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

1-5 provide health insurance for 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

1-9 organizations and organizations that collaborate with Indian tribes to

1-10 identify Indian children who may be eligible to enroll in the children’s

1-11 health insurance program 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

2-3 enroll the child in the children’s health insurance program; and

2-4 3. Contract with the Indian Health Service and tribal clinics that

2-5 provide health care services to Indians to provide health care services to

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

2-7 program.

2-8 Sec. 4. NRS 422.001 is hereby amended to read as follows:

2-9 422.001 As used in this chapter, unless the context otherwise requires,

2-10 the words and terms defined in NRS 422.010 to 422.055, inclusive, and

2-11 section 2 of this act have the meanings ascribed to them in those sections.

2-12 Sec. 5. NRS 422.001 is hereby amended to read as follows:

2-13 422.001 As used in this chapter, unless the context otherwise requires,

2-14 the words and terms defined in NRS 422.005 to 422.055, inclusive, and

2-15 section 2 of this act have the meanings ascribed to them in those sections.

2-16 Sec. 6. NRS 422.050 is hereby amended to read as follows:

2-17 422.050 1. "Public assistance" includes:

2-18 [1.] (a) State supplementary assistance;

2-19 [2.] (b) Temporary assistance for needy families;

2-20 [3.] (c) Medicaid;

2-21 [4.] (d) Food stamp assistance;

2-22 [5.] (e) Low-income home energy assistance;

2-23 [6.] (f) The program for child care and development; and

2-24 [7.] (g) Benefits provided pursuant to any other public welfare program

2-25 administered by the welfare division or the division of health care financing

2-26 and policy pursuant to such additional federal legislation as is not

2-27 inconsistent with the purposes of this chapter.

2-28 2. The term does not include the children’s health insurance

2-29 program.

2-30 Sec. 7. NRS 422.050 is hereby amended to read as follows:

2-31 422.050 1. "Public assistance" includes:

2-32 [1.] (a) State supplementary assistance;

2-33 [2.] (b) Temporary assistance for needy families;

2-34 [3.] (c) Medicaid;

2-35 [4.] (d) Food stamp assistance;

2-36 [5.] (e) Low-income home energy assistance;

2-37 [6.] (f) The program for child care and development; and

2-38 [7.] (g) Benefits provided pursuant to any other public welfare program

2-39 administered by the welfare division pursuant to such additional federal

2-40 legislation as is not inconsistent with the purposes of this chapter.

2-41 2. The term does not include the children’s health insurance

2-42 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

3-3 422.410, inclusive, and sections 2 and 3 of this act and NRS 422.580,

3-4 including, without limitation, any federal money allotted to the State of

3-5 Nevada pursuant to the program to provide temporary assistance for needy

3-6 families and the program for child care and development, must be provided

3-7 by appropriation by the legislature from the state general fund.

3-8 2. Disbursements for the purposes of NRS 422.001 to 422.410,

3-9 inclusive, and sections 2 and 3 of this act and NRS 422.580 must be made

3-10 upon claims duly filed, audited and allowed in the same manner as other

3-11 money in the state treasury 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

3-27 [state] State of Nevada to aid 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 all

3-30 matters of mutual concern, including adoption of methods of administration

3-31 found by the Federal Government to be necessary for the efficient operation

3-32 of welfare programs, and in increasing the efficiency of welfare programs

3-33 by prompt and judicious use of new federal grants which will assist the

3-34 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

3-37 those needs and employ or contract for personnel and services supported by

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

3-39 or other sources.

3-40 5. Enter into reciprocal agreements with other states relative to public

3-41 assistance, welfare services and institutional care, when deemed necessary

3-42 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

4-19 [state] State of Nevada to aid 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 all

4-22 matters of mutual concern, including adoption of methods of administration

4-23 found by the Federal Government to be necessary for the efficient operation

4-24 of welfare programs, and in increasing the efficiency of welfare programs

4-25 by prompt and judicious use of new federal grants which will assist the

4-26 welfare division in carrying out the provisions of NRS 422.070 to 422.410,

4-27 inclusive [.] , and section 3 of this act.

4-28 4. Observe and study the changing nature and extent of welfare needs

4-29 and develop through tests and demonstrations effective ways of meeting

4-30 those needs and employ or contract for personnel and services supported by

4-31 legislative appropriations from the state general fund or money from federal

4-32 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

4-35 or convenient by the administrator.

