Nevada SB 250: Revises provisions relating to catalytic converters. (BDR 43-31)
Status: (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.) (as of 2023-05-20)
State: Nevada · Session: 82 · Bill: SB 250
Sponsors: James Ohrenschall, Pat Spearman, Rochelle Nguyen
Bill Text
EXEMPT (Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT S.B. 250 - *SB250_R1* SENATE BILL NO. 250–SENATORS LANGE; CRUZ-CRAWFORD AND OHRENSCHALL FEBRUARY 27, 2025 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to health care records. (BDR 40-70) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§§ 3, 8, 12, 15) (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 certain entities to allow a patient to take certain actions relating to access to his or her electronic health records; requiring the adoption of regulations to minimize the need for a patient to repeatedly provide certain information; providing that the health records of a patient are the property of a patient; requiring the Director of the Department of Health and Human Services to compile certain reports; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law prescribes various requirements governing health information 1 technology and the electronic maintenance, transmittal and exchange of electronic 2 health records and certain other electronic health information. (NRS 439.581-3 439.597) Upon the request of a person who is authorized to request a copy of health 4 records that are maintained electronically, existing law requires a custodian of 5 health care records to electronically transmit a copy of the health records to any 6 person or entity for a fee. (NRS 629.062) Section 15 of this bill provides that the 7 health care records of a patient are the property of the patient, and section 3 of this 8 bill requires a health care provider to allow a patient to: (1) access and forward his 9 or her electronic health records without a fee or charge; and (2) request that his or 10 her electronic health records be forwarded to any other person or entity in 11 accordance with existing law. Section 8 of this bill makes a conforming change to 12 remove a requirement that the Director of the Department of Health and Human 13 – 2 – - *SB250_R1* Services adopt regulations governing the ownership of electronic health records 14 because section 15 establishes that such records are the property of the patient. 15 With certain exceptions, existing law requires a health care provider, health 16 insurer, health insurance administrator and certain other entities to authorize a 17 person to opt out of having his or her individually identifiable health information 18 disclosed electronically to health care providers, insurers and certain other entities. 19 (NRS 439.597) Section 10 of this bill requires those persons and entities to allow a 20 patient to prohibit any person or entity from accessing his or her individually 21 identifiable health information, with similar exceptions. Section 5 of this bill makes 22 a violation of section 3 or 10, or any regulations adopted to carry out those 23 sections, a misdemeanor. A health care provider, health insurer or health insurance 24 administrator that commits such a violation would also be subject to administrative 25 sanctions. (NRS 439.589, 439.5895, 449.167, 450B.215, 629.051, 680A.225, 26 683A.0891, 695C.329) 27 Existing law requires the Director to adopt regulations that prescribe a 28 framework for the electronic maintenance, transmittal and exchange of electronic 29 health records, prescriptions, health-related information and electronic signatures. 30 Existing law requires state and local governmental entities, health care providers 31 and insurers and certain related entities to maintain, transmit and exchange health 32 information in accordance with that framework, with certain exceptions. (NRS 33 439.589) Existing law establishes that physician group practices and other business 34 entities organized for the purpose of practicing a health care profession with 20 or 35 fewer employees are not required to comply with those provisions until January 1, 36 2030. (Section 2.8 of chapter 278, Statutes of Nevada 2023, at page 1859) Section 37 8 requires the regulations adopted by the Director to include requirements to 38 minimize the need for a patient to repeatedly provide demographic information, 39 information relating to his or her medical history and the list of medications that the 40 patient is currently taking or has taken in the past. A health care provider who fails 41 to comply with those regulations would be subject to administrative sanctions but 42 would not be guilty of a misdemeanor. (NRS 439.589, 439.5895, 449.167, 43 450B.215, 629.051) Sections 5-7, 9, 10, 12-14 and 16 of this bill make conforming 44 changes to: (1) clarify the applicability of section 3 and certain provisions of 45 existing law; and (2) indicate the proper placement of se
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