Nevada 2023 Regular Session Status: Enacted

AB 137 — Revises provisions relating to fetal alcohol spectrum disorders. (BDR 40-327)

Last action — Enrolled and delivered to Governor. Approved by the Governor. Chapter 259.

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

This bill has been enacted into law. Introduced February 09, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 09, 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

360 added · 353 removed

360 line(s) added, 353 removed.

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EXEMPT (Reprinted with amendments adopted on April 14, 2023) FIRST REPRINT A.B.
Assembly Bill No.
137 ASSEMBLY B ILLN O.
137–Committee on Health and Human Services CHAPTER..........
137–C OMMITTEE ON H EALTH AND H UMAN SERVICES (O N BEHALF OF THE JOINT NTERIM S TANDING COMMITTEE ON HEALTH & H UMAN SERVICES ) F EBRUARY 9, 2023 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to fetal alcohol spectrum disorders.
(BDR 40-327) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§ 7) (NOTR EQUESTED AFFECTEDLOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
making an appropriation and authorizing certain expenditures;
Existing law requires the Advisory Board on Maternal and Child Health, the Division of Public and Behavioral Health of the Department of Health and Human monitor, prevent, identify and treat fetal alcohol syndrome.
Existing law requires the Advisory Board on Maternal and Child Health, the Division of Public and Behavioral Health of the Department of Health and Human Services and the University of Nevada School of Medicine to take certain actions to monitor, prevent, identify and treat fetal alcohol syndrome.
(NRS 442.137,ctions to 442.385, 442.390, 442.420) Existing law also provides that, if a pregnant woman is referred to the Division by a provider of health care or other services for information relating to programs for the prevention and treatment of fetal alcohol syndrome, any report relating to the referral or other associated documentation is confidential and not to be used in any criminal prosecution of the woman.
(NRS 442.137, referred to the Division by a provider of health care or other services foroman is information relating to programs for the prevention and treatment of fetal alcohol syndrome, any report relating to the referral or other associated documentation is confidential and not to be used in any criminal prosecution of the woman.
- *AB137_R1* – 2 – Existing law requires the Department to administer Medicaid.
Existing law requires the Department to administer Medicaid.
(NRS 422.270) Section 6.7 of this bill requires the Director of the Department, to the extent that federal financial participation is available, to include under Medicaid coverage for spectrum disorders.
(NRS 422.270) Section 6.7 of this bill requires the Director of the Department, to the extent that federal financial participation is available, to include under Medicaid coverage for certain supports and services provided to recipients of Medicaid with fetal alcohol spectrum disorders.
Section 6.7 also authorizes the Department to apply to thecohol Federal Government for any waiver granted pursuant to federal law or amendment necessary to the State Plan for Medicaid to receive federal funding to include such coverage in the State Plan.
Section 6.7 also authorizes the Department to apply to the necessary to the State Plan for Medicaid to receive federal funding to include such coverage in the State Plan.
Section 6.3 of this bill makes a conforming change to indicate that the provisions of section 6.7 will be administered in the same manner as Existing law defines “developmental disability” for the purpose of provisions governing services for persons with developmental disabilities as a neurological condition that manifests before a person attains the age of 22 years, is likely to continue indefinitely and results in substantial functional limitations.
Section 6.3 of this bill makes a conforming change to indicate that the provisions of section 6.7 will be administered in the same manner as the provisions of existing law governing Medicaid.
Section 7.5 of this bill makes an appropriation to the Division of Health Care Financing and Policy of the Department of Health and Human Services and authorizes certain related expenditures to carry out the provisions of section 6.7.
governing services for persons with developmental disabilities as a neurologicals condition that manifests before a person attains the age of 22 years, is likely to continue indefinitely and results in substantial functional limitations.
- 82nd Session (2023) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
“Fetal alcohol [syndrome” includes fetal alcohol effects.] spectrum disorder” has the meaning ascribed to it in NRS 432B.0655.
“Fetal alcohol [syndrome” includes fetal alcohol effects.] NRS 432B.0655.der” has the meaning ascribed to it in 6.
6.
- *AB137_R1* – 3 – (a) A clinical alcohol and drug counselor who is licensed, or an alcohol and drug counselor who is licensed or certified, pursuant to chapter 641C of NRS;
(a) A clinical alcohol and drug counselor who is licensed, or an alcohol and drug counselor who is licensed or certified, pursuant to chapter 641C of NRS;
(e) A licensed marriage and family therapist;
or (i) The holder of a certificate of registration as a pharmacist.
