BILL NO.

EFFECTIVE  DATE

SUBJECT/SUMMARY

Authorizes County Commissioners to enter into contracts or other agreements to provide the residents of the county with discounts on prescription drugs. 

Prohibits a credit reporting agency from charging a consumer who is 65 years of age or older a fee to place or remove a security freeze on his credit file or to release temporarily his consumer report to a specific person or for a specific period of time.  Also reduces the maximum amount of the fees to be charged to persons under 65 years of age.

HEALTH INSURANCE COVERAGE FOR PODIATRY

If a policy of health insurance, policy of group health insurance, contract for hospital or medical services, or evidence of coverage under a health care plan provides coverage for treatment of illnesses with the scope of a podiatrist, the coverage must be for the same number of visits and in the same amount as provided for other physicians. 

BOARD OF EXAMINERS OF LONG TERM CARE ADMINISTRATORS

Increases maximum administrative fine imposed by Board of Examiners of Long Term Care Administrators from $2,500 to $5,000 and allows Board to recover reasonable investigative fees and costs.  In addition to current violations, fines can be levied for conduct that violates the trust of a patient or resident or exploits the relationship between administrators of nursing facility or residential facility for groups for financial or other gain of the licensee.

Includes murder committed in the perpetration or attempted perpetration of abuse of an older person to the list of offenses for which murder in the first degree can be charged.

Expands the list of crimes for which facilities for intermediate care or skilled nursing or residential facilities for groups may have licenses denied, suspended or revoked.  Adds abuse, neglect, isolation and exploitation of elderly persons, violations of provisions of the State Plan for Medicaid, and any criminal act concerning Medicare or Medicaid.

FINANCIAL INSTITUTIONS MANDATORY REPORTERS OF ELDER ABUSE

Requires financial institutions, savings and loan associations and thrift companies to provide specific training to certain employees and officers concerning the identification of exploitation of older persons.  The officers and employees are required to report reasonably suspected exploitation to a designated person who is then required to report to the appropriate agency.

Anyone making a firm offer of credit by mail and receiving an acceptance that contains an address different from that on the original offer must verify that the person accepting the offer is the same person to whom the offer was made, using verification methods enumerated in the law.

A person may record a telephone conversation with a collection agency after notifying the caller and recording the notification.  Consent from the collection agency to be recorded is no longer necessary.  If the debt being collected is from a hospital, the collector must provide certain information in writing to the debtor within five days of the call.

Wholesalers and manufacturers of drugs, medicine, devices or appliances, who employ salespeople in Nevada, must adopt a written marketing code of conduct, a training program, and policies and procedures.  They must identify a compliance officer, and submit an annual audit certifying compliance with the code to the State Board of Pharmacy.

WEBSITE ABOUT HOSPITALS AND SURGICAL CENTERS

Requires the Department of Health and Human Services to establish and maintain a website containing information about the charges imposed and quality of service of hospitals and surgical centers for ambulatory patients in Nevada.  See AB 629

REGISTRY OF ADVANCE DIRECTIVES FOR HEALTH CARE

Requires the Secretary of State to establish and maintain the Registry of Advance Directives for Health Care on his website.  The Registry will consist of voluntarily submitted Advance Directives that will be digitally photographed.  The person wishing to access an advanced directive will have to use a registration number and password.  This program is subject to availability of necessary funds for operation of the website.  Fees may be charged.  See AB 629

The Department of Motor Vehicles may issue a certificate of title in beneficiary form on motor vehicles, trailers or semi trailers. This form directs the DMV to transfer title to the designated beneficiary upon the death of the owner or the deaths of all joint owners.  This also applies to titles of motorboats through the Department of Wildlife.  Does not apply to persons holding interest as tenants in common.  Can only be invoked by changing the title.  Allows property to transfer to beneficiary on death of the owner without being included in will and/or probate.

Eliminates the role of the Task Force for a Healthy Nevada in allocating certain percentages of money from the Fund for a Healthy Nevada to the Department of Health and Human Services and to the Division for Aging Services, leaving it up to DHHS to allocate funds according to percentages prescribed in this bill.  The Grants Management Advisory Committee, whose membership is increased, will provide assistance.

When closing or converting a manufactured home park, the landlord must submit a resident impact statement to the local zoning board, planning commission or governing body before they make a decision concerning the closure or conversion.  Format and required information described in bill.

INVESTIGATING, PROSECUTING & REPORTING ELDER ABUSE

Creates a Unit for the Investigation and Prosecution of Crimes against Older Persons within the Attorney General’s office.  Allows for civil penalties against perpetrators of crimes against older persons.  Creates the Repository for Information Concerning Crimes against Older Persons in the Central Repository for Nevada Records of Criminal History.

