Nevada 2023 Regular Session Status: To Executive 9 D cosponsors

AB 383 — Revises provisions relating to health care. (BDR 40-116)

Last action — Vetoed by the Governor.

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

This bill died with 2023 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Joe Lombardo (Republican) on June 16, 2023.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

250 added · 247 removed

250 line(s) added, 247 removed.

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(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT A.B.
Assembly Bill No.
383 A SSEMBLY BILL N O.
383–Assemblymen Torres, Peters, Gorelow, González;
383–A SSEMBLYMEN T ORRES , PETERS , G ORELOW , G ONZÁLEZ ;
Anderson, Bilbray-Axelrod, Brown-May, Considine, D’Silva, Duran, Jauregui, C.H.
A NDERSON , B ILBRAY-AXELROD , B ROWN -M AY, C ONSIDINE, D’SILVA , DURAN , JAUREGUI , C.H.
Miller, Newby, Summers-Armstrong, Thomas and Watts Joint Sponsor:
M ILLER , NEWBY , SUMMERS -ARMSTRONG , THOMAS AND W ATTS M ARCH 22, 2023 ____________ JOINT SPONSORS :
Senator D.
ENATOR D.
Harris CHAPTER..........
HARRIS ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to health care.
(BDR 40-116) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
making appropriations to and authorizing expenditures by the Division of Health Care Financing and Policy of the Department of Health and Human Services;
Section 7 of this bill generally prohibits a governmental entity from enacting or implementing any limitation or requirement that singles out - *AB383_R1* – 2 – reproductive health services and substantially burdens:
Section 7 of this bill generally prohibits a governmental entity from enacting or implementing any limitation or requirement that singles out reproductive health services and substantially burdens:
or (2) the ability of a provider of health care to provide reproductive health services, drugs or devices related to reproductive health services or information related to reproductive health creates an exception to such prohibitions if the governmental entity demonstrates by clear and convincing evidence that the burden, as applied to the person or provider of health care who is subject to the burden:
or (2) the ability of a related to reproductive health services or information related to reproductive health services within his or her scope of practice, training and experience.
Section 7 creates an exception to such prohibitions if the governmental entity demonstrates by clear and convincing evidence that the burden, as applied to the person or provider of health care who is subject to the burden:
Section 7 authorizes a person whose ability to obtain or provide reproductive health services, drugs or devices related to reproductive health services or information related to reproductive health services is burdened to bring or defend an action in court and fees to a person who prevails on such a claim.a court to award costs and attorney’s Existing law requires the State Plan for Medicaid to include coverage for certain contraceptive drugs and devices, including:
Section 7 drugs or devices related to reproductive health services or information related tos, reproductive health services is burdened to bring or defend an action in court and obtain appropriate relief.
(1) up to a 12-month supply of contraceptive drugs;
Section 7 requires a court to award costs and attorney’s fees to a person who prevails on such a claim.
Existing law requires the State Plan for Medicaid to include coverage for contraceptive drugs;
and (3) voluntary sterilization for women.
and (3) voluntaryly of - 82nd Session (2023) – 2 – sterilization for women.
the provision of covered contraceptive drugs, devices and services.
and (3) the cost of language translation services provided to facilitate the provision Division of Health Care Financing and Policy of the Department of Health and Human Services to develop a methodology establishing a rate of compensation for such translation services that is cost effective and comparable to the rate paid for translation services by other governmental entities that arrange for the provision of such services.
Section 8 alsoate requires the State Plan to:
Section 8 also requires the State Plan to:
(1) cover certain contraceptive services when provided by any provider of health care for whom the services are within his or her scope of practice, training and experience;
(1) cover certain contraceptive services when provided by any provider of health care for whom the reimburse a provider of health care, other than a physician, physician assistant or advanced practice registered nurse, for providing such services at a rate that is not less than the rate provided to a physician, physician assistant or advanced practice registered nurse;
(2) reimburse a provider of health care, other than a physician, physician assistant or advanced practice registered nurse, for providing such services at a rate that is not less than the rate provided to a physician, services regardless of whether the services are provided in an inpatient or outpatient setting.
and (3) cover such services regardless of whether the services are provided in an inpatient or outpatient setting.
Section 20.5 of this bill makes appropriations to, and authorizes expenditures and certain other purposes.of providing Medicaid coverage for translation services EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
“Reproductive health services” means medical, surgical, counseling or referral services relating to the human - *AB383_R1* – 3 – reproductive system, including, without limitation, services relating to pregnancy, contraception, miscarriage, in-vitro fertilization or any procedure or care found by a competent medical professional to be appropriate based upon the wishes of a patient and in accordance with the laws of this State.
“Reproductive health services” means medical, surgical, counseling or referral services relating to the human reproductive system, including, without limitation, services relating to pregnancy, contraception, miscarriage, in-vitro fertilization or any procedure or care found by a competent medical professional to be appropriate based upon the wishes of a patient and in accordance with the laws of this State.
Sec.
- 82nd Session (2023) – 3 – the provisions of sections 2 to 7, inclusive, of this act apply to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise, and whether enacted before, on or after January 1, 2024.
6.
1.
Except as otherwise provided in this subsection, the provisions of sections 2 to 7, inclusive, of this act apply to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise, and whether enacted before, on or after January 1, 2024.
or (2) The ability of a provider of health care to provide reproductive health services or information related to reproductive health services or to provide, administer, dispense or prescribe any drug or device related to reproductive health services within the scope of practice, training and experience of the provider of health care.
