Assembly Bill No. 501–Committee on
Health and Human Services

 

(On Behalf of the Department of Human
Resources, Director's Office)

 

March 24, 2003

____________

 

Referred to Committee on Health and Human Services

 

SUMMARY—Makes various changes to provisions governing welfare and other programs of public assistance. (BDR 38‑516)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to public assistance; revising provisions governing meetings of the State Welfare Board; transferring certain duties relating to the State Program for Medicaid to the Department of Human Resources and the Director of the Department; revising provisions governing the program to provide temporary assistance for needy families; requiring the Welfare Division of the Department of Human Resources to adopt regulations establishing a schedule of penalties for failure to comply with the terms of a plan for personal responsibility; revising provisions governing the determination of eligibility of qualifying relatives in a program to assist relatives with legal guardianship of 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. NRS 422.110 is hereby amended to read as follows:

1-2  422.110  1.  The members of the Board shall meet at least

1-3  twice each calendar year to consider any issues related to public

2-1  assistance and other programs for which the Welfare Division is

2-2  responsible that may be of importance to members of the general

2-3  public, the Governor or the Welfare Division, at such places as the

2-4  Board, the Chairman of the Board, the State Welfare Administrator

2-5  or the Director deems appropriate.

2-6  2.  Four members of the Board constitute a quorum, and a

2-7  quorum may exercise all the power and authority conferred on the

2-8  Board.

2-9  3.  The Board shall:

2-10      (a) At least [45] 14 days before the date it holds a meeting,

2-11  provide public notice of the date, time and location of the meeting,

2-12  in addition to the notice required pursuant to NRS 241.020.

2-13      (b) Keep minutes of all meetings of the Board, which must

2-14  include records of testimony and written comments presented to the

2-15  Board, and file the minutes with the Welfare Division. The minutes

2-16  must be maintained as public records.

2-17      Sec. 2.  NRS 422.215 is hereby amended to read as follows:

2-18      422.215  1.  The State Welfare Administrator or his designated

2-19  representative may administer oaths and take testimony thereunder

2-20  and issue subpoenas requiring the attendance of witnesses before the

2-21  Welfare Division at a designated time and place and the production

2-22  of books, papers and records relative to[:

2-23      (a) Eligibility] eligibility or continued eligibility for public

2-24  assistance . [; and

2-25      (b) Verification of treatment and payments to a provider of

2-26  medical care, remedial care or other services pursuant to the State

2-27  Plan for Medicaid.]

2-28      2.  The Director or his designated representative may

2-29  administer oaths and take testimony thereunder and issue

2-30  subpoenas requiring the attendance of witnesses before the

2-31  Department at a designated time and place and the production of

2-32  books, papers and records relative to verification of treatment and

2-33  payments to a provider of medical care, remedial care or other

2-34  services pursuant to the State Plan for Medicaid.

2-35      3.  If a witness fails to appear or refuses to give testimony or to

2-36  produce books, papers and records as required by [the subpoena ,] a

2-37  subpoena issued pursuant to this section, the district court of the

2-38  county in which the investigation is being conducted may compel

2-39  the attendance of the witness, the giving of testimony and the

2-40  production of books, papers and records as required by the

2-41  subpoena.

2-42      Sec. 3.  NRS 422.222 is hereby amended to read as follows:

2-43      422.222  The State Welfare Administrator may adopt such

2-44  regulations as are necessary for the administration of NRS 422.160

2-45  to [422.2345,] 422.230, inclusive, 422.2931 to [422.2936,]

3-1  422.29324, inclusive, and 422.310 to 422.3754, inclusive, and any

3-2  program of the Welfare Division.

3-3  Sec. 4.  NRS 422.230 is hereby amended to read as follows:

3-4  422.230  The State Welfare Administrator shall:

3-5  1.  Supply the Director with material on which to base proposed

3-6  legislation.

3-7  2.  Cooperate with the Federal Government and state

3-8  governments for the more effective attainment of the purposes of

3-9  this chapter.

3-10      3.  Coordinate the activities of the Welfare Division with other

3-11  agencies, both public and private, with related or similar activities.

3-12      4.  Keep a complete and accurate record of all proceedings,

3-13  record and file all bonds and contracts, and assume responsibility for

3-14  the custody and preservation of all papers and documents pertaining

3-15  to his office.

3-16      5.  Inform the public in regard to the activities and operation of

3-17  the Welfare Division, and provide other information which will

3-18  acquaint the public with problems relating to welfare.

3-19      6.  Conduct studies into the causes of the social problems with

3-20  which the Welfare Division is concerned.

3-21      7.  Provide leadership in the community in order that all welfare

3-22  activities are pointed toward the single goal of improving the public

3-23  welfare.

3-24      8.  Invoke any legal, equitable or special procedures for the

3-25  enforcement of his orders or the enforcement of the provisions of

3-26  NRS 422.160 to [422.2345,] 422.230, inclusive, 422.2931 to

3-27  [422.2936,] 422.29324, inclusive, and 422.310 to 422.3754,

3-28  inclusive.

3-29      9.  Exercise any other powers that are necessary and proper for

3-30  the standardization of state work, to expedite business, to ensure fair

3-31  consideration of applications for aid, and to promote the efficiency

3-32  of the service provided by the Welfare Division.

3-33      Sec. 5.  NRS 422.2345 is hereby amended to read as follows:

3-34      422.2345  1.  The [State Welfare Administrator] Director or

3-35  his designated representative shall:

3-36      (a) Promptly comply with a request from the Unit for access to

3-37  and free copies of any records or other information in the possession

3-38  of the [Welfare Division] Department regarding a provider; and

3-39      (b) Refer to the Unit all cases in which he suspects that a

3-40  provider has committed an offense pursuant to NRS 422.540 to

3-41  422.570, inclusive.

3-42      2.  As used in this section:

3-43      (a) “Provider” means a person who has applied to participate or

3-44  who participates in the State Plan for Medicaid as the provider of

3-45  goods or services.

4-1  (b) “Unit” means the Medicaid Fraud Control Unit established

4-2  in the Office of the Attorney General pursuant to NRS 228.410.

4-3  Sec. 6.  NRS 422.287 is hereby amended to read as follows:

4-4  422.287  1.  As part of the health and welfare programs of this

4-5  state, the [Welfare Division or the] Division of Health Care

4-6  Financing and Policy or any other division designated by the

4-7  Director may provide prenatal care to pregnant women who are

4-8  indigent, or may contract for the provision of that care, at public or

4-9  nonprofit hospitals in this state.

