USA Statutes : nevada
Title : Title 38 - PUBLIC WELFARE
Chapter : CHAPTER 422A - WELFARE AND SUPPORTIVE SERVICES
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 422A.005
to 422A.080 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2005, 22nd Special Session, 2 )
“Administrator” means the
Administrator of the Division.
(Added to NRS by 2005, 22nd Special Session, 2 )
“Board” means the State Board of
Welfare and Supportive Services.
(Added to NRS by 2005, 22nd Special Session, 2 )
“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 2005, 22nd Special Session, 2 )
“Department” means the
Department of Health and Human Services.
(Added to NRS by 2005, 22nd Special Session, 2 )
“Director” means the Director of
the Department.
(Added to NRS by 2005, 22nd Special Session, 2 )
“Division” means the Division of
Welfare and Supportive Services of the Department.
(Added to NRS by 2005, 22nd Special Session, 2 )
“Division of Health Care Financing and Policy” means the
Division of Health Care Financing and Policy of the Department.
(Added to NRS by 2005, 22nd Special Session, 2 )
“Food Stamp
Assistance” means the program established to provide persons of low
income with an opportunity to obtain a more nutritious diet through the
issuance of coupons pursuant to the Food Stamp Act of 1977, 7 U.S.C. §§
2011 et seq., as amended.
(Added to NRS by 2005, 22nd Special Session, 2 )
“Low-Income Home Energy Assistance” means the program established to
assist persons of low income to meet the costs of heating and cooling
their homes pursuant to the Low-Income Home Energy Assistance Act of
1981, 42 U.S.C. §§ 8621 et seq., as amended.
(Added to NRS by 2005, 22nd Special Session, 2 )
“Medicaid” has the meaning
ascribed to it in NRS 439B.120 .
(Added to NRS by 2005, 22nd Special Session, 2 )
“Program for Child Care and Development” means the program established
to provide assistance for the care and development of children pursuant
to 42 U.S.C. §§ 9858 et seq.
(Added to NRS by 2005, 22nd Special Session, 2 )
“Program for the Enforcement of Child Support” means the
program established to locate absent parents, establish paternity and
obtain child support pursuant to Part D of Title IV of the Social
Security Act, 42 U.S.C. §§ 651 et seq., and other provisions of that act
relating to the enforcement of child support.
(Added to NRS by 2005, 22nd Special Session, 2 )
1. “Public assistance” includes:
(a) State Supplemental Assistance;
(b) Temporary Assistance for Needy Families;
(c) Medicaid;
(d) Food Stamp Assistance;
(e) Low-Income Home Energy Assistance;
(f) The Program for Child Care and Development;
(g) Benefits provided pursuant to any other public welfare program
administered by the Division pursuant to such additional federal
legislation as is not inconsistent with the purposes of this chapter; and
(h) Benefits provided pursuant to any other public welfare program
administered by the Division of Health Care Financing and Policy pursuant
to chapter 422 of NRS.
2. The term does not include the Children’s Health Insurance
Program.
(Added to NRS by 2005, 22nd Special Session, 2 )
“State
Supplementary Assistance” means the program established to provide state
assistance to aged or blind persons in connection with the Supplemental
Security Income Program.
(Added to NRS by 2005, 22nd Special Session, 3 )
“Supplemental Security Income Program” means the program established for
aged, blind or disabled persons pursuant to Title XVI of the Social
Security Act, 42 U.S.C. §§ 1381 et seq., as amended.
(Added to NRS by 2005, 22nd Special Session, 3 )
“Temporary Assistance for Needy Families” means the program established
to provide temporary assistance for needy families pursuant to Title IV
of the Social Security Act, 42 U.S.C. §§ 601 et seq., and other
provisions of that act relating to temporary assistance for needy
families.
(Added to NRS by 2005, 22nd Special Session, 3 )
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 an alien 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 an alien 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 2005, 22nd Special Session, 3 )
STATE BOARD OF WELFARE AND SUPPORTIVE SERVICES
The State Board of
Welfare and Supportive Services, consisting of seven members appointed by
the Governor, is hereby created within the Division.
(Added to NRS by 2005, 22nd Special Session, 3 )
1. The Governor shall appoint members who have an interest in and
a knowledge of the field of public welfare.
2. Members of the Board must be selected to give statewide
representation, and not more than three members may be residents of the
same county.
3. Members of the Board may be removed for failure to attend Board
meetings.
(Added to NRS by 2005, 22nd Special Session, 3 )
1. The members of the Board shall meet at least twice each
calendar year to consider any issues related to public assistance and
other programs for which the Division is responsible that may be of
importance to members of the general public, the Governor or the
Division, at such places as the Board, the Chairman of the Board, the
Administrator or the Director deems appropriate.
