reglab/housing_qa huggingface dataset:
NV Rev Stat § 422.2785 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.2785 - Contents and delivery of decision or order of hearing officer; petition for judicial review; filing of decision and record with court.

  1. A decision or order issued by a hearing officer must be in writing. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory or regulatory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A copy of the decision or order must be delivered by certified mail to each party and to the attorney or other representative of each party.  2. The Division or an applicant for or recipient of benefits provided pursuant to Medicaid or the Children’s Health Insurance Program may, at any time within 90 days after the date on which the written notice of the decision is mailed, petition the district court of the judicial district in which the applicant for or recipient of benefits provided pursuant to Medicaid or the Children’s Health Insurance Program resides to review the decision. The district court shall review the decision on the record of the case before the hearing officer. The decision and record must be certified as correct and filed with the clerk of the court by the Division.  (Added to NRS by 1985, 856; A 1993, 2065; 1997, 2238, 2628; 1999, 581, 2230, 2242; 2013, 1305)
NV Rev Stat § 422.279 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.279 - Judicial review: Taking of additional evidence; limitations on review; grounds for reversal; appeal to appellate court.

  1. Before the date set by the court for hearing, an application may be made to the court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the Department, the court may order that the additional evidence be taken before the Department upon conditions determined by the court. The Department may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.  2. The review must be conducted by the court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the Department, not shown in the record, proof thereon may be taken in the court. The court, at the request of either party, shall hear oral argument and receive written briefs.  3. The court shall not substitute its judgment for that of the Department as to the weight of the evidence on questions of fact. The court may affirm the decision of the Department or remand the case for further proceedings. The court may reverse the decision and remand the case to the Department for further proceedings if substantial rights of the appellant have been prejudiced because the Department’s findings, inferences, conclusions or decisions are:  (a) In violation of constitutional, regulatory or statutory provisions;  (b) In excess of the statutory authority of the Department;  (c) Made upon unlawful procedure;  (d) Affected by other error of law;  (e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or  (f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.  4. An aggrieved party may obtain review of any final judgment of the district court by appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution. The appeal must be taken in the manner provided for civil cases.  (Added to NRS by 1985, 856; A 1999, 2230; 2013, 1781)
NV Rev Stat § 422.280 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.280 - Forms of reports and records to be kept by persons subject to supervision or investigation by Division.

To ensure accuracy, uniformity and completeness in statistics and information, the Division may prescribe forms of reports and records to be kept by all persons, associations or institutions, subject to its supervision or investigation, and each such person, association or institution shall keep such records and render such reports in the form so prescribed.  [11:327:1949; 1943 NCL § 5146.11] — (NRS A 1963, 906; 1997, 2624; 1999, 2242; 2005, 22nd Special Session, 30)
NV Rev Stat § 422.291 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.291 - Assistance not assignable or subject to process or bankruptcy law.

Assistance awarded pursuant to the provisions of this chapter is not transferable or assignable at law or in equity and none of the money paid or payable under this chapter is subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.  (Added to NRS by 1981, 1908)
NV Rev Stat § 422.292 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.292 - Assistance subject to future amending and repealing acts.

All assistance awarded pursuant to the provisions of this chapter is awarded and held subject to the provisions of any amending or repealing act that may be enacted, and no recipient has any claim for assistance or otherwise by reason of such assistance being affected in any way by an amending or repealing act.  (Added to NRS by 1981, 1908)
NV Rev Stat § 422.293 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.293 - Subrogation: Department subrogated to rights of recipient of Medicaid or of insurance provided pursuant to Children’s Health Insurance Program; lien on proceeds of recovery.

