Existing law requires the Advisory Board on Maternal and Child Health, the Division of Public and Behavioral Health of the Department of Health and Human Services and the University of Nevada School of Medicine to take certain actions to monitor, prevent, identify and treat fetal alcohol syndrome. (NRS 442.137, 442.385, 442.390, 442.420) Existing law also provides that, if a pregnant woman is referred to the Division by a provider of health care or other services for information relating to programs for the prevention and treatment of fetal alcohol syndrome, any report relating to the referral or other associated documentation is confidential and not to be used in any criminal prosecution of the woman. (NRS 442.395) Sections 2-6 of this bill expand the applicability of those provisions to apply to all fetal alcohol spectrum disorders. Section 1 of this bill defines the term “fetal alcohol spectrum disorder” for the purposes of provisions relating to maternal and child health to mean a continuum of birth defects caused by maternal consumption of alcohol during pregnancy. Existing law requires the Department to administer Medicaid. (NRS 422.270) Section 6.7 of this bill requires the Director of the Department, to the extent that federal financial participation is available, to include under Medicaid coverage for certain supports and services provided to recipients of Medicaid with fetal alcohol spectrum disorders. Section 6.7 also authorizes the Department to apply to the Federal Government for any waiver granted pursuant to federal law or amendment necessary to the State Plan for Medicaid to receive federal funding to include such coverage in the State Plan. Section 6.3 of this bill makes a conforming change to indicate that the provisions of section 6.7 will be administered in the same manner as the provisions of existing law governing Medicaid. Section 7.5 of this bill makes an appropriation to the Division of Health Care Financing and Policy of the Department of Health and Human Services and authorizes certain related expenditures to carry out the provisions of section 6.7. Existing law defines “developmental disability” for the purpose of provisions governing services for persons with developmental disabilities as a neurological condition that manifests before a person attains the age of 22 years, is likely to continue indefinitely and results in substantial functional limitations. (NRS 435.007) Section 7 of this bill provides that a fetal alcohol spectrum disorder is a developmental disability.

Statutes affected:
As Introduced: 442.003, 442.137, 442.385, 442.390, 442.395, 442.420, 435.007
Reprint 1: 442.003, 442.137, 442.385, 442.390, 442.395, 442.420, 232.320, 435.007
Reprint 2: 442.003, 442.137, 442.385, 442.390, 442.395, 442.420, 232.320, 435.007
As Enrolled: 442.003, 442.137, 442.385, 442.390, 442.395, 442.420, 232.320, 435.007
BDR: 442.003, 442.137, 442.385, 442.390, 442.395, 442.420, 435.007