2005 Nevada Revised Statutes - Chapter 223 — Governor

Title 18 - STATE EXECUTIVE DEPARTMENT

CHAPTER 223 - GOVERNOR

GENERAL PROVISIONS

NRS 223.010 Qualificationsof Governor.

NRS 223.020 Election;term of office.

NRS 223.025 Governor-elect:Payment of expenses for clerical and research assistance.

NRS 223.030 Oath.

NRS 223.040 Officeand residence.

NRS 223.050 Salary.

NRS 223.060 Resignation.

NRS 223.080 WhenPresident Pro Tempore of Senate, Speaker of Assembly or Secretary of State actas Governor.

NRS 223.085 Employmentof staff: Salaries and benefits; rules and policies.

NRS 223.121 Portraitof Governor.

NRS 223.140 Powerto close banks and other financial institutions.

NRS 223.150 Governormay order military force to assist sheriff in executing process.

NRS 223.160 Governormay order armed force when unlawful assembly.

NRS 223.170 Armedforce to obey Governors order.

NRS 223.180 Governormay proclaim county in insurrection.

NRS 223.190 Governorto advise Legislature of appointments made to fill vacancies.

NRS 223.195 Residencyrequirement for Governor to appoint person to board, commission, committee,council, authority or other similar body; exceptions.

NRS 223.200 HighwaySafety Act of 1966: Governors powers and duties; Program; Account.

NRS 223.210 Temporaryauthority of Governor to act and expend money in certain circumstances; dutiesof Legislative Commission; report to Legislature.

NRS 223.240 Governormay enter into agreements or compacts concerning furnishing and exchange ofpolice services.

OFFICE FOR CONSUMER HEALTH ASSISTANCE

NRS 223.500 Definitions.

NRS 223.510 Consumerdefined.

NRS 223.520 Directordefined.

NRS 223.530 Healthcare plan defined.

NRS 223.535 Prescriptiondrug program defined.

NRS 223.540 Applicabilityof NRS 223.085.

NRS 223.550 Creationof Office for Consumer Health Assistance; appointment and qualifications ofDirector; payment of costs from assessments, gifts, grants or donations, anddirect legislative appropriation.

NRS 223.560 Dutiesof Director.

NRS 223.570 Powersof Director; regulations; conflict of interest.

NRS 223.575 Creationof Bureau for Hospital Patients; powers and duties of Director; annualassessment of hospitals.

NRS 223.580 Annualreport: Requirements.

OFFICE OF SCIENCE, INNOVATION AND TECHNOLOGY

NRS 223.600 Establishment;appointment of Director; other employment by Director prohibited.

NRS 223.610 Dutiesof Director.

NRS 223.620 Acceptanceof gifts and money by Director; membership of Director on Nevada TechnologyCouncil.

NRS 223.630 Creationof Account; deposit of money.

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GENERAL PROVISIONS

NRS 223.010 Qualificationsof Governor. No person shall be eligible tothe Office of Governor unless:

1. He shall have attained the age of 25 years at thetime of such election; and

2. He is a qualified elector and has been a citizenresident of this State for 2 years next preceding the election.

[Part 2:108:1866; A 1953, 711; 1955, 459]

NRS 223.020 Election;term of office.

1. The Governor shall be elected by the qualifiedelectors of the State.

2. The Governor shall be chosen at the general electionof 1866, and every 4th year thereafter, and shall hold his office for the termof 4 years from the time of his installment and until his successor shall bequalified.

[Part 1:108:1866; B 2599; BH 1636; C 1782; RL 2765; NCL 4765] + [Part 9:108:1866; B 2607; BH 1644; C 1790; RL 2773;NCL 4773] + [Part 10:108:1866; B 2608; BH 1645; C 1791; RL 2774; NCL 4774]

NRS 223.025 Governor-elect:Payment of expenses for clerical and research assistance.

1. The Department of Administration shall include as aseparate item in its budget for each fiscal year in which a Governor is to beelected a reasonable amount to pay transitional expenses of the Governor-electfor clerical and research assistance.

