Assembly Bill (AB) 54, passed during the 2023 Legislative Session. The bill changed the way residential treatment facilities are reimbursed for providing instruction to public school students.

To be eligible for reimbursement as an in-state hospital or facility: 

Pursuant to NRS 387.1225(1), the hospital or facility may qualify for reimbursement if:

• They are licensed by the Nevada Division of Public and Behavioral Health (of the Department of Health and Human Services); 
• Provide residential treatment to children;
• Operate a private school licensed by NDE pursuant to Chapter 394 of NRS.
• The school district or charter school has verified that the child is a patient or resident of the hospital or facility; and 
• The child has attended the private school for more than seven (7) days.

To be eligible for reimbursement as an out-of-state hospital or facility:

Pursuant to NRS 387.1225(2), the hospital or facility may qualify for reimbursement if: 

• The hospital or facility is licensed as a residential treatment center by any state or territory of the United States or the District of Columbia; 
• Provide residential treatment to children; 
• Operate an educational program accredited by a national organization;
• Be an approved private school by NDE; 
• The Department and the school district or charter school, as applicable, has verified that the child is a patient or resident of the hospital or facility and is a resident of the state of Nevada; 
• Has been admitted to the medical facility under the order of a physician to receive medically necessary treatment for a medical or mental health condition with which the child has been diagnosed; 
• Is admitted to the hospital or facility on an order from a physician because the necessary treatment required for the child is not available in Nevada; 
• Attends the accredited educational program for more than seven (7) days; and 
• Is not homeschooled or enrolled in a private school. 

Payment starts on the 8th day of enrollment and reimbursement will only apply to school days in session based on the WCSD calendar. Reimbursement will apply to WCSD students, not including those previously enrolled at a charter school, home school, private school, or students who had a break in service. A break in service occurs when a student is not attending the educational program provided by the district they are enrolled in and the student is not attending a program consistently. If a student is withdrawn for more than 90 calendar days and there is not a stay-put order issued by a Hearing Officer, a break in service has occurred.

All facilities must complete the Treatment Facility Form and provide the following information:

• Documentation verifying the child is a patient or resident of the hospital;
• Documentation verifying the child has attended the facilities private school for more than seven (7) days; 
• Documentation that the hospital or facility has notified the school district or charter school the child is enrolled in;
• Documentation of the request to transfer educational records.

Out-of-State Facilities

In addition to the above requirements, an out-of-state hospital or other facility with an educational program accredited by a national organization and approved by NDE must include in its request for reimbursement:

Documentation verifying that the child:

• Is a resident of Nevada;
• Is admitted to the hospital or other facility on an order from a physician:
• To receive medically necessary treatment for a medical or mental health condition with which the child has been diagnosed; and
• Because the necessary treatment required for the child is not available in Nevada;
• Is not currently homeschooled or enrolled in a private school and was not homeschooled or enrolled in a private school before being admitted to the hospital or other facility.