AB556 - Revises provisions relating to Medicaid. (BDR 38-1117)

- 83rd Session (2025) Assembly Bill No. 556–Committee on Ways and Means CHAPTER.......... AN ACT relating to Medicaid; creating and prescribing the duties of the Beneficiary Advisory Council of the Division of Health Care Financing and Policy of the Department of Health and Human Services; prescribing requirements governing the membership and procedures of the Council; revising the name of the Medical Care Advisory Committee of the Division to the Medicaid Advisory Committee; adding certain members to the Committee; revising certain requirements governing the operations of the Committee; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing federal regulations require the State to establish a Medicaid Advisory Committee and a Beneficiary Advisory Council to advise the Director of the Department of Health and Human Services concerning policy developments related to and the effective administration of Medicaid. Existing federal regulations prescribe requirements governing the membership of the Committee and Council, including a requirement that a certain percentage of the voting members of the Medicaid Advisory Committee concurrently serve on the Beneficiary Advisory Council. (42 C.F.R. § 431.12) To comply with these federal requirements, section 5 of this bill creates the Beneficiary Advisory Council within the Division of Health Care Financing and Policy of the Department to advise the Medicaid Advisory Committee on the experience of persons who are recipients of Medicaid. Section 6 of this bill prescribes the membership of the Council, which includes: (1) one member of the executive leadership of the Division; and (2) at least four persons who currently are or formerly were recipients of Medicaid or have direct experience supporting a recipient of Medicaid. Section 7 of this bill requires the Council to meet at least quarterly. Existing state law creates the Medical Care Advisory Committee within the Division of Health Care Financing and Policy of the Department to advise the Division on the provision of services relating to health and medical care to recipients of welfare and participate in the development of policy and the administration of programs of the Division. (NRS 422.151) Existing law: (1) prescribes the membership of the Committee; (2) provides that the term of a member of the Committee is 2 years; and (3) provides that members serve without compensation, except for the per diem allowance and travel expenses provided for state officers and employees. (NRS 422.153) Sections 8-10 of this bill change the name of the Medical Care Advisory Committee to the Medicaid Advisory Committee. Section 8 requires the Medicaid Advisory Committee to advise the Division on the ability of persons to access services provided by Medicaid. Section 9 adds certain voting members, including requiring at least 25 percent of the members of the Committee to be persons who also serve on the Council. Sections 6 and 9 additionally: (1) prohibit a member of either the Council or Committee from serving two consecutive terms; and (2) authorize members of either the Council or Committee who are recipients of Medicaid to receive certain compensation while engaged in the business of the Council or Committee. Section 10 increases the frequency with which the – 2 – - 83rd Session (2025) Medicaid Advisory Committee meets from once to quarterly each calendar year. Sections 12 and 13 of this bill require the Director of the Department of Health and Human Services to appoint the members of the Council and Committee, respectively, to staggered terms. Sections 3 and 4 of this bill define the terms “Beneficiary Advisory Council” and “Medicaid Advisory Committee,” respectively. Section 2 of this bill establishes the applicability of those definitions. Section 11 of this bill requires the Director of the Department to administer sections 2-7 in the same manner as the provisions of law relating to Medicaid. 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 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act. Sec. 2. As used in NRS 422.151, 422.153 and 422.155 and sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections. Sec. 3. “Beneficiary Advisory Council” means the Beneficiary Advisory Council created within the Division by section 5 of this act. Sec. 4. “Medicaid Advisory Committee” means the Medicaid Advisory Committee created within the Division by NRS 422.151. Sec. 5. 1. The Beneficiary Advisory Council is hereby created within the Division. 2. The function of the Beneficiary Advisory Council is to advise the Medicaid Advisory Committee on matters of concern relating to the development of policy concerning Medicaid and the effective administration of Medicaid, including, without limitation: (a) The experience of being a recipient of Medicaid; (b) The ability of recipients of Medicaid to access services covered by Medicaid to improve access to care, quality and health outcomes; and (c) Methods to better promote health equity for recipients of Medicaid. Sec. 6. 1. The Beneficiary Advisory Council consists of one member of the executive leadership of the Division and at least: (a) Two persons who currently are recipients of Medicaid; and (b) Two persons who currently are or formerly were recipients of Medicaid or persons with direct experience supporting a recipient of Medicaid. – 3 – - 83rd Session (2025) 2. The Beneficiary Advisory Council must consist of a number of members that is at least sufficient to compose the membership of the Medicaid Advisory Committee described in subparagraph (10) of paragraph (a) of subsection 1 of NRS 422.153. Each member appointed to the Beneficiary Advisory Council in addition to the members described in subsection 1 must be a person described in paragraph (b) of subsection 1. 3. The Director shall appoint each member of the Beneficiary Advisory Council to serve a term of 2 years. A member may not serve consecutive terms. If the Director appoints new members to the Beneficiary Advisory Council, the initial terms of those members must be staggered in such a manner that, to the extent possible, the terms of one-half of the members of the Beneficiary Advisory Council expire on July 1 of each year. 4. Except as otherwise provided in subsections 5 and 6, members of the Beneficiary Advisory Council serve without compensation. 