State of Nevada ADSD



Nevada Disability Advocacy & Law Center2017 Disability Legislative Update June 9, 2017BILLS SIGNED INTO LAWAB20 VR/BSB/IL: Revises provisions relating to services to assist persons with disabilities in obtaining employment. Assembly Bill 20 revises the provision of certain employment services delivered by the Bureau of Services to Persons Who Are Blind or Visually Impaired and the Bureau of Vocational Rehabilitation in the Rehabilitation Division of the Department of Employment, Training and Rehabilitation (DETR). The measure defines the term “competitive integrated employment” in accordance with existing federal law and amends related definitions and terms. AB31 Disability Rights: Revises provisions relating to the Specialist for the Rights of Elderly Persons and the Community Advocate for Elder Rights. Assembly Bill 31 revises the name of the Specialist for the Rights of Elderly Persons to the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition. The measure expands the scope of the powers and duties of the Attorney to include: (1) services to older persons, persons with a physical disability, persons with an intellectual disability, and persons with a related condition; and (2) acting as the State legal assistance developer for the purposes of satisfying certain requirements of federal law. The measure further expands the authority of the Community Advocate for Elder Rights within the Aging and Disability Services Division of the Department of Health and Human Services by authorizing him or her to provide assistance to persons who are less than 60 years of age and do not reside in facilities for long-term care. AB46: Revises provisions governing services provided to persons with mental illness and other disabilities. Assembly Bill 46 makes various changes related to “community-based living arrangement services.” Specifically, it defines this term to mean flexible, individualized services provided in the home to persons with mental illness or related conditions and designed to assist such persons in maximizing independence. In order to provide community-based living arrangement services, A.B. 46 requires a person, government, or governmental agency to obtain a certificate from DPBH. The State Board of Health must adopt regulations governing such services, including quality care standards, requirements for certificate issuance and renewal, associated fees, and the rights of consumers. Upon receipt of a complaint, DPBH may conduct an investigation of a provider, its personnel, operations, policies, and procedures, and may enjoin any person, government, or governmental agency from providing services without first obtaining a certificate or after a certificate has been revoked or suspended. AB64 Education: Revises requirements for receipt of a standard high school diploma for pupils with disabilities. Assembly Bill 64 provides that a pupil with a disability who does not satisfy the requirements prescribed by the State Board of Education to receive a standard high school diploma may receive a standard diploma if the pupil satisfies the requirements of his or her individualized education program (IEP) and if his or her IEP team determines that the pupil demonstrates proficiency in the standards of content and performance established by the Council to Establish Academic Standards for Public Schools. AB105 Mental Health: Assembly Bill 105 makes changes to continuing education required or encouraged to be taken by certain health care providers related to suicide prevention and awareness. The bill requires these providers to obtain at least three hours of continuing education concerning suicide assessment, treatment, and management every two years. It also removes a provision that allows certain providers to substitute courses in ethics to meet the requirement. AB108: Provides for the periodic review of Medicaid reimbursement rates. Assembly Bill 108 requires the Division of Health Care Financing and Policy (DHCFP) of the Department of Health and Human Services (DHHS) to review the adequacy of Medicaid reimbursement rates every four years. If DHCFP finds that the rate of reimbursement for a service or item does not accurately reflect the actual cost of providing the service or item, this bill requires DHCFP to calculate the rate of reimbursement that accurately reflects the actual cost of providing the service or item and recommend that rate to the Director of DHHS for possible inclusion in the State Plan for Medicaid. AB141Health Care: Revises the organizational structure and purposes of the Office of Minority Health. Expands the definition of “minority group” for purposes of provisions relating to the Office to include persons with disabilities AB150: Revises provisions governing private professional guardians. Assembly Bill 150 changes the regulation of private professional guardians, including revising the qualifications needed for a person to serve as a private professional guardian. Each entity that serves as such must employ a private professional guardian who is certified by the Center for Guardianship Certification. Certain persons working for a private professional guardian must submit fingerprints to the Division of Financial Institutions every five years. The bill also removes a prohibition against a court allowing a private professional guardian to proceed using summary administration. In effect, this revision allows a court to authorize a private professional guardian to administer estates under $10,000 and, with court approval, to dispense with annual accountings and certain other proceedings. AB180: Enacts the Juvenile Justice Bill of