[Rev. 11/21/2013 11:31:39 AM--2013]

TITLE 38 - PUBLIC WELFARE

CHAPTER 422 - HEALTH CARE FINANCING AND POLICY

GENERAL PROVISIONS

NRS 422.001           Definitions.

NRS 422.003           “Administrator” defined.

NRS 422.021           “Children’s Health Insurance Program” defined.

NRS 422.030           “Department” defined.

NRS 422.040           “Director” defined.

NRS 422.041           “Division” defined.

NRS 422.042           “Food Stamp Assistance” defined. [Repealed.]

NRS 422.045           “Low-Income Home Energy Assistance” defined. [Repealed.]

NRS 422.046           “Medicaid” defined.

NRS 422.048           “Program for Child Care and Development” defined. [Repealed.]

NRS 422.050           “Public assistance” defined.

NRS 422.0525         “State Supplementary Assistance” defined. [Repealed.]

NRS 422.053           “Supplemental Security Income Program” defined. [Repealed.]

NRS 422.0535         “Temporary Assistance for Needy Families” defined. [Repealed.]

NRS 422.054           “Undivided estate” defined.

NRS 422.061           Purposes of Division.

NRS 422.065           Eligibility of persons who are not citizens or nationals of United States for state or local public benefits.

MEDICAL CARE ADVISORY GROUP

NRS 422.151           Creation; function.

NRS 422.153           Composition; terms and compensation of members.

NRS 422.155           Chair; Secretary; meetings; subcommittees.

ADMINISTRATOR OF DIVISION OF HEALTH CARE FINANCING AND POLICY

NRS 422.2354         Qualifications.

NRS 422.2356         Executive Officer of Division; administration and management of Division.

NRS 422.2358         Reports.

NRS 422.2362         Fiscal duties.

NRS 422.2364         Organization of Division; appointment of heads of sections; employees; standards of service.

NRS 422.2366         Administration of oaths; testimony of witnesses; subpoenas.

NRS 422.2368         Adoption of regulations.

NRS 422.2369         Procedure for adopting, amending or repealing regulations.

NRS 422.2372         General and miscellaneous powers and duties.

NRS 422.2374         Cooperation with Medicaid Fraud Control Unit; suspension or exclusion of provider of goods or services under State Plan for Medicaid.

ADMINISTRATION AND PROCEDURE

NRS 422.240           Legislative appropriations; disbursements.

NRS 422.245           Deposit of money received for certain programs in appropriate accounts of Division in State General Fund. [Repealed.]

NRS 422.260           Acceptance of Social Security Act and federal money.

NRS 422.265           Acceptance of increased benefits of future congressional legislation; regulations.

NRS 422.267           Contract or agreement with Federal Government by Director.

NRS 422.270           Duties of Department regarding Medicaid and Children’s Health Insurance Program.

NRS 422.2703         Department required to establish and maintain system for electronic submission of applications for Medicaid or Children’s Health Insurance Program.

NRS 422.2705         Contracts for provision of certain transportation services for recipients of Medicaid and recipients of services pursuant to Children’s Health Insurance Program.

NRS 422.2708         Amendment of home and community-based services waiver to include as medical assistance under Medicaid funding of assisted living supportive services for senior citizens who reside in certain assisted living facilities.

NRS 422.271           State plans for certain programs: Development, adoption and revision by Director; Division required to comply.

NRS 422.2712         State plans for certain programs: Reporting of certain rates of reimbursement for physicians.

NRS 422.2713         State plans for certain programs: Priority access to treatment and services for certain parents.

NRS 422.2715         Program to provide medical assistance to certain persons who are employed and have disabilities.

NRS 422.2716         Provision of public assistance to qualified aliens. [Repealed.]

NRS 422.2717         State Plan for Medicaid: Inclusion of requirement that independent foster care adolescents are eligible for Medicaid.

NRS 422.2718         State Plan for Medicaid: Inclusion of requirement for payment of certain expenses related to administration of human papillomavirus vaccine.

NRS 422.272           State Plan for Medicaid: Inclusion of requirement for payment of certain costs.

NRS 422.2723         State Plan for Medicaid: Inclusion of requirement for payment of certain costs relating to dialysis and emergency care to treat kidney failure.

NRS 422.273           Establishment, development and implementation of Medicaid managed care program.

NRS 422.2748         Cooperation with Medicaid Fraud Control Unit.

NRS 422.275           Legal advisers for Division.

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.

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.

NRS 422.2775         Hearing: Evidence.

NRS 422.278           Hearing: Person with communications disability entitled to services of interpreter.

NRS 422.2785         Contents and delivery of decision or order of hearing officer; petition for judicial review; filing of decision and record with court.

NRS 422.279           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 422.279           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 422.280           Forms of reports and records to be kept by persons subject to supervision or investigation by Division.

NRS 422.284           Family planning service; birth control.

NRS 422.287           Provision of prenatal care to pregnant women who are indigent; provision of information concerning availability of prenatal care; regulations.

NRS 422.288           Enrollment of eligible Indian children in Children’s Health Insurance Program: Duty of Department to seek assistance of and cooperate with Indian tribes; immediate action required; certain contracts for provision of services required.

NRS 422.290           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 422.291           Assistance not assignable or subject to process or bankruptcy law.

NRS 422.292           Assistance subject to future amending and repealing acts.

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.

NRS 422.293001     Subrogation: Notice to Department of recipient’s claim; statute of limitations tolled until notice received.

NRS 422.293003     Subrogation: Department required to provide notice of amount of lien; enforceability of lien.

NRS 422.293005     Subrogation: Liability for failure to comply with provisions.

NRS 422.29301       Administration of provisions concerning recovery of amounts incorrectly paid for recipient of Medicaid.

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.

NRS 422.29304       Recovery of amounts paid for Medicaid under certain circumstances; powers and duties of Department; duty to reimburse Department; waiver of repayment.

NRS 422.29306       Imposition and release of lien on property of recipient of Medicaid.

NRS 422.29308       Application for Medicaid: Statements regarding action for recovery and civil liability of recipient. [Repealed.]

NRS 422.301           Administrative duties of Administrator and Division.

NRS 422.302           Gifts and grants of money to Division: Deposit in Gift and Cooperative Account of the Division of Health Care Financing and Policy; use; approval of claims by Administrator.

NRS 422.303           Reimbursement of registered nurse for certain services provided to person eligible for Medicaid.

NRS 422.304           Reimbursement for services for hospice care provided to person eligible for Medicaid.

NRS 422.3045         Denial of application for Children’s Health Insurance Program: Notice; review of case and hearing; regulations; review by court. [Repealed.]

NRS 422.305           Confidentiality of information obtained in investigation of provider of services under State Plan for Medicaid.

NRS 422.306           Hearing to review action taken against provider of services under State Plan for Medicaid; regulations; appeal of final decision.

MEDICAID CARDS

NRS 422.361           Definitions.

NRS 422.362           “Cardholder” defined.

NRS 422.363           “Medicaid card” defined.

NRS 422.364           “Plan” defined.

NRS 422.365           “Receives” defined.

NRS 422.366           Unlawful acts: Obtaining or possessing card without consent of holder of card; presumption from possession of card; penalty.

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.

NRS 422.368           Unlawful acts: Use of forged, expired or revoked card to obtain benefits; receipt of benefits by misrepresentation; penalty.

NRS 422.369           Unlawful acts: Fraud by person authorized to provide care to holder of card; penalty.

ASSESSMENT OF FEES ON NURSING FACILITIES TO INCREASE QUALITY OF NURSING CARE

NRS 422.3755         Definitions.

NRS 422.376           “Facility for intermediate care” defined.

NRS 422.3765         “Facility for skilled nursing” defined.

NRS 422.3771         “Nursing facility” defined.

NRS 422.3775         Payment of fee; amount of fee; allowable cost for Medicaid reimbursement purposes.

NRS 422.378           Report by nursing facility to Division.

NRS 422.3785         Creation of Account to Increase the Quality of Nursing Care; deposit of money for credit to Account; expenditures from Account; consequence of federal law prohibiting certain expenditures from Account.

NRS 422.379           Administrative penalties for late payment of fee; recoupment of fees and administrative penalties.

PAYMENTS TO CERTAIN HOSPITALS FOR TREATMENT OF INDIGENT PATIENTS

NRS 422.380           Definitions.

NRS 422.3805         Federal waivers: Duties of Administrator.

NRS 422.382           Intergovernmental transfers of money from counties to Division; deposit in Intergovernmental Transfer Account in State General Fund; administration by Division.

NRS 422.385           Disproportionate share payments from Medicaid Budget Account; transfer of money from Intergovernmental Transfer Account.

NRS 422.387           Calculation of disproportionate share payments; verification of eligibility for disproportionate share payments; Director authorized to negotiate terms of amendment to State Plan for Medicaid with Centers for Medicare and Medicaid Services of United States Department of Health and Human Services.

NRS 422.390           Regulations; quarterly report.

PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO PERSONS WITH PHYSICAL DISABILITIES

NRS 422.395           “Person with a physical disability” defined. [Repealed.]

NRS 422.396           Establishment and administration of program; application for federal waiver to amend State Plan for Medicaid; contracting for services; adoption of regulations.

NRS 422.397           Reports by Director. [Repealed.]

PRESCRIPTION DRUGS

NRS 422.401           Definitions.

NRS 422.4015         “Committee” defined.

NRS 422.402           “Drug Use Review Board” defined.

NRS 422.4025         List of preferred prescription drugs used for Medicaid program; list of drugs excluded from restrictions; role of Pharmacy and Therapeutics Committee; availability of new pharmaceutical products and products for which there is new evidence. [Effective through June 30, 2015.]

NRS 422.4025         List of preferred prescription drugs used for Medicaid program; list of drugs excluded from restrictions; role of Pharmacy and Therapeutics Committee; availability of new pharmaceutical products and products for which there is new evidence. [Effective July 1, 2015.]

