[Rev. 11/21/2013 10:13:32 AM--2013]

TITLE 18 - STATE EXECUTIVE DEPARTMENT

CHAPTER 223 - GOVERNOR

GENERAL PROVISIONS

NRS 223.010           Qualifications of 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           Office and residence.

NRS 223.050           Salary.

NRS 223.060           Resignation.

NRS 223.080           When President Pro Tempore of Senate, Speaker of Assembly or Secretary of State act as Governor.

NRS 223.085           Staff: Employment; salaries and benefits; rules and policies; Chief Information Officer of the State.

NRS 223.121           Portrait of Governor.

NRS 223.140           Power to close banks and other financial institutions.

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

NRS 223.160           Governor may order armed force when unlawful assembly.

NRS 223.170           Armed force to obey Governor’s order.

NRS 223.180           Governor may proclaim county in insurrection.

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

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

NRS 223.200           Highway Safety Act of 1966: Governor’s powers and duties; Program; Account.

NRS 223.210           Temporary authority of Governor to act and expend money in certain circumstances; duties of Legislative Commission; report to Legislature.

NRS 223.240           Governor may enter into agreements or compacts concerning furnishing and exchange of police services.

OFFICE FOR CONSUMER HEALTH ASSISTANCE

NRS 223.500           Definitions.

NRS 223.505           “Advocate” defined.

NRS 223.510           “Consumer” defined.

NRS 223.520           “Director” defined.

NRS 223.530           “Health care plan” defined.

NRS 223.535           “Prescription drug program” defined.

NRS 223.540           Applicability of NRS 223.085.

NRS 223.550           Creation of Office for Consumer Health Assistance; appointment and qualifications of Governor’s Consumer Health Advocate; payment of costs from assessments, gifts, grants or donations, and direct legislative appropriation.

NRS 223.560           Duties of Advocate; authority of Advocate to adopt regulations.

NRS 223.570           Powers of Advocate; conflicts of interest.

NRS 223.575           Creation of Bureau for Hospital Patients; powers and duties of Advocate or Advocate’s designee; annual assessment of hospitals.

NRS 223.580           Annual report: Requirements. [Repealed.]

OFFICE OF SCIENCE, INNOVATION AND TECHNOLOGY

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

NRS 223.610           Duties of Director.

NRS 223.620           Acceptance of gifts and money by Director; membership of Director on Nevada Technology Council.

NRS 223.630           Creation of Account; deposit of money.

_________

GENERAL PROVISIONS

      NRS 223.010  Qualifications of Governor.  No person shall be eligible to the Office of Governor unless the person:

      1.  Has attained the age of 25 years at the time of such election; and

      2.  Is a qualified elector and has been a citizen resident 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 qualified electors of the State.

      2.  The Governor shall be chosen at the general election of 1866, and every 4th year thereafter, and shall hold office for the term of 4 years from the time of his or her installment and until his or her successor shall be qualified.

      [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 a separate item in its budget for each fiscal year in which a Governor is to be elected a reasonable amount to pay transitional expenses of the Governor-elect for clerical and research assistance.

      2.  The State Controller shall, within the limits of legislative appropriation, draw a warrant for the payment of necessary expenses for clerical and research assistance for the Governor-elect upon submission of one or more claims by the Governor-elect.

      3.  The provisions of subsection 2 do not apply if the incumbent Governor is elected to succeed himself or herself.

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

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

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

      NRS 223.040  Office and residence.  The Governor shall keep his or her office 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, the Governor is entitled to receive an annual salary of $117,000. From the first Monday in January 2007, until the first Monday in January 2011, the Governor is entitled to receive an annual salary of $141,000.

      2.  On the first Monday in January 2011 and on the first Monday of every fourth year thereafter, the salary of the Governor must be increased by an amount equal to the cumulative percentage increase in the salaries of the classified employees of this State during the immediately preceding 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 or her resignation to the Legislature, if in session, and if not in session shall then transmit it to the Secretary of State.

