AB 263 — Enacts provisions relating to the transmission of Legionnaires' disease by building water systems in certain health care facilities. (BDR 40-125)

EXEMPT (Reprinted with amendments adopted on JuneApril 1,14, 2023) SECONDFIRST REPRINT A.B.

Section 5 of this bill defines the term “covered health care facility” to mean:mean a health care facility that receives federal or state money through Medicare or Medicaid:

(1) ain facilitywhich fora intermediatepatient’s carestay thatmay hasexceed been24 certifiedhours; by the Centers for Medicare and Medicaid Services of the United States Department of Health and Centers;

(3)(2) athat hospitalcontains thatone haschemotherapy, beensolid certifiedorgan bytransplantation theor Centers;bone marrow transplantation;

(3) that contains one or more areas to house patients who are immunocompromised and (4)at- arisk hospitalpersons on medications that hasweaken beenthe certifiedimmune assystem aor criticalwho accesshave hospital.diabetes or chronic lung disease;

Sectionsor 2.5-4,(4) 7that andis 8a ofresidential thisfacility bill define certain other terms relating to the provisions of this bill for coveredgroups. health care facilities.

SectionSections 92.5-4 and 6-8 of this bill requiresdefine eachcertain ownerother orterms operatorrelating of a covered health care facility to adoptthe andprovisions implementof athis waterbill management plan for thecovered buildinghealth watercare buildingfacilities. water system, which, among other requirements, must:

(1)facility withto certainheadopt and implement a water management plan for the building watercare - *AB263_R2**AB263_R1* – 2 – exceptions,system beto designedminimize bythe arisks waterof managementthe teamtransmission thatof includesLegionnaires’ personsdisease holdingby certainthe certificationsbuilding relatingwater tosystem, waterwhich, managementamong andother infectionrequirements, control;must:

and(1) (2)with includecertain provisionsexceptions, forbe monitoringdesigned theby a water frommanagement theteam buildingthat includes persons holding certain certifications relating to water system.management and infection control;

and (2) Section 9 further requires the owner or operator of the covered health care facility to Sectionreview 8.5 of this bill requires the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services to review each new edition of certain standards relating to water management andplan Legionellosison foran theannual purposesbasis. of the provisions of sections 2-14 of this bill.

Section 118.5 of this bill requires athe providerAdministrator of healththe care,Division medicalof facilityPublic orand laboratoryBehavioral directorHealth toof immediately notify the healthDepartment authority upon the suspicion or facility.diagnosis of Legionnaires’Health diseaseand connectedHuman Services to areview coveredeach healthnew careedition Section 12 of thiscertain billstandards requiresrelating theto Boardwater tomanagement adoptand regulationsLegionellosis tofor carrythe outpurposes of the provisions of sections 2-14.2-14 of this bill.

Sectionlaboratory 13director ofto thisimmediately billnotify requires the Boardhealth toauthority submitupon a report to the Governorsuspicion andor thepositive Directordiagnosis of theLegionnaires’ Legislativedisease Counselconnected Bureauto detailinga thecovered occurrencehealth ofcare Legionnaires’facility. disease in this State.

theSection provisions12 of sectionsthis 2-14bill orrequires anythe regulationBoard adoptedto oradopt orderregulations issuedto pursuanttescarry theretoout is a public nuisance and requires the coveredprovisions healthof caresections facility2-14. to abate the nuisance.

AsSection 13 of this bill requires the Board to submit a resultreport ofto the inclusionGovernor ofand sectionsLegionnaires’ 2-14disease in chapterthis 441AState.sel Bureau detailing the occurrence of NRS,Section 14 of this bill provides that a personcovered whohealth care facility that violates the provisions of sections 2-14 isor guiltyany ofregulation adopted or order issued pursuant thereto is a misdemeanor.public nuisance and requires the covered health care facility to abate the nuisance.

(NRSAs 441A.910)a THEresult PEOPLEof OFthe THEinclusion STATEof OFsections NEVADA,2-14 REPRESENTEDin INchapter SENATE441A ANDof ASSEMBLY,NRS, DOa ENACTperson AS(NRS FOLLOWS:441A.910)he provisions of sections 2-14 is guilty of a misdemeanor.

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

- *AB263_R1* – 3 – Sec.

“Covered health care facility” means:means a health care facility that receives federal or state money through Medicare or Medicaid:

- *AB263_R2* – 3 – 1.

AWhere facilitya forpatient’s intermediatelength care as defined in NRS 449.0038 that has been certified by the Centers for Medicare and Medicaid Services of thestay Unitedmay Statesexceed Department24 ofhours; Health and Human Services;

AThat facilitycontains forone skilledor nursingmore asareas definedfor inhousing NRSor 449.0039treating patients that hasare beenreceiving certifiedtreatment by the Centers for Medicareburns, andchemotherapy, Medicaidorgan Servicestransplants ofor thebone Unitedmarrow Statestransplants; Department of Health and Human Services;

AThat hospitalcontains asone definedor inmore NRSareas 449.012for thathousing haspatients beenthat certifiedare byimmunocompromised theand Centersat-risk forpersons Medicaretaking andmedications Medicaidthat Servicesweaken of the Unitedimmune Statessystem Departmentor ofwho Healthhave anddiabetes Humanor Services;chronic lung disease;

andor 4.

AThat hospitalis that has been certified as a criticalresidential accessfacility hospitalfor bygroups. the Secretary of Health and Human Services pursuant to 42 U.S.C.

§ 1395i-4(e).

(Deleted“Health bycare amendment.)facility” Sec.means any facility licensed pursuant to chapter 449 of NRS.

Sec.

(Deleted“Residential byfacility amendment.)for Sec.groups” has the meaning ascribed to it in NRS 449.017.

Sec.

- *AB263_R2**AB263_R1* – 4 – (1) At least one person who holds the Water Quality Program Certification for Employers and Designated Representatives, ASSE 12060;

The requirements of paragraph (b) of subsection 2 do not apply to a rural clinic, rural hospital or hospital that has been - *AB263_R2**AB263_R1* – 5 – certified as a critical access hospital by the Secretary of Health and Human Services pursuant to 42 U.S.C.

- *AB263_R2**AB263_R1* – 6 – Sec.

H - *AB263_R2**AB263_R1*