[Rev. 11/21/2013 11:32:25 AM--2013]

CHAPTER 422A - WELFARE AND SUPPORTIVE SERVICES

GENERAL PROVISIONS

NRS 422A.001        Definitions.

NRS 422A.005        “Administrator” defined.

NRS 422A.010        “Board” defined. [Repealed.]

NRS 422A.015        “Children’s Health Insurance Program” defined.

NRS 422A.020        “Department” defined.

NRS 422A.025        “Director” defined.

NRS 422A.030        “Division” defined.

NRS 422A.035        “Division of Health Care Financing and Policy” defined.

NRS 422A.037        “Division of Public and Behavioral Health” defined.

NRS 422A.040        “Food Stamp Assistance” defined. [Replaced in revision by NRS 422A.072.]

NRS 422A.045        “Low-Income Home Energy Assistance” defined.

NRS 422A.050        “Medicaid” defined.

NRS 422A.055        “Program for Child Care and Development” defined.

NRS 422A.060        “Program for the Enforcement of Child Support” defined.

NRS 422A.065        “Public assistance” defined.

NRS 422A.070        “State Supplementary Assistance” defined.

NRS 422A.072        “Supplemental Nutrition Assistance” defined.

NRS 422A.075        “Supplemental Security Income Program” defined.

NRS 422A.080        “Temporary Assistance for Needy Families” defined.

NRS 422A.085        Eligibility of persons who are not citizens or nationals of United States for state or local public benefits.

STATE BOARD OF WELFARE AND SUPPORTIVE SERVICES

NRS 422A.110        Creation; appointment of members. [Repealed.]

NRS 422A.115        Qualifications and removal of members. [Repealed.]

NRS 422A.120        Meetings; quorum; notice of meetings; minutes; audio recordings or transcripts. [Repealed.]

NRS 422A.125        Officers. [Repealed.]

NRS 422A.130        Compensation of members and employees. [Repealed.]

NRS 422A.135        Powers and duties. [Repealed.]

ADMINISTRATOR OF DIVISION OF WELFARE AND SUPPORTIVE SERVICES

NRS 422A.155        Qualifications.

NRS 422A.160        Executive Officer of Division; administration and management of Division.

NRS 422A.165        Reports.

NRS 422A.170        Fiscal duties.

NRS 422A.175        Organization of Division; appointment of heads of sections; employees; standards of service.

NRS 422A.180        Administration of oaths by Administrator and Director; testimony of witnesses; subpoenas.

NRS 422A.185        Adoption of regulations.

NRS 422A.190        Procedure for adopting, amending or repealing regulations.

NRS 422A.195        General and miscellaneous powers and duties.

ADMINISTRATION AND PROCEDURE

NRS 422A.230        Legislative appropriations; disbursements.

NRS 422A.235        Deposit of money received for certain programs in appropriate accounts of Division in State General Fund.

NRS 422A.240        Acceptance of Social Security Act and federal money.

NRS 422A.245        Acceptance of increased benefits of future congressional legislation; regulations.

NRS 422A.250        Contract or agreement with Federal Government by Director.

NRS 422A.252        Contracts for cooperation with governmental entities and others; effect of payments to Division for such cooperation; immunity from and limitations on liability not waived.

NRS 422A.255        Duties of Department regarding welfare activities and services.

NRS 422A.260        State plans for certain programs: Development, adoption and revision by Director; Division required to comply.

NRS 422A.265        Provision of public assistance to qualified persons who are not citizens or nationals of United States.

NRS 422A.270        Legal advisers for Division.

NRS 422A.275        Appeal to Department by applicant for or recipient of public assistance or services; notice of initial decision; hearing.

NRS 422A.280        Hearing: Rights of parties; informal disposition; record; transcribing of oral proceedings; findings of fact; limitation on participation of employee or representative of Department in decision.

NRS 422A.285        Hearing: Evidence.

NRS 422A.290        Hearing: Person with communications disability entitled to services of interpreter.

NRS 422A.295        Contents and delivery of decision or order of hearing officer; petition for judicial review; filing of decision and record with court.

NRS 422A.300        Judicial review: Taking of additional evidence; limitations on review; grounds for reversal; appeal to Supreme Court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 422A.300        Judicial review: Taking of additional evidence; limitations on review; grounds for reversal; appeal to appellate court. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 422A.305        Forms of reports and records to be kept by persons subject to supervision or investigation by Division.

NRS 422A.310        Family planning service; birth control. [Repealed.]

NRS 422A.315        Provision of prenatal care to pregnant women who are indigent; provision of information concerning availability of prenatal care; regulations. [Repealed.]

NRS 422A.320        Custody, use, preservation and confidentiality of records, files and communications concerning applicants for and recipients of public assistance or assistance pursuant to Children’s Health Insurance Program.

NRS 422A.325        Assistance not assignable or subject to process or bankruptcy law.

NRS 422A.330        Assistance subject to future amending and repealing acts.

NRS 422A.335        Administrative duties of Administrator and Division.

NRS 422A.3351      Application for Medicaid: Statements regarding action for recovery and civil liability of recipient.

NRS 422A.3352      Recovery of benefits paid for public assistance under certain circumstances; powers and duties of Department; duty to reimburse Department; waiver of repayment.

NRS 422A.340        Gifts and grants of money to Division: Deposit in Division of Welfare and Supportive Services’ Gift and Cooperative Account; use; approval of claims by Administrator.

NRS 422A.345        Eligibility for certain public assistance of person convicted of felony involving possession, use or distribution of controlled substance.

NRS 422A.350        Identification and referral of victims of domestic violence; restricted disclosure of determination.

NRS 422A.355        Recipients of public assistance: Immunization of dependent children.

NRS 422A.360        Recipients of public assistance: Attendance of children at school and assistance with their academic performance.

NRS 422A.362        Denial of application for Children’s Health Insurance Program: Notice; review of case and hearing; regulations; review by court.

NRS 422A.365        Prohibition against denial, reduction, discontinuance or termination of public assistance in violation of federal requirements.

NRS 422A.370        Expedited application for treatment or services for certain persons.

FINANCIAL RESPONSIBILITY OF RELATIVES

NRS 422A.460        Liability of spouse or parent for minor child.

NRS 422A.465        Written statement of responsible relative; perjury.

NRS 422A.470        Enforcement of support by legal action.

NRS 422A.475        Liability of relative not grounds for denying or discontinuing public assistance; acceptance of assistance constitutes consent by recipient to suit against responsible relative.

PROGRAM TO PROVIDE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

NRS 422A.500        Definitions.

NRS 422A.505        “Benefit” defined.

NRS 422A.510        “Head of household” defined.

NRS 422A.515        “Household” defined.

NRS 422A.520        “Program” defined.

NRS 422A.525        Powers and duties of Administrator.

NRS 422A.530        Assessment of members of applicant’s household required before provision of benefits; referrals for mental health services.

NRS 422A.535        Plan for personal responsibility of household: Establishment; contents; execution; expiration; review; amendment.

NRS 422A.540        Agreement of cooperation: Establishment; execution; contents.

NRS 422A.545        Period for action on application for benefits.

NRS 422A.550        Performance of work by head of household: Requirement; failure to comply; regulations.

NRS 422A.555        Exemption of head of household from requirement to complete program of job training; exceptions.

NRS 422A.560        Failure to comply with plan for personal responsibility or agreement of cooperation: Notification of head of household; reduction or termination of benefits; regulations.

NRS 422A.565        Compliance with federal prohibitions on receipt of benefits.