NRS 422.403           Establishment and management of use by Medicaid program of step therapy and prior authorization; duties of Drug Use Review Board; acceptance of recommendations from Board.

NRS 422.4035         Pharmacy and Therapeutics Committee: Creation; membership.

NRS 422.404           Pharmacy and Therapeutics Committee: Chair; terms; vacancies; meetings; quorum.

NRS 422.4045         Pharmacy and Therapeutics Committee: Members serve without compensation; members entitled to per diem; members holding public office or employed by governmental entity.

NRS 422.405           Pharmacy and Therapeutics Committee: Duties and powers.

NRS 422.4055         Advisory Committee to the Pharmacy and Therapeutics Committee and the Drug Use Review Board: Creation; membership; Chair; terms; vacancies; members serve without compensation; members entitled to per diem; members holding public office or employed by governmental entity.

NRS 422.406           Regulations; contracts for services.

UNLAWFUL ACTS; PENALTIES

General Provisions

NRS 422.410           Fraudulent acts; penalties.

 

State Plan for Medicaid

NRS 422.450           Definitions.

NRS 422.460           “Benefit” defined.

NRS 422.470           “Claim” defined.

NRS 422.480           “Plan” defined.

NRS 422.490           “Provider” defined.

NRS 422.500           “Recipient” defined.

NRS 422.510           “Records” defined.

NRS 422.520           “Sign” defined.

NRS 422.525           “Statement or representation” defined.

NRS 422.530           Responsibility for false claim, statement or representation.

NRS 422.540           Offenses regarding false claims, statements or representations; penalties.

NRS 422.550           Statement regarding truth and accuracy of applications, reports and invoices; perjury; presumption concerning person who signs statement on behalf of provider.

NRS 422.560           Offenses regarding sale, purchase or lease of goods, services, materials or supplies; penalty.

NRS 422.570           Intentional failure to maintain adequate records; intentional destruction of records; penalties.

NRS 422.580           Civil penalties for certain violations; liability of provider for excess amount unknowingly accepted; enforcement; use of money collected as penalty or repayment.

NRS 422.590           Limitation and accrual of actions.

_________

GENERAL PROVISIONS

      NRS 422.001  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 422.003 to 422.054, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1993, 2057; A 1995, 2566; 1997, 1237, 2232, 2615; 1999, 581, 1426, 2242; 2001, 161; 2005, 22nd Special Session, 21)

      NRS 422.003  “Administrator” defined.  “Administrator” means the Administrator of the Division.

      (Added to NRS by 2005, 22nd Special Session, 21)

      NRS 422.021  “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 1999, 1426)

      NRS 422.030  “Department” defined.  “Department” means the Department of Health and Human Services.

      [Part 2:327:1949; 1943 NCL § 5146.02]—(NRS A 1963, 902; 1967, 1153; 1973, 1406; 1993, 2059; 2005, 22nd Special Session, 21)

      NRS 422.040  “Director” defined.  “Director” means the Director of the Department.

      [Part 2:327:1949; 1943 NCL § 5146.02]—(NRS A 1963, 902; 1967, 1153; 1973, 1406; 1993, 2059)

      NRS 422.041  “Division” defined.  “Division” means the Division of Health Care Financing and Policy of the Department.

      (Added to NRS by 1997, 2612; A 1999, 2242; 2005, 22nd Special Session, 21)

      NRS 422.042  “Food Stamp Assistance” defined.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422.045  “Low-Income Home Energy Assistance” defined.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422.046  “Medicaid” defined.  “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      (Added to NRS by 1997, 1236)

      NRS 422.048  “Program for Child Care and Development” defined.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422.050  “Public assistance” defined.  “Public assistance” has the meaning ascribed to it in NRS 422A.065.

      [Part 12a:327:1949; added 1951, 296; A 1953, 333]—(NRS A 1959, 518; 1975, 1007; 1981, 1909; 1993, 2059; 1995, 724; 1997, 1237, 2233, 2615; 1999, 581, 1426, 2242; 2001, 161; 2005, 22nd Special Session, 21; 2013, 1303)

      NRS 422.0525  “State Supplementary Assistance” defined.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422.053  “Supplemental Security Income Program” defined.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422.0535  “Temporary Assistance for Needy Families” defined.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422.054  “Undivided estate” defined.  “Undivided estate” means all real and personal property and other assets included in the estate of a deceased recipient of Medicaid and any other real and personal property and other assets in or to which the deceased recipient had an interest or legal title immediately before or at the time of his or her death, to the extent of that interest or title. The term includes, without limitation, assets conveyed to a survivor, heir or assign of the deceased recipient through or as the result of any joint tenancy, tenancy in common, survivorship, life estate, living trust, annuity, declaration of homestead or other arrangement.

      (Added to NRS by 1995, 2565; A 1997, 1237; 1999, 877; 2003, 872)

      NRS 422.061  Purposes of Division.  The purposes of the Division are:

      1.  To ensure that the Medicaid provided by this State and the insurance provided pursuant to the Children’s Health Insurance Program in this State are provided in the manner that is most efficient to this State.

      2.  To evaluate alternative methods of providing Medicaid and providing insurance pursuant to the Children’s Health Insurance Program.

      3.  To review Medicaid, the Children’s Health Insurance Program and other health programs of this State to determine the maximum amount of money that is available from the Federal Government for such programs.

      4.  To promote access to quality health care for all residents of this State.

      5.  To restrain the growth of the cost of health care in this State.

      (Added to NRS by 2005, 22nd Special Session, 21)

      NRS 422.065  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 1997, 2224; A 2013, 1303)

MEDICAL CARE ADVISORY GROUP

      NRS 422.151  Creation; function.

      1.  The Medical Care Advisory Group is hereby created within the Division.

      2.  The function of the Medical Care Advisory Group is to:

      (a) Advise the Division regarding the provision of services for the health and medical care of welfare recipients.

      (b) Participate, and increase the participation of welfare recipients, in the development of policy and the administration of programs by the Division.

      (Added to NRS by 1975, 1093; A 1993, 2060; 1997, 2617; 1999, 2242; 2005, 22nd Special Session, 22)

      NRS 422.153  Composition; terms and compensation of members.

      1.  The Medical Care Advisory Group consists of the Chief Medical Officer and:

      (a) A person who:

             (1) Holds a license to practice medicine in this state; and

             (2) Is certified by the Board of Medical Examiners in a medical specialty.

      (b) A person who holds a license to practice dentistry in this state.

      (c) A person who holds a certificate of registration as a pharmacist in this state.

      (d) A member of a profession in the field of health care who is familiar with the needs of persons of low income, the resources required for their care and the availability of those resources.

      (e) An administrator of a hospital or a clinic for health care.

      (f) An administrator of a facility for intermediate care or a facility for skilled nursing.

      (g) A member of an organized group that provides assistance, representation or other support to recipients of Medicaid.

      (h) A recipient of Medicaid.

      2.  The Director shall appoint each member required by paragraphs (a) to (h), inclusive, of subsection 1 to serve for a term of 1 year.

      3.  Members of the Medical Care Advisory Group serve without compensation, except that while engaged in the business of the Advisory Group, each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      (Added to NRS by 1975, 1093; A 1985, 421; 1993, 2060; 1997, 1237)

      NRS 422.155  Chair; Secretary; meetings; subcommittees.

      1.  The Director shall appoint a Chair of the Medical Care Advisory Group from among its members.

      2.  The Administrator or the designee of the Administrator shall serve as Secretary for the Medical Care Advisory Group.

      3.  The Medical Care Advisory Group:

      (a) Shall meet at least once each calendar year.

      (b) May, upon the recommendation of the Chair, form subcommittees for decisions and recommendations concerning specific problems within the scope of the functions of the Medical Care Advisory Group.

      (Added to NRS by 1975, 1093; A 1993, 2061; 1997, 2617; 1999, 2242; 2005, 22nd Special Session, 22)

ADMINISTRATOR OF DIVISION OF HEALTH CARE FINANCING AND POLICY

      NRS 422.2354  Qualifications.  The Administrator must:

      1.  Be appointed on the basis of his or her training, education, experience and interest in the financing of programs for public health, including, without limitation, the financing of Medicaid.

      2.  Be a graduate in public administration, business administration or a similar area of study from an accredited college or university.

      3.  Have not less than 3 years of demonstrated successful experience in the financing of health care or other public programs, and not less than 1 year of experience relating to Medicaid, or any equivalent combination of training and experience.

      4.  Possess qualities of leadership in the fields of health care and the financing of health care.

      (Added to NRS by 1997, 2612; A 1999, 2242)

      NRS 422.2356  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 1997, 2613; A 1999, 2242; 2005, 22nd Special Session, 22)

      NRS 422.2358  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 1997, 2613; A 1999, 2242; 2005, 22nd Special Session, 22)

      NRS 422.2362  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 1997, 2613; A 1999, 2242; 2005, 22nd Special Session, 22)

      NRS 422.2364  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 1997, 2613; A 1999, 2242; 2005, 22nd Special Session, 22)

      NRS 422.2366  Administration of oaths; testimony of witnesses; subpoenas.

      1.  The Administrator or a designated representative 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:

      (a) Eligibility or continued eligibility to provide medical care, remedial care or other services pursuant to the State Plan for Medicaid or the Children’s Health Insurance Program;

      (b) Verification of treatment and payments to a provider of medical care, remedial care or other services pursuant to the State Plan for Medicaid or the Children’s Health Insurance Program; and

      (c) Recovery of Medicaid benefits paid on behalf of a recipient of medical care, remedial care or other services pursuant to the State Plan for Medicaid or the Children’s Health Insurance Program.

      2.  If a witness fails to appear or refuses to give testimony or to produce books, papers and records as required by the subpoena, 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 1997, 2613; A 1999, 2227, 2242; 2005, 22nd Special Session, 23; 2011, 2521)

      NRS 422.2368  Adoption of regulations.  The Administrator may adopt such regulations as are necessary for the administration of this chapter.

