Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(82nd) A AB383 R1 873 Amendment No.
383–Assemblymen873 Torres,Assembly Peters,Amendment Gorelow,to González;Assembly Bill No.
Anderson,383 Bilbray-Axelrod,First Brown-May,Reprint Considine,(BDR D’Silva,40-116) Duran,Proposed Jauregui,by: C.H.
Miller,Assembly Newby,Committee Summers-Armstrong,on ThomasWays and WattsMeans JointAmends: Sponsor:
SenatorSummary: D.
HarrisNo CHAPTER..........Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes Adoption of this amendment will ADD an appropriation where one does not currently exist in A.B.
383 R1.
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:
5/31/2023 A.B.
No.
383—Revises provisions relating to health care.
(BDR 40-116) Page 1 of 8 *A_AB383_R1_873* Assembly Amendment No.
873 to Assembly Bill No.
383 First Reprint Page 3 A SSEMBLY B ILLNO .
383–ASSEMBLYMEN T ORRES, PETERS, GORELOW , GONZÁLEZ ;
A NDERSON , BILBRAY-AXELROD , ROWN -M AY , ONSIDINE, D’SILVA, DURAN , JAUREGUI , C.H.
MILLER, EWBY , SUMMERS -A RMSTRONG , THOMAS AND W ATTS M ARCH 22,2023 _______________ JOINTS PONSORS:
SENATOR D.
H ARRIS _______________ 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.
Existing law prescribes certain rights for a patient of a medical facility or a facility for the dependent.
(NRS 449A.100-449A.124) Sections 2-7 of this bill establish the Right totofacility for the Reproductive Health Care Act.
Section 6 of this bill applies the provisions of the Act to certain state laws and all local laws and ordinances and the implementation of those laws and ordinances, regardless of when those laws or and the ordinances were enacted.
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 services within his or her scope of practice, training and experience.
(1) furthers a compellingAssembly interest;Amendment No.
873 to Assembly Bill No.
383 First Reprint Page 4 compelling interest;
Section 7 drugs or devices related to reproductive health services or information related tos,to reproductive health services is burdened to bring or defend an action in court and obtain appropriate relief.
Existing law requires the State Plan for Medicaid to include coverage for certain contraceptive drugs;drugs and devices, including:
(1) up to a 12-month supply of contraceptive drugs;
and (3) voluntarylyvoluntary of - 82nd Session (2023) – 2 – sterilization for women.
and (3) [a portion of] the cost of language translation services providedSection to8 facilitaterequires the provision Division of Health Care Financing and Policy of the DepartmentDepartmentices. 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.
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.
(1) cover certain contraceptive services when provided by any provider of health care for whom the reimburseservices aare providerwithin ofhis health care, other than a physician, physician assistant or advancedher practicescope registeredof nurse,practice, fortraining providingand suchexperience; services at a rate that is not less than the rate provided to a physician, physician assistant or advanced practice registered nurse;
and(2) (3)reimburse covera 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, 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 andby, certainthe otherDivision purposes.offor costs of providing Medicaid coverage for translation services EXPLANATIONand –certain Matterother inpurposes. bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
-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.
2.Assembly Amendment No.
873 to Assembly Bill No.
383 First Reprint Page 5 2.
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.
(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;
andservicesand or information related to reproductive (b) 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 - 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:
Sec.Assembly Amendment No.
873 to Assembly Bill No.
383 First Reprint Page 6 Sec.
The Director shall include in the State Plan for expendituresMedicaid incurreda for:trequirement that the State pay the nonfederal share of (a)expenditures Upincurred tofor: 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:
-(f) 82ndManagement Sessionof (2023)side –effects 5relating –to (g)contraception; Voluntary sterilization [for women.] ;
andtraception;[and] (g) Voluntary sterilization [for women.] ;
[and]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.
(b) Provide coverage for the services described in subsection 1 orregardless outpatientof setting.thosewhether those services are provided in an inpatient 7.or outpatient setting.
The7. 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 DivisionDirector shall developinclude ain methodologythe establishingState aPlan rate of compensation for suchMedicaid translationa servicesrequirement that isthe costState effectivepay and comparable to the -nonfederal 82ndshare Sessionof (2023)expenditures –incurred 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 (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 Assembly Amendment No.
873 to Assembly Bill No.
383 First Reprint Page 7 Program.] The Division shall 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.
(a) “Drug Use Review Board” has the meaning ascribed to it in NRS(b)NRS “Therapeutic422.402. equivalent” means a drug which:
(b) “Therapeutic equivalent” means a drug which:
Secs.Sec.
9-20.9.
10.
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11.
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12.
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14.
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16.
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19.
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20.
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For the Fiscal Year 2023-2024....................................$15,1022023-2024 .......................................................$15,102 For the Fiscal Year 2024-2025....................................$23,4492024-2025 .......................................................$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 of Health and Human Services for the same purpose as set forth in subsection 1:
Human Services for the same purpose as set forth in For the Fiscal Year 2023-2024....................................$47,7532023-2024 .......................................................$47,753 For the Fiscal Year 2024-2025....................................$72,0732024-2025 .......................................................$72,073 3.
-Sec. 82nd Session (2023) – 7 – approval.1.
21.
This section becomes effective upon passage and 2.approval.
2.
(a)Assembly UponAmendment passageNo. and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
873 to Assembly Bill No.
383 First Reprint Page 8 (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
~~~~~ 23 - 82nd Session (2023)