Requires Department of Health and Human Services to establish and maintain a list of no less than 100 of the most commonly prescribed drugs in Nevada on the Internet. The information must be presented so a consumer may compare prices.  This program is dependent on available funding.  See AB 629

If a patient requests it, a practitioner must include the symptom or purpose for which a drug is prescribed on the prescription, and the pharmacist must include this information on the label.  Unless prohibited by the practitioner, the pharmacist may indicate “substituted for” following the generic name of the drug, preceding the brand name.

Regarding hospital billing and collecting procedures, a hospital must not:

·               Begin collecting from patient until insurance or public assistance has
          been billed and amount owed by patient has been established. 
          Collection efforts cannot commence until 30 days after patient has been
          sent notice of how much he is responsible to pay.

·               Charge more interest on delinquent accounts than prime rate plus 2%,
          nor charge any additional fees not assessed by a court.

·               Commence an action against a person to recover payment more than
          four years after date on which any payment that is due for the services is not paid.

·               Assign, sell or transfer its interest in a lien.

Facilities for the care of adults during the day must maintain copies of their license, summaries of complaints, reports of investigations of any of the complaints, and reports of any disciplinary action against the facility.  This information must be provided to each patient or his representative at or before admission, prospective patient or representative considering admission, and to all patients or their legal representatives if disciplinary action is taken.  Must include all required information for the 12-month period ending on the last day of the month immediately preceding month in which information is provided.

Health insurance companies are allowed, under contracts that provide coverage for long-term care or disability income, to deny a claim that involves an injury sustained by an insured as a consequence of being intoxicated or under the influence of a controlled substance.

Increases regulation of mobile home parks by:

·        Allowing persons to rescind payment towards purchase of mobile home
          or placement of mobile home in park if relying on misleading information. 
          Must bring action in court.

·        Requiring landlord to give prospective tenant copies of rental agreement;
          rules and regulations of park; existing notices of sale, closure or conversion
          of park; criteria used in accepting applicants; and maintenance responsibilities
          of the landlord.

·        Requiring landlord to provide moving and various other costs within a 100-mile
          radius if closing or converting the park.

·        Increasing limitation on the amount of a lien that a landlord may hold for
          unpaid rental fees and utilities from $2,000 to $2,500.

SHERIFF’S WORK CARDS FOR EMPLOYEES

Landlord of dwelling units intended for persons over 55 years of age must require persons performing work for more than 36 hours per week and who will have access to the units to have a work card issued by the sheriff.  A work card shall not be issued to anyone who has been convicted of a category A, B or C felony in this or any other state, has been convicted of a sexual offence, has been convicted of a crime against anyone 60 years of age or older or a vulnerable person, has been convicted of a battery punishable as a gross misdemeanor within the immediately preceding 5 years, has been convicted of a theft or a crime involving controlled substances within the preceding five years.  Also makes the issuance of a temporary sheriff’s work card discretionary rather than mandatory.

Broadens law against using the personal identifying information of another to harm that person or obtain anything of value in that person’s name to include information that identifies the actions taken, communications made or received by, or other activities or transactions of a living or deceased person.

Changes laws regarding mortgage lending. Requires that the lender make a determination that the borrower has the ability to pay the loan.  Loans cannot be based solely on the equity in the property.  If a lender is convicted of fraudulently participating in a mortgage loan transaction, the borrower may rescind the transaction within six months after the date of conviction.  New law also regulates foreclosure consultants and provides some benefits to members of the military regarding mortgages.

PHYSICAL THERAPY FACILITY OWNERSHIP

If a provider of health care refers a patient to a physical therapy facility in which the provider has a financial interest, the patient must be informed of this in writing.

Increases the amount of equity protected in a homestead property from $350,000 to $500,000.  Also adds exemptions from judgment for money deposited with a landlord for primary residence, personal property up to $1,000 in value and a tax refund received as a result of an earned income credit.

Adjusts the terms of the members of the Nevada Silver-Haired Legislative Forum.

Contains appropriations for:

·          Registry of Advance Directives for   Health  Care.  See AB 158.  $200,000.

·          Statewide 2-1-1 System.  $200,000
            See AB 146.   $250,000.

·          Website to contain information for consumers relating to pharmacies
            and prescription drugs.  See AB 232   $160,000

·          Costs relating to appointment of the Coordinator of Vascular Health.   $223,821

·          Rural transportation for the elderly and persons with disabilities.  $250,000