Read the full stored bill text
- 83rd Session (2025)
Senate Bill No. 138–Senator Cannizzaro
Joint Sponsors: Assemblymembers Brown-May, González, Gray,
Nadeem, Nguyen and Orentlicher
CHAPTER..........
AN ACT relating to Medicaid; requiring certain hospitals to enroll
as a qualified provider for determining whether a pregnant
woman is presumptively eligible for Medicaid or contract
with certain entities to make such determinations; requiring
such hospitals and contractors to provide notices relating to
Medicaid to certain persons; prescribing certain rights for
parents and legal guardians of newborn children who are
patients in a neonatal intensive care unit of a hospital ; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires certain hospitals to enter into agreements with the United
States Secretary of Health and Human Services to accept payment through
Medicare. (NRS 449.1821) Existing law also requires the Director of the
Department of Health and Human Services to authorize a pregnant woman who is
determined to be presumptively eligible for Medicaid to enroll in Medicaid for a
specified period of time without submitting an application for enrollment in
Medicaid which includ es additional proof of eligibility. (NRS 422.27171) Section
2.4 of this bill requires a hospital that provides birthing services to enroll as a
qualified provider to determine whether a pregnant woman is presumptively
eligible for Medicaid or contract with an entity that is qualified to make such
determinations under federal law . Section 2.4 requires the hospital or qualified
entity to: (1) determine whether each pregnant woman seeking services from the
hospital is presumptively eligible for Medicaid; and (2) notify a pregnant woman
and the parent or legal guardian of certain newborn children of federal benefits that
the woman or child, as applicable, may be eligible to receive.
Existing law establishes certain rights for patients of medical facilities and
facilities for the dependent. (NRS 449A.100 -449A.124) Section 2. 6 of this bill
establishes certain rights of a parent or legal guardian of a newborn child who is
receiving care in a neonatal intensive care unit of a hospital . Section 2.2 of this bill
authorizes the suspension or revocation of the license of a hospital that fails to
honor such rights.
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 and 2. (Deleted by amendment.)
Sec. 2.2. 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
– 2 –
- 83rd Session (2025)
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
449A.100 to 449A.124, inclusive, and section 2. 6 of this act, and
449A.270 to 449A.286, inclusive, or of any other law of t his 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 maintenance 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 Department 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 i s required, including, 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 ope rate a facility for the dependent pursuant to
– 3 –
- 83rd Session (2025)
subsection 2. The Division shall provide to a facility for the care of
adults during the day:
(a) A summary of a complaint against the facility if the
investigation of the complaint by the Division either subs tantiates
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 publ ic
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. 2.4. NRS 449.1821 is hereby amended to read as follows:
449.1821 1. A hospital, other than a psychiatric ho spital,
critical access hospital or rural hospital, shall enter into an
agreement with the United States Secretary of Health and Human
Services pursuant to 42 U.S.C. § 1395cc to accept payment through
Medicare.
2. A hospital that provides birthing services shall:
(a) Enroll as a qualified provider to determine whether a
pregnant woman is presumptively eligible for Medicaid pursuant
to NRS 422.27171 and:
(1) Determine whether each pregnant woman seeking
services from the hospital is presumptively eligible for Medicaid ;
and
(2) If a child is born prematurely, with a low birth weight or
with any other condition that qualifies the child for benefits under
the Supplemental Security Income Program, ensure that the
parent or legal guardian of the child receives written notice that
the child may be eligible to receive benefits under the
Supplemental Security Income Program and Medicaid; or
(b) Contract with a qualified entity to perform the functions
described in subparagraphs (1) and (2) of paragraph ( a) and
subsections 3 and 4 on behalf of the hospital.
3. Except as otherwise provided in this subsection, the written
notice provided to a parent or legal guardian pursuant to
subparagraph (2) of paragraph (a) of subsection 2 must be in the
primary language of the parent or legal guardian . If such written
– 4 –
- 83rd Session (2025)
notice is not available in that language, the hospital or the
qualified entity with which the hospital has contracted shall
ensure that:
(a) The parent or legal guardian of the child receives verbal
notice in the primary language of the parent or legal guardian of
the information contained in the written notice; and
(b) The provision of such verbal notice is documented in the
medical record of the child.
4. If a qualified member of the staff of a hospital or a
qualified entity with which a hospital has contracted determines
that a pregnant woman is not currently enrolled in Medicaid and
is:
(a) Presumptively eligible for Medicaid, the hospital or
qualified entity, as applicable, shall provide the pregnant woman
with written information concerning Medicaid. The written
information must include, without limitation:
(1) The date s on which the presumptive eligibility period
begins and ends;
(2) A summary of the benefits provided by Medicaid; and
(3) Details on the process to apply for enrollment in
Medicaid beyond the presumptive eligibility period.
(b) Not presumptively eligible for Medicaid, the hospital or
qualified entity, as applicable, shall provide the pregnant woman
with an explanation of the reason she is not eligible and
information on submitting an application to enroll in Medicaid.
5. As used in this section:
(a) “Presumptive eligibility period” has the meaning ascribed
to it in 42 U.S.C. § 1396r-1(b)(1).
(b) “Qualified entity” has the meaning ascribed to it in 42
U.S.C. § 1396r-1a(b)(3).
(c) “Qualified provider” has the meaning ascribed to it in 42
U.S.C. § 1396r-1(b)(2).
(d) “Supplemental Security Income Program” has the
meaning ascribed to it in NRS 422A.075.
Sec. 2.6. Chapter 449A of NRS is hereby amended by adding
thereto a new section to read as follows:
The parent or legal guardian of a newborn child who is
receiving care in a neonatal intensive care unit of a hospital has
the right to:
1. Receive clear , honest an d timely updates concerning the
condition, treatment plan and prognosis of the newborn child in a
language that the parent or legal guardian understands.
– 5 –
- 83rd Session (2025)
2. Be near the newborn child, except in emergency situations
or if other safety concerns exist, and participate in the daily
rounds and decision making relating to the child.
3. Be informed of and provide consent to all treatments for
and procedures performed on the newborn child, except in
emergency situations.
4. As medically appropriate, h old and touch the newborn
child.
5. Access l actation support, receive information on
breastfeeding and the expression of breast milk and access options
for the safe storage of breast milk that are within the existing
capabilities of the hospital, if the parent or legal guardian chooses
to breastfeed the newborn child.
6. Receive i nformation concerning resources relating to the
mental health of the parent or legal guardian, including, without
limitation, support groups, counseling services or peer networks.
7. Ask questions and voice concerns to the medical staff of
the hospital.
8. Request and , when feasible, receive accommodations for
religious or cultural needs, including, without limitation, spiritual
support or dietary needs.
9. Be informed concerning the process for discharge from the
hospital and any potential long-term needs of the newborn child.
10. Receive guidance on applying for and receiving benefits
under private insurance, the Supplemental Security Income
Program, as defined in NRS 422A.075, and Medicaid , where
applicable.
11. An environment in the hospital that acknowledges the
role of the parent or legal guardian as a caregiver, including,
without limitation, reasonable accommodations for the comfort
and privacy of the parent or legal guardian and the ability of the
parent or legal guardian to communicate with the medical staff
and others.
Sec. 3. 1. This section becomes effective upon passage and
approval.
2. Sections 1 to 2.6, 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