2. Four members of the Board constitute a quorum, and a quorum may
exercise all the power and authority conferred on the Board.
3. The Board shall:
(a) At least 14 days before the date it holds a meeting, provide
public notice of the date, time and location of the meeting, in addition
to the notice required pursuant to NRS 241.020 .
(b) Keep minutes of all meetings of the Board, which must include
records of testimony and written comments presented to the Board, and
audio recordings or transcripts of all meetings of the Board and file the
minutes and audio recordings or transcripts with the Division. Except as
otherwise provided in NRS 241.035 , the
minutes and audio recordings or transcripts must be maintained as public
records.
(Added to NRS by 2005, 22nd Special Session, 3 ; A 2005, 1412 )
1. At the first meeting after the adjournment of any regular
session of the Legislature, the Board shall elect from its members a
Chairman and Vice Chairman. The terms of the offices of Chairman and Vice
Chairman expire upon the election of a Chairman and Vice Chairman at the
first meeting following the adjournment of the next regular session of
the Legislature.
2. If a vacancy occurs in the office of Chairman, the Vice
Chairman shall assume the duties of Chairman for the unexpired term. If a
vacancy occurs in the office of Vice Chairman, the Board shall, at its
next meeting, fill the vacancy for the unexpired term.
3. The Administrator shall act as the nonvoting recording
Secretary.
(Added to NRS by 2005, 22nd Special Session, 4 )
1. For each day’s attendance at each meeting of the Board, each
member of the Board is entitled to receive a salary of not more than $80
per day, as fixed by the Board.
2. While engaged in the business of the Board, each member and
employee of the Board is entitled to receive the per diem allowance and
travel expenses provided for state officers and employees generally.
(Added to NRS by 2005, 22nd Special Session, 4 )
1. The Board has only those powers and duties authorized by law.
2. The Board shall:
(a) Adopt regulations for its own management and government.
(b) Not later than 90 days after the date it holds a meeting,
advise the Legislature, if it is in regular session, the Governor, the
Director and the Division, based upon any testimony, written comments and
other matters considered at the meeting, of any recommendations of the
Board for legislation or other action relating to the administration of
public assistance and other programs for which the Division is
responsible.
(Added to NRS by 2005, 22nd Special Session, 4 )
ADMINISTRATOR OF DIVISION OF WELFARE AND SUPPORTIVE SERVICES
The Administrator must:
1. Be selected on the basis of his training, experience, capacity
and interest in public welfare services.
2. Be a graduate from an accredited college or university. In
appointing the Administrator, the Director shall, to the extent
practicable, give preference to a person who has a degree in a field of
social science, public administration, business administration or a
related field.
3. Have not less than 3 years of demonstrated successful
experience in the administration of a public agency, with responsibility
for general direction of programs of the public agency and determination
of policies for the implementation of programs of the public agency, or
any equivalent combination of training and experience.
4. Possess qualities of leadership.
(Added to NRS by 2005, 22nd Special Session, 4 ; A 2005, 25 )
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 2005, 22nd Special Session, 4 )
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. Reports to the Board.
3. A biennial report to the Director on the condition, operation
and functioning of the Division.
(Added to NRS by 2005, 22nd Special Session, 4 )
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 2005, 22nd Special Session, 5 )
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 2005, 22nd Special Session, 5 )
1. The Administrator or his 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 eligibility or continued eligibility for public assistance.
2. The Director or his designated representative may administer
oaths and take testimony thereunder and issue subpoenas requiring the
attendance of witnesses before the Department at a designated time and
place and the production of books, papers and records relative to
verification of treatment and payments to a provider of medical care,
remedial care or other services pursuant to the State Plan for Medicaid.
3. If a witness fails to appear or refuses to give testimony or to
produce books, papers and records as required by a subpoena issued
pursuant to this section, 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 2005, 22nd Special Session, 5 )
The Administrator may adopt
such regulations as are necessary for the administration of this chapter
and any program of the Division.
(Added to NRS by 2005, 22nd Special Session, 5 )
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 his 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 .
5. No objection to any regulation on the ground of noncompliance
with the procedural requirements of this section may be made more than 2
years after its effective date.
(Added to NRS by 2005, 22nd Special Session, 5 ; A 2005, 1412 )
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 his
office.
5. Inform the public in regard to the activities and operation of
the Division, and provide other information which will acquaint the
public with problems relating to welfare.
6. Conduct studies into the causes of the social problems with
which the Division is concerned.
