MINUTES OF MEETING

      ASSEMBLY COMMITTEE ON HEALTH AND HUMAN SERVICES

 

      Sixty-seventh Session

      April 6, 1993

 

 

 

The Assembly Committee on Health and Human Services was called to order by Chairman Jan Evans at 1:23 p.m., Tuesday, April 6, 1993, in Room 330 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Meeting Agenda, Exhibit B is the Attendance Roster.

 

 

COMMITTEE MEMBERS PRESENT:

 

      Mrs. Jan Evans, Chairman

      Mrs. Vivian L. Freeman, Vice Chairman

      Ms. Kathy M. Augustine

      Ms. Marcia de Braga

      Mr. James A. Gibbons

      Mr. Dean A. Heller

      Mr. William A. Petrak

      Mrs. Gene W. Segerblom

      Ms. Stephanie Smith

      Mr. Louis A. Toomin

     

 

COMMITTEE MEMBERS ABSENT:

 

      Mr. Wendell P. Williams

 

GUEST LEGISLATORS PRESENT:

 

      None

 

STAFF MEMBERS PRESENT:

 

      Kerry Carroll Davis, Research Analyst

 

OTHERS PRESENT:

 

      Yvonne Sylva, Sharon Ezell, and Dr. Kwalick, State Health Division; Bill Beck and Jerry Zadney, Mental Hygiene/Mental Retardation; Larry Matheis, Nevada State Medical Association; Tim Terry, Attorney General; Mary Liveratti, Aging Services; and Fred Hillerby, Blue Cross/Blue Shield.

 

 

 

Mrs. Evans called attention to a new procedure to be followed with regard to handling floor statements.

 

Yvonne Sylva, State Health Division, was asked to present the findings on Assembly Bill 131.

 

AB 131      Revises provisions relating to reporting information on certain cases of cancer.

 

Ms. Sylva indicated the Health Division held several meetings with interested parties for the purpose of discussing areas of concern.  A consensus was reached that the statewide cancer registry would remain an incidence and prevalence registry, services would be expanded to include out-patient facilities and a fee structure would be established.  Ms. Sylva provided an amendment which reflected proposed new language (EXHIBIT C).

 

There was brief discussion regarding how the fees would be utilized.

 

Mrs. Freeman inquired why the facilities would agree to pay the abstraction fee.  Ms. Sylva indicated the facilities were willing to support a statewide registry.

 

Mr. Toomin voiced his concern regarding accuracy of the information reported.  Ms. Sylva reiterated although information was not received from private physicians it was abstracted from all hospitals in the state.  Additional information would be available through the Rocky Mountain Data System.

 

      ASSEMBLYMAN FREEMEN MOVED AMEND AND DO PASS ON AB 131.

 

      ASSEMBLYMAN PETRAK SECONDED THE MOTION.

 

      THE MOTION CARRIED BY THOSE PRESENT (ASSEMBLYMAN TOOMIN VOTED NO).

 

Mrs. Evans asked for a report from the subcommittee on Assembly Bill 167.

 

AB 167      Enlarges criminal provisions against false claims for health care.

 

Mrs. Freeman, Subcommittee Chair, asked Tim Terry and Larry Matheis to discuss the proposed amendments (EXHIBIT D).

 

Mr. Matheis reviewed the changes which were made.  In response to comments from Ms. Augustine, Mr. Matheis stated the intent to deceive was a higher standard and should be more difficult to prove in a criminal sanction.  Punishment should be proportional to the crime, therefore the issue was whether or not a minimal standard was set.

 

Ms. Smith didn't believe anyone would prosecute for a minimal amount of money, thus the penalties should be substantial.  Mr. Matheis noted those penalties were in addition to other statutory language.

 

Mrs. Freeman inquired if loss of license was in current statute.  Mr. Matheis believed it varied with each of the licensing acts.  However, Mr. Terry explained the conviction of a crime did not necessarily result in the loss of the professional license of a health care provider.  The financial penalties were the true deterrent.

 

Mrs. Freeman asked to defer action on this bill until the proposed changes were in amendment form.