or - 82nd Session (2023) – 3 – (i) The holder of a certificate of registration as a pharmacist.
442.137 The purpose of the Advisory Board is to advise the Administrator of the Division concerning perinatal care to enhance the survivability and health of infants and persons who are pregnant, are giving birth and have given birth, and concerning programs to improve the health of preschool children, to achieve the following objectives:
442.137 The purpose of the Advisory Board is to advise the Administrator of the Division concerning perinatal care to enhance are giving birth and have given birth, and concerning programs toant, improve the health of preschool children, to achieve the following objectives:
10.
education that it is required to develop pursuant to NRS 442.385, including, without limitation, preparing and obtaining information relating to fetal alcohol [syndrome;] spectrum disorders;
Assisting the Division in developing a program of public education that it is required to develop pursuant to NRS 442.385, including, without limitation, preparing and obtaining information relating to fetal alcohol [syndrome;] spectrum disorders;
11.
- *AB137_R1* – 4 – 11.
1.
- 82nd Session (2023) – 4 – 1.
Educational messages that are directed toward the general public and specific geographical areas and groups of persons in this State that are identified pursuant to subsection 1 of NRS 442.420 as having women who are at a high risk of consuming alcohol during pregnancy.
Educational messages that are directed toward the general public and specific geographical areas and groups of persons in this State that are identified pursuant to subsection 1 of NRS 442.420 as having women who are at a high risk of consuming alcohol during pre2.ancProviding training materials to school personnel to assist them in identifying pupils who may be suffering from a fetal alcohol [syndrome] spectrum disorder and offering to provide the parents of those pupils with a referral for diagnostic services and treatment.
2.
Providing training materials to school personnel to assist them in identifying pupils who may be suffering from a fetal alcohol [syndrome] spectrum disorder and offering to provide the parents of those pupils with a referral for diagnostic services and treatment.
442.395 Except as otherwise provided in NRS 239.0115 and 439.538, if a pregnant woman is referred to the Division by a provider of health care or other services for information relating to programs for the prevention and treatment of fetal alcohol [syndrome,] spectrum disorders, any report relating to the referral or other associated documentation is confidential and must not be used in any criminal prosecution of the woman.
442.395 Except as otherwise provided in NRS 239.0115 and 439.538, if a pregnant woman is referred to the Division by a programs for the prevention and treatment of fetal alcoholrelating to [syndrome,] spectrum disorders, any report relating to the referral or other associated documentation is confidential and must not be used in any criminal prosecution of the woman.
- *AB137_R1* – 5 – Sec.
Sec.
Sec.
- 82nd Session (2023) – 5 – Sec.
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respec(1) The Administrator of the Aging and Disability Services Division;
(1) The Administrator of the Aging and Disability Services Division;
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C.
(c) Shall administer any state program for persons with Developmental Disabilities Assistance and Bill of Rights Act of the 2000, 42 U.S.C.
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The Director shall revise the plan biennially and deliver a - *AB137_R1* – 6 – copy of the plan to the Governor and the Legislature at the beginning of each regular session.
The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session.
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
- 82nd Session (2023) – 6 – (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(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;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
and (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
The Director shall, to the extent that federal financial participation is available, include under Medicaid coverage for supports and services provided to recipients of Medicaid with fetal alcohol spectrum disorders that are aimed at allowing such recipients to remain living in the home of the recipient or in a community-based setting.
The Director shall, to the extent that federal financial participation is available, include under Medicaid coverage for supports and services provided to recipients of Medicaid with fetal alcohol spectrum disorders that are aimed at allowing such recipients to remain living in the home of the recipient or in a com2.nitThe Department may apply to the Secretary of Health and Human Services for any waiver granted pursuant to federal law, amendment to the State Plan for Medicaid or other federal authority that authorizes the Department to receive federal funding to provide the coverage described in subsection 1.
2.
The Department shall fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver or amendment pursuant to this section.
