Senate Bill No. 4–Committee on Human Resources and Facilities

Prefiled December 18, 1998

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Referred to Committee on Government Affairs

 

SUMMARY—Creates division of minority health within department of human resources. (BDR 18-494)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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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 health care; creating the division of minority health within the department of human resources; creating an advisory committee to the division of minority health; 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. Chapter 232 of NRS is hereby amended by adding thereto the

1-2 provisions set forth as sections 2 to 17, inclusive, of this act.

1-3 Sec. 2. As used in sections 2 to 17, inclusive, of this act, unless the

1-4 context otherwise requires, the words and terms defined in sections 3 to 6,

1-5 inclusive, of this act have the meanings ascribed to them in those sections.

1-6 Sec. 3. "Administrator" means the administrator of the division.

1-7 Sec. 4. "Division" means the division of minority health of the

1-8 department.

1-9 Sec. 5. "Health care" includes mental health care.

1-10 Sec. 6. "Minority group" means a racial or ethnic minority group.

1-11 Sec. 7. The purposes of the division are to:

1-12 1. Improve the quality of health care services for members of minority

1-13 groups;

1-14 2. Increase access to health care services for members of minority

1-15 groups; and

1-16 3. Disseminate information to and educate the public on matters

1-17 concerning health care issues of interest to members of minority groups.

2-1 Sec. 8. 1. In accomplishing its purposes, the division shall:

2-2 (a) Provide a central source of information for the use of the public

2-3 concerning health care services for members of minority groups and health

2-4 care issues of interest to those members;

2-5 (b) Identify and use any available resources;

2-6 (c) Develop and coordinate plans and programs to improve the quality of

2-7 health care services for members of minority groups and to increase access

2-8 to health care services for those members, including, without limitation,

2-9 plans and programs that primarily serve local communities;

2-10 (d) Advocate on behalf of members of minority groups for the

2-11 improvement of the quality of health care services for those members and

2-12 for increased access to health care services for those members;

2-13 (e) Hold conferences and provide training concerning cultural diversity

2-14 in the workplace for public and private entities that offer services in the

2-15 field of health care, including, without limitation, providing

2-16 recommendations and opportunities for training for such public and private

2-17 entities to improve recruitment of members of minority groups;

2-18 (f) Whenever possible, incorporate the use of bilingual communication

2-19 in its programs and activities;

2-20 (g) Publicize health care issues of interest to members of minority

2-21 groups; and

2-22 (h) Develop such other programs and carry out such other activities as

2-23 appropriate.

2-24 2. In carrying out the duties set forth in subsection 1, the division may

2-25 cooperate with and seek assistance from a public or private entity.

2-26 Sec. 9. The division may:

2-27 1. Apply for any available grants and accept any gifts, grants,

2-28 appropriations or donations, and use any such gifts, grants, appropriations

2-29 or donations to carry out its purposes;

2-30 2. Contract with a public or private entity to assist in carrying out its

2-31 purposes; and

2-32 3. Adopt such regulations as are necessary to carry out the provisions of

2-33 sections 2 to 17, inclusive, of this act.

2-34 Sec. 10. The administrator must be appointed on the basis of his

2-35 education, training, experience, demonstrated abilities and interest in the

2-36 provision of health care services to members of minority groups and related

2-37 programs.

2-38 Sec. 11. The administrator shall:

2-39 1. Ensure that the purposes of the division are carried out;

2-40 2. Direct and supervise all the technical and administrative activities of

2-41 the division;

2-42 3. Report to the governor all matters concerning the administration of

2-43 the division;

3-1 4. Attend the meetings of the advisory committee created pursuant to

3-2 section 15 of this act, serve as secretary at those meetings and keep minutes

3-3 of the proceedings;

3-4 5. Request and consider the advice of the advisory committee

3-5 concerning matters of policy;

3-6 6. Serve as contracting officer to receive money from the Federal

3-7 Government or any other source; and

3-8 7. Act as liaison between the division, members of minority groups, and

3-9 public and private entities offering health care services primarily to those

3-10 members or offering health care information of interest to those members.