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

      NRS 223.080  When President Pro Tempore of Senate, Speaker of Assembly or Secretary of State act as Governor.

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

      2.  In case of the inability of the President Pro Tempore of the Senate to act as Governor in the event of a vacancy in the Office of Lieutenant Governor, the Speaker of the Assembly shall be called upon to serve until the vacancy shall be filled. If the Speaker of the Assembly is ineligible or unable to act, the Secretary of State shall be next in line of succession.

      3.  To effect the purposes of this section, the President Pro Tempore of the Senate and the Speaker of the Assembly shall each be deemed to hold their respective offices until their successors shall have been elected and qualified.

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

      NRS 223.085  Staff: Employment; salaries and benefits; rules and policies; Chief Information Officer of the State.

      1.  The Governor may, within the limits of available money, employ such persons as he or she deems necessary to provide an appropriate staff for the Office of the Governor, including, without limitation, the Office of Economic Development, the Office of Science, Innovation and Technology and the Governor’s mansion. Any such employees are not in the classified or unclassified service of the State and, except as otherwise provided in NRS 231.043 and 231.047, serve at the pleasure of the Governor.

      2.  The Governor shall:

      (a) Determine the salaries and benefits of the persons employed pursuant to subsection 1, within limits of money available for that purpose; and

      (b) Adopt such rules and policies as he or she deems appropriate to establish the duties and employment rights of the persons employed pursuant to subsection 1.

      3.  The Governor may:

      (a) Appoint a Chief Information Officer of the State; or

      (b) Designate the Administrator as the Chief Information Officer of the State.

Ê If the Administrator is so appointed, the Administrator shall serve as the Chief Information Officer of the State without additional compensation.

      4.  As used in this section, “Administrator” means the Administrator of the Division of Enterprise Information Technology Services of the Department of Administration.

      (Added to NRS by 1967, 1488; A 1971, 1423; 1981, 1271; 1997, 616; 1999, 3278; 2001, 2284; 2009, 2651; 2011, 2935, 3427)

      NRS 223.121  Portrait of Governor.

      1.  The Director may, upon the election of each new Governor, enter into a contract with an artist for the purpose of procuring a portrait of that Governor for display in the Capitol Building.

      2.  The portrait must be painted in oil colors and appropriately 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 in the Capitol Building.

      3.  The contract price must not exceed the appropriation made for this purpose to the Account for the Governor’s Portrait in the State General Fund. The contract price must include the cost of the portrait and the frame.

      4.  The portrait and frame are subject to the approval of the Governor.

      5.  Upon delivery of the approved, framed portrait to the Secretary of State and its acceptance by the Director, the State Controller shall draw his or her warrant in an amount equal to the contract price and the State Treasurer shall pay the warrant from the Account for the Governor’s Portrait. Any balance remaining in the Account immediately lapses to the State General Fund.

      6.  As used in this section, “Director” means the Director of the Department of Tourism and Cultural Affairs.

      (Added to NRS by 1981, 1553; A 1985, 713; 2007, 3306; 2011, 2936)

      NRS 223.140  Power to close banks and other financial institutions.  The Governor shall have the power to direct the closing of any or all banks and other financial institutions for definite periods of time whenever the public interest 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 formal resolution request such action; and

      2.  That banks desiring not to avail themselves of such holiday declared by the Governor may remain open and continue to do business upon notifying the Governor of such intention and receiving the consent of the State Board of Finance.

      [4:38:1933; 1931 NCL § 3306.03]

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

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

      NRS 223.160  Governor may order armed force when unlawful assembly.

      1.  When there is an unlawful or riotous assembly, with the intent to commit a felony, or to offer violence to person or property, or to resist, by force, the laws of the State, and the fact is made to appear to the Governor, the Governor may issue an order directed to the commanding officer of a division, brigade, regiment, battalion or company, to order his or her command, or any part thereof (describing the kind and number of troops), to appear at a time and place therein specified, to aid the civil authorities in suppressing violence and enforcing the laws.

