USA Statutes : nevada
Title : Title 38 - PUBLIC WELFARE
Chapter : CHAPTER 428 - INDIGENT PERSONS
1. Except as otherwise provided in NRS 422.382 , 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. 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.
[1:51:1861; B § 3749; BH § 1981; C § 2154; RL § 2915; NCL § 5137] +
[1:11:1905; RL § 2926; NCL § 5148]—(NRS A 1971, 1181; 1985, 2033; 1987,
91, 882, 1514; 1993, 1971; 1995, 1430)
1. 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. 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 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.
Ê For the purposes of this subsection, “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. 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. 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.
(Added to NRS by 1987, 1512; A 1995, 2567)
For the
purposes of NRS 428.010 to 428.110
, inclusive:
1. The county of residence of a person is the county in which he
is physically present with the intent to reside, at least for an
indefinite period.
2. The county of residence of a person placed in institutional
care is the county of residence of that person before he was placed in
institutional care.
[2:11:1905; RL § 2927; NCL § 5149]—(NRS A 1989, 1858; 1991, 1743;
1993, 277)
1. When any person meets the uniform standards of eligibility
established by the board of county commissioners or by NRS 439B.310
, if applicable, and complies with any
requirements imposed pursuant to NRS 428.040 , he is entitled to receive such relief as is
in accordance with the policies and standards established and approved by
the board of county commissioners and within the limits of the money
which may be lawfully appropriated pursuant to NRS 428.050 , 428.285 and
450.425 for this purpose.
2. The board of county commissioners of the county of residence of
indigent inpatients shall pay hospitals for the costs of treating those
indigent inpatients and any nonresident indigent inpatients who fall sick
in the county an amount which is not less than the payment required for
providing the same treatment to patients pursuant to the State Plan for
Medicaid within the limits of money which may be lawfully appropriated
pursuant to NRS 428.050 , 428.285 and 450.425
for this purpose.
3. The board of county commissioners may:
(a) Make contracts for the necessary maintenance of indigent
persons;
(b) Appoint such agents as the board deems necessary to oversee and
provide the necessary maintenance of indigent persons;
(c) Authorize the payment of cash grants directly to indigent
persons for their necessary maintenance; or
(d) Provide for the necessary maintenance of indigent persons by
the exercise of the combination of one or more of the powers specified in
paragraphs (a), (b) and (c).
4. A hospital may contract with the Department of Health and Human
Services to obtain the services of a state employee to be assigned to the
hospital to evaluate the eligibility of patients applying for indigent
status. Payment for those services must be made by the hospital.
[4:51:1861; A 1943, 86; 1943 NCL § 5140]—(NRS A 1971, 1182; 1973,
1107; 1985, 2034; 1987, 91, 883, 1514, 1632; 1989, 1800, 1858; 1993,
1971; 1995, 1430, 2568; 1997, 1246)
When an application is made by an indigent
person to the board of county commissioners of any county for relief, the
board of county commissioners shall require the indigent person to:
1. Provide the information necessary to determine his county of
residence or nonresident status.
2. Provide the information necessary to determine his financial
condition and eligibility for medical and financial assistance.
3. Cooperate fully in applying for any federal or state assistance
for which he may be eligible.
[7:51:1861; A 1867, 116; R 1911, 413; A 1933, 8; 1931 NCL §
5143]—(NRS A 1979, 442; 1989, 1859; 1995, 2569)
1. To restrict the use or disclosure of any information concerning
applicants for or recipients of public assistance to those purposes
directly related to the administration of this chapter, and to provide
safeguards therefor, the board of county commissioners of each county
shall establish and enforce ordinances governing the custody, use and
preservation of the records, files and communications related to those
persons that are filed with the board.
2. If, under the provisions of law or the ordinances of a board of
county commissioners adopted pursuant to subsection 1, the names and
addresses of, or information concerning, applicants for or recipients of
public assistance are furnished to or held by any other agency or
department of government, the agency or department shall comply with the
ordinances of the board of county commissioners 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 related to 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 relating
to an applicant for or a recipient of public assistance under the
provisions of this chapter.
