Assembly Bill No. 533–Assemblyman Brower
March 15, 1999
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Referred to Committee on Health and Human Services
SUMMARY—Makes various changes to provisions governing county hospital districts. (BDR 40-1549)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 450 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 6, inclusive, of this act.1-3
Sec. 2. 1. A board of county commissioners may create a hospital1-4
district in an area where no hospital district exists for the sole purpose of1-5
contracting with a public agency or a privately owned hospital to provide1-6
the services of a hospital to the residents of the district. If such a contract1-7
is executed, the board of trustees:1-8
(a) Shall prepare a budget pursuant to NRS 450.650;1-9
(b) Shall levy a tax pursuant to NRS 450.660;1-10
(c) May accept donations pursuant to NRS 450.690;1-11
(d) May determine medical indigency pursuant to NRS 450.700; and1-12
(e) May borrow money and incur or assume indebtedness pursuant to1-13
NRS 450.665.1-14
2. A board of county commissioners shall not create a hospital1-15
district pursuant to this section unless it determines that:2-1
(a) The proposed hospital district constitutes a geographic area of the2-2
county that is not served by adequate medical services;2-3
(b) There is no county hospital or the county hospital is not capable of2-4
providing the necessary services; and2-5
(c) The proposal is approved by a majority of the votes cast on the2-6
issue by persons in the proposed hospital district.2-7
3. If a hospital district is created pursuant to this section, the board2-8
of county commissioners may be designated by ordinance as, ex officio,2-9
the board of trustees of the hospital district, notwithstanding the2-10
provisions of subsection 3 of NRS 450.620.2-11
Sec. 3. The board of trustees may contract with a public agency or a2-12
privately owned hospital to provide the services of a hospital to the2-13
residents of the hospital district if it determines that:2-14
1. There is a need to provide medical services to the residents of the2-15
district which are not being provided by the district; or2-16
2. It is less costly or more efficient to provide the services of a2-17
hospital to the residents of the district by contracting with a public2-18
agency or a privately owned hospital.2-19
Sec. 4. 1. The board of trustees may contract with a company2-20
which manages hospitals for the rendering of management services in a2-21
district hospital.2-22
2. The agreement may provide:2-23
(a) That the chief executive officer of the hospital must be an2-24
employee of the company which manages the hospital; and2-25
(b) That the hospital may, in accordance with the requirements of2-26
section 6 of this act, purchase supplies, materials and equipment through2-27
the purchasing contracts of the company which manages the hospital, or2-28
through a purchasing group, without complying with the requirements2-29
for competitive bidding set forth in chapter 332 of NRS.2-30
Sec. 5. 1. A district hospital may, with the approval of the board of2-31
trustees, become a member of a purchasing group for the purpose of2-32
purchasing supplies, materials and equipment used by the district2-33
hospital.2-34
2. A district hospital that becomes a member of a purchasing group2-35
may, in accordance with the requirements of section 6 of this act,2-36
purchase supplies, materials and equipment through the purchasing2-37
group without complying with the requirements for competitive bidding2-38
set forth in chapter 332 of NRS.2-39
Sec. 6. A district hospital that is authorized pursuant to section 4 or2-40
5 of this act to purchase supplies, materials and equipment in accordance2-41
with this section through the purchasing contracts of the company that2-42
manages the hospital or through a purchasing group may purchase the3-1
supplies, materials and equipment without complying with the3-2
requirements for competitive bidding set forth in chapter 332 of NRS if:3-3
1. The documents pertaining to the proposed purchase, including,3-4
without limitation, the prices available to the company or purchasing3-5
group, are summarized in writing and, together with a sworn statement3-6
by an officer or agent of the company or purchasing group that the3-7
prices were obtained by the company or purchasing group through a3-8
process of competitive bidding, are presented to the board of trustees at3-9
its next regularly scheduled meeting; and3-10
2. The board of trustees, after reviewing the summary and statement,3-11
finds that the proposed purchase will be made at a lower price than the3-12
lowest price reasonably obtainable by the hospital through competitive3-13
bidding pursuant to chapter 332 of NRS or available to the hospital3-14
pursuant to NRS 333.470 and approves the proposed purchase.3-15
Sec. 7. NRS 450.550 is hereby amended to read as follows: 450.550 As used in NRS 450.550 to 450.750, inclusive, and section 23-17
to 6, inclusive, of this act, unless the context otherwise requires:3-18
1. "Board of trustees" means:3-19
(a) A board of hospital trustees:3-20
(1) Elected pursuant to NRS 450.620; or3-21
(2) Appointed pursuant to NRS 450.625; or3-22
(b) A board of county commissioners, if that board enacts an ordinance3-23
which provides that the board of county commissioners is, ex officio, the3-24
board of hospital trustees.3-25
2. "District hospital" means a hospital constructed, maintained and3-26
governed pursuant to NRS 450.550 to 450.750, inclusive.3-27
Sec. 8. NRS 450.620 is hereby amended to read as follows: 450.620 1. Except as otherwise provided in subsection 2 and NRS3-29
450.625, if a hospital district is created pursuant to NRS 450.550 to3-30
450.750, inclusive, the board of county commissioners shall provide by3-31
ordinance for:3-32
(a) The number of members of the board of trustees;3-33
(b) The term of office of the trustees, which must not exceed 4 years;3-34
and3-35
(c) The times and manner of the election of the trustees, which must be3-36
nonpartisan.3-37
2. If a hospital district specified in subsection 1 does not include3-38
territory within more than one county, the board of county commissioners3-39
may enact an ordinance providing that the board of county commissioners3-40
is, ex officio, the board of hospital trustees of the district hospital. If such3-41
an ordinance is enacted in a county:3-42
(a) The county commissioners shall serve as the hospital trustees of the3-43
district hospital during their terms of office as county commissioners; and4-1
(b) If hospital trustees have been elected pursuant to subsection 1, the4-2
term of office of each hospital trustee of the district hospital who is serving4-3
in that capacity on the effective date of the ordinance is terminated as of the4-4
effective date of the ordinance.4-5
3.4-6
county commissioners shall not enact an ordinance pursuant to subsection 24-7
unless it determines that:4-8
(a) The county has fully funded its indigent care account created4-9
pursuant to NRS 428.010;4-10
(b) The county has fulfilled its duty to reimburse the hospital for4-11
indigent care provided to qualified indigent patients; and4-12
(c) During the previous calendar year:4-13
(1) At least one of the hospital’s accounts payable was more than 904-14
days in arrears;4-15
(2) The hospital failed to fulfill its statutory financial obligations,4-16
including the payment of taxes, premiums for industrial insurance or4-17
contributions to the public employees’ retirement system;4-18
(3) One or more of the conditions relating to financial emergencies4-19
set forth in subsection 1 of NRS 354.685 existed at the hospital; or4-20
(4) The hospital received notice from the Federal Government or the4-21
State of Nevada that the certification or license of the hospital was in4-22
imminent jeopardy of being revoked because the hospital had not carried4-23
out a previously established plan of action to correct previously noted4-24
deficiencies found by the regulatory body.~