7. Provide leadership in the community in order that all welfare
activities are pointed toward the single goal of improving the public
welfare.
8. Invoke any legal, equitable or special procedures for the
enforcement of his orders or the enforcement of the provisions of this
chapter.
9. Exercise any other powers that are necessary and proper for the
standardization of state work, to expedite business, to ensure fair
consideration of applications for aid and to promote the efficiency of
the service provided by the Division.
(Added to NRS by 2005, 22nd Special Session, 6 )
ADMINISTRATION AND PROCEDURE
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 program to provide Temporary Assistance for Needy
Families and the Program for Child Care and Development, must be provided
by appropriation by the Legislature from the State General Fund.
2. Disbursements for the purposes of this chapter must be made
upon claims duly filed and allowed in the same manner as other money in
the State Treasury is disbursed.
(Added to NRS by 2005, 22nd Special Session, 7 )
Any federal
money allotted to the State of Nevada for public assistance programs and
other programs for which the Division is responsible and such other money
as may be received by the State for such purposes must, except as
otherwise provided in NRS 425.363 , be
deposited in the appropriate accounts of the Division in the State
General Fund.
(Added to NRS by 2005, 22nd Special Session, 7 )
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.
(Added to NRS by 2005, 22nd Special Session, 7 )
If Congress passes any law
increasing the participation of the Federal Government in a Nevada
program for public assistance, 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 2005, 22nd Special Session, 7 )
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.
(Added to NRS by 2005, 22nd Special Session, 7 )
The Department shall:
1. Administer all public welfare programs of this State, including:
(a) State Supplementary Assistance;
(b) Temporary Assistance for Needy Families;
(c) Medicaid;
(d) Food Stamp Assistance;
(e) Low-Income Home Energy Assistance;
(f) The Program for Child Care and Development;
(g) The Program for the Enforcement of Child Support;
(h) The Children’s Health Insurance Program; and
(i) Other welfare activities and services provided for by the laws
of this State.
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 any of the services
and activities set forth in subsection 1.
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 welfare programs, and in increasing the efficiency
of welfare programs 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 welfare
needs 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
public assistance, welfare services and institutional care, when deemed
necessary or convenient by the Director.
6. Make such agreements with the Federal Government as may be
necessary to carry out the Supplemental Security Income Program.
(Added to NRS by 2005, 22nd Special Session, 7 )
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 make available to members of the general
public a summary of the State Plan for Temporary Assistance for Needy
Families established pursuant to this section.
4. The Division shall comply with each state plan adopted pursuant
to this section.
(Added to NRS by 2005, 22nd Special Session, 8 )
1. The Department shall provide public assistance pursuant to:
(a) The program established to provide Temporary Assistance for
Needy Families;
(b) Medicaid; or
(c) Any program for which a grant has been provided to this State
pursuant to 42 U.S.C. §§ 1397 et seq.,
Ê to a qualified alien who complies with the requirements established by
the Department pursuant to federal law and this chapter for the receipt
of benefits pursuant to that program.
2. As used in this section, “qualified alien” has the meaning
ascribed to it in 8 U.S.C. § 1641.
(Added to NRS by 2005, 22nd Special Session, 9 )
The Attorney General
and his deputies are the legal advisers for the Division.
(Added to NRS by 2005, 22nd Special Session, 9 )
1. Subject to the provisions of subsection 2, if an application
for public assistance or claim for services is not acted upon by the
Department within a reasonable time after the filing of the application
or claim for services, or is denied in whole or in part, or if any grant
of public assistance or claim for services is reduced, suspended or
terminated, the applicant for or recipient of public assistance or
services may appeal to the Department and may be represented in the
appeal by counsel or by another representative of his choice.
2. Upon the initial decision to deny, reduce, suspend or terminate
public assistance or services, the Department shall notify that applicant
or recipient of its decision, the regulations involved and his right to
request a hearing within a certain period. If a request for a hearing is
received within that period, the Department shall notify that person of
the time, place and nature of the hearing. The Department shall provide
an opportunity for a hearing of that appeal and shall review his case
regarding all matters alleged in that appeal.
3. The Department 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 amount of public assistance or services that
may be received by an applicant or recipient.
(Added to NRS by 2005, 22nd Special Session, 9 )
1. At any hearing held pursuant to the provisions of subsection 2
of NRS 422A.275 , 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 Department who
investigated or made the initial decision to deny, modify or cancel a
grant of public assistance or services shall not participate in the
making of any decision made pursuant to the hearing.
(Added to NRS by 2005, 22nd Special Session, 9 )
In any hearing held pursuant to
the provisions of subsection 2 of NRS 422A.275 :
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 him to testify, and
rebut the evidence against him.
