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
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: 422.304 1. The department, through the welfare division, shall pay,1-3
under the state plan for Medicaid:1-4
(a) A1-5
1-6
including room and board, provided by that facility to a person who is1-7
eligible to receive Medicaid.1-8
(b) A program for hospice care licensed pursuant to1-9
chapter 449 of NRS for the services for hospice care provided by that1-10
1-11
2. As used in this section:1-12
(a)1-13
ascribed to it in1-14
(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: 440.415 1. A physician who anticipates the death of a patient because1-17
of an illness, infirmity or disease may authorize a specific registered nurse2-1
or the registered nurses employed by a medical facility or program for2-2
hospice care to make a pronouncement of death if they attend the death of2-3
the patient.2-4
2. Such an authorization is valid for 120 days. Except as otherwise2-5
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 make2-8
the pronouncement of death; and2-9
(c) Be signed and dated by the physician.2-10
3. If the patient is in a medical facility2-11
program for hospice care, the physician may authorize the registered2-12
nurses employed by the facility or program to make pronouncements of2-13
death without specifying the name of each nurse.2-14
4. If a pronouncement of death is made by a registered nurse, the2-15
physician who authorized that action shall sign the medical certificate of2-16
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 registered2-18
nurse employed by the facility, the registered nurse may release the body of2-19
the patient to a licensed funeral director pending the completion of the2-20
medical certificate of death by the attending physician if the physician or2-21
the medical director or chief of the medical staff of the facility has2-22
authorized the release in writing.2-23
6. The board may adopt regulations concerning the authorization of a2-24
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) A2-29
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 NRS2-32
449.0015; or2-33
(5) A facility for intermediate care as defined in NRS 449.0038.2-34
(b) "Program for hospice care" means a program for hospice care2-35
licensed pursuant to chapter 449 of NRS.2-36
(c) "Pronouncement of death" means a declaration of the time and date2-37
when the cessation of the cardiovascular and respiratory functions of a2-38
patient occurs as recorded in the patient’s medical record by the attending2-39
provider of health care in accordance with the provisions of chapter 440 of2-40
NRS.3-1
Sec. 3. Chapter 449 of NRS is hereby amended by adding thereto a3-2
new section to read as follows:3-3
"Facility for hospice care" means a facility which is operated to3-4
provide hospice care.3-5
Sec. 4. NRS 449.001 is hereby amended to read as follows: 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, and3-8
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: 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. A3-18
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; and3-22
12. A nursing pool.3-23
Sec. 6. NRS 449.030 is hereby amended to read as follows: 449.030 1. No person, state or local government or agency thereof3-25
may operate or maintain in this state any medical facility or facility for the3-26
dependent without first obtaining a license therefor as provided in NRS3-27
449.001 to 449.240, inclusive.3-28
2. Unless licensed as a3-29
person, state or local government or agency thereof shall not operate a3-30
program of hospice care without first obtaining a license for the program3-31
from the board.3-32
Sec. 7. NRS 449.0315 is hereby amended to read as follows: 449.0315 1. A licensed3-34
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; and3-38
(d) Custodial care.3-39
2. A licensed3-40
supportive services to a patient’s family and persons who provide care for3-41
the patient, including services which provide care for the patient during the3-42
day and other services which provide a respite from the stresses and3-43
responsibilities that result from the daily care of the patient.4-1
Sec. 8. NRS 449.260 is hereby amended to read as follows: 449.260 As used in NRS 449.250 to 449.430, inclusive:4-3
1. "Community mental health center" means a facility providing4-4
services for the prevention or diagnosis of mental illness, or care and4-5
treatment of mentally ill patients, or rehabilitation of such persons, which4-6
services are provided principally for persons residing in a particular4-7
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 ,4-11
transportation facilities4-12
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 specially4-15
designed for the diagnosis, treatment, education, training or custodial care4-16
of the mentally retarded, including facilities for training specialists and4-17
sheltered workshops for the mentally retarded, but only if such workshops4-18
are part of facilities which provide or will provide comprehensive services4-19
for the mentally retarded.4-20
4. "Federal Act" means 42 U.S.C. §§ 291 to 291o-l, inclusive, and4-21
300k to 300t, inclusive, and any other federal law providing for or4-22
applicable to the provision of assistance for health facilities.4-23
5. "Federal agency" means the federal department, agency or official4-24
designated by law, regulation or delegation of authority to administer the4-25
Federal Act.4-26
6. "Health facility" includes a public health center, hospital,4-27
4-28
community mental health center, and other facility to provide diagnosis,4-29
treatment, care, rehabilitation, training or related services to persons with4-30
physical or mental impairments, including diagnostic or diagnostic and4-31
treatment centers, rehabilitation facilities and nursing homes, as those terms4-32
are defined in the Federal Act, and such other facilities for which federal4-33
aid may be authorized under the Federal Act, but, except for facilities for4-34
the mentally retarded, does not include any facility furnishing primarily4-35
domiciliary care.4-36
7. "Nonprofit health facility" means any health facility owned and4-37
operated by a corporation or association, no part of the net earnings of4-38
which inures or may lawfully inure to the benefit of any private shareholder4-39
or natural person.4-40
8. "Public health center" means a publicly owned facility for the4-41
provision of public health services, including related facilities such as4-42
laboratories, clinics and administrative offices operated in connection with4-43
public health centers.5-1
9. "State department" means the department of human resources, acting5-2
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 act5-5
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.
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TEXT OF REPEALED SECTION449.006 "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 the5-10
provision of hospice care.~