AB50 - Revises provisions relating to victims of a mass casualty incident. (BDR 20-466)

- 83rd Session (2025) Assembly Bill No. 50–Committee on Government Affairs CHAPTER.......... AN ACT relating to public safety; authorizing a board of county commissioners to establish an electronic database containing information concerning victims of mass casualty incidents; setting forth certain requirements for such an electronic database; exempting certain persons from civil liability related to such an electronic database, under certain circumstances; providing for the confidentiality of information contained in such an electronic database; requiring a hospital and an independent center for emergency medical care in a county in which such an electronic database is established to report to the database certain information concerning a victim of a mass casualty incident; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Section 1 of this bill authorizes a board of county commissioners to establish and maintain an electronic database containing information concerning victims of mass casualty incidents to coordinate the provision of reunification and identification services and long-term support services for such victims. Section 1 sets forth certain requirements for such an electronic database and requires a board of county commissioners that establishes such an electronic database to determine certain matters concerning the information contained in the database, the reporting of certain information to the database and the persons and governmental entities that may participate in the database. Under sections 1 and 2 of this bill, the information contained in the electronic database is confidential and may be disclosed only by participants in the database for certain purposes. Additionally, section 1 requires that, except for a victim of a mass casualty incident who has provided written authorization for his or her information to remain in the database for the purpose of receiving long-term support services, all information contained in the database concerning a victim of a mass casualty incident must be deleted after all victims of the mass casualty incident have been identified and reunified. Section 1 grants a county in which the board of county commissioners has established such an electronic database and the officers, employees and agents of the county immunity from civil liability for any act or omission related to the establishment or maintenance of the database not amounting to willful misconduct, gross negligence or bad faith. Existing law provides for the licensure and regulation of medical facilities, including hospitals and independent centers for emergency medical care, by the Division of Public and Behavioral Health of the Department of Health and Human Services. (Chapter 449 of NRS) Section 3 of this bill requires a hospital or independent center for emergency medical care located in a county in which an electronic database is established pursuant to section 1 and which is notified or becomes aware of a mass casualty incident to report to the database certain information about a victim of the mass casualty incident. Section 3 additionally requires a hospital or independent center for emergency medical care to: (1) inquire whether such a victim wishes to receive long-term support services and, if so, – 2 – - 83rd Session (2025) request that the victim provide written authorization for his or her information to remain in the electronic database; and (2) include a unique identifier in the medical record of such a victim. Section 3 grants a hospital, an independent center for emergency medical care and their agents and employees immunity from civil liability for any such report made in good faith and for any unauthorized acquisition of the information reported that may occur after a report was made by the hospital or independent center for emergency medical care in accordance with the requirements of section 3. Sections 4-6 of this bill make conforming changes to provide for the administration of the requirements of section 3 in the same manner as other requirements imposed on hospitals and independent centers for emergency medical care by existing law, except for the penalties imposed for violation of those requirements. (NRS 449.029, 449.0301, 449.0302) Under section 3, a hospital or independent center for emergency medical care that fails to comply with the requirements of section 3 is not subject to any penalty for that failure. Sections 7-9 of this bill make conforming changes so that the penalties imposed for violations of other requirements imposed on hospitals and independent centers for emergency medical care by existing law do not apply to a failure to comply with the provisions of section 3. EXPLANATION – Matter in bolded italics is new; 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: Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows: 1. A board of county commissioners may establish and maintain an electronic database containing information concerning victims of mass casualty incidents to coordinate the provision of reunification and identification services and long- term support services for such victims. 2. A board of county commissioners that establishes an electronic database pursuant to subsection 1 shall determine: (a) The information that must be contained in the electronic database, which must include, without limitation, the information reported by a hospital or an independent center for emergency medical care pursuant to section 3 of this act. (b) The form and manner in which a hospital or an independent center for emergency medical care must report the information required by section 3 of this act to the electronic database, which must require the information to be reported in such a form and in such a manner so as to protect the security of the information. (c) Each person or governmental entity that may participate in the electronic database, which must include, without limitation, each person or governmental entity in the county whose duties or – 3 – - 83rd Session (2025) responsibilities include the support of carrying out emergency functions, as determined by the county emergency manager. (d) The extent to which a person or governmental entity described in paragraph (c) may participate in the electronic database, including, without limitation, whether the person or governmental entity may input information into the electronic database and the type of information contained in the electronic database to which the person or governmental entity has access. 3. If a board of county commissioners establishes an electronic database pursuant to subsection 1, the board of county commissioners shall implement and maintain security measures to protect the personally identifiable information contained within the database. Such security measures must: (a) Comply with all applicable provisions of 45 C.F.R. Parts 160, 162 and 164, NRS 603A.210 and any other applicable federal and state law. (b) Include, without limitation: (1) The performance of vulnerability and risk assessments; (2) The imposition of restrictions on access by a participant to the information contained in the database based on the role of the participant; and (3) Reasonable measures for authentication, monitoring and auditing to prevent unauthorized access to the information contained in the database or misuse of that information. 4. Any information contained in an electronic database established pursuant to subsection 1 is confidential and may only be disclosed by a participant in the database as necessary for the provision of reunification and identification services and long- term support services for victims of mass casualty incidents. Except for a victim of a mass casualty incident who has provided a written authorization for his or her information to remain in the electronic database for the purpose of receiving long-term support services, all information contained in the database concerning a victim of a mass casualty incident must be deleted after all victims of the mass casualty incident have been identified and reunified. 5. An electronic database established pursuant to subsection 1 and the disclosure of information therefrom must comply with the applicable provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and the applicable regulations adopted pursuant thereto. 6. A county in which the board of county commissioners has established an electronic database pursuant to subsection 1 and any officer, employee or agent of the county are immune from – 4 – - 83rd Session (2025) civil liability for any act or omission related to the establishment or maintenance of the database not amounting to willful misconduct, gross negligence or bad faith. 7. As used in this section: (a) “Hospital” has the meaning ascribed to it in NRS 449.012. (b) “Independent center for emergency medical care” has the meaning ascribed to it in NRS 449.013. (c) “Long-term support services” means the support services provided pursuant to NRS 217.096, financial aid services, services which provide compensation to victims and medical or psychological services provided in a trauma-informed manner, as defined in NRS 422.2734. (d) “Mass casualty incident” has the meaning ascribed to the term “mass casualty event” in 34 U.S.C. § 10281(o)(1)(A). Sec. 2. NRS 239.010 is hereby amended to read as follows: 239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, – 5 – - 83rd Session (2025) 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, – 6 – - 83rd Session (2025) 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A. 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