Existing law requires the Division of Public and Behavioral Health of the Department of Health and Human Services and district, county and city health departments to perform certain functions relating to public health in this State, including certain duties relating to the control of communicable diseases. (NRS 439.150-439.265, 439.340, 439.350, 439.360, 439.366, 439.367, 439.3675, 439.405, 439.410, 439.460, 439.470) Existing law also requires a district health officer or the Chief Medical Officer to perform certain duties relating to the control of communicable diseases. (Chapter 441A of NRS) Existing law prescribes certain responsibilities of the Division of Health Care Financing and Policy of the Department concerning the administration of the Medicaid program. (NRS 422.061, 422.063) Section 1 of this bill requires the Department and all district, county and city boards of health to develop policies to provide uninterrupted services during a public health emergency to persons who have been diagnosed with the human immunodeficiency virus or persons who are at a high risk of acquiring the human immunodeficiency virus. Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes. Existing law requires the Director of the Department of Corrections to establish standards for the medical and dental services of each institution or facility under the control of the Department. (NRS 209.381) Existing law also requires a sheriff, chief of police or town marshal to arrange for the administration of medical care required by prisoners while in his or her custody. (NRS 211.140) Sections 11 and 12 of this bill impose certain requirements on the operators of public and private prisons, jails and detention facilities to ensure the access of prisoners to treatment for human immunodeficiency virus and methods of preventing the acquisition of human immunodeficiency virus. Existing law prohibits a prisoner from using, propelling, discharging, spreading or concealing human excrement or bodily fluid with intent or under circumstances where it is reasonably likely that the excrement or fluid will come in contact with another person. Under most circumstances, a violation is a gross misdemeanor, a category D felony or a category B felony, depending on the circumstances of the prisoner's confinement. However, if the prisoner knew at the time of the offense that any portion of the excrement or bodily fluid contained a communicable disease that causes or is reasonably likely to cause substantial bodily harm, the violation is a category A felony, regardless of whether the communicable disease was transmitted. (NRS 212.189) Section 13 of this bill instead provides that such a violation is only a category A felony where: (1) the communicable disease was likely to be transmitted by his or her conduct; and (2) the communicable disease was actually transmitted as a result of the conduct. Section 78 of this bill provides that the provisions of section 13 apply retroactively to violations that occurred before the effective date of that section, if the person who committed the violation has not been convicted before that date. Existing law requires public and private health plans, including Medicaid and health plans for state government employees, to cover an examination and testing of a pregnant woman for Chlamydia trachomatis, gonorrhea, hepatitis B, hepatitis C and syphilis. (NRS 287.04335, 422.27173, 689A.0412, 689B.0315, 689C.1675, 695A.1856, 695B.1913, 695C.1737, 695G.1714) Sections 16, 22, 34, 42, 47, 52, 55, 60, 65, 67 and 72 of this bill additionally require such insurance plans to cover: (1) testing for, treatment of and prevention of sexually transmitted diseases; and (2) condoms for certain covered persons. Existing law requires certain public and private health plans, including health plans for state government employees, to cover drugs that prevent the acquisition of human immunodeficiency virus and any related laboratory or diagnostic procedures. (NRS 287.010, 287.04335, 689A.0437, 689B.0312, 689C.1671, 695A.1843, 695B.1924, 695C.1743, 695G.1705) Sections 31, 37, 44, 51, 57, 62, 68 and 74 of this bill require such insurance plans to cover all such drugs approved by the United States Food and Drug Administration and all drugs approved by the Food and Drug Administration for treating human immunodeficiency virus or hepatitis C without restrictions, other than step therapy. Sections 23, 37, 44, 51, 57, 62, 68 and 74 of this bill require such insurance plans to: (1) cover any service to test for, prevent or treat those diseases provided by a provider of primary care if the service is covered when provided by a specialist and certain other requirements are met; and (2) reimburse an advanced practice registered nurse or a physician assistant for such services at a rate equal to that provided to a physician. Sections 16, 20, 31, 33, 41, 46, 52, 54, 59, 64, 67 and 71 impose similar requirements regarding: (1) coverage of certain drugs approved by the Food and Drug Administration to treat substance use disorder; (2) coverage of services for the treatment of substance use disorder provided by a provider of primary care; and (3) reimbursement for such services provided by an advanced practice registered nurse. Sections 14.5-15.5 of this bill make conforming changes to exempt local governmental agencies that provide health insurance