AB339 - Creates the Office of Children's Mental and Behavioral Health within the Office of the Director of the Department of Health and Human Services. (BDR 39-358)

EXEMPT (Reprinted with amendments adopted on April 16, 2025) FIRST REPRINT A.B. 339 - *AB339_R1* ASSEMBLY BILL NO. 339–COMMITTEE ON HEALTH AND HUMAN SERVICES (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON HEALTH AND HUMAN SERVICES) MARCH 3, 2025 ____________ Referred to Committee on Health and Human Services SUMMARY—Creates the Office of Children’s Mental and Behavioral Health within the Office of the Director of the Department of Health and Human Services. (BDR 39-358) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Contains Appropriation not included in Executive Budget. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to mental health; revising the duties of the Commission on Behavioral Health; creating the Office of Children’s Mental and Behavioral Health within the Office of the Director of the Department of Health and Human Services; requiring certain entities to coordinate with and submit certain documents to the Office; establishing the powers and duties of the Office; providing for the appointment of a Director of the Office; eliminating the subcommittee on the mental health of children of the Commission on Behavioral Health; requiring the Office to take certain steps toward the establishment of a Children’s Behavioral Health Center of Excellence; making appropriations; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law creates the Department of Health and Human Services, which 1 consists of a Director, various divisions, including the Division of Public and 2 Behavioral Health and Division of Child and Family Services, and certain other 3 entities. (NRS 232.300) Section 5 of this bill creates the Office of Children’s 4 Mental and Behavioral Health within the Office of the Director of the Department. 5 – 2 – - *AB339_R1* Section 4 of this bill defines the term “Office” to refer to the Office of Children’s 6 Mental and Behavioral Health for the purposes of this bill, and section 8 of this bill 7 applies that definition to applicable existing law. Section 5 requires the Director of 8 the Department to appoint a Director of the Office and prescribes the qualifications 9 of the Director of the Office. Section 5 requires the Director of the Office to 10 perform certain duties relating to the oversight of the Office. Section 6 of this bill 11 requires the Office to perform various duties relating to the mental and behavioral 12 health of children in this State. Section 7 of this bill authorizes the Office to: (1) 13 apply for and accept gifts, grants and donations; and (2) seek assistance from and 14 cooperate with public and private entities. Section 7 also requires state and local 15 governmental entities to provide the Office with such assistance as the Office may 16 reasonably require in discharging its duties. Sections 11 and 12 of this bill make 17 appropriations to the Department for the personnel and operating costs of the Office 18 and the cost of procuring equipment and office supplies for the Office, respectively. 19 Section 12.3 of this bill requires the Director of the Office to: (1) begin the 20 process of establishing a Children’s Behavioral Health Center of Excellence; (2) 21 prepare certain reports documenting the progress of the Director of the Office in 22 establishing the Center; (3) present a report on such progress before the Joint 23 Interim Standing Committee on Health and Human Services; and (4) submit to the 24 Director of the Department a final proposal for the establishment of the Center on 25 or before June 1, 2026. 26 Existing law creates the Commission on Behavioral Health within the 27 Department. (NRS 232.361) Existing law requires the Commission to appoint a 28 subcommittee on the mental health of children. (NRS 433.317) Existing law also: 29 (1) establishes mental health consortia for different geographic areas of this State; 30 and (2) requires each mental health consortium to prepare and submit to the 31 Director of the Department a long-term strategic plan for the provision of mental 32 health services to children with emotional disturbance within the jurisdiction of the 33 consortium. (NRS 433B.333, 433B.335) Existing law requires the subcommittee on 34 the mental health of children to: (1) create a statewide plan for the provision of 35 mental health services to children; and (2) review the findings and 36 recommendations of each mental health consortium. (NRS 433.317) Section 13 of 37 this bill eliminates the subcommittee. Instead, section 6 requires the Office to: (1) 38 develop a statewide plan for the provision of mental and behavioral health services 39 to children in this