NevadaSB33783rd Regular Session (2025)SenateWALLET

AN ACT relating to health care; requiring certain health care facilities and certain providers of health care to provide patients with a form for a non-opioid directive and offer patients treatments that do not utilize an opioid under certain circumstances; requiring the Division of Public and Behavioral Health of the Department of Health and Human Services to create a form for a non-opioid directive; requiring the Administrator of the Division to appoint an advisory board to monitor compliance with laws and regulations relating to the non-opioid directive; requiring certain policies of health insurance to include coverage for at least one drug that is an alternative to opioids; requiring certain insurers to provide the form for a non-opioid directive to new insureds; revising the manner by which money in the Fund for a Resilient Nevada allocates money to projects and grants; and providing other matters properly relating thereto.

Sponsored By: Roberta Lange (Democratic)

Failed

BDR 40-204

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Bill Overview

Analyzed Economic Effects

12 provisions identified: 9 benefits, 2 costs, 1 mixed.

Health plans must cover opioid alternatives

Covered policies and contracts delivered, issued for delivery, or renewed on or after January 1, 2026, must cover opioid alternatives. They must cover at least one effective non-opioid option for each common opioid use when an alternative exists. Plans cannot add approval or other requirements they would not apply to opioids in the same circumstances. This mandate excludes the specified Medicaid and CHIP managed-care arrangements. Nevada's Insurance Commissioner can extend Nevada standards to certain out-of-state policies from Nevada insurers, but only after the other state's regulator reports lacking approval authority.

Patients gain rights to non-opioid treatment

Covered practitioners and facilities must offer a non-opioid treatment before first opioid use, unless none is suitable or offering one is impractical. Subject to medical exceptions, they must provide non-opioid treatment when a patient has a directive or requests or prefers it. Providers who know or should know about a directive generally cannot give or prescribe opioids. Exceptions cover medically necessary emergency or inpatient care, surgery, and regulation-approved substance use disorder or hospice treatment. After emergency opioid use, practitioners must give prevention information when the emergency ends or at discharge. The specified offer and directive duties start July 1, 2027, or six months after related regulations take effect, whichever is later. Federal facilities, foster homes, and qualifying religious facilities serving people relying solely on spiritual healing are exempt from the facility requirements.

Medicaid reviews access to opioid alternatives

Nevada's Drug Use Review Board must regularly review Medicaid approval and try-another-drug-first rules for FDA-approved opioid alternatives. The reviews aim to ensure recipients have enough access to those drugs. The Board must also review new drug classes containing approved alternatives for uses normally treated with opioids. These reviews do not guarantee coverage of a specific drug.

Patients can record their opioid preferences

Nevada must create and post a non-opioid directive form explaining its legal effect and how to complete or cancel it. You or your legal guardian can make a directive declining opioids. It takes effect when delivered to a covered provider, facility, or coverage provider, which must record it. You can cancel it by communicating your choice; a guardian who made it must cancel in writing. Cancellation takes effect when communicated and must be recorded; coverage providers must also post the form and give it to new enrollees.

Providers must check patients' opioid preferences

Except in emergencies, practitioners must check your record for a non-opioid directive before prescribing, giving, or supervising opioid treatment. If you do not already have one, they must explain the option and provide the form when requested. Covered facilities that give opioids must ensure practitioners follow these steps and post the form if they have a website. These specified duties begin July 1, 2027, or six months after related regulations take effect, whichever is later.

Public employees keep pay during boardwork

Nevada state and local government employees serving on the advisory board keep regular pay while performing board duties. Paid release covers meeting preparation, attendance, and other board work. They cannot be required to make up that time or use annual leave or compensatory time.

Experts oversee patients' non-opioid directive protections

The state health division's administrator must appoint a board to advise on non-opioid directives and monitor compliance. Members must have expertise in safe opioid use in health care and substance use disorder treatment. They serve staggered three-year terms beginning July 1 of their appointment year.

Nevada can fund non-opioid treatment research

Nevada can use Fund for a Resilient Nevada money for statewide research on treatments that do not use opioids. Funding must follow the Fund's statewide plan. The law sets no specific research grant amount.

Public employee plans follow added rules

Local-government group coverage paid through a self-insurance reserve fund must follow an added insurance-law requirement. The Public Employees' Benefits Program Board must also follow an added requirement when it uses a self-insured plan. These changes extend insurance compliance rules to public employee plans. The supplied provisions do not describe the incorporated rules or establish a specific change in enrollee benefits or costs.

Providers face penalties for treatment violations

Facilities violating the new requirements can face license denial, suspension, or revocation, admission limits, required fixes, and fines. Facility fines can reach $5,000 per day per violation; the county district attorney must prosecute when the Division applies. Licensees who help violate the rules at skilled nursing, intermediate care, or group residential facilities face discipline and fines up to $10,000 per violation. Starting July 1, 2026, the Public Option Director may cut or stop provider payments after the required agency finding. The Public Employees' Benefits Program Board has similar payment authority after a Division or licensing-board finding and must notify providers in contracts.

Local costs receive different legal treatment

Starting July 1, 2026, NRS 354.599 does not apply to extra local government expenses related to this law. The provision changes the legal treatment of those added costs. It states no expense amount or direct change to household taxes or services.

Patient protections phase in with referrals

The law delays specified treatment and directive duties until July 1, 2027, or six months after related regulations take effect, whichever is later. Facility and practitioner compliance reviews cannot begin before January 1, 2029, or 18 months after those regulations take effect, whichever is later. Starting July 1, 2026, a transition-period rule requires referrals when practitioners identify a non-opioid patient but cannot offer a required alternative. They must refer that patient to a provider who can offer it; the supplied excerpt does not state the transition period's end date.

Sponsors & Cosponsors

Sponsor

  • Roberta Lange

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. (No further action taken.)

    6/3/2025Senate
  2. From printer. To engrossment. Engrossed. First reprint. To committee.

    4/24/2025Senate
  3. Taken from General File. Re-referred to Committee on Finance. Exemption effective. To printer.

    4/21/2025Senate
  4. Notice of eligibility for exemption.

    4/21/2025Senate
  5. Read second time. Amended. (Amend. No. 464.)

    4/21/2025Senate
  6. Placed on Second Reading File.

    4/21/2025Senate
  7. From committee: Amend, and do pass as amended.

    4/21/2025Senate
  8. From printer. To committee.

    3/13/2025Senate
  9. Read first time. Referred to Committee on Health and Human Services. To printer.

    3/12/2025Senate

Bill Text

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