Senate Bill No. 167–Committee on Human Resources and Facilities

 

(On Behalf of Task Force for the Fund for a Healthy Nevada)

 

February 15, 2001

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Expands program of subsidies for provision of prescription drugs and pharmaceutical services to senior citizens to include persons with disabilities who have modest incomes. (BDR 40‑827)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the administration of public health; expanding the program of subsidies for the provision of prescription drugs and pharmaceutical services to senior citizens to include persons with disabilities who have modest incomes; clarifying that certain revenues deposited in the fund for a healthy Nevada may be expended on programs to improve the health or well-being of children and persons with disabilities; 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 439 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    “Person with a disability” means a person who is domiciled in this

1-4  state and who has a physical or mental impairment that substantially

1-5  limits one or more of the major life activities of the person.

1-6    Sec. 2.  NRS 439.600 is hereby amended to read as follows:

1-7    439.600  1.  The legislature hereby declares that its priorities in

1-8  expending the proceeds to the State of Nevada from settlement agreements

1-9  with and civil actions against manufacturers of tobacco products are:

1-10    (a) To increase the number of Nevada students who attend and graduate

1-11  from Nevada institutions of higher education; and

1-12    (b) To assist Nevada residents in obtaining and maintaining good

1-13  health.

1-14    2.  To further these priorities, the legislature hereby declares that it is in

1-15  the best interest of the residents of this state that all money received by the

1-16  State of Nevada pursuant to any settlement entered into by the State of

2-1  Nevada and a manufacturer of tobacco products and all money recovered

2-2  by the State of Nevada from a judgment in a civil action against a

2-3  manufacturer of tobacco products be dedicated solely toward the

2-4  achievement of the following goals:

2-5    (a) Increasing the number of Nevada residents who enroll in and attend

2-6  a university or community college of the University and Community

2-7  College System of Nevada;

2-8    (b) Reducing and preventing the use of tobacco products, alcohol and

2-9  illegal drugs, especially by children;

2-10    (c) Expanding the availability of health insurance and health care for

2-11  children and adults in this state, especially for children and for adults with

2-12  disabilities;

2-13    (d) Assisting senior citizens and persons with disabilities who have

2-14  modest incomes in purchasing prescription drugs and assisting [those]

2-15  senior citizens in meeting their needs related to health care, home care,

2-16  respite care and their ability to live independent of institutional care; and

2-17    (e) Promoting the general health of all residents of the State of Nevada.

2-18    Sec. 3.  NRS 439.630 is hereby amended to read as follows:

2-19    439.630  1.  The task force for the fund for a healthy Nevada shall:

2-20    (a) Conduct public hearings to accept public testimony from a wide

2-21  variety of sources and perspectives regarding existing or proposed

2-22  programs that:

2-23      (1) Promote public health;

2-24      (2) Improve the health [services for] or well-being of children, senior

2-25  citizens and persons with disabilities;

2-26      (3) Reduce or prevent the use of tobacco;

2-27      (4) Reduce or prevent the abuse of and addiction to alcohol and

2-28  drugs; and

2-29      (5) Offer other general or specific information on health care in this

2-30  state.

2-31    (b) Establish a process to evaluate the health and health needs of the

2-32  residents of this state and a system to rank the health problems of the

2-33  residents of this state, including, without limitation, the specific health

2-34  problems that are endemic to urban and rural communities.

2-35    (c) Reserve not more than 30 percent of all revenues deposited in the

2-36  fund for a healthy Nevada each year for direct expenditure by the

2-37  department to pay for prescription drugs and pharmaceutical services for

2-38  senior citizens and persons with disabilities pursuant to NRS 439.635 to

2-39  439.690, inclusive[.] , and section 1 of this act. The department shall

2-40  submit a quarterly report to the governor and interim finance committee

2-41  regarding the general manner in which expenditures have been made

2-42  pursuant to this paragraph and the status of the program.

2-43    (d) Reserve not more than 30 percent of all revenues deposited in the

2-44  fund for a healthy Nevada each year for allocation by the aging services

2-45  division of the department in the form of grants for existing or new

2-46  programs that assist senior citizens with independent living, including,

2-47  without limitation, programs that provide:

2-48      (1) Respite care or relief of family caretakers;

3-1       (2) Transportation to new or existing services to assist senior citizens

3-2  in living independently; and

3-3       (3) Care in the home which allows senior citizens to remain at home

3-4  instead of in institutional care.

3-5    (e) Allocate for expenditure not more than 20 percent of all revenues

3-6  deposited in the fund for a healthy Nevada each year for programs that

3-7  prevent, reduce or treat the use of tobacco and the consequences of the use

3-8  of tobacco.

3-9    (f) Allocate for expenditure not more than 20 percent of all revenues

3-10  deposited in the fund [each year] for a healthy Nevada each year for

3-11  programs that improve the health [services for] or well-being of children

3-12  and [for] persons with disabilities.

3-13    (g) Maximize expenditures through local, federal and private matching

3-14  contributions.

3-15    (h) Ensure that any money expended from the fund for a healthy

3-16  Nevada will not be used to supplant existing methods of funding that are

3-17  available to public agencies.