4-36 6. Make such agreements with the Federal Government as may be

4-37 necessary to carry out the supplemental security income program.

4-38 Sec. 11. Chapter 233A of NRS is hereby amended by adding thereto

4-39 the provisions set forth as 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

4-41 context otherwise requires, 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

5-3 section 15 of this act.

5-4 Sec. 14. "Children’s health insurance program" has the meaning

5-5 ascribed to it in section 2 of this act.

5-6 Sec. 15. 1. There is hereby created in the commission the advisory

5-7 committee concerning the children’s health insurance program. The

5-8 advisory committee consists of:

5-9 (a) One member who is the chairman of a tribal council or chief of a

5-10 Nevada Indian tribe and is appointed by the governing body of a unit of

5-11 the Indian Health Service that is designated to serve the health care

5-12 needs of Indians in the eastern portion of this state. The appointed

5-13 member may designate a representative to serve in his absence.

5-14 (b) One member who is the chairman of a tribal council or chief of a

5-15 Nevada Indian tribe and is appointed by the governing body of a unit of

5-16 the Indian Health Service that is designated to serve the health care

5-17 needs of Indians in the western portion of this state. The appointed

5-18 member may designate a representative to serve in his absence.

5-19 (c) One member who is appointed by the Inter-Tribal Council of

5-20 Nevada, Inc.

5-21 (d) One member who is appointed by the governing board of an

5-22 organization that is partially funded by the Indian Health Service and

5-23 which specifically serves the health care needs of Indians in each county

5-24 whose population is more than 100,000, but less than 400,000.

5-25 (e) One member who is appointed by the governing board of an

5-26 organization that is partially funded by the Indian Health Service and

5-27 which specifically serves the health care needs of Indians in each county

5-28 whose population is 400,000 or more.

5-29 2. Each member serves a term of 2 years. A member may be

5-30 reappointed for additional terms of 2 years in the same manner as the

5-31 original appointment.

5-32 3. A vacancy occurring in the membership of the advisory committee

5-33 must be filled in the same manner as the original appointment.

5-34 4. The advisory committee shall meet at least twice annually.

5-35 5. At its first meeting and annually thereafter, the advisory committee

5-36 shall elect a chairman from among its members.

5-37 Sec. 16. 1. Each member of the advisory committee serves without

5-38 compensation.

5-39 2. Each member of the advisory committee who is an employee of the

5-40 State of Nevada or a local government must be relieved from his duties

5-41 without loss of his regular compensation so that he may prepare for and

5-42 attend meetings of the advisory committee and perform any work

5-43 necessary to carry out the duties of the advisory committee in the most

6-1 timely manner practicable. A state agency or local governmental entity

6-2 shall not require an employee who is a member of the advisory committee

6-3 to make up the time that he is absent from work or to take annual

6-4 vacation or compensatory time for the time that he is absent from work to

6-5 carry out his duties as a member of the advisory committee.

6-6 Sec. 17. 1. The advisory committee shall:

6-7 (a) Provide written reports, analysis and advice to the commission on

6-8 matters related to the children’s health insurance program, including,

6-9 without limitation, matters related to the enrollment of Indian children in

6-10 the program, outreach efforts to raise awareness about the program

6-11 among Indians and other matters concerning the program which affect

6-12 Indians; and

6-13 (b) Make written recommendations concerning those matters to the

6-14 commission.

6-15 2. The commission shall:

6-16 (a) Consider the advice and recommendations of the advisory

6-17 committee and make any appropriate written recommendations to the

6-18 director of the department of human resources as a result of this review;

6-19 and

6-20 (b) Provide the necessary staff to assist the advisory committee in

6-21 performing its duties, including, without limitation, staff to assist in

6-22 preparing written reports and analysis pursuant to subsection 1.

6-23 Sec. 18. 1. This section and sections 1 to 4, inclusive, 6, 8, 9 and 11

6-24 to 17, inclusive, of this act become effective upon passage and approval.

6-25 2. Sections 4, 6, 8 and 9 of this act expire by limitation on June 30,

6-26 1999.

6-27 3. Sections 5, 7 and 10 of this act become effective at 12:01 a.m. on

6-28 July 1, 1999.

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