NRS 422A.570        Limitations on periods for receipt of benefits; exceptions; denial or suspension of benefits to comply with federal limitation.

NRS 422A.575        Provision of transitional assistance to head of household.

NRS 422A.580        Payment of certain expenses of applicant determined not to be in need of long-term benefits.

NRS 422A.585        Program to promote self-sufficiency of certain parents: Establishment; participation.

NRS 422A.590        Encouragement of employment opportunities.

NRS 422A.595        Enforcement of court orders for support of children against parents of certain noncustodial parents.

NRS 422A.600        Waiver of requirements of chapter for certain victims of domestic violence.

PROGRAM TO ASSIST RELATIVES WHO HAVE LEGAL GUARDIANSHIP OF CHILDREN

NRS 422A.650        Establishment and administration of program; qualifications for participation in program; assistance provided by program; adoption of regulations.

UNLAWFUL ACTS; PENALTIES

NRS 422A.700        Fraudulent acts; penalties.

_________

GENERAL PROVISIONS

      NRS 422A.001  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 422A.005 to 422A.080, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2005, 22nd Special Session, 2; A 2013, 1309)

      NRS 422A.005  “Administrator” defined.  “Administrator” means the Administrator of the Division.

      (Added to NRS by 2005, 22nd Special Session, 2)

      NRS 422A.010  “Board” defined.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422A.015  “Children’s Health Insurance Program” defined.  “Children’s Health Insurance Program” means the program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive, to provide health insurance for uninsured children from low-income families in this State.

      (Added to NRS by 2005, 22nd Special Session, 2)

      NRS 422A.020  “Department” defined.  “Department” means the Department of Health and Human Services.

      (Added to NRS by 2005, 22nd Special Session, 2)

      NRS 422A.025  “Director” defined.  “Director” means the Director of the Department.

      (Added to NRS by 2005, 22nd Special Session, 2)

      NRS 422A.030  “Division” defined.  “Division” means the Division of Welfare and Supportive Services of the Department.

      (Added to NRS by 2005, 22nd Special Session, 2)

      NRS 422A.035  “Division of Health Care Financing and Policy” defined.  “Division of Health Care Financing and Policy” means the Division of Health Care Financing and Policy of the Department.

      (Added to NRS by 2005, 22nd Special Session, 2)

      NRS 422A.037  “Division of Public and Behavioral Health” defined.  “Division of Public and Behavioral Health” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      (Added to NRS by 2013, 1307)

      NRS 422A.040  “Food Stamp Assistance” defined.  [Replaced in revision by NRS 422A.072.]

 

      NRS 422A.045  “Low-Income Home Energy Assistance” defined.  “Low-Income Home Energy Assistance” means the program established to assist persons of low income to meet the costs of heating and cooling their homes pursuant to the Low-Income Home Energy Assistance Act of 1981, 42 U.S.C. §§ 8621 et seq., as amended.

      (Added to NRS by 2005, 22nd Special Session, 2)

      NRS 422A.050  “Medicaid” defined.  “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      (Added to NRS by 2005, 22nd Special Session, 2)

      NRS 422A.055  “Program for Child Care and Development” defined.  “Program for Child Care and Development” means the program established to provide assistance for the care and development of children pursuant to 42 U.S.C. §§ 9858 et seq.

      (Added to NRS by 2005, 22nd Special Session, 2)

      NRS 422A.060  “Program for the Enforcement of Child Support” defined.  “Program for the Enforcement of Child Support” means the program established to locate absent parents, establish paternity and obtain child support pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq., and other provisions of that act relating to the enforcement of child support.

      (Added to NRS by 2005, 22nd Special Session, 2)

      NRS 422A.065  “Public assistance” defined.

      1.  “Public assistance” includes:

      (a) State Supplementary Assistance;

      (b) Temporary Assistance for Needy Families;

      (c) Medicaid;

      (d) Supplemental Nutrition Assistance;

      (e) Low-Income Home Energy Assistance;

      (f) The Program for Child Care and Development;

      (g) Benefits provided pursuant to any other public welfare program administered by the Division pursuant to such additional federal legislation as is not inconsistent with the purposes of this chapter; and

      (h) Benefits provided pursuant to any other public welfare program administered by the Division of Health Care Financing and Policy pursuant to chapter 422 of NRS.

      2.  The term does not include the Children’s Health Insurance Program.

      (Added to NRS by 2005, 22nd Special Session, 2; A 2013, 1309)

      NRS 422A.070  “State Supplementary Assistance” defined.  “State Supplementary Assistance” means the program established to provide state assistance to persons who are aged or blind in connection with the Supplemental Security Income Program.

      (Added to NRS by 2005, 22nd Special Session, 3)

      NRS 422A.072  “Supplemental Nutrition Assistance” defined.  “Supplemental Nutrition Assistance” means the program established to provide persons of low income with an opportunity to purchase a more nutritious diet pursuant to the Food Stamp Act of 1977, 7 U.S.C. §§ 2011 et seq., as amended.

      (Added to NRS by 2005, 22nd Special Session, 2; A 2013, 1309)—(Substituted in revision for NRS 422A.040)

      NRS 422A.075  “Supplemental Security Income Program” defined.  “Supplemental Security Income Program” means the program established for persons who are aged, blind or disabled pursuant to Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 et seq., as amended.

      (Added to NRS by 2005, 22nd Special Session, 3)

      NRS 422A.080  “Temporary Assistance for Needy Families” defined.  “Temporary Assistance for Needy Families” means the program established to provide temporary assistance for needy families pursuant to Title IV of the Social Security Act, 42 U.S.C. §§ 601 et seq., and other provisions of that act relating to temporary assistance for needy families.

      (Added to NRS by 2005, 22nd Special Session, 3)

      NRS 422A.085  Eligibility of persons who are not citizens or nationals of United States for state or local public benefits.

      1.  Notwithstanding any other provision of state or local law, a person or governmental entity that provides a state or local public benefit:

      (a) Shall comply with the provisions of 8 U.S.C. § 1621 regarding the eligibility of a person who is not a citizen or national of the United States for such a benefit.

      (b) Is not required to pay any costs or other expenses relating to the provision of such a benefit after July 1, 1997, to a person who is not a citizen or national of the United States who, pursuant to 8 U.S.C. § 1621, is not eligible for the benefit.

      2.  Compliance with the provisions of 8 U.S.C. § 1621 must not be construed to constitute any form of discrimination, distinction or restriction made, or any other action taken, on the basis of national origin.

      3.  As used in this section, “state or local public benefit” has the meaning ascribed to it in 8 U.S.C. § 1621.

      (Added to NRS by 2005, 22nd Special Session, 3; A 2013, 1309)

STATE BOARD OF WELFARE AND SUPPORTIVE SERVICES

      NRS 422A.110  Creation; appointment of members.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422A.115  Qualifications and removal of members.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422A.120  Meetings; quorum; notice of meetings; minutes; audio recordings or transcripts.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422A.125  Officers.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422A.130  Compensation of members and employees.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422A.135  Powers and duties.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

ADMINISTRATOR OF DIVISION OF WELFARE AND SUPPORTIVE SERVICES

      NRS 422A.155  Qualifications.

      1.  The Administrator must:

      (a) Be selected on the basis of his or her training, experience, capacity and interest in public welfare services.

      (b) Have not less than 3 years of demonstrated successful experience in the administration of a public agency, with responsibility for general direction of programs of the public agency and determination of policies for the implementation of programs of the public agency, or any equivalent combination of training and experience.

      (c) Possess qualities of leadership.