2. The State Controller shall, within the limits oflegislative appropriation, draw his warrant for the payment of necessaryexpenses for clerical and research assistance for the Governor-elect uponsubmission of one or more claims by the Governor-elect.

3. The provisions of subsection 2 do not apply if theincumbent Governor is elected to succeed himself.

(Added to NRS by 1969, 111; A 1973, 263; 2001, 949)

NRS 223.030 Oath. The Governor shall take and subscribe to the official oathbefore the Chief Justice or one of the associate justices of the Supreme Courton the 1st Monday of January next succeeding his election.

[Part 25:108:1866; A 1881, 22; BH 1660; C 1806;RL 2789; NCL 4789]

NRS 223.040 Officeand residence. The Governor shall keep hisoffice and reside at the seat of government.

[Part 10:108:1866; B 2608; BH 1645; C 1791; RL 2774; NCL 4774]

NRS 223.050 Salary.

1. Until the first Monday in January 2007, theGovernor is entitled to receive an annual salary of $117,000. From the firstMonday in January 2007, until the first Monday in January 2011, the Governor isentitled to receive an annual salary of $141,000.

2. On the first Monday in January 2011 and on thefirst Monday of every fourth year thereafter, the salary of the Governor mustbe increased by an amount equal to the cumulative percentage increase in thesalaries of the classified employees of this State during the immediatelypreceding term of the Governor.

[Part 1:295:1953; A 1955, 527] + [1:320:1955] +[11:320:1955] + [13:320:1955](NRS A 1957, 771; 1961, 304; 1965, 969; 1969,790; 1971, 2207; 1977, 1015; 1981, 1370; 1985, 1609; 1989, 1897; 1997, 1226; 2005, 1182)

NRS 223.060 Resignation. The Governor shall transmit his resignation to theLegislature, if in session, and if not in session he shall then transmit it tothe Secretary of State.

[Part 34:108:1866; B 2632; BH 1669; C 1815; RL 2798; NCL 4798]

NRS 223.080 WhenPresident Pro Tempore of Senate, Speaker of Assembly or Secretary of State actas Governor.

1. If, during the vacancy in the Office of theGovernor, the Lieutenant Governor shall die, be impeached, be displaced,resign, or become incapable of performing the duties of his office, or beabsent from the State, the President Pro Tempore of the Senate shall act asGovernor until the vacancy shall be filled or the disability shall cease.

2. In case of the inability of the President ProTempore of the Senate to act as Governor in the event of a vacancy in theOffice of Lieutenant Governor, the Speaker of the Assembly shall be called uponto serve until the vacancy shall be filled. If the Speaker of the Assembly isineligible or unable to act, the Secretary of State shall be next in line ofsuccession.

3. To effect the purposes of this section, thePresident Pro Tempore of the Senate and the Speaker of the Assembly shall eachbe deemed to hold their respective offices until their successors shall havebeen elected and qualified.

[44:108:1866; A 1947, 11; 1949, 39; 1943 NCL 4808]

NRS 223.085 Employmentof staff: Salaries and benefits; rules and policies.

1. The Governor may, within the limits of availablemoney, employ such persons as he deems necessary to provide an appropriatestaff for the Office of the Governor, including, without limitation, the Agencyfor Nuclear Projects, the Office of Science, Innovation and Technology and theGovernors mansion. Any such employees are not in the classified orunclassified service of the State and serve at the pleasure of the Governor.

2. The Governor shall:

(a) Determine the salaries and benefits of the personsemployed pursuant to subsection 1, within limits of money available for thatpurpose; and

(b) Adopt such rules and policies as he deemsappropriate to establish the duties and employment rights of the personsemployed pursuant to subsection 1.

(Added to NRS by 1967, 1488; A 1971, 1423; 1981,1271; 1997, 616; 1999,3278; 2001, 2284)

NRS 223.121 Portraitof Governor.

1. The Legislative Commission may, upon the electionof each new Governor, enter into a contract with an artist for the purpose ofprocuring a portrait of that Governor for display in the Capitol Building.

