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).

1-1 Section 1. NRS 449.249 is hereby amended to read as follows:

2-1 Sec. 2. NRS 449.2496 is hereby amended to read as follows:

2-2 449.2496 1. A person [shall not operate or maintain in this state] who

2-3 operates or maintains a home for individual residential care [unless the

2-4 home is registered with] without a license issued by the health division

2-5 pursuant to NRS 449.249 [.

2-6 2. A person who commits a second or subsequent violation of

2-7 subsection 1 is guilty of a misdemeanor.] is liable for a civil penalty, to be

2-8 recovered by the attorney general in the name of the health division, for

2-9 the first offense of $10,000 and for a second or subsequent offense of not

2-10 less than $10,000 nor more than $20,000.

2-11 2. Unless otherwise required by federal law, the health division shall

2-12 deposit civil penalties collected pursuant to this section into a separate

2-13 account in the state general fund in the state treasury to be used for the

2-14 protection of the health, safety, well-being and property of patients,

2-15 including residents of facilities found deficient by the health division.

2-16 3. A person against whom a civil penalty is assessed by the court

2-17 pursuant to subsection 1:

2-18 (a) Shall move, at his own expense, all persons receiving services in

2-19 the home for individual residential care to a licensed home for individual

2-20 residential care.

2-21 (b) May not apply for a license to operate a home for individual

2-22 residential care until 6 months have elapsed since the penalty was

2-23 assessed.

2-24 Sec. 3. NRS 449.700 is hereby amended to read as follows:

2-25 449.700 1. Every medical facility , [and] facility for the dependent

2-34 the explanation.

2-35 Sec. 4. NRS 449.705 is hereby amended to read as follows:

2-36 449.705 1. If a patient in a medical facility or facility for the

2-40 before the date the patient is transferred, to the other medical facility or

3-1 facility for the dependent, the division facility or the physician. The facility

3-2 is not required to obtain the oral or written consent of the patient to forward

3-3 a copy of the medical records.

3-4 2. If a person receiving services in a home for individual residential

3-5 care is transferred to another home, the home shall forward a copy of his

3-6 medical records to the other home in the manner provided in subsection

3-7 1.

3-8 3. As used in this section:

3-9 (a) "Division facility" means any unit or subunit operated by a division

3-10 of the department of human resources pursuant to Title 39 of NRS.

3-11 (b) "Medical records" includes a medical history of the patient, a

3-12 summary of the current physical condition of the patient and a discharge

3-13 summary which contains the information necessary for the proper treatment

3-14 of the patient.

3-15 Sec. 5. NRS 449.710 is hereby amended to read as follows:

3-16 449.710 Every patient of a medical facility , [or] facility for the

3-39 (a) A description of the significant medical risks involved;

4-1 (b) Any information on alternatives to the treatment or procedure if he

4-2 requests that information;

4-3 (c) The name of the person responsible for the procedure or treatment;

4-4 and

4-5 (d) The costs likely to be incurred for the treatment or procedure and

4-6 any alternative treatment or procedure.

4-7 7. Examine the bill for his care and receive an explanation of the bill,

4-8 whether or not he is personally responsible for payment of the bill.

4-9 8. Know the [facility’s] regulations of the facility or home concerning

4-10 his conduct at the facility [.] or home.

4-11 Sec. 6. NRS 449.720 is hereby amended to read as follows:

4-12 449.720 Every patient of a medical facility , [or] facility for the

4-33 his need for continuing care.

4-34 Sec. 7. NRS 449.730 is hereby amended to read as follows:

4-35 449.730 Every medical facility , [and] facility for the dependent and

4-38 patient’s rights as listed in NRS 449.700, 449.710 and 449.720.

5-1 Sec. 8. 1. Notwithstanding the provisions of NRS 449.249, as

5-2 amended by this act, and NRS 449.030, a person who is operating a Home

5-3 for Individual Residential Care on July 1, 1999, which is registered with the

5-4 Health Division of the Department of Human Resources pursuant to NRS

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

5-6 pursuant to the provisions of NRS 449.0105 to 449.2496, inclusive, and the

5-7 regulations adopted pursuant thereto, as those provisions existed on July 1,

5-8 1999, until January 1, 2000, without becoming licensed as a Home for

5-9 Individual Residential Care, but must either become so licensed on or

5-10 before January 1, 2000, or cease operation on that date.

5-11 2. On or before August 1, 1999, the Health Division of the Department

5-12 of Human Resources shall provide a copy of the provisions of subsection 1

5-13 to each Home for Individual Residential Care that is registered pursuant to

5-14 NRS 449.249 on July 1, 1999.

5-15 3. The Health and Aging Services Divisions of the Department of

5-16 Human Resources shall continue to perform the duties prescribed by the

5-17 provisions of NRS 449.0105 to 449.2496, inclusive, and the regulations

5-18 adopted pursuant thereto, as those provisions existed on July 1, 1999, as to

5-19 each Home for Individual Residential Care which continues to operate after

5-20 July 1, 1999, pursuant to subsection 1 until January 1, 2000, or the date on

5-21 which there are no such remaining homes, whichever is earlier.

5-22 Sec. 9. This act becomes effective on July 1, 1999.