(Reprinted with amendments adopted on April 16, 2025)
FIRST REPRINT S.B. 138
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SENATE BILL NO. 138–SENATOR CANNIZZARO
PREFILED JANUARY 30, 2025
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Referred to Committee on Health and Human Services
SUMMARY—Makes revisions governing health care for pregnant
women and newborn children. (BDR 40-580)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§§ 2.4, 2.6)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to Medicaid; requiring certain hospitals to enroll
as a qualified provider for determining whether a pregnant
woman is presumptively eligible for Medicaid; requiring
such hospitals to provide notices relating to Medicaid to
certain persons; prescribing certain rights for parents and
legal guardians of newborn children who are patients in a
neonatal intensive care unit of a hospital; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires certain hospitals to enter into agreements with the United 1
States Secretary of Health and Human Services to accept payment through 2
Medicare. (NRS 449.1821) Existing law also requires the Director of the 3
Department of Health and Human Services to authorize a pregnant woman who is 4
determined to be presumptively eligible for Medicaid to enroll in Medicaid for a 5
specified period of time without submitting an application for enrollment in 6
Medicaid which includes additional proof of eligibility. (NRS 422.27171) Section 7
2.4 of this bill requires a hospital that provides birthing services to: (1) enroll as a 8
qualified provider to determine whether a pregnant woman is presumptively 9
eligible for Medicaid; (2) determine whether each pregnant woman seeking 10
services from the hospital is presumptively eligible for Medicaid; and (3) notify a 11
pregnant woman and the parent or legal guardian of certain newborn children of 12
federal benefits that the woman or child, as applicable, may be eligible to receive. 13
Existing law establishes certain rights for patients of medical facilities and 14
facilities for the dependent. (NRS 449A.100-449A.124) Section 2.6 of this bill 15
establishes certain rights of a parent or legal guardian of a newborn child who is 16
receiving care in a neonatal intensive care unit of a hospital. Section 2.2 of this bill 17
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authorizes the suspension or revocation of the license of a hospital that fails to 18
honor such rights. 19
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.) 1
Sec. 2. (Deleted by amendment.) 2
Sec. 2.2. NRS 449.160 is hereby amended to read as follows: 3
449.160 1. The Division may deny an application for a 4
license or may suspend or revoke any license issued under the 5
provisions of NRS 449.029 to 449.2428, inclusive, upon any of the 6
following grounds: 7
(a) Violation by the applicant or the licensee of any of the 8
provisions of NRS 439B.410, 449.029 to 449.245, inclusive, or 9
449A.100 to 449A.124, inclusive, and section 2.6 of this act, and 10
449A.270 to 449A.286, inclusive, or of any other law of this State 11
or of the standards, rules and regulations adopted thereunder. 12
(b) Aiding, abetting or permitting the commission of any illegal 13
act. 14
(c) Conduct inimical to the public health, morals, welfare and 15
safety of the people of the State of Nevada in the maintenance and 16
operation of the premises for which a license is issued. 17
(d) Conduct or practice detrimental to the health or safety of the 18
occupants or employees of the facility. 19
(e) Failure of the applicant to obtain written approval from the 20
Director of the Department of Health and Human Services as 21
required by NRS 439A.100 or 439A.102 or as provided in any 22
regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, 23
and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such 24
approval is required, including, without limitation, the closure or 25
conversion of any hospital in a county whose population is 100,000 26
or more that is owned by the licensee without approval pursuant to 27
NRS 439A.102. 28
(f) Failure to comply with the provisions of NRS 441A.315 and 29
any regulations adopted pursuant thereto or NRS 449.2486. 30
(g) Violation of the provisions of NRS 458.112. 31
(h) Failure to comply with the provisions of NRS 449A.170 to 32
449A.192, inclusive, and any regulation adopted pursuant thereto. 33
(i) Violation of the provisions of NRS 629.260. 34
2. In addition to the provisions of subsection 1, the Division 35
may revoke a license to operate a facility for the dependent if, with 36
respect to that facility, the licensee that operates the facility, or an 37
agent or employee of the licensee: 38
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(a) Is convicted of violating any of the provisions of 1
NRS 202.470; 2
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 3
244.360, 244.3603 or 268.4124; or 4
(c) Is ordered by the appropriate governmental agency to correct 5
a violation of a building, safety or health code or regulation but fails 6
to correct the violation. 7
3. The Division shall maintain a log of any complaints that it 8
receives relating to activities for which the Division may revoke the 9
license to operate a facility for the dependent pursuant to subsection 10
2. The Division shall provide to a facility for the care of adults 11
during the day: 12
(a) A summary of a complaint against the facility if the 13
investigation of the complaint by the Division either substantiates 14
the complaint or is inconclusive; 15
