2001 REGULAR SESSION (71st)                                                                             A SB328 228

Amendment No. 228

 

Senate Amendment to Senate Bill No. 328                                                                         (BDR 40‑408)

Proposed by: Committee on Human Resources and Facilities

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

Adoption of this amendment will ADD a 2/3s majority vote requirement for final passage of SB328 (§ 1).

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, pages 1 and 2, by deleting lines 3 through 15 on page 1 and lines 1 through 48 on page 2, and inserting:

     “1.  The board of county commissioners of a county whose population is 50,000 or more but less than 100,000 shall adopt an ordinance which, except as otherwise provided in this section:

     (a) Prohibits any person from undertaking any proposed expenditure for new construction in the county by or on behalf of a health facility in excess of $2,000,000, which under generally accepted accounting principles consistently applied is a capital expenditure, without first applying for and obtaining the written approval of the board. The health division of the department shall not issue a new license or alter an existing license for such a project in the county unless the board has issued that approval.

     (b) Establishes fees to be collected from persons who submit such applications to the board. The amounts of the fees must be based upon the costs of examining and acting upon the applications.

     2.  No ordinance adopted pursuant to the provisions of subsection 1 may apply:

     (a) To any capital expenditure for:

          (1) The acquisition of land;

          (2) The construction of a facility for parking;

          (3) The maintenance of a health facility;

          (4) The renovation of a health facility to comply with standards for safety, licensure, certification or accreditation;

          (5) The installation of a system to conserve energy;

          (6) The installation of a system for data processing or communication; or

          (7) Any other project which, in the opinion of the board, does not relate directly to the provision of any health service; or

     (b) To any project for the development of a health facility that has received legislative approval and authorization.

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Upon determining that a project satisfies the requirements for an exemption pursuant to this subsection, the board shall issue a certificate which states that the project is exempt from the requirements of an ordinance adopted pursuant to this section.

     3.  In reviewing an application for approval, the board shall:

     (a) Comparatively assess applications for similar projects affecting the same geographic area;

     (b) Cause the preparation of and consider a written assessment of the effect of the project on the community and the existing system for the delivery of health services in the area to be served by the project, including, without limitation, the effect of the project on the financial resources of and the availability of health care personnel to any hospitals and other providers of health services in that area;

     (c) Review and consider any assessments provided by local hospitals regarding the effect of the project on:

          (1) The quality of health services; and

          (2) The financial resources of and the availability of health care personnel to the existing system for the delivery of health services,

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in the area to be served by the project; and

     (d) Base its decision on criteria which the board shall establish by ordinance. The criteria must be at least as comprehensive and stringent as the regulations adopted by the department to carry out the provisions of NRS 439A.100 and include:

          (1) The need for and the appropriateness of the project in the area to be served;

          (2) The financial feasibility of the project;

          (3) The effect of the project on the cost of health care;

          (4) The extent to which the applicant is committed to serving medically indigent and uninsured patients in the area to be served; and

          (5) The extent to which the project is consistent with the purposes set forth in NRS 439A.020 and the priorities set forth in NRS 439A.081.

     4.  The board may by ordinance require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the location of the project or a substantial increase in the cost of the project.

     5.  The decision of the board is a final decision for the purposes of judicial review.”.

     Amend sec. 3, page 3, line 34, by deleting “100,000,” and inserting “[100,000,] 50,000,”.

     Amend sec. 3, page 3, by deleting lines 43 through 47 and inserting:

     “2.  The provisions of subsection 1 do not apply to:”.

     Amend sec. 3, page 3, line 48, by deleting “[(a)] (1)” and inserting “(a)”.

     Amend sec. 3, page 3, line 49, by deleting “[(1)] (I)” and inserting “(1)”.

     Amend sec. 3, page 4, line 1, by deleting “[(2)] (II)” and inserting “(2)”.

     Amend sec. 3, page 4, line 2, by deleting “[(3)] (III)” and inserting “(3)”.

     Amend sec. 3, page 4, line 3, by deleting “[(4)] (IV)” and inserting “(4)”.

     Amend sec. 3, page 4, line 5, by deleting “[(5)] (V)” and inserting “(5)”.

     Amend sec. 3, page 4, line 6, by deleting “[(6)] (VI)” and inserting “(6)”.

     Amend sec. 3, page 4, line 8, by deleting “[(7)] (VII)” and inserting “(7)”.

     Amend sec. 3, page 4, line 10, by deleting “[(b)] (2)” and inserting “(b)”.

     Amend sec. 3, page 4, by deleting lines 29 through 32 and inserting:

“substantial increase in the cost of the project.”.

     Amend the bill as a whole by deleting sec. 11 and adding new sections designated sections 11 through 13, following sec. 10, to read as follows:

     “Sec. 11. The board of county commissioners of a county whose population is 50,000 or more but less than 100,000 shall submit a report of its actions taken pursuant to section 1 of this act:

     1.  Each calendar quarter to the legislative committee on health care; and

     2.  On or before:

     (a) January 1, 2003, to the director of the legislative counsel bureau for transmittal to the 72nd session of the legislature; and

     (b) January 1, 2005, to the director of the legislative counsel bureau for transmittal to the 73rd session of the legislature.

     Sec. 12. The board of county commissioners of a county whose population is 50,000 or more but less than 100,000 shall cause any ordinance it adopts pursuant to section 1 of this act to expire by limitation on June 30, 2005.

     Sec. 13. 1.  This act becomes effective:

     (a) Upon passage and approval for the purposes of adopting any ordinances and regulations and conducting any preliminary activities necessary to carry out the provisions of this act in a timely manner; and

     (b) On July 1, 2001, for all other purposes.

     2.  Sections 1 to 11, inclusive, of this act expire by limitation on June 30, 2005.”.

     Amend the title of the bill, third line, by deleting “authorizing” and inserting “requiring”.