  1. When a recipient of Medicaid or a recipient of insurance provided pursuant to the Children’s Health Insurance Program incurs an illness or injury for which medical services are payable by the Department and which is incurred under circumstances creating a legal liability in some person other than the recipient or a division of the Department to pay all or part of the costs of such medical services, the Department is subrogated to the right of the recipient to the extent of all such medical costs and may join or intervene in any action by the recipient or any successors in interest to enforce such legal liability.  2. If a recipient or any successors in interest fail or refuse to commence an action to enforce the legal liability, the Department may commence an independent action, after notice to the recipient or successors in interest, to recover all medical costs to which it is entitled. In any such action by the Department, the recipient or successors in interest may be joined as third-party defendants.  3. In any case where the Department is subrogated to the rights of the recipient or any successors in interest as provided in subsection 1, the Department has a lien upon the proceeds of any recovery from the persons liable, whether the proceeds of the recovery are by way of judgment, settlement or otherwise. Such a lien must be satisfied in full, unless reduced pursuant to subsection 4, at such time as:  (a) The proceeds of any recovery or settlement are distributed to or on behalf of the recipient, the successors in interest or the attorney of the recipient; and  (b) A dismissal by any court of any action brought to enforce the legal liability established by subsection 1.  4. If the Department receives notice pursuant to NRS 422.293001, the Director or a representative designated by the Director may, in consideration of the legal services provided by an attorney to procure a recovery for the recipient, reduce the lien on the proceeds of any recovery.  5. The attorney of a recipient shall not condition the amount of attorney’s fees or impose additional attorney’s fees based on whether a reduction of the lien is authorized by the Director or a designated representative pursuant to subsection 4.  (Added to NRS by 1981, 1909; A 1989, 757; 1993, 923; 1997, 1239, 2624; 1999, 2228, 2242; 2007, 2390)
NV Rev Stat § 422.293001 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.293001 - Subrogation: Notice to Department of recipient’s claim; statute of limitations tolled until notice received.

  1. A recipient, upon assertion of a claim against a third party to which the Department is subrogated pursuant to NRS 422.293, or the attorney of the recipient, upon agreeing to represent the recipient, shall provide written notice to the Department in the manner provided in subsection 2.  2. The notice provided pursuant to subsection 1 must include, without limitation:  (a) The name of the recipient;  (b) The social security number of the recipient;  (c) The date of birth of the recipient;  (d) The name of the attorney of the recipient, if applicable;  (e) The name of any person against whom the recipient is making a claim, if known;  (f) The name of any insurer of any person against whom the recipient is making a claim, if known;  (g) The date of the incident giving rise to the claim; and  (h) A short statement identifying the nature of the recipient’s claim or the terms of any settlement, judgment or award.  3. Any statute of limitations applicable to any claim or action by the Department is tolled until such time as the Department receives the notice required by this section.  4. As used in this section, "claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured.  (Added to NRS by 2007, 2390)
NV Rev Stat § 422.293003 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.293003 - Subrogation: Department required to provide notice of amount of lien; enforceability of lien.

Upon receiving the notice required pursuant to NRS 422.293001, the Department shall, within 30 days, provide written notice to the recipient or the attorney of the recipient and to the third party. The written notice must include, without limitation, the name of the recipient and the amount of the Department’s lien. No lien created pursuant to NRS 422.293 is enforceable unless written notice is first given to the person against whom the lien is asserted or the attorney of the person against whom the lien is asserted.  (Added to NRS by 2007, 2390)
NV Rev Stat § 422.293005 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.293005 - Subrogation: Liability for failure to comply with provisions.

  1. Except as otherwise provided in subsection 2, any person who fails to comply with the provisions of NRS 422.293 and 422.293001 is liable to the Department for:  (a) The total amount of the Department’s lien created pursuant to NRS 422.293; and  (b) Any attorney’s fees and litigation expenses incurred by the Department in enforcing the Department’s rights pursuant to NRS 422.293 and 422.293001.  2. A person other than the recipient is not liable to the Department if the court determines that the failure to provide notice was caused by excusable neglect.  (Added to NRS by 2007, 2390)
NV Rev Stat § 422.29301 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.29301 - Administration of provisions concerning recovery of amounts incorrectly paid for recipient of Medicaid.

The Director:  1. Shall administer the provisions of NRS 422.29302, 422.29304 and 422.29306;  2. May adopt such regulations as are necessary for the administration of those provisions; and  3. May invoke any legal, equitable or special procedures for the enforcement of those provisions.  (Added to NRS by 2003, 872; A 2013, 1306)
NV Rev Stat § 422.29302 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.29302 - Recovery of benefits paid for Medicaid: Powers and duties of Department; claim against estate of recipient; regulations; distribution of money recovered; payment in cash.

