Senate Bill No. 10–Committee on Human Resources and Facilities

Prefiled January 6, 1999

(On Behalf of Legislative Committee on Health Care)

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Referred to Committee on Human Resources and Facilities

 

SUMMARY—Makes various changes concerning children’s health insurance program as it relates to Indian children. (BDR 38-495)

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 health care; requiring the department of human resources to take certain actions to increase the enrollment of and health care services provided to Indian children in the children’s health insurance program; establishing an advisory committee to provide advice and recommendations to the Nevada Indian commission concerning the children’s health insurance program as it relates to Indian children; 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

1-2 the 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 health insurance for 1-5 uninsured children from low-income

1-6 families in this state.

1-7 Sec. 3. The department shall:

1-8 1. Seek the assistance of and cooperate with Indian tribes, tribal organizations and organizations 1-9 that collaborate with Indian tribes to

1-10 identify Indian children who may be eligible to enroll in the children’s health insurance program 1-11 and facilitate the enrollment of such children

1-12 in the children’s health insurance program;

2-1 2. Upon determining that an Indian child is eligible for the children’s

2-2 health insurance program, immediately take any necessary action to enroll the child in the 2-3 children’s health insurance program; and

2-4 3. Contract with the Indian Health Service and tribal clinics that provide health care services to 2-5 Indians to provide health care services to

2-6 Indian children who are enrolled in the children’s health insurance program.

2-7 Sec. 4. NRS 422.001 is hereby amended to read as follows:

2-8 422.001 As used in this chapter, unless the context otherwise requires,

2-9 the words and terms defined in NRS 422.010 to 422.055, inclusive, and section 2 of this act have the 2-10 meanings ascribed to them in those sections.

2-11 Sec. 5. NRS 422.001 is hereby amended to read as follows:

2-12 422.001 As used in this chapter, unless the context otherwise requires,

2-13 the words and terms defined in NRS 422.005 to 422.055, inclusive, and section 2 of this act have the 2-14 meanings ascribed to them in those sections.

2-15 Sec. 6. NRS 422.050 is hereby amended to read as follows:

2-16 422.050 1. "Public assistance" includes:

2-17 [1.] (a) State supplementary assistance;

2-18 [2.] (b) Temporary assistance for needy families;

2-19 [3.] (c) Medicaid;

2-20 [4.] (d) Food stamp assistance;

2-21 [5.] (e) Low-income home energy assistance;

2-22 [6.] (f) The program for child care and development; and

2-23 [7.] (g) Benefits provided pursuant to any other public welfare program administered by the welfare 2-24 division or the division of health care financing

2-25 and policy pursuant to such additional federal legislation as is not inconsistent with the purposes of 2-26 this chapter.

2-27 2. The term does not include the children’s health insurance program.

2-28 Sec. 7. NRS 422.050 is hereby amended to read as follows:

2-29 422.050 1. "Public assistance" includes:

2-30 [1.] (a) State supplementary assistance;

2-31 [2.] (b) Temporary assistance for needy families;

2-32 [3.] (c) Medicaid;

2-33 [4.] (d) Food stamp assistance;

2-34 [5.] (e) Low-income home energy assistance;

2-35 [6.] (f) The program for child care and development; and

2-36 [7.] (g) Benefits provided pursuant to any other public welfare program administered by the welfare 2-37 division pursuant to such additional federal

2-38 legislation as is not inconsistent with the purposes of this chapter.

2-39 2. The term does not include the children’s health insurance

2-40 program.

3-1 Sec. 8. NRS 422.240 is hereby amended to read as follows:

3-2 422.240 1. Money to carry out the provisions of NRS 422.001 to 422.410, inclusive, and sections 3-3 2 and 3 of this act and NRS 422.580,

3-4 including, without limitation, any federal money allotted to the State of Nevada pursuant to the 3-5 program to provide temporary assistance for needy

3-6 families and the program for child care and development, must be provided by appropriation by the 3-7 legislature from the state general fund.

3-8 2. Disbursements for the purposes of NRS 422.001 to 422.410, inclusive, and sections 2 and 3 of 3-9 this act and NRS 422.580 must be made

3-10 upon claims duly filed, audited and allowed in the same manner as other money in the state treasury 3-11 is disbursed.

3-12 Sec. 9. NRS 422.270 is hereby amended to read as follows:

3-13 422.270 The department shall:

3-14 1. Administer all public welfare programs of this state, including:

3-15 (a) State supplementary assistance;

3-16 (b) Temporary assistance for needy families;

3-17 (c) Medicaid;

3-18 (d) Food stamp assistance;

3-19 (e) Low-income home energy assistance;

3-20 (f) The program for child care and development;

3-21 (g) The program for the enforcement of child support; [and]

3-22 (h) The children’s health insurance program; and

3-23 (i) Other welfare activities and services provided for by the laws of this

3-24 state.

3-25 2. Act as the single state agency of the State of Nevada and its political

3-26 subdivisions in the administration of any federal money granted to the [state] State of Nevada to aid 3-27 in the furtherance of any of the services and

3-28 activities set forth in subsection 1.

3-29 3. Cooperate with the Federal Government in adopting state plans, in

3-30 all matters of mutual concern, including adoption of methods of administration found by the Federal 3-31 Government to be necessary for the

3-32 efficient operation of welfare programs, and in increasing the efficiency of welfare programs by 3-33 prompt and judicious use of new federal grants which

3-34 will assist the department in carrying out the provisions of this chapter.

