Senate Bill No. 364–Senators Townsend, Mathews, Schneider, Carlton, James, Amodei and Porter

 

March 16, 2001

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Joint Sponsors: Assemblymen Leslie, Gibbons, Parks, Brower, Giunchigliani and Williams

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Referred to Committee on Finance

 

SUMMARY—Establishes developmental services commission. (BDR 38‑931)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Contains Appropriation not included in Executive Budget.

 

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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 welfare; establishing the developmental services commission; prescribing its powers and duties; making an appropriation; 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 422 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 7, inclusive, of this act.

1-3    Sec. 2.  As used in sections 2 to 6, inclusive, of this act,

1-4  “commission” means the developmental services commission.

1-5    Sec. 3.  1.  The developmental services commission, consisting of

1-6  seven members, is hereby created. The goals of the commission are to:

1-7    (a) Oversee the development of tools for the standardized assessment

1-8  of clients and the standardization of the allocation of available fiscal

1-9  resources for developmental services.

1-10    (b) Facilitate a standardized method for the individualized assessment

1-11  of each client’s needs and application of a variable schedule of rates of

1-12  reimbursement indexed to those particular needs.

1-13    (c) Encourage the provision of appropriate care in the most cost-

1-14  effective manner by facilitating a competitive business environment with

1-15  multiple providers of service.

1-16    (d) Facilitate the development of sufficient public policies to prevent

1-17  avoidable litigation regarding the rights of the developmentally disabled.

2-1    (e) Ensure objectivity in the determination of rates of reimbursement

2-2  that are based on objective and applicable factors and consideration of

2-3  information from the public and private sectors supplied in an open and

2-4  public forum.

2-5    (f) Facilitate the development of a schedule for timely reviews of each

2-6  individual case to determine the current needs of the client and a method

2-7  for adjusting, if necessary, the charges for the level of service depending

2-8  on the progress of the client.

2-9    (g) Facilitate the viability of the businesses that provide these services

2-10  as a preferred alternative to institutionalized placement.

2-11    2.  The commission consists of:

2-12    (a) Two members appointed by the governor who represent business

2-13  and have knowledge and experience in analyzing costs concerning the

2-14  provision of medical services.

2-15    (b) Three members appointed by the commission on mental health

2-16  and developmental services of the department who represent private

2-17  providers of services for persons with physical or developmental

2-18  disabilities, one of whom provides residential services for the

2-19  developmentally disabled, one of whom provides training and

2-20  employment and one of whom provides services to the physically

2-21  disabled.

2-22    (c) One member appointed by the director who is an employee of the

2-23  division of health care financing and policy and has knowledge and

2-24  experience concerning Medicaid programs.

2-25    (d) One member appointed by the director who is employed by the

2-26  division of mental health and developmental services of the department

2-27  and has knowledge and experience concerning the provision of services

2-28  for persons with developmental disabilities, but who is not directly

2-29  involved in the administration of the division.

2-30    3.  After the initial terms, the term of each member of the commission

2-31  is 4 years. A vacancy occurring in the membership of the commission

2-32  must be filled in the same manner as the original appointment.

2-33    4.  A majority of the members of the commission constitutes a

2-34  quorum.

2-35    5.  The governor may remove a member of the commission for good

2-36  cause.

2-37    6.  The director of the legislative counsel bureau shall provide

2-38  administrative and clerical support for the commission, related fiscal

2-39  analysis and any facilities or other services required by the commission

2-40  to carry out its duties.

2-41    Sec. 4.  1.  The commission shall:

2-42    (a) At its first meeting, and annually thereafter, elect a chairman and

2-43  a vice chairman from among its members.

2-44    (b) Hold at least six meetings during the first year and at least four

2-45  meetings each year thereafter.

2-46    (c) Adopt rules of practice for its management and government.

2-47    (d) Compare and review the methods used in other states for

2-48  determining rates and assessments generally as a basis for developing an

2-49  appropriate methodology for determining rates of reimbursement for

3-1  services provided to persons with developmental disabilities who are

3-2  eligible for Medicaid that is specifically suited for application to the

3-3  services contracted for by the department.