4. As used in this section, “public assistance” means medical or
financial assistance provided by a county pursuant to this chapter.
(Added to NRS by 1997, 2266)
1. In addition to the tax levied pursuant to NRS 428.185 and 428.285
and any tax levied pursuant to NRS 450.425 , the board of county commissioners of a county
shall, at the time provided for the adoption of its final budget, levy an
ad valorem tax to provide aid and relief to those persons coming within
the purview of this chapter. In a county whose population is 400,000 or
more, this levy must not exceed that adopted for the purposes of this
chapter for the fiscal year ending June 30, 1971, diminished by 12.3
cents for each $100 of assessed valuation. In a county whose population
is less than 400,000 the rate of the tax must be calculated to produce
not more than the amount of money allocated pursuant to NRS 428.295
.
2. The board of county commissioners of any county in which there
was no levy adopted for the purposes of this chapter for the fiscal year
ending June 30, 1971, may request that the Nevada Tax Commission
establish a maximum rate for the levy of taxes ad valorem by the county
to provide aid and relief pursuant to this chapter.
3. No county may expend or contract to expend for that aid and
relief a sum in excess of that provided by the maximum ad valorem levy
set forth in subsection 1 of this section and NRS 428.185 , 428.285 and
450.425 , or established pursuant to
subsection 2, together with such outside resources as it may receive from
third persons, including, but not limited to, expense reimbursements,
grants-in-aid or donations lawfully attributable to the county indigent
fund.
4. Except as otherwise provided in this subsection, no interfund
transfer, medium-term obligation procedure or contingency transfer may be
made by the board of county commissioners to provide resources or
appropriations to a county indigent fund in excess of those which may be
otherwise lawfully provided pursuant to subsections 1, 2 and 3 of this
section and NRS 428.185 , 428.285 and 450.425 .
If the health of indigent persons in the county is placed in jeopardy and
there is a lack of money to provide necessary medical care under this
chapter, the board of county commissioners may declare an emergency and
provide additional money for medical care from whatever sources may be
available.
[Part 8:51:1861; A 1867, 116; R 1911, 413; A 1933, 8; 1931 NCL §
5144]—(NRS A 1971, 1182; 1979, 1244; 1985, 2034; 1987, 91, 1241, 1308,
1632, 1674; 1989, 597, 1925; 1991, 480; 1997, 558)
1. If it appears to the satisfaction of the board of county
commissioners that the county of residence of an indigent person applying
for relief is another county in this State, the board shall provide
temporary relief for the indigent in accordance with the policies and
standards established and approved by the board of county commissioners
and within the limits of money which may be lawfully appropriated thereby
for this purpose pursuant to NRS 428.050 , 428.285 and
450.425 , and shall notify immediately
the board of county commissioners of the county of residence of the
indigent person.
2. The notice must be in writing, attested by the clerk of the
board of county commissioners, and deposited in the post office,
addressed to the board of county commissioners of the other county.
3. The board of county commissioners receiving the notice may
cause the indigent person to be removed immediately to that county, and
shall pay a reasonable compensation for the temporary relief afforded. If
the board of county commissioners chooses not to remove the indigent
person, the county affording relief has a legal claim against any money
lawfully available in that county for the relief necessarily furnished,
and may recover it in a suit at law.
[Part 8:51:1861; A 1867, 116; R 1911, 413; A 1933, 8; 1931 NCL §
5144] + [9:51:1861; B § 3757; BH § 1989; C § 2162; RL § 2923; NCL §
5145]—(NRS A 1971, 1182; 1979, 442; 1985, 2035; 1987, 91, 883; 1989, 1859)
1. The father, mother, children, brothers or sisters, of
sufficient financial ability so to do, shall pay to the county which has
extended county hospitalization to any person under the provisions of NRS
428.030 , the amount granted to such
person.
2. A recipient of aid under the provisions of NRS 428.030 who later acquires sufficient financial
ability so to do shall reimburse the county which extended county
hospitalization to him for any unpaid portion of the aid granted. Action
against the relatives of such person is not a condition precedent to
action against him.
