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
the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and
adding a new section designated section 1, following the enacting clause, to
read as follows:
“Section 1. Chapter 439A of NRS is hereby amended by
adding thereto a new section to read as follows:
1. No person may operate or undertake any proposed expenditure for the operation of a new medical helicopter that will provide medical helicopter services in an area located within 150 miles from the base of an existing medical helicopter without first applying for and obtaining the written approval of the State Health Officer or the designee of the State Health Officer.
2. Except as otherwise provided in subsection 3, the State Health Officer or the designee of the State Health Officer may approve an application submitted pursuant to subsection 1 only if the applicant demonstrates that:
(a) Based on the needs of the specific population to be served by the new medical helicopter and on the projected number of persons who have or will have a need for the proposed service, the population to be served has a need for the new medical helicopter;
(b) The existing medical helicopter services in the area to be served by the new medical helicopter cannot or will not meet the projected needs of the population to be served by the new medical helicopter;
(c) The applicant has the financial stability to provide medical helicopter services to the population to be served by the new medical helicopter for a significant period of time;
(d) The new medical helicopter will result in a significant savings in costs for users of and payors for medical helicopter services;
(e) The new medical helicopter will not have an adverse effect on the quality of care provided to users of medical helicopter services and will not have an unnecessarily negative effect on the cost of medical helicopter services for users of or payors for such services; and
(f) The approval of the application will not adversely affect an existing provider of medical helicopter services.
3. The State Health Officer or the designee of the State Health Officer shall not approve an application submitted pursuant to subsection 1 if:
(a) The applicant fails to provide sufficient, relevant, demonstrative evidence for the approval of the application; or
(b) The evidence opposing the application outweighs the evidence supporting the application.
4. In determining whether to approve an application submitted pursuant to subsection 1, the State Health Officer or the designee of the State Health Officer shall:
(a) Contact existing providers of medical helicopter services, ensure that existing providers of medical helicopter services have an opportunity to participate in any public hearing concerning the application, and seek the input of existing providers of medical helicopter services concerning the application; and
(b) Consider:
(1) The level of medical care to be provided by the applicant to the population to be served by the new medical helicopter;
(2) The impact of the new medical helicopter on the rates, quality of service and safety of existing providers of medical helicopter services and on the level of medical care provided by such providers;
(3) The effect of the new medical helicopter on the cost of health care services; and
(4) Any other information the State Health Officer or the designee of the State Health Officer deems relevant.
5. An applicant whose application is rejected pursuant to this section may appeal the decision of the State Health Officer or the designee of the State Health Officer to the State Board of Health. The decision of the State Board of Health is a final decision for the purposes of judicial review.
6. As used in this section, “medical helicopter” means a helicopter especially designed, constructed, modified or equipped to be used for the transportation of injured or sick persons. The term does not include any commercial helicopter carrying passengers on regularly scheduled flights.”.
Amend sec. 2, page 3, line 5, by deleting “1.”.
Amend sec. 2, page 3, line 10, after “of” by inserting “section 2 of”.
Amend sec. 2, page 3, by deleting lines 11 through 15.
Amend the bill as a whole by renumbering sec. 3 as sec. 5 and adding a new section designated sec. 4, following sec. 2, to read as follows:
“Sec. 4. The provisions of section 1 of this act apply retroactively to each medical helicopter that did not provide medical helicopter services on or before December 31, 2002.”.
Amend sec. 3, page 3, line 16, by deleting:
“This act becomes” and inserting:
“1. This section and sections 1 and 4 of this act become effective upon passage and approval.
2. Sections 2 and 3 of this act become”.
Amend the title of the bill, first line, after “care;” by inserting:
“requiring a person to obtain the approval of the State Health Officer before operating a new medical helicopter under certain circumstances;”.
Amend the summary of the bill to read as follows: