Amendment No. 655

 

 

 

     Amend the bill as a whole by renumbering section 1 as sec. 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

     “Section 1.  Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.”.

     Amend section 1, page 1, by deleting lines 1 and 2 and inserting “Sec. 2.”.

     Amend section 1, pages 1 and 2, by deleting lines 5 through 11 on page 1 and lines 1 and 2 on page 2, and inserting:

“other related services to persons 65 years of age or older who are not eligible for pharmacy benefits pursuant to Medicaid and whose incomes are not more than 200 percent of the federally designated level signifying poverty.”.

     Amend section 1, page 2, by deleting lines 15 through 22 and inserting:

     “3.  The Director may:”.

     Amend section 1, page 2, by deleting line 27 and inserting:

     “4.  Not more than 10 percent of the money received by the”.

     Amend section 1, page 2, line 31, by deleting “6.” and inserting “5.”.

     Amend section 1, page 2, by deleting lines 35 and 36.

     Amend the bill as a whole by renumbering sec. 2 as sec. 4 and adding a new section designated sec. 3, following section 1, to read as follows:

     “Sec. 3.  1.  Except as otherwise provided in this subsection, the Director may apply to the Federal Government for a Medicaid waiver to extend coverage for prescription drugs and other related services to persons with disabilities who have been determined to be eligible for disability benefits from the federal social security system, who are not eligible for pharmacy benefits pursuant to Medicaid and whose incomes are not more than 200 percent of the federally designated level signifying poverty. The Director shall not apply for a waiver pursuant to this subsection unless the Director and the Interim Finance Committee have determined that sufficient funds are available in this state to implement the waiver.

     2.  If the Federal Government approves a Medicaid waiver which the Director applied for pursuant to subsection 1, the Director shall adopt regulations to implement the waiver and establish a program in accordance with the waiver, including, without limitation, regulations setting forth criteria of eligibility, the services covered by the program, the amount of any copayment for which a person who receives services pursuant to the program is responsible and any limitation on the number of persons who may receive services pursuant to the program.

     3.  The Director may:

     (a) Administer a program established pursuant to this section through the Division of Health Care Financing and Policy; or

     (b) Hire a pharmacy benefits manager by contract to administer a program established pursuant to this section.

     4.  Not more than 10 percent of the money received by the Department to implement a program established pursuant to this section may be used for administrative expenses or other indirect costs.

     5.  The Director shall submit a quarterly report concerning:

     (a) The progress of the Director toward applying for a waiver pursuant to subsection 1 and establishing a program in accordance with such a waiver that has been approved by the Federal Government; and

     (b) Any program established pursuant to this section,

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to the Interim Finance Committee and the Legislative Committee on Health Care.”.

     Amend sec. 2, page 2, line 39, by deleting “section 1” and inserting:

“sections 2 and 3”.

     Amend sec. 2, page 3, line 2, by deleting “section 1” and inserting:

“sections 2 and 3”.

     Amend the bill as a whole by deleting sections 3 and 4, renumbering sections 5 and 6 as sections 7 and 8 and adding new sections designated sections 5 and 6, following sec. 2, to read as follows:

     “Sec. 5.  NRS 218.6827 is hereby amended to read as follows:

     218.6827 1.  Except as otherwise provided in subsections 2 and 3, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in regular or special session.

     2.  During a regular session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, and 353.335, paragraph (b) of subsection 4 of NRS 407.0762 and NRS 428.375, 439.620, 439.630, 445B.830 and 538.650 [.] and subsection 1 of section 3 of this act. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chairman of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.

     3.  During a regular or special session, the Interim Finance Committee may exercise the powers and duties conferred upon it pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive.

     4.  If the Interim Finance Committee determines that a fundamental review of the base budget of a state agency is necessary, it shall, by resolution, notify the Legislative Commission of that finding for assignment of the review to a legislative committee for the fundamental review of the base budgets of state agencies established pursuant to NRS 218.5382.

     Sec. 6. NRS 439.620 is hereby amended to read as follows:

FIRST PARALLEL SECTION

     439.620  1.  The Fund for a Healthy Nevada is hereby created in the State Treasury. The State Treasurer shall deposit in the Fund:

     (a) Fifty percent of all money received by this state pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and

     (b) Fifty percent of all money recovered by this state from a judgment in a civil action against a manufacturer of tobacco products.

     2.  The State Treasurer shall administer the Fund. As administrator of the Fund, the State Treasurer:

     (a) Shall maintain the financial records of the Fund;

     (b) Shall invest the money in the Fund as the money in other state funds is invested;

     (c) Shall manage any account associated with the Fund;

     (d) Shall maintain any instruments that evidence investments made with the money in the Fund;

     (e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

     (f) May perform any other duties necessary to administer the Fund.