      2.  In appointing the Administrator, the Director shall, to the extent practicable, give preference to a person who has a degree in a field of social science, public administration, business administration or a related field.

      (Added to NRS by 2005, 22nd Special Session, 4; A 2005, 25; 2013, 1310)

      NRS 422A.160  Executive Officer of Division; administration and management of Division.  The Administrator:

      1.  Shall serve as the Executive Officer of the Division.

      2.  Shall establish policies for the administration of the programs of the Division and shall administer all activities and services of the Division in accordance with those policies and any regulations of the Administrator, subject to administrative supervision by the Director.

      3.  Is responsible for the management of the Division.

      (Added to NRS by 2005, 22nd Special Session, 4)

      NRS 422A.165  Reports.  The Administrator shall make:

      1.  Such reports, subject to approval by the Director, as will comply with the requirements of federal legislation and this chapter.

      2.  A biennial report to the Director on the condition, operation and functioning of the Division.

      (Added to NRS by 2005, 22nd Special Session, 4; A 2013, 1310)

      NRS 422A.170  Fiscal duties.  The Administrator:

      1.  Is responsible for and shall supervise the fiscal affairs and responsibilities of the Division, subject to administrative supervision by the Director.

      2.  Shall present the biennial budget of the Division to the Legislature in conjunction with the Budget Division of the Department of Administration.

      3.  Shall allocate, in the interest of efficiency and economy, the State’s appropriation for the administration of each program for which the Division is responsible, subject to administrative supervision by the Director.

      (Added to NRS by 2005, 22nd Special Session, 5)

      NRS 422A.175  Organization of Division; appointment of heads of sections; employees; standards of service.  The Administrator:

      1.  May establish, consolidate and abolish sections within the Division.

      2.  Shall organize the Division to comply with the requirements of this chapter and with the standards required by federal legislation, subject to approval by the Director.

      3.  Shall appoint the heads of the sections of the Division.

      4.  May employ such assistants and employees as may be necessary for the efficient operation of the Division.

      5.  Shall set standards of service.

      (Added to NRS by 2005, 22nd Special Session, 5)

      NRS 422A.180  Administration of oaths by Administrator and Director; testimony of witnesses; subpoenas.

      1.  The Administrator or a representative designated by the Administrator may administer oaths and take testimony thereunder and issue subpoenas requiring the attendance of witnesses before the Division at a designated time and place and the production of books, papers and records relative to eligibility or continued eligibility for public assistance.

      2.  The Director or a representative designated by the Director may administer oaths and take testimony thereunder and issue subpoenas requiring the attendance of witnesses before the Department at a designated time and place and the production of books, papers and records relative to verification of treatment and payments to a provider of medical care, remedial care or other services pursuant to the State Plan for Medicaid.

      3.  If a witness fails to appear or refuses to give testimony or to produce books, papers and records as required by a subpoena issued pursuant to this section, the district court of the county in which the investigation is being conducted may compel the attendance of the witness, the giving of testimony and the production of books, papers and records as required by the subpoena.

      (Added to NRS by 2005, 22nd Special Session, 5)

      NRS 422A.185  Adoption of regulations.  The Administrator may adopt such regulations as are necessary for the administration of this chapter and any program of the Division.

      (Added to NRS by 2005, 22nd Special Session, 5)

      NRS 422A.190  Procedure for adopting, amending or repealing regulations.

      1.  Before adopting, amending or repealing any regulation for the administration of a program of public assistance or any other program for which the Division is responsible, the Administrator must give at least 30 days’ notice of the intended action.

      2.  The notice of intent to act upon a regulation must:

      (a) Include a statement of the need for and purpose of the proposed regulation, and either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon.

      (b) Include a statement identifying the entities that may be financially affected by the proposed regulation and the potential financial impact, if any, upon local government.

      (c) State each address at which the text of the proposed regulation may be inspected and copied.

      (d) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the Administrator for that purpose.

      3.  All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing. The Administrator shall consider fully all oral and written submissions relating to the proposed regulation.

      4.  The Administrator shall keep, retain and make available for public inspection written minutes and an audio recording or transcript of each public hearing held pursuant to this section in the manner provided in NRS 241.035. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.

      5.  No objection to any regulation on the ground of noncompliance with the procedural requirements of this section may be made more than 2 years after its effective date.

      (Added to NRS by 2005, 22nd Special Session, 5; A 2005, 1412; 2013, 331)

      NRS 422A.195  General and miscellaneous powers and duties.  The Administrator shall:

      1.  Supply the Director with material on which to base proposed legislation.

      2.  Cooperate with the Federal Government and state governments for the more effective attainment of the purposes of this chapter.

      3.  Coordinate the activities of the Division with other agencies, both public and private, with related or similar activities.

      4.  Keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to the office of the Administrator.

      5.  Inform the public in regard to the activities and operation of the Division, and provide other information which will acquaint the public with problems relating to welfare.

      6.  Conduct studies into the causes of the social problems with which the Division is concerned.

      7.  Provide leadership in the community in order that all welfare activities are pointed toward the single goal of improving the public welfare.

      8.  Invoke any legal, equitable or special procedures for the enforcement of his or her orders or the enforcement of the provisions of this chapter.

      9.  Exercise any other powers that are necessary and proper for the standardization of state work, to expedite business, to ensure fair consideration of applications for aid and to promote the efficiency of the service provided by the Division.

      (Added to NRS by 2005, 22nd Special Session, 6)

ADMINISTRATION AND PROCEDURE

      NRS 422A.230  Legislative appropriations; disbursements.

      1.  Money to carry out the provisions of this chapter, including, without limitation, any federal money allotted to the State of Nevada pursuant to the program to provide Temporary Assistance for Needy Families and the Program for Child Care and Development, must be provided by appropriation by the Legislature from the State General Fund.

      2.  Disbursements for the purposes of this chapter must be made upon claims duly filed and allowed in the same manner as other money in the State Treasury is disbursed.

      (Added to NRS by 2005, 22nd Special Session, 7)

      NRS 422A.235  Deposit of money received for certain programs in appropriate accounts of Division in State General Fund.  Any federal money allotted to the State of Nevada for public assistance programs and other programs for which the Division is responsible and such other money as may be received by the State for such purposes must, except as otherwise provided in NRS 425.363, be deposited in the appropriate accounts of the Division in the State General Fund.

      (Added to NRS by 2005, 22nd Special Session, 7)

      NRS 422A.240  Acceptance of Social Security Act and federal money.

      1.  The State of Nevada assents to the purposes of the Act of Congress of the United States entitled the “Social Security Act,” approved August 14, 1935, and assents to such additional federal legislation as is not inconsistent with the purposes of this chapter and NRS 432.010 to 432.085, inclusive.

      2.  The State of Nevada further accepts, with the approval of the Governor, the appropriations of money by Congress in pursuance of the Social Security Act and authorizes the receipt of such money into the State Treasury for the use of the Department in accordance with this chapter, NRS 432.010 to 432.085, inclusive, and the conditions imposed by the Social Security Act.

      3.  The State of Nevada may accept, with the approval of the Governor, any additional funds which may become or are made available for extension of programs and services administered by the Department under the provisions of the Social Security Act. Such money must be deposited in the State Treasury for the use of the Department in accordance with this chapter, NRS 432.010 to 432.085, inclusive, and the conditions and purposes under which granted by the Federal Government.

