REQUIRES TWO-THIRDS MAJORITY VOTE (§ 2 & NRS 439.150) A.B. 326 - *AB326* ASSEMBLY BILL NO. 326–ASSEMBLYMEMBERS KOENIG; COLE AND TORRES-FOSSETT MARCH 3, 2025 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to the designation of hospitals as centers for the treatment of trauma. (BDR 40-153) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§ 2) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to health care; requiring the State Board of Health to adopt regulations establishing the designation of centers for the treatment of trauma as level I, II, III or IV; authorizing the State Board to adopt regulations establishing additional designations; requiring approval before a center for the treatment of trauma increases its designated level; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires that before operating a center for the treatment of trauma, 1 a hospital must obtain the approval of the Administrator of the Division of Public 2 and Behavioral Health of the Department of Health and Human Services and, if the 3 hospital is located in a county whose population is 700,000 or more (currently only 4 Clark County), the district board of health. (NRS 450B.236, 450B.237) Existing 5 law also requires the Administrator to verify that a hospital meets certain standards 6 and complete a comprehensive assessment of needs before approving a proposal to 7 designate a hospital as a center for the treatment of trauma. (NRS 450B.237) 8 Existing regulations authorize the Administrator to designate a center for the 9 treatment of trauma as level I, II or III. (NAC 450B.780-450B.875) Section 2 of 10 this bill incorporates those designations into existing law and additionally 11 authorizes the designation of a critical access hospital as a level IV center for the 12 treatment of trauma. Section 2 additionally requires a hospital that wishes to 13 increase the level of treatment provided by an existing center for the treatment of 14 trauma to submit to a similar application and approval process as a hospital 15 – 2 – - *AB326* applying for initial designation as a center for the treatment of trauma. Section 1 of 16 this bill prohibits the operator of a center for the treatment of trauma from 17 representing that the center for the treatment of trauma provides a level of treatment 18 unless the center has been designated by the Administrator to provide that level of 19 treatment. 20 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 450B.236 is hereby amended to read as 1 follows: 2 450B.236 A person shall not [operate] : 3 1. Operate a center for the treatment of trauma without first 4 applying for and obtaining the written approval of the Administrator 5 of the Division. 6 2. Represent that a center for the treatment of trauma 7 operated by the person provides a level of treatment unless the 8 center for the treatment of trauma has been designated by the 9 Administrator of the Division to provide that level of treatment. 10 Sec. 2. NRS 450B.237 is hereby amended to read as follows: 11 450B.237 1. The board shall establish a program for treating 12 persons who require treatment for trauma and for transporting and 13 admitting such persons to centers for the treatment of trauma. The 14 program must provide for the development, operation and 15 maintenance of a system of communication to be used in 16 transporting such persons to the appropriate centers. 17 2. The State Board of Health shall adopt regulations which 18 establish the standards for the designation of hospitals as centers for 19 the treatment of trauma. The State Board of Health shall consider 20 the standards adopted by the American College of Surgeons for a 21 center for the treatment of trauma as a guide for such regulations. 22 The regulations must: 23 (a) Provide for the designation of centers for the treatment of 24 trauma as level I, II, III and IV and may establish additional 25 designations. 26 (b) Limit the designation of level IV to critical access hospitals. 27 3. The Administrator of the Division shall not approve a 28 proposal to designate a hospital as a center for the treatment of 29 trauma or to increase the level of the designation of an existing 30 center for the treatment of trauma unless: 31 (a) The hospital meets the applicable standards established 32 pursuant to this subsection; and 33 (b) The Administrator determines, after conducting a 34 comprehensive assessment of needs, that the proposed center for the 35 treatment of trauma or the existing center for the treatment of 36 – 3 – - *AB326* trauma which proposes to increase the level of its designation, as 1 applicable, will operate in an area that is experiencing a shortage of 2 trauma care. Such an assessment of