AB429

Assembly Bill No. 429–Committee on Health

and Human Services

CHAPTER........

AN ACT relating to public welfare; clarifying the duties of and making various changes

concerning the division of health care financing and policy of the department of

human resources; making various changes concerning the children’s health

insurance program; repealing the prospective expiration of the provisions governing

the division of health care financing and policy; providing a penalty; and providing

other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 422 of NRS is hereby amended by adding thereto

the provisions set forth as sections 2, 3 and 4 of this act.

Sec. 2. "Children’s health insurance program" means the program

established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive, to

provide health insurance for uninsured children from low-income

families in this state.

Sec. 3. 1. Before adopting, amending or repealing any regulation

for the administration of a program of public assistance or any other

program for which the division of health care financing and policy is

responsible, the administrator shall give at least 30 days’ notice of his

intended action.

2. The notice of intent to act upon a regulation must:

(a) Include a statement of the need for and purpose of the proposed

regulation, and either the terms or substance of the proposed regulation

or a description of the subjects and issues involved, and of the time when,

the place where, and the manner in which, interested persons may

present their views thereon.

(b) Include a statement identifying the entities that may be financially

affected by the proposed regulation and the potential financial impact, if

any, upon local government.

(c) State each address at which the text of the proposed regulation

may be inspected and copied.

(d) Be mailed to all persons who have requested in writing that they be

placed upon a mailing list, which must be kept by the administrator for

that purpose.

3. All interested persons must be afforded a reasonable opportunity

to submit data, views or arguments upon a proposed regulation, orally or

in writing. The administrator shall consider fully all oral and written

submissions relating to the proposed regulation.

4. The administrator shall keep, retain and make available for public

inspection written minutes of each public hearing held pursuant to this

section in the manner provided in subsections 1 and 2 of NRS 241.035.

5. The administrator may record each public hearing held pursuant

to this section and make those recordings available for public inspection

in the manner provided in subsection 4 of NRS 241.035.

6. An objection to any regulation on the ground of noncompliance

with the procedural requirements of this section may not be made more

than 2 years after its effective date.

Sec. 4. 1. If the division of health care financing and policy denies

an application for the children’s health insurance program, the division

shall provide written notice of the decision to the applicant. An applicant

who disagrees with the denial of the application may request a review of

the case and a hearing before an impartial hearing officer by filing a

written request within 30 days after the date of the notice of the decision

at the address specified in the notice.

2. The division of health care financing and policy shall adopt

regulations regarding the review and hearing before an impartial

hearing officer. The decision of the hearing officer must be in writing.

3. The applicant may at any time within 30 days after the date on

which the written decision is mailed, petition the district court of the

judicial district in which the applicant resides to review the decision. The

district court shall review the decision on the record. The decision and

record must be certified as correct and filed with the court by the

administrator of the division for health care financing and policy.

4. The review by the court must be in accordance with NRS 422.299.

Sec. 5. NRS 422.001 is hereby amended to read as follows:

422.001 As used in this chapter, unless the context otherwise requires,

the words and terms defined in NRS 422.010 to 422.055, inclusive, and

section 2 of this act have the meanings ascribed to them in those sections.

Sec. 6. NRS 422.050 is hereby amended to read as follows:

422.050 1. "Public assistance" includes:

[~~1.]~~ (a) State supplementary assistance;

[~~2.]~~ (b) Temporary assistance for needy families;

[~~3.]~~ (c) Medicaid;

[~~4.]~~ (d) Food stamp assistance;

[~~5.]~~ (e) Low-income home energy assistance;

[~~6.]~~ (f) The program for child care and development; and

[~~7.]~~ (g) Benefits provided pursuant to any other public welfare program

administered by the welfare division or the division of health care financing

and policy pursuant to such additional federal legislation as is not

inconsistent with the purposes of this chapter.

2. The term does not include the children’s health insurance

program.

Sec. 7. NRS 422.2352 is hereby amended to read as follows:

422.2352 As used in NRS 422.2352 to 422.2374, inclusive, and

section 3 of this act, 422.301 to 422.306, inclusive, and 422.380 to

422.390, inclusive, unless the context otherwise requires, "administrator"

means the administrator of the division of health care financing and policy.

Sec. 8. NRS 422.2366 is hereby amended to read as follows:

422.2366 1. The administrator or his designated representative may

administer oaths and take testimony thereunder and issue subpoenas

requiring the attendance of witnesses before the division of health care

financing and policy at a designated time and place and the production of

books, papers and records relative to:

(a) Eligibility or continued eligibility to provide medical care, remedial

care or other services pursuant to the state plan for Medicaid [;] or the

children’s health insurance program; and

(b) Verification of treatment and payments to a provider of medical

care, remedial care or other services pursuant to the state plan for Medicaid

~~[.]~~ or the children’s health insurance program.

2. If a witness fails to appear or refuses to give testimony or to produce

books, papers and records as required by the subpoena, the district court of

the county in which the investigation is being conducted may compel the

attendance of the witness, the giving of testimony and the production of

books, papers and records as required by the subpoena.

Sec. 9. NRS 422.290 is hereby amended to read as follows:

422.290 1. To restrict the use or disclosure of any information

concerning applicants for and recipients of public assistance or assistance

pursuant to the children’s health insurance program to purposes directly

connected to the administration of this chapter, and to provide safeguards

therefor, under the applicable provisions of the Social Security Act, the

welfare division and the division of health care financing and policy shall

establish and enforce reasonable regulations governing the custody, use and

preservation of any records, files and communications filed with the

welfare division or the division of health care financing and policy.

2. If, pursuant to a specific statute or a regulation of the welfare

division or the division of health care financing and policy, names and

addresses of, or information concerning, applicants for and recipients of

assistance , including, without limitation, assistance pursuant to the

children’s health insurance program, are furnished to or held by any other

agency or department of government, such agency or department of

government is bound by the regulations of the department prohibiting the

publication of lists and records thereof or their use for purposes not directly

connected with the administration of this chapter.

3. Except for purposes directly connected with the administration of

this chapter, no person may publish, disclose or use, or permit or cause to

be published, disclosed or used, any confidential information pertaining to

a recipient of assistance , including, without limitation, a recipient of

assistance pursuant to the children’s health insurance program, under

the provisions of this chapter.

Sec. 10. NRS 422.293 is hereby amended to read as follows:

422.293 1. When a recipient of Medicaid or a recipient of insurance

provided pursuant to the children’s health insurance program incurs an

illness or injury for which medical services are payable [~~under the state~~

~~plan]~~ by the department and which is incurred under circumstances

creating a legal liability in some person other than the recipient or a

division of the department to pay all or part of the costs of such services,

the department is subrogated to the right of the recipient to the extent of all

such costs and may join or intervene in any action by the recipient or his

successors in interest to enforce such legal liability.

2. If a recipient or his successors in interest fail or refuse to commence

an action to enforce the legal liability, the department may commence an

independent action, after notice to the recipient or his successors in interest,

to recover all costs to which it is entitled. In any such action by the

department, the recipient or his successors in interest may be joined as

third-party defendants.