2. The portrait must be painted in oil colors andappropriately framed. The painting and framing must be done in the same manner,style and size as the portraits of former Governors of the State displayed inthe Capitol Building.

3. The contract price must not exceed theappropriation made for this purpose to the Account for the Governors Portraitin the State General Fund. The contract price must include the cost of theportrait and the frame.

4. The portrait and frame are subject to the approvalof the Governor.

5. Upon delivery of the approved, framed portrait tothe Secretary of State and its acceptance by the Legislative Commission, theState Controller shall draw his warrant in an amount equal to the contractprice and the State Treasurer shall pay the warrant from the Account for theGovernors Portrait. Any balance remaining in the Account immediately lapses tothe State General Fund.

(Added to NRS by 1981, 1553; A 1985, 713)

NRS 223.140 Powerto close banks and other financial institutions. TheGovernor shall have the power to direct the closing of any or all banks andother financial institutions for definite periods of time whenever the publicinterest requires such action to be taken, as in time of war, insurrections,invasions, riots, or a state, district or national financial crisis; provided:

1. That the State Board of Finance shall by formalresolution request such action; and

2. That banks desiring not to avail themselves of suchholiday declared by the Governor may remain open and continue to do businessupon notifying the Governor of such intention and receiving the consent of theState Board of Finance.

[4:38:1933; 1931 NCL 3306.03]

NRS 223.150 Governormay order military force to assist sheriff in executing process. If it appears to the Governor that the power of any countyis not sufficient to enable the sheriff to execute process delivered to him, heshall, on the application of the sheriff, order such military force from anyother county or counties as shall be necessary.

[86:108:1866; B 2684; BH 1721; C 1867; RL 2835; NCL 4835]

NRS 223.160 Governormay order armed force when unlawful assembly.

1. When there is an unlawful or riotous assembly, withthe intent to commit a felony, or to offer violence to person or property, orto resist, by force, the laws of the State, and the fact is made to appear tothe Governor, the Governor may issue an order directed to the commandingofficer of a division, brigade, regiment, battalion or company, to order hiscommand, or any part thereof (describing the kind and number of troops), toappear at a time and place therein specified, to aid the civil authorities insuppressing violence and enforcing the laws.

2. The commanding officer to whom the order is givenshall forthwith obey the same, and the troops so required shall appear at thetime and place appointed, armed and equipped with ammunition as per inspection,and shall execute any order that they shall then and there receive, accordingto law.

[Part 93:108:1866; B 2691; BH 1728; C 1874; RL 2840; NCL 4840] + [94:108:1866; B 2692; BH 1729; C 1875; RL 2841;NCL 4841]

NRS 223.170 Armedforce to obey Governors order. When an armedforce is called out for the purpose of suppressing an unlawful or riotousassembly, or arresting the offenders, it shall obey such orders in relationthereto as may have been made by the Governor.

[Part 92:108:1866; B 2690; BH 1727; C 1873; RL 2839; NCL 4839]

NRS 223.180 Governormay proclaim county in insurrection.

1. When the Governor shall be satisfied that theexecution of civil or criminal process has been forcibly resisted in anycounty, by bodies of men, or that combinations to resist the execution of processby force exist in any county, and that the power of the county has been exertedand has not been sufficient to enable the officer having the process to executeit, he may, on the application of the officer, or of the district attorney ordistrict judge of the county, by proclamation, to be published in such papersas he shall direct, declare the county to be in a state of insurrection, andmay order into the service of the State such number and description ofvolunteers, or uniformed companies or other militia of the State as he shalldeem necessary, to serve for such term and under the command of such officersas he shall direct.

2. The Governor may, when he shall think proper,revoke the proclamation authorized by subsection 1, or declare that it shallcease at such time and in such manner as he shall direct.

[95:108:1866; B 2693; BH 1730; C 1876; RL 2842; NCL 4842] + [96:108:1866; B 2694; BH 1731; C 1877; RL 2843; NCL 4843]

NRS 223.190 Governorto advise Legislature of appointments made to fill vacancies. At the earliest day practicable, the Governor shall laybefore the Legislature a statement of all appointments made by him to fillvacancies in office since the preceding session.

