Assembly Bill No. 5–Committee on Health and Human Services

Prefiled December 18, 1998

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Referred to Committee on Health and Human Services

 

SUMMARY—Makes various changes concerning benefits provided to pregnant women and children through Medicaid and children’s health insurance program. (BDR 38-490)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to public welfare; requiring the department of human resources to include presumptive eligibility for pregnant women and persons who are less than 19 years of age in the state plan for Medicaid; requiring the department of human resources to include a similar benefit in the children’s health insurance program to the extent authorized by federal law; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

1-2 provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. "Children’s health insurance program" means the program

1-4 established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive, to provide

1-5 health insurance to uninsured children from low-income families in this

1-6 state.

1-7 Sec. 3. 1. The administrator shall include in the state plan for

1-8 Medicaid, to the extent authorized by federal law, presumptive eligibility for

1-9 women who are pregnant and for persons who are less than 19 years of

1-10 age.

1-11 2. The administrator shall include in the children’s health insurance

1-12 program, to the extent authorized by federal law, a benefit similar to

1-13 presumptive eligibility for persons who are less than 19 years of age.

1-14 Sec. 4. NRS 422.001 is hereby amended to read as follows:

1-15 422.001 As used in this chapter, unless the context otherwise requires,

1-16 the words and terms defined in NRS 422.005 to 422.055, inclusive, and

1-17 section 2 of this act have the meanings ascribed to them in those sections.

2-1 Sec. 5. NRS 422.050 is hereby amended to read as follows:

2-2 422.050 1. "Public assistance" includes:

2-3 [1.] (a) State supplementary assistance;

2-4 [2.] (b) Temporary assistance for needy families;

2-5 [3.] (c) Medicaid;

2-6 [4.] (d) Food stamp assistance;

2-7 [5.] (e) Low-income home energy assistance;

2-8 [6.] (f) The program for child care and development; and

2-9 [7.] (g) Benefits provided pursuant to any other public welfare program

2-10 administered by the welfare division pursuant to such additional federal

2-11 legislation as is not inconsistent with the purposes of this chapter.

2-12 2. The term does not include the children’s health insurance program.

2-13 Sec. 6. NRS 422.222 is hereby amended to read as follows:

2-14 422.222 1. The administrator may adopt such regulations as are

2-15 necessary for the administration of NRS 422.070 to 422.410, inclusive, and

2-16 section 3 of this act and any program of the welfare division.

2-17 2. A regulation adopted by the administrator becomes effective upon

2-18 adoption or such other date as the administrator specifies in the regulation.

2-19 Sec. 7. NRS 422.270 is hereby amended to read as follows:

2-20 422.270 The department, through the welfare division, shall:

2-21 1. Except as otherwise provided in NRS 432.010 to 432.085, inclusive,

2-22 administer all public welfare programs of this state, including:

2-23 (a) State supplementary assistance;

2-24 (b) Temporary assistance for needy families;

2-25 (c) Medicaid;

2-26 (d) Food stamp assistance;

2-27 (e) Low-income home energy assistance;

2-28 (f) The program for child care and development;

2-29 (g) The program for the enforcement of child support; [and]

2-30 (h) The children’s health insurance program; and

2-31 (i) Other welfare activities and services provided for by the laws of this

2-32 state.

2-33 2. Act as the single state agency of the State of Nevada and its political

2-34 subdivisions in the administration of any federal money granted to the [state]

2-35 State of Nevada to aid in the furtherance of any of the services and activities

2-36 set forth in subsection 1.

2-37 3. Cooperate with the Federal Government in adopting state plans, in all

2-38 matters of mutual concern, including adoption of methods of administration

2-39 found by the Federal Government to be necessary for the efficient operation

2-40 of welfare programs, and in increasing the efficiency of welfare programs by

2-41 prompt and judicious use of new federal grants which will assist the welfare

2-42 division in carrying out the provisions of NRS 422.070 to 422.410, inclusive

2-43 [.] , and section 3 of this act.

