Assembly Bill No. 283–Assemblymen McClain, Koivisto, Parks, Chowning, Claborn, Anderson, Andonov, Angle, Arberry, Atkinson, Brown, Buckley, Carpenter, Christensen, Collins, Conklin, Geddes, Gibbons, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Hardy, Hettrick, Horne, Knecht, Leslie, Manendo, Marvel, McCleary, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce, Sherer, Weber and Williams

 

March 11, 2003

____________

 

Referred to Concurrent Committees on Health and Human
Services and Ways and Means

 

SUMMARY—Provides subsidies from Fund for a Healthy Nevada for coverage of limited-scope dental and vision benefits to certain senior citizens. (BDR 40‑152)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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

 

AN ACT relating to public health; providing subsidies from the Fund for a Healthy Nevada for the coverage of limited-scope dental and vision benefits within the program of subsidies for the provision of prescription drugs and pharmaceutical services to senior citizens; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 439.630 is hereby amended to read as follows:

1-2  439.630  1.  The Task Force for the Fund for a Healthy

1-3  Nevada shall:

1-4  (a) Conduct public hearings to accept public testimony from a

1-5  wide variety of sources and perspectives regarding existing or

1-6  proposed programs that:

2-1       (1) Promote public health;

2-2       (2) Improve health services for children, senior citizens and

2-3  persons with disabilities;

2-4       (3) Reduce or prevent the use of tobacco;

2-5       (4) Reduce or prevent the abuse of and addiction to alcohol

2-6  and drugs; and

2-7       (5) Offer other general or specific information on health care

2-8  in this state.

2-9  (b) Establish a process to evaluate the health and health needs of

2-10  the residents of this state and a system to rank the health problems

2-11  of the residents of this state, including, without limitation, the

2-12  specific health problems that are endemic to urban and rural

2-13  communities.

2-14      (c) Reserve not more than 30 percent of all revenues deposited

2-15  in the Fund for a Healthy Nevada each year for direct expenditure

2-16  by the Department to pay for prescription drugs , [and]

2-17  pharmaceutical services and limited-scope dental and vision

2-18  benefits for senior citizens pursuant to NRS 439.635 to 439.690,

2-19  inclusive. From the money reserved to the Department pursuant to

2-20  this paragraph, the Department shall subsidize all of the cost of

2-21  policies of health insurance that provide coverage to senior citizens

2-22  for prescription drugs , [and] pharmaceutical services and limited-

2-23  scope dental and vision benefits pursuant to NRS 439.635 to

2-24  439.690, inclusive. The Department shall consider recommendations

2-25  from the Task Force for the Fund for a Healthy Nevada in carrying

2-26  out the provisions of NRS 439.635 to 439.690, inclusive. The

2-27  Department shall submit a quarterly report to the Governor, the Task

2-28  Force for the Fund for a Healthy Nevada and the Interim Finance

2-29  Committee regarding the general manner in which expenditures

2-30  have been made pursuant to this paragraph and the status of the

2-31  program.

2-32      (d) Reserve not more than 30 percent of all revenues deposited

2-33  in the Fund for a Healthy Nevada each year for allocation by the

2-34  Aging Services Division of the Department in the form of grants for

2-35  existing or new programs that assist senior citizens with independent

2-36  living, including, without limitation, programs that provide:

2-37          (1) Respite care or relief of family caretakers;

2-38          (2) Transportation to new or existing services to assist senior

2-39  citizens in living independently; and

2-40          (3) Care in the home which allows senior citizens to remain

2-41  at home instead of in institutional care.

2-42  The Aging Services Division of the Department shall consider

2-43  recommendations from the Task Force for the Fund for a Healthy

2-44  Nevada concerning the independent living needs of senior citizens.

3-1  (e) Allocate for expenditure not more than 20 percent of all

3-2  revenues deposited in the Fund for a Healthy Nevada each year for

3-3  programs that prevent, reduce or treat the use of tobacco and the

3-4  consequences of the use of tobacco.

3-5  (f) Allocate for expenditure not more than 20 percent of all

3-6  revenues deposited in the Fund for a Healthy Nevada each year for

3-7  programs that improve health services for children and the health

3-8  and well-being of persons with disabilities.

3-9  (g) Maximize expenditures through local, federal and private

3-10  matching contributions.

3-11      (h) Ensure that any money expended from the Fund for a

3-12  Healthy Nevada will not be used to supplant existing methods of

3-13  funding that are available to public agencies.

3-14      (i) Develop policies and procedures for the administration and

3-15  distribution of grants and other expenditures to state agencies,

3-16  political subdivisions of this state, nonprofit organizations,

3-17  universities and community colleges. A condition of any such grant

3-18  must be that not more than 8 percent of the grant may be used for

3-19  administrative expenses or other indirect costs. The procedures must

3-20  require at least one competitive round of requests for proposals per

3-21  fiscal year.

3-22      (j) To make the allocations required by paragraphs (e) and (f):

3-23          (1) Prioritize and quantify the needs for these programs;

3-24          (2) Develop, solicit and accept grant applications for

3-25  allocations;

3-26          (3) Conduct annual evaluations of programs to which

3-27  allocations have been awarded; and

3-28          (4) Submit annual reports concerning the programs to the

3-29  Governor and the Interim Finance Committee.