4-10      2.  The [Welfare Division or the] Division of Health Care

4-11  Financing and Policy or any other division designated by the

4-12  Director shall provide to each person licensed to engage in social

4-13  work pursuant to chapter 641B of NRS, each applicant for Medicaid

4-14  and any other interested person, information concerning the prenatal

4-15  care available pursuant to this section.

4-16      3.  The [Welfare Division or the] Division of Health Care

4-17  Financing and Policy or any other division designated by the

4-18  Department shall adopt regulations setting forth criteria of

4-19  eligibility and rates of payment for prenatal care provided pursuant

4-20  to the provisions of this section, and such other provisions relating

4-21  to the development and administration of the Program for Prenatal

4-22  Care as the [State Welfare Administrator] Director or the

4-23  Administrator of the Division of Health Care Financing and Policy,

4-24  as applicable, deems necessary.

4-25      Sec. 7.  NRS 422.2931 is hereby amended to read as follows:

4-26      422.2931  The State Welfare Administrator and the Welfare

4-27  Division shall administer the provisions of NRS 422.160 to

4-28  [422.2345,] 422.230, inclusive, 422.2931 to [422.2936,] 422.29324,

4-29  inclusive, and 422.310 to 422.3754, inclusive, subject to

4-30  administrative supervision by the Director.

4-31      Sec. 8.  NRS 422.29314 is hereby amended to read as follows:

4-32      422.29314  1.  The [Welfare Division] Department shall

4-33  provide public assistance pursuant to:

4-34      (a) The program established to provide Temporary Assistance

4-35  for Needy Families;

4-36      (b) Medicaid; or

4-37      (c) Any program for which a grant has been provided to this

4-38  state pursuant to 42 U.S.C. §§ 1397 et seq.,

4-39  to a qualified alien who complies with the requirements established

4-40  by the [Welfare Division] Department pursuant to federal law and

4-41  this chapter for the receipt of benefits pursuant to that program.

4-42      2.  As used in this section, “qualified alien” has the meaning

4-43  ascribed to it in 8 U.S.C. § 1641.

4-44      Sec. 9.  NRS 422.29318 is hereby amended to read as follows:

4-45      422.29318  1.  The Welfare Division [shall:] may:

5-1  (a) Periodically evaluate recipients of public assistance pursuant

5-2  to this chapter to identify recipients who are victims of domestic

5-3  violence.

5-4  (b) Refer a recipient who it determines is a victim of domestic

5-5  violence to appropriate counseling or other supportive services

5-6  available in the community in which the recipient resides.

5-7  2.  Except as otherwise provided in this subsection, the Welfare

5-8  Division shall not disclose to any person other than the victim that a

5-9  determination of domestic violence has been made pursuant to this

5-10  section. The Welfare Division may disclose the information to the

5-11  Secretary of Health and Human Services or his designee for the

5-12  purposes of including that information in the Federal Parent Locator

5-13  Service established pursuant to 42 U.S.C. § 653.

5-14      Sec. 10.  NRS 422.2932 is hereby amended to read as follows:

5-15      422.2932  1.  Except as otherwise provided in subsection 3, as

5-16  a condition to the receipt of public assistance, a recipient must:

5-17      (a) Ensure that each dependent child for whom the recipient is

5-18  receiving assistance has received the standard immunizations

5-19  established for children by the regulations adopted pursuant to

5-20  NRS 439.550.

5-21      (b) Within 6 months after the determination of his eligibility for

5-22  public assistance, submit to the Welfare Division, in the manner

5-23  specified in NRS 432A.230 and 432A.260 for admission to a child

5-24  care facility, proof that each dependent child for whom the recipient

5-25  is receiving assistance has received those standard immunizations.

5-26      2.  The Welfare Division shall advise each recipient of the

5-27  availability of those standard immunizations through clinics for the

5-28  immunization of children held pursuant to NRS 439.535.

5-29      3.  The Welfare Division shall waive the requirements of

5-30  subsection 1 if the failure to immunize a dependent child is because

5-31  of a religious belief or medical condition and the recipient submits

5-32  to the Welfare Division a written statement of that fact in the

5-33  manner specified in NRS 432A.240 or 432A.250 for admission to a

5-34  child care facility.

5-35      4.  A head of a household that is receiving benefits pursuant to

5-36  the program to provide Temporary Assistance for Needy Families

5-37  who does not comply with the requirements of this section:

5-38      (a) Shall be deemed to have failed to comply with the terms of

5-39  the plan for personal responsibility signed by the head of the

5-40  household pursuant to NRS 422.3724; and

5-41      (b) Is subject to the penalties prescribed [in] by the Welfare

5-42  Division pursuant to NRS 422.3736 for failing to comply with the

5-43  terms of that plan.

 

 

6-1  Sec. 11.  NRS 422.2935 is hereby amended to read as follows:

6-2  422.2935  1.  Except as otherwise provided in this section and

6-3  to the extent it is not prohibited by federal law and when

6-4  circumstances allow, the [Welfare Division] Department shall

6-5  recover benefits correctly paid for Medicaid from:

6-6  (a) The undivided estate of the person who received those

6-7  benefits; and

6-8  (b) Any recipient of money or property from the undivided

6-9  estate of the person who received those benefits.

6-10      2.  The [Welfare Division] Department shall not recover

6-11  benefits pursuant to subsection 1, except from a person who is

6-12  neither a surviving spouse nor a child, until after the death of the

6-13  surviving spouse, if any, and only at a time when the person who

6-14  received the benefits has no surviving child who is under 21 years of

6-15  age or is blind or permanently and totally disabled.

6-16      3.  Except as otherwise provided by federal law, if a transfer of

6-17  real or personal property by a recipient of Medicaid is made for less

6-18  than fair market value, the [Welfare Division] Department may

6-19  pursue any remedy available pursuant to chapter 112 of NRS with

6-20  respect to the transfer.

6-21      4.  The amount of Medicaid paid to or on behalf of a person is a

6-22  claim against the estate in any probate proceeding only at a time

6-23  when there is no surviving spouse or surviving child who is under

6-24  21 years of age or is blind or permanently and totally disabled.

6-25      5.  The [State Welfare Administrator] Director or his designee

6-26  may elect not to file a claim against the estate of a recipient of

6-27  Medicaid or his spouse if he determines that the filing of the claim

6-28  will cause an undue hardship for the spouse or other survivors of the

6-29  recipient. The [State Welfare Administrator] Director shall adopt

6-30  regulations defining the circumstances that constitute an undue

6-31  hardship.

