Assembly Bill No. 482–Committee on Ways and Means

 

(On Behalf of Legislative Committee on Children,
Youth and Families (NRS 218.53723))

 

March 24, 2003

____________

 

Referred to Committee on Ways and Means

 

SUMMARY—Makes various changes concerning funding of child welfare services and institutional care of persons covered by State Plan for Medicaid. (BDR 38‑687)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           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 public welfare; making various changes concerning the funding of child welfare services in this state; making the State of Nevada responsible for all of the nonfederal share of the costs of institutional care of persons covered by the State Plan for Medicaid in certain counties; 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.  NRS 422.272 is hereby amended to read as follows:

1-2  422.272 1.  Except as otherwise provided in NRS 422.2725,

1-3  the Director shall include in the State Plan for Medicaid a

1-4  requirement that the State shall pay the nonfederal share of

1-5  expenditures for the medical, administrative and transactional costs,

1-6  to the extent not covered by private insurance, of a person:

1-7  (a) Who is admitted to a hospital, facility for intermediate care

1-8  or facility for skilled nursing for not less than 30 consecutive days;

1-9  (b) Who is covered by the State Plan for Medicaid; and

1-10      (c) [Whose] Who:

2-1       (1) Resides in a county whose population is 100,000 or

2-2  more; or

2-3       (2) Resides in a county whose population is less than

2-4  100,000 and whose net countable income per month is not more

2-5  than $775 or 156 percent of the supplemental security income

2-6  benefit rate established pursuant to 42 U.S.C. § 1382(b)(1),

2-7  whichever is greater.

2-8  2.  As used in this section:

2-9  (a) “Facility for intermediate care” has the meaning ascribed to

2-10  it in NRS 449.0038.

2-11      (b) “Facility for skilled nursing” has the meaning ascribed to it

2-12  in NRS 449.0039.

2-13      (c) “Hospital” has the meaning ascribed to it in NRS 449.012.

2-14      Sec. 2.  NRS 428.440 is hereby amended to read as follows:

2-15      428.440  “Interlocal agreement” means an interlocal agreement

2-16  between the Department of Human Resources and a county whose

2-17  population is less than 100,000 to pay the expenses for the

2-18  institutional care of the medically indigent pursuant to the State

2-19  Plan.

2-20      Sec. 3.  NRS 428.470 is hereby amended to read as follows:

2-21      428.470  1.  The Fund for the Institutional Care of the

2-22  Medically Indigent is hereby created in the State Treasury.

2-23      2.  The money in the Fund must only be used to provide

2-24  assistance to a county which is unable to make a payment required

2-25  by an interlocal agreement.

2-26      3.  The Fund must be administered by a Board of Trustees

2-27  consisting of 5 county commissioners from counties whose

2-28  populations are less than 100,000 each appointed by the Governor

2-29  from a list of 10 nominees submitted by the Board of Directors of

2-30  the Nevada Association of Counties.

2-31      4.  Each member of the Board shall serve a term of 1 year or

2-32  until his successor has been appointed and has qualified.

2-33      5.  The position of a member of the Board shall be deemed

2-34  vacated upon his loss of any of the qualifications required for his

2-35  appointment and, in that event, the Governor shall appoint a

2-36  successor from a list of two nominees submitted by the Board of

2-37  Directors of the Nevada Association of Counties.

2-38      6.  Any interest or money earned on money in the Fund must be

2-39  credited to the Fund.

2-40      7.  Any money remaining in the Fund at the end of a fiscal year

2-41  remains in the Fund and does not revert to the State General Fund.

2-42      Sec. 4.  1.  Washoe County and Clark County are responsible

2-43  for funding the provision of back-end child welfare services

2-44  provided by the agency which provides child welfare services in

2-45  their respective counties beginning:

3-1  (a) For Washoe County, on July 1, 2003; and

3-2  (b) For Clark County, 18 months after the date on which the

3-3  State of Nevada begins transferring responsibility for the provision

3-4  of and employees to provide child welfare services in Clark County

3-5  from the Division of Child and Family Services of the Department

3-6  of Human Resources to the agency which provides child welfare

3-7  services in Clark County.

3-8  2.  Any dispute regarding the date on which the State of Nevada

3-9  begins transferring responsibility for the provision of and employees

3-10  to provide child welfare services in Clark County from the Division

3-11  of Child and Family Services of the Department of Human

3-12  Resources to the agency which provides child welfare services in

3-13  Clark County must be resolved by the Governor.

