Senate Bill No. 573–Committee on Finance

 

CHAPTER..........

 

AN ACT relating to the office of the governor; transferring the office for hospital patients from the department of business and industry to the office of the governor; creating the bureau for hospital patients within the office for consumer health assistance in the office of the governor; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Chapter 223 of NRS is hereby amended by adding thereto a

 new section to read as follows:

   1.  The bureau for hospital patients is hereby created within the office

 for consumer health assistance in the office of the governor.

   2.  The director:

   (a) Is responsible for the operation of the bureau, which must be

 easily accessible to the clientele of the bureau.

   (b) Shall appoint and supervise such additional employees as are

 necessary to carry out the duties of the bureau. The employees of the

 bureau are in the unclassified service of the state.

   (c) Shall submit a written report quarterly to the governor and the

 legislative committee on health care concerning the activities of the

 bureau, including, without limitation, the number of complaints received

 by the bureau, the number and type of disputes heard, mediated,

 arbitrated or resolved through alternative means of dispute resolution by

 the director and the outcome of the mediation, arbitration or alternative

 means of dispute resolution.

   3.  The director may, upon request made by either party, hear,

 mediate, arbitrate or resolve by alternative means of dispute resolution

 disputes between patients and hospitals. The director may decline to

 hear a case that in his opinion is trivial, without merit or beyond the

 scope of his jurisdiction. The director may hear, mediate, arbitrate or

 resolve through alternative means of dispute resolution disputes

 regarding:

   (a) The accuracy or amount of charges billed to a patient;

   (b) The reasonableness of arrangements made pursuant to

paragraph (c) of subsection 1 of NRS 439B.260; and

   (c) Such other matters related to the charges for care provided to a

 patient as the director determines appropriate for arbitration, mediation

 or other alternative means of dispute resolution.

   4.  The decision of the director is a final decision for the purpose of

 judicial review.

   5.  Each hospital, other than federal and state hospitals, with 49 or

 more licensed or approved hospital beds shall pay an annual assessment

 for the support of the bureau. On or before July 15 of each year, the

 director shall notify each hospital of its assessment for the fiscal year.

 Payment of the assessment is due on or before September 15. Late

 payments bear interest at the rate of 1 percent per month or fraction

 thereof.

   6.  The total amount assessed pursuant to subsection 5 for a fiscal

 year must be $100,000 adjusted by the percentage change between

 January 1, 1991, and January 1 of the year in which the fees are

assessed, in the Consumer Price Index (All Items) published by the

United States Department of Labor.

   7.  The total amount assessed must be divided by the total number of

 patient days of care provided in the previous calendar year by the

 hospitals subject to the assessment. For each hospital, the assessment

 must be the result of this calculation multiplied by its number of patient

 days of care for the preceding calendar year.

   Sec. 2.  NRS 223.500 is hereby amended to read as follows:

   223.500  As used in NRS 223.500 to 223.580, inclusive, and section 1

 of this act, unless the context otherwise requires, the words and terms

 defined in NRS 223.510, 223.520 and 223.530 have the meanings ascribed

 to them in those sections.

   Sec. 3.  NRS 223.540 is hereby amended to read as follows:

   223.540  The provisions of NRS 223.085 do not apply to the provisions

 of NRS 223.500 to 223.580, inclusive[.] , and section 1 of this act.

   Sec. 4.  NRS 223.550 is hereby amended to read as follows:

   223.550  1.  The office for consumer health assistance is hereby

 established in the office of the governor. The governor shall appoint the

 director. The director must:

   (a) Be:

     (1) A physician, as that term is defined in NRS 0.040;

     (2) A registered nurse, as that term is defined in NRS 632.019;

     (3) An advanced practitioner of nursing, as that term is defined in

 NRS 453.023; or

     (4) A physician assistant, as that term is defined in NRS 630.015; and

   (b) Have expertise and experience in the field of advocacy.

   2.  The cost of carrying out the provisions of NRS 223.500 to 223.580,

 inclusive, and section 1 of this act must be paid as follows:

   (a) That portion of the cost related to providing assistance to consumers

 and injured employees concerning workers’ compensation must be paid

 from the assessments levied pursuant to NRS 232.680.

   (b) That portion of the cost related to the operation of the bureau for

 hospital patients created pursuant to section 1 of this act must be paid

 from the assessments levied pursuant to that section.

   (c) The remaining cost must be provided by direct legislative

 appropriation from the state general fund and be paid out on claims as

 other claims against the state are paid.

   Sec. 5.  NRS 223.570 is hereby amended to read as follows:

   223.570  1.  The director may:

   (a) Within the limits of available money, employ:

     (1) Such persons in the unclassified service of the state as he

 determines to be necessary to carry out the provisions of NRS [223.500 to

 223.580, inclusive,] 223.560 and 223.580 and this section, including,

 without limitation, a provider of health care, as that term is defined in NRS

 449.581.

     (2) Such additional personnel as may be required to carry out the

 provisions of NRS [223.500 to 223.580, inclusive,] 223.560 and 223.580

 and this section, who must be in the classified service of the state.

A person employed pursuant to the authority set forth in this subsection

must be qualified by training and experience to perform the duties for

 which the director employs him.

   (b) To the extent not otherwise prohibited by law, obtain such

 information from consumers, injured employees, health care plans and

 policies of industrial insurance as he determines to be necessary to carry

 out the provisions of NRS [223.500 to 223.580, inclusive.] 223.560 and

 223.580 and this section.

   (c) Adopt such regulations as he determines to be necessary to carry out

 the provisions of NRS [223.500 to 223.580, inclusive.] 223.560 and

 223.580 and this section.

   2.  The director and his employees shall not have any conflict of

 interest relating to the performance of their duties pursuant to NRS

 [223.500 to 223.580, inclusive.] 223.560 and 223.580 and this section.

 For the purposes of this subsection, a conflict of interest shall be deemed

 to exist if the director or employee, or any person affiliated with the

 director or employee:

   (a) Has direct involvement in the licensing, certification or accreditation

 of a health care facility, insurer or provider of health care;

   (b) Has a direct ownership interest or investment interest in a health

 care facility, insurer or provider of health care;

   (c) Is employed by, or participating in, the management of a health care

 facility, insurer or provider of health care; or

   (d) Receives or has the right to receive, directly or indirectly,

 remuneration pursuant to any arrangement for compensation with a health

 care facility, insurer or provider of health care.

   Sec. 6.  NRS 439B.260 is hereby amended to read as follows:

   439B.260  1.  A major hospital shall reduce or discount the total billed

 charge by at least 30 percent for hospital services provided to an inpatient

 who:

   (a) Has no insurance or other contractual provision for the payment of

 the charge by a third party;

   (b) Is not eligible for coverage by a state or federal program of public

 assistance that would provide for the payment of the charge; and

   (c) Makes reasonable arrangements within 30 days after discharge to

 pay his hospital bill.

   2.  A major hospital or patient who disputes the reasonableness of

 arrangements made pursuant to paragraph (c) of subsection 1 may submit

 the dispute to the [office] bureau for hospital patients for resolution as

 provided in [NRS 232.543.] section 1 of this act.

   3.  A major hospital shall reduce or discount the total billed charge of

 its outpatient pharmacy by at least 30 percent to a patient who is eligible

 for Medicare.

   Sec. 7.  NRS 232.543 is hereby repealed.

   Sec. 8.  1.  This section and sections 1, 2, 3, 5, 6 and 7 of this act

 become effective on July 1, 2001.

   2.  Section 4 of this act becomes effective at 12:01 a.m. on July 1,

 2001.

 

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