AB 284 — Requires the Director of the Department of Health and Human Services to seek to establish certain rates of reimbursement under Medicaid for certain devices to treat epilepsy. (BDR S-571)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on April 14, 2025) FIRST REPRINT A.B.

284284–Assemblymember ABrown-May SSEMBLYCHAPTER.......... BILL NO .

284–ASSEMBLYMEMBER BROWN -M AY FEBRUARY 25, 2025 ____________ Referred to Committee on Health and Human Services SUMMARY—Requires the Director of the Department of Health and Human Services to seek to establish certain rates of reimbursement under Medicaid for certain devices to treat epilepsy.

(BDR S-571) 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.

requiring the Director of the Department of Health and Human Services to seek to establish certain rates of reimbursement under Medicaid for vagus nerve stimulation therapy devices,devices and replacement parts for such a device and the procedures necessary to implant, repair or replace a part of such a device;

making an appropriation;

(NRS 422.270) ThisSection 2 of this bill requires the Director of the Department to submit to the United States Secretary of Health and Human thanServices ora equalrequest to 82include percentunder Medicaid to provide rates of stimulation therapy device prescribed for the costtreatment for:of epilepsy;

(1)and a(2) vagusanyerve nervereplacement stimulationpart therapyfor device;such a device.

(2)Section 2 also clarifies that the rates of reimbursement established for the cost of a vagus nerve stimulation therapy device and any replacement part for such a device;device must be separate from and in addition to the rates of reimbursement for medical care necessary for the implantation or repair of such a device or the replacement of a part for the device.

Section 1 of this bill Care Financing and (3)Policy of the procedureDepartment necessaryfor tocertain implant,costs repairassociated orwithth replacemaking athe partincreases to rates of suchreimbursement aunder device.Medicaid required by section 2.

ThisEXPLANATION bill– alsoMatter clarifies that the rates of reimbursement established for the cost of a vagus nerve stimulation therapy device and any replacement part for such a device must be separate from and in implantationbolded oritalics repairis ofnew; such a device or the replacement of a part for the device.

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

OnThere oris beforehereby Octoberappropriated 1,from 2025,the State General Fund to the DirectorDivision of Health Care Financing and Policy of the Department of Health and Human Services shallfor submitcarrying toout the -provisions *AB284_R1*of –section 2 –of Unitedthis Statesact Secretaryand ofmaking Healthupgrades andto Humancomputer Servicessystems anecessary request to includecarry underout Medicaid:those provisions the following sums:

(a)For A rate of reimbursement for a vagus nerve stimulation therapy device that is greater than or equal to 82 percent of the costFiscal ofYear (b)2025-2026....................................$54,728 AFor rate of reimbursement for any replacement part for a vagus nerve stimulation therapy device that is greater than or equal to 82 percent of the costFiscal ofYear such2026-2027..................................$240,004 a2. replacement part;

andAny (c)balance Aof ratethe sums appropriated by subsection 1 remaining at the end of reimbursementthe respective fiscal years must not be committed for expenditure after June 30 of the procedurerespective necessaryfiscal years by the entity to implant,which repairthe appropriation is made or replaceany aentity partto which money from the appropriation is granted or otherwise transferred in any manner, and any portion of athe vagusappropriated nervemoney stimulationremaining therapymust devicenot thatbe isspent greaterfor thanany orpurpose equalafter - 83rd Session (2025) – 2 – September 18, 2026, and September 17, 2027, respectively, by either the entity to 82which percentthe ofmoney was appropriated or the costentity ofto which the procedure.money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.

3.

Expenditure of the following sums not appropriated from the State General Fund or the 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 purposes as set forth in subsection 1:

For the Fiscal Year 2025-2026..................................$188,270 Sec.

The1. rates of reimbursement established pursuant to paragraphs (a) and (b) of subsection 1 must be separate from and in addition to the rates of reimbursement for the medical care necessary for implantation or repair of a vagus nerve stimulation therapy device or the replacement of a part for such a device.

On or before October 1, 2025, the Director of the.......$700,098 Department of Health and Human Services shall submit to the United States Secretary of Health and Human Services a request to include under Medicaid:

(a) A rate of reimbursement for a vagus nerve stimulation therapy device prescribed for the treatment of epilepsy that is greater than or equal to 82 percent of the acquisition cost of such a device;

and (b) A rate of reimbursement for any replacement part for a vagus nerve stimulation therapy device prescribed for the treatment of epilepsy that is greater than or equal to 82 percent of the acquisition cost of such a replacement part.

2.

The rates of reimbursement established pursuant to subsection 1 must be separate from and in addition to the rates of reimbursement for the medical care necessary for implantation or repair of a vagus nerve stimulation therapy device or the replacement of a part for such a device.

3.

1.

This section and section 1 of this act become effective on July 1, 2025.

ThisSection 2 of this act becomes effective uponon passageMarch and1, approval.2026.

H~~~~~ 25 - *AB284_R1*83rd Session (2025)