      (Added to NRS by 2005, 22nd Special Session, 7)

      NRS 422A.245  Acceptance of increased benefits of future congressional legislation; regulations.  If Congress passes any law increasing the participation of the Federal Government in a Nevada program for public assistance, whether relating to eligibility for assistance or otherwise:

      1.  The Director may accept, with the approval of the Governor, the increased benefits of such congressional legislation; and

      2.  The Administrator may adopt any regulations required by the Federal Government as a condition of acceptance.

      (Added to NRS by 2005, 22nd Special Session, 7)

      NRS 422A.250  Contract or agreement with Federal Government by Director.  The Director shall have the power to sign and execute, in the name of the State, by “The Department of Health and Human Services,” any contract or agreement with the Federal Government or its agencies.

      (Added to NRS by 2005, 22nd Special Session, 7)

      NRS 422A.252  Contracts for cooperation with governmental entities and others; effect of payments to Division for such cooperation; immunity from and limitations on liability not waived.

      1.  For the purposes of this chapter, the Department through the Division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government, any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this State, a public or private corporation, an individual or a group of individuals. Such a contract or agreement may include provisions whereby the Division will provide staff, services or other resources, or any combination thereof, without payment, to further the purposes of the contract or agreement. If the contract or agreement includes a provision whereby the Division is paid for the provision of staff, services or other resources, the payment will be reimbursed directly to the Division’s budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency or political subdivision of any responsibility or liability existing under any provision of law.

      2.  If the Administrator or the Administrator’s designee enters into a contract or agreement pursuant to subsection 1 with a private nonprofit corporation, the contract or agreement may allow:

      (a) The Division to enter and inspect any premises which are related to services provided under the contract or agreement and to inspect any records which are related to services provided under the contract or agreement to ensure the welfare of any consumer served by the private nonprofit corporation under the contract or agreement;

      (b) The Division and the private nonprofit corporation to share confidential information concerning any consumer served by the private nonprofit corporation under the contract or agreement; and

      (c) The private nonprofit corporation to assign rights and obligations of the private nonprofit corporation under the contract or agreement to the Division.

      3.  The State, the Department and the Division do not waive any immunity from liability or limitation on liability provided by law by entering into a contract or agreement pursuant to this section and any such contract or agreement must include a provision to that effect.

      (Added to NRS by 2013, 315)

      NRS 422A.255  Duties of Department regarding welfare activities and services.

      1.  The Department shall:

      (a) Administer all public welfare programs of this State, including:

             (1) State Supplementary Assistance;

             (2) Temporary Assistance for Needy Families;

             (3) Medicaid;

             (4) Supplemental Nutrition Assistance;

             (5) Low-Income Home Energy Assistance;

             (6) The Program for Child Care and Development;

             (7) The Program for the Enforcement of Child Support;

             (8) The Children’s Health Insurance Program; and

             (9) Other welfare activities and services provided for by the laws of this State.

      (b) Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal money granted to the State of Nevada to aid in the furtherance of any of the services and activities set forth in subsection 1.

      (c) Cooperate with the Federal Government in adopting state plans, in all matters of mutual concern, including adoption of methods of administration found by the Federal Government to be necessary for the efficient operation of welfare programs, and in increasing the efficiency of welfare programs by prompt and judicious use of new federal grants which will assist the Department in carrying out the provisions of this chapter.

      (d) Observe and study the changing nature and extent of welfare needs and develop through tests and demonstrations effective ways of meeting those needs and employ or contract for personnel and services supported by legislative appropriations from the State General Fund or money from federal or other sources.

      (e) Enter into reciprocal agreements with other states relative to public assistance, welfare services and institutional care, when deemed necessary or convenient by the Director.

      (f) Make such agreements with the Federal Government as may be necessary to carry out the Supplemental Security Income Program.

      2.  As used in this section, “Program for the Enforcement of Child Support” means the program established to locate absent parents, establish paternity and obtain child support pursuant to Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq., and any other provisions of that act relating to the enforcement of child support.

      (Added to NRS by 2005, 22nd Special Session, 7; A 2013, 1310)

      NRS 422A.260  State plans for certain programs: Development, adoption and revision by Director; Division required to comply.

      1.  The Director shall adopt each state plan required by the Federal Government, either directly or as a condition to the receipt of federal money, for the administration of any public assistance or other program for which the Division is responsible. Such a plan must set forth, regarding the particular program to which the plan applies:

      (a) The requirements for eligibility;

      (b) The nature and amounts of grants and other assistance which may be provided;

      (c) The conditions imposed; and

      (d) Such other provisions relating to the development and administration of the program as the Director deems necessary.

      2.  In developing and revising such a plan, the Director shall consider, among other things:

      (a) The amount of money available from the Federal Government;

      (b) The conditions attached to the acceptance of that money; and

      (c) The limitations of legislative appropriations and authorizations,

Ê for the particular program to which the plan applies.

      3.  The Division shall make available to members of the general public a summary of the State Plan for Temporary Assistance for Needy Families established pursuant to this section.

      4.  The Division shall comply with each state plan adopted pursuant to this section.

      (Added to NRS by 2005, 22nd Special Session, 8)

      NRS 422A.265  Provision of public assistance to qualified persons who are not citizens or nationals of United States.

      1.  The Department shall provide public assistance pursuant to:

      (a) The program established to provide Temporary Assistance for Needy Families;

      (b) Medicaid; or

      (c) Any program for which a grant has been provided to this State pursuant to 42 U.S.C. §§ 1397 et seq.,

Ê to a qualified person who is not a citizen or national of the United States who complies with the requirements established by the Department pursuant to federal law and this chapter for the receipt of benefits pursuant to that program.

      2.  A person who is not a citizen or national of the United States is considered “qualified” for the purposes of subsection 1 if the person meets the requirements of 8 U.S.C. § 1641(b).

      (Added to NRS by 2005, 22nd Special Session, 9; A 2013, 1311)

      NRS 422A.270  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 2005, 22nd Special Session, 9)

      NRS 422A.275  Appeal to Department by applicant for or recipient of public assistance or services; notice of initial decision; hearing.

      1.  Subject to the provisions of subsection 2, if an application for public assistance or claim for services is not acted upon by the Department within a reasonable time after the filing of the application or claim for services, or is denied in whole or in part, or if any grant of public assistance or claim for services is reduced, suspended or terminated, the applicant for or recipient of public assistance or services may appeal to the Department and may be represented in the appeal by counsel or by another representative chosen by the applicant or recipient.

      2.  Upon the initial decision to deny, reduce, suspend or terminate public assistance or services, the Department 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 Department shall notify that person of the time, place and nature of the hearing. The Department shall provide an opportunity for a hearing of that appeal and shall review the case regarding all matters alleged in that appeal.

      3.  The Department 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 amount of public assistance or services that may be received by an applicant or recipient.

      (Added to NRS by 2005, 22nd Special Session, 9)

      NRS 422A.280  Hearing: Rights of parties; informal disposition; record; transcribing of oral proceedings; findings of fact; limitation on participation of employee or representative of Department in decision.

      1.  At any hearing held pursuant to the provisions of subsection 2 of NRS 422A.275, 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 Department who investigated or made the initial decision to deny, modify or cancel a grant of public assistance or services shall not participate in the making of any decision made pursuant to the hearing.

      (Added to NRS by 2005, 22nd Special Session, 9)

      NRS 422A.285  Hearing: Evidence.  In any hearing held pursuant to the provisions of subsection 2 of NRS 422A.275:

      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 2005, 22nd Special Session, 10)

      NRS 422A.290  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,

Ê 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 2005, 22nd Special Session, 10; A 2007, 174)

      NRS 422A.295  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 Department or an applicant for or recipient of public assistance or services 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 public assistance or services 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 Department.

