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(Reprinted with amendments adopted on May 24, 2023)
FIRST REPRINT
A.B. 437
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*AB437_R1*
ASSEMBLY BILL NO. 437–COMMITTEE
ON COMMERCE AND LABOR
MARCH 27, 2023
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Referred to Committee on Commerce and Labor
SUMMARY—Limits the amount and circumstances under which a
provider of health care may charge for filling out
certain forms associated with certain leaves of
absence. (BDR 54-670)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to providers of health care; limiting the amount
and circumstances under which a provider of health care
may charge to fill out certain forms necessary to take a
leave of absence authorized by the Family and Medical
Leave Act of 1993; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Under the Family and Medical Leave Act of 1993, certain employees have the
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right to take an unpaid leave of absence from work for certain medical or family
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reasons, including, without limitation: (1) because of a serious health condition of
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the employee that makes the employee unable to perform the functions of his or her
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position; (2) to care for certain family members who have a serious health
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condition; or (3) to care for certain veterans or members of the Armed Forces who
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have suffered a serious injury or illness. (29 U.S.C. § 2612) The Act authorizes an
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employer of an employee who requests leave for one of those reasons to require the
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employee to provide a certification issued by a health care provider that contains
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certain information concerning the serious health condition or serious injury or
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illness. (29 U.S.C. § 2613; 29 C.F.R. §§ 825.305-825.310) This bill prohibits a
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provider of health care from charging a person any fee or charge to fill out a form
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for such a certification if the provider of health care has examined, treated or
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otherwise provided health care services to the person who is the subject of the
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certification within the immediately preceding 3 years. If the provider of health has
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not examined, treated or otherwise provided health care services to the person who
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is the subject of the certification within the immediately preceding 3 years, this bill
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*AB437_R1*
prohibits the provider of health care from charging more than $25 to fill out such a
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form.
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 629 of NRS is hereby amended by adding
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thereto a new section to read as follows:
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If a person requests that a provider of health care fill out a
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form for a certification required by an employer pursuant to 29
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U.S.C. § 2613, the provider of health care shall not charge the
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person:
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1. Any fee or charge to fill out the form if the provider of
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health care has examined, treated or otherwise provided health
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care services to the person who is the subject of the certification
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within the 3 years immediately preceding the date on which the
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request to fill out the form is made.
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2. More than $25 to fill out the form if the provider of health
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care has not examined, treated or otherwise provided health care
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services to the person who is the subject of the certification within
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the 3 years immediately preceding the date on which the request to
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fill out the form is made.
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