Bill
AB 519
Moves non-medical, in-home care regulation into a dedicated Nevada statute chapter, aligning licensure, training, and oversight with home care services.
Status and timeline
- Introduced: February 10, 2025.
- Enacted and chaptered: Approved by the Governor and chaptered as Chapter 158 on May 30, 2025.
- Fiscal note: Effect on State — Yes; Effect on Local Government — No.
Purpose
- To move existing law governing non‑medical, in‑home personal care services out of the chapter that regulates medical facilities (NRS Chapter 449) into a new, dedicated chapter of the Nevada Revised Statutes. The intent is to create a statutory framework tailored to agencies and organizations that provide non‑medical, home‑ and community‑based supports and to enable regulations and program design that reflect those services’ distinct nature.
Key provisions and changes
- Creates a new chapter in Title 40 (sections 2–90) that transfers existing licensure, certification, regulation and disciplinary provisions for:
- Agencies that provide personal care services in the home;
- Employment agencies that contract to provide non‑medical personal care services to elderly people or persons with disabilities; and
- Intermediary service organizations (ISOs).
The transfer preserves the substantive regulatory regime while relocating it to a chapter specific to non‑medical home care.
- Training and family caregiver provisions:
- Sections 30 and 122 revise training requirements so caregivers who are reimbursed through Medicaid (including those in structured family caregiving waivers) complete the same training required for unlicensed caregivers who provide care for licensed personal care agencies.
- Section 120 (and related amendments) authorizes, to the extent permitted by federal law, a family member to serve and be reimbursed as a personal care assistant for a Medicaid recipient if the family caregiver completes required training and obtains authorization from a health care provider.
- Amendment language adds explicit authority for the Board to adopt mandatory training for family caregivers and for annual review of required training topics (including infectious disease control).
- Regulatory/administrative changes:
- Sections 20–23 and related provisions implement federal compliance measures (e.g., requiring applicants to provide Social Security numbers for child support compliance per 42 U.S.C. § 666) and establish procedures to identify applicants who owe certain state debts.
- Sections 67, 68 and 80 extend surety bond and criminal background‑check requirements (similar to existing agency rules) to intermediary service organizations.
- Section 147 directs the Legislative Counsel to relocate relevant Nevada Administrative Code provisions to a new chapter corresponding to the new NRS chapter; existing regulations remain in effect until replaced.
- Section 148 preserves the validity of existing licenses, certificates, completed training and disciplinary actions despite the statutory move.
- Penalties and enforcement mechanisms remain in place as carried over from existing law.
Who is affected
- Personal care agencies (PCAs), employment/placement agencies, intermediary service organizations, unpaid and paid family caregivers, Medicaid recipients who receive personal care services, the Division of Public and Behavioral Health (HCQC), the State Board of Health, and state Medicaid administration (for State Plan and waiver implementation).
- Stakeholders supporting the bill include industry groups (Personal Care Association of Nevada, Consumer Direct Care Network) that cited regulatory misalignment and administrative burdens under the medical‑facility framework.
Potential impacts and considerations
- Aligns Nevada law with practices in other states by creating a statutory basis tailored to non‑medical, in‑home care — expected benefits cited by proponents include reduced administrative burden, more relevant training standards, potential for family‑caregiver program design and reimbursement flexibility, and targeted policy tools (e.g., tiered reimbursement for complex cases or rural service incentives).
- The bill does not specify dollar amounts; it was assessed as having a fiscal impact on the State but not on local governments.
- Implementation will require regulatory work by the Board and Division to relocate and, where appropriate, revise NAC regulations to reflect the new statutory chapter.
Compiled from official sources — confirm details with the bill’s official record.
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