      (Added to NRS by 2005, 22nd Special Session, 10)

      NRS 422A.300  Judicial review: Taking of additional evidence; limitations on review; grounds for reversal; appeal to Supreme Court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      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 Supreme Court. The appeal must be taken in the manner provided for civil cases.

      (Added to NRS by 2005, 22nd Special Session, 10)

      NRS 422A.300  Judicial review: Taking of additional evidence; limitations on review; grounds for reversal; appeal to appellate court. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

      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 2005, 22nd Special Session, 10; A 2013, 1782, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

      NRS 422A.305  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.

      (Added to NRS by 2005, 22nd Special Session, 11)

      NRS 422A.310  Family planning service; birth control.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422A.315  Provision of prenatal care to pregnant women who are indigent; provision of information concerning availability of prenatal care; regulations.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422A.320  Custody, use, preservation and confidentiality of records, files and communications concerning applicants for and recipients of public assistance or assistance pursuant to Children’s Health Insurance Program.

      1.  To restrict the use or disclosure of any information concerning applicants for and recipients of public assistance or assistance pursuant to the Children’s Health Insurance Program to purposes directly connected to the administration of this chapter, and to provide safeguards therefor, under the applicable provisions of the Social Security Act, the Division shall establish and enforce reasonable regulations governing the custody, use and preservation of any records, files and communications filed with the Division.

      2.  If, pursuant to a specific statute or a regulation of the Division, names and addresses of, or information concerning, applicants for and recipients of assistance, including, without limitation, assistance pursuant to the Children’s Health Insurance Program, are furnished to or held by any other agency or department of government, such agency or department of government is bound by the regulations of the Division prohibiting the publication of lists and records thereof or their use for purposes not directly connected with the administration of this chapter.

      3.  Except for purposes directly connected with the administration of this chapter, no person may publish, disclose or use, or permit or cause to be published, disclosed or used, any confidential information pertaining to a recipient of assistance, including, without limitation, a recipient of assistance pursuant to the Children’s Health Insurance Program, under the provisions of this chapter.

      (Added to NRS by 2005, 22nd Special Session, 12)

      NRS 422A.325  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 2005, 22nd Special Session, 12)

      NRS 422A.330  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 the assistance being affected in any way by an amending or repealing act.

      (Added to NRS by 2005, 22nd Special Session, 12)

      NRS 422A.335  Administrative duties of Administrator and Division.  The Administrator and the Division shall administer the provisions of this chapter, subject to administrative supervision by the Director.

      (Added to NRS by 2005, 22nd Special Session, 6)

      NRS 422A.3351  Application for Medicaid: Statements regarding action for recovery and civil liability of recipient.  Each application for Medicaid must include a statement that:

      1.  Any assistance paid on behalf of a recipient may be recovered in an action filed against the estate of the recipient or the spouse of the recipient; and

      2.  Any person who signs an application for Medicaid and fails to report to the Department:

      (a) Any required information which the recipient knew at the time the recipient signed the application; or

      (b) Within the period allowed by the Department, any required information which the recipient obtained after the recipient filed the application,

Ê may be personally liable for any money incorrectly paid to the recipient.

      (Added to NRS by 2013, 1307)

      NRS 422A.3352  Recovery of benefits paid for public assistance 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 public assistance, the estate of the recipient or a person who signed the application for public assistance on behalf of the recipient an amount not to exceed the amount of public assistance incorrectly paid to the recipient, if the person who signed the application:

      (a) Failed to report any required information to the Department 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 public assistance;

      (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 incorrectly paid public assistance or a person who signed the application for public benefits on behalf of the recipient shall reimburse the Department or appropriate state agency for the value of the incorrectly paid public assistance.

      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 public assistance, the estate of the recipient or a person who signed the application for public assistance on behalf of the recipient.

      4.  The Director may, to the extent that it is not prohibited by federal law, waive the repayment of public assistance incorrectly paid to a recipient 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.

      5.  As used in this section, “public assistance” does not include Medicaid.

      (Added to NRS by 2013, 1308)

      NRS 422A.340  Gifts and grants of money to Division: Deposit in Division of Welfare and Supportive Services’ Gift and Cooperative Account; use; approval of claims by Administrator.

      1.  Any gifts or grants of money which the Division is authorized to accept must be deposited in the State Treasury to the credit of the Division of Welfare and Supportive Services’ Gift and Cooperative Account in the Department of Health and Human Services’ Gift Fund.

      2.  Money in the Account must be used for welfare purposes only and expended in accordance with the terms of the gift or grant.

      3.  All claims must be approved by the Administrator before they are paid.

      (Added to NRS by 2005, 22nd Special Session, 7)

      NRS 422A.345  Eligibility for certain public assistance of person convicted of felony involving possession, use or distribution of controlled substance.

      1.  Except as otherwise provided in subsection 2, a person who has been convicted of a felony after August 22, 1996, an element of which is the possession, use or distribution of a controlled substance, is not eligible to receive any public assistance for which denial is required by 21 U.S.C. § 862a.

      2.  A person who has been convicted of a felony described in subsection 1 may be determined to be eligible for assistance if that person is participating in or has successfully completed a program for the treatment of the abuse of controlled substances that has been approved by the Division and:

      (a) Demonstrates to the satisfaction of the Division that he or she has not possessed, used or distributed controlled substances since he or she began the program; or

      (b) Is pregnant and a physician has certified in writing that the health and safety of the mother and the unborn child are dependent upon the receipt of benefits.

      3.  As used in this section, “controlled substance” has the meaning ascribed to it in 21 U.S.C. § 802(6).

      (Added to NRS by 2005, 22nd Special Session, 12)

      NRS 422A.350  Identification and referral of victims of domestic violence; restricted disclosure of determination.

      1.  The Division shall:

      (a) Periodically evaluate recipients of public assistance pursuant to this chapter to identify recipients who are victims of domestic violence.

      (b) Refer a recipient who it determines is a victim of domestic violence to appropriate counseling or other supportive services available in the community in which the recipient resides.

      2.  Except as otherwise provided in this subsection, the Division shall not disclose to any person other than the victim that a determination of domestic violence has been made pursuant to this section. The Division may disclose the information to the Secretary of Health and Human Services or his or her designee for the purposes of including that information in the Federal Parent Locator Service established pursuant to 42 U.S.C. § 653.

      (Added to NRS by 2005, 22nd Special Session, 13)

      NRS 422A.355  Recipients of public assistance: Immunization of dependent children.

      1.  Except as otherwise provided in subsection 3, as a condition to the receipt of public assistance, a recipient must:

      (a) Ensure that each dependent child for whom the recipient is receiving assistance has received the standard immunizations established for children by the regulations adopted pursuant to NRS 439.550.

      (b) Within 6 months after the determination of the eligibility of the recipient for public assistance, submit to the Division, in the manner specified in NRS 432A.230 and 432A.260 for admission to a child care facility, proof that each dependent child for whom the recipient is receiving assistance has received those standard immunizations.

      2.  The Division shall advise each recipient of the availability of those standard immunizations through clinics for the immunization of children held pursuant to NRS 439.535.

      3.  The Division shall waive the requirements of subsection 1 if the failure to immunize a dependent child is because of a religious belief or medical condition and the recipient submits to the Division a written statement of that fact in the manner specified in NRS 432A.240 or 432A.250 for admission to a child care facility.

      4.  A head of a household that is receiving benefits pursuant to the program to provide Temporary Assistance for Needy Families who does not comply with the requirements of this section:

      (a) Shall be deemed to have failed to comply with the terms of the plan for personal responsibility signed by the head of the household pursuant to NRS 422A.535; and

      (b) Is subject to the penalties prescribed by the Division pursuant to NRS 422A.560 for failing to comply with the terms of that plan.

