Read the full stored bill text
- 83rd Session (2025)
Senate Bill No. 299–Senators Dondero Loop; Cannizzaro, Daly,
Flores, Lange, Nguyen, Ohrenschall and Taylor
CHAPTER..........
AN ACT relating to health care; requiring a senior living
community referral agency to register with the Division of
Public and Behavioral Health of the Department of Health
and Human Services; setting forth certain requiremen ts for a
senior living community referral agency to obtain such
registration and the renewal thereof; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires a senior living community referral agency to o btain a
license from the State Board of Health. (NRS 449.0305) Section 2 of this bill
requires instead that a senior living community referral agency register with the
Division of Public and Behavioral Health of the Department of Health and Human
Services. Section 2 further sets forth the requirements for obtaining and renewing
such a registration.
Section 3 of this bill requires the Division of Public and Behavioral Health of
the Department of Health and Human Services to adopt regulations to carry out th e
provisions of the Nevada Revised Statutes relating to senior living community
referral agencies.
Section 7 of this bill provides that regardless of whether a senior living
community referral agency has obtained a license from the State Board of Health
before October 1, 2025, it may operate in this State without a license obtained from
the Board or a registration obtained from the Division until 120 days after the
regulations required to be adopted by the Division pursuant to section 3 are adopted
and approved pursuant to the Nevada Administrative Procedure Act.
Existing law authorizes the State Board of Health to set reasonable fees for the
licensing of any facility, establishment or service regulated to the Division. (NRS
439.150) Existing regulations adopted by the Board require: (1) an applicant for a
license to operate any referral agency to pay a fee of $2,708; and (2) an applica nt
for the renewal of such a license to pay a fee of $1,354. (NAC 449.013) Section 2
provides that the amount of fees for an application to register or renew the
registration of a senior living community referral agency may not exceed these
amounts. Section 7.5 of this bill prohibits the Board from increasing these fees for
a senior living community referral agency.
Section 4 of this bill makes a conforming change to eliminate the requirement
that a senior living community referral agency obtain a license from the Board.
Existing law sets forth the grounds for the Division to deny a license or suspend
or revoke a license. (NRS 449.160) Section 5 of this bill applies these provisions to
the registration of a senior living community referral agency.
Existing law: (1) sets forth certain notice requirements before the denial,
suspension or revocation of a license issued by the Division; and (2) authorizes an
appeal and hearing relating to the denial, suspension or revocation of such a license.
(NRS 449.170) Section 6 of this bill applies these provisions to the registration of a
senior living community referral agency.
– 2 –
- 83rd Session (2025)
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 449 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. A senior living community referral agency shall
register with the Division by submitting to the Division:
(a) An application for registration, in the form prescribed by
the Division, that includes, without limitation:
(1) The physical address, which must be in the United
States, where the senior living community referral agency will
maintain the re cords required pursuant to subsection 2 of NRS
449.114; and
(2) Any other contact information for the senior living
community referral agency;
(b) Proof of the liability insurance required pursuant to
paragraph (b) of subsection 2 of NRS 449.1145; and
(c) Paying a fee not to exceed $2,708.
2. The registration of a senior living community referral
agency:
(a) Is valid for 2 years; and
(b) May be renewed by submitting a renewal of registration, in
the form prescribed by the Division, that includes, without
limitation:
(1) An application for registration, in the form prescribed
by the Division, that includes, without limitation:
(I) The physical address, which must be in the United
States, where the senior living community referral agency will
maintain the records required pursuant to subsection 2 of NRS
449.114; and
(II) Any other contact information for the senior living
community referral agency;
(2) Proof of the liability insurance required pursuant to
paragraph (b) of subsection 2 of NRS 449.1145; and
(3) Paying a fee not to exceed $1,354.
Sec. 3. The Division shall adopt any regulations necessary to
carry out the provisions of NRS 449.114 and 449.1145 and section
1 of this act.
Sec. 4. NRS 449.0305 is hereby amended to read as follows:
449.0305 1. Except as otherwise provided in subsection 5, a
person must obtain a license from the Board to operate a business
– 3 –
- 83rd Session (2025)
that provides referrals to residential facilities for groups or any other
group housing arrangement that provides assistance, food, shelter or
limited supervision to a person with a mental illness, intellectual
disability, developmental disability or physical disability or who is
aged or infirm . [, including, without limitation, a senior living
community referral agency.]
2. The Board shall adopt:
(a) Standards for the licensing of businesses described in
subsection 1;
(b) Standards relating to the fees charged by such businesses;
(c) Regulations governing the licensing of such businesses; and
(d) Regulations establishing requirements for training the
employees of such businesses.
3. A licensed nurse, social worker, physician or hospital, or a
provider of geriatric care who is licens ed as a nurse or social
worker, may provide referrals to residential facilities for groups or
any other group housing arrangement described in subsection 1
through a business that is licensed pursuant to this section. The
Board may, by regulation, authoriz e a public guardian or any other
person it determines appropriate to provide referrals to residential
facilities for groups or any other group housing arrangement
described in subsection 1 through a business that is licensed
pursuant to this section.