State; and (2) review the long-term strategic plan, budget 40 requests and reports of each mental health consortium. Section 9 of this bill 41 accordingly requires each mental health consortium to submit to the Office its long- 42 term strategic plan and certain other reports. Section 9 further requires each 43 consortium to collaborate with the Office as necessary to prepare and submit such 44 reports and plans. Section 10 of this bill requires each mental health consortium to 45 coordinate with the Department and the Office to avoid duplicating or contradicting 46 the efforts of the Department and the Office to provide mental health services to 47 children. Section 1 of this bill requires the Commission to: (1) coordinate with the 48 Office regarding the mental and behavioral health of children in this State; and (2) 49 review the statewide plan developed by the Office pursuant to section 6 and 50 integrate the statewide plan into the policies established by the Commission where 51 appropriate. 52 Existing law: (1) establishes five behavioral health regions within this State; (2) 53 establishes a behavioral health policy board for each region; and (3) requires each 54 policy board to advise the Department, the Division of Public and Behavioral 55 Health and the Commission regarding, among other things, the behavioral health 56 needs of adults and children in each behavioral health region. (NRS 433.425- 57 433.4295) Section 2 of this bill requires each regional behavioral health policy 58 board to coordinate with the Office to provide unified and coordinated 59 – 3 – - *AB339_R1* recommendations to the Department, Division and Commission regarding the 60 behavioral health needs of children in each behavioral health region. 61 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 433.314 is hereby amended to read as follows: 1 433.314 1. The Commission shall: 2 (a) Establish policies to ensure adequate development and 3 administration of services for persons with mental illness, persons 4 with intellectual disabilities, persons with developmental 5 disabilities, persons with substance use disorders or persons with co- 6 occurring disorders, including services to prevent mental illness, 7 intellectual disabilities, developmental disabilities, substance use 8 disorders and co-occurring disorders, and services provided without 9 admission to a facility or institution; 10 (b) Set policies for the care and treatment of persons with mental 11 illness, persons with intellectual disabilities, persons with 12 developmental disabilities, persons with substance use disorders or 13 persons with co-occurring disorders provided by all state agencies; 14 (c) If a data dashboard is established pursuant to NRS 439.245, 15 use the data dashboard to review access by different groups and 16 populations in this State to behavioral health services provided 17 through telehealth, as defined in NRS 629.515, and evaluate policies 18 to make such access more equitable; 19 (d) Review the programs and finances of the Division; 20 (e) Report at the beginning of each year to the Governor and at 21 the beginning of each odd-numbered year to the Legislature: 22 (1) Information concerning the quality of the care and 23 treatment provided for persons with mental illness, persons with 24 intellectual disabilities, persons with developmental disabilities, 25 persons with substance use disorders or persons with co-occurring 26 disorders in this State and on any progress made toward improving 27 the quality of that care and treatment; and 28 (2) In coordination with the Department, any 29 recommendations from the regional behavioral health policy boards 30 created pursuant to NRS 433.429. The report must include, without 31 limitation: 32 (I) The epidemiologic profiles of substance use disorders, 33 addictive disorders related to gambling and suicide; 34 (II) Relevant behavioral health prevalence data for each 35 behavioral health region created by NRS 433.428; and 36 (III) The health priorities set for each behavioral health 37 region; [and] 38 – 4 – - *AB339_R1* (f) Review and make recommendations concerning regulations 1 submitted to the Commission for review pursuant to NRS 641.100, 2 641A.160, 641B.160 and 641C.200 [.] ; 3 (g) Coordinate with the Office of Children’s Mental and 4 Behavioral Health created by section 5 of this act regarding the 5 mental and behavioral health of children in this State; and 6 (h) Review the statewide plan for the provision of mental and 7 behavioral health services to children developed by the Office of 8 Children’s Mental and Behavioral Health pursuant to section 6 of 9 this act and integrate the policies and procedures set forth in the 10 statewide plan into the policies established by the Commission 11 where appropriate. 