6-32      6.  Any recovery of money obtained pursuant to this section

6-33  must be applied first to the cost of recovering the money. Any

6-34  remaining money must be divided among the Federal Government,

6-35  the Department and the county in the proportion that the amount of

6-36  assistance each contributed to the recipient bears to the total amount

6-37  of the assistance contributed.

6-38      7.  Any recovery by the [Welfare Division] Department from

6-39  the undivided estate of a recipient pursuant to this section must be

6-40  paid in cash to the extent of:

6-41      (a) The amount of Medicaid paid to or on behalf of the recipient

6-42  after October 1, 1993; or

6-43      (b) The value of the remaining assets in the undivided

6-44  estate,

6-45  whichever is less.

7-1  Sec. 12.  NRS 422.29353 is hereby amended to read as

7-2  follows:

7-3  422.29353  1.  Except as otherwise provided in this section,

7-4  the [Welfare Division] Department shall, to the extent that it is not

7-5  prohibited by federal law, recover from a recipient of public

7-6  assistance, the estate of the recipient, the undivided estate of a

7-7  recipient of Medicaid or a person who signed the application for

7-8  public assistance on behalf of the recipient an amount not to exceed

7-9  the amount of public assistance incorrectly paid to the recipient, if

7-10  the person who signed the application:

7-11      (a) Failed to report any required information to the [Welfare

7-12  Division] Department that the person knew at the time he signed the

7-13  application; or

7-14      (b) Failed to report to the [Welfare Division] Department within

7-15  the period allowed by the [Welfare Division] Department any

7-16  required information that the person obtained after he filed the

7-17  application.

7-18      2.  Except as otherwise provided in this section, a recipient of

7-19  incorrectly paid public assistance, the undivided estate of a recipient

7-20  of Medicaid or a person who signed the application for public

7-21  benefits on behalf of the recipient shall reimburse the [Division or]

7-22  appropriate state agency for the value of the incorrectly paid public

7-23  assistance.

7-24      3.  The [State Welfare Administrator] Director or his designee

7-25  may, to the extent that it is not prohibited by federal law, determine

7-26  the amount of, and settle, adjust, compromise or deny a claim

7-27  against a recipient of public assistance, the estate of the recipient,

7-28  the undivided estate of a recipient of Medicaid or a person who

7-29  signed the application for public assistance on behalf of the

7-30  recipient.

7-31      4.  The [State Welfare Administrator] Director or his designee

7-32  may, to the extent that it is not prohibited by federal law, waive the

7-33  repayment of public assistance incorrectly paid to a recipient if the

7-34  incorrect payment was not the result of an intentional

7-35  misrepresentation or omission by the recipient and if repayment

7-36  would cause an undue hardship to the recipient. The [State Welfare

7-37  Administrator] Director shall, by regulation, establish the terms and

7-38  conditions of such a waiver, including, without limitation, the

7-39  circumstances that constitute undue hardship.

7-40      Sec. 13.  NRS 422.29355 is hereby amended to read as

7-41  follows:

7-42      422.29355  1.  The [Welfare Division] Department may, to

7-43  the extent not prohibited by federal law, petition for the imposition

7-44  of a lien pursuant to the provisions of NRS 108.850 against real or

7-45  personal property of a recipient of Medicaid as follows:

8-1  (a) The [Welfare Division] Department may obtain a lien

8-2  against a recipient’s property, both real or personal, before or after

8-3  his death in the amount of assistance paid or to be paid on his behalf

8-4  if the court determines that assistance was incorrectly paid for the

8-5  recipient.

8-6  (b) The [Welfare Division] Department may seek a lien against

8-7  the real property of a recipient at any age before his death in the

8-8  amount of assistance paid or to be paid for him if he is an inpatient

8-9  in a nursing facility, intermediate care facility for the mentally

8-10  retarded or other medical institution and the [Welfare Division]

8-11  Department determines, after notice and opportunity for a hearing

8-12  in accordance with its regulations, that he cannot reasonably be

8-13  expected to be discharged and return home.

8-14      2.  No lien may be placed on a recipient’s home pursuant to

8-15  paragraph (b) of subsection 1 for assistance correctly paid if:

8-16      (a) His spouse;

8-17      (b) His child who is under 21 years of age or blind or

8-18  permanently and totally disabled as determined in accordance with

8-19  42 U.S.C. § 1382c; or

8-20      (c) His brother or sister who is an owner or part owner of the

8-21  home and who was residing in the home for at least 1 year

8-22  immediately before the date the recipient was admitted to the

8-23  medical institution,

8-24  is lawfully residing in the home.

8-25      3.  Upon the death of a recipient the [Welfare Division]

8-26  Department may seek a lien upon his undivided estate as defined in

8-27  NRS 422.054.

8-28      4.  The [State Welfare Administrator] Director or his designee

8-29  shall release a lien pursuant to this section:

8-30      (a) Upon notice by the recipient or his representative to the

8-31  [Administrator] Director or his designee that the recipient has been

8-32  discharged from the medical institution and has returned home;

8-33      (b) If the lien was incorrectly determined; or

8-34      (c) Upon satisfaction of the claim of the [Welfare Division.]

8-35  Department.

8-36      Sec. 14.  NRS 422.2936 is hereby amended to read as follows:

8-37      422.2936  Each application for Medicaid must include:

8-38      1.  A statement that any assistance paid to a recipient may be

8-39  recovered in an action filed against the estate of the recipient or his

8-40  spouse; and

8-41      2.  A statement that any person who signs an application for

8-42  Medicaid and fails to report:

8-43      (a) Any required information to the [Welfare Division]

8-44  Department which he knew at the time he signed the application; or

9-1  (b) Within the period allowed by the [Welfare Division,]

9-2  Department, any required information to the [Welfare Division]

9-3  Department which he obtained after he filed the

9-4  application,

9-5  may be personally liable for any money incorrectly paid to the

9-6  recipient.

9-7  Sec. 15.  NRS 422.362 is hereby amended to read as follows:

9-8  422.362  “Cardholder” means the person named on the face of a

9-9  Medicaid card to whom or for whose benefit the Medicaid card is

9-10  issued by the [Welfare Division.] Department.

9-11      Sec. 16.  NRS 422.363 is hereby amended to read as follows:

9-12      422.363  “Medicaid card” means any instrument or device

9-13  evidencing eligibility for receipt of Medicaid benefits that is issued

9-14  by the [Welfare Division] Department for the use of a cardholder in

9-15  obtaining the types of medical and remedial care for which

9-16  assistance may be provided under the Plan.