Rights. Assembly Bill 180 enacts the Juvenile Justice Bill of Rights. The measure sets forth certain rights of a child who is detained in a detention facility and requires the facility to inform the child of those rights. Reasonable restrictions on the rights of a child may be imposed, however, if necessary to preserve order, security, or safety. A child who believes his or her rights have been violated is authorized to raise and redress a grievance, and each detention facility must establish policies to ensure that a child who is detained has timely access to clinically appropriate psychotropic medication. AB181: Revises provisions governing the restoration of civil rights for ex-felons. Assembly Bill 181 revises provisions governing the restoration of civil rights to resident offenders in this state. A probationer, parolee, or person who has completed his or her sentence and was released from prison, with certain exceptions, is immediately restored his or her right to serve as a juror in a civil case and to vote after discharge from probation, discharge from parole, or release from prison unless the person was previously convicted of a category A felony or certain category B felonies, in which case the person’s right to vote is restored two years after discharge from probation, discharge from parole, or release from prison. The bill also allows for the restoration of the civil rights of a probationer or a parolee who receives a dishonorable discharge. AB192: Revises provisions governing the temporary limited appointment of persons with disabilities by state agencies. Assembly Bill 192 requires, with limited exceptions, appointing authorities for positions in the State service to make temporary limited appointments of certified persons with disabilities to positions not to exceed 700 hours. The bill further requires each appointing authority to ensure that at least one person on the staff of the appointing authority satisfies certain training requirements related to: (1) making a temporary limited appointment of a certified person with a disability; and (2) training concerning the unique challenges a person with a disability faces in the workplace. AB224: Revises provisions relating to persons with disabilities. Replaces the term “related conditions” with the term “developmental disability” for certain purposes. Prohibits jobs and day training programs from paying less than federal minimum wage on certain contracts that employ persons with disabilities under age 25.AB234: Revises provisions governing motor carriers (Transportation). Requires certain motor carriers of passengers that provide paratransit services to certain persons with disabilities to ensure that each vehicle used for such services is equipped with first-aid equipment and that the drivers of such vehicles receive training in first-aid and cardiopulmonary resuscitation. The bill requires that the company that employs the drivers is responsible for their training, will pay for the training, and will compensate the drivers for time spent in training. Effective 1/1/2020AB253: Revises provisions relating to adjudications of mental health. Revises provisions governing the examination and evaluation by a physician or licensed; requires the court to transmit an order for involuntary admission to a law enforcement agency under certain circumstances; establishes a procedure for certain hospitals and mental health facilities to request a copy of a court order for involuntary admission. AB288: Revises provisions relating to the protection of older persons and vulnerable persons. Revises provisions relating to immunity from civil or criminal liability for certain acts; increases the maximum term of imprisonment for a person who commits certain acts against an older person or a vulnerable person that result in substantial bodily or mental harm to or the death of the person; revising the penalties for committing certain acts against an older person or a vulnerable person or conspiring to commit certain acts against an older person or a vulnerable person; establishes provisions relating to certain arbitration clauses included in contracts used by facilities for long-term care AB304: Revises provisions relating to autism. Revises certain provisions relating to eligibility for services provided or coordinated by the Autism Treatment Assistance Program within the Aging and Disabilities Services Division of the Department of Health and Human Services, and redefines the term “autism spectrum disorder” for certain purposes. Authorizes Nevada’s Early Intervention Services to bill private insurance companies for applied behavior analysis (ABA) therapy provided by the early intervention agency. AB366: Creates the Northern, Washoe, Rural, and Southern Behavioral Health Regions, each consisting of certain cities and counties in this State. Creates a regional behavioral health policy board for each of the four regions. Establishes the membership of each policy board to consist of 12 persons, including: 11 members appointed by the Director of the Department of Health and Human Services; and 1 member who represents the criminal justice system appointed by the Governor. Each policy board is required to: (1) advise the Department, the Division of Public and Behavioral Health, and the Commission on Behavioral Health on certain regional behavioral health issues; (2) promote improvements in the delivery of behavioral health services in the behavioral health region; and (3) coordinate and exchange information with the Department, Division, and Commission regarding behavioral health services in their respective behavioral health region. The report