3. The board of county commissioners shall advise the Attorney
General of the failure of a responsible person to pay such amount and the
Attorney General shall cause appropriate legal action to be taken to
enforce the collection of all or part of such amount. If suit is filed to
enforce the collection, the court shall determine the question of the
sufficiency of the financial ability of the person against whom such
action is filed, but the board of county commissioners shall determine
the responsible person to be sued, and failure of an action against one
such person shall not preclude subsequent or concurrent actions against
others.
[4.5:51:1861; added 1949, 592; 1943 NCL § 5140.01]—(NRS A 1961, 92;
1969, 440)
Notwithstanding any other provision of law, the
board of county commissioners may make budgetary provision for the
transportation of an indigent person who is a nonresident or whose county
of residence is another county, to the state or county of residence of
the indigent person. If money is so budgeted, the board of county
commissioners is authorized to direct their expenditure for that purpose.
[1:97:1949; 1943 NCL § 1981.01]—(NRS A 1989, 1859)
1. When a nonresident or any other person who meets the uniform
standards of eligibility prescribed by the board of county commissioners
or by NRS 439B.310 , if applicable,
falls sick in the county, not having money or property to pay his board,
nursing or medical aid, the board of county commissioners of the proper
county shall, on complaint being made, give or order to be given such
assistance to the poor person as is in accordance with the policies and
standards established and approved by the board of county commissioners
and within the limits of money which may be lawfully appropriated for
this purpose pursuant to NRS 428.050 ,
428.285 and 450.425 .
2. If the sick person dies, the board of county commissioners
shall give or order to be given to the person a decent burial or
cremation.
3. Except as otherwise provided in NRS 422.382 , the board of county commissioners shall make
such allowance for the person’s board, nursing, medical aid, burial or
cremation as the board deems just and equitable, and order it paid out of
the county treasury.
4. The responsibility of the board of county commissioners to
provide medical aid or any other type of remedial aid under this section
is relieved to the extent provided in NRS 422.382 and to the extent of the amount of money or
the value of services provided by:
(a) The Department of Health and Human Services to or for such
persons for medical care or any type of remedial care under the State
Plan for Medicaid; and
(b) The Fund for Hospital Care to Indigent Persons under the
provisions of NRS 428.115 to 428.255
, inclusive.
[6:51:1861; B § 3754; BH § 1986; C § 2159; RL § 2920; NCL §
5142]—(NRS A 1957, 347; 1963, 929; 1967, 1166; 1969, 112; 1971, 1183;
1973, 1406; 1979, 1245; 1981, 1911; 1983, 1942; 1985, 2035; 1987, 91,
884; 1993, 1972; 1995, 1429, 1430; 1997, 1246; 1999, 2235 )
1. A person who is denied by a county medical or financial
assistance pursuant to this chapter may appeal that denial in accordance
with procedures adopted by the county. Each county shall adopt procedures
for appeals which comply with the requirements of this section.
2. The procedures must provide for adequate notice to the person
denied assistance and the opportunity for a hearing. Any employee or
other representative of the county who investigated or made the initial
decision to deny assistance shall not participate in any decision made
pursuant to the hearing.
3. A decision adverse to the person denied assistance must be in
writing and set forth the factual basis for the decision and the
applicable regulation. A copy of the decision must be served personally
or by certified mail upon each party and his representative.
4. A person aggrieved by the final decision of the county may,
within 30 days after the date on which the written notice of the decision
is served or mailed, petition the district court where he resides to
review the decision. The court shall review the decision on the record of
the case before the county, a copy of which must be certified as correct
by the county and filed with the court as part of its answer to the
petition.
5. Before the date set by the court for a 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 county, the court may
order that the additional evidence be taken before the county upon
conditions determined by the court. The county may modify its findings
and decisions by reason of the additional evidence and shall file that
evidence and any modifications, new findings or decisions with the
reviewing court.
6. The review must be conducted by the court without a jury and
must be confined to the record. The court, at the request of a party, may
hear oral arguments and receive written briefs.