(Added to NRS by 2005, 22nd Special Session, 10 )
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 disability as defined in NRS 50.050 , is entitled to the services of an interpreter
at public expense, subject to the provisions of NRS 50.052 and 50.053 .
The interpreter must be qualified to engage in the practice of
interpreting in this State pursuant to subsection 2 of NRS 656A.100
and must be appointed by the person
who presides at the hearing.
(Added to NRS by 2005, 22nd Special Session, 10 )
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 his attorney or other representative.
2. The Department or an applicant for or recipient of public
assistance or services 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
public assistance or services 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 Department.
(Added to NRS by 2005, 22nd Special Session, 10 )
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 2005, 22nd Special Session, 10 )
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.
(Added to NRS by 2005, 22nd Special Session, 11 )
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 2005, 22nd Special Session, 11 )
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 2005, 22nd Special Session, 11 )
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.
(Added to NRS by 2005, 22nd Special Session, 12 )
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 2005, 22nd Special Session, 12 )
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 his assistance being affected in any
way by an amending or repealing act.
(Added to NRS by 2005, 22nd Special Session, 12 )
The Administrator and the Division shall administer the provisions of
this chapter, subject to administrative supervision by the Director.
(Added to NRS by 2005, 22nd Special Session, 6 )
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
Division of Welfare and Supportive Services’ Gift and Cooperative Account
in the Department of Health and Human Services’ Gift Fund.
2. Money in the Account must be used for welfare 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 2005, 22nd Special Session, 7 )
1. Except as otherwise provided in subsection 2, a person who has
been convicted of a felony after August 22, 1996, an element of which is
the possession, use or distribution of a controlled substance, is not
eligible to receive any public assistance for which denial is required by
21 U.S.C. § 862a.
2. A person who has been convicted of a felony described in
subsection 1 may be determined to be eligible for assistance if that
person is participating in or has successfully completed a program for
the treatment of the abuse of controlled substances that has been
approved by the Division and:
(a) Demonstrates to the satisfaction of the Division that he has
not possessed, used or distributed controlled substances since he began
the program; or
(b) Is pregnant and a physician has certified in writing that the
health and safety of the mother and the unborn child are dependent upon
the receipt of benefits.
3. As used in this section, “controlled substance” has the meaning
ascribed to it in 21 U.S.C. § 802(6).
(Added to NRS by 2005, 22nd Special Session, 12 )
1. The Division shall:
(a) Periodically evaluate recipients of public assistance pursuant
to this chapter to identify recipients who are victims of domestic
violence.
(b) Refer a recipient who it determines is a victim of domestic
violence to appropriate counseling or other supportive services available
in the community in which the recipient resides.
2. Except as otherwise provided in this subsection, the Division
shall not disclose to any person other than the victim that a
determination of domestic violence has been made pursuant to this
section. The Division may disclose the information to the Secretary of
Health and Human Services or his designee for the purposes of including
that information in the Federal Parent Locator Service established
pursuant to 42 U.S.C. § 653.
(Added to NRS by 2005, 22nd Special Session, 13 )
1. Except as otherwise provided in subsection 3, as a condition to
the receipt of public assistance, a recipient must:
(a) Ensure that each dependent child for whom the recipient is
receiving assistance has received the standard immunizations established
for children by the regulations adopted pursuant to NRS 439.550 .
(b) Within 6 months after the determination of his eligibility for
public assistance, submit to the Division, in the manner specified in NRS
432A.230 and 432A.260 for admission to a child care facility,
proof that each dependent child for whom the recipient is receiving
assistance has received those standard immunizations.
2. The Division shall advise each recipient of the availability of
those standard immunizations through clinics for the immunization of
children held pursuant to NRS 439.535 .
3. The Division shall waive the requirements of subsection 1 if
the failure to immunize a dependent child is because of a religious
belief or medical condition and the recipient submits to the Division a
written statement of that fact in the manner specified in NRS 432A.240
or 432A.250 for admission to a child care facility.
4. A head of a household that is receiving benefits pursuant to
the program to provide Temporary Assistance for Needy Families who does
not comply with the requirements of this section:
(a) Shall be deemed to have failed to comply with the terms of the
plan for personal responsibility signed by the head of the household
pursuant to NRS 422A.535 ; and
(b) Is subject to the penalties prescribed by the Division pursuant
to NRS 422A.560 for failing to comply
with the terms of that plan.