      (Added to NRS by 2005, 22nd Special Session, 13)

      NRS 422A.360  Recipients of public assistance: Attendance of children at school and assistance with their academic performance.

      1.  A recipient who has control or charge of a child who is not less than 7 years of age, but is less than 12 years of age, must comply with the provisions of NRS 392.040 with respect to that child.

      2.  If the head of a household that is receiving benefits pursuant to the program to provide Temporary Assistance for Needy Families has control or charge of a child who is not less than 7 years of age, but is less than 12 years of age, the head of the household shall take every reasonable action to ensure that the child is not at risk of failing to advance to the next grade level in school.

      3.  If the head of a household that is receiving benefits pursuant to the program to provide Temporary Assistance for Needy Families has control or charge of a child who is not less than 7 years of age, but is less than 12 years of age and:

      (a) The head of the household does not comply with the provisions of NRS 392.040 with respect to that child; or

      (b) That child is at risk of failing to advance to the next grade level in school,

Ê the Division shall require the head of the household to review with the Division the personal responsibility plan signed by the head of household pursuant to NRS 422A.535 and revise the plan as necessary to assist the head of the household in complying with the provisions of NRS 392.040 and helping the child to improve his or her academic performance.

      (Added to NRS by 2005, 22nd Special Session, 13; A 2013, 1311)

      NRS 422A.362  Denial of application for Children’s Health Insurance Program: Notice; review of case and hearing; regulations; review by court.

      1.  If the Division denies an application for the Children’s Health Insurance Program, the Division shall provide written notice of the decision to the applicant. An applicant who disagrees with the denial of the application may request a review of the case and a hearing before an impartial hearing officer by filing a written request within 30 days after the date of the notice of the decision at the address specified in the notice.

      2.  The Division shall adopt regulations regarding the review and hearing before an impartial hearing officer. The decision of the hearing officer must be in writing.

      3.  The applicant may, at any time within 30 days after the date on which the written decision is mailed, petition the district court of the judicial district in which the applicant resides to review the decision. The district court shall review the decision on the record. The decision and record must be certified as correct and filed with the court by the Administrator.

      4.  The review by the court must be in accordance with NRS 422.279.

      (Added to NRS by 2013, 1308)

      NRS 422A.365  Prohibition against denial, reduction, discontinuance or termination of public assistance in violation of federal requirements.  Notwithstanding any other provision of this chapter, the Division shall not, pursuant to this chapter, deny, reduce, discontinue or terminate any public assistance in violation of any requirement of federal law or condition to the receipt of federal money.

      (Added to NRS by 2005, 22nd Special Session, 14)

      NRS 422A.370  Expedited application for treatment or services for certain persons.

      1.  If a person who is referred for treatment for mental health issues, treatment for substance abuse or any other treatment or service by an agency which provides child welfare services or by a court in a case involving a report of child abuse or neglect, the Division shall expedite the application of the person for such treatment or services to ensure that the person receives the treatment or services in a timely manner.

      2.  As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (Added to NRS by 2009, 329)

FINANCIAL RESPONSIBILITY OF RELATIVES

      NRS 422A.460  Liability of spouse or parent for minor child.

      1.  Spouse for spouse and parents for minor children are liable for the support of an applicant for or recipient of public assistance.

      2.  The Division shall investigate the ability of responsible relatives to contribute to the support of an applicant for or recipient of public assistance and shall determine the amount of such support for which such relative is responsible.

      (Added to NRS by 2005, 22nd Special Session, 14)

      NRS 422A.465  Written statement of responsible relative; perjury.  Written statements of information required from responsible relatives of applicants or recipients need not be under oath, but any person signing such statements who willfully states therein as true any material matter which the person knows to be false is subject to all the penalties for perjury as provided by law.

      (Added to NRS by 2005, 22nd Special Session, 14)

      NRS 422A.470  Enforcement of support by legal action.  The Division shall advise the Attorney General of the failure of a responsible relative to contribute to the support of a recipient of public assistance as required by law. The Attorney General shall cause appropriate legal action to be taken to enforce such support and, in addition, may collect a reasonable fee which must be added to the costs of the action in any justice court of the State, the expense of such fee and costs to be borne by the relative. Any fees collected by the Attorney General under the provisions of this section must be deposited in the State General Fund in the State Treasury.

      (Added to NRS by 2005, 22nd Special Session, 14)

      NRS 422A.475  Liability of relative not grounds for denying or discontinuing public assistance; acceptance of assistance constitutes consent by recipient to suit against responsible relative.  The liability of a relative to contribute to the support of a recipient of public assistance established by this chapter is not grounds for denying or discontinuing public assistance to any person, but by accepting such public assistance, the recipient thereof shall be deemed to consent to suit in his or her name by the county against such responsible living relative or relatives and to secure an order for his or her support.

      (Added to NRS by 2005, 22nd Special Session, 14)

PROGRAM TO PROVIDE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

      NRS 422A.500  Definitions.  As used in NRS 422A.500 to 422A.600, inclusive, unless the context otherwise requires, the words and terms defined in NRS 422A.505 to 422A.520, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2005, 22nd Special Session, 14)

      NRS 422A.505  “Benefit” defined.  “Benefit” means any benefit provided by the Division pursuant to the program.

      (Added to NRS by 2005, 22nd Special Session, 14)

      NRS 422A.510  “Head of household” defined.  “Head of household” means a member of a household who receives benefits on behalf of the household and is responsible for complying with the plan for personal responsibility required by NRS 422A.535 and the agreement of cooperation required by NRS 422A.540.

      (Added to NRS by 2005, 22nd Special Session, 15)

      NRS 422A.515  “Household” defined.  “Household” means an association of persons who:

      1.  Live in the same home or dwelling;

      2.  Are related by blood, adoption or marriage; and

      3.  Are mutually dependent on each other for the basic necessities of life.

      (Added to NRS by 2005, 22nd Special Session, 15)

      NRS 422A.520  “Program” defined.  “Program” means the program established to provide Temporary Assistance for Needy Families.

      (Added to NRS by 2005, 22nd Special Session, 15)

      NRS 422A.525  Powers and duties of Administrator.  The Administrator:

      1.  Shall adopt regulations for the administration of the program;

      2.  May contract with any state or private agency to provide any of the services of the program; and

      3.  May receive a grant of money from the Federal Government or any other source to defray the costs of the program.

      (Added to NRS by 2005, 22nd Special Session, 15; A 2013, 1623)

      NRS 422A.530  Assessment of members of applicant’s household required before provision of benefits; referrals for mental health services.

      1.  The Division shall make an assessment of the skills, prior work experience and employability of each member of the applicant’s household.

      2.  The assessment required pursuant to subsection 1 must include an evaluation of whether the members of the household need additional services, including, without limitation, job training, child care, treatment for the abuse of alcohol or drugs, mental health services or any other services.

      3.  The applicant must, as a condition to the receipt of those benefits, cooperate with the Division in making the assessment required pursuant to subsection 1.

      4.  If the assessment required pursuant to subsection 1 indicates that a member of the household may require mental health services, the Division shall refer that member of the household to a person professionally qualified in the field of psychiatric mental health.

      5.  As used in this section, “person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.

      (Added to NRS by 2005, 22nd Special Session, 15)

      NRS 422A.535  Plan for personal responsibility of household: Establishment; contents; execution; expiration; review; amendment.

