Amendment No. 500

Assembly Amendment to Assembly Bill No. 429 (BDR 38-635)

Proposed by: Committee on Health and Human Services

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, page 1, line 2, by deleting:

"2 and 3" and inserting:

"2, 3 and 4".

Amend the bill as a whole by renumbering sections 4 through 10 as sections 5 through 11 and adding a new section designated sec. 4, following sec. 3, to read as follows:

"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.".

Amend the bill as a whole by renumbering sections 11 through 34 as sections 16 through 39 and adding new sections designated sections 12 through 15, following sec. 10, to read as follows:

"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.

(c) Questions and offers of proof and objections, and rulings thereon.

(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;

(c) Made upon unlawful procedure;

(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.".

Amend sec. 11, page 6, line 7, by deleting "10" and inserting "30".

Amend sec. 21, page 11, line 40, by deleting "20" and inserting "25".

Amend sec. 21, page 11, line 42, by deleting "20" and inserting "25".

Amend sec. 25, page 13, line 26, by deleting "24" and inserting "29".

Amend sec. 33, page 17, line 37, by deleting:

"[5. Sections 1" and inserting:

"5. Sections [1".

Amend sec. 33, page 17, by deleting line 39 and inserting:

of section 81 of this act, expires] 78 and 79 of this act expire by limitation on June 30, 1999.".