      (Added to NRS by 1997, 2614; A 1999, 2242; 2003, 2747; 2005, 22nd Special Session, 23)

      NRS 422.2369  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.  An objection to any regulation on the ground of noncompliance with the procedural requirements of this section may not be made more than 2 years after its effective date.

      (Added to NRS by 1999, 2225; A 2005, 1413; 2005, 22nd Special Session, 23; 2013, 330)

      NRS 422.2372  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 the financing of Medicaid programs.

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

      7.  Invoke any legal, equitable or special procedures for the enforcement of orders issued by the Administrator or the enforcement of the provisions of this chapter.

      8.  Exercise any other powers that are necessary and proper for the standardization of state work, to expedite business and to promote the efficiency of the service provided by the Division.

      (Added to NRS by 1997, 2614; A 1999, 2242; 2003, 2747; 2005, 22nd Special Session, 24)

      NRS 422.2374  Cooperation with Medicaid Fraud Control Unit; suspension or exclusion of provider of goods or services under State Plan for Medicaid.

      1.  The Administrator shall:

      (a) Promptly comply with a request from the Unit for access to and free copies of any records or other information in the possession of the Division regarding a provider;

      (b) Refer to the Unit all cases in which the Administrator suspects that a provider has committed an offense pursuant to NRS 422.540 to 422.570, inclusive; and

      (c) Suspend or exclude a provider who the Administrator determines has committed an offense pursuant to NRS 422.540 to 422.570, inclusive, from participation as a provider or an employee of a provider, for a minimum of 3 years. A criminal action need not be brought against the provider before suspension or exclusion pursuant to this subsection.

      2.  As used in this section:

      (a) “Provider” means a person who has applied to participate or who participates in the State Plan for Medicaid as the provider of goods or services.

      (b) “Unit” means the Medicaid Fraud Control Unit established in the Office of the Attorney General pursuant to NRS 228.410.

      (Added to NRS by 1997, 2614; A 1999, 2242; 2005, 22nd Special Session, 24)

ADMINISTRATION AND PROCEDURE

      NRS 422.240  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 State Plan for Medicaid, the Children’s Health Insurance Program or any other program for which the Division is responsible must, except as otherwise provided in NRS 422.3755 to 422.379, inclusive, and 439.630, be provided by appropriation by the Legislature from the State General Fund.

      2.  Disbursements for the purposes of this chapter must, except as otherwise provided in NRS 422.3755 to 422.379, inclusive, and 439.630, be made upon claims duly filed and allowed in the same manner as other money in the State Treasury is disbursed.

      [14:327:1949; 1943 NCL § 5146.14]—(NRS A 1975, 175; 1991, 1051; 1997, 2236, 2621; 1999, 547, 550, 1427, 2242; 2001, 91, 1519; 2003, 629, 873, 1747; 2005, 736, 923, 1674, 2451; 2005, 22nd Special Session, 25; 2011, 2502; 2013, 1303)

      NRS 422.245  Deposit of money received for certain programs in appropriate accounts of Division in State General Fund.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422.260  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.

      [1:327:1949; 1943 NCL § 5146.01]—(NRS A 1963, 905; 1965, 329; 1993, 2693; 2005, 22nd Special Session, 25)

      NRS 422.265  Acceptance of increased benefits of future congressional legislation; regulations.  If Congress passes any law increasing the participation of the Federal Government in any program for which the Division is responsible, 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 1965, 331; A 1993, 2062, 2693; 1995, 674; 1997, 2622; 1999, 2242; 2005, 22nd Special Session, 25; 2013, 1304)

      NRS 422.267  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.

      [Part 9:327:1949; A 1951, 391; 1953, 333]—(NRS A 1963, 904; 1967, 1153; 1973, 1406; 2005, 22nd Special Session, 26)

      NRS 422.270  Duties of Department regarding Medicaid and Children’s Health Insurance Program.  The Department shall:

      1.  Administer Medicaid and the Children’s Health Insurance Program.

      2.  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 Medicaid and the Children’s Health Insurance Program.

      3.  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 Medicaid and the Children’s Health Insurance Program and in increasing the efficiency of Medicaid and the Children’s Health Insurance Program by prompt and judicious use of new federal grants which will assist the Department in carrying out the provisions of this chapter.

      4.  Observe and study the changing nature and extent of needs for Medicaid and the Children’s Health Insurance Program 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.

      5.  Enter into reciprocal agreements with other states relative to Medicaid and institutional care, when deemed necessary or convenient by the Director.

      [Part 10:327:1949; A 1951, 546; 1953, 333]—(NRS A 1963, 905; 1965, 330; 1967, 1054; 1971, 374; 1973, 867; 1975, 1007; 1977, 431; 1981, 1910; 1989, 1155; 1991, 1052; 1993, 2063, 2694, 2787; 1995, 723; 1997, 1239, 2236, 2622, 2623; 1999, 581, 1427, 2242; 2001, 161; 2005, 22nd Special Session, 26; 2013, 1304)

      NRS 422.2703  Department required to establish and maintain system for electronic submission of applications for Medicaid or Children’s Health Insurance Program.

      1.  The Department shall establish and maintain a system which allows an applicant for Medicaid or the Children’s Health Insurance Program to submit the application electronically. The system must allow an applicant to submit an application through the Internet or another on-line service designated by the Department.

      2.  An agency designated by the Director to receive applications or determine eligibility for Medicaid or the Children’s Health Insurance Program shall use the system established pursuant to subsection 1 to forward to the Department all applications received by the agency.

      3.  An applicant for Medicaid or the Children’s Health Insurance Program must not be required to submit an application electronically. If an applicant submits a written application to an agency designated by the Director, the agency shall create an electronic application on behalf of the applicant and use the system established pursuant to subsection 1 to forward the application to the Department.

      (Added to NRS by 2009, 629)

      NRS 422.2705  Contracts for provision of certain transportation services for recipients of Medicaid and recipients of services pursuant to Children’s Health Insurance Program.

      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 or recipients of services pursuant to the Children’s Health Insurance Program traveling to and returning from providers of services under the State Plan for Medicaid or the Children’s Health Insurance Program.

      2.  The Director may adopt regulations concerning the qualifications of persons who may contract with the Department to provide transportation services pursuant to this section.

      3.  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.

      4.  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)

      NRS 422.2708  Amendment of home and community-based services waiver to include as medical assistance under Medicaid funding of assisted living supportive services for senior citizens who reside in certain assisted living facilities.

      1.  The Department shall apply to the Secretary of Health and Human Services to amend its home and community-based services waiver granted pursuant to 42 U.S.C. § 1396n. The waiver must be amended, in addition to providing coverage for any home and community-based services which the waiver covers on June 4, 2005, to authorize the Department to include as medical assistance under Medicaid the funding of assisted living supportive services for senior citizens who reside in assisted living facilities which are certified by the Housing Division of the Department of Business and Industry pursuant to NRS 319.147.

      2.  The Department shall:

      (a) Cooperate with the Federal Government in amending the waiver pursuant to this section;

      (b) If the Federal Government approves the amendments to the waiver, adopt regulations necessary to carry out the provisions of this section, including, without limitation, the criteria to be used in determining eligibility for the assisted living supportive services funded pursuant to subsection 1; and

      (c) Implement the amendments to the waiver only to the extent that the amendments are approved by the Federal Government.

      3.  As used in this section:

      (a) “Assisted living facility” means a residential facility for groups that:

             (1) Satisfies the requirements set forth in subsection 7 of NRS 449.0302; and

             (2) Has staff at the facility available 24 hours a day, 7 days a week, to provide scheduled assisted living supportive services and assisted living supportive services that are required in an emergency in a manner that promotes maximum dignity and independence of residents of the facility.

      (b) “Assisted living supportive services” means services which are provided at an assisted living facility to residents of the assisted living facility, including, without limitation:

             (1) Personal care services;

             (2) Homemaker services;

             (3) Chore services;

             (4) Attendant care;

             (5) Companion services;

             (6) Medication oversight;

             (7) Therapeutic, social and recreational programming; and

             (8) Services which ensure that the residents of the facility are safe, secure and adequately supervised.

      (Added to NRS by 2005, 922)

      NRS 422.271  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 comply with each state plan adopted pursuant to this section.

      (Added to NRS by 1993, 2058; A 1997, 2235, 2621; 1999, 581, 2242; 2005, 22nd Special Session, 26)

      NRS 422.2712  State plans for certain programs: Reporting of certain rates of reimbursement for physicians.

      1.  The Department, with respect to the State Plan for Medicaid and the Children’s Health Insurance Program, shall report every rate of reimbursement for physicians which is provided on a fee-for-service basis and which is lower than the rate provided on the current Medicare fee schedule for care and services provided by physicians.

      2.  The Director shall post on an Internet website maintained by the Department a schedule of such rates of reimbursement.

      3.  The Director shall, on or before February 1 of each year, submit a report concerning the schedule of such rates of reimbursement to the Director of the Legislative Counsel Bureau for transmittal to the Legislature in odd-numbered years or to the Legislative Committee on Health Care in even-numbered years.

      (Added to NRS by 2013, 1302)

      NRS 422.2713  State plans for certain programs: Priority access to treatment and services for certain parents.

      1.  The Director shall, to the extent authorized by federal law, include in any state plan adopted pursuant to NRS 422.271 priority for a parent who is referred by an agency which provides child welfare services and who is qualified for public assistance to receive treatment for mental health issues, treatment for substance abuse and any other treatment or services that may assist with preserving or reunifying the family.

      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)

      NRS 422.2715  Program to provide medical assistance to certain persons who are employed and have disabilities.

      1.  Upon approval of the Interim Finance Committee, the Director, through the Division, shall establish a program for the provision of medical assistance to certain persons who are employed and have disabilities. The Director shall establish the program by:

      (a) Amending the State Plan for Medicaid in the manner set forth in 42 U.S.C. § 1396a(a)(10)(A)(ii)(XIII);

      (b) Amending the State Plan for Medicaid in the manner set forth in 42 U.S.C. § 1396a(a)(10)(A)(ii)(XV); or

      (c) Obtaining a Medicaid waiver from the Federal Government to carry out the program.

