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2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.27495 - Contracts for provision of certain transportation services for recipients of Medicaid and recipients of services pursuant to Children’s Health Insurance Program; regulations.

1. The Department shall, to the extent authorized by federal law, contract with a common motor carrier, a contract motor carrier or a broker for the provision of transportation services to recipients of Medicaid traveling to and returning from providers of services under the State Plan for Medicaid.
2. The Department may, to the extent authorized by federal law, contract with a common motor carrier, a contract motor carrier or a broker for the provision of transportation services to recipients of services pursuant to the Children’s Health Insurance Program traveling to and returning from providers of services under the Children’s Health Insurance Program.
3. The Director may adopt regulations concerning the qualifications of persons who may contract with the Department to provide transportation services pursuant to this section.
4. The Director shall:
(a) Require each motor carrier that has contracted with the Department to provide transportation services pursuant to this section to submit proof to the Department of a liability insurance policy, certificate of insurance or surety which is substantially equivalent in form to and is in the same amount or in a greater amount than the policy, certificate or surety required by the Department of Motor Vehicles pursuant to NRS 706.291 for a similarly situated motor carrier; and
(b) Establish a program, with the assistance of the Nevada Transportation Authority of the Department of Business and Industry, to inspect the vehicles which are used to provide transportation services pursuant to this section to ensure that the vehicles and their operation are safe.
5. As used in this section:
(a) "Broker" has the meaning ascribed to it in NRS 706.021.
(b) "Common motor carrier" has the meaning ascribed to it in NRS 706.036.
(c) "Contract motor carrier" has the meaning ascribed to it in NRS 706.051.
(Added to NRS by 2005, 735; A 2011, 2469; 2013, 1316)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.275 - Legal advisers for Division.

The Attorney General and the deputies of the Attorney General are the legal advisers for the Division.
(Added to NRS by 1963, 501; A 1967, 1498; 1971, 1437; 1975, 175; 1979, 274; 1981, 1281; 1997, 2624; 1999, 2242; 2005, 22nd Special Session, 29)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.276 - Appeal to Division by applicant for or recipient of benefits from Medicaid or Children’s Health Insurance Program; notice of initial decision; hearing.

1. Subject to the provisions of subsection 2, if an application for Medicaid or the Children’s Health Insurance Program or a claim for benefits from either program is not acted upon by the Division within a reasonable time after the filing of the application or claim for benefits, or is denied in whole or in part, or if any claim for benefits is reduced, suspended or terminated, the applicant or recipient may appeal to the Division and may be represented in the appeal by counsel or other representative chosen by the applicant or recipient.
2. Upon the initial decision to deny, reduce, suspend or terminate benefits, the Division shall notify that applicant or recipient of its decision, the regulations involved and the right to request a hearing within a certain period. If a request for a hearing is received within that period, the Division shall notify that person of the time, place and nature of the hearing. The Division shall provide an opportunity for a hearing of that appeal and shall review the case regarding all matters alleged in that appeal.
3. The Division is not required to grant a hearing pursuant to this section if the request for the hearing is based solely upon the provisions of a federal law or a law of this State that requires an automatic adjustment to the benefits that may be received by an applicant or recipient.
(Added to NRS by 1981, 1908; A 1985, 857; 1993, 2064; 1997, 2238; 1999, 2229; 2013, 1305)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.277 - Hearing: Rights of parties; informal disposition; record; transcribing of oral proceedings; findings of fact; certain employees or representatives of Division prohibited from participating in decision.

1. At any hearing held pursuant to the provisions of subsection 2 of NRS 422.276, opportunity must be afforded all parties to respond and present evidence and argument on all issues involved.
2. Unless precluded by law, informal disposition may be made of any hearing by stipulation, agreed settlement, consent order or default.
3. The record of a hearing must include:
(a) All pleadings, motions and intermediate rulings.
(b) Evidence received or considered.
(c) Questions and offers of proof and objections, and rulings thereon.
(d) Any decision, opinion or report by the hearing officer presiding at the hearing.
4. Oral proceedings, or any part thereof, must be transcribed on request of any party seeking judicial review of the decision.
5. Findings of fact must be based exclusively on substantial evidence.
6. Any employee or other representative of the Division who investigated or made the initial decision to deny, modify or cancel benefits provided pursuant to Medicaid or the Children’s Health Insurance Program shall not participate in the making of any decision made pursuant to the hearing.
(Added to NRS by 1985, 855; A 1993, 2064; 1999, 2229; 2001, 158; 2013, 1305)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.2775 - Hearing: Evidence.

