Nevada Right to Emergency Medical Care Amendment (2020)
| Nevada Right to Emergency Medical Care Amendment | |
|---|---|
 | |
| Election date November 3, 2020 | |
| Topic Healthcare | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Nevada Right to Emergency Medical Care Amendment was not on the ballot in Nevada as a legislatively referred constitutional amendment on November 3, 2020.
The measure would have created a constitutional right of residents to medically-necessary emergency care and services at a reasonable cost.[1]
The measure would have prohibited hospitals and independent facilities from denying services to individuals, regardless of whether an individual has health insurance or the ability to pay. The measure would have also prohibited hospitals and independent facilities from charging for any services or products in excess of (a) 150 percent of the lowest rate the hospital or facility agreed to accept from a federal insurer, such as Medicare or Medicaid, for the service or product; or (b) a rate provided for in law by the state legislature. Hospitals and independent facilities would have been allowed to charge above the 150 percent limit if they prove to the state agency in charge of enforcing this amendment that it is absolutely necessary to avoid a confiscatory rate.[1]
Text of measure
Constitutional changes
- See also: Article 15, Nevada Constitution
The measure would have added a Section 17 to Article 15 of the Nevada Constitution. The following text would have been added:[1]
Note: Hover over the text and scroll to see the full text.
2. All persons in this State have a right to receive medically necessary emergency services at a reasonable cost, and except as otherwise provided in subsection 3, no hospital or independent facility for emergency medical care shall charge for any treatment, service or medication or other product provided to a person who arrives at the hospital or facility seeking medically necessary emergency services, whether or not the person has insurance, an amount which is:
- (a) Greater than 150 percent of the lowest rate which the hospital or facility has agreed to accept from a federal public insurer for the treatment, service or medication or other product; or
- (b) If the Legislature provides by law for a different rate pursuant to subsection 5, greater than the rate provided by law.
3. If the Legislature has not provided by law for a different rate pursuant to subsection 5, the state agency authorized by law to regulate the hospital or independent facility for emergency medical care may allow the hospital or facility to increase the rate above the rate provided in paragraph (a) of subsection 2 only if the hospital or facility proves that the increase is absolutely necessary to avoid a rate that is confiscatory under the Constitution of the United States. If the state agency allows such an increase, the amount of the increase must not exceed the amount that the hospital or facility proves is absolutely necessary to avoid an unconstitutional result.
4. The provisions of subsections 1, 2 and 3:
- (a) Are self-executing.
- (b) May not be waived in any manner or altered or varied by agreement.
- (c) May be enforced by:
- (1) The State of Nevada or a political subdivision of the State of Nevada.
- (2) A civil action brought by a person who is denied any right protected by those provisions.
5. The Legislature:
- (a) Shall provide by law for the administration and enforcement of the provisions of this section.
- (b) May provide by law for a different rate than the rate provided in paragraph (a) of subsection 2 if the Legislature establishes, by law, a commission to ensure that hospitals and independent facilities for emergency medical care provide medically necessary emergency services at a reasonable cost. If such a commission is established, the Legislature shall provide by law for:
- (1) The appointment of the members of the commission; and
- (2) The powers and duties of the commission consistent with the provisions of this section.[2]
Path to the ballot
- See also: Amending the Nevada Constitution
In Nevada, a majority vote is required in two successive sessions of the Nevada State Legislature to place an amendment on the ballot.
2017 legislative session
The amendment was introduced as Assembly Joint Resolution 14 (AJR 14) on May 17, 2017. The Nevada Assembly approved the measure 26 to 14 with two members not voting on June 1, 2017. The Nevada Senate approved the amendment 12 to 9 on June 4, 2017. In both chambers, the vote occurred along party lines. Republicans opposed the measure, while Democrats supported referral. The one independent member of the Senate voted in favor of the amendment.[3]
|
Vote in Assembly on June 1, 2017
|
Vote in Senate on June 4, 2017
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2019 legislative session
Both chambers of the state legislature needed to pass AJR 14 during the 2019 legislative session to refer the amendment to the ballot for the election on November 3, 2020. However, neither chamber of the legislature voted on AJR 14 in 2019.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Nevada Secretary of State, "Assembly Joint Resolution 14," accessed June 5, 2017
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ Nevada Legislature, "AJR 14 Overview," accessed June 5, 2017