      2.  The Director may require a person participating in a program established pursuant to subsection 1 to pay a premium or other cost-sharing charges in a manner that is consistent with federal law.

      (Added to NRS by 2001, 2371; A 2005, 22nd Special Session, 27)

      NRS 422.2716  Provision of public assistance to qualified aliens.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422.2717  State Plan for Medicaid: Inclusion of requirement that independent foster care adolescents are eligible for Medicaid.

      1.  The Director shall include in the State Plan for Medicaid a requirement that an independent foster care adolescent is eligible for Medicaid.

      2.  As used in this section, “independent foster care adolescent” means:

      (a) A person described in 42 U.S.C. § 1396d(w)(1), as that section existed on July 1, 2005; or

      (b) If the Director specifies a different category of adolescents in the manner set forth in 42 U.S.C. § 1396a(a)(10)(A)(ii)(XVII), as that section existed on July 1, 2005, a person who is within such a category.

      (Added to NRS by 2005, 2451)

      NRS 422.2718  State Plan for Medicaid: Inclusion of requirement for payment of certain expenses related to administration of human papillomavirus vaccine.

      1.  The Director shall include in the State Plan for Medicaid a requirement that the State shall pay the nonfederal share of expenses incurred for administering the human papillomavirus vaccine to women and girls at such ages as recommended for vaccination by a competent authority, including, without limitation, the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the Food and Drug Administration or the manufacturer of the vaccine.

      2.  For the purposes of this section, “human papillomavirus vaccine” means the Quadrivalent Human Papillomavirus Recombinant Vaccine or its successor which is approved by the Food and Drug Administration to be used for the prevention of human papillomavirus infection and cervical cancer.

      (Added to NRS by 2007, 3243)

      NRS 422.272  State Plan for Medicaid: Inclusion of requirement for payment of certain costs.

      1.  The Director shall include in the State Plan for Medicaid a requirement that the State shall pay the nonfederal share of expenditures for the medical, administrative and transactional costs, to the extent not covered by private insurance, of a person:

      (a) Who is admitted to a hospital, facility for intermediate care or facility for skilled nursing for not less than 30 consecutive days;

      (b) Who is covered by the State Plan for Medicaid; and

      (c) Whose net countable income per month is not more than a percentage prescribed annually by the Director of the supplemental security income benefit rate established pursuant to 42 U.S.C. § 1382(b)(1). The Director shall ensure that the percentage prescribed pursuant to this paragraph complies with federal law.

      2.  As used in this section:

      (a) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038.

      (b) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

      (c) “Hospital” has the meaning ascribed to it in NRS 449.012.

      (Added to NRS by 1997, 2217; A 1997, 2217, 2705; 1999, 581, 590, 2242, 2754; 2001, 158; 2003, 873; 2011, 2684)

      NRS 422.2723  State Plan for Medicaid: Inclusion of requirement for payment of certain costs relating to dialysis and emergency care to treat kidney failure.

      1.  The Director shall include in the State Plan for Medicaid a requirement that the State shall pay the nonfederal share of expenses incurred in the administration of dialysis that is provided to stabilize a patient with kidney failure and further emergency care necessary for the treatment of such kidney failure.

      2.  For the purposes of this section, “dialysis” means the method by which a dissolved substance is removed from the body of a patient by diffusion, osmosis and convection from one fluid compartment to another fluid compartment across a semipermeable membrane.

      (Added to NRS by 2013, 2265)

      NRS 422.273  Establishment, development and implementation of Medicaid managed care program.

      1.  For any Medicaid managed care program established in the State of Nevada, the Department shall contract only with a health maintenance organization that has:

      (a) Negotiated in good faith with a federally-qualified health center to provide health care services for the health maintenance organization;

      (b) Negotiated in good faith with the University Medical Center of Southern Nevada to provide inpatient and ambulatory services to recipients of Medicaid; and

      (c) Negotiated in good faith with the University of Nevada School of Medicine to provide health care services to recipients of Medicaid.

Ê Nothing in this section shall be construed as exempting a federally-qualified health center, the University Medical Center of Southern Nevada or the University of Nevada School of Medicine from the requirements for contracting with the health maintenance organization.

      2.  During the development and implementation of any Medicaid managed care program, the Department shall cooperate with the University of Nevada School of Medicine by assisting in the provision of an adequate and diverse group of patients upon which the school may base its educational programs.

      3.  The University of Nevada School of Medicine may establish a nonprofit organization to assist in any research necessary for the development of a Medicaid managed care program, receive and accept gifts, grants and donations to support such a program and assist in establishing educational services about the program for recipients of Medicaid.

      4.  For the purpose of contracting with a Medicaid managed care program pursuant to this section, a health maintenance organization is exempt from the provisions of NRS 695C.123.

      5.  The provisions of this section apply to any managed care organization, including a health maintenance organization, that provides health care services to recipients of Medicaid under the State Plan for Medicaid or the Children’s Health Insurance Program pursuant to a contract with the Division. Such a managed care organization or health maintenance organization is not required to establish a system for conducting external reviews of adverse determinations in accordance with chapter 695B, 695C or 695G of NRS. This subsection does not exempt such a managed care organization or health maintenance organization for services provided pursuant to any other contract.

      6.  As used in this section, unless the context otherwise requires:

      (a) “Federally-qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

      (b) “Health maintenance organization” has the meaning ascribed to it in NRS 695C.030.

      (c) “Managed care organization” has the meaning ascribed to it in NRS 695G.050.

      (Added to NRS by 1997, 1236; A 2001, 1927; 2003, 785; 2005, 22nd Special Session, 27; 2011, 3419)

      NRS 422.2748  Cooperation with Medicaid Fraud Control Unit.

      1.  The Director or a representative designated by the Director shall:

      (a) Promptly comply with a request from the Unit for access to and free copies of any records or other information in the possession of the Department regarding a provider; and

      (b) Refer to the Unit all cases in which the Director or designated representative suspects that a provider has committed an offense pursuant to NRS 422.540 to 422.570, inclusive.

      2.  As used in this section:

      (a) “Provider” means a person who has applied to participate or who participates in the State Plan for Medicaid as the provider of goods or services.

      (b) “Unit” means the Medicaid Fraud Control Unit established in the Office of the Attorney General pursuant to NRS 228.410.

      (Added to NRS by 1991, 1050; A 1997, 1238, 2620; 1999, 2242; 2003, 659)—(Substituted in revision for NRS 422.2345)

      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)

      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)

      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)

      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)—(Substituted in revision for NRS 422.297)

      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,

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 1979, 658; A 1997, 2627; 1999, 2242; 2001, 1778; 2005, 22nd Special Session, 29; 2007, 174)

      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)

      NRS 422.279  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 1985, 856; A 1999, 2230)—(Substituted in revision for NRS 422.299)

      NRS 422.279  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 1985, 856; A 1999, 2230; 2013, 1781, 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 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)

      NRS 422.284  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)

      NRS 422.287  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)

      NRS 422.288  Enrollment of eligible Indian children in Children’s Health Insurance Program: Duty of Department to seek assistance of and cooperate with Indian tribes; immediate action required; certain contracts for provision of services required.  The Department shall:

      1.  Seek the assistance of and cooperate with Indian tribes, tribal organizations and organizations that collaborate with Indian tribes to identify Indian children who may be eligible to enroll in the Children’s Health Insurance Program and facilitate the enrollment of such children in the Children’s Health Insurance Program;

      2.  Upon determining that an Indian child is eligible for the Children’s Health Insurance Program, immediately take any necessary action to enroll the child in the Children’s Health Insurance Program; and

      3.  Contract with the Indian Health Service and tribal clinics that provide health care services to Indians to provide health care services to Indian children who are enrolled in the Children’s Health Insurance Program.

      (Added to NRS by 1999, 1426)

      NRS 422.290  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.

      [12:327:1949; 1943 NCL § 5146.12]—(NRS A 1959, 518; 1963, 906; 1991, 1052; 1993, 2694; 1997, 2624; 1999, 2227, 2242; 2005, 22nd Special Session, 30)

      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)

      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)

      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)

      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)

      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)

      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)

      NRS 422.29301  Administration of provisions concerning recovery of amounts incorrectly paid for recipient of Medicaid.  The Director:

      1.  Shall administer the provisions of NRS 422.29302, 422.29304 and 422.29306;

      2.  May adopt such regulations as are necessary for the administration of those provisions; and

      3.  May invoke any legal, equitable or special procedures for the enforcement of those provisions.

      (Added to NRS by 2003, 872; A 2013, 1306)

      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,

Ê whichever is less.

      (Added to NRS by 1993, 917; A 1995, 2566; 1997, 1240, 2237, 2626; 1999, 581, 877, 2242; 2001, 158; 2003, 874)—(Substituted in revision for NRS 422.2935)

      NRS 422.29304  Recovery of amounts paid for Medicaid under certain circumstances; powers and duties of Department; duty to reimburse Department; waiver of repayment.

      1.  Except as otherwise provided in this section, the Department shall, to the extent that it is not prohibited by federal law, recover from a recipient of Medicaid the undivided estate of a recipient of Medicaid or a person who signed the application for Medicaid or for admission to a nursing facility on behalf of the recipient an amount not to exceed the amount incorrectly paid on behalf of the recipient, if the person who signed the application:

      (a) Failed to report any required information to the Department or the nursing facility that the person knew at the time the person signed the application;

      (b) Refused to provide financial information regarding the recipient’s income and assets, including, without limitation, information regarding any transfers or assignments of income or assets;

      (c) Concealed information regarding the existence, transfer or disposition of the recipient’s income and assets with the intent of enabling a recipient to meet any eligibility requirement for Medicaid;

      (d) Made any false representation regarding the recipient’s income and assets, including, without limitation, any information regarding any transfers or assignments of income or assets; or

      (e) Failed to report to the Department or the nursing facility within the period allowed by the Department any required information that the person obtained after the person filed the application.