3. In any case where the department is subrogated to the rights of the

recipient or his successors in interest as provided in subsection 1, the

department has a lien upon the proceeds of any recovery from the persons

liable, whether the proceeds of the recovery are by way of judgment,

settlement or otherwise. Such a lien must be satisfied in full, unless reduced

pursuant to subsection 5, at such time as:

(a) The proceeds of any recovery or settlement are distributed to or on

behalf of the recipient, his successors in interest or his attorney; and

(b) A dismissal by any court of any action brought to enforce the legal

liability established by subsection 1.

No such lien is enforceable unless written notice is first given to the person

against whom the lien is asserted.

4. The recipient or his successors in interest shall notify the department

in writing before entering any settlement agreement or commencing any

action to enforce the legal liability referred to in subsection 1. Except if

extraordinary circumstances exist, a person who fails to comply with the

provisions of this subsection shall be deemed to have waived any

consideration by the director or his designated representative of a reduction

of the amount of the lien pursuant to subsection 5 and shall pay to the

department all costs to which it is entitled and its court costs and attorney’s

fees.

5. If the department receives notice pursuant to subsection 4, the

director or his designated representative may, in consideration of the legal

services provided by an attorney to procure a recovery for the recipient,

reduce the lien on the proceeds of any recovery.

6. The attorney of a recipient:

(a) Shall not condition the amount of attorney’s fees or impose

additional attorney’s fees based on whether a reduction of the lien is

authorized by the director or his designated representative pursuant to

subsection 5.

(b) Shall reduce the amount of the fees charged the recipient for services

provided by the amount the attorney receives from the reduction of a lien

authorized by the director or his designated representative pursuant to

subsection 5.

Sec. 11. NRS 422.29314 is hereby amended to read as follows:

422.29314 1. The welfare division shall provide public assistance

pursuant to:

(a) The program established to provide temporary assistance for needy

families;

(b) [~~The program for assistance to the medically indigent;]~~ Medicaid; or

pursuant to 42 U.S.C. §§ 1397 et seq.,

to a qualified alien who complies with the requirements established by the

welfare division pursuant to federal law and this chapter for the receipt of

benefits pursuant to that program.

2. As used in this section, "qualified alien" has the meaning ascribed to

it in 8 U.S.C. § 1641.

Sec. 12. NRS 422.294 is hereby amended to read as follows:

422.294 1. Subject to the provisions of subsection 2, if an application

for public assistance or claim for services is not acted upon by the [~~welfare~~

~~division]~~ department within a reasonable time after the filing of the

application [,] or claim for services, or is denied in whole or in part, or if

any grant of public assistance or claim for services is reduced, suspended

or terminated, the applicant for or recipient of public assistance may appeal

to the [~~welfare division]~~ department and may be represented in the appeal

by counsel or other representative of his choice.

2. Upon the initial decision to deny, reduce, suspend or terminate

public assistance [~~, the welfare division]~~ or services, the department shall

notify that applicant or recipient of its decision, the regulations involved

and his right to request a hearing within a certain period. If a request for a

hearing is received within that period, the [~~welfare division]~~ department

shall notify that person of the time, place and nature of the hearing. The

~~[welfare division]~~ department shall provide an opportunity for a hearing of

that appeal and shall review his case regarding all matters alleged in that

appeal.

3. The [~~welfare division]~~ department is not required to grant a hearing

pursuant to this section if the request for the hearing is based solely upon

the provisions of a federal law or a law of this state that requires an

automatic adjustment to the amount of public assistance or services that

may be received by an applicant or recipient.

Sec. 13. NRS 422.296 is hereby amended to read as follows:

422.296 1. At any hearing held pursuant to the provisions of

subsection 2 of NRS 422.294, opportunity must be afforded all parties to

respond and present evidence and argument on all issues involved.

2. Unless precluded by law, informal disposition may be made of any

hearing by stipulation, agreed settlement, consent order or default.

3. The record of a hearing must include:

(a) All pleadings, motions and intermediate rulings.

(b) Evidence received or considered.

.
(d) Any decision, opinion or report by the hearing officer presiding at

the hearing.

4. Oral proceedings, or any part thereof, must be transcribed on request

of any party seeking judicial review of the decision.

5. Findings of fact must be based exclusively on substantial evidence.

6. Any employee or other representative of the [~~welfare division]~~

department who investigated or made the initial decision to deny, modify

or cancel a grant of public assistance shall not participate in the making of

any decision made pursuant to the hearing.

Sec. 14. NRS 422.298 is hereby amended to read as follows:

422.298 1. A decision or order issued by a hearing officer must be in

writing. A final decision must include findings of fact and conclusions of

law, separately stated. Findings of fact, if set forth in statutory or regulatory

language, must be accompanied by a concise and explicit statement of the

underlying facts supporting the findings. A copy of the decision or order

must be delivered by certified mail to each party and to his attorney or

other representative.

2. The [~~welfare division]~~ department or an applicant for or recipient of

public assistance or services may, at any time within 90 days after the date

on which the written notice of the decision is mailed, petition the district

court of the judicial district in which the applicant for or recipient of public

assistance resides to review the decision. The district court shall review the

decision on the record of the case before the hearing officer. The decision

and record must be certified as correct and filed with the clerk of the court

by the [~~state welfare administrator.~~] department.

Sec. 15. NRS 422.299 is hereby amended to read as follows:

422.299 1. Before the date set by the court for hearing, an

application may be made to the court by motion, with notice to the

opposing party and an opportunity for that party to respond, for leave to

present additional evidence. If it is shown to the satisfaction of the court

that the additional evidence is material and that there were good reasons for

failure to present it in the proceeding before the [~~welfare division,]~~

department, the court may order that the additional evidence be taken

before the [~~welfare division]~~ department upon conditions determined by

the court. The [~~welfare division]~~ department may modify its findings and

decision by reason of the additional evidence and shall file that evidence

and any modifications, new findings or decisions with the reviewing court.

2. The review must be conducted by the court without a jury and must

be confined to the record. In cases of alleged irregularities in procedure

before the [~~welfare division,]~~ department, not shown in the record, proof

thereon may be taken in the court. The court, at the request of either party,

shall hear oral argument and receive written briefs.

3. The court shall not substitute its judgment for that of the [~~welfare~~

~~division]~~ department as to the weight of the evidence on questions of fact.

The court may affirm the decision of the [~~welfare division]~~ department or

remand the case for further proceedings. The court may reverse the

decision and remand the case to the [~~division]~~ department for further

proceedings if substantial rights of the appellant have been prejudiced

because the [~~welfare division’s]~~ department’s findings, inferences,

conclusions or decisions are:

(a) In violation of constitutional, regulatory or statutory provisions;

(b) In excess of the statutory authority of the [~~welfare division;]~~

department;

(d) Affected by other error of law;

(e) Clearly erroneous in view of the reliable, probative and substantial

evidence on the whole record; or

(f) Arbitrary or capricious or characterized by abuse of discretion or

clearly unwarranted exercise of discretion.