4. A business that is licensed pursuant to this section or an
employee of such a business shall not:
(a) Refer a person to a residential facility for groups that is not
licensed.
(b) Refer a person to a residential facility for groups or any other
group housing arrangement described in subsection 1 if the business
or its employee knows or reasonably should know that the facility or
other group housing arrangement, or the services provided by the
facility or other group housing arrangement, are not appropriat e for
the condition of the person being referred.
(c) Refer a person to a residential facility for groups or any other
group housing arrangement described in subsection 1 that is owned
by the same person who owns the business.
A person who violates the provisions of this subsection is liable
for a civil penalty to be recovered by the Attorney General in the
name of the Board for the first offense of not more than $10,000 and
for a second or subsequent offense of not less than $ 10,000 nor
more than $20,000. Unless otherwise required by federal law, the
Board shall deposit all civil penalties collected pursuant to this
section into a separate account in the State General Fund to be used
– 4 –
- 83rd Session (2025)
to administer and carry out the provisions o f NRS 449.001 to
449.430, inclusive, and sections 2 and 3 of this act, 449.435 to
449.531, inclusive, and chapter 449A of NRS and to protect the
health, safety, well -being and property of the patients and residents
of facilities in accordance with applicab le state and federal
standards.
5. This section does not apply to [a] :
(a) A medical facility that is licensed pursuant to NRS 449.029
to 449.2428, inclusive, and section 2 of this act on October 1, 1999
[.] ; or
(b) A senior living community referral agency.
6. As used in this section:
(a) “Developmental disability” has the meaning ascribed to it in
NRS 435.007.
(b) “Intellectual disability” has the meaning ascribed to it in
NRS 435.007.
(c) “Mental illness” has the meaning ascribed to it in
NRS 433.164.
Sec. 5. NRS 449.160 is hereby amended to read as follows:
449.160 1. The Division may deny an application for a
license or registration or may suspend or revoke any license or
registration issued under the provisions of NRS 449.029 to
449.2428, inclusive, and section 2 of this act upon any of the
following grounds:
(a) Violation by the applicant , registrant or [the] licensee of
any of the provisions of NRS 439B.410, 449.029 to 449.245,
inclusive, and section 2 of this act or 449A.100 to 449A.124,
inclusive, 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 maintenance and
operation of the premises for which a license is issued.
(d) Conduct or practice detrimental to the heal th 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 section 2 of this act and 449.435 to 449.531, inclusive, and
chapter 449A of NRS if such approval is required, including,
– 5 –
- 83rd Session (2025)
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 facili ty 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 substantiates
the complaint or is inconclusive;
(b) A report of any investigation conducted with resp ect 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 b y the Division pursuant to
subsection 2.
Sec. 6. NRS 449.170 is hereby amended to read as follows:
449.170 1. When the Division intends to deny, suspend or
revoke a license [,] or registration, or impose any sanction
– 6 –
- 83rd Session (2025)
prescribed by NRS 449.163, it shall give reasonable notice to all
parties by certified mail. The notice must contain the legal authority,
jurisdiction and reasons for the action to be taken. Notice is not
required if the Division fin ds that the public health requires
immediate action. In that case, it may order a summary suspension
of a license or registration pursuant to this section and NRS
233B.127 or impose any sanction prescribed by NRS 449.163,
pending proceedings for revocation or other action.
2. If a person wants to contest the action of the Division, the
person must file an appeal pursuant to regulations adopted by the
Board.
3. Upon receiving notice of an appeal, the Division shall hold a
hearing pursuant to regulations adopted by the Board.
4. The Board shall adopt such regulations as are necessary to
carry out the provisions of this section.
Sec. 7. 1. Regardless of whether a senior living community
referral agency has obtained a lice nse from the State Board of
Health before October 1, 2025, pursuant to NRS 449.0305, the
senior living community referral agency may operate in this State
without a license obtained pursuant to NRS 449.0305 or a certificate
obtained from the Division of Pu blic and Behavioral Health of the
Department of Health and Human Services pursuant to section 2 of
this act until 120 days after the regulations required to be adopted by
the Division pursuant to section 3 of this act are adopted by the
Division and approv ed by the Legislative Commission pursuant to
the Nevada Administrative Procedure Act.
2. As used in this section, “senior living community referral
agency” has the meaning ascribed to it in NRS 449.0181.
Sec. 7.5. 1. Notwithstanding the provisions of subsection 3
of NRS 439.150, the State Board of Health shall not increase:
(a) The application fee for registration as a senior living
community referral agency required pursuant to section 2 of this act;
or
(b) The fee for the renewal of a registration as a senior living
community referral agency required pursuant to section 2 of this act.
2. As used in this section, “senior living community referral
agency” has the meaning ascribed to it in NRS 449.0181.
Sec. 8. 1. This section becomes effective upon passage and
approval.
2. Sections 1 to 7.5, 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
– 7 –
- 83rd Session (2025)
(b) On October 1, 2025, for all other purposes.
20 ~~~~~ 25