      2.  The commanding officer to whom the order is given shall forthwith obey the same, and the troops so required shall appear at the time and place appointed, armed and equipped with ammunition as per inspection, and shall execute any order that they shall then and there receive, according to 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  Armed force to obey Governor’s order.  When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, it shall obey such orders in relation thereto 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  Governor may proclaim county in insurrection.

      1.  When the Governor shall be satisfied that the execution of civil or criminal process has been forcibly resisted in any county, by bodies of persons, or that combinations to resist the execution of process by force exist in any county, and that the power of the county has been exerted and has not been sufficient to enable the officer having the process to execute it, the Governor may, on the application of the officer, or of the district attorney or district judge of the county, by proclamation, to be published in such papers as the Governor shall direct, declare the county to be in a state of insurrection, and may order into the service of the State such number and description of volunteers, or uniformed companies or other militia of the State as the Governor shall deem necessary, to serve for such term and under the command of such officers as the Governor shall direct.

      2.  The Governor may, when he or she shall think proper, revoke the proclamation authorized by subsection 1, or declare that it shall cease at such time and in such manner as he or she 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  Governor to advise Legislature of appointments made to fill vacancies.  At the earliest day practicable, the Governor shall lay before the Legislature a statement of all appointments made by him or her to fill vacancies in office since the preceding session.

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

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

      1.  Except as otherwise provided in this section, when the Governor discharges a duty or exercises a power conferred by law to appoint a person to a new term or to fill a vacancy on a board, commission, committee, council, authority or similar body, the Governor shall appoint a person who has, in accordance with the provisions of NRS 281.050, actually, as opposed to constructively, resided, for at least 6 months 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 provisions of 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 another characteristic or status that a member must possess, including, without limitation, membership in another organization, would make it impossible to fulfill the provisions of subsection 1; or

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

      (Added to NRS by 2005, 1580)

      NRS 223.200  Highway Safety Act of 1966: Governor’s powers and duties; Program; Account.

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

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

      3.  The state agency designated by the Governor pursuant to subsection 2 shall, with the assistance of the Legislative Commission, the Supreme Court of Nevada, the Department of Transportation, the Division of Public and Behavioral Health of the Department of Health and Human Services, the Department of Education and other state agencies and local subdivisions, cause to be prepared a comprehensive Highway Safety Program Plan detailing how the State of Nevada proposes to progress toward long-range state goals to achieve full compliance with 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 program specified in the standards;

      (b) Estimates of annual costs of each program;

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

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

      4.  Costs of preparation of the Highway Safety Program must be paid from the Highway Safety Program Planning Account, which is hereby created in the State General Fund. Money provided by direct legislative appropriation must be accounted for in the Account, and money received from the Federal Government and from donations must be deposited in the State Treasury for credit to the Account. The state agency designated by the Governor pursuant to subsection 2 may make the necessary applications for federal money and provide required demonstrations that federal money will be matched with state money in the Highway Safety Program Planning Account. The state agency may also accept 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  Temporary authority of Governor to act and expend money in certain circumstances; duties of Legislative Commission; report to Legislature.

      1.  Whenever any Act of Congress, regulation promulgated by the President or from an executive department of the Federal Government, or decision of a court of the United States or of this State requires the Governor to perform any act for which legislative authority is lacking, either absolutely or in the alternative of forfeiting a grant of money or other thing of value or of action by the requiring authority, and the Legislature is not in session and cannot reasonably be convened in a 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 to do the act required.

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

      (d) Expend, for the purpose required, any money so accepted from the Federal Government or available to him or her from any nonstate source or from the Emergency Account. Any expenditures from the Emergency Account for the purposes provided in this subsection must be first approved by the Legislative Commission.

      2.  The Governor and the Legislative Commission shall report any action taken by them to the next session of the Legislature, whether regular or special. Unless the Legislature acts affirmatively to authorize the Governor or some other agency, board or commission to do the act required, all authority conferred by this section expires by limitation on the 11th day after the final adjournment of the session. In case of such an expiration, neither the Governor nor any agency, board or commission may expend any money received pursuant to this section except as required by a valid contract executed prior to the expiration.