4. An aggrieved party may obtain review of any final judgment of the

district court by appeal to the supreme court. The appeal must be taken in

the manner provided for civil cases.

Sec. 16. NRS 422.306 is hereby amended to read as follows:

422.306 1. Upon receipt of a request for a hearing from a provider of

services under the state plan for Medicaid, the division of health care

financing and policy shall appoint a hearing officer to conduct the hearing.

Any employee or other representative of the division of health care

financing and policy who investigated or made the initial decision

regarding the action taken against a provider of services may not be

appointed as the hearing officer or participate in the making of any decision

pursuant to the hearing.

2. The division of health care financing and policy shall adopt

regulations prescribing the procedures to be followed at the hearing.

3. The decision of the hearing officer is a final decision. Any party,

including the division of health care financing and policy, who is aggrieved

by the decision of the hearing officer may appeal that decision to the

district court [.] in and for Carson City by filing a petition for judicial

review within 30 days after receiving the decision of the hearing officer.

4. A petition for judicial review filed pursuant to this section must be

served upon every party within 30 days after the filing of the petition for

judicial review.

5. Unless otherwise provided by the court:

(a) Within 90 days after the service of the petition for judicial review,

the division of health care financing and policy shall transmit to the

court the original or a certified copy of the entire record of the

proceeding under review, including, without limitation, a transcript of

the evidence resulting in the final decision of the hearing officer;

(b) The petitioner who is seeking judicial review pursuant to this

section shall serve and file an opening brief within 40 days after the

division of health care financing and policy gives written notice to the

parties that the record of the proceeding under review has been filed with

the court;

(c) The respondent shall serve and file an answering brief within 30

days after service of the opening brief; and

(d) The petitioner may serve and file a reply brief within 30 days after

service of the answering brief.

6. Within 7 days after the expiration of the time within which the

petitioner may reply, any party may request a hearing. Unless a request

for hearing has been filed, the matter shall be deemed submitted.

7. The review of the court must be confined to the record. The court

shall not substitute its judgment for that of the hearing officer as to the

weight of the evidence on questions of fact. The court may affirm the

decision of the hearing officer or remand the case for further proceedings.

The court may reverse or modify the decision if substantial rights of the

appellant have been prejudiced because the administrative findings,

inferences, conclusions or decisions are:

(a) In violation of constitutional or statutory provisions;

(b) In excess of the statutory authority of the division of health care

financing and policy;

(d) Affected by other error of law;

(e) Clearly erroneous in view of the reliable, probative and substantial

evidence on the whole record; or

(f) Arbitrary or capricious or characterized by abuse of discretion or

clearly unwarranted exercise of discretion.

Sec. 17. NRS 422.369 is hereby amended to read as follows:

422.369 A person authorized by the [~~welfare]~~ division of health care

financing and policy to furnish the types of medical and remedial care for

which assistance may be provided under the plan, or an agent or employee

of the authorized person, who, with the intent to defraud, furnishes such

care upon presentation of a Medicaid card which he knows was obtained or

retained in violation of any of the provisions of NRS 422.361 to 422.367,

inclusive, or is forged, expired or revoked, is guilty of a category D felony

and shall be punished as provided in NRS 193.130. In addition to any other

penalty, the court shall order the person to pay restitution.

Sec. 18. NRS 422.3742 is hereby amended to read as follows:

422.3742 1. If the plan for personal responsibility signed by the head

of a household pursuant to NRS 422.3724 includes a provision providing

for the payment of transitional assistance to the head of the household, the

welfare division may provide transitional assistance to the head of the

household if the household becomes ineligible for benefits for one or more

of the reasons described in 42 U.S.C. § 608(a)(11). The welfare division

shall not provide transitional assistance pursuant to this section for more

than 12 consecutive months.

2. As used in this section, "transitional assistance" means:

(a) Assistance provided by the welfare division to low-income families

to pay for the costs of child care; or

(b) Medicaid provided pursuant to the plan administered by the [~~welfare~~

~~division]~~ department pursuant to NRS 422.271.

Sec. 19. NRS 422.385 is hereby amended to read as follows:

422.385 1. The allocations and payments required pursuant to NRS

422.387 must be made, to the extent allowed by the state plan for

Medicaid, from the Medicaid budget account.

2. Except as otherwise provided in subsection 3, the money in the

intergovernmental transfer account must be transferred from that account to

the Medicaid budget account to the extent that money is available from the

Federal Government for proposed expenditures, including expenditures for

administrative costs. If the amount in the account exceeds the amount

authorized for expenditure by the division of health care financing and

policy for the purposes specified in NRS 422.387, the division of health

care financing and policy is authorized to expend the additional revenue in

accordance with the provisions of the state plan for Medicaid.

3. If enough money is available to support Medicaid, money in the

intergovernmental transfer account may be transferred to an account

established for the provision of health care services to uninsured children

~~[who are under the age of 13 years]~~ pursuant to a federal program in which

at least 50 percent of the cost of such services is paid for by the Federal

Government, including, without limitation, the children’s health

insurance program, if enough money is available to continue to satisfy

existing obligations of the Medicaid program or to carry out the provisions

of NRS 439B.350 to 439B.360.

Sec. 20. NRS 422.410 is hereby amended to read as follows:

422.410 1. Unless a different penalty is provided pursuant to NRS

422.361 to 422.369, inclusive, or 422.450 to 422.590, inclusive, a person

who knowingly and designedly, by any false pretense, false or misleading

statement, impersonation or misrepresentation, obtains or attempts to obtain

monetary or any other public assistance , or money, property, medical or

remedial care or any other service provided pursuant to the children’s

health insurance program, having a value of $100 or more, whether by

one act or a series of acts, with the intent to cheat, defraud or defeat the

purposes of this chapter is guilty of a category E felony and shall be

punished as provided in NRS 193.130. In addition to any other penalty, the

court shall order the person to pay restitution.

2. For the purposes of subsection 1, whenever a recipient of temporary

assistance for needy families pursuant to the provisions of this chapter

receives an overpayment of benefits for the third time and the

overpayments have resulted from a false statement or representation by the

recipient or from the failure of the recipient to notify the welfare division of

a change in his circumstances which would affect the amount of assistance

he receives, a rebuttable presumption arises that the payment was

fraudulently received.

3. For the purposes of subsection 1, "public assistance" includes any

money, property, medical or remedial care or any other service provided

pursuant to a state plan.

Sec. 21. NRS 422.580 is hereby amended to read as follows:

422.580 1. A provider who receives payment to which he is not

entitled by reason of a violation of NRS 422.540, 422.550, 422.560 or

422.570 is liable for:

(a) An amount equal to three times the amount unlawfully obtained;

(b) Not less than $5,000 for each false claim, statement or

representation;

incurred by the state in enforcing this section; and

(d) Payment of interest on the amount of the excess payment at the rate

fixed pursuant to NRS 99.040 for the period from the date upon which

payment was made to the date upon which repayment is made pursuant to

the plan.