3-1 4. Observe and study the changing nature and extent of welfare needs

3-2 and develop through tests and demonstrations effective ways of meeting

3-3 those needs and employ or contract for personnel and services supported by

3-4 legislative appropriations from the state general fund or money from federal

3-5 or other sources.

3-6 5. Enter into reciprocal agreements with other states relative to public

3-7 assistance, welfare services and institutional care, when deemed necessary or

3-8 convenient by the administrator.

3-9 6. Make such agreements with the Federal Government as may be

3-10 necessary to carry out the supplemental security income program.

3-11 Sec. 8. NRS 232.320 is hereby amended to read as follows:

3-12 232.320 1. Except as otherwise provided in subsection 2, the director:

3-13 (a) Shall appoint, with the consent of the governor, chiefs of the divisions

3-14 of the department, who are respectively designated as follows:

3-15 (1) The administrator of the aging services division;

3-16 (2) The administrator of the health division;

3-17 (3) The state welfare administrator; and

3-18 (4) The administrator of the division of child and family services.

3-19 (b) Shall administer, through the divisions of the department, the

3-20 provisions of [chapters 210,] NRS 127.220 to 127.310, inclusive, chapter

3-21 210 of NRS, NRS 422.001 to 422.410, inclusive, and section 3 of this act,

3-22 NRS 422.580, chapters 423, 424, 425 [, 427A,] and 427A of NRS, NRS

3-23 432.010 to 432.139, inclusive, chapters 432A to 442, inclusive, of NRS,

3-24 NRS 444.003 to 444.430, inclusive, and 445A.010 to 445A.050, inclusive,

3-25 and chapters 446, 447, 449 and 450 of NRS, [NRS 127.220 to 127.310,

3-26 inclusive, 422.070 to 422.410, inclusive, 432.010 to 432.139, inclusive,

3-27 444.003 to 444.430, inclusive, and 445A.010 to 445A.050, inclusive,] and all

3-28 other provisions of law relating to the functions of the divisions of the

3-29 department, but is not responsible for the clinical activities of the health

3-30 division or the professional line activities of the other divisions.

3-31 (c) Shall, after considering advice from agencies of local governments and

3-32 nonprofit organizations which provide social services, adopt a master plan

3-33 for the provision of human services in this state. The director shall revise the

3-34 plan biennially and deliver a copy of the plan to the governor and the

3-35 legislature at the beginning of each regular session. The plan must:

3-36 (1) Identify and assess the plans and programs of the department for the

3-37 provision of human services, and any duplication of those services by

3-38 federal, state and local agencies;

3-39 (2) Set forth priorities for the provision of those services;

3-40 (3) Provide for communication and the coordination of those services

3-41 among nonprofit organizations, agencies of local government, the state and

3-42 the Federal Government;

3-43 (4) Identify the sources of funding for services provided by the

3-44 department and the allocation of that funding;

4-1 (5) Set forth sufficient information to assist the department in providing

4-2 those services and in the planning and budgeting for the future provision of

4-3 those services; and

4-4 (6) Contain any other information necessary for the department to

4-5 communicate effectively with the Federal Government concerning

4-6 demographic trends, formulas for the distribution of federal money and any

4-7 need for the modification of programs administered by the department.

4-8 (d) May, by regulation, require nonprofit organizations and state and local

4-9 governmental agencies to provide information to him regarding the programs

4-10 of those organizations and agencies, excluding detailed information relating

4-11 to their budgets and payrolls, which he deems necessary for his performance

4-12 of the duties imposed upon him pursuant to this section.

4-13 (e) Has such other powers and duties as are provided by law.

4-14 2. The governor shall appoint the administrator of the mental hygiene

4-15 and mental retardation division.

4-16 Sec. 9. 1. This section and sections 1, 2 and 3 of this act become

4-17 effective on July 1, 1999.

4-18 2. Sections 4 to 8, inclusive, of this act become effective at 12:01 a.m. on

4-19 July 1, 1999.

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