7. The court shall not substitute its judgment for that of the
county as to the weight of the evidence on questions of fact. The court
may affirm the decision of the county or remand the case for further
proceedings. The court may reverse the decision and remand the case to
the county for further proceedings if it determines that substantial
rights of the appellant have been prejudiced because the county’s
findings, inferences, conclusions or decisions are:
(a) In violation of constitutional, statutory or regulatory
provisions;
(b) In excess of the statutory authority of the county;
(c) Made in accordance with an unlawful procedure;
(d) Affected by other errors of law;
(e) Clearly erroneous in view of the reliable, probative and
substantial evidence on the whole record; or
(f) Arbitrary and capricious.
8. An aggrieved party may appeal any final judgment of the
district court to the Supreme Court in the same manner as a civil case.
(Added to NRS by 1987, 1513)
1. Counties in which physicians, dentists, their respective
assistants and county hospitals render treatment to indigents or needy
persons without charge or at cost or below cost may procure, carry and
maintain liability insurance protecting such members of the healing arts
and hospitals and indemnifying them against any claim or action by or on
behalf of any such indigent or needy person or contribute to the cost of
such insurance.
2. If such insurance is provided it shall be coverage in the
amount of at least $100,000 for each occurrence.
3. The liability insurance provided in subsections 1 and 2 shall
provide for indemnity whether or not the physician, dentist, assistant or
hospital is required by law or the rules of his profession to treat any
indigent or needy person without charge.
(Added to NRS by 1971, 1491; A 1977, 959)
If the board of county commissioners of
any county thinks it proper, the board may:
1. Cause to be built in the county workhouses for the
accommodation or employment of such indigents as may, from time to time,
become a county charge, and such workhouse and indigent shall be under
such rules and regulations as the board of county commissioners may deem
proper and just.
2. Purchase a suitable tract of land not to exceed 80 acres in
extent, within 4 miles of the workhouse, or any county hospital
heretofore or hereafter established, or any home for the indigent poor or
sick heretofore or hereafter established, for a county aged home. The
board of county commissioners is authorized to pay for the purchase of
the county aged home out of the county general fund.
[10:51:1861; A 1915, 17; 1945, 129; 1943 NCL § 5146]
1. Any person who brings into or leaves within, or aids another
person in bringing into or leaving within any county, an indigent person
who is a nonresident or whose county of residence is another county,
knowingly and for the purpose of imposing the indigent person as a public
charge on the county to which the person is brought or left is guilty of
a misdemeanor.
2. Any person who brings into or leaves within any county, an
indigent person who is a nonresident or whose county of residence is
another county, knowing him to be an indigent person, shall forfeit and
pay the sum of $100 for each offense, to be sued for and recovered by and
to the use of the county in a civil action before any court of competent
jurisdiction.
[11:51:1861; B § 3759; BH § 1991; C § 2164; RL § 2925; NCL § 5147]
+ [3:11:1905; RL § 2928; NCL § 5150]—(NRS A 1967, 576; 1989, 1859)
HOSPITAL CARE FOR INDIGENT PERSONS
As used in NRS 428.115 to 428.255 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 428.125 to 428.165
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1983, 1939; A 1993, 333; 2005, 1675 )
“Board” means the Board of Trustees
of the fund.
(Added to NRS by 1983, 1939)
“Fund” means the Fund for Hospital
Care to Indigent Persons.
(Added to NRS by 1993, 332)
“Hospital” means an establishment
which has the staff and equipment to provide diagnosis, care and
treatment of all stages of human injury and illness and which provides
24-hour medical care.
(Added to NRS by 1983, 1939; A 1989, 758; 1993, 333)
“Hospital care” means:
1. Services furnished by a hospital to a patient between the time
of his admission and the time of his discharge, including:
(a) Bed and board;
(b) Drugs; and
(c) Anesthesia, nursing services, equipment, supplies and
laboratory and radiological services, whether furnished directly by the
hospital or pursuant to a contractual arrangement made by the hospital;
and
2. Services of a physician rendered to a patient in a hospital
between the time of his admission and the time of his discharge.