      3.  As used in this section, the phrase “cannot reasonably be convened in a special session” imposes a duty upon the Governor or the members of the Legislature to consider, among other things:

      (a) The importance of the act required in relation to State Government as a whole;

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

      (c) The interval remaining before the next regular session.

      (Added to NRS by 1969, 90; A 1977, 329; 1991, 1756; 2013, 3753)

      NRS 223.240  Governor may enter into agreements or compacts concerning furnishing and exchange of police services.

      1.  The Governor may, on behalf of this State, enter into mutual or reciprocal aid agreements or compacts with other states or the Federal Government, either on a statewide or political subdivision basis. Prior to committing the personnel, equipment or facilities of any political subdivision of this State, the Governor shall consult with and obtain the approval of the law enforcement executive and the chief executive of each of the political subdivisions affected.

      2.  Such agreements shall be limited to furnishing or exchange of:

      (a) Police services;

      (b) Personnel necessary to provide or conduct such services; 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 and conditions of mutual or reciprocal aid and to reimbursement of costs and expenses for equipment, supplies, personnel and similar items for mobile support units and police units.

      4.  Any such agreement may not extend beyond the elected 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 223.500 to 223.575, inclusive, unless the context otherwise requires, the words and terms defined in NRS 223.505 to 223.535, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 1806; A 2001, 2653; 2003, 1507; 2011, 972; 2013, 1613)

      NRS 223.505  “Advocate” defined.  “Advocate” means the Governor’s Consumer Health Advocate appointed pursuant to NRS 223.550.

      (Added to NRS by 2011, 972)

      NRS 223.510  “Consumer” defined.  “Consumer” means a natural person who:

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

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

      3.  May need information concerning purchasing prescription drugs from Canadian pharmacies; or

      4.  Is in need of information or other assistance regarding his or her health care services or disputes in billing related to his or her medical claims.

      (Added to NRS by 1999, 1806; A 2003, 1507; 2005, 22nd Special Session, 155; 2011, 587)

      NRS 223.520  “Director” defined.  “Director” means the Director of the Department of Health and Human Services.

      (Added to NRS by 1999, 1806; A 2011, 972)

      NRS 223.530  “Health care plan” defined.  “Health care plan” means a policy, contract, certificate or agreement offered or issued to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.

      (Added to NRS by 1999, 1806)

      NRS 223.535  “Prescription drug program” defined.  “Prescription drug program” means a program:

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

      2.  Offered by the State of Nevada or a political subdivision thereof.

      (Added to NRS by 2003, 1506)

      NRS 223.540  Applicability of NRS 223.085.  The provisions of NRS 223.085 do not apply to the provisions of NRS 223.500 to 223.575, inclusive.

      (Added to NRS by 1999, 1806; A 2001, 2653; 2013, 1613)

      NRS 223.550  Creation of Office for Consumer Health Assistance; appointment and qualifications of Governor’s Consumer Health Advocate; payment of costs from assessments, gifts, grants or donations, and direct legislative appropriation.

      1.  The Office for Consumer Health Assistance is hereby established in the Department of Health and Human Services. The Director shall appoint the Governor’s Consumer Health Advocate to head the Office. The Advocate must:

      (a) Be selected on the basis of his or her training, experience, capacity and interest in health-related services.

      (b) Be a graduate of an accredited college or university. The Director shall, to the extent practicable, give preference to a person who has a degree in the field of health, social science, public administration or business administration or a related field.

      (c) Have not less than 3 years of experience in the administration of health care or insurance programs.

      (d) Have expertise and experience in the field of advocacy.

      2.  The cost of carrying out the provisions of NRS 223.500 to 223.575, inclusive, must be paid as follows:

      (a) That portion of the cost related to providing assistance to consumers and injured employees concerning workers’ compensation must be paid from the assessments levied pursuant to NRS 232.680.