     3.  The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.

     4.  Upon receiving a request from the State Treasurer or the Department for an allocation for administrative expenses from the Fund pursuant to this section, the Task Force for the Fund for a Healthy Nevada shall consider the request within 45 days after receipt of the request. If the Task Force approves the amount requested for allocation, the Task Force shall notify the State Treasurer of the allocation. If the Task Force does not approve the requested allocation within 45 days after receipt of the request, the State Treasurer or the Department, as applicable, may submit its request for allocation to the Interim Finance Committee. Except as otherwise limited by this subsection, the Interim Finance Committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the Fund, whether allocated by the Task Force or the Interim Finance Committee must not exceed:

     (a) Not more than 2 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the State Treasurer to administer the Fund; and

     (b) Not more than 3 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department, including, without limitation, the Aging Services Division of the Department, to carry out its duties set forth in NRS 439.625 to 439.690, inclusive.

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For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the State Treasurer to be deposited in the Fund during that fiscal year.

     5.  The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.

     6.  All money that is deposited or paid into the Fund is hereby appropriated to the Department and, except as otherwise provided in paragraphs (c) , [and] (d) and (h) of subsection 1 of NRS 439.630, may only be expended pursuant to an allocation made by the Task Force for the Fund for a Healthy Nevada. Money expended from the Fund for a Healthy Nevada must not be used to supplant existing methods of funding that are available to public agencies.”.

     Amend sec. 5, page 5, lines 6, 12 and 16, by deleting “1” and inserting:

“2 or 3”.

     Amend sec. 5, page 5, line 38, by deleting “20” and inserting “[20] 10”.

     Amend sec. 5, page 5, by deleting lines 40 through 42 and inserting:

“programs that improve health services for children . [and]

     (g) Allocate, by contract or grant, for expenditure not more than 7.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve the health and well-being of persons with disabilities.

     [(g)] In making allocations pursuant to this paragraph, the Task Force shall, to the extent practicable, allocate the money evenly among the following three types of programs:

          (1) Programs that provide respite for persons caring for persons with disabilities;

          (2) Programs that provide positive behavioral supports to persons with disabilities; and

          (3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.

     (h) Reserve not more than 2.5 percent of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Department to fund in whole or in part any program established pursuant to section 3 of this act. The Department shall consider recommendations from the Task Force for the Fund for a Healthy Nevada in administering any program established pursuant to section 3 of this act.

     (i) Maximize expenditures through local, federal and private”.

     Amend sec. 5, page 6, line 1, by deleting “(h)” and inserting “[(h)] (j)”.

     Amend sec. 5, page 6, line 4, by deleting “(i)” and inserting “[(i)] (k)”.

     Amend sec. 5, page 6, by deleting line 12 and inserting:

     “[(j)] (l) To make the allocations required by paragraphs (e) , (f) and [(f):] (g):”.

     Amend sec. 5, page 6, line 20, by deleting “(k)” and inserting “[(k)] (m)”.

     Amend sec. 5, page 7, line 7, by deleting “1” and inserting:

“2 or 3”.

     Amend sec. 5, page 7, line 9, by deleting “or (f)” and inserting:

“[or (f)] , (f) or (g)”.

     Amend sec. 6, page 7, line 23, by deleting “purchases” and inserting:

“[purchases] is issued”.

     Amend the bill as a whole by adding new sections designated sections 9 and 10, following sec. 6, to read as follows:

     “Sec. 9. Any money allocated pursuant to subsection 1 of NRS 439.630 before July 1, 2004, for programs that improve the health and well-being of persons with disabilities that is unspent and is returned to the Department of Human Resources may be expended by the Department to fund any program established pursuant to section 3 of this act.

     Sec. 10.  1.  Except as otherwise provided in subsection 2, the provisions of this act become effective on October 1, 2003.

     2.  The amendatory provisions of section 7 of this act which require the Task Force for the Fund for a Healthy Nevada to allocate for expenditure not more than 10 percent of all revenues deposited in the Fund for a Healthy Nevada each year for programs that improve health services for children, to allocate for expenditure not more than 7.5 percent of all revenues deposited in the Fund each year for programs that improve the health and well-being of persons with disabilities, and to reserve not more than 2.5 percent of all revenues deposited in the Fund each year for direct expenditure by the Department of Human Resources to fund any program established pursuant to section 3 of this act become effective on July 1, 2004.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to health care; requiring the Department of Human Resources to apply to the Federal Government to establish a program to extend coverage for prescription drugs and other related services for certain persons; making various changes concerning the allocation of the money in the Fund for a Healthy Nevada; and providing other matters properly relating thereto.”.

     Amend the summary of the bill to read as follows:

“SUMMARY―Makes various changes concerning provision of health care services in this state. (BDR 38‑1207)”.