Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 161–Assemblymember Edgeworth
Joint Sponsor: Senator Taylor
CHAPTER..........
AN ACT relating to hospice care; requiring a program of hospice
care to obtain informed consent to treatment and provide
certain notice to patients or their representatives; providing
that patients of a program for hospice care have a right to
certain care; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law: (1) requires any program of hospice care, regardless of whether
the program is provided by a facility for hospice care, to be licensed by the
Division of Public and Behavioral Health of the Department of Health and Human
Services; and (2) imposes certain requirements governing the operation of a
program of hospice care. (NRS 449.029, 449.030, 449.196) Existing law requires a
program of hospice care to provide certain care, and section 17 of this bill provides
that a patient of a program of hospice care has a right to such care. (NRS 449.196)
Sections 17 and 18 of this bill require a program of hospice care to inform a patient
of that right. Section 15 of this bill removes provisions authorizing a facility for
hospice care to pro vide certain care that the facility is required by existing law to
provide. Section 14 of this bill requires a program of hospice care to obtain and
document the informed, written consent of a patient or his or her representative for
all treatment and all decisions regarding the care of the patient. Section 14
additionally requires a program of hospice care to: (1) notify a patient or his or her
representative if the program has initiated filing claims for benefits on behalf of the
patient; (2) provide a written notice containing the contact information for the
program and the hours during which the program can be contacted; (3) notify a
patient or his or her representative not less than 7 days before the program
terminates the care of the patient or ceases operations; and (4) provide a written
notice to the patient or his or her representative upon admission outlining the right
of the patient to file a complaint against the program with the Division.
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:
Sections 1-11. (Deleted by amendment.)
Sec. 12. 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
– 2 –
- 83rd Session (2025)
449A.100 to 449A.124, inclusive, and section 17 of this act 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 maintenan ce 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 De partment 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, i ncluding, 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 any regulation adopted pursuant thereto.
(i) Violation of the provisions of NRS 629.260.
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:
– 3 –
- 83rd Session (2025)
(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. 13. (Deleted by amendment.)
Sec. 14. NRS 449.196 is hereby amended to read as follows:
449.196 1. No person, state or local government or agency
may represent that it provides “hospice care” unless the program of
care, either directly or indirectly:
[1.] (a) Has a medical director whose responsibilities are
appropriate to the needs of the program and who:
[(a)] (1) Is a physician, currently licensed to practice;
[(b)] (2) On the basis of training, experience and interest, is
knowledgeable about the psychosocial and medical aspects of
hospice; and
[(c)] (3) Acts as a medical resource to the interdisciplinary team
which provides the hospice care;
[2.] (b) Is provided to the patient, as needed, in the patient’s
home, at a residential facility and at a medical facility, at any time of
the day or night;
[3.] (c) Includes medical, nursing, psychological and pastoral
care and social services at the level required by the patient’s
condition;
[4.] (d) Provides supportive services for the patient’s immediate
family and other persons with significant personal ties to the patient,
whether or not related by blood, including:
[(a)] (1) Care for the patient which provides a respite from the
stresses and responsibilities that result from the daily care of the
patient; and
[(b)] (2) Emotional support and other care after the patient dies;
and
[5.] (e) Includes the services of trained volunteers.
– 4 –
- 83rd Session (2025)
2. A program of hospice care shall:
(a) Obtain the informed, written consent of the patient or his
or her representative for all treatment and all decisions
concerning the care of the patient;
(b) Maintain each document upon which written consent is
provided pursuant to paragraph (a) for at least 5 years after the
patient ceases receiving care from the program;
(c) Timely notify the patient or his or her representative if the
program of hospice care has initiated filing claims for benefits on
behalf of the patient;
(d) Provide a written notice to the patient or his or her
representative that contains the contact information for the
program of hospice care and the hours during which the program
can be reached through the contact information provided;
(e) If the program of hospice care plans to cease operations or
terminate the care of a patient, provide written notice of that fact
to the patient or his or her representative not less than 7 days
before ceasing operations or terminating the care of the patient, as
applicable; and
(f) Provide to the patient or his or her representative upon the
admission of the patient a written notice that:
(1) States that the patient has the right to file a complaint
against the program with the Division at any time;
(2) Describes the process through which a complaint may
be made with the Division; and
(3) Contains the address of the Internet website and
telephone number of the Division.
Sec. 15. NRS 449.197 is hereby amended to read as follows:
449.197 [1.] A licensed facility for hospice care may provide
any of the following levels of care for terminally ill patients:
[(a)] 1. Medical care for a patient who is in an acute episode of
illness;
[(b)] 2. Skilled nursing care;
[(c)] 3. Intermediate care;
[(d)] 4. Custodial care; and
[(e)] 5. Palliative services.
