EXEMPT (Reprinted with amendments adopted on April 14, 2025) FIRST REPRINT S.B. 185 - *SB185_R1* SENATE BILL NO. 185–SENATORS TAYLOR; AND KRASNER PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to Medicaid coverage for care of disabled or chronically ill children. (BDR 38-760) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to health care; requiring Medicaid to cover personal care services provided to certain recipients of Medicaid; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires Medicaid to cover certain home and community-based 1 services for persons with physical disabilities, including personal care services in 2 the home. (NRS 422.272407, 422.396) Section 1 of this bill requires Medicaid to 3 cover personal care services provided to a recipient of Medicaid who: (1) is less 4 than 18 years of age; and (2) has been diagnosed with a disability or chronic illness 5 that renders the recipient unable to perform activities of daily living without 6 assistance. Section 1 requires such coverage to be available for personal care 7 services provided by a member of the family of the recipient of Medicaid if the 8 family member meets the requirements for providers of personal care services 9 generally to receive reimbursement through Medicaid. 10 Section 2 of this bill makes a conforming change to require the Director of the 11 Department of Health and Human Services to administer the provisions of section 12 1 in the same manner as other provisions relating to Medicaid. 13 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 422 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. The Director shall include under Medicaid coverage for 3 personal care services provided to a recipient of Medicaid 4 – 2 – - *SB185_R1* described in subsection 2, including, without limitation, where 1 such personal care services are provided by a member of the 2 family of the recipient of Medicaid if the family member meets the 3 requirements prescribed by the Department for providers of 4 personal care services generally. 5 2. Coverage is available under this section for personal care 6 services provided to a recipient of Medicaid who: 7 (a) Is less than 18 years of age; and 8 (b) Has been diagnosed with a disability or chronic illness that 9 renders the recipient unable to perform activities of daily living 10 without assistance. 11 3. The Department shall: 12 (a) Apply to the Secretary of Health and Human Services for 13 any waiver of federal law or apply for any amendment of the State 14 Plan for Medicaid that is necessary for the Department to receive 15 federal funding to provide the coverage described in subsection 1; 16 and 17 (b) Fully cooperate in good faith with the Federal Government 18 during the application process to satisfy the requirements of the 19 Federal Government for obtaining a waiver or amendment 20 pursuant to paragraph (a). 21 4. As used in this section, “personal care services” means the 22 services described in NRS 449.1935. 23 Sec. 2. NRS 232.320 is hereby amended to read as follows: 24 232.320 1. The Director: 25 (a) Shall appoint, with the consent of the Governor, 26 administrators of the divisions of the Department, who are 27 respectively designated as follows: 28 (1) The Administrator of the Aging and Disability Services 29 Division; 30 (2) The Administrator of the Division of Welfare and 31 Supportive Services; 32 (3) The Administrator of the Division of Child and Family 33 Services; 34 (4) The Administrator of the Division of Health Care 35 Financing and Policy; and 36 (5) The Administrator of the Division of Public and 37 Behavioral Health. 38 (b) Shall administer, through the divisions of the Department, 39 the provisions of chapters 63, 424, 425, 427A, 432A to 442, 40 inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 41 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and 42 section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 43 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, 44 and 445A.010 to 445A.055, inclusive, and all other provisions of 45 – 3 – - *SB185_R1* law relating to the functions of the divisions of the Department, but 1 is not responsible for the clinical activities of the Division of Public 2 and Behavioral Health or the professional line activities of the other 3 divisions. 4 (c) Shall administer any state program for persons with 5 developmental disabilities established pursuant to the 6 Developmental Disabilities Assistance and Bill of Rights Act of 7 2000, 42 U.S.C. §§ 15001 et seq. 8 (d) Shall, after considering advice from agencies of local 9 governments and nonprofit organizations which provide social 10 services, adopt a master plan for the provision of human services in 11 this State. The Director shall revise the plan biennially and deliver a 12 copy of the plan to the Governor and the Legislature at the 13 beginning of each regular session. The plan must: 14 (1) Identify and assess the plans and programs of the 15 Department for the provision of human services, and any 16 duplication of those services by federal, state and local agencies; 17 (2) Set forth priorities for the provision of those services; 18 (3) Provide for communication and the coordination of those 19 services among nonprofit organizations, agencies of local 20 government, the State and the Federal Government; 21 (4) Identify the sources of funding for services provided by 22 the Department and the allocation of that funding; 23 (5) Set forth sufficient information to assist the Department 24 in providing those services and in the planning and budgeting for the 25 future provision of those services; and 26 (6) Contain any other information necessary for the 27 Department to communicate effectively with the Federal 28 Government concerning demographic trends, formulas for the 29 distribution of federal money and any need for the modification of 30 programs administered by the Department. 31 (e) May, by regulation, require nonprofit organizations and state 32 and local governmental agencies to provide information regarding 33 the programs of those organizations and agencies, excluding 34 detailed information relating to their budgets and payrolls, which the 35 Director deems necessary for the performance of the duties imposed 36 upon him or her pursuant to this section. 37 (f) Has such other powers and duties as are provided by law. 38 2. Notwithstanding any other provision of law, the Director, or 39 the Director’s designee, is responsible for appointing and removing 40 subordinate officers and employees of the Department. 41 Sec. 3. 1. This section becomes effective upon passage and 42 approval. 43 2. Sections 1 and 2 of this act become effective: 44 – 4 – - *SB185_R1* (a) Upon passage and approval for the purpose of adopting any 1 regulations and performing any other preparatory administrative 2 tasks that are necessary to carry out the provisions of this act; and 3 (b) On January 1, 2026, for all other purposes. 4 H