to employees through a plan of self-insurance from the amendatory provisions of section 44 while maintaining existing requirements that apply to such insurance. Sections 36, 38, 49 and 50 of this bill make conforming changes to indicate that the coverage required by sections 33 and 46 is in addition to certain coverage of services for the treatment of substance use disorder that certain insurers are required by existing law to provide. Sections 14 and 39 of this bill make conforming changes to indicate the proper placement of sections 20, 22, 33 and 34 in the Nevada Revised Statutes. Section 69 of this bill authorizes the Commissioner of Insurance to suspend or revoke the certificate of a health maintenance organization that fails to comply with the requirements of section 64 or 65. The Commissioner would also be authorized to take such action against any health insurer who fails to comply with the requirements of sections 33, 34, 37, 41-44, 46, 47, 50, 54-57, 59-62, 67, 68 or 71-74 of this bill. (NRS 680A.200, 695C.330) Existing law requires the Department of Health and Human Services to develop a list of preferred prescription drugs to be used for the Medicaid program. Existing law requires the Department to: (1) include on that list drugs for the prevention of human immunodeficiency virus; and (2) include drugs prescribed to treat the human immunodeficiency virus on a list of drugs that are excluded from the restrictions imposed on drugs that are on the list of preferred prescription drugs. (NRS 422.4025) Section 25 of this bill requires the Medicaid program to cover a prescription drug that is not on the list of preferred prescription drugs if the drug is: (1) used to treat hepatitis C, used to provide medication-assisted treatment for opioid use disorder, used to support safe withdrawal from substance use disorder or is in the same class as a prescription drug on the list of preferred prescription drugs; and (2) is unsuitable for a recipient of Medicaid for certain reasons. Existing law requires physicians, osteopathic physicians, physician assistants and nurses to complete certain continuing education in order to renew their licenses. (NRS 630.253, 632.343, 633.471) Sections 28-30 and 75 of this bill require such a provider of health care who provides or supervises the provision of emergency medical care or primary care in a hospital to complete before the first renewal of their license or, for currently practicing providers, the next renewal of their license, at least 2 hours of training in stigma, discrimination and unrecognized bias toward persons who have acquired or are at a high risk of acquiring human immunodeficiency virus. Section 27 of this bill authorizes any provider of health care to use training in that subject in place of not more than 2 hours of any other training that the provider is required to complete, other than continuing education relating to ethics. Senate Bill No. 275 of the 2021 Legislative Session repealed certain criminal offenses for which an element of the offense was having the human immunodeficiency virus. (Section 24, chapter 491, Statutes of Nevada 2021, at page 3199) Section 77 of this bill provides that the repeal of those offenses applies retroactively to violations that occurred before the effective date of Senate Bill No. 275.

Statutes affected:
As Introduced: 441A.334, 179.241, 179.245, 179.2595, 179.271, 179.275, 179.285, 179.295, 212.189, 232.320, 287.010, 287.04335, 389.036, 389.520, 422.27173, 422.27235, 422.401, 422.4025, 608.156, 629.093, 630.253, 632.343, 633.471, 687B.225, 689A.030, 689A.0437, 689A.046, 689A.330, 689B.0312, 689C.166, 689C.167, 689C.1671, 689C.425, 695A.1843, 695B.1924, 695C.050, 695C.1743, 695C.330, 695G.1705
Reprint 1: 441A.334, 212.189, 232.320, 287.010, 287.040, 287.04335, 389.036, 389.520, 422.27173, 422.27235, 422.4025, 608.156, 629.093, 630.253, 632.343, 633.471, 687B.225, 689A.030, 689A.0437, 689A.046, 689A.330, 689B.0312, 689C.166, 689C.167, 689C.1671, 689C.425, 695A.1843, 695B.1924, 695C.050, 695C.1743, 695C.330, 695G.1705
Reprint 2: 441A.334, 212.189, 232.320, 287.010, 287.040, 287.04335, 422.27173, 422.27235, 422.4025, 608.156, 629.093, 630.253, 632.343, 633.471, 687B.225, 689A.030, 689A.0437, 689A.046, 689A.330, 689B.0312, 689C.166, 689C.167, 689C.1671, 689C.425, 695A.1843, 695B.1924, 695C.050, 695C.1743, 695C.330, 695G.1705
Reprint 3: 441A.334, 212.189, 232.320, 287.010, 287.040, 287.04335, 422.27173, 422.27235, 422.4025, 608.156, 629.093, 630.253, 632.343, 633.471, 687B.225, 689A.030, 689A.0437, 689A.046, 689A.330, 689B.0312, 689C.166, 689C.167, 689C.1671, 689C.425, 695A.1843, 695B.1924, 695C.050, 695C.1743, 695C.330, 695G.1705
As Enrolled: 441A.334, 212.189, 232.320, 287.010, 287.040, 287.04335, 422.27173, 422.27235, 422.4025, 608.156, 629.093, 630.253, 632.343, 633.471, 687B.225, 689A.030, 689A.0437, 689A.046, 689A.330, 689B.0312, 689C.166, 689C.167, 689C.1671, 689C.425, 695A.1843, 695B.1924, 695C.050, 695C.1743, 695C.330, 695G.1705
BDR: 441A.334, 179.241, 179.245, 179.2595, 179.271, 179.275, 179.285, 179.295, 212.189, 232.320, 287.010, 287.04335, 389.036, 389.520, 422.27173, 422.27235, 422.401, 422.4025, 608.156, 629.093, 630.253, 632.343, 633.471, 687B.225, 689A.030, 689A.0437, 689A.046, 689A.330, 689B.0312, 689C.166, 689C.167, 689C.1671, 689C.425, 695A.1843, 695B.1924, 695C.050, 695C.1743, 695C.330, 695G.1705