[2. A licensed facility for hospice care may provide direct
supportive serv ices to a patient’s family and persons who provide
care for the patient, including services which provide care for the
patient during the day and other services which provide a respite
from the stresses and responsibilities that result from the daily care
of the patient.]
Sec. 16. (Deleted by amendment.)
– 5 –
- 83rd Session (2025)
Sec. 17. Chapter 449A of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Every patient of a program of hospice care has the right to
receive the care specified in paragraph (c) of subsection 1 of
NRS 449.196.
2. Not later than 15 days after a patient elects to receive care
from a program of hospice care, the program of hospice care shall
provide to the patient or the patient’s legal representative an
explanation of the services available through the program. The
explanation must include, without limitation, a statement of the
rights prescribed by subsection 1.
3. As used in this section, “program of hospice care” means a
program of hospice care described in NRS 449.196.
Sec. 18. NRS 449A.118 is hereby amended to read as follows:
449A.118 1. Every medical facility and facility for the
dependent shall inform each patient or the patient’s legal
representative, upon the admission of the patient to the facility, of
the patient’s rights as listed in NRS 449A.100 and 449A.106 to
449A.115, inclusive [.] , and section 17 of this act.
2. In addition to the requirements of subsection 1, if a person
with a disability is a patient at a facility, as that term is defined in
NRS 449A.218, the facility shall inform the patient of his or her
rights pursuant to NRS 449A.200 to 449A.263, inclusive.
3. In addition to the requirements of subsections 1 and 2, every
hospital shall, upon the admission of a patient to the hospital,
provide to the patient or the patient’s legal representative:
(a) Notice of the right of the patient to:
(1) Designate a caregiver pursuant to NRS 449A.300 to
449A.330, inclusive; and
(2) Express complaints and grievances as described in
paragraphs (b) to (f), inclusive;
(b) The name and contact information for persons to whom such
complaints and grievances may be expressed, including, without
limitation, a patient representative or hospital social worker;
(c) Instructions for filing a complaint with the Division;
(d) The name and contact information of any entity responsible
for accrediting the hospital;
(e) A written disclosure approved by the Director of the
Department of Health and Human Services, which written
disclosure must set forth:
(1) Notice of the existence of the Bureau for Hospital
Patients created pursuant to NRS 232.462;
(2) The address and telephone number of the Bureau; and
– 6 –
- 83rd Session (2025)
(3) An explanation of the services provided by the Bureau,
including, without limitation, the services for dispute resolution
described in subsection 3 of NRS 232.462; and
(f) Contact information for any other state or local entity that
investigates complaints concerning the abuse or neglect of patients.
4. In addition to the requirements of subsections 1, 2 and 3,
every hospital shall, upon the discharge of a patient from the
hospital, provide to the patient or the patient’s legal representative a
written disclosure approved by the Director, which written
disclosure must set forth:
(a) If the hospital is a major hospital:
(1) Notice of the reduction or discount available pursuant to
NRS 439B.260, including, without limitation, notice of the criteria a
patient must satisfy to qualify for a reduction or discount under that
section; and
(2) Notice of an y policies and procedures the hospital may
have adopted to reduce charges for services provided to persons or
to provide discounted services to persons, which policies and
procedures are in addition to any reduction or discount required to
be provided pursuant to NRS 439B.260. The notice required by this
subparagraph must describe the criteria a patient must satisfy to
qualify for the additional reduction or discount, including, without
limitation, any relevant limitations on income and any relevant
requirements as to the period within which the patient must arrange
to make payment.
(b) If the hospital is not a major hospital, notice of any policies
and procedures the hospital may have adopted to reduce charges for
services provided to persons or to provid e discounted services to
persons. The notice required by this paragraph must describe the
criteria a patient must satisfy to qualify for the reduction or
discount, including, without limitation, any relevant limitations on
income and any relevant requirements as to the period within which
the patient must arrange to make payment.
As used in this subsection, “major hospital” has the meaning
ascribed to it in NRS 439B.115.
5. In addition to the requirements of subsections 1 to 4,
inclusive, every hospital shall post in a conspicuous place in each
public waiting room in the hospital a legible sign or notice in 14 -
point type or larger, which sign or notice must:
(a) Provide a brief description of any policies and procedures the
hospital may have adopted to reduce charges for services provided
to persons or to provide discounted services to persons, including,
without limitation:
– 7 –
- 83rd Session (2025)
(1) Instructions for receiving additional information
regarding such policies and procedures; and
(2) Instructions for arranging to make payment;
(b) Be written in language that is easy to understand; and
(c) Be written in English and Spanish.
Sec. 19. (Deleted by amendment.)
Sec. 20. 1. This section becomes effective upon passage and
approval.
2. Sections 1 to 19, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.
20 ~~~~~ 25