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

      (c) That portion of the cost related to providing assistance to consumers in need of information or other facilitation regarding a prescription drug program may, to the extent money is available from this source, be paid from the proceeds of any gifts, grants or donations that are received by the Advocate for this purpose.

      (d) That portion of the cost related to providing assistance to consumers in need of information concerning purchasing prescription drugs from Canadian pharmacies may, to the extent money is available from this source, be paid from the proceeds of any gifts, grants or donations that are received by the Advocate for this purpose.

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

      (Added to NRS by 1999, 1806; A 2001, 778, 2653; 2003, 1507; 2005, 22nd Special Session, 155; 2011, 972; 2013, 1613)

      NRS 223.560  Duties of Advocate; authority of Advocate to adopt regulations.

      1.  The Advocate shall:

      (a) Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers’ compensation;

      (b) Assist consumers and injured employees in understanding their rights and responsibilities under health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance;

      (c) Identify and investigate complaints of consumers and injured employees regarding their health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:

             (1) Referring consumers and injured employees to the appropriate agency, department or other entity that is responsible for addressing the specific complaint of the consumer or injured employee; and

             (2) Providing counseling and assistance to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance;

      (d) Provide information to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance in this State;

      (e) Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the Office for Consumer Health Assistance;

      (f) Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the Advocate pursuant to this section;

      (g) In appropriate cases and pursuant to the direction of the Advocate, refer a complaint or the results of an investigation to the Attorney General for further action;

      (h) Provide information to and applications for prescription drug programs for consumers without insurance coverage for prescription drugs or pharmaceutical services;

      (i) Establish and maintain an Internet website which includes:

             (1) Information concerning purchasing prescription drugs from Canadian pharmacies that have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328;

             (2) Links to websites of Canadian pharmacies which have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328; and

             (3) A link to the website established and maintained pursuant to NRS 439A.270 which provides information to the general public concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State; and

      (j) Assist consumers with filing complaints against health care facilities and health care professionals. As used in this subsection, “health care facility” has the meaning ascribed to it in NRS 162A.740.

      2.  The Advocate may adopt regulations to carry out the provisions of NRS 223.560 to 223.575, inclusive.

      (Added to NRS by 1999, 1806; A 2003, 1507; 2005, 22nd Special Session, 156; 2007, 2358, 2881; 2009, 559; 2011, 587, 973; 2013, 1614)

      NRS 223.570  Powers of Advocate; conflicts of interest.

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

      (a) Shall, to carry out the provisions of this section and NRS 223.560, employ at least two persons who have experience in the field of workers’ compensation, including, without limitation, persons who have experience in administering claims or programs related to policies of industrial insurance, representing employees in contested claims relating to policies of industrial insurance or advocating for the rights of injured employees; and

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

             (1) Such persons in the unclassified service of the State as the Advocate determines to be necessary to carry out the provisions of this section and NRS 223.560, including, without limitation, a provider of health care, as that term is defined in NRS 449.581.

             (2) Such additional personnel as may be required to carry out the provisions of this section and NRS 223.560, who must be in the classified service of the State.

Ê A person employed pursuant to the authority set forth in this subsection must be qualified by training and experience to perform the duties for which the Advocate employs that person.

      2.  The Advocate 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 the Advocate determines to be necessary to carry out the provisions of this section and NRS 223.560.

      (b) Apply for any available grants, accept any gifts, grants or donations and use any such gifts, grants or donations to aid the Office for Consumer Health Assistance in carrying out its duties pursuant to paragraphs (h) and (i) of subsection 1 of NRS 223.560.

      3.  The Advocate and the Advocate’s employees shall not have any conflict of interest relating to the performance of their duties pursuant to this section and NRS 223.560. For the purposes of this subsection, a conflict of interest shall be deemed to exist if the Advocate or employee, or any person affiliated with the Advocate or employee:

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

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

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

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

      (Added to NRS by 1999, 1807; A 2001, 2653; 2003, 1508; 2005, 1073; 2005, 22nd Special Session, 156; 2011, 588, 974; 2013, 1615)

      NRS 223.575  Creation of Bureau for Hospital Patients; powers and duties of Advocate or Advocate’s designee; annual assessment of hospitals.

