Nevada Senate Bill SB298

Nevada 2023 Regular Session

• Introduced: 3/16/23
• Refer: 3/16/23
• Report Pass: 4/24/23
• Engrossed: 4/26/23
• Refer: 4/26/23
• Report Pass: 5/19/23
• Enrolled: 5/26/23
• Chaptered: 5/31/23
• Passed: 5/31/23

Caption

Revises provisions governing the involuntary discharge of a resident from a residential facility for groups. (BDR 40-301)

Impact

The bill introduces significant changes to the procedural requirements for involuntary discharges. Specifically, it limits the grounds under which a resident can be involuntarily discharged to specific conditions including safety threats or inability to meet the resident's needs. Additionally, it mandates that facilities provide residents and their representatives assistance in their relocation process, fostering a more supportive transition. This means that residents will now have a clear path and recourse to address potential evictions, enhancing their legal protections against arbitrary discharges and thereby advocating for their rights.

Summary

Senate Bill 298, also known as SB298, addresses various regulations concerning the operation of residential facilities for groups in Nevada. The primary purpose of the bill is to enhance protections for residents, particularly concerning involuntary discharges from such facilities. Under this bill, these facilities are required to give at least 30 days' written notice prior to discharging a resident involuntarily and must provide a justifiable reason for such action. This aligns with existing federal requirements aimed at safeguarding the rights of residents in long-term care settings.

Contention

Notably, SB298 prohibits owners or employees of the facilities from representing residents in discharge matters unless they are related to the resident. This provision aims to prevent potential conflicts of interest and ensure that residents have an advocate who is genuinely looking out for their best interests. However, there may be concerns raised by facility operators regarding the increased regulatory burden and the potential implications on their operational flexibility. The balance between facilitating resident autonomy and ensuring smooth facility operations could spark debate among stakeholders.