EXEMPTSession (Reprinted(82nd) withA amendmentsAB99 adopted64 onAmendment AprilNo. 13, 2023) FIRST REPRINT A.B.

9964 AAssembly SSEMBLYAmendment BILLto NOAssembly .Bill No.

99–ASSEMBLYWOMAN99 BROWN(BDR -M38-564) AYProposed PREFILEDby: FEBRUARY 1, 2023 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing Medicaid rates of reimbursement.

Assembly Committee on Health and Human Services Amends:

Summary:

No Title:

Yes Preamble:

No Joint Sponsorship:

No Digest:

Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:

Matter in (1) blue bold italics is new language in the original bill;

(2) variations of green bold underlining is language proposed to be added in this amendment;

(3) red strikethrough is deleted language in the original bill;

(4) purple double strikethrough is language proposed to be deleted in this amendment;

(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.

DAN/EWR - Date:

4/6/2023 A.B.

No.

99—Revises provisions governing Medicaid rates of reimbursement.

(BDR 38-564) Page 1 of 6 *A_AB99_64* Assembly Amendment No.

64 to Assembly Bill No.

99 Page 3 A SSEMBLY B ILLNO .

99–ASSEMBLYWOMAN B ROWN -M AY PREFILED FEBRUARY 1, 2023 _______________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing Medicaid rates of reimbursement.

[requiring the Director of the Department of Health and Human Services to take any action necessary to increase certain federally approved rates under certain circumstances;] requiring the Division of Health Care Financing and Policy of the Department of Health and Human Services to report certain information to the Legislature;

providing for [the annual consideration of] a study on cost-of-living increases to rates of reimbursement provided to certain providers under Medicaid;

Existing law requires the Department of Health and Human Services to administer the in the Medicaid program.program of a state, existing federal law requires the state to obtain theon approval of the United States Secretary of Health and Human Services of the state plan for Medicaid.

(NRS 422.270) As a condition of receiving federal financial participation in the Medicaid program of a state, existing federal law requires the state to obtain the approval of the United States Secretary of Health and Human Services of the state plan for Medicaid.

§ 1396a) Existing[Section law1 of this bill requires the DivisionDirector of Healththe CareDepartment, Financingupon andapproving Policyan ofincrease in the Departmentrate toof reviewreimbursement thepaid adequacyfor ofa Medicaidservice reimbursementor ratesitem everyunder 4Medicaid yearsto item,an calculateamount greater than the maximum reimbursement rate ofapproved reimbursementby the Secretary for that accuratelyservice reflectsor theitem, actualto costtake ofany providingaction necessary to obtain a corresponding increase in the maximum federally approved reimbursement rate for that service or item.

Section 1 also requires that the Division of Health Care Financing and Policy of the Department annually consider cost-of-living increases to Medicaid rates of reimbursement.

Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.] Existing law requires the Division of Health Care reimbursement rates every 4 years and, if the current rate does not reflect the actual cost of providing the service or item, calculate the rate of reimbursement that accurately reflects the actual cost of providing the service or item.

(1) a one-time cost-of-living increase to the rates of reimbursement under Medicaid for ratescertain oflong-term reimbursement.providers;care providers;

and (2) an annual cost-of-living increase to such -rates *AB99_R1*of –reimbursement. 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Assembly Amendment No.

64 to Assembly Bill No.

99 Page 4 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(Deleted[Chapter 422 of NRS is hereby amended by amendment.)adding Sec.thereto a new section to read as follows:

1.

If the Director approves an increase in the rate of reimbursement for a service or item provided under the State Plan for Medicaid to an amount that is greater than the maximum rate of reimbursement approved by the Secretary of Health and Human Services for that service or item, the Director shall take any action necessary, including, where applicable, applying to amend a federal waiver, to increase the maximum rate of reimbursement approved by the Secretary to an amount equal to or greater than the rate of reimbursement approved by the Director.

The Division shall annually review whether the rate of reimbursement for each service or item provided under the State Plan for Medicaid should be increased to compensate for an increase in the cost of living.] (Deleted by amendment.) Sec.

2.