(Added to NRS by 1983, 1939)
“Injury
in a motor vehicle accident” means any personal injury accidentally
caused in, by or as the proximate result of the movement of a motor
vehicle on a public street or highway, whether the injured person was the
operator of the vehicle or another vehicle, a passenger in the vehicle or
another vehicle, a pedestrian, or had some other relationship to the
movement of a vehicle.
(Added to NRS by 1983, 1940)
1. The Fund for Hospital Care to Indigent Persons is hereby
created as a special revenue fund for the purposes described in NRS
428.115 to 428.255 , inclusive.
2. All money collected or recovered pursuant to NRS 428.115 to 428.255 ,
inclusive, and the interest earned on the money in the Fund must be
deposited for credit to the Fund. Claims against the Fund must be paid on
claims approved by the Board.
(Added to NRS by 1983, 1941; A 1987, 207; 1997, 125; 2005, 1675
)
1. In addition to the taxes levied pursuant to NRS 428.050 and 428.285
and any tax levied pursuant to NRS 450.425 , the board of county commissioners of each
county shall levy an ad valorem tax at a rate which must be calculated by:
(a) First multiplying the tax rate of 1.5 cents on each $100 of
assessed valuation by the assessed valuation of all taxable property in
this State, including new real property, possessory interests and mobile
homes, during the next fiscal year.
(b) Then subtracting the amount of unencumbered money in the Fund
on May 1 of the current fiscal year.
(c) Then setting the rate so that the revenue from the tax does not
exceed the amount resulting from the calculations made in paragraphs (a)
and (b).
2. The tax so levied and its proceeds must be excluded in
computing the maximum amount of money which the county is permitted to
receive from taxes ad valorem and the highest permissible rate of such
taxes.
3. The proceeds of this tax must be remitted in the manner
provided for in NRS 361.745 to the
State Controller for credit to the Fund.
(Added to NRS by 1983, 1942; A 1987, 208; 1989, 1860; 1991, 481;
1993, 2789; 2001, 2926 )
1. The Fund must be administered by a Board of Trustees composed
of five county commissioners appointed by the Governor from a list of ten
nominees submitted by the Board of Directors of the Nevada Association of
Counties.
2. Each member of the Board of Trustees shall serve a term of 1
year or until his successor has been appointed and has qualified.
3. The position of a member of the Board of Trustees shall be
considered vacated upon his loss of any of the qualifications required
for his appointment and in that event the Governor shall appoint a
successor from a list of two nominees submitted by the Board of Directors
of the Nevada Association of Counties.
(Added to NRS by 1983, 1941)
The Board
shall administer the Fund and for that purpose may:
1. Enter into all necessary contracts and agreements.
2. Purchase appropriate insurance to cover that portion of a claim
for which the Fund is liable and which exceeds an amount agreed upon by
the Board and the insurer.
3. Employ personnel as necessary and prescribe their compensation
and working conditions.
4. Enter into agreements with the Department of Administration to
obtain the services of consultants, attorneys, auditors, accountants,
actuaries and managers of risk.
5. Rent, lease, purchase or otherwise procure or receive real or
personal property.
6. Adopt regulations necessary for carrying out the provisions of
NRS 428.115 to 428.255 , inclusive.
(Added to NRS by 1983, 1941)
[Expires by limitation on July 1,
2007, if the Federal Government has not approved the waiver applied for
pursuant to NRS 422.2726 .]
1. The Board may authorize counties to apply to the Board for
reimbursement or partial reimbursement of unpaid charges for hospital
care in excess of $25,000 to any one person which have been incurred by a
person certified as indigent by the board of county commissioners
pursuant to this chapter.
2. The Board shall set forth the circumstances under which and the
manner in which counties may apply for reimbursement pursuant to this
section, including, without limitation, any amount of money that the
county must expend before it may apply for reimbursement pursuant to this
section.
3. The Board may review an application it receives pursuant to
this section and approve or disapprove reimbursement of all or part of
the unpaid charges in excess of $25,000. If reimbursement or partial
reimbursement is approved, payment to the county must be made from the
Fund, to the extent money is available in the Fund, and the county must
reimburse the provider of care for the care given to any one indigent
person which exceeds $25,000 but only to the extent of the money
reimbursed or partially reimbursed to the county from the Fund on account
of that patient.
