Revises provisions relating to health care for senior citizens. (BDR 38-457)

A.B. 338

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ASSEMBLY BILL NO. 338–COMMITTEE ON
HEALTH AND HUMAN SERVICES

(ON BEHALF OF THE LEGISLATIVE COMMITTEE ON SENIOR
CITIZENS, VETERANS AND ADULTS WITH SPECIAL NEEDS)

MARCH 3, 2025
____________

Referred to Committee on Health and Human Services

SUMMARY—Revises provisions relating to health care for senior
citizens. (BDR 38-457)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.

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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 health care; providing for Medicaid coverage of
attendant care services for frail elderly persons; requiring
the establishment of an Internet website to facilitate
connection between agencies to provide personal care
services in the home and persons in need of personal care
services; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Federal law authorizes stat es to receive federal financial participation to 1
support the provision of certain home and community -based services, including 2
attendant care services, for recipients of Medicaid who are elderly. (42 U.S.C. § 3
1396n) Existing law requires the Department of Health and Human Services to 4
apply to the Secretary of Health and Human Services for a waiver that provides 5
such federal financial participation. (NRS 422.396) Section 1 of this bill requires 6
the Department to apply to the Secretary of Health and Human Services to amend 7
its home and community -based services waiver to authorize this State to receive 8
federal financial participation to partially cover the costs o f attendant care services 9
for frail elderly persons. Section 3 of this bill makes a conforming change to 10
indicate that section 1 will be administered in the same ma nner as other provisions 11
of existing law governing Medicaid. 12
Existing law requires an agency to provide personal care services in the home 13
to be licensed by the Division of Public and Behavioral Health of the Department 14
of Health and Human Services. (NRS 449.0045, 449.030) Section 2 of this bill 15
requires the Aging and Disability Services Division of the Department, in 16
collaboration with the Division of Publi c and Behavioral Health of the Department, 17

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to establish an Internet website to facilitate connection between agencies to provide 18
personal care services in the home and persons in need of personal care services 19
that includes certain information about each l icensed agency to provide personal 20
care services in the home. 21

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 1
thereto a new section to read as follows: 2
1. The Department shall apply to the Secretary of Health and 3
Human Services to amend its home and community-based services 4
waiver granted pursuant to 42 U.S.C. § 1396n. The waiver must be 5
amended, in addition to providing coverage for any home and 6
community-based services which the waiver covers on January 1, 7
2026, to authorize the Department to include as medical assistance 8
under Medicaid the funding of attendant care services for frail 9
elderly persons, including, without limitation: 10
(a) Bathing; 11
(b) Grooming; 12
(c) Toileting; 13
(d) Moving about; 14
(e) Dressing; and 15
(f) Eating. 16
2. The Department shall: 17
(a) Cooperate with the Federal Government in amending the 18
waiver pursuant to this section; 19
(b) If the Federal Government approves the amendment to the 20
waiver, adopt regulations necessary to carry out the provisions of 21
this section, including, without limitation, regulations establishing 22
the criteria to be used in determining eligibility for a person to 23
receive attendant care services pursuant to subsection 1; and 24
(c) Implement the amendments to the waiver only to the extent 25
that the amendments are approved by the Federal Government. 26
3. As used in this section, “frail elderly person” has the 27
meaning ascribed to it in NRS 427A.029. 28
Sec. 2. Chapter 427A of NRS is hereby amended by adding 29
thereto a new section to read as follows: 30
1. The Division shall collaborate with the Division of Public 31
and Behavioral Health of the Department to establish an Internet 32
website to facilitate connection between agencies to provide 33
personal care services in the home and pe rsons in need of 34
personal care services. 35
2. The Internet website established pursuant to subsection 1 36
must: 37

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(a) Include an entry for each agency to provide personal care 1
services in the home that is licensed in this State. Each such entry 2
must include, without limitation: 3
(1) The location and contact information of the agency; 4
(2) The locations where the agency provides services; 5
(3) The services and level of care provided by the agency; 6
(4) Any disciplinary action that has ever been imposed 7
against the agency; and 8
(5) The types of insurance accepted by the agency. 9
(b) Provide a means by which an agency to provide personal 10
care services in the home that wishes to participate may connect 11
with persons who may be interested in obtaining the services of the 12
agency. 13
3. As used in this section, “agency to provide personal care 14
services in the home” has the meaning ascribed to it in 15
NRS 449.0021. 16
Sec. 3. NRS 232.320 is hereby amended to read as follows: 17
232.320 1. The Director: 18
(a) Shall appoint, with the consent of the Governor, 19
administrators of the divisions of the Department, who are 20
respectively designated as follows: 21
(1) The Administrator of the Aging and Disability Services 22
Division; 23
(2) The Administrat or of the Division of Welfare and 24
Supportive Services; 25
(3) The Administrator of the Division of Child and Family 26
Services; 27
(4) The Administrator of the Division of Health Care 28
Financing and Policy; and 29
(5) The Administrator of the Division of Public and 30
Behavioral Health. 31
(b) Shall administer, through the divisions of the Department, 32
the provisions of chapters 63, 424, 425, 427A, 432A to 442, 33
inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 34
127.220 to 127.310, inclusive, 422.001 to 422.410 , inclusive, and 35
section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 36
432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, 37
and 445A.01 0 to 445A.055, inclusive, and all other provisions of 38
law relating to the functions of the divisions of the Department, but 39
is not responsible for the clinical activities of the Division of Public 40
and Behavioral Health or the professional line activities o f the other 41
divisions. 42
(c) Shall administer any state program for persons with 43
developmental disabilities established pursuant to the 44

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Developmental Disabilities Assistance and Bill of Rights Act of 1
2000, 42 U.S.C. §§ 15001 et seq. 2
(d) Shall, after consid ering advice from agencies of local 3
governments and nonprofit organizations which provide social 4
services, adopt a master plan for the provision of human services in 5
this State. The Director shall revise the plan biennially and deliver a 6
copy of the plan t o the Governor and the Legislature at the 7
beginning of each regular session. The plan must: 8
(1) Identify and assess the plans and programs of the 9
Department for the provision of human services, and any 10
duplication of those services by federal, state and local agencies; 11
(2) Set forth priorities for the provision of those services; 12
(3) Provide for communication and the coordination of those 13
services among nonprofit organizations, agencies of local 14
government, the State and the Federal Government; 15
(4) Identify the sources of funding for services provided by 16
the Department and the allocation of that funding; 17
(5) Set forth sufficient information to assist the Department 18
in providing those services and in the planning and budgeting for the 19
future provision of those services; and 20
(6) Contain any other information necessary for the 21
Department to communicate effectively with the Federal 22
Government concerning demographic trends, formulas for the 23
distribution of federal money and any need for the modificatio n of 24
programs administered by the Department. 25
(e) May, by regulation, require nonprofit organizations and state 26
and local governmental agencies to provide information regarding 27
the programs of those organizations and agencies, excluding 28
detailed information relating to their budgets and payrolls, which the 29
Director deems necessary for the performance of the duties imposed 30
upon him or her pursuant to this section. 31
(f) Has such other powers and duties as are provided by law. 32
2. Notwithstanding any other provision of law, the Director, or 33
the Director’s designee, is responsible for appointing and removing 34
subordinate officers and employees of the Department. 35
Sec. 4. 1. This section becomes effective upon passage and 36
approval. 37
2. Sections 1, 2 and 3 of this act become effective: 38
(a) Upon passage and approval for the purpose of adopting any 39
regulations and performing any other preparatory administrative 40
tasks that are necessary to carry out the provisions of this act; and 41
(b) On January 1, 2026, for all other purposes. 42

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