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Bill would move Nevada personal-care agencies out of medical-facility chapter to a new statute
Summary
Assembly Bill 519 would create a separate statutory chapter to regulate nonmedical personal care agencies, family caregiving programs and intermediary service organizations to better fit home-based, nonmedical care; bill presenters said it aims to reduce regulatory mismatch and expand access amid workforce shortages.
Assembly Bill 519, introduced by Assemblywoman Tracy Brown‑May, would remove personal care agencies from Nevada Revised Statutes Chapter 449 — the chapter that governs medical facilities — and create a standalone statutory chapter tailored to nonmedical, in‑home personal care services.
Supporters argued the existing regulatory framework was designed for brick‑and‑mortar medical facilities and imposes burdens that do not fit home‑based personal care. “Personal care is not offered in the same setting as a hospital or nursing home,” Connie McMullen, chair of the Personal Care Association of Nevada, told the committee. She said caregivers provide activities of daily living and are fingerprinted, background‑checked and trained, but are subject to rules crafted for institutional medical providers.
The bill moves regulation of personal care agencies (PCAs), intermediary service organizations (ISOs) and employment agencies for in‑home caregivers into a new chapter so rules can be designed for the nonmedical direct‑care workforce. Maxim Healthcare’s Kate Morrison described a related component: a family home health‑aide or family caregiving program that would allow trained family members to serve as paid caregivers for medically fragile children when private‑duty nursing is unavailable.
Assemblywoman Brown‑May told the committee the reprint adds language (section 120 in the first reprint) to allow a family member who receives Medicaid to be trained and serve as a personal care assistant under certain conditions. Committee members raised concerns about the practical separation between nonmedical and medical tasks, noting caregivers sometimes perform tasks that verge into clinical care (insulin administration, wound care). Brown‑May responded the change is intended to regulate community‑based personal care separately while retaining existing expectations for safe practice and training.
Stakeholders including Consumer Direct Care Network and other provider groups testified in support. No formal committee vote was recorded on AB 519 during the hearing.
