Committee Background
The Department of Health and Human Services (DHHS) Division of Health Care Financing and Policy will manage the Electronic Health Information Advisory Group established by Assembly Bill 7 (AB 7) of the 82nd Legislative Session. The Advisory Group will advise the DHHS Director in the adoption of regulations to prescribe standards relating to electronic health records, health-related information, and health information exchanges pursuant to Nevada Revised Statute (NRS) 439.589, as amended by Section 1.08 of this bill.
The Advisory Group includes members appointed by the DHHS Director, as well as the Administrator of the Division of Public and Behavioral Health, the Administrator of the Division of Health Care Financing and Policy, the Administrator of the Division of Welfare and Supportive Services, the Commissioner of Insurance, each district health officer, the Executive Officer of the Public Employees’ Benefits Program, and the Executive Director of the Silver State Health Insurance Exchange.
Member List
Please see this document for a list of all current voting and non-voting, ex-officio members of the Electronic Health Information Advisory Group.
Regulations Development
The Nevada Division of Health Care Financing and Policy (DHCFP) has drafted revisions to Nevada Administrative Code (NAC) Chapter 439 in accordance with Assembly Bill 7 (AB 7) of the 2023 legislative session. The development of this bill emerged from the Patient Protection Commission in recognizing the lack of electronic health information accessibility patients may experience through visiting a variety of health care providers. This bill requires all providers of health care (as defined per Nevada Revised Statute (NRS) 629.031) – unless otherwise exempted – to implement an interoperable electronic health records system by January 1, 2030.
Furthermore, Section 2.7(1.) of the bill reads: on or before July 1, 2023, the Director of the Department shall convene an advisory group to advise the Director of the Department of Health and Human Services (DHHS) in the adoption of regulations pursuant to NRS 439.589, as amended by section 1.08 of this act. In direct response, the Electronic Health Information Advisory Group (EHIAG) was first convened on March 7, 2024 for the specific purpose to advise the DHHS Director in the adoption of regulations pursuant to NRS 439.589 [effective July 1, 2024]. The EHIAG conducted four meetings to develop proposed regulatory language, approved on June 17, 2024.
A copy of the draft regulations may be found on the Legislative Counsel Bureau (LCB) website here, under LCB File No. R173-24.
Public comment is welcome regarding the draft proposed regulations. Please send all related public comment to: communityandprovider@dhcfp.nv.gov, noting "AB 7 Regulations" in the subject line.
Pursuant to NRS 233B.0608(2)(a), the Division of Health Care Financing and Policy (DHCFP) on behalf of the Department of Health and Human Services (DHHS) requested input from Nevada-licensed and regulated providers of health care and medical facilities regarding the impact to implement an interoperable electronic health records system and the corresponding available grant program. A summary of the responses is provided here:
Please see links below for official written public comment received by the Division regarding the proposed amendment to Nevada Administrative Code (NAC) Chapter 439 in accordance with Assembly Bill 7 (2023).
Please be sure to check the DHCFP Public Notices webpage for all public meetings associated with the draft proposed regulations in response to the requirements of AB 7.
Approved Regulations
The Division of Health Care Financing and Policy, on behalf of the Department of Health and Human Services, adopted regulations assigned Legislative Counsel Bureau (LCB) File No. R173-24, which pertains to chapter 439 of the Nevada Administrative Code (NAC) on October 31, 2024. During the December 19, 2024 meeting of the Nevada Legislative Commission, the regulations received approval and were filed with the Secretary of State.
The regulations are effective upon approval of the Legislative Commission and therefore currently in effect. All health care providers and medical facilities licensed to operate in Nevada must be able to maintain, transmit, and exchange health information in accordance with new State law.
Compliance Deadlines
As documented in the enrolled 2023 Assembly Bill 7 text, Section 2.8:
- Hospitals and physician group practices with more than 20 employees must comply with the provisions of NRS 439.589 by July 1, 2024;
- all other health care providers and entities (unless listed below) must comply by July 1, 2025; and
- physician group practices with 20 or fewer employees, solo practitioners, and small health care businesses must comply by January 1, 2030.