9-17      Sec. 17.  NRS 422.366 is hereby amended to read as follows:

9-18      422.366  1.  A person who:

9-19      (a) Steals, takes or removes a Medicaid card from the person,

9-20  possession, custody or control of another without the cardholder’s

9-21  consent; or

9-22      (b) With knowledge that a Medicaid card has been so taken,

9-23  removed or stolen, receives the Medicaid card with the intent to

9-24  circulate, use or sell it or to transfer it to a person other than the

9-25  [Welfare Division] Department or the cardholder,

9-26  is guilty of a category D felony and shall be punished as provided in

9-27  NRS 193.130. In addition to any other penalty, the court shall order

9-28  the person to pay restitution.

9-29      2.  A person who possesses a Medicaid card without the

9-30  consent of the cardholder and with the intent to circulate, use, sell or

9-31  transfer the Medicaid card with the intent to defraud is guilty of a

9-32  category D felony and shall be punished as provided in NRS

9-33  193.130. In addition to any other penalty, the court shall order the

9-34  person to pay restitution.

9-35      3.  A person who has in his possession or under his control two

9-36  or more Medicaid cards issued in the name of another person is

9-37  presumed to have obtained and to possess the Medicaid cards with

9-38  the knowledge that they have been stolen and with the intent to

9-39  circulate, use, sell or transfer them with the intent to defraud. The

9-40  presumption established by this subsection may be rebutted by clear

9-41  and convincing evidence. The presumption does not apply to the

9-42  possession of two or more Medicaid cards if the possession is with

9-43  the consent of the [Welfare Division.] Department.

 

 

10-1      Sec. 18.  NRS 422.3722 is hereby amended to read as follows:

10-2      422.3722  1.  The Welfare Division shall [not provide benefits

10-3  to an applicant therefor until it makes] make an assessment of the

10-4  skills, prior work experience and employability of each member of

10-5  the applicant’s household.

10-6      2.  The assessment required pursuant to subsection 1 must

10-7  include [a determination] an evaluation of whether the members of

10-8  the household [require] need additional services, including, without

10-9  limitation, job training, child care, treatment for the abuse of alcohol

10-10  or drugs, mental health services or any other services . [deemed

10-11  necessary by the Welfare Division.]

10-12     3.  The applicant must, as a condition to the receipt of those

10-13  benefits, cooperate with the Welfare Division in making the

10-14  assessment required pursuant to subsection 1.

10-15     4.  If the assessment required pursuant to subsection 1 indicates

10-16  that a member of the household may require mental health services,

10-17  the Welfare Division shall refer that member of the household to a

10-18  person professionally qualified in the field of psychiatric mental

10-19  health.

10-20     5.  As used in this section, “person professionally qualified in

10-21  the field of psychiatric mental health” has the meaning ascribed to it

10-22  in NRS 433.209.

10-23     Sec. 19.  NRS 422.3724 is hereby amended to read as follows:

10-24     422.3724  1.  The Welfare Division shall, with the

10-25  participation of the head of a household who is applying for

10-26  benefits, establish a written plan for personal responsibility for the

10-27  household. The plan for personal responsibility must be based on the

10-28  assessment made pursuant to NRS 422.3722[.] and 42 U.S.C. §

10-29  608.

10-30     2.  In addition to the requirements set forth in 42 U.S.C. § 608,

10-31  the plan required pursuant to subsection 1 must:

10-32     (a) Identify the role of each member of the household and his

10-33  obligations pursuant to the plan;

10-34     (b) Be signed by the head of the household within 60 days after

10-35  he is determined to be eligible for benefits; and

10-36     (c) Specify a date, not later than 24 months after the date the

10-37  plan becomes effective, upon which the plan will expire.

10-38     3.  The Welfare Division shall periodically review the plan

10-39  required pursuant to subsection 1 [not less than once every 6

10-40  months] to determine whether the needs of the household have

10-41  changed. The Welfare Division may, with the participation of the

10-42  head of the household, amend the plan as it deems appropriate.

10-43     4.  If a member of the household is an unmarried parent who is

10-44  less than 18 years of age, the plan required pursuant to subsection 1

10-45  must include a provision which:

11-1      (a) Requires the head of the household to ensure that the

11-2  unmarried parent attends training to learn the skills necessary to care

11-3  for the child; and

11-4      (b) Encourages the head of the household to ensure that the

11-5  unmarried parent participates in a program which provides mentors

11-6  for unmarried parents who are less than 18 years of age.

11-7      Sec. 20.  NRS 422.3732 is hereby amended to read as follows:

11-8      422.3732  1.  Subject to the provisions of 42 U.S.C. § 607(e),

11-9  the Welfare Division shall require each head of a household who is

11-10  not suffering from a hardship described in subsection 7 of NRS

11-11  422.374 to perform work:

11-12     (a) Within a reasonable time after the Welfare Division

11-13  determines that the head of the household is capable of finding and

11-14  performing work; or

11-15     (b) Not later than the date on which the head of the household

11-16  has received benefits for 24 months, regardless of whether those

11-17  months are consecutive or cumulative,

11-18  whichever occurs earlier.

11-19     2.  A head of a household who does not comply with the

11-20  requirements of this section:

11-21     (a) Shall be deemed to have failed to comply with the terms of

11-22  the plan for personal responsibility signed by him pursuant to NRS

11-23  422.3724; and

11-24     (b) Is subject to the penalties prescribed [in] by the Welfare

11-25  Division pursuant to NRS 422.3736 for the failure to comply with

11-26  the terms of that plan.

11-27     3.  The State Welfare Administrator shall adopt regulations

11-28  setting forth the activities that will constitute work for the purposes

11-29  of this section.

11-30     Sec. 21.  NRS 422.3734 is hereby amended to read as follows:

11-31     422.3734  1.  [If] Except as otherwise provided in this

11-32  section, if the plan for personal responsibility signed by the head of

11-33  a household pursuant to NRS 422.3724 includes a requirement that

11-34  the head of the household complete a program of job training, the

11-35  Welfare Division may exempt the head of the household from that

11-36  requirement upon determining that:

11-37     (a) The head of the household:

11-38         (1) Is ill or physically incapacitated;

11-39         (2) Must care for an ill or incapacitated member of his

11-40  household;

11-41         (3) Is receiving payments or is awaiting approval for the

11-42  receipt of payments pursuant to the Supplemental Security Income

11-43  Program;

11-44         (4) Is a single custodial parent of a child who is less than 1

11-45  year of age;

12-1          (5) Is not a recipient of benefits but receives benefits on

12-2  behalf of a member of his household who is a dependent;

12-3          (6) Is a person who is:

12-4             (I) Sixty years of age or older;

12-5             (II) The caretaker of a child; and

12-6             (III) A relative, other than a parent, of that child; or

12-7          (7) Is pregnant and has been deemed unable to work by her

12-8  physician; or

12-9      (b) Any other good cause exists to exempt the head of the

12-10  household from the requirement to complete the program of job

12-11  training.

