SB 188 — Establishes procedures to assist certain persons with limited English proficiency in accessing health care in certain circumstances. (BDR 40-41)

- 83rd Session (2025) – 5 – Sec.

Has demonstrated proficiency in and understanding of spokenspo(a) orEnglish written,and asat applicable:least one other language;

(a) English and at least one other language;

and 2.

Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safetysaf2.y applicableaFoster tohomes otheras facilitiesdefined ofin aNRS similar424.014.lar category.

2.

Foster homes as defined in NRS 424.014.

- *SB188_R1* – 6 – Sec.

(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410, 449.029 to 449.245, inclusive, and sections 2 to 8, inclusive, of this act, or 449A.100 to 449A.124, inclusive, and 449A.270 to 449A.286, inclusive, or of any other law of- this83rd StateSession (2025) – 6 – thereunder.te or of the standards, rules and regulations adopted thereunder.(b) Aiding, abetting or permitting the commission of any illegal act.

(b) Aiding, abetting or permitting the commission of any illegal act.

(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 sections 2 to 8, inclusive, of this act 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 ownedown(f) byFailure to comply with the licenseeprovisions withoutof approvalNRS 441A.315 and any regulations adopted pursuant tothereto or NRS 439A.102.449.2486.

(f) Failure to comply with the provisions of NRS 441A.315 and any regulations adopted pursuant thereto or NRS 449.2486.

or (c) Is ordered by the appropriate governmental agency to correct ato violationcorrect ofthe aviolation., building, safety or health code or regulation but fails to3. correct the violation.

- *SB188_R1* – 7 – 3.

(b)- A83rd reportSession of(2025) any– investigation7 conducted– with respect to the complaint;

andandt of any investigation conducted with respect to the (c) A report of any disciplinary action taken against the facility.

In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and sections 2 to 8, inclusive, ofofor this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

(d) Except where a greater penalty is authorized by subsection 2, impose an administrative penalty of not more than $5,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum;

andandh -interest *SB188_R1*thereon –at 8a –rate not to (e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:

2.- 83rd Session (2025) – 8 – national provider identifier that is distinct from the national provider identifier used by the main campus and any other off-campus location of the hospital in violation of NRS 449.1818, the Division may impose against the hospital an administrative penalty of not more than $10,000 for each day of such failure, together with interest thereon at a rate not to exceed 10 percent per annum, in addition to any other action authorized by this chapter.

If an off-campus location of a hospital fails to obtain a national provider identifier that is distinct from the national provider identifier used by the main campus and any other off-campus location of the hospital in violation of NRS 449.1818, the Division may impose against the hospital an administrative penalty of not more than $10,000 for each day of such failure, together with interest thereon at a rate not to exceed 10 percent per annum, in addition to any other action authorized by this chapter.

The Division may require any facility that violates any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and sections 2 to 8, inclusive, of this act or any condition, standard or regulation adopted by the Board to make any improvementsimprovements, standard or necessary to correct the violation.

449.240 The district attorney of the county in which the facility is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions inclusive, of NRSthis 449.029act.45, to 449.245, inclusive [.] , and sections 2 to 8, inclusive,Sec. of this act.

- *SB188_R1* – 9 – Sec.

- 83rd Session (2025) – 9 – Sec.

In determining whether a particular action is necessary to complycom(a) withEvaluate, subsectionand 1,give asubstantial weight to, the nature and importance of the services or programs provided by the provider of health care shall:and the relevant communications to the person with limited English proficiency;

(a) Evaluate, and give substantial weight to, the nature and importance of the services or programs provided by the provider of health care and the relevant communications to the person with limited English proficiency;

(b) Be accurate in translation or interpretation and provided withinin a timely manner;

Except as otherwise provided in section 17 of this act, if a provider of health care determines pursuant to subsection 2 that interpretation services or translation services are necessary to ensure compliance with subsection 1, the provider of health care shall use an interpreter or translator who is qualified pursuant to section 19 of this act.

A provider of health care shall ensure that a machine- translated document is reviewed by a translator who is qualified pursuant to section 19 of this act if the document:

is qualified (a) Relates to the rights of a person with limited English proficiency, the goods or services provided by the provider of health care or the ability of a person with limited English proficiency to obtain necessary health care;

(b) Must be accurately translated to ensure compliance with subsection 1 or protect the health and wellbeingwell-being of a person with limited English proficiency;

- *SB188_R1* – 10 – (a) Require a person with limited English proficiency to provide his or her own interpreter or pay the cost of an interpreter;

(b) Utilize an adult who is not qualified as an interpreter pursuant to section 19 of this act to interpret or facilitate - 83rd Session (2025) – 10 – communication for a person with limited English proficiency except where authorized pursuant to subsection 2 or 3;

(c) Utilize a child who is less than 18 years of age to interpret or facilitate communication for a person with limited English proficiencypro(d) exceptUtilize wherea authorizedperson under the supervision of the provider of health care who is not an interpreter or a translator qualified pursuant to subsectionsection 2;19 of this act to interpret or facilitate communication for a person with limited English proficiency.

or (d) Utilize a person under the supervision of the provider of health care who is not an interpreter or a translator qualified pursuant to section 19 of this act to interpret or facilitate communication for a person with limited English proficiency.

A provider of health care may utilize an adult who is not qualified as an interpreter pursuant to section 19 of this act or a personchild underwho is less than 18 years of age to interpret or facilitate communication for a person with limited English proficiency on a temporary, emergency basis if:

A provider of health care may utilize an adult who is not qualified as an interpreter pursuant to section 19 of this act to interpret or facilitate communication for a person with limited English proficiency if the person with limited English proficiency requests for the adult to interpret or facilitate communication for him or her.

or facilitate communication for (a) Made without the adult present to an interpreter who is qualified pursuant to section 19 of this actact; without the adult present;

A provider of health care may use a remote interpreter to provide interpreting services necessary to comply with section 16 of this act if the provider of health care utilizes audio-visual communication technology or audio communication technology that includes, without limitation, synchronous - *SB188_R1* – 11 – interaction with audio and, if applicable, video over a high-speed, - 83rd Session (2025) – 11 – wide-bandwidth connection or wireless connection that, to the extent possible:

(a) Does not produce a lag or irregular pauses in communication or, if applicable, images;

(b)and(b) Provides transmission of voice that is clear and audible;

and (c) If applicable, produces a high-quality video image that is not blurry or grainy and is large enough to display the face of the interpreter and person with limited English proficiency, regardless of body position.

Has demonstrated proficiency in interpreting or translating, as applicable, effectively, accurately and impartially, including, without limitation, using specialized vocabulary or termsterSec. without change, omission or addition.

Sec.

1.1.changA provider of health care who violates any provision of sections 15 to 20, inclusive, of this act may be disciplined by the board, agency or other entity in this State by which he or she is licensed, certified or regulated.

A provider of health care who violates any provision of sections 15 to 20, inclusive, of this act is guilty of unprofessional conduct and is subject to disciplinary action by the board, agency or other entity in this State by which he or she is licensed, certified or regulated.

The Board may, after notice and an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and - *SB188_R1*83rd Session (2025) – 12 – place on probation or impose any combination of the foregoing on any licensee who:

(d) Aids or abets any person in the violation of any of the provisions of NRS 449.029 to 449.2428, inclusive, and sections 2 to 8, inclusive, of this act or 449A.100 to 449A.124, inclusive, and 449A.270 to 449A.286, inclusive, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or a residential facility for groups.

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