2. A criminal action need not be brought against the provider before

civil liability attaches under this section.

3. A provider who unknowingly accepts a payment in excess of the

amount to which he is entitled is liable for the repayment of the excess

amount. It is a defense to any action brought pursuant to this subsection

that the provider returned or attempted to return the amount which was in

excess of that to which he was entitled within a reasonable time after

receiving it.

4. The attorney general shall cause appropriate legal action to be taken

on behalf of the state to enforce the provisions of this section.

5. Any penalty or repayment of money collected pursuant to this

section is hereby appropriated to provide medical aid to the indigent

through programs administered by the [~~welfare division.]~~ department.

Sec. 22. NRS 426A.060 is hereby amended to read as follows:

426A.060 1. The advisory committee on traumatic brain injuries,

consisting of 11 members, is hereby created.

2. The administrator shall appoint to the committee:

(a) One member who is an employee of the rehabilitation division of the

department.

(b) One member who is an employee of the [~~welfare]~~ division of health

care financing and policy of the department of human resources and

participates in the administration of the state program providing Medicaid.

(d) One member who represents the interests of educators in this state.

(e) One member who is a person professionally qualified in the field of

psychiatric mental health.

(f) Two members who are employees of private providers of

rehabilitative health care located in this state.

(g) One member who represents persons who operate community-based

programs for head injuries in this state.
(h) One member who represents hospitals in this state.

(i) Two members who represent the recipients of health care in this

state.

3. After the initial appointments, each member of the committee serves

a term of 3 years.

4. The committee shall elect one of its members to serve as chairman.

5. Members of the committee serve without compensation and are not

entitled to receive the per diem allowance or travel expenses provided for

state officers and employees generally [.] , except that members of the

committee may receive any per diem allowance and travel expenses that

may be authorized by the committee if the payment of the per diem

allowance and travel expenses:

(a) Is made from money received by the committee from a source

other than the State of Nevada; and

(b) Is not inconsistent with any condition attached to the acceptance

of that money.

6. The committee may:

(a) Make recommendations to the administrator relating to the

establishment and operation of any program for persons with traumatic

brain injuries.

(b) Make recommendations to the administrator concerning proposed

legislation relating to traumatic brain injuries.

(d) Apply for grants.

(e) Accept and expend any money made available to the committee by

gift, grant, donation or bequest.

7. The committee shall prepare a report of its activities and

recommendations each year and submit a copy to the:

(a) Director of the department;

(b) Administrator;

(d) Legislative commission.

8. As used in this section:

(a) "Administrator" means the administrator of the rehabilitation

division of the department.

(b) "Person professionally qualified in the field of psychiatric mental

health" has the meaning ascribed to it in NRS 433.209.

629.031.

Sec. 23. NRS 428.090 is hereby amended to read as follows:

428.090 1. When a nonresident or any other person who meets the

uniform standards of eligibility prescribed by the board of county

commissioners or by NRS 439B.310, if applicable, falls sick in the county,

not having money or property to pay his board, nursing or medical aid, the

board of county commissioners of the proper county shall, on complaint

being made, give or order to be given such assistance to the poor person as
is in accordance with the policies and standards established and approved

by the board of county commissioners and within the limits of money which

may be lawfully appropriated for this purpose pursuant to NRS 428.050,

428.285 and 450.425.

2. If the sick person dies, the board of county commissioners shall give

or order to be given to the person a decent burial or cremation.

3. Except as otherwise provided in NRS 422.382, the board of county

commissioners shall make such allowance for the person’s board, nursing,

medical aid, burial or cremation as the board deems just and equitable, and

order it paid out of the county treasury.

4. The responsibility of the board of county commissioners to provide

medical aid or any other type of remedial aid under this section is relieved

to the extent provided in NRS 422.382 and to the extent of the amount of

money or the value of services provided by:

(a) The [~~welfare division of the]~~ department of human resources to or

for such persons for medical care or any type of remedial care under the

state plan for Medicaid; and

(b) The fund for hospital care to indigent persons under the provisions

of NRS 428.115 to 428.255, inclusive.

Sec. 24. NRS 228.410 is hereby amended to read as follows:

228.410 1. The attorney general has primary jurisdiction to

investigate and prosecute violations of NRS 422.540 to 422.570, inclusive,

and any fraud in the administration of the plan or in the provision of

medical assistance [.] pursuant to the plan. The provisions of this section

notwithstanding, the welfare division and the division of health care

financing and policy of the department of human resources shall enforce

the plan and any regulations adopted pursuant thereto.

2. For this purpose, the attorney general shall establish within his office

the Medicaid fraud control unit. The unit must consist of a group of

qualified persons, including, without limitation, an attorney, an auditor and

an investigator who, to the extent practicable, have expertise in nursing,

medicine and the administration of medical facilities.

3. The attorney general, acting through the Medicaid fraud control unit:

(a) Is the single state agency responsible for the investigation and

prosecution of violations of NRS 422.540 to 422.570, inclusive;

(b) Shall review reports of abuse or criminal neglect of patients in

medical facilities which receive payments under the plan and, when

appropriate, investigate and prosecute the persons responsible;

from the personal resources of patients in medical facilities that receive

payments under the plan and, when appropriate, shall prosecute the persons

responsible;

(d) Shall cooperate with federal investigators and prosecutors in

coordinating state and federal investigations and prosecutions involving

fraud in the provision or administration of medical assistance pursuant to
the plan, and provide those federal officers with any information in his

possession regarding such an investigation or prosecution; and

(e) Shall protect the privacy of patients and establish procedures to

prevent the misuse of information obtained in carrying out the provisions of

this section.

4. When acting pursuant to NRS 228.175 or this section, the attorney

general may commence his investigation and file a criminal action without

leave of court, and he has exclusive charge of the conduct of the

prosecution.

5. As used in this section:

(a) "Medical facility" has the meaning ascribed to it in NRS 449.0151.

(b) "Plan" means the state plan for Medicaid established pursuant to

NRS 422.271.

Sec. 25. Chapter 232 of NRS is hereby amended by adding thereto a

new section to read as follows:

"Children’s health insurance program" has the meaning ascribed to it

in section 2 of this act.

Sec. 26. NRS 232.365 is hereby amended to read as follows:

232.365 As used in NRS 232.365 to 232.373, inclusive, and section 25

of this act unless the context otherwise requires, the words and terms

defined in NRS 232.367, 232.369 and 232.371 and section 25 of this act

have the meanings ascribed to them in those sections.

Sec. 27. NRS 232.373 is hereby amended to read as follows:

232.373 The purposes of the division are:

1. To ensure that the Medicaid provided by this state [~~is]~~ and the

insurance provided pursuant to the children’s health insurance program

in this state are provided in the manner that is most efficient to this state.

2. To evaluate alternative methods of providing Medicaid [.] and

providing insurance pursuant to the children’s health insurance

program.