needs must include, without 3 limitation, consideration of: 4 (1) The impact of the proposed center for the treatment of 5 trauma or the increase in the level of treatment provided by the 6 existing center of the treatment of trauma, as applicable, on the 7 capacity of existing hospitals to provide for the treatment of trauma; 8 (2) The number and locations of cases of trauma that have 9 occurred during the previous 5 calendar years in the county in which 10 the proposed center for the treatment of trauma will be located or in 11 which the existing center for the treatment of trauma is located, as 12 applicable, and the level of treatment that was required for those 13 cases; 14 (3) Any identified need for an additional center for the 15 treatment of trauma or an increase in the level of treatment 16 provided by the existing center for the treatment of trauma, as 17 applicable, in the county in which the proposed center for the 18 treatment of trauma will be located [;] or in which the existing 19 center for the treatment of trauma is located, as applicable; and 20 (4) Any additional criteria recommended by the American 21 College of Surgeons or its successor organization, other than criteria 22 related to community support for the proposed or existing trauma 23 center. 24 [3.] 4. Each district board of health in a county whose 25 population is 700,000 or more shall adopt: 26 (a) Regulations which establish the standards for the designation 27 of hospitals in the county as centers for the treatment of trauma 28 which are consistent with the regulations adopted by the State Board 29 of Health pursuant to subsection 2; and 30 (b) A plan for a comprehensive trauma system concerning the 31 treatment of trauma in the county, which includes, without 32 limitation, consideration of the future trauma needs of the county, 33 consideration of and plans for the development and designation of 34 new centers for the treatment of trauma in the county based on the 35 demographics of the county and the manner in which the county 36 may most effectively provide trauma services to persons in the 37 county. 38 [4.] 5. A district board of health in a county whose population 39 is 700,000 or more shall not approve a proposal to designate a 40 hospital as a center for the treatment of trauma or to increase the 41 level of the designation of an existing center of the treatment of 42 trauma unless: 43 (a) The hospital meets the standards established pursuant to 44 subsection [3;] 4; 45 – 4 – - *AB326* (b) The proposal has been approved by the Administrator of the 1 Division pursuant to subsection [2;] 3; and 2 (c) The district board of health concludes, based on the plan 3 adopted pursuant to paragraph (b) of subsection [3,] 4, that the 4 proposed center for the treatment of trauma or the proposed 5 increase in the level of treatment provided by the existing center 6 for the treatment of trauma, as applicable, will not negatively 7 impact the capacity of existing centers for the treatment of trauma in 8 the county. 9 [5.] 6. Upon approval by the Administrator of the Division 10 and, if the hospital is located in a county whose population is 11 700,000 or more, the district board of health of the county in which 12 the hospital is located, of a proposal to designate a hospital as a 13 center for the treatment of trauma, the Administrator of the Division 14 shall issue written approval which designates the hospital as such a 15 center. As a condition of continuing designation of the hospital as a 16 center for the treatment of trauma, the hospital must comply with 17 the following requirements: 18 (a) The hospital must admit any injured person who requires 19 medical care. 20 (b) Any physician who provides treatment for trauma must be 21 qualified to provide that treatment. 22 (c) The hospital must maintain the standards specified in the 23 regulations adopted pursuant to subsections 2 and [3.] 4. 24 7. As used in this section, “critical access hospital” means a 25 hospital which has been certified as a critical access hospital by 26 the Secretary of Health and Human Services pursuant to 42 27 U.S.C. 1395i-4(e). 28 Sec. 3. The provisions of NRS 354.599 do not apply to any 29 additional expenses of a local government that are related to the 30 provisions of this act. 31 Sec. 4. 1. This section and section 3 of this act become 32 effective upon passage and approval. 33 2. Sections 1 and 2 of this act become effective: 34 (a) Upon passage and approval for the purpose of adopting any 35 regulations and performing any other preparatory administrative 36 tasks that are necessary to carry out the provisions of this act; and 37 (b) On January 1, 2026, for all other purposes. 38 H