      2.  Except as otherwise provided in this section, a recipient of Medicaid, the undivided estate of a recipient of Medicaid or a person who signed the application for Medicaid or for admission to a nursing facility on behalf of the recipient shall reimburse the Department or appropriate state agency for the value of the amount incorrectly paid on behalf of the recipient.

      3.  The Director or a person designated by the Director may, to the extent that it is not prohibited by federal law, determine the amount of, and settle, adjust, compromise or deny a claim against a recipient of Medicaid, the undivided estate of a recipient of Medicaid or a person who signed the application for Medicaid or for admission to a nursing facility on behalf of the recipient.

      4.  The Director may, to the extent that it is not prohibited by federal law, waive the repayment of amounts incorrectly paid on behalf of a recipient of Medicaid if the incorrect payment was not the result of an intentional misrepresentation or omission by the recipient and if repayment would cause an undue hardship to the recipient. The Director shall, by regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.

      (Added to NRS by 1999, 876; A 2001, 65; 2003, 875; 2007, 2391; 2013, 1306)

      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,

Ê 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)

      NRS 422.29308  Application for Medicaid: Statements regarding action for recovery and civil liability of recipient.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422.301  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 1997, 2612; A 1999, 2242; 2003, 2748; 2005, 22nd Special Session, 31)

      NRS 422.302  Gifts and grants of money to Division: Deposit in Gift and Cooperative Account of the Division of Health Care Financing and Policy; 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 Gift and Cooperative Account of the Division of Health Care Financing and Policy which is hereby created in the Department of Health and Human Services’ Gift Fund.

      2.  Money in the Account must be used for health care 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 1997, 2615; A 1999, 2242; 2005, 22nd Special Session, 31)

      NRS 422.303  Reimbursement of registered nurse for certain services provided to person eligible for Medicaid.  The Department, through the Division, may reimburse directly, under the State Plan for Medicaid, any registered nurse who is authorized pursuant to chapter 632 of NRS to perform additional acts in an emergency or under other special conditions as prescribed by the State Board of Nursing, for such services rendered under the authorized scope of the registered nurse’s practice to persons eligible to receive that assistance if another provider of health care would be reimbursed for providing those same services.

      (Added to NRS by 1985, 1655; A 1993, 2064; 1997, 1239, 2624; 1999, 2242; 2005, 22nd Special Session, 31)

      NRS 422.304  Reimbursement for services for hospice care provided to person eligible for Medicaid.

      1.  Except as otherwise provided in subsection 2, the Department, through the Division, shall pay, under the State Plan for Medicaid:

      (a) A facility for hospice care licensed pursuant to chapter 449 of NRS for the services for hospice care, including room and board, provided by that facility to a person who is eligible to receive Medicaid.

      (b) A program for hospice care licensed pursuant to chapter 449 of NRS for the services for hospice care provided by that program to a person who is eligible to receive Medicaid.

      2.  The Department, through the Division, is required to pay, under the State Plan for Medicaid, for the services for hospice care provided by a facility or program described in subsection 1 only to the extent that the Federal Government provides matching federal money under Medicaid for the services for hospice care.

      3.  As used in this section:

      (a) “Facility for hospice care” has the meaning ascribed to it in NRS 449.0033.

      (b) “Hospice care” has the meaning ascribed to it in NRS 449.0115.

      (Added to NRS by 1997, 1718; A 1999, 247, 469, 470; 2001, 161; 2005, 486; 2005, 22nd Special Session, 31)

      NRS 422.3045  Denial of application for Children’s Health Insurance Program: Notice; review of case and hearing; regulations; review by court.  Repealed. (See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      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,

Ê 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)

      NRS 422.306  Hearing to review action taken against provider of services under State Plan for Medicaid; regulations; appeal of final decision.

      1.  Upon receipt of a request for a hearing from a provider of services under the State Plan for Medicaid, the Division shall appoint a hearing officer to conduct the hearing. Any employee or other representative of the Division who investigated or made the initial decision regarding the action taken against a provider of services may not be appointed as the hearing officer or participate in the making of any decision pursuant to the hearing.

      2.  The Division shall adopt regulations prescribing the procedures to be followed at the hearing.

      3.  The decision of the hearing officer is a final decision. Any party, including the Division, who is aggrieved by the decision of the hearing officer may appeal that decision to the District Court in and for Carson City by filing a petition for judicial review within 30 days after receiving the decision of the hearing officer.

      4.  A petition for judicial review filed pursuant to this section must be served upon every party within 30 days after the filing of the petition for judicial review.

      5.  Unless otherwise provided by the court:

      (a) Within 90 days after the service of the petition for judicial review, the Division shall transmit to the court the original or a certified copy of the entire record of the proceeding under review, including, without limitation, a transcript of the evidence resulting in the final decision of the hearing officer;

      (b) The petitioner who is seeking judicial review pursuant to this section shall serve and file an opening brief within 40 days after the Division gives written notice to the parties that the record of the proceeding under review has been filed with the court;

      (c) The respondent shall serve and file an answering brief within 30 days after service of the opening brief; and

      (d) The petitioner may serve and file a reply brief within 30 days after service of the answering brief.

      6.  Within 7 days after the expiration of the time within which the petitioner may reply, any party may request a hearing. Unless a request for hearing has been filed, the matter shall be deemed submitted.

      7.  The review of the court must be confined to the record. The court shall not substitute its judgment for that of the hearing officer as to the weight of the evidence on questions of fact. The court may affirm the decision of the hearing officer or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:

      (a) In violation of constitutional or statutory provisions;

      (b) In excess of the statutory authority of the Division;

      (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.

      (Added to NRS by 1987, 1670; A 1997, 1243, 2628; 1999, 581, 2231, 2242; 2005, 22nd Special Session, 32)

MEDICAID CARDS

      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)

      NRS 422.362  “Cardholder” defined.  “Cardholder” means the person named on the face of a Medicaid card to whom or for whose benefit the Medicaid card is issued by the Department.

      (Added to NRS by 1993, 141; A 2003, 660)

      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)

      NRS 422.364  “Plan” defined.  “Plan” means the State Plan for Medicaid established pursuant to NRS 422.271.

      (Added to NRS by 1993, 141; A 1997, 1243)

      NRS 422.365  “Receives” defined.  “Receives” means to acquire possession or control.

      (Added to NRS by 1993, 141)

      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,

Ê 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)

      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,

Ê 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)

      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,

Ê 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)

      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)

ASSESSMENT OF FEES ON NURSING FACILITIES TO INCREASE QUALITY OF NURSING CARE

      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)

      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)

      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)

      NRS 422.3771  “Nursing facility” defined.  “Nursing facility” means a facility for intermediate care or a facility for skilled nursing.

      (Added to NRS by 2003, 2745)

      NRS 422.3775  Payment of fee; amount of fee; 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)

      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)

      NRS 422.3785  Creation of Account to Increase the Quality of Nursing Care; deposit of money for credit to Account; expenditures from Account; 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)

      NRS 422.379  Administrative penalties for late payment of fee; recoupment of fees and administrative penalties.

      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)

PAYMENTS TO CERTAIN HOSPITALS FOR TREATMENT OF INDIGENT PATIENTS

      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)

      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)

      NRS 422.382  Intergovernmental transfers of money from counties to Division; deposit in Intergovernmental Transfer Account in State General Fund; administration by Division.

      1.  The money transferred to the Division in accordance with the regulations adopted pursuant to paragraph (a) of subsection 1 of NRS 422.390 must not come from any source of funding that could result in any reduction in revenue to the State pursuant to 42 U.S.C. § 1396b(w).

      2.  Any money collected in accordance with the regulations adopted pursuant to subsection 1 of NRS 422.390, including any interest or penalties imposed for a delinquent payment, must be deposited in the State Treasury for credit to the Intergovernmental Transfer Account in the State General Fund to be administered by the Division.

      3.  The interest and income earned on money in the Intergovernmental Transfer Account, after deducting any applicable charges, must be credited to the Account.      (Added to NRS by 1993, 1967; A 1995, 1427, 1430; 1997, 2630; 1999, 2242; 2001, 3114; 2003, 2990; 2005, 22nd Special Session, 35; 2009, 2293)

      NRS 422.385  Disproportionate share payments from Medicaid Budget Account; transfer of money from Intergovernmental Transfer Account.

      1.  The disproportionate share payments made to hospitals must be made, to the extent allowed by the State Plan for Medicaid, from the Medicaid Budget Account.

      2.  The money in the Intergovernmental Transfer Account must be transferred from that Account to the Medicaid Budget Account to the extent that money is available from the Federal Government for proposed expenditures, including expenditures for administrative costs. If the amount in the Account exceeds the amount authorized for expenditure by the Division for the purposes of making disproportionate share payments, the Division is authorized to expend the additional revenue in accordance with the provisions of the State Plan for Medicaid.

      3.  If enough money is available to support Medicaid and to make the disproportionate share payments, money in the Intergovernmental Transfer Account may be transferred:

      (a) To an account established for the provision of health care services to uninsured children pursuant to a federal program in which at least 50 percent of the cost of such services is paid for by the Federal Government, including, without limitation, the Children’s Health Insurance Program; or

      (b) To carry out the provisions of NRS 439B.350 and 439B.360.

      (Added to NRS by 1991, 2335; A 1993, 1969; 1995, 1428, 1430; 1997, 1244, 1546, 2631; 1999, 581, 2232, 2242; 2001, 3115; 2003, 2991; 2005, 22nd Special Session, 35; 2009, 2294)

      NRS 422.387  Calculation of disproportionate share payments; verification of eligibility for disproportionate share payments; Director authorized to negotiate terms of amendment to State Plan for Medicaid with Centers for Medicare and Medicaid Services of United States Department of Health and Human Services.