3. To review Medicaid , the children’s health insurance program and

other health programs of this state to determine the maximum amount of

money that is available from the Federal Government for such programs.

4. To promote access to quality health care for all residents of this

state.

5. To restrain the growth of the cost of health care in this state.

Sec. 28. NRS 274.270 is hereby amended to read as follows:

274.270 1. The governing body shall investigate the proposal made

by a business pursuant to NRS 274.260, and if it finds that the business is

qualified by financial responsibility and business experience to create and

preserve employment opportunities in the specially benefited zone and

improve the economic climate of the municipality and finds further that the

business did not relocate from a depressed area in this state or reduce

employment elsewhere in Nevada in order to expand in the specially

benefited zone, the governing body may, on behalf of the municipality,

enter into an agreement with the business, for a period of not more than 20
years, under which the business agrees in return for one or more of the

benefits authorized in this chapter and NRS 374.643 for qualified

businesses, as specified in the agreement, to establish, expand, renovate or

occupy a place of business within the specially benefited zone and hire new

employees at least 35 percent of whom at the time they are employed are at

least one of the following:

(a) Unemployed persons who have resided at least 6 months in the

municipality.

(b) Persons eligible for employment or job training under any federal

program for employment and training who have resided at least 6 months in

the municipality.

assistance, including , without limitation, temporary assistance for needy

families, [~~aid to the medically indigent]~~ Medicaid and unemployment

compensation who have resided at least 6 months in the municipality.

(d) Persons with a physical or mental handicap who have resided at least

6 months in the state.

(e) Residents for at least 1 year of the area comprising the specially

benefited zone.

2. To determine whether a business is in compliance with an

agreement, the governing body:

(a) Shall each year require the business to file proof satisfactory to the

governing body of its compliance with the agreement.

(b) May conduct any necessary investigation into the affairs of the

business and may inspect at any reasonable hour its place of business

within the specially benefited zone.

If the governing body determines that the business is in compliance with

the agreement, it shall issue a certificate to that effect to the business. The

certificate expires 1 year after the date of its issuance.

3. The governing body shall file with the administrator, the department

of taxation and the employment security division of the department of

employment, training and rehabilitation a copy of each agreement, the

information submitted under paragraph (a) of subsection 2 and the current

certificate issued to the business under that subsection. The governing body

shall immediately notify the administrator, the department of taxation and

the employment security division of the department of employment,

training and rehabilitation whenever the business is no longer certified.

Sec. 29. Chapter 439B of NRS is hereby amended by adding thereto a

new section to read as follows:

"Children’s health insurance program" has the meaning ascribed to it

in section 2 of this act.

Sec. 30. NRS 439B.010 is hereby amended to read as follows:

439B.010 As used in this chapter, unless the context otherwise

requires, the words and terms defined in NRS 439B.030 to 439B.150,

inclusive, and section 29 of this act have the meanings ascribed to them in

those sections.

Sec. 31. NRS 439B.310 is hereby amended to read as follows:

439B.310 For the purposes of NRS 439B.300 to 439B.340, inclusive,

"indigent" means those persons:

1. Who are not covered by any policy of health insurance;

2. Who are ineligible for Medicare, Medicaid, the children’s health

insurance program, the benefits provided pursuant to NRS 428.115 to

428.255, inclusive, or any other federal or state program of public

assistance covering the provision of health care;

3. Who meet the limitations imposed by the county upon assets and

other resources or potential resources; and

4. Whose income is less than:

(a) For one person living without another member of a household, $438.

(b) For two persons, $588.

family in excess of two.

For the purposes of this subsection, "income" includes the entire income of

a household and the amount which the county projects a person or

household is able to earn. "Household" is limited to a person and his

spouse, parents, children, brothers and sisters residing with him.

Sec. 32. NRS 441A.220 is hereby amended to read as follows:

441A.220 All information of a personal nature about any person

provided by any other person reporting a case or suspected case of a

communicable disease, or by any person who has a communicable disease,

or as determined by investigation of the health authority, is confidential

medical information and must not be disclosed to any person under any

circumstances, including pursuant to any subpoena, search warrant or

discovery proceeding, except as follows:

1. For statistical purposes, provided that the identity of the person is

not discernible from the information disclosed.

2. In a prosecution for a violation of this chapter.

3. In a proceeding for an injunction brought pursuant to this chapter.

4. In reporting the actual or suspected abuse or neglect of a child or

elderly person.

5. To any person who has a medical need to know the information for

his own protection or for the well-being of a patient or dependent person,

as determined by the health authority in accordance with regulations of the

board.

6. If the person who is the subject of the information consents in

writing to the disclosure.

7. Pursuant to subsection 2 of NRS 441A.320.

8. If the disclosure is made to [~~the welfare division of]~~ the department

of human resources and the person about whom the disclosure is made has

been diagnosed as having acquired immunodeficiency syndrome or an

illness related to the human immunodeficiency virus and is a recipient of or

an applicant for Medicaid.
9. To a fireman, police officer or person providing emergency medical

services if the board has determined that the information relates to a

communicable disease significantly related to that occupation. The

information must be disclosed in the manner prescribed by the board.

10. If the disclosure is authorized or required by specific statute.

Sec. 33. NRS 632.072 is hereby amended to read as follows:

632.072 1. The advisory committee on nursing assistants, consisting

of 10 members appointed by the board, is hereby created.

2. The board shall appoint to the advisory committee:

(a) One representative of facilities for long-term care;

(b) One representative of medical facilities which provide acute care;

(d) One representative of the health division of the department of human

resources;

(e) One representative of the [~~welfare]~~ division of health care financing

and policy of the department of human resources;

(f) One representative of the aging services division of the department of

human resources;

(g) One representative of the American Association of Retired Persons

or a similar organization;

(h) A nursing assistant;

(i) A registered nurse; and

(j) A licensed practical nurse.

3. The advisory committee shall advise the board with regard to

matters relating to nursing assistants.

Sec. 34. NRS 689A.505 is hereby amended to read as follows:

689A.505 "Creditable coverage" means, with respect to a person,

health benefits or coverage provided pursuant to:

1. A group health plan;

2. A health benefit plan;

3. Part A or Part B of Title XVIII of the Social Security Act, also

known as Medicare;

4. Title XIX of the Social Security Act, also known as Medicaid, other

than coverage consisting solely of benefits under section 1928 of that Title;

5. Chapter 55 of Title 10, United States Code (Civilian Health and

Medical Program of Uniformed Services (CHAMPUS));

6. A medical care program of the Indian Health Service or of a tribal

organization;

7. A state health benefit risk pool;

8. A health plan offered pursuant to chapter 89 of Title 5, United States

Code (Federal Employees Health Benefits Program (FEHBP));

9. A public health plan as defined in [~~federal regulations]~~ 45 C.F.R. §

146.113, authorized by the Public Health Service Act, section

2701(c)(1)(I), as amended by Public Law 104-191 [~~; or]~~ , 42 U.S.C. §

300gg(c)(1)(I);

