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, page 1, line 3, by deleting “12,” and inserting “15,”.
Amend sec. 5, page 1, line 11, by deleting “The” and inserting:
“1. Except as otherwise provided in subsection 2, the”.
Amend sec. 5, page 2, line 2, by deleting “subsection 7” and inserting:
“paragraph (e) of subsection 1”.
Amend sec. 5, page 2, line 4, by deleting “1.” and inserting “(a)”.
Amend sec. 5, page 2, line 5, by deleting “11” and inserting “12”.
Amend sec. 5, page 2, by deleting line 6 and inserting:
“(b) Require the person who prescribes the prescription drug to obtain prior authorization before the prescription drug”.
Amend sec. 5, page 2, between lines 7 and 8, by inserting:
“2. The provisions of this section do not apply to:
(a) Prescription drugs that are prescribed for the treatment of a mental illness of a patient who is receiving services pursuant to Medicaid other than prescription antidepressant medications or prescription antianxiety medications, but including, without limitation, prescriptions for atypical and conventional antipsychotic medications and anticonvulsant medications; or
(b) Antiretroviral prescription drugs that are prescribed for a patient who is infected with the human immunodeficiency virus who is receiving services pursuant to Medicaid.
3. As used in this section, “Medicaid” has the meaning ascribed to it in NRS 439B.120.”.
Amend sec. 6, page 2, line 9, by deleting “11” and inserting “eight”.
Amend sec. 6, page 2, line 12, by deleting “Six” and inserting “Four”.
Amend sec. 6, page 2, line 13, by deleting “state;” and inserting:
“state, one who must be a psychiatrist licensed to practice medicine in this state; and”.
Amend sec. 6, page 2, by deleting lines 18 through 20 and inserting:
“pharmacy licensed in this state.”.
Amend sec. 6, page 2, by deleting lines 28 and 29 and inserting:
“5. The term of a person appointed to the Committee who fails to satisfy the”.
Amend sec. 7, page 2, line 39, by deleting “6” and inserting “3”.
Amend sec. 9, page 3, line 17, before “The” by inserting “1.”.
Amend sec. 9, page 3, line 18, by deleting “1.” and inserting “(a)”.
Amend sec. 9, page 3, line 21, by deleting “2.” and inserting “(b)”.
Amend sec. 9, page 3, line 24, by deleting “3.” and inserting “(c)”.
Amend sec. 9, page 3, line 26, by deleting “11” and inserting “12”.
Amend sec. 9, page 3, line 27, by deleting “4.” and inserting “(d)”.
Amend sec. 9, page 3, by deleting lines 29 through 40 and inserting:
“each class that is identified for review; and”.
Amend sec. 9, page 3, line 41, by deleting “7. Identify” and inserting:
“(e) Except as otherwise provided in this section, identify”.
Amend sec. 9, page 3, line 43, by deleting “patient,” and inserting patient.”.
Amend sec. 9, pages 3 and 4, by deleting lines 44 and 45 on page 3 and lines 1 through 4 on page 4, and inserting:
“2. In carrying out its duties set forth in subsection 1, the Committee may consider the effect that its advice, recommendations and decisions may have on persons who receive prescription drugs through a program administered by the Department.”.
Amend sec. 10, page 4, by deleting lines 6 through 16 and
inserting:
“1. In carrying out
its duties, exercise clinical judgment and analyze peer review articles,
published studies, and other medical and scientific information;
2. Establish subcommittees to analyze specific issues that arise as the Committee carries out its duties;
3. Hold hearings in connection with its review and analysis; and
4. Direct the Department to assist in its research, review and analysis.”.
Amend the bill as a whole by renumbering sections 11 and 12 as sections 12 and 13 and adding a new section designated sec. 11, following sec. 10, to read as follows:
“Sec. 11. 1. The Advisory Committee to the Pharmacy and Therapeutics Committee consisting of three members is hereby created in the Department to advise the Committee concerning prescription drugs that are used by seniors, persons who are mentally ill or persons with disabilities.
