exempt

                                                 (Reprinted with amendments adopted on April 14, 2003)

 

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, inclusive,

3-1  and 422.310 to 422.3754, inclusive, and any program of the Welfare

3-2  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,inclusive, and 422.310 to 422.3754, inclusive.

3-28      9.  Exercise any other powers that are necessary and proper for

3-29  the standardization of state work, to expedite business, to ensure fair

3-30  consideration of applications for aid, and to promote the efficiency

3-31  of the service provided by the Welfare Division.

3-32      Sec. 5.  NRS 422.2345 is hereby amended to read as follows:

3-33      422.2345  1.  The [State Welfare Administrator] Director or

3-34  his designated representative shall:

3-35      (a) Promptly comply with a request from the Unit for access to

3-36  and free copies of any records or other information in the possession

3-37  of the [Welfare Division] Department regarding a provider; and

3-38      (b) Refer to the Unit all cases in which he suspects that a

3-39  provider has committed an offense pursuant to NRS 422.540 to

3-40  422.570, inclusive.

3-41      2.  As used in this section:

3-42      (a) “Provider” means a person who has applied to participate or

3-43  who participates in the State Plan for Medicaid as the provider of

3-44  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, inclusive,

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

4-30  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.

 

 

5-1  Sec. 9.  (Deleted by amendment.)

5-2  Sec. 10.  NRS 422.2932 is hereby amended to read as follows:

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

5-4  a condition to the receipt of public assistance, a recipient must:

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

5-6  receiving assistance has received the standard immunizations

5-7  established for children by the regulations adopted pursuant to

5-8  NRS 439.550.

5-9  (b) Within 6 months after the determination of his eligibility for

5-10  public assistance, submit to the Welfare Division, in the manner

5-11  specified in NRS 432A.230 and 432A.260 for admission to a child

5-12  care facility, proof that each dependent child for whom the recipient

5-13  is receiving assistance has received those standard immunizations.

5-14      2.  The Welfare Division shall advise each recipient of the

5-15  availability of those standard immunizations through clinics for the

5-16  immunization of children held pursuant to NRS 439.535.

5-17      3.  The Welfare Division shall waive the requirements of

5-18  subsection 1 if the failure to immunize a dependent child is because

5-19  of a religious belief or medical condition and the recipient submits

5-20  to the Welfare Division a written statement of that fact in the

5-21  manner specified in NRS 432A.240 or 432A.250 for admission to a

5-22  child care facility.

5-23      4.  A head of a household that is receiving benefits pursuant to

5-24  the program to provide Temporary Assistance for Needy Families

5-25  who does not comply with the requirements of this section:

5-26      (a) Shall be deemed to have failed to comply with the terms of

5-27  the plan for personal responsibility signed by the head of the

5-28  household pursuant to NRS 422.3724; and

5-29      (b) Is subject to the penalties prescribed [in] by the Welfare

5-30  Division pursuant to NRS 422.3736 for failing to comply with the

5-31  terms of that plan.

5-32      Secs. 11-14.  (Deleted by amendment.)

5-33      Sec. 15.  NRS 422.362 is hereby amended to read as follows:

5-34      422.362  “Cardholder” means the person named on the face of a

5-35  Medicaid card to whom or for whose benefit the Medicaid card is

5-36  issued by the [Welfare Division.] Department.

5-37      Sec. 16.  NRS 422.363 is hereby amended to read as follows:

5-38      422.363  “Medicaid card” means any instrument or device

5-39  evidencing eligibility for receipt of Medicaid benefits that is issued

5-40  by the [Welfare Division] Department for the use of a cardholder in

5-41  obtaining the types of medical and remedial care for which

5-42  assistance may be provided under the Plan.

5-43      Sec. 17.  NRS 422.366 is hereby amended to read as follows:

5-44      422.366  1.  A person who:

6-1  (a) Steals, takes or removes a Medicaid card from the person,

6-2  possession, custody or control of another without the cardholder’s

6-3  consent; or

6-4  (b) With knowledge that a Medicaid card has been so taken,

6-5  removed or stolen, receives the Medicaid card with the intent to

6-6  circulate, use or sell it or to transfer it to a person other than the

6-7  [Welfare Division] Department or the cardholder,

6-8  is guilty of a category D felony and shall be punished as provided in

6-9  NRS 193.130. In addition to any other penalty, the court shall order

6-10  the person to pay restitution.