currently submitted by the Commission annually to the Governor and biennially to the Legislature is revised to include: (1) recommendations from each policy board; (2) the epidemiologic profiles of substance use and abuse, problem gambling, and suicide; (3) relevant behavioral health prevalence data for each behavioral health region; and (4) the health priorities set for each behavioral health region. AB377: Revises provisions relating to the competency of a defendant in a criminal case. Prohibits a prosecuting attorney from seeking an indictment while competency proceedings are pending except with leave of the court, and prohibits a prosecuting attorney from refiling charges against a defendant who has been found incompetent except with leave of the court. AB440: Revises provisions governing involuntary commitment proceedings. Authorizes a proceeding for the involuntary court-ordered admission of a criminal defendant to a program of community-based or outpatient services to be commenced by the district court or by motion of the defendant or the district attorney under certain circumstances, requires the court to dismiss the charges against the defendant if the defendant successfully completes such a program to the satisfaction of the court, requires certain judges to hear proceedings for involuntary court-ordered admission, requires a district court to request an evaluation of a person alleged to be a person with mental illness by an evaluation team, and revises requirements concerning courses of instruction for certain judges. AB473: Temporarily provides for the continued inclusion of certain drugs on the list of preferred prescription drugs to be used for the Medicaid program. Delays the prospective expiration of certain provisions governing antipsychotic, anticonvulsant, and antidiabetic medications prescription drugs to be used for the Medicaid program. AB483: Revises provisions governing the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services from Organizations. Transfers the administration of the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services from Organizations from the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to the Purchasing Division of the Department of Administration. AB514: Authorizes the Division of Parole and Probation of the Department of Public Safety to provide money for transitional housing for indigent prisoners released on parole under certain circumstances. Under existing law, a prisoner who is eligible for parole may not be released from prison until the Division of Parole and Probation of the Department of Public Safety approves the prisoner’s proposed plan for placement upon release. Assembly Bill 514 authorizes the Division, if resources are available, to pay all or a portion of the cost of an indigent prisoner’s transitional housing if the prisoner’s proposed placement plan indicates that the prisoner will reside in transitional housing upon his or her release. On Governor’s DeskSB27: Revises the definition of the term “mental illness” for purposes of provisions relating to criminal procedure, mental health and intellectual disabilities. Revises the definition of “mental illness” to mean a clinically significant disorder of thought, mood, perception, orientation, memory, or behavior that seriously limits the capacity of a person to function in the primary aspects of daily living, including, without limitation, personal relations, living arrangements, employment, and recreation. The term does not include other mental disorders that result in diminished capacity, including, without limitation, epilepsy, intellectual disability, dementia, delirium, brief periods of intoxication caused by alcohol or drugs, or dependence upon or addiction to alcohol or drugs. SB50: Provides for advance directives governing the provision of psychiatric care. SB 50 authorizes a person who is of sound mind and at least 18 years of age or an emancipated minor to execute an advance directive for psychiatric care to direct any provider of health care on how he or she wishes psychiatric care to be provided if incapable of making or communicating decisions concerning such care. The bill also authorizes a person to designate another person to make decisions for him or her if incapable of making such decisions. SB71 Health Care: Revises provisions relating to medical facilities and facilities for the dependent. Makes certain provisions relating to the licensing and regulation of a medical facility applicable to a program of hospice care; revising the definition of the term “psychiatric hospital”; requiring persons who operate or work for certain psychiatric hospitals to undergo a criminal background check SB117: Revises provisions relating to election accessibility. Requires each polling place, with limited exception, to be accessible to a voter who is elderly or a voter with a disability and to have a voting booth that is specifically designed, designated and equipped for such voters. This bill provides that, in addition, at all times during which a polling place is open: (1) the polling place must have a separate line for voters with disabilities or who are not physically able to wait in line to vote and allow such voters to vote before any voter who is not disabled and is physically able to stand in line; or (2) an election board officer at the polling place must allow voters with disabilities or who are not physically able to wait in line to move to the front of the line of voters to vote. SB123: Revises provisions relating to the State Long-Term Care Ombudsman. SB123 makes various changes to provisions governing the State Long-Term Care