(Added to NRS by 2005, 22nd Special Session, 13 )
1. As a condition to the receipt of public assistance, a recipient
who has control or charge of a child who is not less than 7 years of age,
but is less than 12 years of age, must comply with the provisions of NRS
392.040 with respect to that child.
2. If the head of a household that is receiving benefits pursuant
to the program to provide Temporary Assistance for Needy Families has
control or charge of a child who is not less than 7 years of age, but is
less than 12 years of age, the head of the household shall take every
reasonable action to ensure that the child is not at risk of failing to
advance to the next grade level in school.
3. If the head of a household that is receiving benefits pursuant
to the program to provide Temporary Assistance for Needy Families has
control or charge of a child who is not less than 7 years of age, but is
less than 12 years of age and:
(a) The head of the household does not comply with the provisions
of NRS 392.040 with respect to that
child; or
(b) That child is at risk of failing to advance to the next grade
level in school,
Ê the Division shall require the head of the household to review with the
Division the personal responsibility plan signed by him pursuant to NRS
422A.535 and revise the plan as
necessary to assist the head of the household in complying with the
provisions of NRS 392.040 and helping
the child to improve his academic performance.
(Added to NRS by 2005, 22nd Special Session, 13 )
Notwithstanding any other provision of this chapter, the Division shall
not, pursuant to this chapter, deny, reduce, discontinue or terminate any
public assistance in violation of any requirement of federal law or
condition to the receipt of federal money.
(Added to NRS by 2005, 22nd Special Session, 14 )
FINANCIAL RESPONSIBILITY OF RELATIVES
1. Spouse for spouse and parents for minor children are liable for
the support of an applicant for or recipient of public assistance.
2. The Division shall investigate the ability of responsible
relatives to contribute to the support of an applicant for or recipient
of public assistance and shall determine the amount of such support for
which such relative is responsible.
(Added to NRS by 2005, 22nd Special Session, 14 )
Written statements of information required from responsible relatives of
applicants or recipients need not be under oath, but any person signing
such statements who willfully states therein as true any material matter
which he knows to be false is subject to all the penalties for perjury as
provided by law.
(Added to NRS by 2005, 22nd Special Session, 14 )
The Division
shall advise the Attorney General of the failure of a responsible
relative to contribute to the support of a recipient of public assistance
as required by law. The Attorney General shall cause appropriate legal
action to be taken to enforce such support and, in addition, may collect
a reasonable fee which must be added to the costs of the action in any
Justice Court of the State, the expense of such fee and costs to be borne
by the relative. Any fees collected by the Attorney General under the
provisions of this section must be deposited in the State General Fund in
the State Treasury.
(Added to NRS by 2005, 22nd Special Session, 14 )
The liability
of a relative to contribute to the support of a recipient of public
assistance established by this chapter is not grounds for denying or
discontinuing public assistance to any person, but by accepting such
public assistance, the recipient thereof shall be deemed to consent to
suit in his name by the county against such responsible living relative
or relatives and to secure an order for his support.
(Added to NRS by 2005, 22nd Special Session, 14 )
PROGRAM TO PROVIDE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
As used in NRS 422A.500 to 422A.600 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 422A.505 to 422A.520 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2005, 22nd Special Session, 14 )
“Benefit” means any benefit
provided by the Division pursuant to the program.
(Added to NRS by 2005, 22nd Special Session, 14 )
“Head of household”
means a member of a household who receives benefits on behalf of the
household and is responsible for complying with the plan for personal
responsibility required by NRS 422A.535 and the agreement of cooperation required by
NRS 422A.540 .
(Added to NRS by 2005, 22nd Special Session, 15 )
“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 on each other for the basic necessities
of life.
(Added to NRS by 2005, 22nd Special Session, 15 )
“Program” means the program
established to provide Temporary Assistance for Needy Families.
(Added to NRS by 2005, 22nd Special Session, 15 )
The
Administrator:
1. Shall adopt regulations for the administration of the program;
2. Shall report to the Interim Finance Committee quarterly
concerning the regulations adopted by the Division for the administration
of the program;
3. May contract with any state or private agency to provide any of
the services of the program; and
4. May receive a grant of money from the Federal Government or any
other source to defray the costs of the program.
(Added to NRS by 2005, 22nd Special Session, 15 )
1. The Division shall make an assessment of the skills, prior work
experience and employability of each member of the applicant’s household.
2. The assessment required pursuant to subsection 1 must include
an evaluation of whether the members of the household need additional
services, including, without limitation, job training, child care,
treatment for the abuse of alcohol or drugs, mental health services or
any other services.
3. The applicant must, as a condition to the receipt of those
benefits, cooperate with the Division in making the assessment required
pursuant to subsection 1.