[47:108:1866; B 2645; BH 1682; C 1828; RL 2811; NCL 4811]

NRS 223.195 Residencyrequirement for Governor to appoint person to board, commission, committee,council, authority or other similar body; exceptions.

1. Except as otherwise provided in this section, whenthe Governor discharges a duty or exercises a power conferred by law to appointa person to a new term or to fill a vacancy on a board, commission, committee,council, authority or similar body, he shall appoint a person who has, inaccordance with the provisions of NRS281.050, actually, as opposed to constructively, resided, for at least 6months immediately preceding the date of the appointment:

(a) In this State; and

(b) If current residency in a particular county,district, ward, subdistrict or any other unit is prescribed by the provisionsof law that govern the position, also in that county, district, ward,subdistrict or other unit.

2. The provisions of subsection 1 do not apply if:

(a) A requirement of law concerning anothercharacteristic or status that a member must possess, including, withoutlimitation, membership in another organization, would make it impossible tofulfill the provisions of subsection 1; or

(b) The membership of the particular board, commission,committee, council, authority or similar body includes residents of anotherstate and the provisions of subsection 1 would conflict with a requirement thatapplies to all members of that body.

(Added to NRS by 2005, 1580)

NRS 223.200 HighwaySafety Act of 1966: Governors powers and duties; Program; Account.

1. The Governor may contract and do all other thingsnecessary to secure the full benefits available to this State pursuant to theHighway Safety Act of 1966 (including 23 U.S.C. ch. 4). In so doing, he shallcooperate with federal and state agencies, private and public organizations,and private persons to effectuate the purposes of that act and all amendmentsto it which are subsequently enacted.

2. The Governor shall administer through anappropriate state agency the highway safety programs of this State and those ofits political subdivisions in accordance with the Highway Safety Act of 1966and federal rules and regulations for carrying it out.

3. The state agency designated by the Governorpursuant to subsection 2 shall, with the assistance of the LegislativeCommission, the Supreme Court of Nevada, the Department of Transportation, theHealth Division of the Department of Health and Human Services, the Departmentof Education and other state agencies and local subdivisions, cause to beprepared a comprehensive Highway Safety Program Plan detailing how the State ofNevada proposes to progress toward long-range state goals to achieve full compliancewith the program standards adopted pursuant to the Highway Safety Act of 1966.The Plan must, without limitation, include:

(a) Estimates when the State could begin each programspecified in the standards;

(b) Estimates of annual costs of each program;

(c) Estimates when the State will reach full compliancewith the standards; and

(d) Projects deemed appropriate for planning andadministration of the State Highway Safety Program.

4. Costs of preparation of the Highway Safety Programmust be paid from the Highway Safety Program Planning Account, which is herebycreated in the State General Fund. Money provided by direct legislativeappropriation must be accounted for in the Account, and money received from theFederal Government and from donations must be deposited in the State Treasuryfor credit to the Account. The state agency designated by the Governor pursuantto subsection 2 may make the necessary applications for federal money andprovide required demonstrations that federal money will be matched with statemoney in the Highway Safety Program Planning Account. The state agency may alsoaccept donations for the purpose of preparing the Highway Safety Program.

(Added to NRS by 1967, 1113; A 1973, 1406; 1979, 101,1644, 1787; 1991, 1756)

NRS 223.210 Temporaryauthority of Governor to act and expend money in certain circumstances; dutiesof Legislative Commission; report to Legislature.

1. Whenever any Act of Congress, regulationpromulgated by the President or from an executive department of the FederalGovernment, or decision of a court of the United States or of this staterequires the Governor to perform any act for which legislative authority islacking, either absolutely or in the alternative of forfeiting a grant of moneyor other thing of value or of action by the requiring authority, and theLegislature is not in session and cannot reasonably be called into special session,the Governor may, with the approval of the Legislative Commission:

(a) Perform the act required.

(b) Direct an existing agency, board or commission todo the act required.

