Assembly committee amends and advances bill to enshrine federal health nondiscrimination protections in Nevada law

Carson City — The Nevada Assembly Committee on Commerce and Labor amended and advanced Senate Bill 352 in a work session after testimony for and against the measure during a public hearing. SB352 would place into Nevada statute nondiscrimination protections that currently derive from federal law (Section 1557 of the Affordable Care Act), extending them across multiple Nevada insurance statutes, state health programs and the individual market.

Sen. Melanie Scheibel, sponsor of SB352, told the committee the bill "ensures that we put into state law the protections that currently exist at the federal level for nondiscrimination," and said the proposal repeats the protection across several NRS sections because changes to insurance rules must be made in multiple locations. The bill replaces language that referred specifically to "gender identity or expression" with a broader definition of "protected characteristic" that explicitly lists race, color, national origin, age, physical or mental disability, sexual orientation and gender identity or expression.

Advocates for the bill said codifying the protections is a safeguard in case federal interpretations change. Jessica Munger of Silver State Equality said the change is intended to protect LGBTQ+ Nevadans from discrimination in access to insurance and care. Brooke Mailath, who testified in support, framed the measure as protecting marginalized communities' access to health care.

Opponents included the Nevada Republican Party’s legislative affairs director, who described the bill as "unnecessary and legally redundant" and argued the bill could conflict with recent federal executive actions. Kimberly Fergus, a caller, said the bill would mandate controversial coverage and impose unfunded costs; Joshua Skaggs of the Nevada Republican Party urged a no vote on those grounds. Testimony therefore ranged from policy and civil‑rights arguments to concerns about cost, medical standards and federal‑state conflicts.

The Nevada Division of Insurance submitted written comments and provided neutral testimony. Adam Plain told the committee he worked with the sponsor on language addressing age rating and noted a March proposed CMS "market stabilization" rule that, if finalized as proposed, could bar treatments described in the proposal from being classified as an essential health benefit and potentially trigger federal defrayal. Plain also noted that, under federal rules (45 CFR 147.102), age rating bands are governed at the federal level and the sponsor's amendment was intended to preserve allowable age banding under federal law.

In the work session that followed the hearing, Assembly Speaker Yeager moved to "amend and do pass" SB352 with the sponsor's proposed amendment clarifying that "the provisions of this section do not prohibit the department from determining eligibility for participation or coverage under Medicaid in a manner that is otherwise authorized by state or federal law." Assemblymember Monroe Moreno seconded the motion. Chair Marzola called for a voice vote; the motion passed. During roll call objections, the committee recorded nays from Assemblymembers O'Neil, Urick and Cole; the chair announced the motion passed and she assigned the floor statement to Assemblymember Monroe Moreno.

Sponsor Scheibel said the bill does not change procedures for care or what treatments insurers must cover; instead it codifies nondiscrimination protections into state statute and she agreed to the Medicaid eligibility language requested by the Department of Health and Human Services.

Ending: With the committee's amendment, SB352 was advanced from committee to the floor with a favorable recommendation; committee members raised concerns about potential federal rule changes and budgetary defrayal but committee leadership and the sponsor said they had negotiated language to address some technical concerns. The committee assigned the floor statement to Assemblymember Monroe Moreno.