      1.  The State Plan for Medicaid must provide the methodology for:

      (a) Calculating the initial distribution of the disproportionate share payments in accordance with the regulations adopted pursuant to NRS 422.390;

      (b) Adjusting the disproportionate share payment to a hospital if the annual audit of the hospital demonstrates that the disproportionate share payment made to the hospital was greater than the amount of money which the hospital was eligible to receive; and

      (c) Redistributing any amount of disproportionate share payments which are returned to the Division as a result of the adjustments made in accordance with paragraph (b).

      2.  The State Plan for Medicaid or, if the Division deems necessary, the Division may require a hospital to submit any documentation or other information to verify eligibility for a disproportionate share payment or compliance with the requirements of NRS 422.380 to 422.390, inclusive. A disproportionate share payment may not be calculated for or made to a hospital which fails to provide the Division with documentation or other information that is required by the State Plan for Medicaid or the Division.

      3.  Except as otherwise provided in subsection 4, the State Plan for Medicaid must be consistent with the provisions of NRS 422.380 to 422.390, inclusive, and the regulations adopted pursuant thereto, and Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., and the regulations adopted pursuant to those provisions.

      4.  If the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services denies an amendment to the State Plan for Medicaid, the Director may negotiate terms which are acceptable to the Centers for Medicare and Medicaid Services which are inconsistent with the provisions of NRS 422.380 to 422.390, inclusive, and the regulations adopted pursuant thereto if:

      (a) Negotiating such terms is necessary to ensure that the State Plan for Medicaid is consistent with the provisions of Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., and the regulations adopted pursuant to those provisions; and

      (b) Before finalizing such an amendment to the State Plan for Medicaid, the Director obtains the approval of the Interim Finance Committee.

      (Added to NRS by 1991, 2335; A 1993, 1969; 1995, 1428, 1430; 1997, 1244, 2631; 1999, 2242; 2001, 3116; 2003, 2992; 2005, 22nd Special Session, 36; 2009, 2294)

      NRS 422.390  Regulations; quarterly report.

      1.  The Division shall adopt regulations concerning:

      (a) Procedures for the intergovernmental transfers of money from the counties to the Division for the purposes of carrying out the provisions of NRS 422.380 to 422.390, inclusive, and the State Plan for Medicaid.

      (b) Provisions for the payment of a penalty and interest for a delinquent intergovernmental transfer.

      (c) Provisions for the payment of interest by the Division for late reimbursements to hospitals or other providers of medical care.

      (d) Provisions for the calculation of disproportionate share payments for hospitals.

      (e) Any required documentation of and reporting by a hospital relating to the calculation of the disproportionate share payment for the hospital and the verification of the disproportionate share payment that has been received by the hospital.

      (f) Procedures and requirements for conducting independent and certified audits of hospitals and the disproportionate share payments made to hospitals as required pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., and the regulations adopted pursuant to those provisions.

      (g) Procedures for adjusting a disproportionate share payment in accordance with Title XIX of the Social Security Act, 42 U.S.C. §§ 1396, et seq., and the regulations adopted pursuant to those provisions, if the audit of a hospital demonstrates that a disproportionate share payment made to the hospital was greater than the amount of money the hospital was eligible to receive.

      (h) Procedures for redistributing any disproportionate share payment returned to the Division by a hospital in accordance with Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., and the regulations adopted pursuant to those provisions.

      2.  The Division shall report to the Interim Finance Committee quarterly concerning the provisions of NRS 422.380 to 422.390, inclusive.

      3.  Notwithstanding the provisions of NRS 233B.039 to the contrary, the regulations adopted pursuant to this section must be adopted in accordance with the provisions of chapter 233B of NRS and must be codified in the Nevada Administrative Code.

      (Added to NRS by 1991, 2337; A 1993, 1970; 1995, 1429; 1997, 2631; 1999, 2242; 2003, 2994; 2005, 22nd Special Session, 38; 2009, 2297)

PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO PERSONS WITH PHYSICAL DISABILITIES

      NRS 422.395  “Person with a physical disability” defined.  Repealed. (See chapter 337, Statutes of Nevada 2013, at page 1634.)

 

      NRS 422.396  Establishment and administration of program; application for federal waiver to amend State Plan for Medicaid; contracting for services; adoption of regulations.

      1.  The Department, through a division of the Department designated by the Director, shall establish and administer a program to provide community-based services necessary to enable a person with a physical disability to remain in his or her home or with his or her family and avoid placement in a facility for long-term care. The Department shall coordinate the provision of community-based services pursuant to this section.

      2.  The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1396n(c) that authorizes the Department to amend the State Plan for Medicaid adopted by the Department pursuant to NRS 422.271 in order to authorize the Department to include as medical assistance under the State Plan the following services for persons with physical disabilities:

      (a) Respite care;

      (b) Habilitation;

      (c) Residential habilitation;

      (d) Environmental modifications;

      (e) Supported living;

      (f) Supported living habilitation;

      (g) Supported personal care; and

      (h) Any other community-based services approved by the Secretary of Health and Human Services.

Ê The Department shall cooperate with the Federal Government in obtaining a waiver pursuant to this subsection.

      3.  The Department may use personnel of the Department or it may contract with any appropriate public or private agency, organization or institution to provide the community-based services necessary to enable a person with a physical disability to remain in his or her home or with his or her family and avoid placement in a facility for long-term care.

      4.  A contract entered into with a public or private agency, organization or institution pursuant to subsection 3 must:

      (a) Include a description of the type of service to be provided;

      (b) Specify the price to be paid for each service and the method of payment; and

      (c) Specify the criteria to be used to evaluate the provision of the service.

      5.  The Department shall adopt regulations necessary to carry out the provisions of this section, including, without limitation, the criteria to be used in determining eligibility for the services provided pursuant to the program. Before adopting regulations pursuant to this section, the Department shall solicit comments from persons with a variety of disabilities and members of the families of those persons.

      6.  As used in this section, “person with a physical disability” means a person with a severe physical disability that substantially limits his or her ability to participate and contribute independently in the community in which the person lives.

      (Added to NRS by 1997, 2659; A 2003, 2622; 2013, 1622)

      NRS 422.397  Reports by Director.  Repealed. (See chapter 337, Statutes of Nevada 2013, at page 1634.)

 

PRESCRIPTION DRUGS

      NRS 422.401  Definitions.  As used in NRS 422.401 to 422.406, inclusive, unless the context otherwise requires, the words and terms defined in NRS 422.4015 and 422.402 have the meanings ascribed to them in those sections.

      (Added to NRS by 2003, 1317)

      NRS 422.4015  “Committee” defined.  “Committee” means the Pharmacy and Therapeutics Committee established pursuant to NRS 422.4035.

      (Added to NRS by 2003, 1317)

      NRS 422.402  “Drug Use Review Board” defined.  “Drug Use Review Board” means the Board established pursuant to 42 U.S.C. § 1396r-8(g)(3).

      (Added to NRS by 2003, 1317)

      NRS 422.4025  List of preferred prescription drugs used for Medicaid program; list of drugs excluded from restrictions; role of Pharmacy and Therapeutics Committee; availability of new pharmaceutical products and products for which there is new evidence. [Effective through June 30, 2015.]

      1.  The Department shall, by regulation, develop a list of preferred prescription drugs to be used for the Medicaid program.

      2.  The Department shall, by regulation, establish a list of prescription drugs which must be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs established pursuant to subsection 1. The list established pursuant to this subsection must include, without limitation:

      (a) Prescription drugs that are prescribed for the treatment of the human immunodeficiency virus or acquired immunodeficiency syndrome, including, without limitation, protease inhibitors and antiretroviral medications;

      (b) Antirejection medications for organ transplants;

      (c) Antihemophilic medications; and

      (d) Any prescription drug which the Committee identifies as appropriate for exclusion from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs.

      3.  The regulations must provide that the Committee makes the final determination of:

      (a) Whether a class of therapeutic prescription drugs is included on the list of preferred prescription drugs and is excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs;

      (b) Which therapeutically equivalent prescription drugs will be reviewed for inclusion on the list of preferred prescription drugs and for exclusion from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs;

      (c) Which prescription drugs should be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs based on continuity of care concerning a specific diagnosis, condition, class of therapeutic prescription drugs or medical specialty; and

      (d) The criteria for prescribing an atypical or typical antipsychotic medication, anticonvulsant medication or antidiabetic medication that is not on the list of preferred drugs to a patient who experiences a therapeutic failure while taking a prescription drug that is on the list of preferred prescription drugs.

      4.  Except as otherwise provided in this subsection, the list of preferred prescription drugs established pursuant to subsection 1 must include, without limitation, every therapeutic prescription drug that is classified as an anticonvulsant medication or antidiabetic medication that was covered by the Medicaid program on June 30, 2010. If a therapeutic prescription drug that is included on the list of preferred prescription drugs pursuant to this subsection is prescribed for a clinical indication other than the indication for which it was approved as of June 30, 2010, the Committee shall review the new clinical indication for that drug pursuant to the provisions of subsection 5.

      5.  The regulations adopted pursuant to this section must provide that each new pharmaceutical product and each existing pharmaceutical product for which there is new clinical evidence supporting its inclusion on the list of preferred prescription drugs must be made available pursuant to the Medicaid program with prior authorization until the Committee reviews the product or the evidence.

      6.  The Medicaid program must make available without prior authorization atypical and typical antipsychotic medications that are prescribed for the treatment of a mental illness, anticonvulsant medications and antidiabetic medications for a patient who is receiving services pursuant to Medicaid if the patient:

      (a) Was prescribed the prescription drug on or before June 30, 2010, and takes the prescription drug continuously, as prescribed, on and after that date;

      (b) Maintains continuous eligibility for Medicaid; and

      (c) Complies with all other requirements of this section and any regulations adopted pursuant thereto.