(c) Accept money or some other thing of value from theFederal Government, and contract with respect to such acceptance.

(d) Expend, for the purpose required, any money soaccepted from the Federal Government or available to him from any nonstatesource or from the Emergency Account. Any expenditures from the EmergencyAccount for the purposes provided in this subsection must be first approved bythe Legislative Commission.

2. The Governor and the Legislative Commission shallreport any action taken by them to the next session of the Legislature, whetherregular or special. Unless the Legislature acts affirmatively to authorize theGovernor or some other agency, board or commission to do the act required, allauthority conferred by this section expires by limitation on the 11th day afterthe final adjournment of the session. In case of such an expiration, neitherthe Governor nor any agency, board or commission may expend any money receivedpursuant to this section except as required by a valid contract executed priorto the expiration.

3. As used in this section, the phrase cannotreasonably be called into special session imposes a duty upon the Governor toconsider, among other things:

(a) The importance of the act required in relation tostate government as a whole;

(b) The amount of money to be expended pursuant to thissection in relation to the cost of a special session; and

(c) The interval remaining before the next regularsession.

(Added to NRS by 1969, 90; A 1977, 329; 1991, 1756)

NRS 223.240 Governormay enter into agreements or compacts concerning furnishing and exchange ofpolice services.

1. The Governor may, on behalf of this state, enterinto mutual or reciprocal aid agreements or compacts with other states or theFederal Government, either on a statewide or political subdivision basis. Priorto committing the personnel, equipment or facilities of any politicalsubdivision of this state the Governor shall consult with and obtain theapproval of the law enforcement executive and the chief executive of each ofthe political subdivisions affected.

2. Such agreements shall be limited to furnishing orexchange of:

(a) Police services;

(b) Personnel necessary to provide or conduct suchservices; and

(c) Such other supplies, equipment, facilities,personnel and services as are needed to support such services.

3. The agreements may relate to the terms andconditions of mutual or reciprocal aid and to reimbursement of costs andexpenses for equipment, supplies, personnel and similar items for mobilesupport units and police units.

4. Any such agreement may not extend beyond theelected term of the Governor of this state who entered into such agreement.

(Added to NRS by 1975, 481)

OFFICE FOR CONSUMER HEALTH ASSISTANCE

NRS 223.500 Definitions. As used in NRS 223.500to 223.580, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 223.510 to 223.535, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1999, 1806; A 2001, 2653; 2003, 1507)

NRS 223.510 Consumerdefined. Consumer means a natural personwho:

1. Has or is in need of coverage under a health careplan;

2. Is in need of information or other assistanceregarding a prescription drug program; or

3. May need information concerning purchasingprescription drugs from Canadian pharmacies.

(Added to NRS by 1999, 1806; A 2003, 1507; 2005, 22ndSpecial Session, 155)

NRS 223.520 Directordefined. Director means the Director of theOffice for Consumer Health Assistance appointed pursuant to NRS 223.550.

(Added to NRS by 1999, 1806)

NRS 223.530 Healthcare plan defined. Health care plan means apolicy, contract, certificate or agreement offered or issued to provide,deliver, arrange for, pay for or reimburse any of the costs of health careservices.

(Added to NRS by 1999, 1806)

NRS 223.535 Prescriptiondrug program defined. Prescription drugprogram means a program:

1. Sponsored or conducted by a manufacturer ofprescription drugs at no charge; or

2. Offered by the State of Nevada or a politicalsubdivision thereof.

(Added to NRS by 2003, 1506)

NRS 223.540 Applicabilityof NRS223.085. The provisions of NRS 223.085 do not apply to the provisionsof NRS 223.500 to 223.580, inclusive.

(Added to NRS by 1999, 1806; A 2001, 2653)

NRS 223.550 Creationof Office for Consumer Health Assistance; appointment and qualifications ofDirector; payment of costs from assessments, gifts, grants or donations, anddirect legislative appropriation.

