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- 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 procedure s 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 me mbership 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 req uirements, 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 curren tly 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 y ears; 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
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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.
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2. The Beneficiary Advisory Council must consist of a
number of members that is at least sufficient to compose the
membership of the Medicaid Advis ory 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 t hose
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 Be neficiary 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.
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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 healt h 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 cl inic 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 sufficien t 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.
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(11) The person who is primarily responsible for directing
the medical components of the Medica id 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 Div ision 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 transporta tion
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
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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 t he 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 re lating 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 progr am 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 nonprofi t 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:
(1) Identify and assess the plans and programs of the
Department for the provision of human services, and any
duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
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(3) Provide for communication and the coordination of those
services among nonprofit organizations, agencies of local
government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by
the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department
in providing those services and in the planning and budgeting for the
future provision of those services; and
(6) Contain any other informatio n necessary for the
Department to communicate effectively with the Federal
Government concerning demographic trends, formulas for the
distribution of federal money and any need for the modification of
programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state
and local governmental agencies to provide information regarding
the programs of those organizations and agencies, excluding
detailed information relating to their budgets and payrolls, which the
Director deems necessary for the performance of the duties imposed
upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or
the Director’s designee, i s responsible for appointing and removing
subordinate officers and employees of the Department.
Sec. 12. As soon as practicable after July 1, 2025, the Director
of the Department of Health and Human Services shall appoint to
the Beneficiary Advisory Council created by section 5 of this act
within the Division of Health Care Financing and Policy of the
Department of Health and Human Services:
1. The member who is a member of the executive leadership of
the Division of Health Care Financing and Policy of the Department
of Health and Human Services to an initial term that expires on
July 1, 2027;
2. One member described in paragraph (a) of subsection 1 of
section 6 of this act to an initial term that expires on July 1, 2026;
3. One member described in paragraph (a) of subsection 1 of
section 6 of this act to an initial term that expires on July 1, 2027;
4. One member described in paragraph (b) of subsection 1 of
section 6 of this act to an initial term that expires on July 1, 2026;
5. One member described in paragraph (b) of subsection 1 of
section 6 of this act to an initial term that expires on July 1, 2027;
6. To the extent practicable, one -half of any additional
members described in subsection 2 of section 6 of this act to initial
terms that expire on July 1, 2026; and
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7. To the extent practicable, one -half of any additional
members described in subsection 2 of section 6 of this act to initial
terms that expire on July 1, 2027.
Sec. 13. 1. The terms of the members of the Medical Care
Advisory Committee of the Division of the Health Car e Financing
and Policy of the Department of Health and Human Services
appointed pursuant to NRS 422.153 who are incumbent on June 30,
2025, expire on that date.
2. As soon as practicable on or after July 1, 2025, the Director
of the Department shall appo int to the Medicaid Advisory
Committee created by NRS 422.151, as amended by section 8 of
this act:
(a) The members described in subparagraph s (1) to (5),
inclusive, of paragraph (a) of subsection 1 of NRS 422.15 3, as
amended by section 9 of this act, to initial terms that expire on
July 1, 2026;
(b) The members described in subparagraphs (6) to (9),
inclusive, of paragraph (a) of subsection 1 of NRS 422.15 3, as
amended by section 9 of this act, to initial t erms that expire on
July 1, 2027; and
(c) The members described in subparagraph (10) of paragraph
(a) of subsection 1 of NRS 422.153, as amended by section 9 of this
act, to initial terms that expire on the same date as the terms those
members are serving on the Beneficiary Advisory Council created
by section 5 of this act within the Division of Health Care Financing
and Policy of the Department of Health and Human Services.
3. Notwithstanding the provisions of NRS 422.15 3, as
amended by section 9 of this act, the Director may reappoint to the
Medicaid Advisory Committee created by NRS 422.151, as
amended by section 8 of this act, any member who has not served a
full term and who satisfies the requirements for membership
prescribed by NRS 422.153, as amended by section 9 of this act.
Sec. 14. Any action taken by an officer or agency whose name
has been changed pursuant to the provisions of this act to another
officer or agency remains in effect as if taken by the officer or
agency to which the responsibility for the enforcement of such
actions has been transferred.
Sec. 15. This act becomes effective on July 1, 2025.
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