Senate Bill No. 402–Senators Rawson, Amodei, Care, Mathews, McGinness, Neal, O’Donnell, Schneider, Shaffer, Titus, Washington and Wiener

 

March 19, 2001

____________

 

Referred to Committee on Finance

 

SUMMARY—Creates advisory task force on long-term care. (BDR 17‑972)

 

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 health care; creating the advisory task force on long-term care; prescribing its powers and duties; making an appropriation; and providing other matters properly relating thereto.

 

   Whereas, The requirement that persons in this state impoverish themselves to become eligible for long-term care benefits places many persons in need of long-term care in a very difficult situation when determining how to receive the health care services that they need to survive; and

   Whereas, The growing number of persons in need of long-term care is of grave concern to the legislature; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 218 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 6, inclusive, of this act.

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

1-4  means the advisory task force on long-term care created pursuant to

1-5  section 3 of this act.

1-6    Sec. 3. 1.  The advisory task force on long-term care, consisting of

1-7  eight members, is hereby created. The task force consists of:

1-8    (a) Three members of the senate appointed by the majority leader of

1-9  the senate;

1-10    (b) Three members of the assembly appointed by the speaker of the

1-11  assembly;

1-12    (c) One member appointed by the governor; and

2-1    (d) One member who is employed by the aging services division of the

2-2  department of human resources appointed by the director of the

2-3  department.

2-4    2.  The legislative commission shall select the chairman and vice

2-5  chairman of the task force from among the legislative members of the

2-6  task force. Each such officer holds office for a term of 2 years beginning

2-7  on July 1 of each odd-numbered year. The chairmanship of the task

2-8  force must alternate each biennium between the houses of the

2-9  legislature.

2-10    3.  Any legislative member of the task force who does not return to

2-11  the legislature continues to serve until the next session of the legislature

2-12  convenes.

2-13    4.  Vacancies on the task force must be filled in the same manner as

2-14  original appointments.

2-15    5.  The task force shall report annually to the legislative commission

2-16  concerning its activities and any recommendations for legislation.

2-17    Sec. 4.  1.  The members of the task force shall meet throughout

2-18  each year at the times and places specified by a call of the chairman or a

2-19  majority of the task force. The director of the legislative counsel bureau

2-20  or a person he has designated shall act as the nonvoting recording

2-21  secretary. The task force shall prescribe regulations for its management

2-22  and government. Five members of the task force constitute a quorum,

2-23  and a quorum may exercise all the powers conferred on the task force.

2-24    2.  Except during a regular or special session of the legislature, the

2-25  legislative members of the task force are entitled to receive the

2-26  compensation provided for a majority of the members of the legislature

2-27  during the first 60 days of the preceding regular session for each day or

2-28  portion of a day during which they attend a meeting of the task force or

2-29  are otherwise engaged in the business of the task force, plus the per diem

2-30  allowance provided for state officers and employees generally and the

2-31  travel expenses provided pursuant to NRS 218.2207.

2-32    3.  The members of the task force who are not legislators serve

2-33  without compensation, but are entitled to receive the per diem allowance

2-34  and travel expenses provided for state officers and employees generally.

2-35    4.  The compensation, per diem allowances and travel expenses of the

2-36  members of the task force must be paid from the legislative fund.

2-37    5.  The member of the task force who is an employee of the aging

2-38  services division of the department of human resources must be relieved

2-39  from his duties without loss of his regular compensation so that he may

2-40  perform his duties relating to the task force in the most timely manner

2-41  practicable. The aging services division shall not require the employee to

2-42  make up the time he is absent from work to fulfill his obligations as a

2-43  member of the task force or take annual leave or compensatory time for

2-44  the absence.

2-45    Sec. 5.  The task force may:

2-46    1.  Identify and evaluate the alternatives to institutionalization for

2-47  providing long-term care, including, without limitation:

3-1    (a) An analysis of the costs of the alternatives to institutionalization

3-2  and the costs of institutionalization for persons receiving long-term care

3-3  in this state;

3-4    (b) A determination of the positive and negative effects of the different

3-5  methods for providing long-term care services on the quality of life of

3-6  persons receiving those services in this state;

3-7    (c) A determination of the personnel required for each method of

3-8  providing long-term care services in this state; and

3-9    (d) A determination of the methods for funding the long-term care

3-10  services provided to all persons who are receiving or who are eligible to

3-11  receive those services in this state.

3-12    2.  Evaluate the feasibility of obtaining a waiver from the Federal

3-13  Government to integrate and coordinate acute care services provided

3-14  through Medicare and long-term care services provided through

3-15  Medicaid in this state.

3-16    3.  Evaluate the feasibility of obtaining a waiver from the Federal

3-17  Government to eliminate the requirement that elderly persons in this

3-18  state impoverish themselves as a condition of receiving assistance for

3-19  long-term care.

3-20    4.  Conduct investigations and hold hearings to carry out the

3-21  provisions of this section.

3-22    5.  Apply for any available grants and accept any gifts, grants or

3-23  donations to assist the task force in carrying out the provisions of this

3-24  section.

3-25    6.  Direct the legislative counsel bureau to assist in its research,

3-26  investigations and analysis.

3-27    Sec. 6.  1.  If the task force conducts investigations or holds

3-28  hearings pursuant to section 5 of this act:

3-29    (a) The secretary of the task force or, in his absence, a member

3-30  designated by the task force may administer oaths.

3-31    (b) The secretary or chairman of the task force may cause the

3-32  deposition of witnesses, residing within or outside of this state, to be

3-33  taken in the manner prescribed by rule of court for taking depositions in

3-34  civil actions in the district courts.

3-35    (c) The chairman of the task force may issue subpoenas to compel the

3-36  attendance of witnesses and the production of books and papers.

3-37    2.  If a witness refuses to attend or testify or produce books or papers

3-38  as required by the subpoena, the chairman of the task force may report to

3-39  the district court by a petition which sets forth that:

3-40    (a) Notice has been given of the time and place of attendance of the

3-41  witness or the production of the books or papers;

3-42    (b) The witness has been subpoenaed by the task force pursuant to

3-43  this section; and

3-44    (c) The witness has failed or refused to attend or produce the books or

3-45  papers required by the subpoena before the task force that is named in

3-46  the subpoena, or has refused to answer questions propounded
to him.

3-47  The petition may request an order of the court compelling the witness to

3-48  attend and testify or produce the books and papers before the task force.

4-1    3.  Upon such a petition, the court shall enter an order directing the

4-2  witness to appear before the court at a time and place to be fixed by the

4-3  court in its order, the time to be not more than 10 days after the date of

4-4  the order, and to show cause why he has not attended or testified or

4-5  produced the books or papers before the task force. A certified copy of

4-6  the order must be served upon the witness.

4-7    4.  If it appears to the court that the subpoena was regularly issued by

4-8  the task force, the court shall enter an order that the witness appear

4-9  before the task force at the time and place fixed in the order and testify or

4-10  produce the required books or papers. Failure to obey the order

4-11  constitutes contempt of court.

4-12    Sec. 7. 1.  There is hereby appropriated from the state general fund

4-13  to the advisory task force on long-term care created pursuant to section 3 of

4-14  this act the sum of $125,000 for the expenses of the task force in carrying

4-15  out the provisions of sections 2 to 6, inclusive, of this act.

4-16    2.  Any remaining balance of the appropriation made by subsection 1

4-17  must not be committed for expenditure after June 30, 2003, and reverts to

4-18  the state general fund as soon as all payments of money committed have

4-19  been made.

4-20    Sec. 8.  This act becomes effective on July 1, 2001.

 

4-21  H