6-11      2.  A person who possesses a Medicaid card without the

6-12  consent of the cardholder and with the intent to circulate, use, sell or

6-13  transfer the Medicaid card with the intent to defraud is guilty of a

6-14  category D felony and shall be punished as provided in NRS

6-15  193.130. In addition to any other penalty, the court shall order the

6-16  person to pay restitution.

6-17      3.  A person who has in his possession or under his control two

6-18  or more Medicaid cards issued in the name of another person is

6-19  presumed to have obtained and to possess the Medicaid cards with

6-20  the knowledge that they have been stolen and with the intent to

6-21  circulate, use, sell or transfer them with the intent to defraud. The

6-22  presumption established by this subsection may be rebutted by clear

6-23  and convincing evidence. The presumption does not apply to the

6-24  possession of two or more Medicaid cards if the possession is with

6-25  the consent of the [Welfare Division.] Department.

6-26      Sec. 18.  NRS 422.3722 is hereby amended to read as follows:

6-27      422.3722  1.  The Welfare Division shall [not provide benefits

6-28  to an applicant therefor until it makes] make an assessment of the

6-29  skills, prior work experience and employability of each member of

6-30  the applicant’s household.

6-31      2.  The assessment required pursuant to subsection 1 must

6-32  include [a determination] an evaluation of whether the members of

6-33  the household [require] need additional services, including, without

6-34  limitation, job training, child care, treatment for the abuse of alcohol

6-35  or drugs, mental health services or any other services . [deemed

6-36  necessary by the Welfare Division.]

6-37      3.  The applicant must, as a condition to the receipt of those

6-38  benefits, cooperate with the Welfare Division in making the

6-39  assessment required pursuant to subsection 1.

6-40      4.  If the assessment required pursuant to subsection 1 indicates

6-41  that a member of the household may require mental health services,

6-42  the Welfare Division shall refer that member of the household to a

6-43  person professionally qualified in the field of psychiatric mental

6-44  health.

7-1  5.  As used in this section, “person professionally qualified in

7-2  the field of psychiatric mental health” has the meaning ascribed to it

7-3  in NRS 433.209.

7-4  Sec. 19.  NRS 422.3724 is hereby amended to read as follows:

7-5  422.3724  1.  The Welfare Division shall, with the

7-6  participation of the head of a household who is applying for

7-7  benefits, establish a written plan for personal responsibility for the

7-8  household. The plan for personal responsibility must be based on the

7-9  assessment made pursuant to NRS 422.3722[.] and 42 U.S.C. §

7-10  608.

7-11      2.  In addition to the requirements set forth in 42 U.S.C. § 608,

7-12  the plan required pursuant to subsection 1 must:

7-13      (a) Identify the role of each member of the household and his

7-14  obligations pursuant to the plan;

7-15      (b) Be signed by the head of the household within 60 days after

7-16  he is determined to be eligible for benefits; and

7-17      (c) Specify a date, not later than 24 months after the date the

7-18  plan becomes effective, upon which the plan will expire.

7-19      3.  The Welfare Division shall periodically review the plan

7-20  required pursuant to subsection 1 [not less than once every 6

7-21  months] to determine whether the needs of the household have

7-22  changed. The Welfare Division may, with the participation of the

7-23  head of the household, amend the plan as it deems appropriate.

7-24      4.  If a member of the household is an unmarried parent who is

7-25  less than 18 years of age, the plan required pursuant to subsection 1

7-26  must include a provision which:

7-27      (a) Requires the head of the household to ensure that the

7-28  unmarried parent attends training to learn the skills necessary to care

7-29  for the child; and

7-30      (b) Encourages the head of the household to ensure that the

7-31  unmarried parent participates in a program which provides mentors

7-32  for unmarried parents who are less than 18 years of age.

7-33      Sec. 20.  NRS 422.3732 is hereby amended to read as follows:

7-34      422.3732  1.  Subject to the provisions of 42 U.S.C. § 607(e),

7-35  the Welfare Division shall require each head of a household who is

7-36  not suffering from a hardship described in subsection 7 of NRS

7-37  422.374 to perform work:

7-38      (a) Within a reasonable time after the Welfare Division

7-39  determines that the head of the household is capable of finding and

7-40  performing work; or

7-41      (b) Not later than the date on which the head of the household

7-42  has received benefits for 24 months, regardless of whether those

7-43  months are consecutive or cumulative,

7-44  whichever occurs earlier.

