AB 338 — Revises provisions governing health care. (BDR 38-591)

EXEMPT (Reprinted with amendments adopted on April 20, 2023) FIRST REPRINT A.B.

requiring the State Plan for Medicaid to provide coverage of artcreative arts therapy services to the extent authorized by federal law;

requiring the Department of Health and Human Services to apply for a waiver or an amendment of the State Plan to receive federal funding for coverage of artcreative arts therapy services;

requiring any person who wishes to provide artcreative arts therapy services to a recipient of Medicaid to enroll with the Division of Health Care Financing and Policy of the Department;

requiring an enrolled artcreative arts therapist to report the abuse of certain persons;

authorizing the expenditure of funds in the Nevada Cultural Account for certain purposes;

(NRS 422.063, 422.270) PlanExisting alaw requirementrequires: that the State pay the nonfederal share of expenditures forate certain medical services;

(1) the Director of the Department to include in the State certain medical services;

(NRS 422.270-422.27495) Section 1 of this bill requires the Director to include in the State Plan a requirement that the State pay certain costs for artcreative arts therapy - *AB338_R1* – 2 – provided to Medicaid recipients.

Section 1 also requires the Department to apply for a waiver of federal Medicaid requirements or request to amend the State Plan to receive - *AB338* – 2 – federal funding to provide coverage of artcreative arts therapy.

Finally, section 1 requires a person who wishes to provide artcreative arts therapy services to a recipient of Medicaid to enroll with the Division of Health Care Financing and Policy of the Department.

sectionSection 14 among the duties the Director of thethis Departmentbill ismakes requireda toconforming fulfill.nchange Existingbyd lawincluding requiresthe certainduties personslisted in theirsection professional1 oramong occupationalthe capacityduties to report the suspectedDirector abuse, neglect, exploitation, isolation or abandonment of older or vulnerable persons or the suspectedDepartment abuseis orrequired neglectto offulfill. a child.

(NRSExisting 200.5093,law 432B.220)requires Undercertain existingpersons law,in atheir personprofessional whoor isoccupational requiredcapacity to misdemeanorreport forthe asuspected firstabuse, violationneglect, exploitation, isolation or abandonment of failingolder toor vulnerable persons or the suspected abuse or neglect of a make such a report concerningbut aknowingly childand orwillfully afails grossto misdemeanordo forso eachis subsequentguilty violation;of:

(1) a misdemeanor for a first violation of failing to make such a report concerning a child or a gross misdemeanor for each subsequent violation;

(NRS 200.5093, 432B.240) Sections 2 and 3 of this bill expand these reporting requirements to an enrolled artcreative arts therapist.

provide resources and support for organizations, projects and activities relating to the arts and humanities in this State.

(NRS 233C.095, 233C.096) Section 4.5 of this bill authorizes certain funds in the Account to be expended to support programs and projects to improve health outcomes through the arts and humanities.

The Director shall, to the extent authorized by federal law, include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures incurred for artcreative arts therapy provided by an enrolled artcreative arts therapist.

§ 1315 or apply for an amendment of the State Plan for Medicaid that authorizes the Department to receive federal funding to include in the State Plan for Medicaid coverage of artcreative arts therapy provided by an enrolled artcreative arts therapist.

A person who wishes to receive reimbursement through the Medicaid program for artcreative arts therapy provided to a recipient of Medicaid must submit to the Division:

and - *AB338_R1* – 3 – (b) Proof that he or she possesses the required training and qualifications prescribed by the Division pursuant to subsection 4.

The Division shall prescribe the required training and qualifications for enrollment pursuant to subsection 3 to receive reimbursement through Medicaid for artcreative arts therapy.

- *AB338* – 3 – (a) “Art“Creative arts therapy” means the clinical use of artartistic interventions to accomplish individualized goals within a therapeutic relationship by a professional who has completed aan accredited program for art therapy, drama therapy, dance therapy or music therapy.

(b) “Enrolled artcreative arts therapist” means a person who is enrolled with the Division pursuant to subsection 3 to receive reimbursement through Medicaid for artcreative arts therapy.

Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by a fetal alcohol spectrum disorder or prenatal substance use disorder or has withdrawal symptoms resulting from prenatal - *AB338_R1* – 4 – substance exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services.

A notification and referral to an agency which provides child welfare - *AB338* – 4 – services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

- *AB338_R1* – 5 – (l) Any adult person who is employed by an entity that provides organized activities for children, including, without limitation, a person who is employed by a school district or public school.

or - *AB338* – 5 – (2) ArtCreative arts therapy services to recipients of Medicaid pursuant to section 1 of this act.

and - *AB338_R1* – 6 – (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.

- *AB338* – 6 – (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

and - *AB338_R1* – 7 – (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.

If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation, isolation or abandonment of the older - *AB338* – 7 – person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

- *AB338_R1* – 8 – (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

(g) Any employee of the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or - *AB338* – 8 – volunteers where prohibited from making such a report pursuant to 45 C.F.R.

or (2) ArtCreative arts therapy services to recipients of Medicaid pursuant to section 1 of this act.

The written - *AB338_R1* – 9 – findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

A copy of the final report of the investigation conducted by a division, office or department, other - *AB338* – 9 – than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, - *AB338_R1* – 10 – 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 1 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 - *AB338* – 10 – is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.

- *AB338_R1* – 11 – 2.

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