AB 368: Revises provisions governing electronic communication devices in locations where certain services are provided. (BDR 40-878) - Nevada

Reprint 2 → As Enrolled · 5 edits · Jun 3, 2025

MODERATE

This bill expands Nevada's existing rules on electronic communication devices to cover more types of facilities and residents. Previously, these protections only applied to skilled nursing facilities; now they also apply to intermediate care facilities, senior living communities, and homes for individuals with disabilities. The changes ensure residents in these new settings have the same right to request and use devices like video call systems without fear of retaliation or privacy violations.

Scope change

The bill broadens the scope from solely skilled nursing facilities to include intermediate care facilities, homes for individual residential care, long-term care units in hospitals, residential facilities for groups, and senior living communities.

SCOPE

Extended the right to request and use electronic communication devices to residents of intermediate care facilities, homes for individual residential care, long-term care units in hospitals, residential facilities for groups, and senior living communities.

ELIGIBILITY

Authorized residents of living communities for persons with disabilities to request the installation and use of electronic communication devices in their bedrooms.

ENFORCEMENT

Authorized the Division of Public and Behavioral Health to deny, suspend, or revoke licenses for covered facilities that fail to comply with the new device installation rules.

REQUIREMENT

Prohibited providers of supported living arrangement services from entering contracts that ban device use or taking retaliatory actions against recipients who install or use such devices.

Added a new prohibition against posting images or sounds of employees or contractors from living communities on the internet when captured by an electronic communication device.

As Introduced → Reprint 1 · 4 edits

MODERATE

This bill expands its scope beyond facilities for assisted living to also include living communities for persons with disabilities and supported living arrangements. The changes allow residents of these new categories to request electronic communication devices, while adding specific protections against discrimination and prohibiting providers from posting images of residents on social media.

Scope change

The bill's applicability was expanded to include residents of living communities for persons with disabilities and recipients of supported living services, in addition to patients in assisted living facilities.

SCOPE

Extended the bill's protections to residents of living communities for persons with disabilities and recipients of supported living services, not just assisted living patients.

REQUIREMENT

Added a new section prohibiting providers of supported living services from taking adverse actions regarding the installation and use of electronic communication devices in a recipient's home.

ENFORCEMENT

Added a new penalty prohibiting any person from posting or uploading images or sounds of employees or contractors from a living community onto an internet website.

ELIGIBILITY

Updated the legislative summary and act text to reflect the inclusion of the newly covered disability and supported living populations.

Reprint 1 → Reprint 2 · 4 edits

MODERATE

This bill expands the right to request electronic communication devices in more types of residential care facilities and clarifies the specific living spaces where devices can be installed. The changes broaden eligibility by removing the word 'any' from assisted living facilities and adding 'bedroom' as a specific location for residents in living communities for persons with disabilities. The bill also updates terminology to use 'covered facility' instead of 'facility for assisted living' to reflect the expanded scope of eligible locations.

Scope change

The bill's scope was expanded from 'any facility for assisted living' to 'certain facilities' with a new definition of 'covered facility' that includes intermediate care, skilled nursing, individual residential care, hospital long-term care units, residential group facilities, and senior living communities. Additionally, the right to request devices for residents of living communities for persons with disabilities was specifically limited to their bedroom rather than general living quarters.

SCOPE

Changed 'any facility for assisted living' to 'certain facilities' and introduced the new term 'covered facility' to define the specific types of facilities eligible under the bill.

ELIGIBILITY

Added 'bedroom' as a specific location where residents of living communities for persons with disabilities may request installation of electronic communication devices.

DEFINITION

Replaced 'facility for assisted living' with 'covered facility' and updated the definition to list six specific facility types instead of seven, removing 'secure unit in a medical facility for the provision of care to persons with dementia' from the list.

ENFORCEMENT

Updated references to facilities throughout the document to use 'covered facility' or 'living community' terminology consistently.

Revises provisions governing electronic communication devices in locations where certain services are provided. (BDR 40-878)

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