persons money to subsidize these costs for senior citizens and persons with disabilities.ted (NRS 439.630) Existing law establishes the procedure for allocating and revoking such subsidies.
(NRS 439.620) Existing law requires the Department of Health and Human Services to allocate money in the Fund for certain purposes, including, without limitation and subject to legislative authorization, for direct expenditure by the Department to pay for prescription drugs, pharmaceutical services and other benefits for senior citizens and persons with disabilities.
(NRS 439.635-439.690) Existing law requires the Department to submit a quarterly report to the Governor and certain other entities regarding the general manner in which these expenditures have been made.
Existing law also authorizes the Department to use such allocated money to subsidize these costs for senior citizens and persons with disabilities.
such subsidies.
(NRS 439.635-439.690) Existing law requires the Department toing submit a quarterly report to the Governor and certain other entities regarding the general manner in which these expenditures have been made.
(1) the requirement that such money must be be used only to pay for benefits for senior citizens and persons with disabilities.
(1) the requirement that such money must be directly expended by the Department;
- *SB4* – 2 – Section 3 instead authorizes the Department to allocate money to provide grants and enter into contracts or intergovernmental agreements to pay for or subsidize the persons who:
and (2) the limitation that such money must be used only to pay for benefits for senior citizens and persons with disabilities.
Section 3 instead authorizes the Department to allocate money to provide grants cost of prescription drugs, pharmaceutical services and other benefits for naturalhe persons who:
Section 4 of this bill repeals the existing provisions governing the direct subsidization of prescription drugs, pharmaceutical services and other benefits for this bill make conforming changes to remove references to the repealed provisions.of THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 4 of this bill repeals the existing provisions governing the direct subsidization of prescription drugs, pharmaceutical services and other benefits for this bill make conforming changes to remove references to the repealed provisions.of 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:
to provide therapeutics to treat certain persons who have been diagnosed with the human immunodeficiency virus and to prevent the serious deterioration of the health of such persons.
to provide therapeutics to treat certain persons who have been diagnosed with the human immunodeficiency virus and to - 82nd Session (2023) – 2 – program may include the provision of subsidies and pharmaceuticalThe services.
The program may include the provision of subsidies and pharmaceutical services.
[, including, without limitation, the provision of subsidies for pharmaceutical services to senior citizens and persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive.] If the Department uses another program to facilitate the provision of subsidies and services pursuant to this section, the Department shall not commingle the money available to carry out the provisions of this section and the money available to carry out the other program.
[, including, without limitation, the provision of subsidies for pharmaceutical services to senior citizens and persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive.] If the Department uses another program to facilitate the provision of subsidies and services pursuant to this section, the Department shall not commingle the money available to carry out the other program.this section and the money available to carry out 4.
4.
and - *SB4* – 3 – (b) Sixty percent of all money recovered by this State from a judgment in a civil action against a manufacturer of tobacco products.
and (b) Sixty percent of all money recovered by this State from a judgment in a civil action against a manufacturer of tobacco products.
(b) Shall invest the money in the Fund as the money in other state funds is invested;
state funds is invested;money in the Fund as the money in other (c) Shall manage any account associated with the Fund;
(c) Shall manage any account associated with the Fund;
3.
- 82nd Session (2023) – 3 – must, after deducting any applicable charges, be credited to the Fund.
The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund.
and (b) Not exceed 5 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department, including, without limitation, the Aging and Disability Services Division of the Department, to carry out its duties set forth in NRS 439.630 .
and (b) Not exceed 5 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department, including, without limitation, the Aging and Disability Services Division of the Department, to carry out its of NRS 439.635 to 439.690, inclusive.] to administer the provisions For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the State Treasurer to be deposited in the Fund during that fiscal year.
[and to administer the provisions of NRS 439.635 to 439.690, inclusive.]  For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the State Treasurer to be deposited in the Fund during that fiscal year.
Money expended - *SB4* – 4 – from the Fund must not be used to supplant existing methods of funding that are available to public agencies.
Money expended from the Fund must not be used to supplant existing methods of funding that are available to public agencies.
439.630 1.
The Department shall:
and (4) Offer other general or specific information on health care in this State.
and - 82nd Session (2023) – 4 – in this State.er other general or specific information on health care (b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities, and report the results of the evaluation to the Joint Interim Standing Committee on Health and Human Services on an annual basis.
