AB31 - Provides for certain Medicaid reimbursement of providers of nonemergency secure behavioral health transport services. (BDR 38-368)

EXEMPT (Reprinted with amendments adopted on April 14, 2025) FIRST REPRINT A.B. 31 - *AB31_R1* ASSEMBLY BILL NO. 31–COMMITTEE ON HEALTH AND HUMAN SERVICES (ON BEHALF OF THE SOUTHERN REGIONAL BEHAVIORAL HEALTH POLICY BOARD) PREFILED NOVEMBER 14, 2024 ____________ Referred to Committee on Health and Human Services SUMMARY—Provides for certain Medicaid reimbursement of providers of nonemergency secure behavioral health transport services. (BDR 38-368) 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. AN ACT relating to Medicaid; providing for certain reimbursement under Medicaid of providers of nonemergency secure behavioral health transport services; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Department of Health and Human Services, through 1 the Division of Health Care Financing and Policy of the Department, to administer 2 Medicaid. (NRS 422.2357, 422.270) Section 1 of this bill requires the Director of 3 the Department to include under Medicaid a requirement that providers of 4 nonemergency secure behavioral health transport services that are covered by 5 Medicaid be reimbursed for certain distances traveled while going to pick up or 6 returning from dropping off a patient. Section 2 of this bill makes a conforming 7 change to require the Director to administer the provisions of section 1 in the same 8 manner as the provisions of existing law governing Medicaid. Section 3 of this bill 9 requires the Director to apply for any federal authority that is necessary to increase 10 by: (1) at least 15 percent the rate of reimbursement for nonemergency secure 11 behavioral health transport services covered by Medicaid when the pick-up location 12 or drop-off location, or both, are located in a county whose population is less than 13 100,000 (currently all counties other than Clark and Washoe Counties); and (2) at 14 least 10 percent for all other nonemergency secure behavioral health transport 15 services covered by Medicaid. 16 – 2 – - *AB31_R1* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 422 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. The Director shall, to the extent that federal financial 3 participation is available, include under Medicaid a requirement 4 that providers of nonemergency secure behavioral health 5 transport services that are covered by Medicaid be reimbursed for 6 the distance traveled between: 7 (a) The location where a vehicle of the provider is based and 8 the location at which the vehicle picks up a patient who is being 9 transported; and 10 (b) The location at which a vehicle of the provider drops off a 11 patient who is being transported and the location where the 12 vehicle is based. 13 2. The Department shall: 14 (a) Apply to the Secretary of Health and Human Services for 15 any waiver of federal law or apply for any amendment of the State 16 Plan for Medicaid that is necessary for the Department to receive 17 federal funding to provide the reimbursement described in 18 subsection 1. 19 (b) Fully cooperate in good faith with the Federal Government 20 during the application process to satisfy the requirements of the 21 Federal Government for obtaining a waiver or amendment 22 pursuant to paragraph (a). 23 3. As used in this section, “nonemergency secure behavioral 24 health transport services” has the meaning ascribed to it in 25 NRS 433.3317. 26 Sec. 2. NRS 232.320 is hereby amended to read as follows: 27 232.320 1. The Director: 28 (a) Shall appoint, with the consent of the Governor, 29 administrators of the divisions of the Department, who are 30 respectively designated as follows: 31 (1) The Administrator of the Aging and Disability Services 32 Division; 33 (2) The Administrator of the Division of Welfare and 34 Supportive Services; 35 (3) The Administrator of the Division of Child and Family 36 Services; 37 (4) The Administrator of the Division of Health Care 38 Financing and Policy; and 39 (5) The Administrator of the Division of Public and 40 Behavioral Health. 41 – 3 – - *AB31_R1* (b) Shall administer, through the divisions of the Department, 1 the provisions of chapters 63, 424, 425, 427A, 432A to 442, 2 inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 3 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and 4 section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 5 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, 6 and 445A.010 to 445A.055, inclusive, and all other provisions of 7 law relating to the functions of the divisions of the Department, but 8 is not responsible for the clinical activities of the Division of Public 9 and Behavioral Health or the professional line activities of the other 10 divisions. 11 (c) Shall administer any state program for persons with 12 developmental disabilities established pursuant to the 13 Developmental Disabilities Assistance and Bill of Rights Act of 14 2000, 42 U.S.C. §§ 15001 et seq. 15 (d) Shall, after considering advice from agencies of local 16 governments and nonprofit organizations which provide social 17 services, adopt a master plan for the provision of human services in 18 this State. The Director shall revise the plan biennially and deliver a 19 copy of the plan to the Governor and the Legislature at the 20 beginning of each regular session. The plan must: 21 (1) Identify and assess the plans and programs of the 22 Department for the provision of human services, and any 23 duplication of those services by federal, state and local agencies; 24 (2) Set forth priorities for the provision of those services; 25 (3) Provide for communication and the coordination of those 26 services among nonprofit organizations, agencies of local 27 government, the State and the Federal Government; 28 (4) Identify the sources of funding for services provided by 29 the Department and the allocation of that funding; 30 (5) Set forth sufficient information to assist the Department 31 in providing those services and in the planning and budgeting for the 32 future provision of those services; and 33 (6) Contain any other information necessary for the 34 Department to communicate effectively with the Federal 35 Government concerning demographic trends, formulas for the 36 distribution of federal money and any need for the modification of 37 programs administered by the Department. 38 (e) May, by regulation, require nonprofit organizations and state 39 and local governmental agencies to provide information regarding 40 the programs of those organizations and agencies, excluding 41 detailed information relating to their budgets and payrolls, which the 42 Director deems necessary for the performance of the duties imposed 43 upon him or her pursuant to this section. 44 (f) Has such other powers and duties as are provided by law. 45 – 4 – - *AB31_R1* 2. Notwithstanding any other provision of law, the Director, or 1 the Director’s designee, is responsible for appointing and removing 2 subordinate officers and employees of the Department. 3 Sec. 3. 1. On or before January 1, 2026, the Director of the 4 Department of Health and Human Services shall submit to the 5 United States Secretary of Health and Human Services a request to 6 amend the State Plan for Medicaid or for any other necessary federal 7 authority to increase by: 8 (a) At least 15 percent the rate of reimbursement for 9 nonemergency secure behavioral health transport services covered 10 by Medicaid when the location where the patient is picked up, the 11 location where the patient is dropped off or both the location where 12 the patient is picked up and the location where the patient is dropped 13 off are in a county whose population is less than 100,000; and 14 (b) At least 10 percent the rate of reimbursement for 15 nonemergency secure behavioral health transport services covered 16 by Medicaid, other than the nonemergency secure behavioral health 17 transport services described in paragraph (a). 18 2. As used in this section, “nonemergency secure behavioral 19 health transport services” has the meaning ascribed to it in 20 NRS 433.3317. 21 Sec. 4. 1. This section becomes effective upon passage and 22 approval. 23 2. Sections 1, 2 and 3 of this act become effective: 24 (a) Upon passage and approval for the purpose of adopting any 25 regulations and performing any other preparatory administrative 26 tasks that are necessary to carry out the provisions of this act; and 27 (b) On January 1, 2026, for all other purposes. 28 H