or reproductive health services or information related to reproductive health services or to provide, administer, dispense or prescribe any drug or device related to reproductive health services within the scope of practice, training and experience of the provider of health care.
(a) Expressly, effectively, implicitly or, as implemented, singles out reproductive health services, drugs or devices related to reproductive health services or information related to reproductive health services or any providers of health care or facilities that provide reproductive health services, drugs or devices related to reproductive health services or information related to reproductive health services;
(a) Expressly, effectively, implicitly or, as implemented, singles out reproductive health services, drugs or devices related to reproductive health services or information related to reproductive health services or any providers of health care or facilities that provide reproductive health services, drugs or devices related to health services;
and (b) Substantially burdens:
andservices or information related to reproductive (b) Substantially burdens:
or - *AB383_R1* – 4 – (2) The ability of a provider of health care to provide reproductive health services, drugs or devices related to reproductive health services or information related to reproductive health services within the scope of practice, training and experience of the provider of health care.
or (2) The ability of a provider of health care to provide reproductive health services, drugs or devices related to reproductive health services or information related to reproductive - 82nd Session (2023) – 4 – health services within the scope of practice, training and experience of the provider of health care.
A governmental entity may enact a requirement or limitation described in subsection 1 if the governmental entity demonstrates by clear and convincing evidence that the burden imposed by the requirement or limitation on the activity described in paragraph (b) of subsection 1, as applied to the person or provider of health care who is subject to the burden:
A governmental entity may enact a requirement or limitation described in subsection 1 if the governmental entity imposed by the requirement or limitation on the activity described in paragraph (b) of subsection 1, as applied to the person or provider of health care who is subject to the burden:
The Director shall include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures incurred for:
The Director shall include in the State Plan for expenditures incurred for:t the State pay the nonfederal share of (a) Up to a 12-month supply, per prescription, of any type of drug for contraception or its therapeutic equivalent which is:
(a) Up to a 12-month supply, per prescription, of any type of drug for contraception or its therapeutic equivalent which is:
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- *AB383_R1* – 5 – (e) Education and counseling relating to the initiation of the use of contraceptives and any necessary follow-up after initiating such use;
(e) Education and counseling relating to the initiation of the use of contraceptives and any necessary follow-up after initiating such use;
(f) Management of side effects relating to contraception;
- 82nd Session (2023) – 5 – (g) Voluntary sterilization [for women.] ;
[and] (g) Voluntary sterilization [for women.] ;
andtraception;
and (h) Any clinical services relating to the drugs, devices and services described in paragraphs (a) to (g), inclusive.
[and] (h) Any clinical services relating to the drugs, devices and services described in paragraphs (a) to (g), inclusive.
The Plan may require a person enrolled in Medicaid to pay a higher deductible, copayment or coinsurance for a drug for contraception if the person refuses to accept a therapeutic equivalent of the contraceptive drug.
The Plan may require a person enrolled in Medicaid to pay a contraception if the person refuses to accept a therapeutic equivalent of the contraceptive drug.
(b) Provide coverage for the services described in subsection 1 regardless of whether those services are provided in an inpatient or outpatient setting.
(b) Provide coverage for the services described in subsection 1 or outpatient setting.those services are provided in an inpatient 7.
7.
The Director shall include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures incurred for the costs of any language translation services provided to facilitate the provision of any drug, device or service described in subsection 1.
The Director shall include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures incurred for:
The Division shall develop a methodology establishing a rate of compensation for such translation services that is cost effective and comparable to the - 82nd Session (2023) – 6 – rate paid for translation services by other governmental entities that arrange for the provision of such services.
(a) One-quarter of the costs of any language translation services provided to facilitate the provision of any drug, device or service described in subsection 1 to a recipient of Medicaid who is eligible for the Children’s Health Insurance Program;
and - *AB383_R1* – 6 – (b) One-half of the costs of any language translation services provided to facilitate the provision of any drug, device or service described in subsection 1 to a recipient of Medicaid who is not eligible for the Children’s Health Insurance Program.
(a) “Drug Use Review Board” has the meaning ascribed to it in NRS 422.402.
(a) “Drug Use Review Board” has the meaning ascribed to it in NRS(b) “Therapeutic equivalent” means a drug which:
(b) “Therapeutic equivalent” means a drug which:
Sec.
Secs.
9.
9-20.
10.
20.5.
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21.
This section becomes effective upon passage and approval.
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 for costs of providing Medicaid coverage for translation services, changes to the Medicaid Management Information System and manual claim pricing associated with implementing the provisions of this act the following sums:
2.
For the Fiscal Year 2023-2024....................................$15,102 For the Fiscal Year 2024-2025....................................$23,449 2.
Expenditure of the following sums not appropriated from the State General Fund or State Highway Fund is hereby authorized by the Division of Health Care Financing and Policy of the Department subsection 1:
Human Services for the same purpose as set forth in For the Fiscal Year 2023-2024....................................$47,753 For the Fiscal Year 2024-2025....................................$72,073 3.
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 to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
- 82nd Session (2023) – 7 – approval.1.
1.
This section becomes effective upon passage and 2.
Section 20.5 of this act becomes effective on July 1, 2023.
3.
H - *AB383_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