      1.  The Bureau for Hospital Patients is hereby created within the Office for Consumer Health Assistance.

      2.  The Advocate:

      (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 additional employees as are necessary to carry out the duties of the Bureau. The employees of the Bureau are in the unclassified service of the State.

      3.  The Advocate or the Advocate’s designee may, upon request made by either party, hear, mediate, arbitrate or resolve by alternative means of dispute resolution disputes between patients and hospitals. The Advocate or the Advocate’s designee may decline to hear a case that in the Advocate’s opinion is trivial, without merit or beyond the scope of his or her jurisdiction. The Advocate or the Advocate’s designee may hear, mediate, arbitrate or resolve through alternative means of dispute resolution disputes regarding:

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

      (b) The reasonableness of arrangements made for a patient to pay any bill for medical services, including, without limitation, arrangements to pay hospital bills made pursuant to paragraph (c) of subsection 1 of NRS 439B.260; and

      (c) Such other matters related to the charges for care provided to a patient as the Advocate or the Advocate’s designee determines appropriate for arbitration, mediation or other alternative means of dispute resolution.

Ê The Advocate’s designee must be an employee of the State and, except for the purposes of this subsection, must not be employed by, or otherwise associated with, the Bureau or the Office for Consumer Health Assistance.

      4.  The decision of the Advocate or the Advocate’s designee is a final decision for the purpose of judicial review.

      5.  Each hospital, other than federal and state hospitals, with 49 or more licensed or approved hospital beds shall pay an annual assessment for the support of the Bureau. On or before July 15 of each year, the Advocate shall notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.

      6.  The total amount assessed pursuant to subsection 5 for a fiscal year must not be more than $100,000 adjusted by the percentage change between January 1, 1991, and January 1 of the year 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 the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.

      (Added to NRS by 2001, 2652; A 2003, 351; 2005, 1022; 2011, 589, 975; 2013, 1615)

      NRS 223.580  Annual report: Requirements.  Repealed. (See chapter 337, Statutes of Nevada 2013, at page 1634.)

 

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 is hereby established in the Office of the Governor.

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

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

      (b) May assemble a panel of persons with appropriate experience in science and technology to make recommendations of qualified candidates for the position of Director.

      3.  The Director shall devote his or her entire time and attention to the business of his or her office and shall not engage in any other gainful employment or occupation.

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

      (Added to NRS by 2001, 2284)

      NRS 223.610  Duties of Director.  The Director of the Office of Science, Innovation and Technology shall:

      1.  Advise the Governor and the Executive Director of the Office of Economic Development on matters relating to science, innovation and technology.

      2.  Work in coordination with the Office of Economic Development to establish criteria and goals for economic development and diversification in this State in the areas of science, innovation and technology.

      3.  As directed by the Governor and the Executive Director of the Office of Economic Development, identify, recommend and carry out policies related to science, innovation and technology.

      4.  Report periodically to the Executive Director of the Office of Economic Development concerning the administration of the policies and programs of the Office of Science, Innovation and Technology.

      5.  Develop and coordinate efforts to attract biotechnological companies to this State.

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

      7.  In carrying out his or her duties pursuant to this section, consult with the Executive Director of the Office of Economic Development and cooperate with the Executive Director in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

      (Added to NRS by 2001, 2285; A 2011, 3427)

      NRS 223.620  Acceptance of gifts and money by Director; membership of Director on Nevada Technology Council.

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

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

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

Ê to assist the Director in carrying out his or her duties.

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

      (Added to NRS by 2001, 2285)

      NRS 223.630  Creation of Account; deposit of money.

      1.  The Account for the Office of Science, Innovation and Technology is hereby created in the State General Fund. The Account must be administered by the Director of the Office of Science, Innovation and Technology.

      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 the Account, after deducting any applicable charges, must be credited to the Account.

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

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

      (Added to NRS by 2001, 2285)