Senate Bill No. 382–Senators Titus and Raggio

March 11, 1999

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Referred to Committee on Human Resources and Facilities

 

SUMMARY—Makes various changes regarding provision of hospice care. (BDR 38-1188)

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 [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 hospice care; revising the benefits for such care required to be provided to persons eligible for Medicaid; authorizing certain nurses who provide such care to make pronouncements of death; expanding the class of facilities eligible to obtain a license to provide such care; 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 422.304 is hereby amended to read as follows:

1-2 422.304 1. The department, through the welfare division, shall pay,

1-3 under the state plan for Medicaid:

1-4 (a) A [freestanding] facility for hospice care licensed pursuant to [NRS

1-5 449.030; or] chapter 449 of NRS for the services for hospice care,

1-6 including room and board, provided by that facility to a person who is

1-7 eligible to receive Medicaid.

1-8 (b) A program for hospice care licensed pursuant to [NRS 449.030,]

1-9 chapter 449 of NRS for the services for hospice care provided by that

1-10 [facility or] program to a person who is eligible to receive Medicaid.

1-11 2. As used in this section:

1-12 (a) ["Freestanding facility] "Facility for hospice care" has the meaning

1-13 ascribed to it in [NRS 449.006.] section 3 of this act.

1-14 (b) "Hospice care" has the meaning ascribed to it in NRS 449.0115.

1-15 Sec. 2. NRS 440.415 is hereby amended to read as follows:

1-16 440.415 1. A physician who anticipates the death of a patient because

1-17 of an illness, infirmity or disease may authorize a specific registered nurse

2-1 or the registered nurses employed by a medical facility or program for

2-2 hospice care to make a pronouncement of death if they attend the death of

2-3 the patient.

2-4 2. Such an authorization is valid for 120 days. Except as otherwise

2-5 provided in subsection 3, the authorization must:

2-6 (a) Be a written order entered on the chart of the patient;

2-7 (b) State the name of the registered nurse or nurses authorized to make

2-8 the pronouncement of death; and

2-9 (c) Be signed and dated by the physician.

2-10 3. If the patient is in a medical facility [,] or under the care of a

2-11 program for hospice care, the physician may authorize the registered

2-12 nurses employed by the facility or program to make pronouncements of

2-13 death without specifying the name of each nurse.

2-14 4. If a pronouncement of death is made by a registered nurse, the

2-15 physician who authorized that action shall sign the medical certificate of

2-16 death within 24 hours after being presented with the certificate.

2-17 5. If a patient in a medical facility is pronounced dead by a registered

2-18 nurse employed by the facility, the registered nurse may release the body of

2-19 the patient to a licensed funeral director pending the completion of the

2-20 medical certificate of death by the attending physician if the physician or

2-21 the medical director or chief of the medical staff of the facility has

2-22 authorized the release in writing.

2-23 6. The board may adopt regulations concerning the authorization of a

2-24 registered nurse to make pronouncements of death.

2-25 7. As used in this section:

2-26 (a) "Medical facility" means:

2-27 (1) A facility for skilled nursing as defined in NRS 449.0039;

2-28 (2) A [freestanding] facility for hospice care as defined in [NRS

2-29 449.006;] section 3 of this act;

2-30 (3) A hospital as defined in NRS 449.012;

2-31 (4) An agency to provide nursing in the home as defined in NRS

2-32 449.0015; or

2-33 (5) A facility for intermediate care as defined in NRS 449.0038.

2-34 (b) "Program for hospice care" means a program for hospice care

2-35 licensed pursuant to chapter 449 of NRS.

2-36 (c) "Pronouncement of death" means a declaration of the time and date

2-37 when the cessation of the cardiovascular and respiratory functions of a

2-38 patient occurs as recorded in the patient’s medical record by the attending

2-39 provider of health care in accordance with the provisions of chapter 440 of

2-40 NRS.

3-1 Sec. 3. Chapter 449 of NRS is hereby amended by adding thereto a

3-2 new section to read as follows:

3-3 "Facility for hospice care" means a facility which is operated to

3-4 provide hospice care.

3-5 Sec. 4. NRS 449.001 is hereby amended to read as follows:

3-6 449.001 As used in this chapter, unless the context otherwise requires,

3-7 the words and terms defined in NRS 449.0015 to 449.019, inclusive, and

3-8 section 3 of this act have the meanings ascribed to them in those sections.

3-9 Sec. 5. NRS 449.0151 is hereby amended to read as follows:

3-10 449.0151 "Medical facility" includes:

3-11 1. A surgical center for ambulatory patients;

3-12 2. An obstetric center;

3-13 3. An independent center for emergency medical care;

3-14 4. An agency to provide nursing in the home;

3-15 5. A facility for intermediate care;

3-16 6. A facility for skilled nursing;

3-17 7. A [freestanding] facility for hospice care;

3-18 8. A hospital;

3-19 9. A psychiatric hospital;

3-20 10. A facility for the treatment of irreversible renal disease;

3-21 11. A rural clinic; and

3-22 12. A nursing pool.