(b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities, and report the results of the evaluation to the Joint Interim Standing Committee on Health and Human Services on an annual basis.
(c) Subject to legislative authorization, allocate money [for direct expenditure by] to the Department to provide grants and enter into contracts or intergovernmental agreements to pay for prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for [senior citizens and persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive.] natural persons established by regulation of the Department.
(c) Subject to legislative authorization, allocate money [for direct expenditure by] to the Department to provide grants and enter into contracts or intergovernmental agreements to pay for prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for [senior citizens and persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive.] natural persons who are residents of this State and meet the criteria for eligibility established by regulation of the Department.
From the moneyligibility allocated pursuant to this paragraph, the Department may subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to [senior citizens and persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive.] such natural persons.
From the money allocated pursuant to this paragraph, the Department may subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to [senior citizens and persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive.] such natural persons.
The Department shall submit [a quarterly] an annual report to the Governor, the Interim Finance Committee, the Joint Interim Standing Committee on Health and Human Services and any other - *SB4* – 5 – committees or commissions the Director deems appropriate regarding the general manner in which expenditures have been made pursuant to this paragraph.
The Department shall submit [a quarterly] an annual report to the Governor, the Interim Finance Committee, the Joint Interim Standing Committee on Health and Human Services and any other committees or commissions the Director deems appropriate pursuant to this paragraph.r in which expenditures have been made (d) Subject to legislative authorization, allocate, by contract or grant, money for expenditure by the Aging and Disability Services Division of the Department in the form of grants for existing or new programs that assist senior citizens and other specified persons with independent living, including, without limitation, programs that provide:
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(d) Subject to legislative authorization, allocate, by contract or grant, money for expenditure by the Aging and Disability Services Division of the Department in the form of grants for existing or new programs that assist senior citizens and other specified persons with independent living, including, without limitation, programs that provide:
(1) Respite care or relief of informal caretakers, including, without limitation, informal caretakers of any person with - 82nd Session (2023) – 5 – of the person;sease or other related dementia regardless of the age (2) Transportation to new or existing services to assist senior citizens in living independently;
(1) Respite care or relief of informal caretakers, including, without limitation, informal caretakers of any person with Alzheimer’s disease or other related dementia regardless of the age of the person;
(2) Transportation to new or existing services to assist senior citizens in living independently;
The Director shall develop policies and procedures for awarding grants pursuant to this paragraph.
The Director shall develop policies and procedures for awarding grants pursuant to this remains after awarding grants to all eligible applicants, the Director must reallocate such money to the Aging and Disability Services Division of the Department to be used for the purposes described in paragraph (d).
If any money allocated pursuant to this paragraph remains after awarding grants to all eligible applicants, the Director must reallocate such money to the Aging and Disability Services Division of the Department to be used for the purposes described in paragraph (d).
- *SB4* – 6 – (2) For such programs in counties whose population is less than 100,000;
than 100,000;
and (3) For statewide programs for tobacco cessation and other statewide services for tobacco cessation and for statewide evaluations of programs which receive an allocation of money pursuant to this paragraph, as determined necessary by the Division and the district boards of health.
andch programs in counties whose population is less (3) For statewide programs for tobacco cessation and other statewide services for tobacco cessation and for statewide evaluations of programs which receive an allocation of money pursuant to this paragraph, as determined necessary by the Division and the district boards of health.
(g) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health and well-being of residents of this State, including, without limitation, programs that improve health services for children.
(g) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health - 82nd Session (2023) – 6 – and well-being of residents of this State, including, without limitation, programs that improve health services for children.
(h) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health and well-being of persons with disabilities.
(h) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health pursuant to this paragraph, the Department shall, to the extentons practicable, allocate the money evenly among the following three types of programs:
In making allocations pursuant to this paragraph, the Department shall, to the extent practicable, allocate the money evenly among the following three types of programs:
A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs.
A condition of any such contract or grant must be that not more than percent of the contract or grant may be used for administrative expenses or other indirect costs.
The procedures must require at least one competitive round of requests for proposals per biennium.
The procedures must require at lea(l) To make the allocations required by paragraphs (f), (g) and.
