The Senate Committee on Human Resources and Facilities was called to order by Chairman Raymond D. Rawson, at 2:30 p.m., on Wednesday, April 28, 1999, in Room 2135 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator Raymond D. Rawson, Chairman

Senator Maurice Washington, Vice Chairman

Senator Mark Amodei

Senator Bernice Mathews

Senator Michael Schneider

Senator Valerie Wiener

COMMITTEE MEMBERS ABSENT:

Senator Randolph J. Townsend (Excused)

GUEST LEGISLATORS PRESENT:

Assemblywoman Vivian L. Freeman, Washoe County Assembly District No. 24

STAFF MEMBERS PRESENT:

Cynthia Cook, Committee Secretary

OTHERS PRESENT:

Assemblyman Greg Brower, Carson City and Washoe Counties Assembly District No. 37, explained A.B. 533 was conceived in order to address a situation in Incline Village. A California hospital district owns the Incline Village Health Center, and the facility loses approximately $400,000 annually. Assemblyman Brower claimed A.B. 533 would allow a hospital district to be formed for the purpose of raising funds to contract with an existing facility. Under current statutes, a hospital district could not be formed with the intent to contract with an existing facility. The bill makes it very clear a hospital district could only be formed with a majority vote of the persons in the proposed district.

In answer to a query by Chairman Rawson, Assemblyman Brower said some California residents do use the health center; however, California communities cannot be integrated into the district because they are included in an existing hospital district.

Chairman Rawson referred to A.B. 251, heard by the committee on April 23, 1999.

The bill was previously passed and placed on the consent calendar. Chairman Rawson drew attention to a subsequent request by the hospital district in Tonopah to make some technical correction in the language, since their hospital district differs from the county boundaries. Chairman Rawson asked Assemblyman P. M. "Roy" Neighbors, Esmerelda, Lincoln, Mineral and Nye Counties Assembly District No. 36, if there would be any objection to making the correction through an amendment to A.B. 533. Assemblyman Neighbors said he would review the amendment when it is prepared, and he submitted an additional amendment to A.B. 533 for committee consideration (Exhibit C).

Madelyn Shipman, Lobbyist, Washoe County, stated there is further language in A.B. 533 which requires clarification. Ms. Shipman agreed to work with staff at the request of Chairman Rawson.

Gene Brockman, Concerned Citizen, read a prepared statement in support of A.B. 533 (Exhibit D).

Answering a question from Senator Wiener, Mr. Brockman said if funds were to be raised through property tax to keep the Incline Village Health Center adequately running as it now exists, the estimated increase per parcel is between $25 and $35 annually.

Chairman Rawson closed the hearing on A.B. 533 and opened the hearing on A.B. 249.

Myla C. Florence, Administrator, Welfare Division, Department of Human Resources, read a prepared report in support of A.B. 249 (Exhibit E).

Senator Wiener requested an example of "correctly" paid public assistance overpayments. Betty Leyrer, Chief, Quality Control, Welfare Division, Department of Human Resources, said if a recipient moves and had a change in rent, or a wage increase, and the changes are not reported until their next meeting with a case worker, a "correctly" paid overpayment could result.

Charles Hilsabeck, Deputy Attorney General, Human Resources Division, Office of the Attorney General, told the committee he assists the Welfare Division and he would answer committee questions. There were no questions. Jon L. Sasser, Lobbyist, Nevada Legal Services said the organization fully supports A.B. 249.

Senator Wiener closed the hearing on A.B. 249 and opened the hearing on A.B. 573.

Kathy Apple, R.N., M.S., Executive Director, Administration, Nursing Practice, Discipline and Monitoring, State Board of Nursing, testified the board supports A.B. 573 and has offered an amendment (Exhibit F) which changes language from "state board of nursing" to "health care licensing board," since the nursing board is not the sole entity that fingerprints applicants.

Amy Halley Hill, Lobbyist, Nevada State Board of Nursing, told the committee the Assembly is aware of the amendment. In answer to Senator Wiener, Ms. Hill said some of the health care licensing boards contacted were medical examiners, and pharmacy. Senator Washington asked if the requirements include nursing homes. Ms. Hill replied A.B. 573 is for nursing homes, home health agencies, and group homes.

Assemblywoman Vivian L. Freeman, Washoe County Assembly District No. 24, said A.B. 573 was the result of finding out people who have paid their debt to society were having problems under current legislation.

Marla McDade Williams, Committee Policy Analyst, Research Division, Legislative Counsel Bureau, said this bill combines with A.B. 681 to clarify the identity of an employee.

Ms. Williams continued, A.B. 573 amends existing law to denote that an administrator of a facility is not required to obtain a background check on an employee or independent contractor who provides proof that a check has been conducted in the preceding 6 months, and the bill requires a background check at least once every 5 years. A.B. 573 added crimes against the elderly to the list of crimes that might make a person ineligible. Answering a query by Chairman Rawson, Ms. Williams said the bill changes existing standards by allowing the facility to not terminate the employment or contract of a convicted person if the person holds a license or certificate issued by the State Board of Nursing, and the board was aware of the conviction at the time of licensing or renewal.

Ms. Apple testified the State Board of Nursing does not take a position on strengthening or relaxing existing standards. She said the board has a morality clause in their qualifications for licensure and certification. Chairman Rawson stressed the public needs to be assured that those who are not able to care for themselves are not subjected to persons who have a history of taking advantage. Ms. Apple noted the board would respond to legislation.

Chairman Rawson closed the hearing on A.B. 573, and opened the hearing on Assembly Joint Resolution (A.J.R.) 15.

Assemblywoman Freeman said this important resolution is designed to encourage federal elected officials to strengthen the appeals process for plans covered by the Employee Retirement Income Security Act of 1974 (ERISA).

Chairman Rawson adjourned the meeting at 3:30 p.m.

RESPECTFULLY SUBMITTED:

Cynthia Cook,

Committee Secretary

APPROVED BY:

Senator Raymond D. Rawson, Chairman

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