SB 138 — Makes revisions governing health care for pregnant women and newborn children. (BDR 40-580)

(ReprintedSenate withBill amendmentsNo. adopted on April 16, 2025) FIRST REPRINT S.B.

138138–Senator SENATECannizzaro BJoint ILLSponsors: NO .

138–SENATORAssemblymembers CBrown-May, ANNIZZAROGonzález, PREFILEDGray, JANUARYNadeem, 30,Nguyen 2025 ____________ Referred to Committee on Health and HumanOrentlicher ServicesCHAPTER.......... SUMMARY—Makes revisions governing health care for pregnant women and newborn children.

(BDR 40-580) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

(NOTRAEQUESTED BAFFECTELOCAL§GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;

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

requiring certain hospitals to enroll as a qualified provider for determining whether a pregnant woman is presumptively eligible for Medicaid;Medicaid or contract with certain entities to make such determinations;

requiring such hospitals and contractors to provide notices relating to Medicaid to certain persons;

Existing law requires certain hospitals to enter into agreements with the United States Secretary of Health and Human Services to accept payment throughhthrough theDepartment Unitedof Medicare.Health and Human Services to authorize a pregnant woman who is determined to be presumptively eligible for Medicaid to enroll in Medicaid for a specified period of time without submitting an application for enrollment in Medicaid which includes additional proof of eligibility.

(NRS 449.1821)422.27171) ExistingSection law2.4 also requires the Director of thethis Departmentbill ofrequires Health and Human Services to authorize a pregnanthospital womanthat whoprovides isbirthing determinedservices to beenroll presumptivelyas eligiblea forqualified Medicaidprovider to enrolldetermine inwhether Medicaid for a specifiedpregnant periodwoman ofis timepresumptively withoutdeterminations submittingunder anfederal applicationlaw. for enrollment in Medicaid which includes additional proof of eligibility.

(NRS 422.27171) Section 2.4 of this bill requires athe hospital thator providesqualified birthingentity services to:

(1) enroll as a qualified provider to determine whether aeach pregnant woman isseeking presumptively services from the hospital is presumptively eligible for Medicaid;

and (3)(2) notify a pregnant woman and the parent or legal guardian of certain newborn children of federal benefits that the woman or child, as applicable, may be eligible to receive.

Existing law establishes certain rights for patients of medical facilities and facilitiesestablishes forcertain therights dependent.of a parent or legal guardian of a newborn child who is receiving care in a neonatal intensive care unit of a hospital.

(NRS 449A.100-449A.124) Section 2.62.2 of this bill establishesauthorizes certainthe rightssuspension of a parent or legalrevocation guardian of athe newbornlicense childof who is receiving care in a neonatalhospital intensivethat carefails unitto ofhonor asuch hospital.rights.

SectionEXPLANATION 2.2 of this bill - *SB138_R1* – 2Matter –in authorizesbolded theitalics suspensionis ornew; revocation of the license of a hospital that fails to honor such rights.

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

SectionSections 1.1 and 2.

2.

(Deleted by amendment.) Sec.

The Division may deny an application for a license or may suspend or revoke any license issued under the - 83rd Session (2025) – 2 – following grounds:449.029 to 449.2428, inclusive, upon any of the (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410, 449.029 to 449.2428,449.245, inclusive, uponor 449A.100 to 449A.124, inclusive, and section 2.6 of this act, and 449A.270 to 449A.286, inclusive, or of any other law of this State or of the followingstandards, grounds:rules and regulations adopted thereunder.

(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410, 449.029 to 449.245, inclusive, or 449A.100 to 449A.124, inclusive, and section 2.6 of this act, and 449A.270 to 449A.286, inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

(e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or 439A.102 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required, including, without limitation, the closure or conversion of any hospital in a county whose population is 100,000 or more that is owned by the licensee without approval pursuant to NRS 439A.102.

-NRS *SB138_R1*202.470;nvicted – 3 – (a) Is convicted of violating any of the provisions of (b) Is ordered to but fails to abate a nuisance pursuant to NRS 202.470;244.360, 244.3603 or 268.4124;

(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124;

The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection- 2.83rd Session (2025) – 3 – adults during the day:sion shall provide to a facility for the care of (a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;

The Division shall provide to a facility for the care of adults during the day:

(a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;

Sec.

2.4.

NRS 449.1821 is hereby amended to read as follows:

A hospital, other than a psychiatric hospital,hospital,s: critical access hospital or rural hospital, shall enter into an agreement with the United States Secretary of Health and Human Services pursuant to 42 U.S.C.

critical access hospital or rural hospital, shall enter into an agreement with the United States Secretary of Health and Human Services pursuant to 42 U.S.C.

(a) Enroll as a qualified provider to determine whether a pregnant woman is presumptively eligible for Medicaid pursuant to NRS 422.27171;422.27171 and:

(b)(1) Determine whether each pregnant woman seeking services from the hospital is presumptively eligible for Medicaid;

and (c)(2) If a child is born prematurely, with a low birth weight or with any other condition that qualifies the child for benefits under the Supplemental Security Income Program, ensure that the parent or legal guardian of the child receives written notice that the child may be eligible to receive benefits under thethenotice that Supplemental Security Income Program and Medicaid.Medicaid;