8-1  2.  A head of a household who does not comply with the

8-2  requirements of this section:

8-3  (a) Shall be deemed to have failed to comply with the terms of

8-4  the plan for personal responsibility signed by him pursuant to NRS

8-5  422.3724; and

8-6  (b) Is subject to the penalties prescribed [in] by the Welfare

8-7  Division pursuant to NRS 422.3736 for the failure to comply with

8-8  the terms of that plan.

8-9  3.  The State Welfare Administrator shall adopt regulations

8-10  setting forth the activities that will constitute work for the purposes

8-11  of this section.

8-12      Sec. 21.  NRS 422.3734 is hereby amended to read as follows:

8-13      422.3734  1.  [If] Except as otherwise provided in this

8-14  section, if the plan for personal responsibility signed by the head of

8-15  a household pursuant to NRS 422.3724 includes a requirement that

8-16  the head of the household complete a program of job training, the

8-17  Welfare Division may exempt the head of the household from that

8-18  requirement upon determining that:

8-19      (a) The head of the household:

8-20          (1) Is ill or physically incapacitated;

8-21          (2) Must care for an ill or incapacitated member of his

8-22  household;

8-23          (3) Is receiving payments or is awaiting approval for the

8-24  receipt of payments pursuant to the Supplemental Security Income

8-25  Program;

8-26          (4) Is a single custodial parent of a child who is less than 1

8-27  year of age;

8-28          (5) Is not a recipient of benefits but receives benefits on

8-29  behalf of a member of his household who is a dependent;

8-30          (6) Is a person who is:

8-31             (I) Sixty years of age or older;

8-32             (II) The caretaker of a child; and

8-33             (III) A relative, other than a parent, of that child; or

8-34          (7) Is pregnant and has been deemed unable to work by her

8-35  physician; or

8-36      (b) Any other good cause exists to exempt the head of the

8-37  household from the requirement to complete the program of job

8-38  training.

8-39      2.  A head of a household may not claim the exemption

8-40  prescribed in subparagraph (4) of paragraph (a) of subsection 1 for

8-41  more than 12 months during his lifetime, regardless of whether

8-42  those months are consecutive or cumulative.

8-43      3.  The Welfare Division shall not exempt a head of a

8-44  household pursuant to this section if the exemption would violate

9-1  a requirement of federal law or a condition to the receipt of

9-2  federal money.

9-3  Sec. 22.  NRS 422.3736 is hereby amended to read as follows:

9-4  422.3736  1.  Except as otherwise provided in this section:

9-5  (a) If the Welfare Division determines that the head of a

9-6  household has not complied with the terms of the plan for personal

9-7  responsibility signed by the head of the household pursuant to NRS

9-8  422.3724 or the agreement of cooperation signed by the head of the

9-9  household pursuant to NRS 422.3726, the Welfare Division shall

9-10  notify him that if his failure to comply does not cease within 30 days

9-11  after he is notified of the failure to comply, the benefits provided to

9-12  his household will be reduced pursuant to paragraph (b).

9-13      (b) The Welfare Division shall[:

9-14          (1) If the failure to comply has not ceased within the period

9-15  prescribed in paragraph (a), reduce for 1 month the total amount of

9-16  the benefits provided to the household by one-third or by an amount

9-17  equal to the total amount of the benefits provided to the household

9-18  divided by the number of members of the household, whichever is

9-19  greater;

9-20          (2) If the failure to comply has not ceased by the end of the

9-21  period of reduction required by subparagraph (1), reduce for 1

9-22  month the total amount of benefits provided to the household by

9-23  two-thirds or by an amount equal to the total amount of the benefits

9-24  provided to the household divided by the number of members of the

9-25  household, whichever is greater; and

9-26          (3) If the failure to comply has not ceased by the end of the

9-27  period of reduction required by subparagraph (2), discontinue

9-28  providing benefits to the household for 3 months or until the failure

9-29  to comply ceases, whichever occurs last.