4. If the assessment required pursuant to subsection 1 indicates
that a member of the household may require mental health services, the
Division shall refer that member of the household to a person
professionally qualified in the field of psychiatric mental health.
5. As used in this section, “person professionally qualified in
the field of psychiatric mental health” has the meaning ascribed to it in
NRS 433.209 .
(Added to NRS by 2005, 22nd Special Session, 15 )
1. The Division shall, with the participation of the head of a
household who is applying for benefits, establish a written plan for
personal responsibility for the household. The plan for personal
responsibility must be based on the assessment made pursuant to NRS
422A.530 and 42 U.S.C. § 608.
2. In addition to the requirements set forth in 42 U.S.C. § 608,
the plan required pursuant to subsection 1 must:
(a) Identify the role of each member of the household and his
obligations pursuant to the plan;
(b) Be signed by the head of the household within 60 days after he
is determined to be eligible for benefits; and
(c) Specify a date, not later than 24 months after the date the
plan becomes effective, upon which the plan will expire.
3. The Division shall periodically review the plan required
pursuant to subsection 1 to determine whether the needs of the household
have changed. The Division may, with the participation of the head of the
household, amend the plan as it deems appropriate.
4. If a member of the household is an unmarried parent who is less
than 18 years of age, the plan required pursuant to subsection 1 must
include a provision which:
(a) Requires the head of the household to ensure that the unmarried
parent attends training to learn the skills necessary to care for the
child; and
(b) Encourages the head of the household to ensure that the
unmarried parent participates in a program which provides mentors for
unmarried parents who are less than 18 years of age.
(Added to NRS by 2005, 22nd Special Session, 15 )
1. The Administrator shall establish by regulation an agreement of
cooperation that must be signed by the head of a household as a condition
to the receipt of benefits.
2. The agreement required pursuant to subsection 1 must include a
statement of:
(a) The actions that the members of the household are expected to
take as a condition to the receipt of benefits; and
(b) The penalties that may be imposed by the Division pursuant to
NRS 422A.560 for failing to comply
with the provisions of the agreement or the plan for personal
responsibility signed by the head of the household pursuant to NRS
422A.535 .
(Added to NRS by 2005, 22nd Special Session, 16 )
Within 45 days after an applicant for benefits submits his application
to the Division, the Division shall:
1. Approve the application and begin providing benefits to the
applicant; or
2. Deny benefits to the applicant.
(Added to NRS by 2005, 22nd Special Session, 16 )
1. Subject to the provisions of 42 U.S.C. § 607(e), the Division
shall require each head of a household who is not suffering from a
hardship described in subsection 7 of NRS 422A.570 to perform work:
(a) Within a reasonable time after the Division determines that the
head of the household is capable of finding and performing work; or
(b) Not later than the date on which the head of the household has
received benefits for 24 months, regardless of whether those months are
consecutive or cumulative,
Ê whichever occurs earlier.
2. A head of a household who does not comply with the requirements
of this section:
(a) Shall be deemed to have failed to comply with the terms of the
plan for personal responsibility signed by him pursuant to NRS 422A.535
; and
(b) Is subject to the penalties prescribed by the Division pursuant
to NRS 422A.560 for the failure to
comply with the terms of that plan.
3. The Administrator shall adopt regulations setting forth the
activities that will constitute work for the purposes of this section.
(Added to NRS by 2005, 22nd Special Session, 16 )
1. Except as otherwise provided in this section, if the plan for
personal responsibility signed by the head of a household pursuant to NRS
422A.535 includes a requirement that
the head of the household complete a program of job training, the
Division may exempt the head of the household from that requirement upon
determining that:
(a) The head of the household:
(1) Is ill or physically incapacitated;
(2) Must care for an ill or incapacitated member of his
household;
(3) Is receiving payments or is awaiting approval for the
receipt of payments pursuant to the Supplemental Security Income Program;
(4) Is a single custodial parent of a child who is less than
1 year of age;
(5) Is not a recipient of benefits but receives benefits on
behalf of a member of his household who is a dependent;
(6) Is a person who is:
(I) Sixty years of age or older;
(II) The caretaker of a child; and
(III) A relative, other than a parent, of that child;
or
(7) Is pregnant and has been deemed unable to work by her
physician; or
(b) Any other good cause exists to exempt the head of the household
from the requirement to complete the program of job training.
2. A head of a household may not claim the exemption prescribed in
subparagraph (4) of paragraph (a) of subsection 1 for more than 12 months
during his lifetime, regardless of whether those months are consecutive
or cumulative.