3-11 Sec. 12. On or before March 1 of each odd-numbered year, the

3-12 administrator shall submit a report to the governor and the director of the

3-13 legislative counsel bureau for transmittal to the legislature. The report must

3-14 outline the manner in which the division has accomplished its purposes

3-15 during the biennium, including, without limitation, information concerning

3-16 the activities, findings and recommendations of the division as they relate to

3-17 health care services for members of minority groups and to health care

3-18 issues of interest to those members.

3-19 Sec. 13. The administrator may:

3-20 1. Within the limits of legislative appropriations, appoint such

3-21 professional, technical, clerical and operational staff as necessary to carry

3-22 out his duties;

3-23 2. Perform any lawful act that he considers necessary or desirable to

3-24 carry out the purposes of his office; and

3-25 3. Delegate the performance of any of the powers or duties required

3-26 pursuant to sections 2 to 17, inclusive, of this act to any person within the

3-27 division.

3-28 Sec. 14. 1. The administrator may, within the limits of legislative

3-29 appropriations and other available money, award a grant of money to a

3-30 person for use consistent with the provisions of sections 2 to 17, inclusive, of

3-31 this act.

3-32 2. Before the administrator may award a grant of money pursuant to

3-33 subsection 1, he shall adopt regulations that set forth the:

3-34 (a) Procedure by which a person may apply for a grant of money from

3-35 the administrator;

3-36 (b) Criteria that the administrator will consider in determining whether

3-37 to award a grant of money; and

3-38 (c) Procedure by which the administrator will distribute the money that

3-39 the division receives pursuant to subsection 1 of section 9 of this act.

3-40 Sec. 15. 1. There is hereby created in the division an advisory

3-41 committee consisting of:

3-42 (a) At least 13 members appointed by the governor;

3-43 (b) One member of the senate appointed by the majority leader of the

3-44 senate; and

4-1 (c) One member of the assembly appointed by the speaker of the

4-2 assembly.

4-3 2. When appointing a member to the advisory committee, consideration

4-4 must be given to whether the members appointed to the advisory committee

4-5 reflect the ethnic and geographical diversity of this state.

4-6 3. Each member of the advisory committee serves a term of 2 years. A

4-7 member may be reappointed for an additional term of 2 years in the same

4-8 manner as the original appointment. A vacancy occurring in the

4-9 membership of the advisory committee must be filled in the same manner as

4-10 the original appointment.

4-11 4. At its first meeting, and annually thereafter, the advisory committee

4-12 shall elect a chairman from among its members.

4-13 Sec. 16. 1. Each member of the advisory committee who is not an

4-14 employee of the State of Nevada is entitled to receive a salary of not more

4-15 than $80 per day, as fixed by the administrator in consultation with the

4-16 advisory committee, for each day spent on the business of the advisory

4-17 committee. Each member of the advisory committee who is an employee of

4-18 the State of Nevada serves without additional compensation. Each member

4-19 of the advisory committee is entitled to receive the per diem allowance and

4-20 travel expenses provided for state officers and employees generally. A claim

4-21 for a payment pursuant to this section must be made on a voucher approved

4-22 by the administrator and paid as other claims against the State of Nevada

4-23 are paid.

4-24 2. Each member of the advisory committee who is an employee of the

4-25 State of Nevada or a local government must be relieved from his duties

4-26 without loss of his regular compensation so that he may prepare for and

4-27 attend meetings of the advisory committee and perform any work necessary

4-28 to carry out the duties of the advisory committee in the most timely manner

4-29 practicable. A state agency or local governmental entity shall not require an

4-30 employee who is a member of the advisory committee to make up the time

4-31 that he is absent from work or to take annual vacation or compensatory

4-32 time for the time that he is absent from work to carry out his duties as a

4-33 member of the advisory committee.