The Department may apply to the Secretary of Health and Human Services for any waiver granted pursuant to federal law, amendment to the State Plan for Medicaid or other federal authority that authorizes the Department to receive federal funding to provide the coverage described in subsection 1.
The Department shall fully cooperate in good faith with the Federal Government during the application process to satisfy the - *AB137_R1* – 7 – requirements of the Federal Government for obtaining a waiver or amendment pursuant to this section.
1.
- 82nd Session (2023) – 7 – 1.
2.
“Administrator” means the Administrator of the Division.
“Child” means any person under the age of 18 years who may be eligible for intellectual disability services or developmental disability services.
“Child” means any person under the age of 18 years whon.
may be eligible for intellectual disability services or developmental disability services.
and (d) Results in the person affected requiring a combination of individually planned and coordinated services, support or other assistance that is lifelong or has an extended duration.
and (d) Results in the person affected requiring a combination of individually planned and coordinated services, support or other ass6.tan“Director of the Department” means the administrative head of the Department.
6.
“Director of the Department” means the administrative head of the Department.
- *AB137_R1* – 8 – 10.
10.
An intellectual and developmental disability center may include facilities for residential treatment and training.
An intellectual and developmental - 82nd Session (2023) – 8 – disability center may include facilities for residential treatment and training.
“Medical director” means the chief medical officer of any program of the Division for persons with intellectual disabilities or developmental disabilities.
“Medical director” means the chief medical officer of any program of the Division for persons with intellectual disabilities or [12.] 13.nta“Mental illness” has the meaning ascribed to it in NRS 433.164.
[12.] 13.
“Mental illness” has the meaning ascribed to it in NRS 433.164.
and (c) Continue development of those skills, habits and attitudes essential to adaptation in contemporary society.
and(c) Continue development of those skills, habits and attitudes essential to adaptation in contemporary society.
7.5.
1.
There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services to provide the Medicaid coverage described in subsection 1 of section 6.7 of this act, for updates to the Medicaid Management Information System and for personnel, travel, operating, equipment and information services expenses associated with implementing the provisions of section 6.7 of this act the following sums:
- 82nd Session (2023) – 9 – For the Fiscal Year 2023-2024..................................$114,642 For the Fiscal Year 2024-2025..................................$158,672 2.
Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity must be reverted to the State General Fund on or beforered, and September 20, 2024, and September 19, 2025, respectively.
3.
Expenditure of $149,362 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2023-2024 by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purposes as set forth in subsection 1.
4.
Expenditure of $403,165 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2024-2025 by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purposes as set forth in subsection 1.
Sec.
- *AB137_R1* – 9 – Sec.
Sec.
Sections 1 to 6, inclusive, 7 and 8 of this act become effective on July 1, 2023.
Sections 1 to 6, inclusive, 7, 7.5 and 8 of this act become effective on July 1, 2023.
H - *AB137_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

2 amendments

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Action History

  1. Enrolled and delivered to Governor. Approved by the Governor. Chapter 259.

  2. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly. In Assembly. To enrollment.

  3. From committee: Do pass. Placed on Second Reading File. Read second time.

  4. From printer. To reengrossment. Reengrossed. Second reprint. To Senate. In Senate. Read first time. Referred to Committee on Finance. To committee.

  5. Read third time. Amended. (Amend. No. 819.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To printer.

  6. From committee: Amend, and do pass as amended. Placed on General File. Taken from General File. Placed on General File for next legislative day.

  7. From printer. To engrossment. Engrossed. First reprint. To committee.

  8. Read second time. Amended. (Amend. No. 124.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  9. From committee: Amend, and do pass as amended. Notice of eligibility for exemption.

  10. From printer. To committee.

  11. Read first time. Referred to Committee on Health and Human Services. To printer.

Sponsors

  • Assembly Committee on Health and Human Services · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Assembly Committee on Health and Human Services

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"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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Frequently asked questions

Who sponsors AB 137?
AB 137 is sponsored by Assembly Committee on Health and Human Services.
What is the current status of AB 137?
This bill has been enacted into law. Introduced February 09, 2023. Enacted.
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