In any hearing held pursuant to the provisions of subsection 2 of NRS 422.276:
1. Irrelevant, immaterial or unduly repetitious evidence must be excluded. Unless it is privileged pursuant to chapter 49 of NRS, evidence, including, without limitation, hearsay, may be admitted if it is of a type commonly relied upon by reasonable and prudent persons in the conduct of their affairs. Objections to evidentiary offers may be made. Subject to the requirements of this subsection, if a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
2. Documentary evidence may be received in the form of copies or excerpts. Upon request, parties must be given an opportunity to compare the copy with the original.
3. Each party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues whether or not the matter was covered in the direct examination, impeach any witness, regardless of which party first called the witness to testify, and rebut the evidence against the party.
(Added to NRS by 1985, 855; A 1997, 1615)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.278 - Hearing: Person with communications disability entitled to services of interpreter.

Any person who is:
1. The subject of a hearing conducted under the authority of the Division; or
2. A witness at that hearing,
and who is a person with a communications disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense in accordance with the provisions of NRS 50.050 to 50.053, inclusive. The interpreter must be appointed by the person who presides at the hearing.
(Added to NRS by 1979, 658; A 1997, 2627; 1999, 2242; 2001, 1778; 2005, 22nd Special Session, 29; 2007, 174)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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; regulations; enforcement.

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)
2023 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)
2023 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; regulations.

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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.361 - Definitions.

As used in NRS 422.361 to 422.369, inclusive, unless the context otherwise requires, the words and terms defined in NRS 422.362 to 422.365, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1993, 141)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.363 - "Medicaid card" defined.

"Medicaid card" means any instrument or device evidencing eligibility for receipt of Medicaid benefits that is issued by the Department for the use of a cardholder in obtaining the types of medical and remedial care for which assistance may be provided under the Plan.
(Added to NRS by 1993, 141; A 2003, 660)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.366 - Unlawful acts: Obtaining or possessing card without consent of holder of card; presumption from possession of card; penalty.

1. A person who:
(a) Steals, takes or removes a Medicaid card from the person, possession, custody or control of another without the cardholder’s consent; or
(b) With knowledge that a Medicaid card has been so taken, removed or stolen, receives the Medicaid card with the intent to circulate, use or sell it or to transfer it to a person other than the Department or the cardholder,
is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
2. A person who possesses a Medicaid card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the Medicaid card with the intent to defraud is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
3. A person who has in his or her possession or under his or her control two or more Medicaid cards issued in the name of another person is presumed to have obtained and to possess the Medicaid cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with the intent to defraud. The presumption established by this subsection may be rebutted by clear and convincing evidence. The presumption does not apply to the possession of two or more Medicaid cards if the possession is with the consent of the Department.
(Added to NRS by 1993, 141; A 1995, 1272; 2003, 660)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.367 - Unlawful acts: Sale or purchase of card; authorization by holder of card for use by person not entitled to use card; penalty.

A person who:
1. Sells or buys a Medicaid card; or
2. Authorizes another person to use his or her Medicaid card to obtain the types of medical and remedial care for which assistance may be provided under the Plan, if the person to whom authorization is given is not entitled to use that card to obtain care,
is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
(Added to NRS by 1993, 142; A 1995, 1273)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.368 - Unlawful acts: Use of forged, expired or revoked card to obtain benefits; receipt of benefits by misrepresentation; penalty.

A person who, with the intent to defraud:
1. Uses a Medicaid card to obtain the types of medical and remedial care for which assistance may be provided under the Plan with the knowledge that the Medicaid card was obtained or retained in violation of any of the provisions of NRS 422.361 to 422.367, inclusive, or is forged or is the expired or revoked Medicaid card of another; or
2. Obtains the types of medical and remedial care for which assistance may be provided under the Plan by representing, without the consent of the cardholder, that the person is the authorized holder of a Medicaid card or that the person is the holder of a Medicaid card that has not in fact been issued,
is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
(Added to NRS by 1993, 142; A 1995, 1273)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.369 - Unlawful acts: Fraud by person authorized to provide care to holder of card; penalty.

A person authorized by the Division to furnish the types of medical and remedial care for which assistance may be provided under the Plan, or an agent or employee of the authorized person, who, with the intent to defraud, furnishes such care upon presentation of a Medicaid card which the person knows was obtained or retained in violation of any of the provisions of NRS 422.361 to 422.367, inclusive, or is forged, expired or revoked, is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
(Added to NRS by 1993, 142; A 1995, 1274; 1999, 2232; 2005, 22nd Special Session, 33)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.3755 - Definitions.

As used in NRS 422.3755 to 422.379, inclusive, unless the context otherwise requires, the words and terms defined in NRS 422.376, 422.3765 and 422.3771 have the meanings ascribed to them in those sections.
(Added to NRS by 2003, 2745)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.376 - "Facility for intermediate care" defined.

