NRS422.3785. 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)