5. While engaged in the business of the Beneficiary Advisory Council, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. 6. In addition to the per diem allowance and travel expenses provided pursuant to subsection 5, each member of the Beneficiary Advisory Council who is a recipient of Medicaid is entitled to receive compensation while engaged in the business of the Beneficiary Advisory Council in the form of transportation vouchers, reimbursement for child care expenses or other reimbursement as necessary to facilitate the participation of the member in the Beneficiary Advisory Council. Sec. 7. 1. The Director shall appoint a Chair of the Beneficiary Advisory Council from among its members. 2. The Administrator or the designee of the Administrator shall serve as the Secretary for the Beneficiary Advisory Council. 3. The Beneficiary Advisory Council: (a) Shall meet at least quarterly each calendar year, immediately preceding the meeting of the Medicaid Advisory Committee scheduled for that quarter pursuant to NRS 422.155. (b) May, upon the recommendation of the Chair, form subcommittees for decisions and recommendations concerning specific problems within the scope of the functions of the Beneficiary Advisory Council. – 4 – - 83rd Session (2025) Sec. 8. NRS 422.151 is hereby amended to read as follows: 422.151 1. The [Medical Care] Medicaid Advisory Committee is hereby created within the Division. 2. The function of the [Medical Care] Medicaid Advisory Committee is to: (a) Advise the Division regarding the provision of and the ability to access services for the health and medical care of welfare recipients. (b) Participate, and increase the participation of welfare recipients, in the development of policy and the administration of programs by the Division. Sec. 9. NRS 422.153 is hereby amended to read as follows: 422.153 1. The [Medical Care] Medicaid Advisory Committee consists of [the Chief Medical Officer and:] : (a) The following voting members: [(a)] (1) A person who: [(1)] (I) Holds a license to practice medicine in this state; and [(2)] (II) Is certified by the Board of Medical Examiners in a medical specialty. [(b)] (2) A person who holds a license to practice dentistry in this state. [(c)] (3) A person who holds a certificate of registration as a pharmacist in this state. [(d)] (4) A member of a profession in the field of health care who is familiar with the needs of persons of low income, the resources required for their care and the availability of those resources. [(e)] (5) An administrator of a hospital or a clinic for health care. [(f)] (6) An administrator of a facility for intermediate care or a facility for skilled nursing. [(g)] (7) A member of the executive leadership of the Division. (8) A member of an organized group that provides assistance, representation or other support to recipients of Medicaid. [(h) A recipient of Medicaid.] (9) A representative of each health maintenance organization that is providing health care services to recipients of Medicaid pursuant to NRS 422.273. (10) A sufficient number of members of the Beneficiary Advisory Council created by section 5 of this act to compose at least 25 percent of the voting membership of the Medicaid Advisory Committee. – 5 – - 83rd Session (2025) (11) The person who is primarily responsible for directing the medical components of the Medicaid program, who serves as an ex officio member. (b) The Administrator of the Division of Welfare and Supportive Services of the Department, the Administrator of the Aging and Disability Services Division of the Department and the Administrator of the Division of Child and Family Services of the Department or their designees, who serve as ex officio, nonvoting members. 2. The Director shall appoint each member required by subparagraphs (1) to (10), inclusive, of paragraph (a) of subsection 1 to serve for a term of 2 years. A member may not serve consecutive terms. If the Director appoints new members to the Medicaid Advisory Committee, the initial terms of those members must be staggered in such a manner that, to the extent possible, the terms of one-half of the members of the Medicaid Advisory Committee expire on July 1 of each year. 3. [Members] Except as otherwise provided in subsections 4 and 5, members of the [Medical Care] Medicaid Advisory Committee serve without compensation . [, except that while] 4. While engaged in the business of the Medicaid Advisory Committee, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. 5. In addition to the per diem allowance and travel expenses provided pursuant to subsection 4, each member of the Medicaid Advisory Committee who is a recipient of Medicaid is entitled to receive compensation while engaged in the business of the Medicaid Advisory Committee in the form of transportation vouchers, reimbursement for child care expenses or other reimbursement as necessary to facilitate the participation of the member in the Medicaid Advisory Committee. Sec. 10. NRS 422.155 is hereby amended to read as follows: 422.155 1. The Director shall appoint a Chair of the [Medical Care] Medicaid Advisory Committee from among its members. 2. The Administrator or the designee of the Administrator shall serve as Secretary for the [Medical Care] Medicaid Advisory Committee. 3. The [Medical Care] Medicaid Advisory Committee: (a) Shall meet at least [once] quarterly each calendar year. (b) May, upon the recommendation of the Chair, form subcommittees for decisions and recommendations concerning – 6 – - 83rd Session (2025) specific problems within the scope of the functions of the [Medical Care] Medicaid Advisory Committee. Sec. 11. NRS 232.320 is hereby amended to read as follows: 232.320 1. The Director: (a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows: (1) The Administrator of the Aging and Disability Services Division; (2) The Administrator of the Division of Welfare and Supportive Services; (3) The Administrator of the Division of Child and Family Services; (4) The Administrator of the Division of Health Care Financing and Policy; and (5) The Administrator of the Division of Public and Behavioral Health. (b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and sections 2 to 7, inclusive, of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions. (c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq. (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must [Text truncated for display. Full text available on LegiScan.]