      1.  The Division shall, with the participation of the head of a household who is applying for benefits, establish a written plan for personal responsibility for the household. The plan for personal responsibility must be based on the assessment made pursuant to NRS 422A.530 and 42 U.S.C. § 608.

      2.  In addition to the requirements set forth in 42 U.S.C. § 608, the plan required pursuant to subsection 1 must:

      (a) Identify the role of each member of the household and the obligations of each member pursuant to the plan;

      (b) Be signed by the head of the household within 60 days after the head of household is determined to be eligible for benefits; and

      (c) Specify a date, not later than 24 months after the date the plan becomes effective, upon which the plan will expire.

      3.  The Division shall periodically review the plan required pursuant to subsection 1 to determine whether the needs of the household have changed. The Division may, with the participation of the head of the household, amend the plan as it deems appropriate.

      4.  If a member of the household is an unmarried parent who is less than 18 years of age, the plan required pursuant to subsection 1 must include a provision which:

      (a) Requires the head of the household to ensure that the unmarried parent attends training to learn the skills necessary to care for the child; and

      (b) Encourages the head of the household to ensure that the unmarried parent participates in a program which provides mentors for unmarried parents who are less than 18 years of age.

      (Added to NRS by 2005, 22nd Special Session, 15)

      NRS 422A.540  Agreement of cooperation: Establishment; execution; contents.

      1.  The Administrator shall establish by regulation an agreement of cooperation that must be signed by the head of a household as a condition to the receipt of benefits.

      2.  The agreement required pursuant to subsection 1 must include a statement of:

      (a) The actions that the members of the household are expected to take as a condition to the receipt of benefits; and

      (b) The penalties that may be imposed by the Division pursuant to NRS 422A.560 for failing to comply with the provisions of the agreement or the plan for personal responsibility signed by the head of the household pursuant to NRS 422A.535.

      (Added to NRS by 2005, 22nd Special Session, 16)

      NRS 422A.545  Period for action on application for benefits.  Within 45 days after an applicant for benefits submits an application to the Division, the Division shall:

      1.  Approve the application and begin providing benefits to the applicant; or

      2.  Deny benefits to the applicant.

      (Added to NRS by 2005, 22nd Special Session, 16)

      NRS 422A.550  Performance of work by head of household: Requirement; failure to comply; regulations.

      1.  Subject to the provisions of 42 U.S.C. § 607(e), the Division shall require each head of a household who is not suffering from a hardship described in subsection 7 of NRS 422A.570 to perform work:

      (a) Within a reasonable time after the Division determines that the head of the household is capable of finding and performing work; or

      (b) Not later than the date on which the head of the household has received benefits for 24 months, regardless of whether those months are consecutive or cumulative,

Ê whichever occurs earlier.

      2.  A head of a household who does not comply with the requirements of this section:

      (a) Shall be deemed to have failed to comply with the terms of the plan for personal responsibility signed by the head of household pursuant to NRS 422A.535; and

      (b) Is subject to the penalties prescribed by the Division pursuant to NRS 422A.560 for the failure to comply with the terms of that plan.

      3.  The Administrator shall adopt regulations setting forth the activities that will constitute work for the purposes of this section.

      (Added to NRS by 2005, 22nd Special Session, 16)

      NRS 422A.555  Exemption of head of household from requirement to complete program of job training; exceptions.

      1.  Except as otherwise provided in this section, if the plan for personal responsibility signed by the head of a household pursuant to NRS 422A.535 includes a requirement that the head of the household complete a program of job training, the Division may exempt the head of the household from that requirement upon determining that:

      (a) The head of the household:

             (1) Is ill or physically incapacitated;

             (2) Must care for an ill or incapacitated member of the household;

             (3) Is receiving payments or is awaiting approval for the receipt of payments pursuant to the Supplemental Security Income Program;

             (4) Is a single custodial parent of a child who is less than 1 year of age;

             (5) Is not a recipient of benefits but receives benefits on behalf of a member of the household who is a dependent;

             (6) Is a person who is:

                   (I) Sixty years of age or older;

                   (II) The caretaker of a child; and

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

             (7) Is pregnant and has been deemed unable to work by her physician; or

      (b) Any other good cause exists to exempt the head of the household from the requirement to complete the program of job training.

      2.  A head of a household may not claim the exemption prescribed in subparagraph (4) of paragraph (a) of subsection 1 for more than 12 months during his or her lifetime, regardless of whether those months are consecutive or cumulative.

      3.  The Division shall not exempt a head of a household pursuant to this section if the exemption would violate a requirement of federal law or a condition to the receipt of federal money.

      (Added to NRS by 2005, 22nd Special Session, 16)

      NRS 422A.560  Failure to comply with plan for personal responsibility or agreement of cooperation: Notification of head of household; reduction or termination of benefits; regulations.

      1.  Except as otherwise provided in this section:

      (a) If the Division determines that the head of a household has not complied with the terms of the plan for personal responsibility signed by the head of the household pursuant to NRS 422A.535 or the agreement of cooperation signed by the head of the household pursuant to NRS 422A.540, the Division shall notify the head of household that if the failure to comply does not cease within 30 days after the head of household is notified of the failure to comply, the benefits provided to the household will be reduced pursuant to paragraph (b).

      (b) The Division shall adopt regulations establishing a schedule of progressive penalties pursuant to which the benefits to the household will be reduced or terminated because of the failure of the head of the household to comply with the terms of the plan.

      2.  The Division shall not reduce, discontinue or terminate any benefits pursuant to this section if the reduction, discontinuance or termination would violate a requirement of federal law or a condition to the receipt of federal money.

      (Added to NRS by 2005, 22nd Special Session, 17)

      NRS 422A.565  Compliance with federal prohibitions on receipt of benefits.  The Division shall not provide benefits to a person who is prohibited from receiving benefits pursuant to 42 U.S.C. § 608(a).

      (Added to NRS by 2005, 22nd Special Session, 17)

      NRS 422A.570  Limitations on periods for receipt of benefits; exceptions; denial or suspension of benefits to comply with federal limitation.

      1.  Except as otherwise provided in subsection 2, a household that receives benefits for 24 months, regardless of whether those months are consecutive or cumulative, is prohibited from receiving additional benefits for 12 consecutive months unless the head of the household is suffering from a hardship.

      2.  The household may receive additional benefits for not more than 6 additional months, regardless of whether those months are consecutive or cumulative, if the Administrator determines that providing benefits to the household will significantly increase the likelihood that the head of the household will become self-sufficient and will not need to apply for benefits in the future. A household that receives any additional benefits pursuant to this subsection is prohibited from receiving benefits for 12 consecutive months after the additional benefits cease to be provided unless the head of the household is suffering from a hardship.

      3.  The Division shall not provide benefits to a household if an adult member of that household has received benefits from this or any other state for 60 months, regardless of whether those months are consecutive or cumulative, unless the head of the household is suffering from a hardship.

      4.  Except as otherwise provided in subsections 5 and 6, a household that is receiving benefits beyond the period prescribed in subsection 1, 2 or 3 because the head of the household is suffering from a hardship may continue to receive benefits for as long as the head of the household suffers from the hardship. Once the head of the household no longer suffers from the hardship, the household is not eligible to receive benefits:

      (a) For 12 consecutive months if the household has not received benefits from this or any other state for 60 months, regardless of whether those months are consecutive or cumulative; or

      (b) During the lifetime of the head of the household if the household has received benefits from this or any other state for 60 months, regardless of whether those months are consecutive or cumulative, unless the head of the household again suffers from a hardship.