10. A health benefit plan under section 5(e) of the Peace Corps Act ,

~~[(]~~ 22 U.S.C. § 2504(e) [~~).]~~ ; or

11. The children’s health insurance program established pursuant to

42 U.S.C. §§ 1397aa to 1397jj, inclusive.

Sec. 35. NRS 689B.380 is hereby amended to read as follows:

689B.380 "Creditable coverage" means health benefits or coverage

provided to a person pursuant to:

1. A group health plan;

2. A health benefit plan;

3. Part A or Part B of Title XVIII of the Social Security Act, also

known as Medicare;

4. Title XIX of the Social Security Act, also known as Medicaid, other

than coverage consisting solely of benefits under section 1928 of that Title;

5. Chapter 55 of Title 10, United States Code (Civilian Health and

Medical Program of Uniformed Services (CHAMPUS));

6. A medical care program of the Indian Health Service or of a tribal

organization;

7. A state health benefit risk pool;

8. A health plan offered pursuant to chapter 89 of Title 5, United States

Code (Federal Employees Health Benefits Program (FEHBP));

9. A public health plan as defined in [~~federal regulations]~~ 45 C.F.R. §

146.113, authorized by the Public Health Service Act, section

2701(c)(1)(I), as amended by Public Law 104-191 [~~; or]~~ , 42 U.S.C. §

300gg(c)(1)(I);

10. A health benefit plan under section 5(e) of the Peace Corps Act ,

[(] 22 U.S.C. § 2504(e) [~~).]~~ ; or

11. The children’s health insurance program established pursuant to

42 U.S.C. §§ 1397aa to 1397jj, inclusive.

Sec. 36. NRS 689C.053 is hereby amended to read as follows:

689C.053 "Creditable coverage" means health benefits or coverage

provided to a person pursuant to:

1. A group health plan;

2. A health benefit plan;

3. Part A or Part B of Title XVIII of the Social Security Act, also

known as Medicare;

4. Title XIX of the Social Security Act, also known as Medicaid, other

than coverage consisting solely of benefits under section 1928 of that Title;

5. Chapter 55 of Title 10, United States Code (Civilian Health and

Medical Program of Uniformed Services (CHAMPUS));

6. A medical care program of the Indian Health Service or of a tribal

organization;

7. A state health benefit risk pool;

8. A health plan offered pursuant to chapter 89 of Title 5, United States

Code (Federal Employees Health Benefits Program (FEHBP));
9. A public health plan as defined in federal regulations authorized by

the Public Health Service Act, section 2701(c)(1)(I), as amended by Public

Law 104-191; [~~or]~~

10. A health benefit plan under section 5(e) of the Peace Corps Act ,

[(] 22 U.S.C. § 2504(e) [~~).]~~ ; or

11. The children’s health insurance program established pursuant to

42 U.S.C. §§ 1397aa to 1397jj, inclusive.

Sec. 37. NRS 695C.050 is hereby amended to read as follows:

695C.050 1. Except as otherwise provided in this chapter or in

specific provisions of this Title, the provisions of this Title are not

applicable to any health maintenance organization granted a certificate of

authority under this chapter. This provision does not apply to an insurer

licensed and regulated pursuant to this Title except with respect to its

activities as a health maintenance organization authorized and regulated

pursuant to this chapter.

2. Solicitation of enrollees by a health maintenance organization

granted a certificate of authority, or its representatives, must not be

construed to violate any provision of law relating to solicitation or

advertising by practitioners of a healing art.

3. Any health maintenance organization authorized under this chapter

shall not be deemed to be practicing medicine and is exempt from the

provisions of chapter 630 of NRS.

4. The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive,

695C.250 and 695C.265 do not apply to a health maintenance organization

that provides health care services through managed care to recipients of

Medicaid or insurance pursuant to the children’s health insurance

program pursuant to a contract with the [~~welfare]~~ division of health care

financing and policy of the department of human resources. This

subsection does not exempt a health maintenance organization from any

provision of this chapter for services provided pursuant to any other

contract.

Sec. 38. Section 2 of chapter 442, Statutes of Nevada 1997, at page

1559, is hereby amended to read as follows:

Sec. 2. 1. On or before October 1, [~~1999,]~~ 2001, except as

otherwise provided in subsection 3, in carrying out its duties

regarding the administration of Medicaid, the welfare division of

the department of human resources may enter into a contract for the

provision of pharmaceutical services through managed care to

recipients of Medicaid if the welfare division and the legislative

committee on health care determine that such a contract:

(a) Is cost effective;

(b) Is the most convenient method of providing pharmaceutical

services to the recipients of Medicaid; and

maximum extent possible.
2. If the welfare division enters into a contract pursuant to

subsection 1, except for any limitations on coverage provided

pursuant to 42 U.S.C. § 1396r-8(d)(2) or (6), the contract must

provide for reimbursement for the dispensing of a drug to a

recipient of Medicaid, without requiring any prior or retroactive

approval, if the drug:

(a) Has been approved or designated as safe and effective by the

Food and Drug Administration; and

(b) Is prescribed by a physician who determines that the drug is

appropriate for the diagnosis or treatment of the recipient of

Medicaid.

3. The provisions of this section do not apply to a contract that

provides services only to recipients who are eligible to receive

benefits pursuant to:

(a) The program established to provide temporary assistance for

needy families pursuant to Title IV of the Social Security Act , [(]

42 U.S.C. §§ 601 et seq [~~.)]~~ , and other provisions of that act

relating to temporary assistance for needy families; or

(b) The child health assurance program established pursuant to

42 U.S.C. § 1396a(a)(10)(A)(i)(IV), (VI) or (VII).

Sec. 39. Section 89 of chapter 550, Statutes of Nevada 1997, at page

2644, is hereby amended to read as follows:

Sec. 89. 1. This section and sections 2 to 14.1, inclusive,

14.3 to 29, inclusive, 32 to 43, inclusive, 45, 47, 49 to 54, inclusive,

56, 57, 59, 63, 64, 67 to 71, inclusive, and 74 to 88, inclusive, of

this act become effective on July 1, 1997.

2. Sections 1, 30, 30.5, 44, 46, 48, 54.5, 58, 60, 61, 62, 65, 66,

72 and 73 of this act become effective at 12:01 a.m. on July 1,

1997.

3. Sections 31 and 55 of this act become effective at 12:02 a.m.

on July 1, 1997.

4. Section 14.2 of this act becomes effective on July 1, 1998.

5. Section 14.1 of this act expires by limitation on June 30,

1998.

6. Sections [~~1 to 14.4, inclusive, 15 to 30, inclusive, 31 to 54,~~

~~inclusive, 55 to 80.3, inclusive, and 84 of this act, and subsection 1~~

~~of section 81 of this act, expires]~~ 78 and 79 of this act expire by

limitation on June 30, 1999.