3-30      (k) Transmit a report of all findings, recommendations and

3-31  expenditures to the Governor and each regular session of the

3-32  Legislature.

3-33      2.  The Task Force may take such other actions as are necessary

3-34  to carry out its duties.

3-35      3.  The Department shall take all actions necessary to ensure

3-36  that all allocations for expenditures made by the Task Force are

3-37  carried out as directed by the Task Force.

3-38      4.  To make the allocations required by paragraph (d) of

3-39  subsection 1, the Aging Services Division of the Department shall:

3-40      (a) Prioritize and quantify the needs of senior citizens for these

3-41  programs;

3-42      (b) Develop, solicit and accept grant applications for allocations;

3-43      (c) As appropriate, expand or augment existing state programs

3-44  for senior citizens upon approval of the Interim Finance Committee;

3-45      (d) Award grants or other allocations;

4-1  (e) Conduct annual evaluations of programs to which grants or

4-2  other allocations have been awarded; and

4-3  (f) Submit annual reports concerning the grant program to the

4-4  Governor and the Interim Finance Committee.

4-5  5.  The Aging Services Division of the Department shall submit

4-6  each proposed grant which would be used to expand or augment an

4-7  existing state program to the Interim Finance Committee for

4-8  approval before the grant is awarded. The request for approval must

4-9  include a description of the proposed use of the money and the

4-10  person or entity that would be authorized to expend the money. The

4-11  Aging Services Division of the Department shall not expend or

4-12  transfer any money allocated to the Aging Services Division

4-13  pursuant to this section to subsidize any portion of the cost of

4-14  policies of health insurance that provide coverage to senior citizens

4-15  for prescription drugs and pharmaceutical services pursuant to NRS

4-16  439.635 to 439.690, inclusive.

4-17      6.  The Department, on behalf of the Task Force, shall submit

4-18  each allocation proposed pursuant to paragraph (e) or (f) of

4-19  subsection 1 which would be used to expand or augment an existing

4-20  state program to the Interim Finance Committee for approval before

4-21  the grant is awarded. The request for approval must include a

4-22  description of the proposed use of the money and the person or

4-23  entity that would be authorized to expend the money.

4-24      Sec. 2.  NRS 439.665 is hereby amended to read as follows:

4-25      439.665  1.  The Department shall enter into contracts with

4-26  private insurers who transact health insurance in this state to arrange

4-27  for the availability, at a reasonable cost, of policies of health

4-28  insurance that provide coverage to senior citizens for prescription

4-29  drugs , [and] pharmaceutical services[.] and limited-scope dental

4-30  and vision benefits.

4-31      2.  Within the limits of the money available for this purpose in

4-32  the Fund for a Healthy Nevada, a senior citizen who is not eligible

4-33  for Medicaid and who purchases a policy of health insurance that is

4-34  made available pursuant to subsection 1 is entitled to an annual

4-35  grant from the [Trust] Fund to subsidize the cost of that insurance,

4-36  including premiums and deductibles, if he has been domiciled in this

4-37  state for at least 1 year immediately preceding the date of his

4-38  application and his household income is not over $21,500.

4-39      3.  The subsidy granted pursuant to this section must not exceed

4-40  the annual cost of insurance that [provides coverage for prescription

4-41  drugs and pharmaceutical services,] is made available pursuant to

4-42  subsection 1, including premiums and deductibles.

4-43      4.  A policy of health insurance that is made available pursuant

4-44  to subsection 1 must provide for:

5-1  (a) A copayment of not more than $10 per prescription drug or

5-2  pharmaceutical service that is generic as set forth in the formulary of

5-3  the insurer; and

5-4  (b) A copayment of not more than $25 per prescription drug or

5-5  pharmaceutical service that is preferred as set forth in the formulary

5-6  of the insurer.

5-7  5.  The Department may waive the eligibility requirement set

5-8  forth in subsection 2 regarding household income upon written

5-9  request of the applicant if the circumstances of the applicant’s

5-10  household have changed as a result of:

5-11      (a) Illness;

5-12      (b) Disability; or

5-13      (c) Extreme financial hardship based on a significant reduction

5-14  of income, when considering the applicant’s current financial

5-15  circumstances.

5-16  An applicant who requests such a waiver shall include with that

5-17  request all medical and financial documents that support his request.

5-18      6.  If the Federal Government provides any coverage for dental

5-19  or vision benefits or coverage of prescription drugs and

5-20  pharmaceutical services for senior citizens who are eligible for a

5-21  subsidy pursuant to subsections 1 to 5, inclusive, the Department

5-22  may, upon approval of the Legislature, or the Interim Finance

5-23  Committee if the Legislature is not in session, change any program

5-24  established pursuant to NRS 439.635 to 439.690, inclusive, and

5-25  otherwise provide assistance with prescription drugs , [and]

5-26  pharmaceutical services and limited-scope dental and vision

5-27  benefits for senior citizens within the limits of the money available

5-28  for this purpose in the Fund for a Healthy Nevada.

5-29      7.  The provisions of subsections 1 to 5, inclusive, do not apply

5-30  [if] to the extent that the Department provides assistance [with

5-31  prescription drugs and pharmaceutical services] for senior citizens

5-32  pursuant to subsection 6.

 

5-33  H