12-12     2.  A head of a household may not claim the exemption

12-13  prescribed in subparagraph (4) of paragraph (a) of subsection 1 for

12-14  more than 12 months during his lifetime, regardless of whether

12-15  those months are consecutive or cumulative.

12-16     3.  The Welfare Division shall not exempt a head of a

12-17  household pursuant to this section if the exemption would violate

12-18  a requirement of federal law or a condition to the receipt of

12-19  federal money.

12-20     Sec. 22.  NRS 422.3736 is hereby amended to read as follows:

12-21     422.3736  1.  Except as otherwise provided in this section:

12-22     (a) If the Welfare Division determines that the head of a

12-23  household has not complied with the terms of the plan for personal

12-24  responsibility signed by the head of the household pursuant to NRS

12-25  422.3724 or the agreement of cooperation signed by the head of the

12-26  household pursuant to NRS 422.3726, the Welfare Division shall

12-27  notify him that if his failure to comply does not cease within 30 days

12-28  after he is notified of the failure to comply, the benefits provided to

12-29  his household will be reduced pursuant to paragraph (b).

12-30     (b) The Welfare Division shall[:

12-31         (1) If the failure to comply has not ceased within the period

12-32  prescribed in paragraph (a), reduce for 1 month the total amount of

12-33  the benefits provided to the household by one-third or by an amount

12-34  equal to the total amount of the benefits provided to the household

12-35  divided by the number of members of the household, whichever is

12-36  greater;

12-37         (2) If the failure to comply has not ceased by the end of the

12-38  period of reduction required by subparagraph (1), reduce for 1

12-39  month the total amount of benefits provided to the household by

12-40  two-thirds or by an amount equal to the total amount of the benefits

12-41  provided to the household divided by the number of members of the

12-42  household, whichever is greater; and

12-43         (3) If the failure to comply has not ceased by the end of the

12-44  period of reduction required by subparagraph (2), discontinue

13-1  providing benefits to the household for 3 months or until the failure

13-2  to comply ceases, whichever occurs last.

13-3      (c) If the Welfare Division resumes providing benefits to a

13-4  household whose benefits were discontinued pursuant to

13-5  subparagraph (3) of paragraph (b), and the Welfare Division later

13-6  determines that the head of the household has again failed to comply

13-7  with the terms of the plan for personal responsibility or the

13-8  agreement of cooperation, the Welfare Division shall:

13-9          (1) Reduce for 1 month the total amount of the benefits

13-10  provided to the household by one-third or by an amount equal to the

13-11  total amount of the benefits provided to the household divided by

13-12  the number of members of the household, whichever is greater;

13-13         (2) If the failure to comply has not ceased by the end of the

13-14  period of reduction required by subparagraph (1), reduce for 1

13-15  month the total amount of benefits provided to the household by

13-16  two-thirds or by an amount equal to the total amount of the benefits

13-17  provided to the household divided by the number of members of the

13-18  household, whichever is greater; and

13-19         (3) If the failure to comply has not ceased by the end of the

13-20  period of reduction required by subparagraph (2), discontinue

13-21  providing benefits to the household for 6 months or until the failure

13-22  to comply ceases, whichever occurs last.

13-23     (d) If the Welfare Division resumes providing benefits to a

13-24  household whose benefits were discontinued pursuant to

13-25  subparagraph (3) of paragraph (c), and the Welfare Division later

13-26  determines that the head of the household has again failed to comply

13-27  with the terms of the plan for personal responsibility or the

13-28  agreement of cooperation, the Welfare Division shall:

13-29         (1) Reduce for 1 month the total amount of the benefits

13-30  provided to the household by one-half; and

13-31         (2) If the failure to comply has not ceased by the end of the

13-32  period of reduction required by subparagraph (1), permanently

13-33  terminate the household’s benefits.] adopt regulations establishing

13-34  a schedule of progressive penalties pursuant to which the benefits

13-35  to the household will be reduced because of the failure of the head

13-36  of the household to comply with the terms of the plan.

13-37     2.  The Welfare Division shall not reduce, discontinue or

13-38  terminate any benefits pursuant to this section if the reduction,

13-39  discontinuance or termination would violate a requirement of

13-40  federal law or a condition to the receipt of federal money.

13-41     Sec. 23.  NRS 422.392 is hereby amended to read as follows:

13-42     422.392  1.  The Department, through a division of the

13-43  Department designated by the Director, [shall] may establish and

13-44  administer a program to provide supportive assistance to qualifying

14-1  relatives of children who provide care for and obtain the legal

14-2  guardianship of those children.

14-3      2.  As a condition to the provision of any supportive assistance

14-4  pursuant to this section:

14-5      (a) The child must:

14-6          (1) Have been placed in the care of his qualifying relative for

14-7  not less than 6 months; and

14-8          (2) If he is 14 years of age or older, consent to the legal

14-9  guardianship; and

14-10     (b) The qualifying relative must:

14-11         (1) Reside in this state;

14-12         (2) Have attained such a minimum age as the Department

14-13  specifies by regulation;

14-14         (3) Verify his relationship to the child; and

14-15         (4) File for and obtain court approval of the legal

14-16  guardianship and comply with any requirements imposed by the

14-17  court . [; and

14-18     (c) The Department must determine that the personal and

14-19  criminal history of the qualifying relative is satisfactory.]

14-20     3.  The supportive assistance provided pursuant to this section

14-21  [must] may include, within the limitations of available funding:

14-22     (a) Reimbursement of all or a portion of the legal fees incurred

14-23  by the qualifying relative to establish the legal guardianship;

14-24     (b) Payments of not more than the amount that the Department

14-25  would provide to a foster parent if the child had been placed in

14-26  foster care;

14-27     (c) Assistance with:

14-28         (1) Child care;

14-29         (2) Respite care; and

14-30         (3) Transportation; and

14-31     (d) Any other assistance the Department deems appropriate.

14-32     4.  The Department shall adopt such regulations as are

14-33  necessary to carry out the provisions of this section.