"Facility for intermediate care" has the meaning ascribed to it in NRS 449.0038, but does not include:
1. A facility which meets the requirements of a general or any other special hospital pursuant to chapter 449 of NRS;
2. A facility for intermediate care which limits its care and treatment to those persons who are intellectually disabled or who have conditions related to intellectual disabilities; or
3. A facility for intermediate care that is owned or operated by the State of Nevada or any political subdivision of the State of Nevada.
(Added to NRS by 2003, 2745; A 2013, 696)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.3765 - "Facility for skilled nursing" defined.

"Facility for skilled nursing" has the meaning ascribed to it in NRS 449.0039, but does not include a facility for skilled nursing that is owned or operated by the State of Nevada or any political subdivision of the State of Nevada.
(Added to NRS by 2003, 2745)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.3775 - Fee: Payment; amount; due date; allowable cost for Medicaid reimbursement purposes.

1. Each nursing facility that is licensed in this State shall pay a fee assessed by the Division to increase the quality of nursing care in this State.
2. To determine the amount of the fee to assess pursuant to this section, the Division shall establish a rate per non-Medicare patient day that is equivalent to a percentage of the total annual accrual basis gross revenue for services provided to patients of all nursing facilities licensed in this State. The percentage used to establish the rate must not exceed that allowed by federal law. For the purposes of this subsection, total annual accrual basis gross revenue does not include charitable contributions received by a nursing facility.
3. The Division shall calculate the fee owed by each nursing facility by multiplying the total number of days of care provided to non-Medicare patients by the nursing facility, as provided to the Division pursuant to NRS 422.378, by the rate established pursuant to subsection 2.
4. A fee assessed pursuant to this section is due 30 days after the end of the month for which the fee was assessed.
5. The payment of a fee to the Division pursuant to NRS 422.3755 to 422.379, inclusive, is an allowable cost for Medicaid reimbursement purposes.
(Added to NRS by 2003, 2746; A 2005, 22nd Special Session, 33; 2007, 2393)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.378 - Report by nursing facility to Division.

1. Each nursing facility shall file with the Division each month a report setting forth the total number of days of care it provided to non-Medicare patients during the preceding month, the total gross revenue it earned as compensation for services provided to patients during the preceding month and any other information required by the Division.
2. Each nursing facility shall file with the Division any information required and requested by the Division to carry out the provisions of NRS 422.3755 to 422.379, inclusive.
(Added to NRS by 2003, 2746; A 2005, 22nd Special Session, 34)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.3785 - Account to Increase the Quality of Nursing Care: Creation; deposit of money; expenditures; consequence of federal law prohibiting certain expenditures from Account.

1. There is hereby created in the State General Fund the Account to Increase the Quality of Nursing Care, to be administered by the Division.
2. The interest and income on the money in the Account to Increase the Quality of Nursing Care, after deducting any applicable charges, must be credited to the Account.
3. Any money received by the Division pursuant to NRS 422.3755 to 422.379, inclusive, must be deposited in the Account to Increase the Quality of Nursing Care, and must be expended, to the extent authorized by federal law, to obtain federal financial participation in the Medicaid Program, and in the manner set forth in subsection 4.
4. Expenditures from the Account to Increase the Quality of Nursing Care must be used only:
(a) To increase the rates paid to nursing facilities for providing services pursuant to the Medicaid Program and may not be used to replace existing state expenditures paid to nursing facilities for providing services pursuant to the Medicaid Program; and
(b) To administer the provisions of NRS 422.3755 to 422.379, inclusive. The amount expended pursuant to this paragraph must not exceed 1 percent of the money received from the fees assessed pursuant to NRS 422.3755 to 422.379, inclusive, and must not exceed the amount authorized for expenditure by the Legislature for administrative expenses in a fiscal year.
5. Any money remaining in the Account to Increase the Quality of Nursing Care at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
6. If federal law or regulation prohibits the money in the Account to Increase the Quality of Nursing Care from being used in the manner set forth in this section, the rates paid to nursing facilities for providing services pursuant to the Medicaid Program must be changed:
(a) Except as otherwise provided in paragraph (b), to the rates paid to such facilities on June 30, 2003; or
(b) If the Legislature or the Division has on or after July 1, 2003, changed the rates paid to such facilities through a manner other than the use of expenditures from the Account, to the rates provided for by the Legislature or the Division.
(Added to NRS by 2003, 2746; A 2005, 22nd Special Session, 34; 2011, 1767; 2013, 2757)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.379 - Administrative penalties for late payment of fee; recoupment of fees and administrative penalties; repayment plan.

