Assembly Amendment to Assembly Bill No. 373 (BDR 40-858)
Proposed by: Committee on Health and Human Services
Amendment Box:
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, line 2, by deleting:
"2 and 3" and inserting:
"2 to 5, inclusive,".
Amend sec. 3, page 1, line 8, by deleting "
A" and inserting:"
Except as otherwise provided in subsection 5, a".Amend sec. 3, page 2, by deleting lines 9 through 12 and inserting:
"
of such a business shall not:(a) Refer a person to a residential facility for groups that is not licensed.
(b) Accept or receive a fee for the referral of a person to a residential facility for groups either from or on behalf of the person who is referred to the facility or from the facility to which the person is referred.
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 state board of health for the first offense of $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 state board of health shall deposit all civil penalties collected pursuant to this section into a separate account in the state general fund to be used for the enforcement of this section and the protection of the health, safety, well-being and property of residences of residential facilities for groups.
5. This section does not apply to a medical facility that is licensed pursuant to NRS 449.001 to 449.240, inclusive, this section and sections 2 and 4 of this act, on October 1, 1999.".
Amend the bill as a whole by deleting sec. 4, renumbering sections 5 through 9 as sections 6 through 10 and adding new sections designated sections 4 and 5, following sec. 3, to read as follows:
"Sec. 4.
If the health division suspends or revokes the license of a person who operates a residential facility for groups for conduct or a practice detrimental to the health or safety of the occupants of the facility, the division shall suspend or revoke the license of all residential facilities for groups operated by that person. The person who operates the facility shall move all of the persons who are receiving services in the residential facilities for groups to other licensed residential facilities for groups at his own expense.Sec. 5.
The provisions of NRS 449.249, 449.2493 and 449.2496 apply to homes for individual residential care in a county whose population is less than 100,000.".Amend sec. 5, page 2, lines 33 and 34, by deleting "or
(d)]".
Amend sec. 5, page 2, line 35, by deleting the period and inserting:
"[.] ; or
(d) A home for individual residential care in a county whose population is less than 100,000.".
Amend sec. 6, page 2, line 40, by deleting:
"2 and 3" and inserting:
"2, 3 and 4".
Amend sec. 7, page 4, line 12, by deleting "plans" and inserting "regulations".
Amend sec. 8, page 4, by deleting lines 32 and 33 and inserting:
"license issued by the health division:
(a) Is liable for a civil penalty to be recovered by the attorney general in the name of the health division for the first offense of $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000;".
Amend sec. 8, pages 4 and 5, by deleting lines 40 through 42 on page 4 and lines 1 and 2 on page 5, and inserting:
"unless otherwise required by federal law, the health division shall deposit all civil penalties collected pursuant to this section into a separate account in the state general fund to be used for the protection of the health, safety and well-being of patients including residents of residential facilities for groups.".
Amend the bill as a whole by deleting sections 10 through 19 and renumbering sec. 20 as sec. 11.
Amend sec. 20, page 9, line 3, by deleting:
"
2 or 3" and inserting:"
2, 3 or 4".Amend the bill as a whole by deleting sec. 21 and renumbering sec. 22 as sec. 12.
Amend sec. 22, page 9, line 19, after "1999," by inserting:
"in a county whose population is 100,000 or more,".
Amend sec. 22, page 9, line 31, by deleting "1999." and inserting:
"1999, in a county whose population is 100,000 or more.".
Amend sec. 22, page 9, line 37, after "1999," by inserting:
"in a county whose population is 100,000 or more,".
Amend sec. 22, page 9, line 38, by deleting "remaining," and inserting:
"remaining in such counties,".
Amend the bill as a whole by deleting sec. 23 and renumbering sec. 24 as sec. 13.
Amend sec. 24, page 10, by deleting lines 4 through 8 and inserting:
"Sec. 13. The amendatory provisions of this act do not apply to offenses that were committed before October 1, 1999.".
Amend the bill as a whole by deleting sec. 25 and the text of repealed sections.
Amend the title of the bill to read as follows:
"AN ACT relating to health care; making various changes concerning certain health care facilities; requiring licensure of homes for individual residential care in certain counties; providing civil penalties; and providing other matters properly relating thereto.".