      (Added to NRS by 2003, 1317; A 2010, 26th Special Session, 36; 2011, 985)

      NRS 422.4025  List of preferred prescription drugs used for Medicaid program; list of drugs excluded from restrictions; role of Pharmacy and Therapeutics Committee; availability of new pharmaceutical products and products for which there is new evidence. [Effective July 1, 2015.]

      1.  The Department shall, by regulation, develop a list of preferred prescription drugs to be used for the Medicaid program.

      2.  The Department shall, by regulation, establish a list of prescription drugs which must be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs established pursuant to subsection 1. The list established pursuant to this subsection must include, without limitation:

      (a) Atypical and typical antipsychotic medications that are prescribed for the treatment of a mental illness of a patient who is receiving services pursuant to Medicaid;

      (b) Prescription drugs that are prescribed for the treatment of the human immunodeficiency virus or acquired immunodeficiency syndrome, including, without limitation, protease inhibitors and antiretroviral medications;

      (c) Anticonvulsant medications;

      (d) Antirejection medications for organ transplants;

      (e) Antidiabetic medications;

      (f) Antihemophilic medications; and

      (g) Any prescription drug which the Committee identifies as appropriate for exclusion from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs.

      3.  The regulations must provide that the Committee makes the final determination of:

      (a) Whether a class of therapeutic prescription drugs is included on the list of preferred prescription drugs and is excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs;

      (b) Which therapeutically equivalent prescription drugs will be reviewed for inclusion on the list of preferred prescription drugs and for exclusion from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs; and

      (c) Which prescription drugs should be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs based on continuity of care concerning a specific diagnosis, condition, class of therapeutic prescription drugs or medical specialty.

      4.  The regulations must provide that each new pharmaceutical product and each existing pharmaceutical product for which there is new clinical evidence supporting its inclusion on the list of preferred prescription drugs must be made available pursuant to the Medicaid program with prior authorization until the Committee reviews the product or the evidence.

      (Added to NRS by 2003, 1317; A 2010, 26th Special Session, 36; 2011, 985, effective July 1, 2015)

      NRS 422.403  Establishment and management of use by Medicaid program of step therapy and prior authorization; duties of Drug Use Review Board; acceptance of recommendations from Board.

      1.  The Department shall, by regulation, establish and manage the use by the Medicaid program of step therapy and prior authorization for prescription drugs.

      2.  The Drug Use Review Board shall:

      (a) Advise the Department concerning the use by the Medicaid program of step therapy and prior authorization for prescription drugs;

      (b) Develop step therapy protocols and prior authorization policies and procedures for use by the Medicaid program for prescription drugs; and

      (c) Review and approve, based on clinical evidence and best clinical practice guidelines and without consideration of the cost of the prescription drugs being considered, step therapy protocols used by the Medicaid program for prescription drugs.

      3.  The Department shall not require the Drug Use Review Board to develop, review or approve prior authorization policies or procedures necessary for the operation of the list of preferred prescription drugs developed for the Medicaid program pursuant to NRS 422.4025.

      4.  The Department shall accept recommendations from the Drug Use Review Board as the basis for developing or revising step therapy protocols and prior authorization policies and procedures used by the Medicaid program for prescription drugs.

      (Added to NRS by 2003, 1318)

      NRS 422.4035  Pharmacy and Therapeutics Committee: Creation; membership.

      1.  The Director shall create a Pharmacy and Therapeutics Committee within the Department. The Committee must consist of at least 9 members and not more than 11 members appointed by the Governor based on recommendations from the Director.

      2.  The Governor shall appoint to the Committee health care professionals who have knowledge and expertise in one or more of the following:

      (a) The clinically appropriate prescribing of outpatient prescription drugs that are covered by Medicaid;

      (b) The clinically appropriate dispensing and monitoring of outpatient prescription drugs that are covered by Medicaid;

      (c) The review of, evaluation of and intervention in the use of prescription drugs; and

      (d) Medical quality assurance.

      3.  At least one-third of the members of the Committee and not more than 51 percent of the members of the Committee must be active physicians licensed to practice medicine in this State, at least one of whom must be an active psychiatrist licensed to practice medicine in this State. At least one-third of the members of the Committee and not more than 51 percent of the members of the Committee must be either active pharmacists registered in this State or persons in this State with doctoral degrees in pharmacy.

      4.  A person must not be appointed to the Committee if the person is employed by, compensated by in any manner, has a financial interest in, or is otherwise affiliated with a business or corporation that manufactures prescription drugs.

      (Added to NRS by 2003, 1318)

      NRS 422.404  Pharmacy and Therapeutics Committee: Chair; terms; vacancies; meetings; quorum.

      1.  The Governor shall appoint the Chair of the Committee from among its members.

      2.  After the initial terms, the term of each member of the Committee is 2 years. A member may be reappointed.

      3.  A vacancy occurring in the membership of the Committee must be filled for the remainder of the unexpired term in the same manner as the original appointment.

      4.  The Committee shall meet at least once every 3 months and at the times and places specified by a call of the Chair of the Committee.

      5.  A majority of the members of the Committee constitutes a quorum for the transaction of business, and the affirmative vote of a majority of the members of the Committee is required to take action.

      (Added to NRS by 2003, 1319)

      NRS 422.4045  Pharmacy and Therapeutics Committee: Members serve without compensation; members entitled to per diem; members holding public office or employed by governmental entity.

      1.  Members of the Committee serve without compensation, except that a member of the Committee is entitled, while engaged in the business of the Committee, to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      2.  Each member of the Committee who is an officer or employee of the State of Nevada or a local government must be relieved from his or her duties without loss of regular compensation so that the person may prepare for and attend meetings of the Committee and perform any work necessary to carry out the duties of the Committee in the most timely manner practicable. A state agency or local governmental entity shall not require an officer or employee who is a member of the Committee to make up the time that the officer or employee is absent from work to carry out any duties as a member of the Committee or to use annual vacation or compensatory time for the absence.

      (Added to NRS by 2003, 1319)

      NRS 422.405  Pharmacy and Therapeutics Committee: Duties and powers.

      1.  The Department shall, by regulation, set forth the duties of the Committee which must include, without limitation:

      (a) Identifying the prescription drugs which should be included on the list of preferred prescription drugs developed by the Department for the Medicaid program pursuant to NRS 422.4025 and the prescription drugs which should be excluded from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs;

      (b) Identifying classes of therapeutic prescription drugs for its review and performing a clinical analysis of each drug included in each class that is identified for review; and

      (c) Reviewing at least annually all classes of therapeutic prescription drugs on the list of preferred prescription drugs developed by the Department for the Medicaid program pursuant to NRS 422.4025.

      2.  The Department shall, by regulation, require the Committee to:

      (a) Base its decisions on evidence of clinical efficacy and safety without consideration of the cost of the prescription drugs being considered by the Committee;

      (b) Review new pharmaceutical products in as expeditious a manner as possible; and

      (c) Consider new clinical evidence supporting the inclusion of an existing pharmaceutical product on the list of preferred prescription drugs developed by the Department for the Medicaid program and new clinical evidence supporting the exclusion of an existing pharmaceutical product from any restrictions that are imposed on drugs that are on the list of preferred prescription drugs in as expeditious a manner as possible.

      3.  The Department shall, by regulation, authorize the Committee to:

      (a) In carrying out its duties, exercise clinical judgment and analyze peer review articles, published studies, and other medical and scientific information; and

      (b) Establish subcommittees to analyze specific issues that arise as the Committee carries out its duties.

      (Added to NRS by 2003, 1319)

      NRS 422.4055  Advisory Committee to the Pharmacy and Therapeutics Committee and the Drug Use Review Board: Creation; membership; Chair; terms; vacancies; members serve without compensation; members entitled to per diem; members holding public office or employed by governmental entity.

      1.  The Advisory Committee to the Pharmacy and Therapeutics Committee and the Drug Use Review Board consisting of three members is hereby created in the Department to advise the Committee and the Drug Use Review Board concerning prescription drugs that are used by seniors, persons who are mentally ill or persons with disabilities.

      2.  The Director of the Department shall appoint to the Advisory Committee:

      (a) One member appointed from a list of persons provided to the Department by the American Association of Retired Persons or any successor organization;

      (b) One member appointed from a list of persons provided to the Department by the Alliance for the Mentally Ill of Nevada or any successor organization; and

      (c) One member appointed from a list of persons provided to the Department by the Statewide Independent Living Council established in this State pursuant to 29 U.S.C. § 796d.

      3.  The Director shall appoint the Chair of the Advisory Committee from among its members.

      4.  After the initial terms, the term of each member of the Advisory Committee is 2 years. A member may be reappointed. A vacancy occurring in the membership of the Advisory Committee must be filled for the remainder of the unexpired term in the same manner as the original appointment.

      5.  Members of the Advisory Committee serve without compensation, except that a member of the Advisory Committee is entitled, while engaged in the business of the Advisory Committee, to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  Each member of the Advisory Committee who is an officer or employee of the State of Nevada or a local government must be relieved from his or her duties without loss of any regular compensation so that the officer or employee may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or local governmental entity shall not require an officer or employee who is a member of the Advisory Committee to make up the time that the officer or employee is absent from work to carry out any duties as a member of the Advisory Committee or to use annual vacation or compensatory time for the absence.

      (Added to NRS by 2003, 1320)

      NRS 422.406  Regulations; contracts for services.

      1.  The Department may, to carry out its duties set forth in NRS 422.401 to 422.406, inclusive, and to administer the provisions of NRS 422.401 to 422.406, inclusive:

      (a) Adopt regulations; and

      (b) Enter into contracts for any services.

      2.  Any regulations adopted by the Department pursuant to NRS 422.401 to 422.406, inclusive, must be adopted in accordance with the provisions of chapter 241 of NRS.

      (Added to NRS by 2003, 1321)

UNLAWFUL ACTS; PENALTIES

General Provisions

      NRS 422.410  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, misrepresentation, or concealment, transfer, disposal or assignment of money or property 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 or to enable a person to meet or appear to meet any requirements of eligibility prescribed by state law or by rule or regulation adopted by the Department for a grant or an increase in a grant of any type of public assistance 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 chapter 422A of NRS 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 Welfare and Supportive Services of the Department 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 this section:

      (a) “Public assistance” includes any money, property, medical or remedial care or any other service provided pursuant to a state plan.