9-30      (c) If the Welfare Division resumes providing benefits to a

9-31  household whose benefits were discontinued pursuant to

9-32  subparagraph (3) of paragraph (b), and the Welfare Division later

9-33  determines that the head of the household has again failed to comply

9-34  with the terms of the plan for personal responsibility or the

9-35  agreement of cooperation, the Welfare Division shall:

9-36          (1) Reduce for 1 month the total amount of the benefits

9-37  provided to the household by one-third or by an amount equal to the

9-38  total amount of the benefits provided to the household divided by

9-39  the number of members of the household, whichever is greater;

9-40          (2) If the failure to comply has not ceased by the end of the

9-41  period of reduction required by subparagraph (1), reduce for 1

9-42  month the total amount of benefits provided to the household by

9-43  two-thirds or by an amount equal to the total amount of the benefits

9-44  provided to the household divided by the number of members of the

9-45  household, whichever is greater; and

10-1          (3) If the failure to comply has not ceased by the end of the

10-2  period of reduction required by subparagraph (2), discontinue

10-3  providing benefits to the household for 6 months or until the failure

10-4  to comply ceases, whichever occurs last.

10-5      (d) If the Welfare Division resumes providing benefits to a

10-6  household whose benefits were discontinued pursuant to

10-7  subparagraph (3) of paragraph (c), and the Welfare Division later

10-8  determines that the head of the household has again failed to comply

10-9  with the terms of the plan for personal responsibility or the

10-10  agreement of cooperation, the Welfare Division shall:

10-11         (1) Reduce for 1 month the total amount of the benefits

10-12  provided to the household by one-half; and

10-13         (2) If the failure to comply has not ceased by the end of the

10-14  period of reduction required by subparagraph (1), permanently

10-15  terminate the household’s benefits.] adopt regulations establishing

10-16  a schedule of progressive penalties pursuant to which the benefits

10-17  to the household will be reduced or terminated because of the

10-18  failure of the head of the household to comply with the terms of

10-19  the plan.

10-20     2.  The Welfare Division shall not reduce, discontinue or

10-21  terminate any benefits pursuant to this section if the reduction,

10-22  discontinuance or termination would violate a requirement of

10-23  federal law or a condition to the receipt of federal money.

10-24     Sec. 23.  NRS 422.392 is hereby amended to read as follows:

10-25     422.392  1.  The Department, through a division of the

10-26  Department designated by the Director, shall establish and

10-27  administer a program to provide supportive assistance to qualifying

10-28  relatives of children who provide care for and obtain the legal

10-29  guardianship of those children.

10-30     2.  As a condition to the provision of any supportive assistance

10-31  pursuant to this section:

10-32     (a) The child must:

10-33         (1) Have been placed in the care of his qualifying relative for

10-34  not less than 6 months; and

10-35         (2) If he is 14 years of age or older, consent to the legal

10-36  guardianship; and

10-37     (b) The qualifying relative must:

10-38         (1) Reside in this state;

10-39         (2) Have attained such a minimum age as the Department

10-40  specifies by regulation;

10-41         (3) Verify his relationship to the child; and

10-42         (4) File for and obtain court approval of the legal

10-43  guardianship and comply with any requirements imposed by the

10-44  court . [; and

11-1      (c) The Department must determine that the personal and

11-2  criminal history of the qualifying relative is satisfactory.]

11-3      3.  The supportive assistance provided pursuant to this section

11-4  mustinclude, within the limitations of available funding:

11-5      (a) Reimbursement of all or a portion of the legal fees incurred

11-6  by the qualifying relative to establish the legal guardianship;

11-7      (b) Payments of not more than the amount that the Department

11-8  would provide to a foster parent if the child had been placed in

11-9  foster care;

11-10     (c) Assistance with:

11-11         (1) Child care;

11-12         (2) Respite care; and

11-13         (3) Transportation; and

11-14     (d) Any other assistance the Department deems appropriate.

11-15     4.  The Department shall adopt such regulations as are

11-16  necessary to carry out the provisions of this section.

11-17     5.  As used in this section, unless the context otherwise

11-18  requires, “qualifying relative” means a person specified in 45

11-19  C.F.R. § 233.90(c)(1)(v)(A).

11-20     Secs. 24-28.  (Deleted by amendment.)