 

Mrs. Evans asked Mr. Petrak for remarks regarding Assembly Bill 193.

 

AB 193      Revises definition of "residential facility for groups" for purposes of licensure and regulation.

 

Mr. Petrak invited Mary Liveratti, Deputy Administrator, Division for Aging Services, to discuss the amendments to the bill (EXHIBIT E).

 

Ms. Liveratti introduced Sharon Ezell, Bureau of Licensure and Certification and Jerry Zadney, Mental Hygiene/Mental Retardation.  A conversation ensued regarding the proposed new language, the fiscal note, and caseload.

 

      ASSEMBLYMAN PETRAK MOVED AMEND, DO PASS AND REREFER ON AB 193.

 

      ASSEMBLYMAN TOOMIN SECONDED THE MOTION.

 

      THE MOTION CARRIED BY THOSE PRESENT.  (MR. WILLIAMS WAS ABSENT AT THE TIME OF THE VOTE.)

 

Mr. Toomin gave a report on Senate Bill 72.

 

SB 72Authorizes certain additional persons to enforce laws pertaining to illegal disposal of garbage.

 

Language was added to the bill for the purpose of defining the term "garbage" (EXHIBIT F).

 

      ASSEMBLYMAN TOOMIN MOVED AMEND AND DO PASS ON SB 72.

 

      ASSEMBLYMAN SEGERBLOM SECONDED THE MOTION.

 

      THE MOTION CARRIED BY THOSE PRESENT.  (MR. WILLIAMS WAS ABSENT AT THE TIME OF THE VOTE.)

 

Mrs. Evans opened the hearing on Senate Bill 63.

 

SB 63Clarifies that transferral of certain medical records may not violate applicable federal law.

 

Bill Beck, Clinic Director for Rural Clinics, testified on behalf of Mental Hygiene/Mental Retardation.  Currently NRS 433.332 violates federal law in cases of clients with substance abuse problems.  This bill would exempt client records covered by federal law thereby allowing the division to comply with both state and federal statutes.

 

In response to a question from Ms. Augustine, Mr. Beck noted in certain instances there was difficulty in getting client records to appropriate medical facilities when the clients were transferred for treatment.  This language would clean up the state statute.

 

      ASSEMBLYMAN FREEMAN MOVED DO PASS ON SB 63.

 

      ASSEMBLYMAN TOOMIN SECONDED THE MOTION.

 

      THE MOTION CARRIED BY THOSE PRESENT.  (MR. WILLIAMS WAS ABSENT AT THE TIME OF THE VOTE.)

 

Mrs. Evans opened the hearing on Senate Bill 64.

 

SB 64Redefines "surgical center for ambulatory patients" for purposes of licensure and regulation.

 

Sharon Ezell, State Health Division, testified in support of SB 64 (EXHIBIT G).

 

Mrs. Segerblom asked for a clarification.  Ms. Ezell indicated currently the law required ambulatory centers have a surgeon and anesthesiologist.  However, in practice the surgeon was administering the anesthesia.

 

Dr. Kwalick, State Health Officer, commented with regard to the last sentence and noted it was agreed by the Senate to delete the language.

 

Mr. Toomin asked if the bill was amended in committee.  Dr. Kwalick said it was an oversight.  Fred Hillerby, Blue Cross/Blue Shield, noted the language was redundant.  It was Senator Rawson's intent to amend the language.

 

      ASSEMBLYMAN SMITH MOVED AMEND AN DO PASS ON SB 64.

 

      ASSEMBLYMAN DE BRAGA SECONDED THE MOTION.

 

      THE MOTION CARRIED BY THOSE PRESENT.  (MR. WILLIAMS WAS ABSENT AT THE TIME OF THE VOTE).

 

There being no further business to come before committee, the meeting was adjourned at 2:27 p.m.

 

      RESPECTFULLY SUBMITTED:

 

 

                             

      CONNIE CAMPBELL

      Committee Secretary

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Assembly Committee on Health and Human Services

April 6, 1993

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