12 2. The Commission may employ an administrative assistant 13 and a data analyst to assist the regional behavioral health policy 14 boards created by NRS 433.429 in carrying out their duties. 15 Sec. 2. NRS 433.4295 is hereby amended to read as follows: 16 433.4295 1. Each policy board shall: 17 (a) Advise the Department, Division and Commission regarding: 18 (1) The behavioral health needs of adults and children in the 19 behavioral health region; 20 (2) Any progress, problems or proposed plans relating to the 21 provision of behavioral health services and methods to improve the 22 provision of behavioral health services in the behavioral health 23 region; 24 (3) Identified gaps in the behavioral health services which 25 are available in the behavioral health region and any 26 recommendations or service enhancements to address those gaps; 27 (4) Any federal, state or local law or regulation that relates to 28 behavioral health which it determines is redundant, conflicts with 29 other laws or is obsolete and any recommendation to address any 30 such redundant, conflicting or obsolete law or regulation; and 31 (5) Priorities for allocating money to support and develop 32 behavioral health services in the behavioral health region. 33 (b) Promote improvements in the delivery of behavioral health 34 services in the behavioral health region. 35 (c) Coordinate and exchange information with [the] : 36 (1) The other policy boards to provide unified and 37 coordinated recommendations to the Department, Division and 38 Commission regarding behavioral health services in the behavioral 39 health region [.] ; and 40 (2) The Office of Children’s Mental and Behavioral Health 41 created by section 5 of this act to provide unified and coordinated 42 recommendations to the Department, Division and Commission 43 regarding the behavioral health needs of children in the 44 behavioral health region. 45 – 5 – - *AB339_R1* (d) Review the collection and reporting standards of behavioral 1 health data to determine standards for such data collection and 2 reporting processes. 3 (e) To the extent feasible, establish an organized, sustainable 4 and accurate electronic repository of data and information 5 concerning behavioral health and behavioral health services in the 6 behavioral health region that is accessible to members of the public 7 on an Internet website maintained by the policy board. A policy 8 board may collaborate with an existing community-based 9 organization to establish the repository. 10 (f) To the extent feasible, track and compile data concerning 11 persons placed on a mental health crisis hold pursuant to NRS 12 433A.160, persons admitted to mental health facilities and hospitals 13 under an emergency admission pursuant to NRS 433A.162, persons 14 admitted to mental health facilities under an involuntary court- 15 ordered admission pursuant to NRS 433A.200 to 433A.330, 16 inclusive, and persons ordered to receive assisted outpatient 17 treatment pursuant to NRS 433A.335 to 433A.345, inclusive, in the 18 behavioral health region, including, without limitation: 19 (1) The outcomes of treatment provided to such persons; and 20 (2) Measures taken upon and after the release of such 21 persons to address behavioral health issues and prevent future 22 mental health crisis holds and admissions. 23 (g) If a data dashboard is established pursuant to NRS 439.245, 24 use the data dashboard to review access by different groups and 25 populations in this State to behavioral health services provided 26 through telehealth, as defined in NRS 629.515, and evaluate policies 27 to make such access more equitable. 28 (h) Identify and coordinate with other entities in the behavioral 29 health region and this State that address issues relating to behavioral 30 health to increase awareness of such issues and avoid duplication of 31 efforts. 32 (i) In coordination with existing entities in this State that address 33 issues relating to behavioral health services, submit an annual report 34 to the Commission which includes, without limitation: 35 (1) The specific behavioral health needs of the behavioral 36 health region; 37 (2) A description of the methods used by the policy board to 38 collect and analyze data concerning the behavioral health needs and 39 problems of the behavioral health region and gaps in behavioral 40 health services which are available in the behavioral health region, 41 including, without limitation, a list of all sources of such data used 42 by the policy board; 43 – 6 – - *AB339_R1* (3) A description of the manner in which the policy board 1 has carried out the requirements of paragraphs (c) and (h) and the 2 results of those ac [Text truncated for display. 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