AB338 - Revises provisions relating to health care for senior citizens. (BDR 38-457)

A.B. 338 - *AB338* ASSEMBLY BILL NO. 338–COMMITTEE ON HEALTH AND HUMAN SERVICES (ON BEHALF OF THE LEGISLATIVE COMMITTEE ON SENIOR CITIZENS, VETERANS AND ADULTS WITH SPECIAL NEEDS) MARCH 3, 2025 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to health care for senior citizens. (BDR 38-457) 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 health care; providing for Medicaid coverage of attendant care services for frail elderly persons; requiring the establishment of an Internet website to facilitate connection between agencies to provide personal care services in the home and persons in need of personal care services; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Federal law authorizes states to receive federal financial participation to 1 support the provision of certain home and community-based services, including 2 attendant care services, for recipients of Medicaid who are elderly. (42 U.S.C. § 3 1396n) Existing law requires the Department of Health and Human Services to 4 apply to the Secretary of Health and Human Services for a waiver that provides 5 such federal financial participation. (NRS 422.396) Section 1 of this bill requires 6 the Department to apply to the Secretary of Health and Human Services to amend 7 its home and community-based services waiver to authorize this State to receive 8 federal financial participation to partially cover the costs of attendant care services 9 for frail elderly persons. Section 3 of this bill makes a conforming change to 10 indicate that section 1 will be administered in the same manner as other provisions 11 of existing law governing Medicaid. 12 Existing law requires an agency to provide personal care services in the home 13 to be licensed by the Division of Public and Behavioral Health of the Department 14 of Health and Human Services. (NRS 449.0045, 449.030) Section 2 of this bill 15 requires the Aging and Disability Services Division of the Department, in 16 collaboration with the Division of Public and Behavioral Health of the Department, 17 – 2 – - *AB338* to establish an Internet website to facilitate connection between agencies to provide 18 personal care services in the home and persons in need of personal care services 19 that includes certain information about each licensed agency to provide personal 20 care services in the home. 21 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 Department shall apply to the Secretary of Health and 3 Human Services to amend its home and community-based services 4 waiver granted pursuant to 42 U.S.C. § 1396n. The waiver must be 5 amended, in addition to providing coverage for any home and 6 community-based services which the waiver covers on January 1, 7 2026, to authorize the Department to include as medical assistance 8 under Medicaid the funding of attendant care services for frail 9 elderly persons, including, without limitation: 10 (a) Bathing; 11 (b) Grooming; 12 (c) Toileting; 13 (d) Moving about; 14 (e) Dressing; and 15 (f) Eating. 16 2. The Department shall: 17 (a) Cooperate with the Federal Government in amending the 18 waiver pursuant to this section; 19 (b) If the Federal Government approves the amendment to the 20 waiver, adopt regulations necessary to carry out the provisions of 21 this section, including, without limitation, regulations establishing 22 the criteria to be used in determining eligibility for a person to 23 receive attendant care services pursuant to subsection 1; and 24 (c) Implement the amendments to the waiver only to the extent 25 that the amendments are approved by the Federal Government. 26 3. As used in this section, “frail elderly person” has the 27 meaning ascribed to it in NRS 427A.029. 28 Sec. 2. Chapter 427A of NRS is hereby amended by adding 29 thereto a new section to read as follows: 30 1. The Division shall collaborate with the Division of Public 31 and Behavioral Health of the Department to establish an Internet 32 website to facilitate connection between agencies to provide 33 personal care services in the home and persons in need of 34 personal care services. 35 2. The Internet website established pursuant to subsection 1 36 must: 37 – 3 – - *AB338* (a) Include an entry for each agency to provide personal care 1 services in the home that is licensed in this State. Each such entry 2 must include, without limitation: 3 (1) The location and contact information of the agency; 4 (2) The locations where the agency provides services; 5 (3) The services and level of care provided by the agency; 6 (4) Any disciplinary action that has ever been imposed 7 against the agency; and 8 (5) The types of insurance accepted by the agency. 9 (b) Provide a means by which an agency to provide personal 10 care services in the home that wishes to participate may connect 11 with persons who may be interested in obtaining the services of the 12 agency. 13 3. As used in this section, “agency to provide personal care 14 services in the home” has the meaning ascribed to it in 15 NRS 449.0021. 16 Sec. 3. NRS 232.320 is hereby amended to read as follows: 17 232.320 1. The Director: 18 (a) Shall appoint, with the consent of the Governor, 19 administrators of the divisions of the Department, who are 20 respectively designated as follows: 21 (1) The Administrator of the Aging and Disability Services 22 Division; 23 (2) The Administrator of the Division of Welfare and 24 Supportive Services; 25 (3) The Administrator of the Division of Child and Family 26 Services; 27 (4) The Administrator of the Division of Health Care 28 Financing and Policy; and 29 (5) The Administrator of the Division of Public and 30 Behavioral Health. 31 (b) Shall administer, through the divisions of the Department, 32 the provisions of chapters 63, 424, 425, 427A, 432A to 442, 33 inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 34 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and 35 section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 36 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, 37 and 445A.010 to 445A.055, inclusive, and all other provisions of 38 law relating to the functions of the divisions of the Department, but 39 is not responsible for the clinical activities of the Division of Public 40 and Behavioral Health or the professional line activities of the other 41 divisions. 42 (c) Shall administer any state program for persons with 43 developmental disabilities established pursuant to the 44 – 4 – - *AB338* Developmental Disabilities Assistance and Bill of Rights Act of 1 2000, 42 U.S.C. §§ 15001 et seq. 2 (d) Shall, after considering advice from agencies of local 3 governments and nonprofit organizations which provide social 4 services, adopt a master plan for the provision of human services in 5 this State. The Director shall revise the plan biennially and deliver a 6 copy of the plan to the Governor and the Legislature at the 7 beginning of each regular session. The plan must: 8 (1) Identify and assess the plans and programs of the 9 Department for the provision of human services, and any 10 duplication of those services by federal, state and local agencies; 11 (2) Set forth priorities for the provision of those services; 12 (3) Provide for communication and the coordination of those 13 services among nonprofit organizations, agencies of local 14 government, the State and the Federal Government; 15 (4) Identify the sources of funding for services provided by 16 the Department and the allocation of that funding; 17 (5) Set forth sufficient information to assist the Department 18 in providing those services and in the planning and budgeting for the 19 future provision of those services; and 20 (6) Contain any other information necessary for the 21 Department to communicate effectively with the Federal 22 Government concerning demographic trends, formulas for the 23 distribution of federal money and any need for the modification of 24 programs administered by the Department. 25 (e) May, by regulation, require nonprofit organizations and state 26 and local governmental agencies to provide information regarding 27 the programs of those organizations and agencies, excluding 28 detailed information relating to their budgets and payrolls, which the 29 Director deems necessary for the performance of the duties imposed 30 upon him or her pursuant to this section. 31 (f) Has such other powers and duties as are provided by law. 32 2. Notwithstanding any other provision of law, the Director, or 33 the Director’s designee, is responsible for appointing and removing 34 subordinate officers and employees of the Department. 35 Sec. 4. 1. This section becomes effective upon passage and 36 approval. 37 2. Sections 1, 2 and 3 of this act become effective: 38 (a) Upon passage and approval for the purpose of adopting any 39 regulations and performing any other preparatory administrative 40 tasks that are necessary to carry out the provisions of this act; and 41 (b) On January 1, 2026, for all other purposes. 42 H