1. The Division shall establish administrative penalties for the late payment by a nursing facility of a fee assessed pursuant to NRS 422.3755 to 422.379, inclusive.
2. The Division may recoup any payments made to nursing facilities providing services pursuant to the Medicaid program up to the amount of the fees owed as determined pursuant to NRS 422.3775 and any administrative penalties owed pursuant to subsection 1 if a nursing facility fails to remit the fees and administrative penalties owed within 30 days after the date they are due. Before recoupment of payments pursuant to this subsection, the Division may allow a nursing facility that fails to remit fees and administrative penalties owed an opportunity to negotiate a repayment plan with the Division. The terms of the repayment plan may be established at the discretion of the Division.
(Added to NRS by 2003, 2747; A 2005, 22nd Special Session, 35; 2007, 2393)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.3791 - Definitions.

As used in NRS 422.3791 to 422.3795, inclusive, unless the context otherwise requires, the words and terms defined in NRS 422.37915 to 422.37938, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 1606; A 2023, 1940)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.3794 - Imposition of assessment; vote; amount of assessment; regulations; statement of amount of revenue used for certain purposes before polling; deposit of revenue; compliance with federal law; submission of information to Division.

1. Except as otherwise provided in this section, after polling the operators in an operator group and receiving an affirmative vote from at least 67 percent of the operators in that operator group, the Division may impose by regulation, against each operator in the operator group, an assessment in an amount equal to a percentage of the net revenue generated by the agency to provide personal care services in the home or medical facility, as applicable, from providing care in this State during a calendar or fiscal year. The Division shall adopt:
(a) Regulations prescribing the percentage that must be used to calculate the amount of the assessment, the date on which the assessment is due and the manner in which the assessment must be paid; and
(b) Any other regulations necessary or convenient to carry out the provisions of this section.
2. Before polling the operator of a hospital or a rural hospital pursuant to subsection 1, the Division shall provide the operator a statement of the amount of the revenue generated by the proposed assessment that will be used for the purposes prescribed by paragraphs (c) and (d) of subsection 3 of NRS 422.37945.
3. The revenue from an assessment imposed pursuant to subsection 1 must be deposited in the Account.
4. An assessment imposed pursuant to subsection 1 must comply with the provisions of 42 C.F.R. § 433.68. The revenue generated by such an assessment must be used only for the purposes authorized by NRS 422.37945. An assessment must not be imposed pursuant to subsection 1 if state or federal law or regulations prohibit or alter the use of the revenue generated by the assessment for the purposes prescribed in NRS 422.37945. If new state or federal law or regulations imposing such a prohibition or making such an alteration are enacted or adopted, as applicable:
(a) An assessment must not be collected after the effective date of the law or regulations; and
(b) Any money collected during the calendar or fiscal year, as applicable, in which the law or regulations become effective must be returned to the operators from whom it was collected.
5. An operator shall submit to the Division any information requested by the Division for the purposes of carrying out the provisions of this section.
(Added to NRS by 2017, 1606; A 2023, 1940)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.3795 - Administrative penalties; deduction from future Medicaid payments; notification; payment plans.

1. The Division shall adopt regulations that establish administrative penalties for failure to timely pay an assessment imposed pursuant to NRS 422.3794. Any money collected from such a penalty must be deposited in the Account.
2. If an operator fails to remit to the Division any penalty imposed pursuant to this section or any assessment imposed pursuant to NRS 422.3794 within 30 days after the date on which the penalty or assessment is due, the Division may deduct the amount of the assessment or penalty, as applicable, from future payments owed to the operator under the State Plan for Medicaid. Before doing so, the Division:
(a) Shall notify the operator of the intended deduction; and
(b) May negotiate a payment plan with the operator.
(Added to NRS by 2017, 1607)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.380 - Definitions.

As used in NRS 422.380 to 422.390, inclusive, unless the context otherwise requires:
1. "Disproportionate share payment" means a payment made pursuant to 42 U.S.C. § 1396r-4.
2. "Hospital" has the meaning ascribed to it in NRS 439B.110 and includes public and private hospitals.
(Added to NRS by 1991, 2334; A 1993, 1967; 1995, 1427, 1430; 1997, 1243; 2003, 2990; 2005, 1450; 2009, 2293)
2023 Nevada Revised Statutes › Chapter 422 - Health Care Financing and Policy › NRS 422.3805 - Federal waivers: Duties of Administrator.

The Administrator shall:
1. Apply for all waivers from federal law or regulation which are necessary to carry out the provisions of NRS 422.380 to 422.390, inclusive; and
2. If a waiver is denied or altered, take all appropriate steps to comply with the directives of the Federal Government.
(Added to NRS by 1993, 1966; A 1995, 1430; 1997, 2630; 1999, 2242)