2 amendments

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Action History

  1. Vetoed by the Governor.

  2. Enrolled and delivered to Governor.

  3. Read third time. Passed. Title approved. (Yeas: 16, Nays: 5.) To Assembly. In Assembly. To enrollment.

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

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

  6. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 873.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 28, Nays: 14.) To printer.

  7. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Rereferred to Committee on Ways and Means. Exemption effective. To committee.

  8. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 272.) To printer.

  9. 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

Sponsorship breakdown

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4 sponsors · 13 co-sponsors · 50 not signed on

Sponsors (4)

Co-sponsors (13)

Not signed on (50)

50 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare health-insurance
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Frequently asked questions

Who sponsors AB 383?
AB 383 is sponsored by Torres-Fossett, Selena (Democratic), González, Cecelia (Democratic), Anderson, Natha C. (Democratic), Brown-May, Tracy (Democratic), Considine, Venicia (Democratic), D'Silva, Reuben (Democratic), Jauregui, Sandra (Democratic), Sabra Newby, Clara Thomas, Watts, Howard (Democratic), Miller, Brittney M. (Democratic), Harris, Dallas, Summers-Armstrong, Shondra, Duran, Bea, Shannon Bilbray-Axelrod, Gorelow, Michelle, and Peters, Sarah.
What is the current status of AB 383?
This bill died with 2023 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 383?
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