4-34 Sec. 17. The advisory committee shall:

4-35 1. Advise the administrator and division on matters concerning the

4-36 manner in which the purposes of the division are being carried out;

4-37 2. Review the manner in which the division uses any gifts, grants,

4-38 donations and appropriations to carry out the purposes of the division and

4-39 make appropriate recommendations; and

4-40 3. Review the reports to be submitted by the administrator to the

4-41 governor or the Federal Government and the report required pursuant to

4-42 section 12 of this act, and make appropriate recommendations.

5-1 Sec. 18. NRS 232.290 is hereby amended to read as follows:

5-2 232.290 As used in NRS 232.290 to 232.465, inclusive, and sections 2 to

5-3 17, inclusive, of this act, unless the context requires otherwise:

5-4 1. "Department" means the department of human resources.

5-5 2. "Director" means the director of the department.

5-6 Sec. 19. NRS 232.300 is hereby amended to read as follows:

5-7 232.300 1. The department of human resources is hereby created.

5-8 2. The department consists of a director and the following divisions:

5-9 (a) Aging services division.

5-10 (b) Health division.

5-11 (c) Mental hygiene and mental retardation division.

5-12 (d) Welfare division.

5-13 (e) Division of child and family services.

5-14 (f) Division of minority health.

5-15 3. The department is the sole agency responsible for administering the

5-16 provisions of law relating to its respective divisions.

5-17 Sec. 20. NRS 232.320 is hereby amended to read as follows:

5-18 232.320 1. Except as otherwise provided in subsection 2, the director:

5-19 (a) Shall appoint, with the consent of the governor, chiefs of the divisions

5-20 of the department, who are respectively designated as follows:

5-21 (1) The administrator of the aging services division;

5-22 (2) The administrator of the health division;

5-23 (3) The state welfare administrator; and

5-24 (4) The administrator of the division of child and family services.

5-25 (b) Shall administer, through the divisions of the department, the

5-26 provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive, 446,

5-27 447, 449 and 450 of NRS, NRS 127.220 to 127.310, inclusive, 422.070 to

5-28 422.410, inclusive, 432.010 to 432.139, inclusive, 444.003 to 444.430,

5-29 inclusive, and 445A.010 to 445A.050, inclusive, and all other provisions of

5-30 law relating to the functions of the divisions of the department, but is not

5-31 responsible for the clinical activities of the health division or the professional

5-32 line activities of the other divisions.

5-33 (c) Shall, after considering advice from agencies of local governments and

5-34 nonprofit organizations which provide social services, adopt a master plan for

5-35 the provision of human services in this state. The director shall revise the plan

5-36 biennially and deliver a copy of the plan to the governor and the legislature at

5-37 the beginning of each regular session. The plan must:

5-38 (1) Identify and assess the plans and programs of the department for the

5-39 provision of human services, and any duplication of those services by federal,

5-40 state and local agencies;

5-41 (2) Set forth priorities for the provision of those services;

5-42 (3) Provide for communication and the coordination of those services

5-43 among nonprofit organizations, agencies of local government, the state and the

5-44 Federal Government;

6-1 (4) Identify the sources of funding for services provided by the

6-2 department and the allocation of that funding;

6-3 (5) Set forth sufficient information to assist the department in providing

6-4 those services and in the planning and budgeting for the future provision of

6-5 those services; and

6-6 (6) Contain any other information necessary for the department to

6-7 communicate effectively with the Federal Government concerning

6-8 demographic trends, formulas for the distribution of federal money and any

6-9 need for the modification of programs administered by the department.

6-10 (d) May, by regulation, require nonprofit organizations and state and local

6-11 governmental agencies to provide information to him regarding the programs

6-12 of those organizations and agencies, excluding detailed information relating to

6-13 their budgets and payrolls, which he deems necessary for his performance of

6-14 the duties imposed upon him pursuant to this section.

6-15 (e) Has such other powers and duties as are provided by law.

6-16 2. The governor shall appoint the chiefs of the following divisions who

6-17 serve at the pleasure of the governor and who are respectively designated as

6-18 follows:

6-19 (a) The administrator of the mental hygiene and mental retardation division

6-20 [.] ; and

6-21 (b) The administrator of the division of minority health.

6-22 Sec. 21. This act becomes effective on July 1, 1999.

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