Existing law prescribes certain rights for a patient of a medical facility or a facility for the dependent. (NRS 449A.100-449A.124) Sections 2-7 of this bill establish the Right to Reproductive Health Care Act. Sections 4-5.5 of this bill define certain terms for purposes of the Act. Section 6 of this bill applies the provisions of the Act to certain state laws and all local laws and ordinances and the implementation of those laws and ordinances, regardless of when those laws or ordinances were enacted. Section 7 of this bill generally prohibits a governmental entity from enacting or implementing any limitation or requirement that singles out reproductive health services and substantially burdens: (1) the access of a person to reproductive health services, drugs or devices related to reproductive health services or information related to reproductive health services; or (2) the ability of a provider of health care to provide reproductive health services, drugs or devices related to reproductive health services or information related to reproductive health services within his or her scope of practice, training and experience. Section 7 creates an exception to such prohibitions if the governmental entity demonstrates by clear and convincing evidence that the burden, as applied to the person or provider of health care who is subject to the burden: (1) furthers a compelling interest; and (2) is the least restrictive means of furthering that interest. Section 7 authorizes a person whose ability to obtain or provide reproductive health services, drugs or devices related to reproductive health services or information related to reproductive health services is burdened to bring or defend an action in court and obtain appropriate relief. Section 7 requires a court to award costs and attorney's fees to a person who prevails on such a claim. Existing law requires the State Plan for Medicaid to include coverage for certain contraceptive drugs and devices, including: (1) up to a 12-month supply of contraceptive drugs; (2) certain devices for contraception; and (3) voluntary sterilization for women. (NRS 422.27172) Section 8 of this bill additionally requires the State Plan for Medicaid to cover: (1) voluntary sterilization for men; (2) clinical services relating to covered contraceptive drugs, devices and services; and (3) the cost of language translation services provided to facilitate the provision of covered contraceptive drugs, devices and services. Section 8 requires the Division of Health Care Financing and Policy of the Department of Health and Human Services to develop a methodology establishing a rate of compensation for such translation services that is cost effective and comparable to the rate paid for translation services by other governmental entities that arrange for the provision of such services. Section 8 also requires the State Plan to: (1) cover certain contraceptive services when provided by any provider of health care for whom the services are within his or her scope of practice, training and experience; (2) reimburse a provider of health care, other than a physician, physician assistant or advanced practice registered nurse, for providing such services at a rate that is not less than the rate provided to a physician, physician assistant or advanced practice registered nurse; and (3) cover such services regardless of whether the services are provided in an inpatient or outpatient setting. Section 20.5 of this bill makes appropriations to, and authorizes expenditures by, the Division for costs of providing Medicaid coverage for translation services and certain other purposes.

Statutes affected:
As Introduced: 422.27172, 687B.225, 687B.600, 687B.670, 689A.0418, 689B.0378, 689C.1676, 695A.1865, 695B.1919, 695C.1696, 695G.1715
Reprint 1: 422.27172
Reprint 2: 422.27172
As Enrolled: 422.27172
BDR: 422.27172, 687B.225, 687B.600, 687B.670, 689A.0418, 689B.0378, 689C.1676, 695A.1865, 695B.1919, 695C.1696, 695G.1715