14-34     5.  As used in this section, unless the context otherwise

14-35  requires, “qualifying relative” means a person specified in 45

14-36  C.F.R. § 233.90(c)(1)(v)(A).

14-37     Sec. 24.  NRS 108.860 is hereby amended to read as follows:

14-38     108.860  1.  A petition for the imposition of a lien must be

14-39  signed by or on behalf of the [State Welfare Administrator] Director

14-40  of the Department of Human Resources, or his designee, or the

14-41  Attorney General and filed with the clerk of the court, who shall set

14-42  the petition for hearing.

14-43     2.  Notice of a petition for the imposition of a lien must be

14-44  given by registered or certified mail, postage prepaid, at least 10

14-45  days before the date set for hearing or other action by the court.

15-1  Each such notice must be addressed to the intended recipient at his

15-2  last address known to the [Administrator,] Director or his designee,

15-3  receipt for delivery requested. The [Administrator] Director or his

15-4  designee shall cause the notice to be published, at least once a week

15-5  for 3 successive weeks, in one newspaper published in the county,

15-6  and if there is no newspaper published in the county, then in such

15-7  mode as the court may determine, notifying all persons claiming any

15-8  interest in the property of the filing of the petition, the object and the

15-9  location, date and time of the hearing.

15-10     3.  Notice of a petition for the imposition of a lien must be

15-11  given to:

15-12     (a) Each person who has requested notice;

15-13     (b) The person who is receiving or has received benefits for

15-14  Medicaid;

15-15     (c) The legal guardian or representative of a person who is

15-16  receiving or has received benefits for Medicaid, if any;

15-17     (d) Each executor, administrator or trustee of the estate of a

15-18  decedent who received benefits for Medicaid, if any;

15-19     (e) The heirs of such a decedent known to the [Administrator;]

15-20  Director or his designee; and

15-21     (f) Each person who is claiming any interest in the property or

15-22  who is listed as having any interest in the subject property,

15-23  and must state the filing of the petition, the object, and the time set

15-24  for hearing.

15-25     4.  At the time appointed, or at any other time to which the

15-26  hearing may be continued, upon proof being made by affidavit or

15-27  otherwise to the satisfaction of the court that notice has been given

15-28  as required by this chapter, the court shall proceed to hear the

15-29  testimony in support of the petition. Each witness who appears and

15-30  is sworn shall testify orally.

15-31     5.  The court shall make findings as to the appropriateness of

15-32  the lien and the amount of the lien.

15-33     6.  At the time of the filing of the petition for imposition of a

15-34  lien the [Administrator] Director or his designee shall file a notice

15-35  of pendency of the action in the manner provided in NRS 14.010.

15-36     7.  Upon imposition of the lien by the court, the [Administrator]

15-37  Director or his designee shall serve the notice of lien upon the

15-38  owner by certified or registered mail and file it with the office of

15-39  the county recorder of each county where real property subject to

15-40  the lien is located.

15-41     8.  The notice of lien must contain:

15-42     (a) The amount due;

15-43     (b) The name of the owner of record of the property; and

15-44     (c) A description of the property sufficient for identification.

16-1      9.  If the amount due as stated in the notice of lien is reduced by

16-2  a payment, the [Administrator] Director or his designee shall

16-3  amend the notice of lien, stating the amount then due, within 20

16-4  days after receiving the payment.

16-5      Sec. 25.  NRS 108.870 is hereby amended to read as follows:

16-6      108.870  The [State Welfare Administrator] Director of the

16-7  Department of Human Resources or his designee may, to the

16-8  extent not prohibited by 42 U.S.C. § 1396p(b), foreclose upon a lien

16-9  for money owed to the Department of Human Resources as a result

16-10  of the payment of benefits for Medicaid by action in the district

16-11  court in the same manner as for foreclosure of any other lien.

16-12     Sec. 26.  NRS 146.070 is hereby amended to read as follows:

16-13     146.070  1.  If a person dies leaving an estate the gross value

16-14  of which, after deducting any encumbrances, does not exceed

16-15  $50,000, and there is a surviving spouse or minor child or minor

16-16  children of the decedent, the estate must not be administered upon,

16-17  but the whole estate, after directing such payments as may be

16-18  deemed just, must be, by an order for that purpose, assigned and set

16-19  apart for the support of the surviving spouse or minor child or minor

16-20  children, or for the support of the minor child or minor children, if

16-21  there is no surviving spouse. Even if there is a surviving spouse, the

16-22  court may, after directing such payments, set aside the whole of the

16-23  estate to the minor child or minor children, if it is in their best

16-24  interests.

16-25     2.  If there is no surviving spouse or minor child of the decedent

16-26  and the gross value of a decedent’s estate, after deducting any

16-27  encumbrances, does not exceed $50,000, upon good cause shown,

16-28  the court shall order that the estate not be administered upon, but the

16-29  whole estate be assigned and set apart in the following order:

16-30     (a) To the payment of funeral expenses, expenses of last illness,

16-31  money owed to the Department of Human Resources as a result of

16-32  payment of benefits for Medicaid and creditors, if there are any; and

16-33     (b) Any balance remaining to the claimant or claimants entitled

16-34  thereto pursuant to a valid will of the decedent, and if there is no

16-35  valid will, pursuant to intestate succession.

16-36     3.  Proceedings taken under this section, whether or not the

16-37  decedent left a valid will, must not begin until at least 30 days after

16-38  the death of the decedent and must be originated by a petition

16-39  containing:

16-40     (a) A specific description of all the decedent’s property.

16-41     (b) A list of all the liens and mortgages of record at the date of

16-42  the decedent’s death.

16-43     (c) An estimate of the value of the property.

16-44     (d) A statement of the debts of the decedent so far as known to

16-45  the petitioner.

17-1      (e) The names and residences of the heirs and devisees of the

17-2  decedent and the age of any who is a minor and the relationship of

17-3  the heirs and devisees to the decedent, so far as known to the

17-4  petitioner.

17-5      4.  The clerk shall set the petition for hearing and the petitioner

17-6  shall give notice of the petition and hearing in the manner provided

17-7  in NRS 155.010 to the decedent’s heirs and devisees and to the

17-8  [State Welfare Administrator.] Director of the Department of

17-9  Human Resources. If a complete copy of the petition is not

17-10  enclosed with the notice, the notice must include a statement setting

17-11  forth to whom the estate is being set aside.

17-12     5.  No court or clerk’s fees may be charged for the filing of any

17-13  petition in, or order of court thereon, or for any certified copy of the

17-14  petition or order in an estate not exceeding $2,500 in value.