Sec. 40. Section 3 of Assembly Bill No. 249 of this session is hereby

amended to read as follows:

Sec. 3. NRS 422.2935 is hereby amended to read as follows:

422.2935 1. Except as otherwise provided in this section [,

~~the welfare division shall,]~~ and to the extent it is not prohibited by

federal law and when circumstances allow [:

~~(a) Recover]~~ , the welfare division shall recover benefits

correctly paid for Medicaid from:

[~~(1)]~~ (a) The undivided estate of the person who received

those benefits; and

[~~(2)]~~ (b) Any recipient of money or property from the

undivided estate of the person who received those benefits.

[~~(b) Recover from the recipient of Medicaid or the person who~~

signed the application for Medicaid on behalf of the recipient an

amount not to exceed the benefits incorrectly paid to the recipient if

the person who signed the application:

(1) Failed to report any required information to the welfare

division which he knew at the time he signed the application; or

(2) Failed within the period allowed by the welfare division to

report any required information to the welfare division which he

obtained after he filed the application.]

2. The welfare division shall not recover benefits pursuant to

[~~paragraph (a) of]~~ subsection 1, except from a person who is neither

a surviving spouse nor a child, until after the death of the surviving

spouse, if any, and only at a time when the person who received the

benefits has no surviving child who is under 21 years of age or is

blind or permanently and totally disabled.

3. Except as otherwise provided by federal law, if a transfer of

real or personal property by a recipient of Medicaid is made for less

than fair market value, the welfare division may pursue any remedy

available pursuant to chapter 112 of NRS with respect to the

transfer.

4. The amount of Medicaid paid to or on behalf of a person is a

claim against the estate in any probate proceeding only at a time

when there is no surviving spouse or surviving child who is under

21 years of age or is blind or permanently and totally disabled.

5. The state welfare administrator may elect not to file a claim

against the estate of a recipient of Medicaid or his spouse if he

determines that the filing of the claim will cause an undue hardship

for the spouse or other survivors of the recipient. The administrator

shall adopt regulations defining the circumstances that constitute an

undue hardship.

6. Any recovery of money obtained pursuant to this section

must be applied first to the cost of recovering the money. Any

remaining money must be divided among the Federal Government,

the department and the county in the proportion that the amount of

assistance each contributed to the recipient bears to the total amount

of the assistance contributed.

7. [~~An action to recover money owed to the department as a~~

result of the payment of benefits for Medicaid must be commenced

within 6 months after the cause of action accrues. A cause of action

accrues after all of the following events have occurred:

(a) The death of the recipient of Medicaid

;

(b) The death of the surviving spouse of the recipient of

Medicaid;

(c) The death of all children of the recipient of Medicaid who

are blind or permanently and totally disabled as determined in

accordance with 42 U.S.C. § 1382c; and

(d) The arrival of all other children of the recipient of Medicaid

~~at the age of 21 years.]~~ Any recovery by the welfare division from

the undivided estate of a recipient pursuant to this section must be

paid in cash to the extent of:

(a) The amount of Medicaid paid to or on behalf of the

recipient after October 1, 1993; or

(b) The value of the remaining assets in the undivided estate,

whichever is less.

Sec. 41. Section 4 of Assembly Bill No. 249 of this session is hereby

amended to read as follows:

Sec. 4. NRS 422.29355 is hereby amended to read as follows:

422.29355 1. The welfare division may, to the extent not

prohibited by federal law, petition for the imposition of a lien

pursuant to the provisions of NRS 108.850 against real or personal

property of a recipient of Medicaid as follows:

(a) The welfare division may obtain a lien against a recipient’s

property, both real or personal, before or after his death in the

amount of assistance paid or to be paid on his behalf if the court

determines that assistance was incorrectly paid for the recipient.

(b) The welfare division may seek a lien against the real property

of a recipient at any age before his death in the amount of assistance

paid or to be paid for him if he is an inpatient in a nursing facility,

intermediate care facility for the mentally retarded or other medical

institution and the welfare division determines, after notice and

opportunity for a hearing in accordance with its regulations, that he

cannot reasonably be expected to be discharged and return home.

2. No lien may be placed on a recipient’s home pursuant to

paragraph (b) of subsection 1 for assistance correctly paid if:

(a) His spouse;

(b) His child who is under 21 years of age or blind or

permanently and totally disabled as determined in accordance with

42 U.S.C. § 1382c; or

home and who was residing in the home for at least 1 year

immediately before the date the recipient was admitted to the

medical institution,

is lawfully residing in the home.

3. Upon the death of a recipient the welfare division may seek a

lien upon his undivided estate as defined in NRS 422.054.

4. The state welfare administrator shall release a lien pursuant

to this section:
(a) Upon notice by the recipient or his representative to the

administrator that the recipient has been discharged from the

medical institution and has returned home;

(b) If the lien was incorrectly determined; or

Sec. 42. Assembly Bill No. 305 of this session is hereby amended by

deleting sec. 33 and adding:

Sec. 33. (Deleted by amendment.)

Sec. 43. Assembly Bill No. 305 of this session is hereby amended by

deleting sec. 37 and adding:

Sec. 37. (Deleted by amendment.)

Sec. 44. Section 45 of Assembly Bill No. 305 of this session is hereby

amended to read as follows:

Sec. 45. [~~1. This section and sections 1 to 32, inclusive, 34,~~

~~35, 36, 38 to 44, inclusive, and 46 of this act become]~~ This act

becomes effective upon passage and approval.

[~~2. Sections 33 and 37 of this act become effective at 12:01~~

a.m. on July 1, 1999.

3. Sections 32 and 36 of this act expire by limitation on July 1,

1999.]

Sec. 45. Section 2 of Assembly Bill No. 483 of this session is hereby

amended to read as follows:

Sec. 2. NRS 441A.220 is hereby amended to read as follows:

441A.220 All information of a personal nature about any

person provided by any other person reporting a case or suspected

case of a communicable disease, or by any person who has a

communicable disease, or as determined by investigation of the

health authority, is confidential medical information and must not

be disclosed to any person under any circumstances, including

pursuant to any subpoena, search warrant or discovery proceeding,

except as follows:

1. For statistical purposes, provided that the identity of the

person is not discernible from the information disclosed.

2. In a prosecution for a violation of this chapter.

3. In a proceeding for an injunction brought pursuant to this

chapter.

4. In reporting the actual or suspected abuse or neglect of a

child or elderly person.

5. To any person who has a medical need to know the

information for his own protection or for the well-being of a patient

or dependent person, as determined by the health authority in

accordance with regulations of the board.

6. If the person who is the subject of the information consents

in writing to the disclosure.

7. Pursuant to subsection 2 of NRS 441A.320 [.] or section 3

of this act.

8. If the disclosure is made to the department of human

resources and the person about whom the disclosure is made has

been diagnosed as having acquired immunodeficiency syndrome or

an illness related to the human immunodeficiency virus and is a

recipient of or an applicant for Medicaid.

9. To a fireman, police officer or person providing emergency

medical services if the board has determined that the information

relates to a communicable disease significantly related to that

occupation. The information must be disclosed in the manner

prescribed by the board.

