Senate Bill No. 459–Committee on Human
Resources and Facilities

 

(On Behalf of the Department of Administration)

 

March 24, 2003

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Revises provisions concerning health benefits for senior citizens subsidized by money in Fund for a Healthy Nevada. (BDR 40‑1247)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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

 

AN ACT relating to public health; providing subsidies from the Fund for a Healthy Nevada for the coverage of limited-scope dental and vision benefits within the program of subsidies for the provision of prescription drugs and pharmaceutical services to senior citizens; revising the amount of the limit on the income of a senior citizen to qualify for a subsidy for the provision of prescription drugs, pharmaceutical services and limited-scope dental and vision benefits from money in the Fund; 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 439.630 is hereby amended to read as follows:

1-2  439.630  1.  The Task Force for the Fund for a Healthy

1-3  Nevada shall:

1-4  (a) Conduct public hearings to accept public testimony from a

1-5  wide variety of sources and perspectives regarding existing or

1-6  proposed programs that:

1-7       (1) Promote public health;

2-1       (2) Improve health services for children, senior citizens and

2-2  persons with disabilities;

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

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

2-5  and drugs; and

2-6       (5) Offer other general or specific information on health care

2-7  in this state.

2-8  (b) Establish a process to evaluate the health and health needs of

2-9  the residents of this state and a system to rank the health problems

2-10  of the residents of this state, including, without limitation, the

2-11  specific health problems that are endemic to urban and rural

2-12  communities.

2-13      (c) Reserve not more than 30 percent of all revenues deposited

2-14  in the Fund for a Healthy Nevada each year for direct expenditure

2-15  by the Department to pay for prescription drugs , [and]

2-16  pharmaceutical services and limited-scope dental and vision

2-17  benefits for senior citizens pursuant to NRS 439.635 to 439.690,

2-18  inclusive. From the money reserved to the Department pursuant to

2-19  this paragraph, the Department shall subsidize all of the cost of

2-20  policies of health insurance that provide coverage to senior citizens

2-21  for prescription drugs , [and] pharmaceutical services and limited-

2-22  scope dental and vision benefits pursuant to NRS 439.635 to

2-23  439.690, inclusive. The Department shall consider recommendations

2-24  from the Task Force for the Fund for a Healthy Nevada in carrying

2-25  out the provisions of NRS 439.635 to 439.690, inclusive. The

2-26  Department shall submit a quarterly report to the Governor, the Task

2-27  Force for the Fund for a Healthy Nevada and the Interim Finance

2-28  Committee regarding the general manner in which expenditures

2-29  have been made pursuant to this paragraph and the status of the

2-30  program.

2-31      (d) Reserve not more than 30 percent of all revenues deposited

2-32  in the Fund for a Healthy Nevada each year for allocation by the

2-33  Aging Services Division of the Department in the form of grants for

2-34  existing or new programs that assist senior citizens with independent

2-35  living, including, without limitation, programs that provide:

2-36          (1) Respite care or relief of family caretakers;

2-37          (2) Transportation to new or existing services to assist senior

2-38  citizens in living independently; and

2-39          (3) Care in the home which allows senior citizens to remain

2-40  at home instead of in institutional care.

2-41  The Aging Services Division of the Department shall consider

2-42  recommendations from the Task Force for the Fund for a Healthy

2-43  Nevada concerning the independent living needs of senior citizens.

2-44      (e) Allocate for expenditure not more than 20 percent of all

2-45  revenues deposited in the Fund for a Healthy Nevada each year for

3-1  programs that prevent, reduce or treat the use of tobacco and the

3-2  consequences of the use of tobacco.

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

3-4  revenues deposited in the Fund for a Healthy Nevada each year for

3-5  programs that improve health services for children and the health

3-6  and well-being of persons with disabilities.

3-7  (g) Maximize expenditures through local, federal and private

3-8  matching contributions.

3-9  (h) Ensure that any money expended from the Fund for a

3-10  Healthy Nevada will not be used to supplant existing methods of

3-11  funding that are available to public agencies.

3-12      (i) Develop policies and procedures for the administration and

3-13  distribution of grants and other expenditures to state agencies,

3-14  political subdivisions of this state, nonprofit organizations,

3-15  universities and community colleges. A condition of any such grant

3-16  must be that not more than 8 percent of the grant may be used for

3-17  administrative expenses or other indirect costs. The procedures must

3-18  require at least one competitive round of requests for proposals per

3-19  fiscal year.

3-20      (j) To make the allocations required by paragraphs (e) and (f):

3-21          (1) Prioritize and quantify the needs for these programs;

3-22          (2) Develop, solicit and accept grant applications for

3-23  allocations;

3-24          (3) Conduct annual evaluations of programs to which

3-25  allocations have been awarded; and

3-26          (4) Submit annual reports concerning the programs to the

3-27  Governor and the Interim Finance Committee.

3-28      (k) Transmit a report of all findings, recommendations and

3-29  expenditures to the Governor and each regular session of the

3-30  Legislature.

3-31      2.  The Task Force may take such other actions as are necessary

3-32  to carry out its duties.

3-33      3.  The Department shall take all actions necessary to ensure

3-34  that all allocations for expenditures made by the Task Force are

3-35  carried out as directed by the Task Force.