2. The Director of the Department shall appoint to the Advisory Committee:
(a) One member appointed from a list of persons provided to the Department by the American Association of Retired Persons or any successor organization;
(b) One member appointed from a list of persons provided to the Department by the Alliance for the Mentally Ill of Nevada or any successor organization; and
(c) One member appointed from a list of persons provided to the Department by the Statewide Independent Living Council established in this state pursuant to 29 U.S.C. § 796d.
3. The Director shall appoint the Chairman of the Advisory Committee from among its members.
4. After the initial terms, the term of each member of the Advisory Committee is 2 years. A member may be reappointed. A vacancy occurring in the membership of the Advisory Committee must be filled for the remainder of the unexpired term in the same manner as the original appointment.
5. Members of the Advisory Committee serve without compensation, except that a member of the Advisory Committee is entitled, while engaged in the business of the Advisory Committee, to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. Each member of the Advisory Committee who is an officer or employee of the State of Nevada or a local government must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or local governmental entity shall not require an officer or employee who is a member of the Advisory Committee to make up the time that he is absent from work to carry out his duties as a member of the Advisory Committee or to use annual vacation or compensatory time for the absence.”.
Amend sec. 11, page 4, line 22, by deleting “subsection 3” and inserting:
“paragraph (c) of subsection 1”.
Amend sec. 11, page 4, line 26, by deleting “subsection 3” and inserting:
“paragraph (c) of subsection 1”.
Amend sec. 11, page 4, line 29, by deleting “12” and inserting “13”.
Amend sec. 12, page 4, line 44, by deleting “11” and inserting “12”.
Amend the bill as a whole by renumbering sections 13 and 14 as sections 18 and 19 and adding new sections designated sections 14 through 17, following sec. 12, to read as follows:
“Sec. 14. The Department shall use any rebates that it receives from pharmaceutical manufacturers for drugs purchased pursuant to a program administered by the Department in accordance with federal law to:
1. Offset the costs incurred in providing prescription drugs pursuant to the programs administered by the Department which provide prescription drugs; or
2. Expand the provision of prescription drugs pursuant to the programs administered by the Department which provide prescription drugs.
Sec. 15. The Department may, to carry out its duties set forth in this chapter and to administer the provisions of this chapter:
1. Adopt regulations; and
2. Enter into contracts for any services.
Sec. 16. NRS 232.320 is hereby amended to read as follows:
232.320 1. Except as otherwise provided in subsection 2, the Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging Services Division;
(2) The Administrator of the Health Division;
(3) The State Welfare Administrator;
(4) The Administrator of the Division of Child and Family Services; and
(5) The Administrator of the Division of Health Care Financing and Policy.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, sections 2 to 15, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Health Division or the professional line activities of the other divisions.
(c) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this state. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(d) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.
(e) Has such other powers and duties as are provided by law.
2. The Governor shall appoint the Administrator of the Division of Mental Health and Developmental Services.
Sec. 17. The Department of Human Resources shall:
1. On or before July 1, 2004, apply to the Federal Government to amend the State Plan for Medicaid as necessary to ensure that the State Plan for Medicaid is consistent with the provisions of this act.
2. Submit a quarterly report concerning its progress toward preparing, submitting and obtaining federal approval of the amendment described in subsection 1 to the Interim Finance Committee and the Legislative Committee on Health Care, until the date on which the amendment is approved by the Federal Government.”.
Amend sec. 13, page 5, line 1, before “As” by inserting “1.”.
Amend sec. 13, page 5, line 4, by deleting “1. Three” and inserting “(a) Two”.
Amend sec. 13, page 5, line 6, after “year;” by inserting “and”.
Amend sec. 13, page 5, line 7, by deleting “2. Three” and inserting “(b) Two”.
Amend sec. 13, page 5, by deleting lines 9 through 11 and inserting:
“years.
2. As soon as practicable after July 1, 2003, the Director of the Department of Human Resources shall appoint to the Advisory Committee to the Pharmacy and Therapeutics Committee one member to serve an initial term of 1 year and two members to serve initial terms of 2 years.”.
Amend the title of the bill by deleting the first through third lines and inserting:
“AN ACT relating to public welfare; requiring the Department of Human Resources to provide that certain prescription drugs provided by a program administered by the Department must either be on a list of preferred prescription drugs or require prior authorization; creating”.