3-35 4. Observe and study the changing nature and extent of welfare needs

3-36 and develop through tests and demonstrations effective ways of meeting those needs and employ or 3-37 contract for personnel and services supported by

3-38 legislative appropriations from the state general fund or money from federal or other sources.

3-39 5. Enter into reciprocal agreements with other states relative to public assistance, welfare services 3-40 and institutional care, when deemed necessary

3-41 or convenient by the director.

4-1 6. Make such agreements with the Federal Government as may be

4-2 necessary to carry out the supplemental security income program.

4-3 Sec. 10. NRS 422.270 is hereby amended to read as follows:

4-4 422.270 The department, through the welfare division, shall:

4-5 1. Except as otherwise provided in NRS 432.010 to 432.085, inclusive,

4-6 administer all public welfare programs of this state, including:

4-7 (a) State supplementary assistance;

4-8 (b) Temporary assistance for needy families;

4-9 (c) Medicaid;

4-10 (d) Food stamp assistance;

4-11 (e) Low-income home energy assistance;

4-12 (f) The program for child care and development;

4-13 (g) The program for the enforcement of child support; [and]

4-14 (h) The children’s health insurance program; and

4-15 (i) Other welfare activities and services provided for by the laws of this

4-16 state.

4-17 2. Act as the single state agency of the State of Nevada and its political

4-18 subdivisions in the administration of any federal money granted to the [state] State of Nevada to aid 4-19 in the furtherance of any of the services and

4-20 activities set forth in subsection 1.

4-21 3. Cooperate with the Federal Government in adopting state plans, in

4-22 all matters of mutual concern, including adoption of methods of administration found by the Federal 4-23 Government to be necessary for the

4-24 efficient operation of welfare programs, and in increasing the efficiency of welfare programs by 4-25 prompt and judicious use of new federal grants which

4-26 will assist the welfare division in carrying out the provisions of NRS 422.070 to 422.410, inclusive [.] 4-27 , and section 3 of this act.

4-28 4. Observe and study the changing nature and extent of welfare needs and develop through tests 4-29 and demonstrations effective ways of meeting

4-30 those needs and employ or contract for personnel and services supported by legislative appropriations 4-31 from the state general fund or money from

4-32 federal or other sources.

4-33 5. Enter into reciprocal agreements with other states relative to public

4-34 assistance, welfare services and institutional care, when deemed necessary or convenient by the 4-35 administrator.

4-36 6. Make such agreements with the Federal Government as may be necessary to carry out the 4-37 supplemental security income program.

4-38 Sec. 11. Chapter 233A of NRS is hereby amended by adding thereto the provisions set forth as 4-39 sections 12 to 17, inclusive, of this act.

4-40 Sec. 12. As used in sections 12 to 17, inclusive, of this act, unless the context otherwise requires, 4-41 the words and terms defined in sections 13

4-42 and 14 of this act have the meanings ascribed to them in those sections.

5-1 Sec. 13. "Advisory committee" means the advisory committee

5-2 concerning the children’s health insurance program created pursuant to section 15 of this act.

5-3 Sec. 14. "Children’s health insurance program" has the meaning ascribed to it in section 2 of 5-4 this act.

5-5 Sec. 15. 1. There is hereby created in the commission the advisory committee concerning the 5-6 children’s health insurance program. The

5-7 advisory committee consists of four members appointed by the commission.

5-8 2. Each member serves a term of 2 years. A member may be reappointed for additional terms of 5-9 2 years in the same manner as the

5-10 original appointment.

5-11 3. A vacancy occurring in the membership of the advisory committee

5-12 must be filled in the same manner as the original appointment.

5-13 4. The advisory committee shall meet at least twice annually.

5-14 5. At its first meeting and annually thereafter, the advisory committee shall elect a chairman 5-15 from among its members.

5-16 Sec. 16. 1. Each member of the advisory committee:

5-17 (a) Serves without compensation; and

5-18 (b) Is entitled to receive the per diem allowance and travel expenses provided for state officers and 5-19 employees generally.

5-20 2. Each member of the advisory committee who is an employee of the State of Nevada or a local 5-21 government must be relieved from his duties

5-22 without loss of his regular compensation so that he may prepare for and attend meetings of the 5-23 advisory committee and perform any work

5-24 necessary to carry out the duties of the advisory committee in the most timely manner practicable. 5-25 A state agency or local governmental entity

5-26 shall not require an employee who is a member of the advisory committee to make up the time that 5-27 he is absent from work or to take annual

5-28 vacation or compensatory time for the time that he is absent from work to carry out his duties as a 5-29 member of the advisory committee.

5-30 Sec. 17. 1. The advisory committee shall:

5-31 (a) Advise the commission on matters related to the children’s health

5-32 insurance program, including, without limitation, matters related to the enrollment of Indian 5-33 children in the program, outreach efforts to raise

5-34 awareness about the program among Indians and other matters concerning the program which 5-35 affect Indians; and

5-36 (b) Make recommendations concerning those matters to the commission.

5-37 2. The commission shall consider the advice and recommendations of the advisory committee 5-38 and make any appropriate recommendations to

5-39 the department of human resources as a result of this review.

6-1 Sec. 18. 1. This section and sections 1 to 4, inclusive, 6, 8, 9 and 11

6-2 to 17, inclusive, of this act become effective upon passage and approval.

6-3 2. Sections 4, 6, 8 and 9 of this act expire by limitation on June 30,

6-4 1999.

6-5 3. Sections 5, 7 and 10 of this act become effective at 12:01 a.m. on

6-6 July 1, 1999.

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