AB368 - Revises provisions governing electronic communication devices in locations where certain services are provided. (BDR 40-878)

- 83rd Session (2025) Assembly Bill No. 368–Assemblymember Carter CHAPTER.......... AN ACT relating to health care; authorizing a patient in certain facilities or a resident of a living community for persons with disabilities or his or her representative to request the installation and use of an electronic communication device in the living quarters of the patient or the bedroom of the resident; prohibiting such a facility or living community or an employee of such a facility or living community from taking certain additional actions; prohibiting a provider of supported living arrangement services from taking certain actions with regard to the installation and use of an electronic communication device in the home of a recipient of such services; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes a patient in a facility for skilled nursing or the representative of the patient to request the installation and use of an electronic communication device in the living quarters of the patient. Existing law requires any roommate of the patient to consent before such a device may be installed. However, if the roommate of a patient refuses to consent, existing law requires the facility for skilled nursing to make reasonable attempts to accommodate the patient, including by moving either the patient or the roommate with the consent of the person being moved. (NRS 449A.182) If a facility for skilled nursing approves a request to install an electronic communication device, existing law provides that the patient or the representative of the patient who submitted the request is responsible for choosing the device and paying certain costs associated with the device. (NRS 449A.184) Existing law limits the persons who are authorized to view or listen to the images or sounds which are displayed, broadcast or recorded by an electronic communication device or temporarily disable or turn off an electronic communication device. Existing law also prohibits a facility for skilled nursing from discriminating or retaliating against a patient because of a decision to request the installation and use of an electronic communication device. (NRS 449A.186) Existing law establishes civil and criminal penalties that may be imposed against: (1) a facility for skilled nursing which violates that prohibition; (2) a person, other than the patient or the representative of the patient, who obstructs, tampers with or destroys an electronic communication device or any recording made by an electronic communication device; or (3) a person who views or listens to images or sounds which are displayed, broadcast or recorded by an electronic communication device without authorization. (NRS 449A.189, 449A.188) Existing law requires a facility for skilled nursing to post a notice in a conspicuous place at the entrance to the living quarters of a patient which contains an electronic communication device stating that such a device is in that living quarters. Existing law prohibits an employee of a facility for skilled nursing from refusing to enter into the living quarters of a patient which contains an electronic communication device or failing to perform his or her duties because such a device is in use. (NRS 449A.190) Existing law: (1) authorizes the State Board of Health to adopt regulations governing electronic communication devices in facilities for skilled nursing; and (2) provides that the provisions governing such electronic communication devices – 2 – - 83rd Session (2025) do not apply to certain devices installed by a law enforcement agency. (NRS 449A.192) Sections 8-14 of this bill broaden the applicability of those provisions to authorize a patient in certain facilities, referred to as covered facilities, to install an electronic communication device under the same conditions as existing law establishes for a patient in a facility for skilled nursing. Section 3 of this bill defines the term “covered facility” to mean: (1) a facility for intermediate care; (2) a facility for skilled nursing; (3) a home for individual residential care; (4) a unit for the provision of long-term care in a hospital; (5) a residential facility for groups; or (6) assisted living services provided in a senior living community. Sections 4-6 of this bill define the terms “facility for intermediate care,” “home for individual residential care” and “senior living community,” respectively, to have the meanings ascribed to them in existing law. Section 7 of this bill establishes the applicability of those definitions. Section 1.5 of this bill authorizes the Division of Public and Behavioral Health of the Department of Health and Human Services to deny an application for a license for or suspend or revoke the license of a covered facility that fails to comply with provisions governing the installation and use of electronic communication devices. Sections 24-31 of this bill enact provisions governing the installation of electronic communication devices by residents of living communities for persons with disabilities. Sections 24-30 authorize a resident of such a living community or the representative of the resident to request the installation and use of an electronic communication device in the bedroom of the resident under similar conditions to those that currently apply to a patient in a facility for skilled nursing. Section 24 of this bill prescribes the requirements for a person to serve as the representative of a resident. Section 28 establishes civil and criminal penalties that may be imposed against a living community or person who engages in certain prohibited conduct relating to electronic communication devices in living communities. Section 31 prohibits a person from posting or otherwise uploading onto an Internet website an image or a sound of an employee or independent contractor of a living community displayed, broadcasted or recorded on an electronic commination device. Section 32 of this bill prohibits a provider of supported living arrangement services in the home of a recipient of such services from: (1) entering into a contract that prohibits the recipient from installing and using an electronic communication device in his or her home; or (2) taking certain actions against a recipient because the recipient has installed or used an electronic communication device in his or her home. Sections 20-23 of this bill define certain terms, and section 18 of this bill establishes the applicability of those definitions. Section 30 authorizes the Administrator of the Aging and Disability Services Division of the Department to adopt regulations as necessary to carry out sections 18-32. Section 33 of this bill makes the definition of “supported living arrangement services” applicable to sections 18-32. Sections 1, 15, 16 and 34-36 of this bill update references to that definition and make other technical updates related to the change made in section 33. – 3 – - 83rd Session (2025) 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. NRS 449.0185 is hereby amended to read as follows: 449.0185 “Supported living arrangement services” has the meaning ascribed to it in NRS [435.3315.] 