  1. Except as otherwise provided in this section and to the extent it is not prohibited by federal law and when circumstances allow, the Department shall recover benefits correctly paid for Medicaid from:  (a) The undivided estate of the person who received those benefits; and  (b) Any recipient of money or property from the undivided estate of the person who received those benefits.  2. The Department shall not recover benefits pursuant to subsection 1, except from a person who is neither a surviving spouse nor a child, until after the death of the surviving spouse, if any, and only at a time when the person who received the benefits has no surviving child who is under 21 years of age, blind or disabled.  3. Except as otherwise provided by federal law, if a transfer of real or personal property by a recipient of Medicaid is made for less than fair market value, the Department may pursue any remedy available pursuant to chapter 112 of NRS with respect to the transfer.  4. The amount of Medicaid paid to or on behalf of a person is a claim against the estate in any probate proceeding only at a time when there is no surviving spouse or surviving child who is under 21 years of age, blind or disabled.  5. The Director may elect not to file a claim against the estate of a recipient of Medicaid or the spouse of the recipient if the Director determines that the filing of the claim will cause an undue hardship for the spouse or other survivors of the recipient. The Director shall adopt regulations defining the circumstances that constitute an undue hardship.  6. Any recovery of money obtained pursuant to this section must be applied first to the cost of recovering the money. Any remaining money must be divided among the Federal Government, the Department and the county in the proportion that the amount of assistance each contributed to the recipient bears to the total amount of the assistance contributed.  7. Any recovery by the Department from the undivided estate of a recipient pursuant to this section must be paid in cash to the extent of:  (a) The amount of Medicaid paid to or on behalf of the recipient after October 1, 1993; or  (b) The value of the remaining assets in the undivided estate,  whichever is less.  (Added to NRS by 1993, 917; A 1995, 2566; 1997, 1240, 2237, 2626; 1999, 581, 877, 2242; 2001, 158; 2003, 874) — (Substituted in revision for NRS 422.2935)
NV Rev Stat § 422.29304 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.29304 - Recovery of amounts paid for Medicaid under certain circumstances; powers and duties of Department; duty to reimburse Department; waiver of repayment.

  1. Except as otherwise provided in this section, the Department shall, to the extent that it is not prohibited by federal law, recover from a recipient of Medicaid the undivided estate of a recipient of Medicaid or a person who signed the application for Medicaid or for admission to a nursing facility on behalf of the recipient an amount not to exceed the amount incorrectly paid on behalf of the recipient, if the person who signed the application:  (a) Failed to report any required information to the Department or the nursing facility that the person knew at the time the person signed the application;  (b) Refused to provide financial information regarding the recipient’s income and assets, including, without limitation, information regarding any transfers or assignments of income or assets;  (c) Concealed information regarding the existence, transfer or disposition of the recipient’s income and assets with the intent of enabling a recipient to meet any eligibility requirement for Medicaid;  (d) Made any false representation regarding the recipient’s income and assets, including, without limitation, any information regarding any transfers or assignments of income or assets; or  (e) Failed to report to the Department or the nursing facility within the period allowed by the Department any required information that the person obtained after the person filed the application.  2. Except as otherwise provided in this section, a recipient of Medicaid, the undivided estate of a recipient of Medicaid or a person who signed the application for Medicaid or for admission to a nursing facility on behalf of the recipient shall reimburse the Department or appropriate state agency for the value of the amount incorrectly paid on behalf of the recipient.  3. The Director or a person designated by the Director may, to the extent that it is not prohibited by federal law, determine the amount of, and settle, adjust, compromise or deny a claim against a recipient of Medicaid, the undivided estate of a recipient of Medicaid or a person who signed the application for Medicaid or for admission to a nursing facility on behalf of the recipient.  4. The Director may, to the extent that it is not prohibited by federal law, waive the repayment of amounts incorrectly paid on behalf of a recipient of Medicaid if the incorrect payment was not the result of an intentional misrepresentation or omission by the recipient and if repayment would cause an undue hardship to the recipient. The Director shall, by regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.  (Added to NRS by 1999, 876; A 2001, 65; 2003, 875; 2007, 2391; 2013, 1306)
NV Rev Stat § 422.29306 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.29306 - Imposition and release of lien on property of recipient of Medicaid.