11-21     Sec. 29.  NRS 228.410 is hereby amended to read as follows:

11-22     228.410  1.  The Attorney General has primary jurisdiction to

11-23  investigate and prosecute violations of NRS 422.540 to 422.570,

11-24  inclusive, and any fraud in the administration of the Plan or in the

11-25  provision of medical assistance pursuant to the Plan. The provisions

11-26  of this section notwithstanding, the [Welfare Division] Department

11-27  of Human Resources and the Division of Health Care Financing

11-28  and Policy of the Department of Human Resources shall enforce the

11-29  Plan and any regulations adopted pursuant thereto.

11-30     2.  For this purpose, the Attorney General shall establish within

11-31  his office the Medicaid Fraud Control Unit. The Unit must consist

11-32  of a group of qualified persons, including, without limitation, an

11-33  attorney, an auditor and an investigator who, to the extent

11-34  practicable, have expertise in nursing, medicine and the

11-35  administration of medical facilities.

11-36     3.  The Attorney General, acting through the Medicaid Fraud

11-37  Control Unit:

11-38     (a) Is the single state agency responsible for the investigation

11-39  and prosecution of violations of NRS 422.540 to 422.570, inclusive;

11-40     (b) Shall review reports of abuse or criminal neglect of patients

11-41  in medical facilities which receive payments under the Plan and,

11-42  when appropriate, investigate and prosecute the persons responsible;

11-43     (c) May review and investigate reports of misappropriation of

11-44  money from the personal resources of patients in medical facilities

12-1  that receive payments under the Plan and, when appropriate, shall

12-2  prosecute the persons responsible;

12-3      (d) Shall cooperate with federal investigators and prosecutors in

12-4  coordinating state and federal investigations and prosecutions

12-5  involving fraud in the provision or administration of medical

12-6  assistance pursuant to the Plan, and provide those federal officers

12-7  with any information in his possession regarding such an

12-8  investigation or prosecution; and

12-9      (e) Shall protect the privacy of patients and establish procedures

12-10  to prevent the misuse of information obtained in carrying out the

12-11  provisions of this section.

12-12     4.  When acting pursuant to NRS 228.175 or this section, the

12-13  Attorney General may commence his investigation and file a

12-14  criminal action without leave of court, and he has exclusive charge

12-15  of the conduct of the prosecution.

12-16     5.  As used in this section:

12-17     (a) “Medical facility” has the meaning ascribed to it in

12-18  NRS 449.0151.

12-19     (b) “Plan” means the State Plan for Medicaid established

12-20  pursuant to NRS 422.271.

12-21     Sec. 30.  NRS 422.391 and 422.393 are hereby repealed.

12-22     Sec. 31.  A Medicaid card issued by the Welfare Division of

12-23  the Department of Human Resources before October 1, 2003, shall

12-24  be deemed to have been issued by the Department of Human

12-25  Resources.

12-26     Sec. 32.  (Deleted by amendment.)

12-27     Sec. 33.  This act becomes effective upon passage and approval

12-28  for the purpose of adopting regulations and on October 1, 2003, for

12-29  all other purposes.

 

12-30  TEXT OF REPEALED SECTIONS

 

12-31     422.391  “Qualifying relative” defined. As used in this

12-32  section and NRS 422.392 and 422.393, unless the context otherwise

12-33  requires, “qualifying relative” means a person specified in 45 C.F.R.

12-34  § 233.90(c)(1)(v)(A).

12-35     422.393  Applicant to supply fingerprints; exchange of

12-36  information; report from Federal Bureau of Investigation.

12-37     1.  An applicant for the receipt of supportive assistance

12-38  provided pursuant to NRS 422.392 shall submit to the Department a

12-39  complete set of his fingerprints and written permission authorizing

12-40  the Department to forward those fingerprints to the Central

13-1  Repository for Nevada Records of Criminal History for submission

13-2  to the Federal Bureau of Investigation for its report to enable the

13-3  Department to determine whether the criminal history of the

13-4  applicant is satisfactory.

13-5      2.  The Department may exchange with the Central Repository

13-6  or the Federal Bureau of Investigation any information respecting

13-7  the fingerprints submitted.

13-8      3.  When a report from the Federal Bureau of Investigation is

13-9  received by the Central Repository, it shall immediately forward a

13-10  copy of the report to the Department.

 

13-11  H