435.007. Sec. 1.5. NRS 449.160 is hereby amended to read as follows: 449.160 1. The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, upon any of the following grounds: (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410, 449.029 to 449.245, inclusive, or 449A.100 to 449A.124, inclusive, and 449A.270 to 449A.286, inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder. (b) Aiding, abetting or permitting the commission of any illegal act. (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued. (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility. (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 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 owned by the licensee without approval pursuant to NRS 439A.102. (f) Failure to comply with the provisions of NRS 441A.315 and any regulations adopted pursuant thereto or NRS 449.2486. (g) Violation of the provisions of NRS 458.112. (h) Failure to comply with the provisions of NRS 449A.170 to 449A.192, inclusive, and sections 3 to 6, inclusive, of this act and any regulation adopted pursuant thereto. (i) Violation of the provisions of NRS 629.260. – 4 – - 83rd Session (2025) 2. In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee: (a) Is convicted of violating any of the provisions of NRS 202.470; (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation. 3. The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day: (a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive; (b) A report of any investigation conducted with respect to the complaint; and (c) A report of any disciplinary action taken against the facility.  The facility shall make the information available to the public pursuant to NRS 449.2486. 4. On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium: (a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and (b) Any disciplinary actions taken by the Division pursuant to subsection 2. Sec. 2. Chapter 449A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act. Sec. 3. “Covered facility” means: 1. A facility for intermediate care; 2. A facility for skilled nursing; 3. A home for individual residential care; 4. A unit for the provision of long-term care in a hospital; 5. A residential facility for groups; or 6. A unit in a senior living community for the provision of assisted living services or a senior living community that provides only assisted living services. – 5 – - 83rd Session (2025) Sec. 4. “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038. Sec. 5. “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105. Sec. 6. “Senior living community” has the meaning ascribed to it in NRS 449.0179. Sec. 7. NRS 449A.170 is hereby amended to read as follows: 449A.170 As used in NRS 449A.170 to 449A.192, inclusive, and sections 3 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 449A.172 to 449A.178, inclusive, and sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections. Sec. 8. NRS 449A.180 is hereby amended to read as follows: 449A.180 A person may serve as the representative of a patient in a covered facility , [for skilled nursing,] including, without limitation, a patient who is the roommate of a patient who wishes to submit or has submitted a request pursuant to NRS 449A.182, for the purposes of NRS 449A.170 to 449A.192, inclusive, and sections 3 to 6, inclusive, of this act, if the person: 1. Is the guardian of the patient whom he or she is representing and: (a) The power to make decisions on behalf of the patient pursuant to NRS 449A.170 to 449A.192, inclusive, and sections 3 to 6, inclusive, of this act is specifically authorized under the existing guardianship; or (b) The guardian has separately petitioned for and been granted such power by the court that has jurisdiction over the guardianship; or 2. Has been given power of attorney to make decisions concerning health care for the patient pursuant to NRS 162A.700 to 162A.870, inclusive, and the power to make decisions on behalf of the patient pursuant to NRS 449A.170 to 449A.192, inclusive, and sections 3 to 6, inclusive, of this act is specifically delegated to the person in the power of attorney. Sec. 9. NRS 449A.182 is hereby amended to read as follows: 449A.182 1. A patient in a covered facility [for skilled nursing] or the representative of the patient may request the installation and use of an electronic communication device in the living quarters of the patient by submitting to the covered facility : [for skilled nursing:] (a) A completed form prescribed by the facility pursuant to subsection 3; or – 6 – - 83rd Session (2025) (b) If the facility has not prescribed a form pursuant to subsection 3, a written request that meets the requirements of subsection 2. 2. A request submitted pursuant to subsection 1 must include or be accompanied by: (a) Information regarding the type, function and expected use of the electronic communication device which will be installed and used; (b) The name and contact information for any person other than the patient or his or her representative who is authorized to view or listen to the images or sounds which are displayed, broadcast or recorded by the electronic communication device pursuant to subsection 3 of NRS 449A.186; (c) An agreement by the patient or the representative of the patient to, except as otherwise provided by NRS 449A.186: (1) Waive the patient’s rig [Text truncated for display. Full text available on LegiScan.]