Senate Bill No. 484

Senate Bill No. 484-Committee on Human Resources and Facilities

(On Behalf of the Nevada Association of Counties)

June 28, 1997
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Referred to Committee on Human Resources and Facilities

SUMMARY--Revises provisions governing eligibility of indigent patients for medical and financial assistance from counties. (BDR 38-540)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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

AN ACT relating to public welfare; revising provisions governing eligibility of indigent patients for medical and financial assistance from counties; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 NRS 428.010 is hereby amended to read as follows:
428.0101. Except as otherwise provided in NRS 422.382 [,] and subsection 2, to the extent that money may be lawfully appropriated by the board of county commissioners for this purpose pursuant to NRS 428.050, 428.285 and 450.425, every county shall provide care, support and relief to the poor, indigent, incompetent and those incapacitated by age, disease or accident, lawfully resident therein, when those persons are not supported or relieved by their relatives or guardians, by their own means, or by state hospitals, or other state, federal or private institutions or agencies.
2. A county is not required to provide care, support or relief to a person who is ineligible for public assistance pursuant to a state plan adopted pursuant to NRS 422.237 because he:
(a) Is subject to the penalties prescribed in section 22 of Assembly Bill No. 401 of this session;
(b) Is prohibited from receiving benefits pursuant to section 23 of Assembly Bill No. 401 of this session; or
(c) Both.
3. Except as otherwise provided in NRS 439B.330, the boards of county commissioners of the several counties shall establish and approve policies and standards, prescribe a uniform standard of eligibility, appropriate money for this purpose and appoint agents who will develop regulations and administer these programs to provide care, support and relief to the poor, indigent, incompetent and those incapacitated by age, disease or accident.
Sec. 2 NRS 428.015 is hereby amended to read as follows:
428.0151. The board of county commissioners shall adopt an ordinance and any related policies which establish the requirements and standards of eligibility for medical and financial assistance to indigent persons [.] in compliance with NRS 428.010. The ordinance and policies must specify the allowable income, assets and other resources or potential resources of persons eligible for assistance, and any other requirements applicable to an applicant for assistance. The board of county commissioners shall file the ordinance and policies with the secretary of state within 30 days after adoption. Any amendment to the ordinance or policies must be filed with the secretary of state within 30 days after adoption.
2. [A] Except as otherwise provided in subsection 2 of NRS 428.010, a county's standards of eligibility for medical assistance must not deny eligibility to a person living in a household which has a total monthly income of less than:
(a) For one person living without another member of a household, $438.
(b) For two persons, $588.
(c) For three or more persons, $588 plus $150 for each person in the family in excess of two.
3. For the purposes of [this subsection, "income"] subsection 2:
(a) "Household" means an association of persons who:
(1) Live in the same home or dwelling;
(2) Are related by blood, adoption or marriage; and
(3) Are mutually dependent upon each other for the basic necessities of life.
(b) "Income" includes the entire income of a household and the amount which a county projects a person or household is able to earn. ["Household" is limited to a person and his spouse, parents, children, brothers and sisters residing with him.]
[3.] 4. A county's program of medical assistance to indigent persons must provide payment for:
(a) Emergency medical care; and
(b) All other medically necessary care rendered in a medical facility designated by the county.
[4.] 5. As used in this section:
(a) "Emergency medical care" means any care for an urgent medical condition which is likely to result in serious and permanent bodily disability or death if the patient is transported to a medical facility designated by the county.
(b) "Medically necessary care" does not include any experimental or investigative medical care which is not covered by Medicaid or Medicare.
Sec. 3 NRS 439B.310 is hereby amended to read as follows:
439B.310[For]
1. Except as otherwise provided in subsection 3, for the purposes of NRS 439B.300 to 439B.340, inclusive, "indigent" means those persons:
[1.] (a) Who are not covered by any policy of health insurance;
[2.] (b) Who are ineligible for Medicare, Medicaid, the benefits provided pursuant to NRS 428.115 to 428.255, inclusive, or any other federal or state program of public assistance covering the provision of health care;
[3.] (c) Who meet the limitations imposed by the county upon assets and other resources or potential resources; and
[4.] (d) Whose income is less than:
[(a)] (1) For one person living without another member of a household, $438.
[(b)] (2) For two persons, $588.
[(c)] (3) For three or more persons, $588 plus $150 for each person in the family in excess of two.
2. For the purposes of [this subsection, "income"] paragraph (d) of subsection 1:
(a) "Household" means an association of persons who:
(1) Live in the same home or dwelling;
(2) Are related by blood, adoption or marriage; or
(3) Are mutually dependent upon each other for the basic necessities of life.
(b) "Income" includes the entire income of a household and the amount which the county projects a person or household is able to earn. ["Household" is limited to a person and his spouse, parents, children, brothers and sisters residing with him.]
3. For the purposes of this section, "indigent" does not include a person who is ineligible for public assistance pursuant to a state plan adopted pursuant to NRS 422.237 because he:
(a) Is subject to the penalties prescribed in section 22 of Assembly Bill No. 401 of this session;
(b) Is prohibited from receiving benefits pursuant to section 23 of Assembly Bill No. 401 of this session; or
(c) Both.
Sec. 4 This act becomes effective on July 1, 1997, only if Assembly Bill No. 401 of this session is passed and approved.