1. The Office for Consumer Health Assistance is herebyestablished in the Office of the Governor. The Governor shall appoint theDirector. The Director must:

(a) Be:

(1) A physician, as that term is defined in NRS 0.040;

(2) A registered nurse, as that term is definedin NRS 632.019;

(3) An advanced practitioner of nursing, as thatterm is defined in NRS 453.023; or

(4) A physician assistant, as that term isdefined in NRS 630.015; and

(b) Have expertise and experience in the field ofadvocacy.

2. The cost of carrying out the provisions of NRS 223.500 to 223.580, inclusive, must be paid asfollows:

(a) That portion of the cost related to providingassistance to consumers and injured employees concerning workers compensationmust be paid from the assessments levied pursuant to NRS 232.680.

(b) That portion of the cost related to the operationof the Bureau for Hospital Patients created pursuant to NRS 223.575 must be paid from theassessments levied pursuant to that section.

(c) That portion of the cost related to providing assistanceto consumers in need of information or other facilitation regarding aprescription drug program may, to the extent money is available from thissource, be paid from the proceeds of any gifts, grants or donations that arereceived by the Director for this purpose.

(d) That portion of the cost related to providingassistance to consumers in need of information concerning purchasingprescription drugs from Canadian pharmacies may, to the extent money isavailable from this source, be paid from the proceeds of any gifts, grants ordonations that are received by the Director for this purpose.

(e) The remaining cost must be provided by directlegislative appropriation from the State General Fund and be paid out on claimsas other claims against the State are paid.

(Added to NRS by 1999, 1806; A 2001, 778, 2653; 2003, 1507; 2005, 22ndSpecial Session, 155)

NRS 223.560 Dutiesof Director. The Director shall:

1. Respond to written and telephonic inquiriesreceived from consumers and injured employees regarding concerns and problemsrelated to health care and workers compensation;

2. Assist consumers and injured employees inunderstanding their rights and responsibilities under health care plans andpolicies of industrial insurance;

3. Identify and investigate complaints of consumersand injured employees regarding their health care plans and policies ofindustrial insurance and assist those consumers and injured employees toresolve their complaints, including, without limitation:

(a) Referring consumers and injured employees to theappropriate agency, department or other entity that is responsible foraddressing the specific complaint of the consumer or injured employee; and

(b) Providing counseling and assistance to consumersand injured employees concerning health care plans and policies of industrialinsurance;

4. Provide information to consumers and injuredemployees concerning health care plans and policies of industrial insurance inthis State;

5. Establish and maintain a system to collect andmaintain information pertaining to the written and telephonic inquiriesreceived by the Office for Consumer Health Assistance;

6. Take such actions as are necessary to ensure publicawareness of the existence and purpose of the services provided by the Directorpursuant to this section;

7. In appropriate cases and pursuant to the directionof the Governor, refer a complaint or the results of an investigation to theAttorney General for further action;

8. Provide information to and applications forprescription drug programs for consumers without insurance coverage forprescription drugs or pharmaceutical services; and

9. Establish and maintain an Internet website whichincludes:

(a) Information concerning purchasing prescriptiondrugs from Canadian pharmacies that have been recommended by the State Board ofPharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328; and

(b) Links to websites of Canadian pharmacies which havebeen recommended by the State Board of Pharmacy for inclusion on the Internetwebsite pursuant to subsection 4 of NRS639.2328.

(Added to NRS by 1999, 1806; A 2003, 1507; 2005, 22ndSpecial Session, 156)

NRS 223.570 Powersof Director; regulations; conflict of interest.

1. The Director, within the limits of available money:

(a) Shall, to carry out the provisions of this sectionand NRS 223.560 and 223.580, employ at least two persons whohave experience in the field of workers compensation, including, withoutlimitation, persons who have experience in administering claims or programsrelated to policies of industrial insurance, representing employees incontested claims relating to policies of industrial insurance or advocating forthe rights of injured employees; and

(b) May, in addition to the persons required to beemployed pursuant to paragraph (a), employ:

(1) Such persons in the unclassified service ofthe State as he determines to be necessary to carry out the provisions of thissection and NRS 223.560 and 223.580, including, without limitation, aprovider of health care, as that term is defined in NRS 449.581.