3-18    (i) Develop policies and procedures for the administration and

3-19  distribution of grants and other expenditures to nonprofit organizations,

3-20  universities and community colleges. A condition of any such grant must

3-21  be that not more than 8 percent of the grant may be used for administrative

3-22  expenses or other indirect costs. The procedures must require at least one

3-23  competitive round of requests for proposals.

3-24    (j) To make the allocations required by paragraphs (e) and (f) : [of

3-25  subsection 1:]

3-26      (1) Prioritize and quantify the needs for these programs;

3-27      (2) Develop, solicit and accept grant applications for allocations;

3-28      (3) Conduct annual evaluations of programs to which allocations

3-29  have been awarded; and

3-30      (4) Submit annual reports concerning the programs to the governor

3-31  and the interim finance committee.

3-32    (k) Transmit a report of all findings, recommendations and expenditures

3-33  to the governor and each regular session of the legislature.

3-34    2.  The task force may take such other actions as are necessary to carry

3-35  out its duties.

3-36    3.  The department shall take all actions necessary to ensure that all

3-37  allocations for expenditures made by the task force are carried out as

3-38  directed by the task force.

3-39    4.  To make the allocations required by paragraph (d) of subsection 1,

3-40  the aging services division of the department shall:

3-41    (a) Prioritize and quantify the needs of senior citizens for these

3-42  programs;

3-43    (b) Develop, solicit and accept grant applications for allocations;

3-44    (c) As appropriate, expand or augment existing state programs for

3-45  senior citizens upon approval of the interim finance committee;

3-46    (d) Award grants or other allocations;

3-47    (e) Conduct annual evaluations of programs to which grants or other

3-48  allocations have been awarded; and

4-1    (f) Submit annual reports concerning the grant program to the governor

4-2  and the interim finance committee.

4-3    5.  The aging services division of the department shall submit each

4-4  proposed grant which would be used to expand or augment an existing

4-5  state program to the interim finance committee for approval before the

4-6  grant is awarded. The request for approval must include a description of

4-7  the proposed use of the money and the person or entity that would be

4-8  authorized to expend the money.

4-9    6.  The department, on behalf of the task force, shall submit each

4-10  allocation proposed pursuant to paragraph (e) or (f) of subsection 1 which

4-11  would be used to expand or augment an existing state program to the

4-12  interim finance committee for approval before the grant is awarded. The

4-13  request for approval must include a description of the proposed use of the

4-14  money and the person or entity that would be authorized to expend the

4-15  money.

4-16    Sec. 4.  NRS 439.635 is hereby amended to read as follows:

4-17    439.635  As used in NRS 439.635 to 439.690, inclusive, and section 1

4-18  of this act, unless the context otherwise requires, the words and terms

4-19  defined in NRS 439.640, 439.645 and 439.650 and section 1 of this act

4-20  have the meanings ascribed to them in those sections.

4-21    Sec. 5.  NRS 439.640 is hereby amended to read as follows:

4-22    439.640  “Household income” [has the meaning ascribed to it in NRS

4-23  361.820.] means:

4-24    1.  With respect to a person with a disability who is not also a senior

4-25  citizen:

4-26    (a) If the person with a disability is a child, the income received by the

4-27  parents of the person with a disability.

4-28    (b) If the person with a disability is not a child, the income received by

4-29  the person with a disability plus the income received by that person’s

4-30  spouse, if any.

4-31    2.  With respect to a person who is a senior citizen, the household

4-32  income that would be used to calculate his eligibility to receive a refund

4-33  pursuant to NRS 361.800 to 361.877, inclusive.

4-34    Sec. 6.  NRS 439.655 is hereby amended to read as follows:

4-35    439.655  The department is responsible for the administration of the

4-36  provisions of NRS 439.635 to 439.690, inclusive, and section 1 of this act

4-37  and may:

4-38    1.  Prescribe the content and form of a request for a subsidy required to

4-39  be submitted pursuant to NRS 439.670.

4-40    2.  Designate the proof that must be submitted with such a request.

4-41    3.  Adopt regulations to protect the confidentiality of information

4-42  supplied by a senior citizen [requesting] or person with a disability who

4-43  requests a subsidy pursuant to NRS 439.670.

4-44    4.  Adopt such other regulations as may be required to carry out the

4-45  provisions of NRS 439.635 to 439.690, inclusive[.] , and section 1 of this

4-46  act.

4-47    Sec. 7.  NRS 439.665 is hereby amended to read as follows:

4-48    439.665  1.  The department shall enter into contracts with private

4-49  insurers who transact health insurance in this state to arrange for the

5-1  availability, at a reasonable cost, of policies of health insurance that

5-2  provide coverage to senior citizens and persons with disabilities for

5-3  prescription drugs and pharmaceutical services.

