AB 130 — Revises provisions relating to assisted living facilities. (BDR 40-694)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on May 30, 2023) FIRST REPRINT A.B.

130130–Assemblywomen ABilbray-Axelrod; SSEMBLY B ILLN O.

130–ASSEMBLYWOMENand BILBRAYConsidine -ACHAPTER.......... XELROD ;

AND C ONSIDINE F EBRUARY 9, 2023 ____________ Referred to Committee on Ways and Means SUMMARY—Revises provisions relating to assisted living facilities.

(BDR 40-694) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law establishes the Fund for a Healthy Nevada in the State Treasury and requires the State Treasurer to deposit in the Fund a portion of all moneyymoney received by this State resulting from any settlement or judgment in a civil action against a manufacturer of tobacco products.

(NRS 439.620) Existing law requires the Department of Health and Human Services to allocate $200,000 of all revenues deposited in the Fund each year for direct expenditure by the Director of theues Department to award competitive grants to finance the establishment or expansion of assisted living facilities that provide certain services pursuant to a program established under Medicaid.

(NRS 439.630) In order to provide such services, existing law requires an assisted living facility to be certified as meeting certain criteria relating to affordability, the provision of case management services and financing.

This bill also requires the Director, when awarding such grants, to prioritize assisted living facilities that meet certain criteria relating to affordability, the provision of case management servicesetservices and financing.

-EXPLANATION *AB130_R1* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

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

(b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of- the82nd residentsSession of(2023) this– State,2 including,– without limitation, the specific health problems that are endemic to urban and ruralruraln, the communities, and report the results of the evaluation to the Joint Interim Standing Committee on Health and Human Services on an annual basis.

From the money allocated pursuant to this paragraph, the Department may subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without,without to limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens and persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive.

- *AB130_R1* – 3 – (d) Subject to legislative authorization, allocate, by contract or grant, money for expenditure by the Aging and Disability Services Division of the Department in the form of grants for existing or new programs that assist senior citizens and other specified persons with independent living, including, without limitation, programs that provide:

(1) Respite care or relief of informal caretakers, including, without limitation, informal caretakers of any person with Alzheimer’s disease or other related dementia regardless of the age of the person;

 The Aging and Disability Services Division of the Department shall consider recommendations from the Grants Management Advisory- Committee82nd Session (2023) – 3 – senior citizens.ee concerning the independent living needs of senior(e) citizens.Allocate $200,000 of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Director to award competitive grants to finance the establishment , [or] expansion and operation of assisted living facilities that provide services pursuant to the provisions of the home and community- based services waiver which are amended pursuant to NRS 422.3962.

(e) Allocate $200,000 of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Director to award competitive grants to finance the establishment , [or] expansion and operation of assisted living facilities that provide services pursuant to the provisions of the home and community- based services waiver which are amended pursuant to NRS 422.3962.

(f) Subject to legislative authorization, allocate to the Division money for programs that are consistent with the guidelines established by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services relating to evidence-based best practices to prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.

and - *AB130_R1* – 4 – (3) For statewide programs for tobacco cessation and other statewide services for tobacco cessation and for statewide evaluations of programs which receive an allocation of money pursuant to this paragraph, as determined necessary by the Division andand(g) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the districthealth boardsand well-being of health.residents of this State, including, without limitation, programs that improve health services for children.

(g) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health and well-being of residents of this State, including, without limitation, programs that improve health services for children.

In making allocations pursuant to this paragraph, the Department shall, to the extent - 82nd Session (2023) – 4 – practicable, allocate the money evenly among the following three types of programs:

(2) Programs that provide positive behavioral supports to persons with disabilities;

andande positive behavioral supports to (3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.

A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs.

(3) Review and consider the recommendations of the Grants Management Advisory Committee submitted pursuant to NRS 232.385;

Advisory Committee submitted pursuant to (4) Conduct annual evaluations of programs to which allocations have been awarded;

and - *AB130_R1* – 5 – (5) Submit annual reports concerning the programs to the Governor, the Interim Finance Committee, the Joint Interim Standing Committee on Health and Human Services and any other committees or commissions the Director deems appropriate.

(n) After considering the recommendations submitted to the Director pursuant to subsection 6, develop a plan each biennium to determine the percentage of available money in the Fund for a Healthy- Nevada82nd toSession be(2023) allocated– from5 the– Fund for the purposes described in paragraphs (c), (d), (f), (g) and (h).

(a)specified Prioritizepersons andfor quantifythese theprograms;eds needs of senior citizens and other specified(b) personsDevelop, forsolicit theseand programs;accept grant applications for allocations;

(b) Develop, solicit and accept grant applications for allocations;

- *AB130_R1* – 6 – 4.

The Aging and Disability Services Division of the Department shall submit each proposed grant or contract which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant or contract is awarded.

The Aging and Disability Services Division of the Department shall not expend or transfer any money allocated to the Aging and Disability Services Division pursuant to this section to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other - 82nd Session (2023) – 6 – benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens or persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive.