Existing law provides for the licensure and regulation of various types of medical facilities and facilities for the dependent by the Division of Public and Behavioral Health of the Department of Health and Human Services. (Chapter 449 of NRS) Existing law requires an agency to provide personal care services in the home to be licensed by the Division as a facility for the dependent. (NRS 449.0045, 449.030) Existing law requires an employment agency that contracts with persons in this State to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home to obtain a license from the State Board of Health. (NRS 449.03005) Existing law requires an intermediary service organization to obtain a certificate from the Division. (NRS 449.431) Existing law requires the Board to adopt regulations governing agencies to provide personal care services in the home, employment agencies that contract to provide nonmedical services related to personal care to elderly persons and persons with disabilities and intermediary service organizations. (NRS 449.03005, 449.0302, 449.4309) This bill transfers the provisions of law governing agencies to provide personal care services in the home, employment agencies that contract to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home and intermediary service organizations from the chapter of the Nevada Revised Statutes that generally governs medical facilities and facilities for the dependent to a new chapter in the Nevada Revised Statutes without changing the current substantive provisions that govern such agencies and organizations. Sections 2-19, 24-49, 51-60, 69-79 and 81-90 of this bill create a new chapter consisting of provisions for the licensure and regulation of such entities in a manner identical to the manner in which those entities are licensed and regulated under existing law. Sections 94, 96-104 and 150 of this bill eliminate provisions governing those entities from the chapter of the Nevada Revised Statutes that regulates medical facilities and facilities for the dependent. Sections 93, 111, 113, 117, 118, 120-123, 126-133, 138 and 146 of this bill eliminate references to sections repealed by section 150. Sections 91, 92, 95 and 105-146 of this bill make various conforming changes so that the legal status of agencies to provide personal care services in the home, employment agencies that contract to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home and intermediary service organizations is not changed by this bill. Existing federal law requires each state to adopt procedures to ensure that applicants for certain licenses and certificates comply with child support obligations, including by requiring an applicant for such a license to provide his or her social security number. (42 U.S.C. § 666) Sections 20, 21 and 50 of this bill enact such procedures as applicable to an applicant for the issuance or renewal of a license to operate an agency to provide personal care services in the home or an employment agency that contracts to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home in order to comply with federal law. Section 23 of this bill establishes alternate provisions for such an applicant who does not have a social security number. Section 22 of this bill also requires an applicant for the renewal of such a license to provide certain information for the purpose of identifying persons who owe certain debts to the State. Sections 65, 69, 74 and 76 of this bill establish similar provisions for intermediary service organizations, which were carried over from existing law. (NRS 449.4312, 449.4313, 449.4315, 449.432, 449.4322) Existing law requires: (1) an agency to provide personal care services in the home to file with the Administrator of the Division a surety bond or a substitute for a surety bond; and (2) an applicant for a license to operate an agency to provide personal care services in the home to undergo a criminal background check. (NRS 449.065, 449.067, 449.122) Sections 67, 68 and 80 of this bill impose similar requirements on intermediary service organizations. Section 147 of this bill requires the Legislative Counsel to move regulations specifically relating to such entities to a new chapter of the Nevada Administrative Code that corresponds to the new chapter of the Nevada Revised Statutes created by sections 2-90. Section 147 also: (1) requires the Board to adopt new regulations to replace other regulations relating to those entities that remain in the chapter of the Nevada Administrative Code governing medical facilities and facilities for the dependent; and (2) provides that those existing regulations remain in effect until the Board adopts new regulations to replace them. Section 148 of this bill clarifies that this bill does not affect the validity of: (1) licenses or certificates to operate agencies to provide personal care services in the home, employment agencies that contract to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home and intermediary service organizations; (2) certain training completed by the operators, employees and contractors of such entities; or (3) disciplinary actions taken against such entities.

Statutes affected:
As Introduced: 439.942, 439B.225, 449.030, 449.0045, 449.03013, 449.0304, 449.065, 449.067, 449.089, 449.093, 449.119, 449.174, 449.1824, 449.194, 449A.031, 457.240, 21.130, 107.080, 118A.335, 162A.740, 179A.075, 200.471, 200.5093, 200.5095, 232.320, 232.359, 232B.237, 239.010, 287.500, 422.272407, 422.3792, 422.3965, 427A.175, 427A.906, 435.450, 608.0195, 608.510, 608.530, 608.570, 608.580, 608.590, 608.600, 630.024, 630.060, 630.253, 630A.110, 632.343, 632.472, 633.191, 633.471, 641.220, 641A.260, 641B.280, 641C.450, 641D.360, 652.074
BDR: 439.942, 439B.225, 449.030, 449.0045, 449.03013, 449.0304, 449.065, 449.067, 449.089, 449.093, 449.119, 449.174, 449.1824, 449.194, 449A.031, 457.240, 21.130, 107.080, 118A.335, 162A.740, 179A.075, 200.471, 200.5093, 200.5095, 232.320, 232.359, 232B.237, 239.010, 287.500, 422.272407, 422.3792, 422.3965, 427A.175, 427A.906, 435.450, 608.0195, 608.510, 608.530, 608.570, 608.580, 608.590, 608.600, 630.024, 630.060, 630.253, 630A.110, 632.343, 632.472, 633.191, 633.471, 641.220, 641A.260, 641B.280, 641C.450, 641D.360, 652.074