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Bill

AB 305

Limits the amount a provider of health care may charge for filling out certain forms associated with certain leaves of absence. (BDR 54-665)

2025 Regular Session

Caps health-care fees for completing employer-required FMLA certification forms at $30, CPI-adjusted yearly; DHHS posts the new max, reducing costs for employees seeking FMLA leave.

Chapter 25.
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Bill Summary · AB 305

AB 305 — Limit on fees for health‑care certification forms for FMLA leave (BDR 54‑665)

Status: Chapter 25 (approved by Governor May 26, 2025)
Introduced: January 23, 2025

Purpose

AB 305 caps the fee a health‑care provider may charge an individual to complete a medical certification form that an employer may require under the federal Family and Medical Leave Act of 1993 (29 U.S.C. § 2613). The intent is to reduce out‑of‑pocket costs that can block workers from obtaining FMLA leave.

Key provisions

  • Fee cap: A provider of health care shall not charge a person more than $30 to fill out a form for a certification required by an employer pursuant to 29 U.S.C. § 2613 (FMLA medical/serious‑illness certification).
  • Annual adjustment: The $30 maximum is automatically adjusted each calendar year to reflect the percentage increase or decrease in the Consumer Price Index (All Items) published by the U.S. Department of Labor for the immediately preceding year.
  • Administrative duty: The Nevada Department of Health and Human Services (DHHS) must determine the adjusted amount on or before January 1 each year, establish the adjusted amount to take effect on January 1, and post the adjusted amount on its website.
  • Fiscal impact: Committee reports indicate no fiscal effect on state or local government.

Who is affected

  • Primary beneficiaries: Employees and other persons who must obtain a health‑care provider’s certification to request or validate FMLA leave (including leave to care for a family member, serious health condition, and military caregiver leave).
  • Regulated parties: Health‑care providers in Nevada who are asked to complete employer‑required FMLA certification forms.
  • Employers: Indirectly affected because reduced certification fees may lower barriers for employees to access FMLA‑protected leave; employers’ ability to request medical certification under federal law is unchanged.

Implementation and timeline

  • The bill was enacted as Chapter 25 after passage in the 2025 legislative session and signature by the Governor (May 26, 2025).
  • Each January 1 thereafter, DHHS must publish the CPI‑adjusted maximum fee to take effect that day.

Legislative history & votes (selected)

  • Passed Assembly: May 19, 2025 (Yeas: 20; Nays: 0; Excused: 1).
  • Passed Senate, as amended: April 17, 2025 (Yeas: 42; Nays: 0).
  • Enrolled and delivered to Governor: May 23, 2025.
  • Approved by Governor / Chaptered: May 26–27, 2025.

Notes and limitations

  • The bill caps fees for completion of employer‑required FMLA certification forms; it does not change employers’ rights under the FMLA to request certification nor does it specify enforcement mechanisms or penalties for noncompliance within the text provided.
  • Earlier draft amendments considered different fee levels and carve‑outs (e.g., variations at $10, $25 or exemptions tied to whether a provider had treated the patient within three years), but the enrolled law sets a flat cap with CPI adjustments.

Compiled from official sources — confirm details with the bill’s official record.

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