3-23 Sec. 6. NRS 449.030 is hereby amended to read as follows:

3-24 449.030 1. No person, state or local government or agency thereof

3-25 may operate or maintain in this state any medical facility or facility for the

3-26 dependent without first obtaining a license therefor as provided in NRS

3-27 449.001 to 449.240, inclusive.

3-28 2. Unless licensed as a [freestanding] facility for hospice care, a

3-29 person, state or local government or agency thereof shall not operate a

3-30 program of hospice care without first obtaining a license for the program

3-31 from the board.

3-32 Sec. 7. NRS 449.0315 is hereby amended to read as follows:

3-33 449.0315 1. A licensed [freestanding] facility for hospice care may

3-34 provide any of the following levels of care for terminally ill patients:

3-35 (a) Medical care for a patient who is in an acute episode of illness;

3-36 (b) Skilled nursing care;

3-37 (c) Intermediate care; and

3-38 (d) Custodial care.

3-39 2. A licensed [freestanding] facility for hospice care may provide direct

3-40 supportive services to a patient’s family and persons who provide care for

3-41 the patient, including services which provide care for the patient during the

3-42 day and other services which provide a respite from the stresses and

3-43 responsibilities that result from the daily care of the patient.

4-1 Sec. 8. NRS 449.260 is hereby amended to read as follows:

4-2 449.260 As used in NRS 449.250 to 449.430, inclusive:

4-3 1. "Community mental health center" means a facility providing

4-4 services for the prevention or diagnosis of mental illness, or care and

4-5 treatment of mentally ill patients, or rehabilitation of such persons, which

4-6 services are provided principally for persons residing in a particular

4-7 community in or near which the facility is situated.

4-8 2. "Construction" includes the construction of new buildings,

4-9 modernization, expansion, remodeling and alteration of existing buildings,

4-10 and initial equipment of such buildings , [(] including medical

4-11 transportation facilities [), including] , and includes architects’ fees, but

4-12 [excluding] excludes the cost of offsite improvements and, except with

4-13 respect to public health centers, the cost of the acquisition of the land.

4-14 3. "Facility for the mentally retarded" means a facility specially

4-15 designed for the diagnosis, treatment, education, training or custodial care

4-16 of the mentally retarded, including facilities for training specialists and

4-17 sheltered workshops for the mentally retarded, but only if such workshops

4-18 are part of facilities which provide or will provide comprehensive services

4-19 for the mentally retarded.

4-20 4. "Federal Act" means 42 U.S.C. §§ 291 to 291o-l, inclusive, and

4-21 300k to 300t, inclusive, and any other federal law providing for or

4-22 applicable to the provision of assistance for health facilities.

4-23 5. "Federal agency" means the federal department, agency or official

4-24 designated by law, regulation or delegation of authority to administer the

4-25 Federal Act.

4-26 6. "Health facility" includes a public health center, hospital,

4-27 [freestanding] facility for hospice care, facility for the mentally retarded,

4-28 community mental health center, and other facility to provide diagnosis,

4-29 treatment, care, rehabilitation, training or related services to persons with

4-30 physical or mental impairments, including diagnostic or diagnostic and

4-31 treatment centers, rehabilitation facilities and nursing homes, as those terms

4-32 are defined in the Federal Act, and such other facilities for which federal

4-33 aid may be authorized under the Federal Act, but, except for facilities for

4-34 the mentally retarded, does not include any facility furnishing primarily

4-35 domiciliary care.

4-36 7. "Nonprofit health facility" means any health facility owned and

4-37 operated by a corporation or association, no part of the net earnings of

4-38 which inures or may lawfully inure to the benefit of any private shareholder

4-39 or natural person.

4-40 8. "Public health center" means a publicly owned facility for the

4-41 provision of public health services, including related facilities such as

4-42 laboratories, clinics and administrative offices operated in connection with

4-43 public health centers.

5-1 9. "State department" means the department of human resources, acting

5-2 through its appropriate divisions.

5-3 Sec. 9. NRS 449.006 is hereby repealed.

5-4 Sec. 10. 1. This section and sections 2 to 9, inclusive, of this act

5-5 become effective on July 1, 1999.

5-6 2. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1999.

 

5-7 TEXT OF REPEALED SECTION

 

5-8 449.006 "Freestanding facility for hospice care" defined.

"Freestanding facility for hospice care" means a facility which is physically

5-9 separate from any other medical facility and is operated exclusively for the

5-10 provision of hospice care.

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