Senate Bill No. 290–Committee on Human
Resources and Facilities

 

(On Behalf of Clark County)

 

March 7, 2001

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Creates public corporation to establish and operate program of services for medically indigent population of Clark County. (BDR S‑182)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to public health; creating a public corporation to establish and operate a program of services for the medically indigent population of Clark County; 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. The Legislature hereby finds and declares that the

1-2  combination of public needs and available resources for the provision of

1-3  medical care to patients uninsured or receiving public assistance in Clark

1-4  County, the state’s largest metropolitan area, and the lack of functioning

1-5  precedents for a unified system for this purpose, are unique to that county

1-6  and that a general law cannot be made applicable to the unified provision

1-7  of that care. Clark County is therefore hereby authorized to discharge its

1-8  obligation as a county, under general law, to serve the needs of its

1-9  medically indigent population by seeking waivers under the federal

1-10  program of Medicaid to establish a suitable special program for that

1-11  purpose.

1-12    Sec. 2.  As used in sections 2 to 9, inclusive, of this act, unless the

1-13  context otherwise requires:

1-14    1.  “Board” means the Board of Directors of the System.

1-15    2.  “Program” means a program of services for the medically indigent

1-16  population of Clark County.

1-17    3.  “System” means the County Health System.

1-18    Sec. 3.  1.  The County Health System is hereby created as a

1-19  nonprofit public corporation to serve the municipal and charitable purposes

2-1  of establishing and operating a program. The System shall be deemed to be

2-2  a local government for the purpose of eligibility for any federal benefit

2-3  related to the purposes of the System.

2-4    2.  The Board of County Commissioners of Clark County, as hospital

2-5  trustees ex officio, shall appoint the Board of Directors of the corporation,

2-6  consisting of seven members nominated by the Board of County

2-7  Commissioners and two members nominated by the Governor. Vacancies

2-8  on the Board of Directors must be filled in the same manner as the initial

2-9  appointments.

2-10    Sec. 4.  1.  The nominees to serve as Directors must reside or be

2-11  employed in Clark County and be broadly representative of the cities and

2-12  towns of the county and experienced in business or community affairs. A

2-13  Director may not be an elected officer or an employee of the county, a

2-14  provider of health care or an employee of a provider of health care.

2-15    2.  Members of the Board shall serve for terms of 2 years.

2-16    Sec. 5.  1.  The Board shall:

2-17    (a) Adopt rules for its proceedings; and

2-18    (b) Hold at least six regular meetings each year.

2-19    2.  A member of the Board shall not participate in any official act of the

2-20  Board concerning which he has a conflict of interest.

2-21    3.  A majority of the members of the Board constitutes a quorum, but

2-22  the approval of an official act of the Board requires four affirmative votes

2-23  unless the number of members prohibited by conflict of interest from

2-24  voting reduces the number of members eligible to vote to fewer than four,

2-25  in which case approval of the official act requires affirmative votes of all

2-26  members eligible to vote on the matter.

2-27    4.  Each member of the Board is entitled to receive from the System

2-28  $80 for each meeting of the Board he attends, and the Board may provide

2-29  the same remuneration for attendance at meetings of committees of the

2-30  Board, but the total for all meetings attended in a calendar month may not

2-31  exceed $320. In addition, a member is entitled to reimbursement for actual

2-32  and necessary expenses for attending meetings, at the rate payable to

2-33  county officers and employees generally.

2-34    Sec. 6.  1.  The Board shall remove a member from office if a

2-35  majority of the other members find that he:

2-36    (a) Neither lives nor is employed in Clark County;

2-37    (b) Has been convicted of a felony;

2-38    (c) Has failed to attend three consecutive meetings of the Board or a

2-39  majority of the meetings of the Board held in the most recent calendar year,

2-40  unless good cause is shown, as determined by the Board; or

2-41    (d) Has failed to perform his duties as a member of the Board.

2-42    2.  The Board shall remove a member from office at the written request

2-43  of the Governor or the Board of County Commissioners of Clark County,

2-44  whichever nominated the member, if the request sets forth the manner in

2-45  which he no longer meets the criteria for his nomination.

2-46    Sec. 7.  1.  Except as otherwise provided in this section, the System

2-47  may apply through the Department of Human Resources for all waivers

2-48  from federal regulation and all approvals from the Federal Government that

2-49  are necessary to establish and operate a program, including a

3-1  demonstration project pursuant to 42 U.S.C. § 1315. The demonstration

3-2  project may not be used to curtail any existing rights of persons receiving

3-3  Medicaid at the time of the application.

3-4    2.  An application for a waiver or approval may include providing

3-5  services pursuant to Medicaid through the program of the System to

3-6  persons who otherwise would not receive medical assistance pursuant to

3-7  Medicaid.

3-8    3.  The System shall not apply for a waiver of the provisions

3-9  concerning payment to federally qualified health centers or noninstitutional

3-10  providers of health care pursuant to 42 U.S.C. § 1396a(a)(10), (13), (30) or

3-11  (37). As used in this subsection, “federally qualified health center” has the

3-12  meaning ascribed to it in paragraph (a) of subsection 4 of NRS 422.273.

3-13    Sec. 8.  The Board shall report to the 72nd session of the Nevada

3-14  Legislature, immediately upon the convening of that session, concerning its

3-15  progress in obtaining waivers pursuant to section 7 of this act and any

3-16  related recommendations for legislation.

3-17    Sec. 9.  Notwithstanding the provisions of subsection 2 of section 4 of

3-18  this act, the terms of the initial members of the Board expire on June 30,

3-19  2003.

3-20    Sec. 10.  1.  This act becomes effective upon passage and approval

3-21  for the purpose of appointing members of the Board of Directors pursuant

3-22  to section 3 of this act and on July 1, 2001, for all other purposes.

3-23    2.  This act expires by limitation on June 30, 2003.

 

3-24  H