3-14      3.  As used in this section “back-end child welfare services”

3-15  means services provided by an agency which provides child welfare

3-16  services:

3-17      (a) For the temporary or permanent placement of children for

3-18  whom it is responsible, other than short-term foster care and

3-19  emergency shelter care, including, without limitation, the placement

3-20  of such children in foster care or for adoption;

3-21      (b) Related to the provision of maintenance and special services

3-22  to children for whom it is responsible;

3-23      (c) Related to the case management of foster care and adoption

3-24  services provided to children for whom it is responsible;

3-25      (d) For independent living provided to children for whom it is

3-26  responsible;

3-27      (e) For the preservation of families of children for whom it is

3-28  responsible; and

3-29      (f) Related to the licensing of providers of foster care.

3-30      Sec. 5.  1.  Except as otherwise provided pursuant to section 6

3-31  of this act, Washoe County and the State of Nevada are jointly

3-32  responsible for funding the provision of front-end child welfare

3-33  services provided by the agency which provides child welfare

3-34  services in Washoe County. Except as otherwise provided in section

3-35  6 of this act, beginning on July 1, 2003, Washoe County is

3-36  responsible for the remaining 50 percent of the costs incurred in

3-37  funding the provision of front-end child welfare services provided

3-38  by the agency which provides child welfare services in Washoe

3-39  County and the State of Nevada is responsible for the remaining 50

3-40  percent of such costs.

3-41      2.  Except as otherwise provided pursuant to section 6 of this

3-42  act, Clark County and the State of Nevada are jointly responsible for

3-43  funding the provision of front-end child welfare services provided

3-44  by the agency which provides child welfare services in Clark

3-45  County. Except as otherwise provided in section 6 of this act,

4-1  beginning 18 months after the date on which the State of Nevada

4-2  begins transferring responsibility for the provision of and employees

4-3  to provide child welfare services in Clark County from the Division

4-4  of Child and Family Services of the Department of Human

4-5  Resources to the agency which provides child welfare services in

4-6  Clark County, Clark County is responsible for 54 percent of the

4-7  costs incurred in funding the provision of front-end child welfare

4-8  services provided by the agency which provides child welfare

4-9  services in Clark County and the State of Nevada is responsible for

4-10  the remaining 46 percent of such costs.

4-11      3.  Any dispute regarding the date on which the State of Nevada

4-12  begins transferring responsibility for the provision of and employees

4-13  to provide child welfare services in Clark County from the Division

4-14  of Child and Family Services of the Department of Human

4-15  Resources to the agency which provides child welfare services in

4-16  Clark County must be resolved by the Governor.

4-17      4.  As used in this section, “front-end child welfare services”

4-18  means services provided by an agency which provides child welfare

4-19  services:

4-20      (a) Related to the prevention of child abuse and neglect;

4-21      (b) Related to investigations of abuse or neglect of children for

4-22  whom it is responsible, and to assessments of such children and

4-23  their families;

4-24      (c) For the temporary placement of children for whom it is

4-25  responsible through the use of short-term foster care or emergency

4-26  shelter care; and

4-27      (d) Provided to children for whom it is responsible and their

4-28  families in their homes.

4-29      Sec. 6.  1.  The Division of Child and Family Services of the

4-30  Department of Human Resources, in consultation with each agency

4-31  which provides child welfare services in a county whose population

4-32  is 100,000 or more, shall examine the method of funding the

4-33  provision of front-end child welfare services set forth in section 5 of

4-34  this act to determine whether that method of funding the provision

4-35  of such services is appropriate by comparing data from the sharing

4-36  of costs which results from experience to the data on which the

4-37  percentages set forth in that section are based. If the Division, in

4-38  consultation with each agency which provides child welfare services

4-39  in a county whose population is 100,000 or more, determines that

4-40  the method of funding the provision of front-end child welfare

4-41  services set forth in section 5 of this act is not appropriate, the

4-42  Division, in consultation with each agency, shall revise the method

4-43  of funding.

4-44      2.  The examination required by subsection 1 must occur only

4-45  once for each county, and must occur:

5-1  (a) For Washoe County, immediately after July 1, 2005; and

5-2  (b) For Clark County, immediately following 2 years after the

5-3  date on which Clark County and the State of Nevada begin sharing

5-4  costs for the provision of front-end child welfare services pursuant

5-5  to section 5 of this act.

5-6  Sec. 7.  This act becomes effective on July 1, 2003.

 

5-7  H