10. If the disclosure is authorized or required by specific

statute.

Sec. 46. Section 1 of Assembly Bill No. 649 of this session is hereby

amended to read as follows:

Section 1. NRS 200.5093 is hereby amended to read as

follows:

200.5093 1. A person required to make a report pursuant to

this section shall make the report immediately, but in no event later

than 24 hours after there is reason to believe that an older person

has been abused, neglected, exploited or isolated. The report must

be made to:

(a) The local office of the aging services division of the

department of human resources;

(b) A police department or sheriff’s office;

the county where the suspected action occurred; or

(d) A toll-free telephone service designated by the aging services

division of the department of human resources.

If the report of abuse, neglect, exploitation or isolation of an older

person involves an act or omission of the aging services division,

another division of the department of human resources or a law

enforcement agency, the report must be made to an agency other

than the one alleged to have committed the act or omission. Each

agency, after reducing the report to writing, shall forward a copy of

the report to the aging services division of the department of human

resources.

2. Reports must be made by the following persons who, in their

professional or occupational capacities, know or have reason to

believe that an older person is being or has been abused, neglected,

exploited or isolated:

(a) Every physician, dentist, dental hygienist, chiropractor,

optometrist, podiatric physician, medical examiner, resident, intern,

professional or practical nurse, physician’s assistant, psychiatrist,

psychologist, marriage and family therapist, alcohol or drug abuse

counselor, driver of an ambulance, advanced emergency medical

technician or other person providing medical services licensed or
certified to practice in this state, who examines, attends or treats an

older person who appears to have been abused, neglected, exploited

or isolated.

(b) Any personnel of a hospital or similar institution engaged in

the admission, examination, care or treatment of persons or an

administrator, manager or other person in charge of a hospital or

similar institution upon notification of the suspected abuse, neglect,

exploitation or isolation of an older person by a member of the staff

of the hospital.

(d) Every clergyman, practitioner of Christian Science or

religious healer, unless he acquired the knowledge of abuse,

neglect, exploitation or isolation of the older person from the

offender during a confession.

(e) Every person who maintains or is employed by an agency to

provide nursing in the home.

(f) Every attorney, unless he has acquired the knowledge of

abuse, neglect, exploitation or isolation of the older person from a

client who has been or may be accused of such abuse, neglect,

exploitation or isolation.

(g) Any employee of the department of human resources.

(h) Any employee of a law enforcement agency or a county’s

office for protective services or an adult or juvenile probation

officer.

(i) Any person who maintains or is employed by a facility or

establishment that provides care for older persons.

(j) Any person who maintains, is employed by or serves as a

volunteer for an agency or service which advises persons regarding

the abuse, neglect, exploitation or isolation of an older person and

refers them to persons and agencies where their requests and needs

can be met.

(k) Every social worker.

(l) Any person who owns or is employed by a funeral home or

mortuary.

3. A report may be filed by any other person.

4. A person required to make a report pursuant to this section

who has reasonable cause to believe that an older person has died as

a result of abuse, neglect or isolation shall report this belief to the

appropriate medical examiner or coroner, who shall investigate the

cause of death of the older person and submit to the appropriate

local law enforcement agencies, the appropriate prosecuting

attorney and the aging services division of the department of human

resources his written findings. The written findings must include the

information required pursuant to the provisions of NRS 200.5094,

when possible.
5. A division, office or department which receives a report

pursuant to this section shall cause the investigation of the report to

commence within 3 working days. A copy of the final report of the

investigation conducted by a division, office or department, other

than the aging services division of the department of human

resources, must be forwarded to the aging services division within

90 days after the completion of the report.

6. If the investigation of the report results in the belief that the

older person is abused, neglected, exploited or isolated, the aging

services division of the department of human resources or the

county’s office for protective services may provide protective

services to the older person if he is able and willing to accept them.

7. A person who knowingly and willfully violates any of the

provisions of this section is guilty of a misdemeanor.

Sec. 47. Section 2 of Assembly Bill No. 649 of this session is hereby

amended to read as follows:

Sec. 2. NRS 200.50984 is hereby amended to read as follows:

200.50984 1. Notwithstanding any other statute to the

contrary, the local office of the aging services division of the

department of human resources and a county’s office for protective

services, if one exists in the county where a violation is alleged to

have occurred, may for the purpose of investigating an alleged

violation of NRS 200.5091 to 200.50995, inclusive, inspect all

records pertaining to the older person on whose behalf the

investigation is being conducted, including, but not limited to, that

person’s medical and financial records.

2. Except as otherwise provided in this subsection, if a guardian

has not been appointed for the older person, the [~~department of~~

~~human resources]~~ aging services division or the county’s office for

protective services shall obtain the consent of the older person

before inspecting those records. If the [~~department of human~~

~~resources]~~ aging services division or the county’s office for

protective services determines that the older person is unable to

consent to the inspection, the inspection may be conducted without

his consent. Except as otherwise provided in this subsection, if a

guardian has been appointed for the older person, the [~~department~~

~~of human resources]~~ aging services division or the county’s office

for protective services shall obtain the consent of the guardian

before inspecting those records. If the [~~department of human~~

~~resources]~~ aging services division or the county’s office for

protective services has reason to believe that the guardian is

abusing, neglecting, exploiting or isolating the older person, the

inspection may be conducted without the consent of the guardian,

except that if the records to be inspected are in the personal

possession of the guardian, the inspection must be approved by a

court of competent jurisdiction.

Sec. 48. Section 3 of Assembly Bill No. 649 of this session is

hereby amended to read as follows:

Sec. 3. NRS 200.50986 is hereby amended to read as follows:

200.50986 The local office of the aging services division of

the department of human resources or the county’s office for

protective services may petition a court in accordance with NRS

159.185 or 159.1905 for the removal of the guardian of an older

person, or the termination or modification of that guardianship, if,

based on its investigation, the [~~department of human resources]~~

aging services division or the county’s office of protective services

has reason to believe that the guardian is abusing, neglecting,

exploiting or isolating the older person in violation of NRS

200.5095 to 200.50995, inclusive.

Sec. 49. Section 4 of Assembly Bill No. 649 of this session is hereby

amended to read as follows:

Sec. 4. This act becomes effective on July 1, 1999.

Sec. 50. Section 1 of Senate Bill No. 398 of this session is hereby

amended to read as follows:

Section 1. NRS 422.245 is hereby amended to read as follows:

422.245 Any federal money allotted to the State of Nevada for

public assistance programs and other programs for which the

welfare division or the division of health care financing and policy

is responsible and such other money as may be received by the state

for such purposes must , except as otherwise provided in section 2

of this act, be deposited in the appropriate accounts of the welfare

division or the division of health care financing and policy in the

state general fund.

Sec. 51. Section 4 of Senate Bill No. 398 of this session is hereby

amended to read as follows:

Sec. 4. This act becomes effective on July 1, 1999.

Sec. 52. This act becomes effective upon passage and approval.