3-4    (e) Hold public hearings to receive public testimony from providers,

3-5  governmental representatives and other interested persons regarding the

3-6  cost factors that are related to the provision of legally required care to

3-7  ensure that the recommended rates for reimbursement accurately reflect

3-8  the required costs of providing these services.

3-9    (f) Establish recommended rates of reimbursement for each service

3-10  provided in this state to persons with developmental disabilities who are

3-11  eligible for Medicaid and review those rates at least biennially.

3-12    2.  The commission may:

3-13    (a) Conduct investigations in connection with carrying out its duties.

3-14    (b) Recommend to the legislature any appropriate legislation.

3-15    Sec. 5.  1.  Each member of the commission is entitled to receive the

3-16  per diem allowance and travel expenses provided for state officers and

3-17  employees generally for each day or part thereof that the member is

3-18  engaged in the business of the commission.

3-19    2.  Each member of the commission who is an employee of the State

3-20  of Nevada must be relieved from his duties without loss of compensation

3-21  for a period that is sufficient to ensure that he may, in the most efficient

3-22  manner practicable, prepare for and attend each meeting of the

3-23  commission and perform any work required to carry out the business of

3-24  the commission. A state agency shall not require an employee who is a

3-25  member of the commission to make up or take annual or compensatory

3-26  time for any period during which the employee is relieved from his duties

3-27  pursuant to the provisions of this section.

3-28    Sec. 6.  1.  The commission shall:

3-29    (a) Submit to the interim finance committee a quarterly report

3-30  concerning the activities, progress and determinations of the commission

3-31  concerning the development of the proposed rate of reimbursement for

3-32  each service provided to persons with developmental disabilities who are

3-33  eligible for Medicaid;

3-34    (b) Not later than June 30th of each even-numbered year, submit to

3-35  the interim finance committee a final biennial report of its activities,

3-36  including recommendations for the rate of reimbursement for each

3-37  service provided to persons with developmental disabilities who are

3-38  eligible for Medicaid; and

3-39    (c) Not later than January 15th of each odd-numbered year, submit to

3-40  the budget subcommittee of the legislative commission created pursuant

3-41  to NRS 218.6824 an informational report that includes a comparison of

3-42  the rates of reimbursement recommended by the commission in its

3-43  biennial report with the corresponding rates of reimbursement

3-44  recommended in the governor’s proposed budget.

3-45    2.  If, after reviewing the final biennial report submitted pursuant to

3-46  paragraph (b) of subsection 1, the interim finance committee determines

3-47  that the report is reflective of the purpose and duties assigned to the

3-48  commission, the interim finance committee shall transmit the biennial

3-49  report to the governor.

4-1    Sec. 7.  1.  There is hereby appropriated from the state general fund

4-2  to the legislative fund created by NRS 218.085 the sum of $200,000 for the

4-3  expenses of the developmental services commission, including the

4-4  expenses related to contracting with a facilitator and experts who will assist

4-5  the commission in carrying out its duties.

4-6    2.  Any remaining balance of the appropriation made by subsection 1 of

4-7  this act must not be committed for expenditure after June 30, 2003, and

4-8  reverts to the state general fund as soon as all payments of money

4-9  committed have been made.

4-10    Sec. 8.  As soon as practicable after the effective date of this act, the

4-11  members of the developmental services commission must be appointed as

4-12  follows:

4-13    1.  One member appointed pursuant to paragraph (a) of subsection 2 of

4-14  section 3 of this act to a term that expires on September 30, 2003;

4-15    2.  One member appointed pursuant to paragraph (b) of subsection 2 of

4-16  section 3 of this act to a term that expires on September 30, 2003;

4-17    3.  The member appointed pursuant to paragraph (c) of subsection 2 of

4-18  section 3 of this act to a term that expires on September 30, 2003;

4-19    4.  One member appointed pursuant to paragraph (a) of subsection 2 of

4-20  section 3 of this act to a term that expires on September 30, 2005;

4-21    5.  Two members appointed pursuant to paragraph (b) of subsection 2

4-22  of section 3 of this act to terms that expire on September 30, 2005; and

4-23    6.  The member appointed pursuant to paragraph (d) of subsection 2 of

4-24  section 3 of this act to a term that expires on September 30, 2005.

4-25    Sec. 9.  This act becomes effective upon passage and approval.

 

4-26  H