(b) A report of any investigation conducted with respect to the 16
complaint; and 17
(c) A report of any disciplinary action taken against the facility. 18
The facility shall make the information available to the public 19
pursuant to NRS 449.2486. 20
4. On or before February 1 of each odd-numbered year, the 21
Division shall submit to the Director of the Legislative Counsel 22
Bureau a written report setting forth, for the previous biennium: 23
(a) Any complaints included in the log maintained by the 24
Division pursuant to subsection 3; and 25
(b) Any disciplinary actions taken by the Division pursuant to 26
subsection 2. 27
Sec. 2.4. NRS 449.1821 is hereby amended to read as follows: 28
449.1821 1. A hospital, other than a psychiatric hospital, 29
critical access hospital or rural hospital, shall enter into an 30
agreement with the United States Secretary of Health and Human 31
Services pursuant to 42 U.S.C. § 1395cc to accept payment through 32
Medicare. 33
2. A hospital that provides birthing services shall: 34
(a) Enroll as a qualified provider to determine whether a 35
pregnant woman is presumptively eligible for Medicaid pursuant 36
to NRS 422.27171; 37
(b) Determine whether each pregnant woman seeking services 38
from the hospital is presumptively eligible for Medicaid; and 39
(c) If a child is born prematurely, with a low birth weight or 40
with any other condition that qualifies the child for benefits under 41
the Supplemental Security Income Program, ensure that the 42
parent or legal guardian of the child receives written notice that 43
the child may be eligible to receive benefits under the 44
Supplemental Security Income Program and Medicaid. 45
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3. If a qualified member of the staff of a hospital determines 1
that a pregnant woman is: 2
(a) Presumptively eligible for Medicaid, the hospital shall 3
provide the pregnant woman with written information concerning 4
Medicaid. The written information must include, without 5
limitation: 6
(1) The dates on which the presumptive eligibility period 7
begins and ends; 8
(2) A summary of the benefits provided by Medicaid; and 9
(3) Details on the process to apply for enrollment in 10
Medicaid beyond the presumptive eligibility period. 11
(b) Not presumptively eligible for Medicaid, the hospital shall 12
provide the pregnant woman with an explanation of the reason 13
she is not eligible and information on submitting an application to 14
enroll in Medicaid. 15
4. As used in this section: 16
(a) “Presumptive eligibility period” has the meaning ascribed 17
to it in 42 U.S.C. § 1396r-1(b)(1). 18
(b) “Qualified provider” has the meaning ascribed to it in 42 19
U.S.C. § 1396r-1(b)(2). 20
(c) “Supplemental Security Income Program” has the 21
meaning ascribed to it in NRS 422A.075. 22
Sec. 2.6. Chapter 449A of NRS is hereby amended by adding 23
thereto a new section to read as follows: 24
The parent or legal guardian of a newborn child who is 25
receiving care in a neonatal intensive care unit of a hospital has 26
the right to: 27
1. Receive clear, honest and timely updates concerning the 28
condition, treatment plan and prognosis of the newborn child in a 29
language that the parent or legal guardian understands. 30
2. Be near the newborn child, except in emergency situations 31
or if other safety concerns exist, and participate in the daily 32
rounds and decision making relating to the child. 33
3. Be informed of and provide consent to all treatments for 34
and procedures performed on the newborn child, except in 35
emergency situations. 36
4. As medically appropriate, hold and touch the newborn 37
child. 38
5. Access lactation support, receive information on 39
breastfeeding and the expression of breast milk and access options 40
for the safe storage of breast milk that are within the existing 41
capabilities of the hospital, if the parent or legal guardian chooses 42
to breastfeed the newborn child. 43
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6. Receive information concerning resources relating to the 1
mental health of the parent or legal guardian, including, without 2
limitation, support groups, counseling services or peer networks. 3
7. Ask questions and voice concerns to the medical staff of 4
the hospital. 5
8. Request and, when feasible, receive accommodations for 6
religious or cultural needs, including, without limitation, spiritual 7
support or dietary needs. 8
9. Be informed concerning the process for discharge from the 9
hospital and any potential long-term needs of the newborn child. 10
10. Receive guidance on applying for and receiving benefits 11
under private insurance, the Supplemental Security Income 12
Program, as defined in NRS 422A.075, and Medicaid, where 13
applicable. 14
11. An environment in the hospital that acknowledges the 15
role of the parent or legal guardian as a caregiver, including, 16
without limitation, reasonable accommodations for the comfort 17
and privacy of the parent or legal guardian and the ability of the 18
parent or legal guardian to communicate with the medical staff 19
and others. 20
Sec. 3. 1. This section becomes effective upon passage and 21
approval. 22
2. Sections 1 to 2.6, inclusive, of this act become effective: 23
(a) Upon passage and approval for the purpose of adopting any 24
regulations and performing any other preparatory administrative 25
tasks that are necessary to carry out the provisions of this act; and 26
(b) On January 1, 2026, for all other purposes. 27
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