Ombudsman within the Aging and Disability Services Division (ADSD), Department of Health and Human Services. Specifically, the bill: 1) Authorizes the Ombudsman to independently analyze, monitor, and provide recommendations for changes to federal, State, and local governmental actions and policies related to facilities for long-term care; 2) Transfers authority from the administrator of ADSD to the Ombudsman to appoint advocates and create and administer a volunteer advocacy program; 3) Requires the Ombudsman and his or her advocates to comply with certain federal regulations related to obtaining consent before inspecting medical and personal financial records, and provides that such consent may be obtained orally, visually, in writing, or through auxiliary aids; 4) Exempts the Ombudsman and his or her advocates and volunteers from the requirement to report the abuse, neglect, isolation, or abandonment of an older person when federal regulations require such an exemption; and 5) Authorizes the Ombudsman to advocate regardless of a person’s age. SB125: Revises provisions governing the restoration of certain civil rights for ex-felons. The bill automatically restores voting rights and the right to serve on a jury to ex-felons one year into their probation or parole unless they were convicted of certain crimes such as murder or rape. Under current law, ex-felons can have their civil rights restored if they have an honorable discharge from parole or probation, have their records sealed in court or are pardoned and specifically have their civil rights restored. SB131 Assistive Technology/Blind: Requires certain pharmacies to, upon request, provide a prescription reader or advice on obtaining a prescription reader. SB136: Makes various changes concerning health care. Creates the State of Nevada Advisory Council on Palliative Care and Quality of Life, authorizes the Council to apply for and accept certain money, and establishes the Palliative Care and Quality of Life Consumer and Professional Information and Education Program within the Department of Health and Human Services. SB176: Revises provisions relating to public safety. Requires certain peace officers to wear a portable event recording device while on duty, (Body Camera) SB177 Mental Health: Revises provisions governing the assignment of certain defendants to a program for treatment of mental illness. Revises the definition of “mental illness” to include hoarding disorder for the purpose of assigning defendants to a program for treatment of mental illness established by a district court. SB192: Establishes required hours of operation for certain mobile mental health units. Expands the hours of mobile mental health units in Clark and Washoe counties. The law requires mobile units to be available from 8 a.m. to midnight, seven days a week. SB360: Revises provisions relating to the protection of older persons, vulnerable persons and persons in need of a guardian. SB360 clarifies that immunity from prosecution for those who report suspected abuse or neglect of a vulnerable or elderly person does not extend to a person who was involved in the neglect or abuse. The maximum term of imprisonment for a person who abuses or neglects an elderly or vulnerable person is increased from 6 years to 20 years and a second or subsequent offense is a category B felony. The bill also establishes a Wards’ Bill of Rights and prescribes the manner in which it is to be made available to the public. The Wards’ Bill of Rights addresses several matters including, but not limited to: 1) Receiving proper legal representation; 2) Receiving proper notice of proceedings involving the ward; 3) Being involved in developing a plan for the ward’s care; 4) Giving due consideration to the ward’s preferences for health care, medical treatment, and religious and moral beliefs; 5) Remaining as independent as possible; and 6) Having control over his or her financial affairs. SB402: Restricts the use of certain disciplinary action on persons in confinement. SB402 revises provisions concerning when solitary confinement may be used on an offender who is held in a State, local, or regional facility, including private facilities. The bill requires hearings for those who may be subject to solitary confinement and prohibits the use of solitary confinement strictly due to a person’s mental illness or impairment. The use of solitary confinement must be limited to the shortest time possible to address the issue at hand, and an offender may petition the warden of the facility for early release from solitary confinement. Finally, an offender may request to be placed in solitary confinement to protect his or her safety. SB433: Revises provisions relating to guardianships. SB433 makes various changes to provisions governing guardianships, including replacing the term “ward” with the term “protected person.” Among the provisions addressed by this bill are those dealing with: 1) Visitation, communication, and interactions among protected persons and family members and other persons of natural affection; 2) Rights to petition the court for a violation regarding visitation, communication, and interactions among protected persons and family members and other persons of natural affection; 3) Notifications, including those involving changing the residence of a protected person and those concerning the death, impending death, or funeral arrangements of a protected person; 4) Imposition of damages for violating the rights of a protected person; 5) Appointment of a person to represent a protected person as a guardian ad litem and appointment of a person to represent an adult protected