(l) To make the allocations required by paragraphs (f), (g) and (h):
(h):
- *SB4* – 7 – (4) Conduct annual evaluations of programs to which allocations have been awarded;
(4) Conduct annual evaluations of programs to which allocations have been awarded;
(m) Transmit a report of all findings, recommendations and expenditures to the Governor, each regular session of the Legislature, the Joint Interim Standing Committee on Health and Human Services and any other committees or commissions the Director deems appropriate.
(m) Transmit a report of all findings, recommendations and expenditures to the Governor, each regular session of the - 82nd Session (2023) – 7 – Human Services and any other committees or commissions theh and Director deems appropriate.
(o) On or before September 30 of each even-numbered year, submit to the Grants Management Advisory Committee, the Nevada Commission on Aging created by NRS 427A.032 and the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211 a report on the funding plan submitted to the Chief of the Budget Division of the Office of Finance pursuant to paragraph (n).
(o) On or before September 30 of each even-numbered year, submit to the Grants Management Advisory Committee, the Nevada Commission on Aging created by NRS 427A.032 and the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211 a report on the funding plan submitted to the Chief of the Budget Division of the Office of Finance pursuant to par2.
2.
and (f) Submit annual reports concerning the allocations made by the Aging and Disability Services Division pursuant to paragraph (d) of subsection 1 to the Governor, the Interim Finance Committee, the Joint Interim Standing Committee on Health and Human - *SB4* – 8 – Services and any other committees or commissions the Director deems appropriate.
and (f) Submit annual reports concerning the allocations made by (d) of subsection 1 to the Governor, the Interim Finance Committee, the Joint Interim Standing Committee on Health and Human Services and any other committees or commissions the Director deems appropriate.
The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money.
The request for approval must include a - 82nd Session (2023) – 8 – description of the proposed use of the money and the person or entity that would be authorized to expend the money.
The Aging and Disability Services Division of the Department shall not expend or transfer any money allocated to the Aging and Disability Services Division pursuant to this section to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear [, to senior citizens or persons with disabilities] pursuant to [NRS 439.635 to 439.690, inclusive.] paragraph (c) of subsection 1.
The Aging and Disability Services Division of the Department shall not expend or transfer any money allocated to the Aging and Disability Services of providing prescription drugs, pharmaceutical services and othercost benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear [, to senior citizens or persons with disabilities] pursuant to [NRS 439.635 to 439.690, inclusive.] paragraph (c) of subsection 1.
LEADLINES OF REPEALED SECTIONS 439.635 Definitions.
~~~~~ 23 - 82nd Session (2023)
439.648 “Person with a disability” defined.
439.650 “Senior citizen” defined.
439.655 Administration:
Powers and duties of Department.
- *SB4* – 9 – 439.660 Administration:
Cooperation between state and local agencies.
439.665 Contracts to subsidize cost of prescription drugs, pharmaceutical services and other benefits;
eligibility for subsidies;
waiver of eligibility requirements;
coverage provided programs;
eligibility of veterans for subsidies.o change 439.670 Request for subsidy;
action on request;
payment of subsidy.
439.675 Denial of request for subsidy;
repayment and deposit of amount received pursuant to fraudulent request.
439.680 Judicial review of decision to deny request for subsidy.
439.685 Revocation of subsidy and payment of restitution.
request for subsidy.ions on use of information contained in H - *SB4*
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Action History

  1. Approved by the Governor. Chapter 48.

  2. Enrolled and delivered to Governor.

  3. In Senate. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  5. Read second time.

  6. From committee: Do pass.

  7. In Assembly. Read first time. Referred to Committee on Health and Human Services. To committee.

  8. Taken from Secretary's desk. Placed on General File. Read third time. Passed. Title approved. (Yeas: 20, Nays: 1.) To Assembly.

  9. Taken from General File. Placed on Secretary's desk.

  10. Taken from General File. Placed on General File for next legislative day.

  11. Read second time.

  12. From committee: Do pass.

  13. Read first time. To committee.

  14. From printer.

  15. Prefiled. Referred to Committee on Health and Human Services. To printer.

Sponsors

  • Senate Committee on Health and Human Services · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Senate Committee on Health and Human Services

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"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.

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Subjects

healthcare health-insurance
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Who sponsors SB 4?
SB 4 is sponsored by Senate Committee on Health and Human Services.
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This bill has been enacted into law. Introduced November 16, 2022. Enacted.
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