17-15     6.  If the court finds that the gross value of the estate, less

17-16  encumbrances, does not exceed the sum of $50,000, the court may

17-17  direct that the estate be distributed to the father or mother of a minor

17-18  heir or devisee, with or without the filing of any bond, or to a

17-19  custodian under chapter 167 of NRS, or may require that a general

17-20  guardian be appointed and that the estate be distributed to the

17-21  guardian, with or without bond, as in the discretion of the court is

17-22  deemed to be in the best interests of the minor. The court may direct

17-23  the manner in which the money may be used for the benefit of the

17-24  minor.

17-25     Sec. 27.  NRS 146.080 is hereby amended to read as follows:

17-26     146.080  1.  If a decedent leaves no real property, nor interest

17-27  therein, nor mortgage or lien thereon, in this state, and the gross

17-28  value of the decedent’s property in this state, over and above any

17-29  amounts due to the decedent for services in the Armed Forces of the

17-30  United States, does not exceed $20,000, a person who has a right to

17-31  succeed to the property of the decedent pursuant to the laws of

17-32  succession for a decedent who died intestate or pursuant to the valid

17-33  will of a decedent who died testate, on behalf of all persons entitled

17-34  to succeed to the property claimed, or the [State Welfare

17-35  Administrator] Director of the Department of Human Resources or

17-36  public administrator on behalf of the State or others entitled to the

17-37  property, may, 40 days after the death of the decedent, without

17-38  procuring letters of administration or awaiting the probate of the

17-39  will, collect any money due the decedent, receive the property of the

17-40  decedent, and have any evidences of interest, indebtedness or right

17-41  transferred to the claimant upon furnishing the person,

17-42  representative, corporation, officer or body owing the money,

17-43  having custody of the property or acting as registrar or transfer agent

17-44  of the evidences of interest, indebtedness or right, with an affidavit

18-1  showing the right of the affiant or affiants to receive the money or

18-2  property or to have the evidence transferred.

18-3      2.  An affidavit made pursuant to this section must state:

18-4      (a) The affiant’s name and address, and that the affiant is

18-5  entitled by law to succeed to the property claimed;

18-6      (b) The date and place of death of the decedent;

18-7      (c) That the gross value of the decedent’s property in this state,

18-8  except amounts due to the decedent for services in the Armed

18-9  Forces of the United States, does not exceed $20,000, and that the

18-10  property does not include any real property nor interest therein, nor

18-11  mortgage or lien thereon;

18-12     (d) That at least 40 days have elapsed since the death of the

18-13  decedent, as shown in a certified copy of the certificate of death of

18-14  the decedent attached to the affidavit;

18-15     (e) That no petition for the appointment of a personal

18-16  representative is pending or has been granted in any jurisdiction;

18-17     (f) That all debts of the decedent, including funeral and burial

18-18  expenses, and money owed to the Department of Human Resources

18-19  as a result of the payment of benefits for Medicaid, have been paid

18-20  or provided for;

18-21     (g) A description of the personal property and the portion

18-22  claimed;

18-23     (h) That the affiant has given written notice, by personal service

18-24  or by certified mail, identifying the affiant’s claim and describing

18-25  the property claimed, to every person whose right to succeed to the

18-26  decedent’s property is equal or superior to that of the affiant, and

18-27  that at least 14 days have elapsed since the notice was served or

18-28  mailed;

18-29     (i) That the affiant is personally entitled, or the Department of

18-30  Human Resources is entitled, to full payment or delivery of the

18-31  property claimed or is entitled to payment or delivery on behalf of

18-32  and with the written authority of all other successors who have an

18-33  interest in the property; and

18-34     (j) That the affiant acknowledges an understanding that filing a

18-35  false affidavit constitutes a felony in this state.

18-36     3.  If the affiant:

18-37     (a) Submits an affidavit which does not meet the requirements

18-38  of subsection 2 or which contains statements which are not entirely

18-39  true, any money or property the affiant receives is subject to all

18-40  debts of the decedent.

18-41     (b) Fails to give notice to other successors as required by

18-42  subsection 2, any money or property the affiant receives is held by

18-43  the affiant in trust for all other successors who have an interest in

18-44  the property.

19-1      4.  A person who receives an affidavit containing the

19-2  information required by subsection 2 is entitled to rely upon that

19-3  information, and if the person relies in good faith, the person is

19-4  immune from civil liability for actions based on that reliance.

19-5      5.  Upon receiving proof of the death of the decedent and an

19-6  affidavit containing the information required by this section:

19-7      (a) A transfer agent of any security shall change the registered

19-8  ownership of the security claimed from the decedent to the person

19-9  claiming to succeed to ownership of that security.

19-10     (b) A governmental agency required to issue certificates of

19-11  ownership or registration to personal property shall issue a new

19-12  certificate of ownership or registration to the person claiming to

19-13  succeed to ownership of the property.

19-14     6.  If any property of the estate not exceeding $20,000 is

19-15  located in a state which requires an order of a court for the transfer

19-16  of the property, or if the estate consists of stocks or bonds which

19-17  must be transferred by an agent outside this state, any person

19-18  qualified pursuant to the provisions of subsection 1 to have the

19-19  stocks or bonds or other property transferred may do so by obtaining

19-20  a court order directing the transfer. The person desiring the transfer

19-21  must file a petition, which may be ex parte, containing:

19-22     (a) A specific description of all the property of the decedent.

19-23     (b) A list of all the liens and mortgages of record at the date of

19-24  the decedent’s death.

19-25     (c) An estimate of the value of the property of the decedent.

19-26     (d) The names, ages of any minors, and residences of the

19-27  decedent’s heirs and devisees.

19-28     (e) A request for the court to issue an order directing the transfer

19-29  of the stocks or bonds or other property if the court finds the gross

19-30  value of the estate does not exceed $20,000.

19-31     (f) An attached copy of the executed affidavit made pursuant to

19-32  subsection 2.

19-33  If the court finds that the gross value of the estate does not exceed

19-34  $20,000 and the person requesting the transfer is entitled to it, the

19-35  court may enter an order directing the transfer.

19-36     Sec. 28.  NRS 147.070 is hereby amended to read as follows:

19-37     147.070  1.  A claim for an amount of $250 or more filed with

19-38  the clerk must be supported by the affidavit of the claimant that:

19-39     (a) The amount is justly due (or if the claim is not yet due, that

19-40  the amount is a just demand and will be due on the ..... day of ........).

19-41     (b) No payments have been made thereon which are not

19-42  credited.