  1. The Department may, to the extent not prohibited by federal law, petition for the imposition of a lien pursuant to the provisions of NRS 108.850 against real or personal property of a recipient of Medicaid as follows:  (a) The Department may obtain a lien against a recipient’s property, both real or personal, before or after the death of the recipient in the amount of assistance paid or to be paid on behalf of the recipient if the court determines that assistance was incorrectly paid for the recipient.  (b) The Department may seek a lien against the real property of a recipient at any age before the death of the recipient in the amount of assistance paid or to be paid for the recipient if the recipient is an inpatient in a nursing facility, intermediate care facility for persons with intellectual disabilities or other medical institution and the Department determines, after notice and opportunity for a hearing in accordance with applicable regulations, that the recipient cannot reasonably be expected to be discharged and return home.  2. No lien may be placed on a recipient’s home pursuant to paragraph (b) of subsection 1 for assistance correctly paid if:  (a) His or her spouse;  (b) His or her child who is under 21 years of age, blind or disabled as determined in accordance with 42 U.S.C. § 1382c; or  (c) His or her brother or sister who is an owner or part owner of the home and who was residing in the home for at least 1 year immediately before the date the recipient was admitted to the medical institution,  is lawfully residing in the home.  3. Upon the death of a recipient, the Department may seek a lien upon the recipient’s undivided estate as defined in NRS 422.054.  4. The amount of the lien recovery must be based on the value of the real or personal property at the time of sale of the property.  5. The Director shall release a lien pursuant to this section:  (a) Upon notice by the recipient or the representative of the recipient to the Director that the recipient has been discharged from the medical institution and has returned home;  (b) If the lien was incorrectly determined; or  (c) Upon satisfaction of the claim of the Department.  (Added to NRS by 1995, 2565; A 1997, 650, 1242, 2627; 1999, 878, 2242, 2244; 2003, 875; 2007, 2392; 2013, 695)
NV Rev Stat § 422.305 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.305 - Confidentiality of information obtained in investigation of provider of services under State Plan for Medicaid.

  1. Except as otherwise provided in subsection 2 and NRS 228.410, 239.0115 and 422.2374, any information obtained by the Division in an investigation of a provider of services under the State Plan for Medicaid is confidential.  2. The information presented as evidence at a hearing:  (a) To enforce the provisions of NRS 422.450 to 422.590, inclusive; or  (b) To review an action by the Division against a provider of services under the State Plan for Medicaid,  is not confidential, except for the identity of any recipient of the assistance.  (Added to NRS by 1987, 1670; A 1991, 1053; 1997, 1243, 2628; 1999, 2242; 2005, 22nd Special Session, 32; 2007, 2103)
NV Rev Stat § 422.308 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.308 - Family planning service; birth control.

As a part of the health and welfare programs of this State, the Division may:  1. Conduct a family planning service, or contract for the provision of a family planning service, in any county of the State. Such service may include the dispensing of information and the distribution of literature on birth control and family planning methods.  2. Establish a policy of referral of welfare recipients for birth control.  (Added to NRS by 1965, 529; A 1997, 2620; 1999, 2242; 2005, 22nd Special Session, 30) — (Substituted in revision for NRS 422.284)
NV Rev Stat § 422.3085 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.3085 - Development of Sexual Trauma Services Guide; provision of information about Guide to public; regulations.

  1. To the extent authorized by federal law, the Department shall develop a Medicaid service package called the Sexual Trauma Services Guide for the purpose of assisting victims of sexual trauma who are eligible for Medicaid.  2. The Department shall post information relating to the Sexual Trauma Services Guide, including, without limitation, information concerning the available services to which victims of sexual trauma are entitled, on the Internet website maintained by the Department and shall make such information available to any person upon request at the office of the Department.  3. The Department may adopt any regulations necessary to carry out the provisions of this section.  (Added to NRS by 2017, 4076)
NV Rev Stat § 422.309 (2021)
2021 Nevada Revised Statutes|Chapter 422 - Health Care Financing and Policy|NRS 422.309 - Provision of prenatal care to pregnant women who are indigent; provision of information concerning availability of prenatal care; regulations.

  1. As part of the health and welfare programs of this State, the Division or any other division designated by the Director may provide prenatal care to pregnant women who are indigent, or may contract for the provision of that care, at public or nonprofit hospitals in this State.  2. The Division or any other division designated by the Director shall provide to each person licensed to engage in social work pursuant to chapter 641B of NRS, each applicant for Medicaid and any other interested person, information concerning the prenatal care available pursuant to this section.  3. The Division or any other division designated by the Department shall adopt regulations setting forth criteria of eligibility and rates of payment for prenatal care provided pursuant to the provisions of this section, and such other provisions relating to the development and administration of the Program for Prenatal Care as the Director or the Administrator, as applicable, deems necessary.  (Added to NRS by 1989, 1455; A 1997, 1238, 2235, 2620; 1999, 581, 2242; 2003, 659; 2005, 22nd Special Session, 30) — (Substituted in revision for NRS 422.287)