Existing law requires the Department of Health and Human Services to administer Medicaid. (NRS 422.270) Section 1 of this bill requires the Director of the Department to include under Medicaid coverage for rehabilitative residential mental health care provided to certain recipients of Medicaid. Section 5 of this bill defines the term “rehabilitative residential mental health care” to mean community-based, medically monitored care provided in a residential setting that uses established rehabilitative principles to achieve certain goals relating to mental health. Section 6 of this bill applies that definition to provisions of existing law governing medical facilities and other related entities. Section 3 of this bill makes a conforming change to require the Director to administer the provisions of section 1 in the same manner as the provisions of existing law governing the State Plan for Medicaid. Section 17.5 of this bill makes appropriations to and authorizes expenditures by the Division of Health Care Financing and Policy of the Department for costs associated with providing the coverage required by section 1. Existing law provides for the licensure and regulation by the Division of Public and Behavioral Health of the Department of community-based living arrangement services, which are flexible, individualized services that are: (1) provided in the home, for compensation, to persons with mental illness; and (2) designed and coordinated to assist such persons in maximizing their independence. (NRS 449.0026, 449.0045, 449.030, 449.0302) Sections 2 and 4-16 of this bill similarly provide for the licensure and regulation of providers of rehabilitative residential mental health care. Section 8 requires such a provider to obtain a license as a facility for the dependent and comply with other requirements applicable to such facilities. Sections 7, 9 and 10 clarify that such a provider is separate from certain other types of facilities for the dependent. Section 11 requires the State Board of Health to adopt specific regulations governing providers of rehabilitative residential mental health care. Sections 12 and 15 provide for the inspection of buildings operated by such providers. Sections 13 and 14: (1) require periodic background investigations of the personnel of a provider of rehabilitative residential mental health care; and (2) authorize the suspension or revocation of the license of such a provider if the provider or an employee of the provider has been convicted of certain crimes. (NRS 449.174) Section 16 requires a provider of rehabilitative residential mental health care to notify a person receiving such care from the provider, his or her parent or legal guardian or another designated person upon the discovery by the Division of a deficiency affecting the health and safety of a patient. Section 4 requires such a provider to comply with provisions governing the reporting and investigation of sentinel events and the designation of patient safety officers. (NRS 439.800-439.890) Section 2 adds providers of rehabilitative residential mental health care to the list of facilities that the State Long-Term Care Ombudsman is required to investigate and assist. (NRS 427A.125-427A.165) Section 17 of this bill provides that a person is not required to be a licensed nurse to provide rehabilitative residential mental health care if the person is licensed pursuant to the provisions of this bill. Operating as a provider of rehabilitative residential mental health care without a license would be a misdemeanor. (NRS 449.210)

Statutes affected:
As Introduced: 232.320
Reprint 1: 427A.0292, 232.320, 439.803, 449.001, 449.0026, 449.0045, 449.0105, 449.017, 449.0302, 449.080, 449.089, 449.119, 449.131, 449.134, 632.316
Reprint 2: 427A.0292, 232.320, 439.803, 449.001, 449.0026, 449.0045, 449.0105, 449.017, 449.0302, 449.080, 449.089, 449.119, 449.131, 449.134, 632.316
As Enrolled: 427A.0292, 232.320, 439.803, 449.001, 449.0026, 449.0045, 449.0105, 449.017, 449.0302, 449.080, 449.089, 449.119, 449.131, 449.134, 632.316
BDR: 232.320