      5.  A household that is receiving benefits pursuant to this section because the head of the household is suffering from a hardship described in paragraph (c) of subsection 7 may not receive benefits pursuant to this section solely because of that hardship for more than 12 months during the lifetime of the head of the household.

      6.  Notwithstanding any other provision of this section, if the Administrator determines that the denial or suspension of benefits provided to a household solely because the head of the household is deemed to be suffering from a hardship is necessary to ensure that this State does not exceed the limitation set forth in 42 U.S.C. § 608(a)(7)(C), the Administrator may deny or suspend such benefits. The Administrator shall send written notice to a household whose benefits will be denied or suspended pursuant to this subsection.

      7.  For the purposes of this section, the head of a household shall be deemed to be suffering from a hardship if the Division determines that the head of household:

      (a) Is ill or physically or mentally incapacitated;

      (b) Must care for an ill or incapacitated member of the household;

      (c) Is a single custodial parent of a child who is less than 1 year of age;

      (d) Is not a recipient of benefits but receives benefits on behalf of a member of the household who is a dependent;

      (e) Is an unmarried parent who:

             (1) Is less than 18 years of age; and

             (2) Complies with the requirements set forth in 42 U.S.C. §§ 608(a)(4) and 608(a)(5);

      (f) Is a person who is:

             (1) Sixty years of age or older;

             (2) The caretaker of a child; and

             (3) A relative, other than a parent, of that child; or

      (g) Is suffering from any other condition or circumstance that the Administrator deems to be a hardship.

      (Added to NRS by 2005, 22nd Special Session, 17)

      NRS 422A.575  Provision of transitional assistance to head of household.

      1.  If the plan for personal responsibility signed by the head of a household pursuant to NRS 422A.535 includes a provision providing for the payment of transitional assistance to the head of the household, the Division may provide transitional assistance to the head of the household if the household becomes ineligible for benefits for one or more of the reasons described in 42 U.S.C. § 608(a)(11). The Division shall not provide transitional assistance pursuant to this section for more than 12 consecutive months.

      2.  As used in this section, “transitional assistance” means:

      (a) Assistance provided by the Division to low-income families to pay for the costs of child care; or

      (b) Medicaid provided pursuant to the plan administered by the Department pursuant to NRS 422.271.

      (Added to NRS by 2005, 22nd Special Session, 19)

      NRS 422A.580  Payment of certain expenses of applicant determined not to be in need of long-term benefits.

      1.  The Division may, within the limitations of available funding, provide for the payment by the Division of certain expenses on behalf of an applicant for benefits if the Division determines that the applicant is not in need of long-term benefits.

      2.  If the Division provides for the payment of expenses pursuant to subsection 1, the Division shall specify the expenses for which payment may be made.

      (Added to NRS by 2005, 22nd Special Session, 19)

      NRS 422A.585  Program to promote self-sufficiency of certain parents: Establishment; participation.

      1.  The Division shall, within the limitations of available funding, establish a program which promotes the self-sufficiency of a natural father whose paternity is presumed pursuant to NRS 126.051 or a noncustodial parent of a child for whom benefits are being received by a household.

      2.  If a natural father whose paternity is presumed pursuant to NRS 126.051 or a noncustodial parent of a child for whom benefits are being received by a household chooses to participate in the program established pursuant to subsection 1, the Division may, within the limitations of available funding, increase the amount of benefits provided to the head of the household on behalf of the child.

      (Added to NRS by 2005, 22nd Special Session, 19)

      NRS 422A.590  Encouragement of employment opportunities.  The Division shall, through its regional offices, encourage public and private entities to provide employment opportunities for members of households that are receiving benefits.

      (Added to NRS by 2005, 22nd Special Session, 19)

      NRS 422A.595  Enforcement of court orders for support of children against parents of certain noncustodial parents.

      1.  The Chief of the Program for the Enforcement of Child Support of the Division or the designee of the Chief may enforce a court order for the support of a child against the parents of a noncustodial parent of a child if:

      (a) The custodial parent and noncustodial parent of the child are both less than 18 years of age; and

      (b) The custodial parent of the child is a member of a household that is receiving benefits.

      2.  If the Chief or his or her designee enforces a court order against the parents of a noncustodial parent pursuant to subsection 1, the parents of the noncustodial parent are jointly and severally liable for the payments required pursuant to the order.

      (Added to NRS by 2005, 22nd Special Session, 19)

      NRS 422A.600  Waiver of requirements of chapter for certain victims of domestic violence.  Notwithstanding any other provision of this chapter, if the Division determines that:

      1.  The head of a household is a victim of domestic violence pursuant to NRS 422A.350; and

      2.  Requiring the head of the household to comply with the requirements of this chapter or the regulations adopted pursuant thereto may endanger or threaten the physical safety of the head of the household,

Ê the Division may waive those requirements for such a period as it deems appropriate.

      (Added to NRS by 2005, 22nd Special Session, 19)

PROGRAM TO ASSIST RELATIVES WHO HAVE LEGAL GUARDIANSHIP OF CHILDREN

      NRS 422A.650  Establishment and administration of program; qualifications for participation in program; assistance provided by program; adoption of regulations.

      1.  The Department, through a division of the Department designated by the Director, shall establish and administer a program to provide supportive assistance to qualifying relatives of children who provide care for and obtain the legal guardianship of those children.

      2.  As a condition to the provision of any supportive assistance pursuant to this section:

      (a) The child must:

             (1) Have been placed in the care of a qualifying relative for not less than 6 months; and

             (2) If the child is 14 years of age or older, consent to the legal guardianship; and

      (b) The qualifying relative must:

             (1) Reside in this State;

             (2) Have attained such a minimum age as the Department specifies by regulation;

             (3) Verify his or her relationship to the child; and

             (4) File for and obtain court approval of the legal guardianship and comply with any requirements imposed by the court.

      3.  The supportive assistance provided pursuant to this section must include, within the limitations of available funding:

      (a) Reimbursement of all or a portion of the legal fees incurred by the qualifying relative to establish the legal guardianship;

      (b) Payments of not more than the amount that the Department would provide to a foster parent if the child had been placed in foster care;

      (c) Assistance with:

             (1) Child care;

             (2) Respite care; and

             (3) Transportation; and

      (d) Any other assistance the Department deems appropriate.

      4.  The Department shall adopt such regulations as are necessary to carry out the provisions of this section.

      5.  As used in this section, unless the context otherwise requires, “qualifying relative” means a person specified in 45 C.F.R. § 233.90(c)(1)(v)(A).

      (Added to NRS by 2005, 22nd Special Session, 20)

UNLAWFUL ACTS; PENALTIES

      NRS 422A.700  Fraudulent acts; penalties.

      1.  Unless a different penalty is provided pursuant to NRS 422.361 to 422.369, inclusive, or 422.450 to 422.590, inclusive, a person who knowingly and designedly, by any false pretense, false or misleading statement, impersonation or misrepresentation, obtains or attempts to obtain monetary or any other public assistance, or money, property, medical or remedial care or any other service provided pursuant to the Children’s Health Insurance Program, having a value of $100 or more, whether by one act or a series of acts, with the intent to cheat, defraud or defeat the purposes of this chapter is guilty of a category E 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.  For the purposes of subsection 1, whenever a recipient of Temporary Assistance for Needy Families pursuant to the provisions of this chapter receives an overpayment of benefits for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the Division of a change in circumstances which would affect the amount of assistance the recipient receives, a rebuttable presumption arises that the payment was fraudulently received.

      3.  For the purposes of subsection 1, “public assistance” includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.

      (Added to NRS by 2005, 22nd Special Session, 20)