Amendment No. 1130

Assembly Amendment to Assembly Bill No. 373 First Reprint (BDR 40-858)

Proposed by: Committee on Ways and Means

Amendment Box: Resolves conflicts with S.B. No. 382, A.B. No. 167 and A.B. No. 305. Makes substantive changes.

Resolves Conflicts with: SB382, AB167, AB305

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 3, pages 1 and 2, by deleting line 13 on page 1 and lines 1 and 2 on page 2, and inserting:

"residential facilities for groups;

(b) Standards relating to the fees charged by such businesses;

(c) Regulations governing the licensing of such businesses; and

(d) Regulations establishing requirements for training the employees of such businesses.

3. A licensed nurse, social worker, physician or hospital, or a provider of geriatric care who is licensed as a nurse or social worker, may".

Amend sec. 3, page 2, line 4, after "section." by inserting:

"The board may, by regulation, authorize a public guardian or any other person it determines appropriate to provide referrals to residential facilities for groups through a business that is licensed pursuant to this section.".

Amend sec. 3, page 2, by deleting lines 9 through 11 and inserting:

"(b) Refer a person to a residential facility for groups that is owned by the same person who owns the business.".

Amend sec. 3, page 2, line 14, after "offense of" by inserting:

"not more than".

Amend sec. 3, page 2, line 23, by deleting:

"3 and 5" and inserting:

"2 and 4".

Amend sec. 4, page 2, by deleting lines 25 and 26 and inserting:

"person who operates a residential facility for groups for abuse, neglect or isolation of the occupants of the".

Amend sec. 6, page 2, by deleting lines 38 through 40 and inserting:

"assistance and limited supervision to an aged, infirm, mentally retarded or handicapped person.".

Amend sec. 6, page 3, by deleting lines 5 and 6 and inserting:

"(d)] (c) A facility funded by a division or program of the department of human resources [.] ;".

Amend sec. 7, page 3, line 15, by deleting "freestanding".

Amend sec. 8, page 4, by deleting line 26 and inserting:

"7. The board shall, if it determines necessary, adopt".

Amend sec. 8, page 4, line 28, by deleting "is" and inserting "are".

Amend sec. 9, page 5, line 9, after "offense of" by inserting:

"not more than".

Amend sec. 10, page 5, line 33, after "the" by inserting "adoption of".

Amend sec. 10, page 5, line 34, by deleting "adopted".

Amend sec. 10, page 5, by deleting lines 36 through 40 and inserting:

"3. The state health officer or his designee shall enter and inspect at least annually each building or the premises".

Amend the bill as a whole by adding a new section designated sec. 11.5, following sec. 11, to read as follows:

"Sec. 11.5. Section 1 of Assembly Bill No. 167 of this session is hereby amended to read as follows:

Section NRS 449.017 is hereby amended to read as follows:

449.017 1. Except as otherwise provided in subsection 2, "residential facility for groups" means an establishment that furnishes food, shelter, assistance and limited supervision to [:

(a) Any] an aged, infirm, mentally retarded or handicapped person . [; or

(b) Four or more females during pregnancy or after delivery.]

2. The term does not include:

(a) An establishment which provides care only during the day;

(b) A natural person who provides care for no more than two persons in his own home;

(c) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity; or

(d) A facility funded by [the welfare] a division or [the division of mental health and developmental services] program of the department of human resources.".

Amend sec. 13, page 7, by deleting lines 9 and 10 and inserting:

"Sec. 13. 1. This section and sections 1, 2, 4, 5 and 7 to 12, inclusive, of this act become effective on October 1, 1999.

2. Section 6 of this act becomes effective at 12:01 a.m. on October 1, 1999.

3. Section 3 of this act becomes effective upon passage and approval for the purpose of adopting standards and regulations, and on January 1, 2000, for all other purposes.".