3. The Division shall not exempt a head of a household pursuant to
this section if the exemption would violate a requirement of federal law
or a condition to the receipt of federal money.
(Added to NRS by 2005, 22nd Special Session, 16 )
1. Except as otherwise provided in this section:
(a) If the Division determines that the head of a household has not
complied with the terms of the plan for personal responsibility signed by
the head of the household pursuant to NRS 422A.535 or the agreement of cooperation signed by
the head of the household pursuant to NRS 422A.540 , the Division shall notify him that if his
failure to comply does not cease within 30 days after he is notified of
the failure to comply, the benefits provided to his household will be
reduced pursuant to paragraph (b).
(b) The Division shall adopt regulations establishing a schedule of
progressive penalties pursuant to which the benefits to the household
will be reduced or terminated because of the failure of the head of the
household to comply with the terms of the plan.
2. The Division shall not reduce, discontinue or terminate any
benefits pursuant to this section if the reduction, discontinuance or
termination would violate a requirement of federal law or a condition to
the receipt of federal money.
(Added to NRS by 2005, 22nd Special Session, 17 )
The Division shall not provide benefits to a person who is
prohibited from receiving benefits pursuant to 42 U.S.C. § 608(a).
(Added to NRS by 2005, 22nd Special Session, 17 )
1. Except as otherwise provided in subsection 2, a household that
receives benefits for 24 months, regardless of whether those months are
consecutive or cumulative, is prohibited from receiving additional
benefits for 12 consecutive months unless the head of the household is
suffering from a hardship.
2. The household may receive additional benefits for not more than
6 additional months, regardless of whether those months are consecutive
or cumulative, if the Administrator determines that providing benefits to
the household will significantly increase the likelihood that the head of
the household will become self-sufficient and will not need to apply for
benefits in the future. A household that receives any additional benefits
pursuant to this subsection is prohibited from receiving benefits for 12
consecutive months after the additional benefits cease to be provided
unless the head of the household is suffering from a hardship.
3. The Division shall not provide benefits to a household if an
adult member of that household has received benefits from this or any
other state for 60 months, regardless of whether those months are
consecutive or cumulative, unless the head of the household is suffering
from a hardship.
4. Except as otherwise provided in subsections 5 and 6, a
household that is receiving benefits beyond the period prescribed in
subsection 1, 2 or 3 because the head of the household is suffering from
a hardship may continue to receive benefits for as long as the head of
the household suffers from the hardship. Once the head of the household
no longer suffers from the hardship, the household is not eligible to
receive benefits:
(a) For 12 consecutive months if the household has not received
benefits from this or any other state for 60 months, regardless of
whether those months are consecutive or cumulative; or
(b) During the lifetime of the head of the household if the
household has received benefits from this or any other state for 60
months, regardless of whether those months are consecutive or cumulative,
unless the head of the household again suffers from a hardship.
5. A household that is receiving benefits pursuant to this section
because the head of the household is suffering from a hardship described
in paragraph (c) of subsection 7 may not receive benefits pursuant to
this section solely because of that hardship for more than 12 months
during the lifetime of the head of the household.
6. Notwithstanding any other provision of this section, if the
Administrator determines that the denial or suspension of benefits
provided to a household solely because the head of the household is
deemed to be suffering from a hardship is necessary to ensure that this
State does not exceed the limitation set forth in 42 U.S.C. §
608(a)(7)(C), the Administrator may deny or suspend such benefits. The
Administrator shall send written notice to a household whose benefits
will be denied or suspended pursuant to this subsection.
7. For the purposes of this section, the head of a household shall
be deemed to be suffering from a hardship if the Division determines that
he:
(a) Is ill or physically or mentally incapacitated;
(b) Must care for an ill or incapacitated member of his household;
(c) Is a single custodial parent of a child who is less than 1 year
of age;
(d) Is not a recipient of benefits but receives benefits on behalf
of a member of his household who is a dependent;
(e) Is an unmarried parent who:
(1) Is less than 18 years of age; and
(2) Complies with the requirements set forth in 42 U.S.C. §§
608(a)(4) and 608(a)(5);
(f) Is a person who is:
(1) Sixty years of age or older;
(2) The caretaker of a child; and
(3) A relative, other than a parent, of that child; or
(g) Is suffering from any other condition or circumstance that the
Administrator deems to be a hardship.
(Added to NRS by 2005, 22nd Special Session, 17 )
1. If the plan for personal responsibility signed by the head of a
household pursuant to NRS 422A.535
includes a provision providing for the payment of transitional assistance
to the head of the household, the Division may provide transitional
assistance to the head of the household if the household becomes
ineligible for benefits for one or more of the reasons described in 42
U.S.C. § 608(a)(11). The Division shall not provide transitional
assistance pursuant to this section for more than 12 consecutive months.