3-36      4.  To make the allocations required by paragraph (d) of

3-37  subsection 1, the Aging Services Division of the Department shall:

3-38      (a) Prioritize and quantify the needs of senior citizens for these

3-39  programs;

3-40      (b) Develop, solicit and accept grant applications for allocations;

3-41      (c) As appropriate, expand or augment existing state programs

3-42  for senior citizens upon approval of the Interim Finance Committee;

3-43      (d) Award grants or other allocations;

3-44      (e) Conduct annual evaluations of programs to which grants or

3-45  other allocations have been awarded; and

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

4-2  Governor and the Interim Finance Committee.

4-3  5.  The Aging Services Division of the Department shall submit

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

4-5  existing state program to the Interim Finance Committee for

4-6  approval before the grant is awarded. The request for approval must

4-7  include a description of the proposed use of the money and the

4-8  person or entity that would be authorized to expend the money. The

4-9  Aging Services Division of the Department shall not expend or

4-10  transfer any money allocated to the Aging Services Division

4-11  pursuant to this section to subsidize any portion of the cost of

4-12  policies of health insurance that provide coverage to senior citizens

4-13  for prescription drugs and pharmaceutical services pursuant to NRS

4-14  439.635 to 439.690, inclusive.

4-15      6.  The Department, on behalf of the Task Force, shall submit

4-16  each allocation proposed pursuant to paragraph (e) or (f) of

4-17  subsection 1 which would be used to expand or augment an existing

4-18  state program to the Interim Finance Committee for approval before

4-19  the grant is awarded. The request for approval must include a

4-20  description of the proposed use of the money and the person or

4-21  entity that would be authorized to expend the money.

4-22      Sec. 2.  NRS 439.665 is hereby amended to read as follows:

4-23      439.665  1.  The Department [shall] may enter into contracts

4-24  with private insurers who transact health insurance in this state to

4-25  arrange for the availability, at a reasonable cost, of policies of health

4-26  insurance that provide coverage to senior citizens for prescription

4-27  drugs , [and] pharmaceutical services [.] and limited-scope dental

4-28  and vision benefits.

4-29      2.  Within the limits of the money available for this purpose in

4-30  the Fund for a Healthy Nevada, a senior citizen who is not eligible

4-31  for Medicaid and who [purchases] is eligible for a policy of health

4-32  insurance that is made available pursuant to subsection 1 is entitled

4-33  to an annual grant from the [Trust] Fund to subsidize the cost of that

4-34  insurance, including premiums and deductibles, if he has been

4-35  domiciled in this state for at least 1 year immediately preceding the

4-36  date of his application and :

4-37      (a) If the senior citizen is single, his [household] income is not

4-38  over $21,500[.] ; or

4-39      (b) If the senior citizen is married, his household income is not

4-40  over $28,660.

4-41  The monetary amounts set forth in this subsection must be

4-42  adjusted for each fiscal year by adding to each amount the product

4-43  of the amount shown multiplied by the percentage increase in the

4-44  Consumer Price Index from December 2002 to the December

4-45  preceding the fiscal year for which the adjustment is calculated.

5-1  3.  The subsidy granted pursuant to this section must not exceed

5-2  the annual cost of insurance that [provides coverage for prescription

5-3  drugs and pharmaceutical services,] is made available pursuant to

5-4  subsection 1, including premiums and deductibles.

5-5  4.  A policy of health insurance that is made available pursuant

5-6  to subsection 1 must provide for:

5-7  (a) A copayment of not more than $10 per prescription drug or

5-8  pharmaceutical service that is generic as set forth in the formulary of

5-9  the insurer; and

5-10      (b) A copayment of not more than $25 per prescription drug or

5-11  pharmaceutical service that is preferred as set forth in the formulary

5-12  of the insurer.

5-13      5.  The Department may waive the eligibility requirement set

5-14  forth in subsection 2 regarding household income upon written

5-15  request of the applicant [if the circumstances of the applicant’s

5-16  household have changed as a result of:] or enrollee based on one or

5-17  more of the following circumstances:

5-18      (a) Illness;

5-19      (b) Disability; or

5-20      (c) Extreme financial hardship , [based on a significant

5-21  reduction of income,] when considering the [applicant’s] current

5-22  financial circumstances[.] of the applicant or enrollee.

5-23  An applicant or enrollee who requests such a waiver shall include

5-24  with that request all medical and financial documents that support

5-25  his request.

5-26      6.  If the Federal Government provides any coverage for dental

5-27  or vision benefits or coverage of prescription drugs and

5-28  pharmaceutical services for senior citizens who are eligible for a

5-29  subsidy pursuant to subsections 1 to 5, inclusive, the Department

5-30  may, upon approval of the Legislature, or the Interim Finance

5-31  Committee if the Legislature is not in session, change any program

5-32  established pursuant to NRS 439.635 to 439.690, inclusive, and

5-33  otherwise provide assistance with prescription drugs , [and]

5-34  pharmaceutical services and limited-scope dental and vision

5-35  benefits for senior citizens within the limits of the money available

5-36  for this purpose in the Fund for a Healthy Nevada.

5-37      7.  The provisions of subsections 1 to 5,inclusive, do not apply

5-38  [if] to the extent that the Department provides assistance [with

5-39  prescription drugs and pharmaceutical services for senior citizens]

5-40  pursuant to subsection 6.

5-41      Sec. 3.  This act becomes effective on July 1, 2003.

 

5-42  H