5-4    2.  Within the limits of the money available for this purpose in the fund

5-5  for a healthy Nevada, a [senior] :

5-6    (a) Senior citizen ; or

5-7    (b) Person with a disability,

5-8  who is not eligible for Medicaid and who purchases a policy of health

5-9  insurance that is made available pursuant to subsection 1 is entitled to an

5-10  annual grant from the trust fund to subsidize a portion of the cost of that

5-11  insurance if he has been domiciled in this state for at least 1 year

5-12  immediately preceding the date of his application and his household

5-13  income is within one of the income ranges for which grants are provided

5-14  pursuant to this subsection to the extent determined by the percentage

5-15  shown opposite his household income on the following schedule:

5-16                                                         Percent of

5-17  Amount of Household  Cost of Insurance Allowable

5-18  Income Is OverBut Not Over        as a Subsidy

5-19           $0          -   $12,700                      90

5-20     12,700          -    14,800                      80

5-21     14,800          -    17,000                      50

5-22     17,000          -    19,100                      25

5-23     19,100          -    21,500                      10

5-24    3.  The amount of any subsidy granted pursuant to this section must not

5-25  exceed the annual cost of insurance that provides coverage for prescription

5-26  drugs and pharmaceutical services or $480 per year, whichever is less.

5-27    4.  A senior citizen who is also a person with a disability may, if

5-28  otherwise qualified pursuant to this section, receive one subsidy as either

5-29  a senior citizen or as a person with a disability, but is not eligible to

5-30  receive a subsidy based upon both characteristics.

5-31    Sec. 8.  NRS 439.670 is hereby amended to read as follows:

5-32    439.670  1.  A senior citizen or person with a disability who wishes to

5-33  receive a subsidy pursuant to NRS 439.665 must file a request therefor

5-34  with the department.

5-35    2.  The request must be made under oath and filed in such form and

5-36  content, and accompanied by such proof, as the department may prescribe.

5-37    3.  The department shall, within 45 days after receiving a request for a

5-38  subsidy, examine the request, grant or deny it, and if granted, shall

5-39  determine the amount of the subsidy to which the senior citizen or person

5-40  with a disability is entitled.

5-41    4.  The department shall determine which senior citizens and persons

5-42  with disabilities are eligible to receive a subsidy pursuant to NRS 439.665

5-43  and pay the subsidy directly to an insurer with whom the department has

5-44  entered into a contract pursuant to NRS 439.665.

5-45    Sec. 9.  NRS 439.675 is hereby amended to read as follows:

5-46    439.675  1.  The department shall deny any request for a subsidy

5-47  received pursuant to NRS 439.670 to which the senior citizen or person

5-48  with a disability is not entitled or any amount in excess of that to which the

5-49  senior citizen or person with a disability is entitled.

6-1    2.  The department may deny in total any request which it finds to have

6-2  been filed with fraudulent intent. If any such request has been paid and is

6-3  afterward denied, the amount of the subsidy must be repaid by the senior

6-4  citizen or person with a disability to the department.

6-5    3.  Any amounts received by the department pursuant to this section

6-6  must be deposited with the state treasurer for credit to the fund for a

6-7  healthy Nevada.

6-8    Sec. 10.  NRS 439.685 is hereby amended to read as follows:

6-9    439.685  Any subsidy granted pursuant to NRS 439.665 to a senior

6-10  citizen or person with a disability who is not qualified for such a subsidy

6-11  may be revoked by the department. If a subsidy is so revoked, the senior

6-12  citizen or person with a disability shall make restitution to the department

6-13  for any subsidy he has improperly received, and the department shall take

6-14  all proper actions to collect the amount of the subsidy as a debt.

6-15    Sec. 11.  NRS 396.911 is hereby amended to read as follows:

6-16    396.911  1.  The legislature hereby declares that its priorities in

6-17  expending the proceeds to the State of Nevada from settlement agreements

6-18  with and civil actions against manufacturers of tobacco products are:

6-19    (a) To increase the number of Nevada students who attend and graduate

6-20  from Nevada institutions of higher education; and

6-21    (b) To assist Nevada residents in obtaining and maintaining good

6-22  health.

6-23    2.  To further these priorities, the legislature hereby declares that it is in

6-24  the best interest of the residents of the State of Nevada that all money

6-25  received by the State of Nevada pursuant to any settlement entered into by

6-26  the State of Nevada and a manufacturer of tobacco products and all money

6-27  recovered by the State of Nevada from a judgment in a civil action against

6-28  a manufacturer of tobacco products be dedicated solely toward the

6-29  achievement of the following goals:

6-30    (a) Increasing the number of residents of the State of Nevada who enroll

6-31  in and attend a university or community college of the University and

6-32  Community College System of Nevada;

6-33    (b) Reducing and preventing the use of tobacco products, alcohol and

6-34  illegal drugs, especially by children;

6-35    (c) Expanding the availability of health insurance and health care for

6-36  children and adults in this state, especially for children and for adults with

6-37  disabilities;

6-38    (d) Assisting senior citizens and persons with disabilities who have

6-39  modest incomes in purchasing prescription drugs and assisting [those]

6-40  senior citizens in meeting their needs related to health care, home care,

6-41  respite care and their ability to live independent of institutional care; and

6-42    (e) Promoting the general health of all residents of the State of Nevada.

6-43    Sec. 12.  This act becomes effective on July 1, 2001.

 

6-44  H