      (b) “Temporary Assistance for Needy Families” has the meaning ascribed to it in NRS 422A.080.

      (Added to NRS by 1981, 1909; A 1985, 1405; 1991, 1053; 1993, 142, 2788, 2819; 1995, 1274; 1997, 2239; 1999, 2233; 2005, 22nd Special Session, 38; 2007, 2394; 2013, 1307)

State Plan for Medicaid

      NRS 422.450  Definitions.  As used in NRS 422.450 to 422.590, inclusive, unless the context otherwise requires, the words and terms defined in NRS 422.460 to 422.525, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1991, 1048; A 1997, 456)

      NRS 422.460  “Benefit” defined.  “Benefit” means a benefit authorized by the Plan.

      (Added to NRS by 1991, 1048)

      NRS 422.470  “Claim” defined.  “Claim” means a communication, whether oral, written, electronic or magnetic, which is used to identify specific goods, items or services as reimbursable pursuant to the Plan, or which states income or expense and is or may be used to determine a rate of payment pursuant to the Plan.

      (Added to NRS by 1991, 1048)

      NRS 422.480  “Plan” defined.  “Plan” means the State Plan for Medicaid established pursuant to NRS 422.271.

      (Added to NRS by 1991, 1048; A 1993, 2067; 1997, 1245)

      NRS 422.490  “Provider” defined.  “Provider” means a:

      1.  Person who has applied to participate or who participates in the Plan as the provider of goods or services; or

      2.  Private insurance carrier, health care cooperative or alliance, health maintenance organization, insurer, organization, entity, association, affiliation or person, who contracts to provide or provides goods or services that are reimbursed by or are a required benefit of the Plan.

      (Added to NRS by 1991, 1048; A 1997, 456)

      NRS 422.500  “Recipient” defined.  “Recipient” means a natural person who receives benefits pursuant to the Plan.

      (Added to NRS by 1991, 1048)

      NRS 422.510  “Records” defined.  “Records” means medical, professional or business records relating to the treatment or care of a recipient, or to a good or a service provided to a recipient, or to rates paid for such a good or a service, and records required to be kept by the Plan.

      (Added to NRS by 1991, 1048)

      NRS 422.520  “Sign” defined.  “Sign” means to affix a signature directly or indirectly by means of handwriting, typewriter, stamp, computer impulse or other means.

      (Added to NRS by 1991, 1048)

      NRS 422.525  “Statement or representation” defined.  “Statement or representation” includes, without limitation, a report, claim, certification, acknowledgment or ratification of:

      1.  Financial information;

      2.  An enrollment claim;

      3.  Demographic statistics;

      4.  Encounter data;

      5.  Health services available or rendered;

      6.  The qualifications of the persons rendering the health care or ancillary services; or

      7.  Any combination of subsections 1 to 6, inclusive.

      (Added to NRS by 1997, 456)

      NRS 422.530  Responsibility for false claim, statement or representation.  For the purposes of NRS 422.540 and 422.550:

      1.  A person shall be deemed to have known that a claim, statement or representation was false if the person knew, or by virtue of his or her position, authority or responsibility had reason to know, of the falsity of the claim, statement or representation.

      2.  A person shall be deemed to have made or caused to be made a claim, statement or representation if the person:

      (a) Had the authority or responsibility to:

             (1) Make the claim, statement or representation;

             (2) Supervise another who made the claim, statement or representation; or

             (3) Authorize the making of the claim, statement or representation,

Ê whether by operation of law, business or professional practice, or office procedure; and

      (b) Exercised that authority or responsibility or failed to exercise that authority or responsibility and, as a direct or indirect result, the false claim, statement or representation was made.

      (Added to NRS by 1991, 1048; A 1997, 456)

      NRS 422.540  Offenses regarding false claims, statements or representations; penalties.

      1.  A person, with the intent to defraud, commits an offense if with respect to the Plan the person:

      (a) Makes a claim or causes it to be made, knowing the claim to be false, in whole or in part, by commission or omission;

      (b) Makes or causes to be made a statement or representation for use in obtaining or seeking to obtain authorization to provide specific goods or services, knowing the statement or representation to be false, in whole or in part, by commission or omission;

      (c) Makes or causes to be made a statement or representation for use by another in obtaining goods or services pursuant to the Plan, knowing the statement or representation to be false, in whole or in part, by commission or omission; or

      (d) Makes or causes to be made a statement or representation for use in qualifying as a provider, knowing the statement or representation to be false, in whole or in part, by commission or omission.

      2.  A person who commits an offense described in subsection 1 shall be punished for a:

      (a) Category D felony, as provided in NRS 193.130, if the amount of the claim or the value of the goods or services obtained or sought to be obtained was greater than or equal to $650.

      (b) Misdemeanor if the amount of the claim or the value of the goods or services obtained or sought to be obtained was less than $650.

Ê Amounts involved in separate violations of this section committed pursuant to a scheme or continuing course of conduct may be aggregated in determining the punishment.

      3.  In addition to any other penalty for a violation of the commission of an offense described in subsection 1, the court shall order the person to pay restitution.

      (Added to NRS by 1991, 1049; A 1997, 457; 2011, 174)

      NRS 422.550  Statement regarding truth and accuracy of applications, reports and invoices; perjury; presumption concerning person who signs statement on behalf of provider.

      1.  Each application or report submitted to participate as a provider, each report stating income or expense upon which rates of payment are or may be based, and each invoice for payment for goods or services provided to a recipient must contain a statement that all matters stated therein are true and accurate, signed by a natural person who is the provider or is authorized to act for the provider, under the pains and penalties of perjury.

      2.  A person is guilty of perjury which is a category D felony and shall be punished as provided in NRS 193.130 if the person signs or submits, or causes to be signed or submitted, such a statement, knowing that the application, report or invoice contains information which is false, in whole or in part, by commission or by omission.

      3.  For the purposes of this section, a person who signs on behalf of a provider is presumed to have the authorization of the provider and to be acting at the direction of the provider.

      (Added to NRS by 1991, 1049; A 1995, 1274; 1997, 457)

      NRS 422.560  Offenses regarding sale, purchase or lease of goods, services, materials or supplies; penalty.

      1.  Except as otherwise provided in subsection 2, a person shall not:

      (a) While acting on behalf of a provider, purchase or lease goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to the Plan, and solicit or accept anything of additional value in return for or in connection with the purchase or lease;

      (b) Sell or lease to or for the use of a provider goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to the Plan, and offer, transfer or pay anything of additional value in connection with or in return for the sale or lease; or

      (c) Refer a person to a provider for goods or services for which payment may be made, in whole or in part, pursuant to the Plan, and solicit or accept anything of value in connection with the referral.

      2.  Paragraphs (a) and (b) of subsection 1 do not apply if the additional value transferred is:

      (a) A refund or discount made in the ordinary course of business;

      (b) Reflected by the books and records of the person transferring or receiving it; and

      (c) Reflected in the billings submitted to the Plan.

      3.  A person shall not, while acting on behalf of a provider providing goods or services to a recipient pursuant to the Plan, charge, solicit, accept or receive anything of additional value in addition to the amount legally payable pursuant to the Plan in connection with the provision of the goods or services.

      4.  A person who violates this section, if the value of the thing or any combination of things unlawfully solicited, accepted, offered, transferred, paid, charged or received:

      (a) Is less than $650, is guilty of a gross misdemeanor.

      (b) Is $650 or more, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1991, 1049; A 1995, 1275; 2011, 175)

      NRS 422.570  Intentional failure to maintain adequate records; intentional destruction of records; penalties.

      1.  A person is guilty of a gross misdemeanor if, upon submitting a claim for or upon receiving payment for goods or services pursuant to the Plan, the person intentionally fails to maintain such records as are necessary to disclose fully the nature of the goods or services for which a claim was submitted or payment was received, or such records as are necessary to disclose fully all income and expenditures upon which rates of payment were based, for at least 5 years after the date on which payment was received.

      2.  A person who intentionally destroys such records within 5 years after the date payment was received is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1991, 1050; A 1995, 1275)

      NRS 422.580  Civil penalties for certain violations; liability of provider for excess amount unknowingly accepted; enforcement; use of money collected as penalty or repayment.

      1.  A provider who receives payment to which the provider is not entitled by reason of a violation of NRS 422.540, 422.550, 422.560 or 422.570 is liable for:

      (a) An amount equal to three times the amount unlawfully obtained;

      (b) Not less than $5,000 for each false claim, statement or representation;

      (c) An amount equal to three times the total of the reasonable expenses incurred by the State in enforcing this section; and

      (d) Payment of interest on the amount of the excess payment at the rate fixed pursuant to NRS 99.040 for the period from the date upon which payment was made to the date upon which repayment is made pursuant to the Plan.

      2.  A criminal action need not be brought against the provider before civil liability attaches under this section.

      3.  A provider who unknowingly accepts a payment in excess of the amount to which the provider is entitled is liable for the repayment of the excess amount. It is a defense to any action brought pursuant to this subsection that the provider returned or attempted to return the amount which was in excess of that to which the provider was entitled within a reasonable time after receiving it.

      4.  The Attorney General shall cause appropriate legal action to be taken on behalf of the State to enforce the provisions of this section.

      5.  Any penalty or repayment of money collected pursuant to this section is hereby appropriated to provide medical aid to the indigent through programs administered by the Department.

      (Added to NRS by 1991, 1050; A 1997, 458; 1999, 2233)

      NRS 422.590  Limitation and accrual of actions.  An action brought pursuant to NRS 422.540 to 422.580, inclusive, must be commenced within 4 years, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting a violation of NRS 422.540 to 422.580, inclusive.

      (Added to NRS by 1997, 456)