19-43     (c) There are no offsets to the amount demanded to the

19-44  knowledge of the claimant or other affiant.

20-1      2.  Every claim filed with the clerk must contain the mailing

20-2  address of the claimant. Any written notice mailed by a personal

20-3  representative to the claimant at the address furnished is proper

20-4  notice.

20-5      3.  When the affidavit is made by any other person than the

20-6  claimant, the reasons why it is not made by the claimant must be set

20-7  forth in the affidavit.

20-8      4.  The oath may be taken before any person authorized to

20-9  administer oaths.

20-10     5.  The amount of interest must be computed and included in

20-11  the statement of the claim and the rate of interest determined.

20-12     6.  Except as otherwise provided in subsection 7, the court may,

20-13  for good cause shown, allow a defective claim or affidavit to be

20-14  corrected or amended on application made at any time before the

20-15  filing of the final account, but an amendment may not be made to

20-16  increase the amount of a claim after the time for filing a claim has

20-17  expired.

20-18     7.  The court shall allow the [Welfare Division of the]

20-19  Department of Human Resources to amend at any time before the

20-20  filing of the final account a claim for the payment of benefits for

20-21  Medicaid that the [Division] Department identifies after the original

20-22  claim has been filed.

20-23     Sec. 29.  NRS 228.410 is hereby amended to read as follows:

20-24     228.410  1.  The Attorney General has primary jurisdiction to

20-25  investigate and prosecute violations of NRS 422.540 to 422.570,

20-26  inclusive, and any fraud in the administration of the Plan or in the

20-27  provision of medical assistance pursuant to the Plan. The provisions

20-28  of this section notwithstanding, the [Welfare Division] Department

20-29  of Human Resources and the Division of Health Care Financing

20-30  and Policy of the Department of Human Resources shall enforce the

20-31  Plan and any regulations adopted pursuant thereto.

20-32     2.  For this purpose, the Attorney General shall establish within

20-33  his office the Medicaid Fraud Control Unit. The Unit must consist

20-34  of a group of qualified persons, including, without limitation, an

20-35  attorney, an auditor and an investigator who, to the extent

20-36  practicable, have expertise in nursing, medicine and the

20-37  administration of medical facilities.

20-38     3.  The Attorney General, acting through the Medicaid Fraud

20-39  Control Unit:

20-40     (a) Is the single state agency responsible for the investigation

20-41  and prosecution of violations of NRS 422.540 to 422.570, inclusive;

20-42     (b) Shall review reports of abuse or criminal neglect of patients

20-43  in medical facilities which receive payments under the Plan and,

20-44  when appropriate, investigate and prosecute the persons responsible;

21-1      (c) May review and investigate reports of misappropriation of

21-2  money from the personal resources of patients in medical facilities

21-3  that receive payments under the Plan and, when appropriate, shall

21-4  prosecute the persons responsible;

21-5      (d) Shall cooperate with federal investigators and prosecutors in

21-6  coordinating state and federal investigations and prosecutions

21-7  involving fraud in the provision or administration of medical

21-8  assistance pursuant to the Plan, and provide those federal officers

21-9  with any information in his possession regarding such an

21-10  investigation or prosecution; and

21-11     (e) Shall protect the privacy of patients and establish procedures

21-12  to prevent the misuse of information obtained in carrying out the

21-13  provisions of this section.

21-14     4.  When acting pursuant to NRS 228.175 or this section, the

21-15  Attorney General may commence his investigation and file a

21-16  criminal action without leave of court, and he has exclusive charge

21-17  of the conduct of the prosecution.

21-18     5.  As used in this section:

21-19     (a) “Medical facility” has the meaning ascribed to it in

21-20  NRS 449.0151.

21-21     (b) “Plan” means the State Plan for Medicaid established

21-22  pursuant to NRS 422.271.

21-23     Sec. 30.  NRS 422.391 and 422.393 are hereby repealed.

21-24     Sec. 31.  A Medicaid card issued by the Welfare Division of

21-25  the Department of Human Resources before October 1, 2003, shall

21-26  be deemed to have been issued by the Department of Human

21-27  Resources.

21-28     Sec. 32.  1.  Any regulations adopted by the Welfare Division

21-29  of the Department of Human Resources and the State Welfare

21-30  Administrator relating to the administration of the State Plan of

21-31  Medicaid which are transferred to the Department of Human

21-32  Resources and the Director of the Department of Human Resources

21-33  pursuant to the provisions of this act remain in force until amended

21-34  by the Department or the Director, as appropriate. Such regulations

21-35  may be enforced by the Department of Human Resources or the

21-36  Director, as appropriate.

21-37     2.  Any contracts or other agreements entered into by the

21-38  Welfare Division of the Department of Human Resources or the

21-39  State Welfare Administrator relating to the State Plan for Medicaid,

21-40  the responsibility for which is transferred to the Department of

21-41  Human Resources and the Director of the Department of Human

21-42  Resources pursuant to the provisions of this act, are binding upon

21-43  the Department and the Director, as appropriate. Such contracts or

21-44  other agreements may be enforced by the Department or the

21-45  Director, as appropriate.

22-1      Sec. 33.  This act becomes effective upon passage and approval

22-2  for the purpose of adopting regulations and on October 1, 2003, for

22-3  all other purposes.

 

22-4  TEXT OF REPEALED SECTIONS

 

22-5      422.391  “Qualifying relative” defined. As used in this

22-6   section and NRS 422.392 and 422.393, unless the context otherwise

22-7   requires, “qualifying relative” means a person specified in 45

22-8   C.F.R. § 233.90(c)(1)(v)(A).

22-9      422.393  Applicant to supply fingerprints; exchange of

22-10   information; report from Federal Bureau of Investigation.

22-11     1.  An applicant for the receipt of supportive assistance

22-12   provided pursuant to NRS 422.392 shall submit to the Department a

22-13   complete set of his fingerprints and written permission authorizing

22-14   the Department to forward those fingerprints to the Central

22-15   Repository for Nevada Records of Criminal History for submission

22-16   to the Federal Bureau of Investigation for its report to enable the

22-17   Department to determine whether the criminal history of the

22-18   applicant is satisfactory.

22-19     2.  The Department may exchange with the Central Repository

22-20   or the Federal Bureau of Investigation any information respecting

22-21   the fingerprints submitted.

22-22     3.  When a report from the Federal Bureau of Investigation is

22-23   received by the Central Repository, it shall immediately forward a

22-24   copy of the report to the Department.

 

22-25  H