CHAPTER422. 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 [Repealed]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 [Repealed]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 [Repealed]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 [Repealed]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 [Repealed]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 [Repealed]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 [Repealed]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.