Senate Bill No. 163–Committee on Human Resources and Facilities

(On Behalf of Legislative Committee on Health Care)

February 10, 1999

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Referred to Committee on Human Resources and Facilities

 

SUMMARY—Provides for licensure of homes for individual residential care in same manner as residential facilities for groups. (BDR 40-485)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to personal care facilities; repealing the provisions providing for the registration of homes for individual residential care; providing that such homes must become licensed residential facilities for groups to continue to operate; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 449.017 is hereby amended to read as follows:

1-2 449.017 1. Except as otherwise provided in subsection 2, "residential

1-3 facility for groups" means an establishment that furnishes food, shelter,

1-4 assistance and limited supervision to:

1-5 (a) Any aged, infirm, mentally retarded or handicapped person; or

1-6 (b) Four or more females during pregnancy or after delivery.

1-7 2. The term does not include:

1-8 (a) An establishment which provides care only during the day;

1-9 (b) [A natural person who provides care for no more than two persons in

1-10 his own home;

1-11 (c)] A natural person who provides care for one or more persons related

1-12 to him within the third degree of consanguinity or affinity; or

1-13 [(d)] (c) A facility funded by the welfare division or the mental hygiene

1-14 and mental retardation division of the department of human resources.

1-15 Sec. 2. NRS 449.0105, 449.249, 449.2493 and 449.2496 are hereby

1-16 repealed.

2-1 Sec. 3. 1. Notwithstanding the provisions of NRS 449.017, as

2-2 amended by this act, and NRS 449.030, a person who is operating a Home

2-3 for Individual Residential Care on July 1, 1999, which is registered with the

2-4 Health Division of the Department of Human Resources pursuant to NRS

2-5 449.249, may continue to operate the Home for Individual Residential Care

2-6 pursuant to the provisions of NRS 449.0105 to 449.2496, inclusive, and the

2-7 regulations adopted pursuant thereto, as those provisions existed on July 1,

2-8 1999, until January 1, 2000, without becoming licensed as a Residential

2-9 Facility for Groups, but must either become licensed as a Residential

2-10 Facility for Groups on or before January 1, 2000, or cease operation on that

2-11 date.

2-12 2. On or before August 1, 1999, the Health Division of the Department

2-13 of Human Resources shall provide a copy of the provisions of subsection 1

2-14 to each Home for Individual Residential Care that is registered pursuant to

2-15 NRS 449.249 on July 1, 1999.

2-16 3. The Health and Aging Services Divisions of the Department of

2-17 Human Resources shall continue to perform the duties prescribed by the

2-18 provisions of NRS 449.0105 to 449.2496, inclusive, and the regulations

2-19 adopted pursuant thereto, as those provisions existed on July 1, 1999, as to

2-20 each Home for Individual Residential Care which continues to operate after

2-21 July 1, 1999, pursuant to subsection 1 until January 1, 2000, or the date on

2-22 which there are no such remaining homes, whichever is earlier.

2-23 Sec. 4. This act becomes effective on July 1, 1999.

2-24 Sec. 5. 1. All administrative regulations adopted by the State Board

2-25 of Health pursuant to the authority in subsection 1 of NRS 449.249 are

2-26 hereby declared to be void on January 1, 2000.

2-27 2. In preparing supplements to the Nevada Administrative Code, on or

2-28 after January 1, 2000, the Legislative Counsel shall remove all provisions

2-29 declared void by subsection 1.

 

2-30 TEXT OF REPEALED SECTIONS

 

2-31 449.0105 "Home for individual residential care" defined. "Home

2-32 for individual residential care" means a home in which a natural person

2-33 furnishes food, shelter, assistance and limited supervision, for

2-34 compensation, to not more than two persons who are aged, infirm, mentally

2-35 retarded or handicapped, unless the persons receiving those services are

2-36 related within the third degree of consanguinity or affinity to the person

2-37 providing those services.

3-1 449.249 Establishment of procedure for registration; registration

3-2 by health division.

3-3 1. The board shall adopt regulations establishing a procedure for the

3-4 registration by the health division of homes for individual residential care.

3-5 2. The health division shall register any home for individual residential

3-6 care that complies with the regulations adopted pursuant to subsection 1.

3-7 449.2493 Authority of health division and aging services division

3-8 of department of human resources. The health division and the aging

3-9 services division of the department of human resources may:

3-10 1. Investigate any complaints against a home for individual residential

3-11 care and, when conducting such an investigation, may inspect the home

3-12 during normal business hours, with or without notice.

3-13 2. Report to an appropriate state or local agency any violations of state

3-14 or local laws or regulations discovered during an investigation conducted

3-15 pursuant to this section.

3-16 449.2496 Registration required for operation; penalty.

3-17 1. A person shall not operate or maintain in this state a home for

3-18 individual residential care unless the home is registered with the health

3-19 division pursuant to NRS 449.249.

3-20 2. A person who commits a second or subsequent violation of

3-21 subsection 1 is guilty of a misdemeanor.

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