(2) Such additional personnel as may be requiredto carry out the provisions of this section and NRS 223.560 and 223.580, who must be in the classifiedservice of the State.

A personemployed pursuant to the authority set forth in this subsection must bequalified by training and experience to perform the duties for which theDirector employs him.

2. The Director may:

(a) To the extent not otherwise prohibited by law,obtain such information from consumers, injured employees, health care plans,prescription drug programs and policies of industrial insurance as hedetermines to be necessary to carry out the provisions of this section and NRS 223.560 and 223.580.

(b) Adopt such regulations as he determines to benecessary to carry out the provisions of this section and NRS 223.560 and 223.580.

(c) Apply for any available grants, accept any gifts,grants or donations and use any such gifts, grants or donations to aid theOffice for Consumer Health Assistance in carrying out its duties pursuant tosubsections 8 and 9 of NRS 223.560.

3. The Director and his employees shall not have anyconflict of interest relating to the performance of their duties pursuant tothis section and NRS 223.560 and 223.580. For the purposes of this subsection,a conflict of interest shall be deemed to exist if the Director or employee, orany person affiliated with the Director or employee:

(a) Has direct involvement in the licensing,certification or accreditation of a health care facility, insurer or providerof health care;

(b) Has a direct ownership interest or investmentinterest in a health care facility, insurer or provider of health care;

(c) Is employed by, or participating in, the managementof a health care facility, insurer or provider of health care; or

(d) Receives or has the right to receive, directly orindirectly, remuneration pursuant to any arrangement for compensation with ahealth care facility, insurer or provider of health care.

(Added to NRS by 1999, 1807; A 2001, 2653; 2003, 1508; 2005, 1073; 2005, 22ndSpecial Session, 156)

NRS 223.575 Creationof Bureau for Hospital Patients; powers and duties of Director; annualassessment of hospitals.

1. The Bureau for Hospital Patients is hereby createdwithin the Office for Consumer Health Assistance in the Office of the Governor.

2. The Director:

(a) Is responsible for the operation of the Bureau,which must be easily accessible to the clientele of the Bureau.

(b) Shall appoint and supervise such additionalemployees as are necessary to carry out the duties of the Bureau. The employeesof the Bureau are in the unclassified service of the State.

(c) On or before February 1 of each year, shall submita written report to the Governor, and to the Director of the LegislativeCounsel Bureau concerning the activities of the Bureau for Hospital Patientsfor transmittal to the appropriate committee or committees of the Legislature.The report must include, without limitation, the number of complaints receivedby the Bureau, the number and type of disputes heard, mediated, arbitrated orresolved through alternative means of dispute resolution by the Director andthe outcome of the mediation, arbitration or alternative means of disputeresolution.

3. The Director may, upon request made by eitherparty, hear, mediate, arbitrate or resolve by alternative means of disputeresolution disputes between patients and hospitals. The Director may decline tohear a case that in his opinion is trivial, without merit or beyond the scopeof his jurisdiction. The Director may hear, mediate, arbitrate or resolvethrough alternative means of dispute resolution disputes regarding:

(a) The accuracy or amount of charges billed to apatient;

(b) The reasonableness of arrangements made pursuant toparagraph (c) of subsection 1 of NRS439B.260; and

(c) Such other matters related to the charges for careprovided to a patient as the Director determines appropriate for arbitration,mediation or other alternative means of dispute resolution.

4. The decision of the Director is a final decision forthe purpose of judicial review.

5. Each hospital, other than federal and statehospitals, with 49 or more licensed or approved hospital beds shall pay anannual assessment for the support of the Bureau. On or before July 15 of eachyear, the Director shall notify each hospital of its assessment for the fiscalyear. Payment of the assessment is due on or before September 15. Late paymentsbear interest at the rate of 1 percent per month or fraction thereof.

6. The total amount assessed pursuant to subsection 5for a fiscal year must not be more than $100,000adjusted by the percentage change between January 1, 1991, and January 1 of theyear in which the fees are assessed, in the Consumer Price Index (All Items)published by the United States Department of Labor.