2. As used in this section, “transitional assistance” means:
(a) Assistance provided by the Division to low-income families to
pay for the costs of child care; or
(b) Medicaid provided pursuant to the plan administered by the
Department pursuant to NRS 422.271 .
(Added to NRS by 2005, 22nd Special Session, 19 )
1. The Division may, within the limitations of available funding,
provide for the payment by the Division of certain expenses on behalf of
an applicant for benefits if the Division determines that the applicant
is not in need of long-term benefits.
2. If the Division provides for the payment of expenses pursuant
to subsection 1, the Division shall specify the expenses for which
payment may be made.
(Added to NRS by 2005, 22nd Special Session, 19 )
1. The Division shall, within the limitations of available
funding, establish a program which promotes the self-sufficiency of a
natural father whose paternity is presumed pursuant to NRS 126.051 or a noncustodial parent of a child for whom
benefits are being received by a household.
2. If a natural father whose paternity is presumed pursuant to NRS
126.051 or a noncustodial parent of a
child for whom benefits are being received by a household chooses to
participate in the program established pursuant to subsection 1, the
Division may, within the limitations of available funding, increase the
amount of benefits provided to the head of the household on behalf of the
child.
(Added to NRS by 2005, 22nd Special Session, 19 )
The
Division shall, through its regional offices, encourage public and
private entities to provide employment opportunities for members of
households that are receiving benefits.
(Added to NRS by 2005, 22nd Special Session, 19 )
1. The Chief of the Program for the Enforcement of Child Support
of the Division or his designee may enforce a court order for the support
of a child against the parents of a noncustodial parent of a child if:
(a) The custodial parent and noncustodial parent of the child are
both less than 18 years of age; and
(b) The custodial parent of the child is a member of a household
that is receiving benefits.
2. If the Chief or his designee enforces a court order against the
parents of a noncustodial parent pursuant to subsection 1, the parents of
the noncustodial parent are jointly and severally liable for the payments
required pursuant to the order.
(Added to NRS by 2005, 22nd Special Session, 19 )
Notwithstanding any other provision of this
chapter, if the Division determines that:
1. The head of a household is a victim of domestic violence
pursuant to NRS 422A.350 ; and
2. Requiring the head of the household to comply with the
requirements of this chapter or the regulations adopted pursuant thereto
may endanger or threaten the physical safety of the head of the household,
Ê the Division may waive those requirements for such a period as it deems
appropriate.
(Added to NRS by 2005, 22nd Special Session, 19 )
PROGRAM TO ASSIST RELATIVES WHO HAVE LEGAL GUARDIANSHIP OF CHILDREN
1. The Department, through a division of the Department designated
by the Director, shall establish and administer a program to provide
supportive assistance to qualifying relatives of children who provide
care for and obtain the legal guardianship of those children.
2. As a condition to the provision of any supportive assistance
pursuant to this section:
(a) The child must:
(1) Have been placed in the care of his qualifying relative
for not less than 6 months; and
(2) If he is 14 years of age or older, consent to the legal
guardianship; and
(b) The qualifying relative must:
(1) Reside in this State;
(2) Have attained such a minimum age as the Department
specifies by regulation;
(3) Verify his relationship to the child; and
(4) File for and obtain court approval of the legal
guardianship and comply with any requirements imposed by the court.
3. The supportive assistance provided pursuant to this section
must include, within the limitations of available funding:
(a) Reimbursement of all or a portion of the legal fees incurred by
the qualifying relative to establish the legal guardianship;
(b) Payments of not more than the amount that the Department would
provide to a foster parent if the child had been placed in foster care;
(c) Assistance with:
(1) Child care;
(2) Respite care; and
(3) Transportation; and
(d) Any other assistance the Department deems appropriate.
4. The Department shall adopt such regulations as are necessary to
carry out the provisions of this section.
5. As used in this section, unless the context otherwise requires,
“qualifying relative” means a person specified in 45 C.F.R. §
233.90(c)(1)(v)(A).
(Added to NRS by 2005, 22nd Special Session, 20 )
UNLAWFUL 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 or misrepresentation,
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 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
this chapter 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 a change in his circumstances which would affect the amount
of assistance he receives, a rebuttable presumption arises that the
payment was fraudulently received.
3. For the purposes of subsection 1, “public assistance” includes
any money, property, medical or remedial care or any other service
provided pursuant to a state plan.
(Added to NRS by 2005, 22nd Special Session, 20 )