person; 6) Imposition of penalties for misappropriation of money from the estate of a protected person; 7) Removal of a guardian and appointment of an attorney to represent a protected person under certain circumstances; and 8) Changes to certain fees for filing petitions and recording such documents. SB447: Revises provisions relating to absentee voting. Authorizes a registered voter with a physical disability or who is at least 65 years of age to request absent ballots for all elections held after submission of the request. The Bill clarifies existing provisions relating to the written statement of a person who, at the request of the registered voter, either marks and signs an absent ballot or assists the voter in marking and signing his or her absent ballot. SB477: Enacts provisions relating to residential establishments for persons with disabilities. Prescribes certain requirements relating to the zoning of certain facilities that provide residential care and requires certain residential facilities for groups to be equipped with a residential fire sprinkler system. SB481: Creates the Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired. SB481 makes various changes to the Subcommittee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons with Speech Disabilities. Specifically, the bill: 1) Changes the Subcommittee’s name to the Nevada Commission for Persons Who Are Deaf, Hard of Hearing or Speech Impaired; 2) Requires the Governor to appoint the director of the Commission and provides the director serves without compensation; 3) Revises membership requirements and the duties of the Commission; and 4) Requires the Legislative Committee on Health Care to study during the 2017–2018 Interim, grants and other sources of money that may be available to transform the director position into a full-time, paid position. The Committee must report its findings to the Department of Health and Human Services, the Governor, and the director of the Legislative Counsel Bureau. SB491: Makes various changes relating to mechanical voting systems and mechanical recording devices. SJR6 Minimum Wage: Proposes to amend the Nevada Constitution to provide for certain increases in the minimum wage.SCR1 Housing: Directs the Legislative Commission to appoint a committee to conduct an interim study relating to affordable housing within the State of Nevada. APPROVED BUDGET BILLSSB544: Education Budget$299.5 million for class size reduction programs $386.5 million for special education students$25 million for grants in Career and Technical Education$41 million for the Read by 3 program $5 million for “Turnaround schools”$50 million for Victory Schools$9.8 million for the Great Teaching and Leadership Fund$5 million for a fund reimbursing teachers for school supplies they personally purchase$36.6 million for Adult High School Education programs$14.7 million to the Gifted and Talented education programs$45,000 per year funding for anti-bullying grantsSB545: Authorization Bill$6 billion for Nevada’s Medicaid program$115.6 million for Nevada Check-Up, the state’s Children’s Health Insurance Program (CHIP)$19.6 million for Southern Nevada adult mental health services$9.3 million for Northern Nevada adult mental health services$51.8 million for behavioral health prevention and treatment and another $1.3 million toward behavioral health administration$72.8 million toward the Department of Taxation’s Marijuana Regulation and Control Account$6.8 million for the Marijuana Health Registry$35.6 million for the Temporary Assistance for Needy Families$6.5 million to the Nevada Catalyst Fund$13 million to the Nevada Knowledge Fund$1.6 million to the Nevada Film Office$250,000 to the Achievement School District$21 million toward Career and Technical Education$8.3 million toward the GEAR Up program$4.4 million toward UNLV’s School of Medicine$8.5 million to Nevada College Savings TrustSB546: Capital Improvement Program$1.5 million to plan an additional housing unit at Southern Desert Correctional Center$3.5 million to plan an education building at Nevada State College$33 million to build a Northern Nevada Veterans Home$6 million to bring the Northern Nevada Correctional Center in compliance with the Americans with Disabilities Act$6.2 million to renovate a housing unit at Southern Desert Correctional Center$1.4 million for furnishings and equipment for the UNLV Hotel College$4.3 million for Stewart Indian School welcome centers$41.5 million in general obligation bonds for a UNR engineering building$1 million for advanced planning of a health sciences building at the College of Southern Nevada$34.2 million for a National Guard Readiness CenterAB518: Appropriations BillIt ensures that the Nevada Early Intervention Services program remains a program where service delivery is split between the community and the state. The model is several million dollars more expensive than the governor’s proposed change, but lawmakers opted not to implement his suggested revamp.It applies about $1.2 million for equipment that can support Meals on Wheels programs for homebound seniors.It stashes away an extra $1.3 million that the Autism Treatment and Assistance Program could tap into if it demonstrates there are enough autism treatment service providers to handle additional children in the program.It includes about $516,000 to provide payments for rural foster care families.It allocates about $684,000 to the Nevada System of Higher Education for cloud seeding.It applies about $700,000 to the Division of Parole and Probation for a pilot re-entry program for inmates. ................
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