7. The total amount assessed must be divided by thetotal number of patient days of care provided in the previous calendar year bythe hospitals subject to the assessment. For each hospital, the assessment mustbe the result of this calculation multiplied by its number of patient days ofcare for the preceding calendar year.

(Added to NRS by 2001, 2652; A 2003, 351; 2005, 1022)

NRS 223.580 Annualreport: Requirements. On or before February 1of each year, the Director shall submit a written report to the Governor, andto the Director of the Legislative Counsel Bureau for transmittal to theappropriate committee or committees of the Legislature. The report mustinclude, without limitation:

1. A statement setting forth the number and geographicorigin of the written and telephonic inquiries received by the Office forConsumer Health Assistance and the issues to which those inquiries wererelated;

2. A statement setting forth the type of assistanceprovided to each consumer and injured employee who sought assistance from theDirector, including, without limitation, the number of referrals made to theAttorney General pursuant to subsection 7 of NRS223.560;

3. A statement setting forth the disposition of eachinquiry and complaint received by the Director; and

4. A statement setting forth the number of externalreviews conducted by external review organizations pursuant to NRS 695G.241 to 695G.310, inclusive, and the dispositionof each of those reviews as reported pursuant to NRS 695G.310.

(Added to NRS by 1999, 1808; A 2003, 785)

OFFICE OF SCIENCE, INNOVATION AND TECHNOLOGY

NRS 223.600 Establishment;appointment of Director; other employment by Director prohibited.

1. The Office of Science, Innovation and Technology ishereby established in the Office of the Governor.

2. The Governor shall appoint the Director of the Officeof Science, Innovation and Technology. In making the appointment, the Governor:

(a) Shall give consideration to any recommendationwhich is submitted by the Chancellor of the Nevada System of Higher Education.

(b) May assemble a panel of persons with appropriateexperience in science and technology to make recommendations of qualifiedcandidates for the position of Director.

3. The Director shall devote his entire time andattention to the business of his Office and shall not engage in any other gainfulemployment or occupation.

4. The Director is not in the classified orunclassified service of the State and serves at the pleasure of the Governor.

(Added to NRS by 2001, 2284)

NRS 223.610 Dutiesof Director. The Director of the Office ofScience, Innovation and Technology shall:

1. Advise the Governor on matters relating to science,innovation and technology.

2. Work in coordination with the Commission on EconomicDevelopment to establish criteria and goals for economic development anddiversification in this State in the areas of science, innovation andtechnology.

3. As directed by the Governor, identify, recommendand carry out policies related to science, innovation and technology.

4. Report periodically to the Chairman and ExecutiveDirector of the Commission on Economic Development concerning theadministration of the policies and programs of the Office of Science,Innovation and Technology.

5. Develop and coordinate efforts to attractbiotechnological companies to this State.

6. Establish and maintain a clearinghouse ofinformation regarding biotechnological business in this State.

(Added to NRS by 2001, 2285)

NRS 223.620 Acceptanceof gifts and money by Director; membership of Director on Nevada TechnologyCouncil.

1. The Director of the Office of Science, Innovationand Technology may:

(a) Accept any gift, donation, bequest or devise; and

(b) Apply for and accept any grant, loan or othersource of money,

to assisthim in carrying out his duties.

2. The Director may serve as a member of the NevadaTechnology Council.

(Added to NRS by 2001, 2285)

NRS 223.630 Creationof Account; deposit of money.

1. The Account for the Office of Science, Innovationand Technology is hereby created in the State General Fund. The Account must beadministered by the Director of the Office of Science, Innovation andTechnology.

2. Any money accepted pursuant to NRS 223.620 must be deposited in the Account.

3. The interest and income earned on the money in theAccount, after deducting any applicable charges, must be credited to theAccount.

4. The money in the Account must only be used to carryout the duties of the Director.

5. Claims against the Account must be paid as otherclaims against the State are paid.

(Added to NRS by 2001, 2285)

 

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