4. Upon payment to the county, the Board:
(a) Is subrogated to the right of the county to recover unpaid
charges from the indigent person or from other persons responsible for
his support, to the extent of the reimbursement or partial reimbursement
paid; and
(b) Has a lien upon the proceeds of any recovery by the county from
the indigent person or other person responsible for his support, to the
extent of the reimbursement or partial reimbursement paid from the Fund.
(Added to NRS by 2005, 1674 )
Whenever hospital care is furnished to a
person on account of an injury suffered by the person in a motor vehicle
accident, the hospital shall use reasonable diligence to collect the
amount of the charges for that care from the patient or any other person
responsible for his support. The hospital may request the board of county
commissioners of the county in which:
1. The accident occurred, if the person is not a resident of this
state and the accident occurred in this state; or
2. The person resides, if the person is a resident of this state,
Ê to determine whether the person who received the care is an indigent
person.
(Added to NRS by 1983, 1940; A 1989, 758)
1. If, after investigation, the board of county commissioners
determines that the person is an indigent person, the board of county
commissioners shall so certify in writing to the hospital and to the
Board of Trustees of the Fund.
2. For the purposes of this section, a person shall be deemed an
indigent person and unable to pay for hospital care furnished to him if
it appears that, upon diligent search and inquiry, neither he nor any
other person responsible for his support can be found for service of
process or that, if an action were brought and judgment secured against
him, or against any person responsible for his support, for the amount of
the unpaid charges, execution on the judgment would be unavailing.
(Added to NRS by 1983, 1940)
1. If the hospital receives a certification that the person is an
indigent person and it has complied with the procedures for collection
established by the Board of Trustees of the Fund, it may apply to the
Board for reimbursement or partial reimbursement of the unpaid charges
for hospital care furnished to him.
2. The application must be in such form and contain such
information as the Board requires.
3. If such an indigent patient is transferred, within 3 days after
his first admission, from one hospital to another, both hospitals are
entitled to reimbursement in full for their unpaid charges.
(Added to NRS by 1983, 1940; A 1987, 1663)
1. The Board shall review the application and approve or
disapprove reimbursement of all or part of the unpaid charges. If
reimbursement or partial reimbursement is approved, payment to the
hospital must be made from the Fund, to the extent money is available in
the Fund for this purpose, and the hospital must reimburse pro rata any
private physician whose charges were included in the application.
2. Upon payment to the hospital:
(a) The Board is subrogated to the right of the hospital or
physician to recover the unpaid charges from the patient or other person
responsible for his support, to the extent of the reimbursement or
partial reimbursement paid, and may maintain an independent action
therefor; and
(b) The Board has a lien upon the proceeds of any recovery by the
hospital or physician from the patient or other person responsible for
his support, to the extent of the reimbursement or partial reimbursement
paid.
(Added to NRS by 1983, 1940; A 1987, 1664)
Any reimbursement
or partial reimbursement made from the Fund for unpaid charges for
hospital care furnished to a person which are not greater than $3,000, is
a charge upon the county in which:
1. The accident occurred, if the person is not a resident of this
state and the accident occurred in this state; or
2. The person resides, if the person is a resident of this state,
Ê and must be paid upon a claim presented by the Board as other claims
against the county are paid.
(Added to NRS by 1983, 1941; A 1987, 1664; 1989, 758)
OTHER MEDICAL CARE
[Effective through June 30, 2007, and
after that date if the Federal Government approves the waiver applied for
pursuant to NRS 422.2726 .] As used in
NRS 428.265 to 428.305 , inclusive:
1. “Fund” means the fund for medical assistance to indigent
persons.
2. “Supplemental Account” means the Supplemental Account for
Medical Assistance to Indigent Persons.
(Added to NRS by 1985, 2031; A 1987, 91; 1991, 1769; 2005, 1675
)
[Effective July 1, 2007, if the Federal
Government has not approved the waiver applied for pursuant to NRS
422.2726 .] As used in NRS 428.265
to 428.345 , inclusive:
1. “Fund” means the fund for medical assistance to indigent
persons.
2. “Supplemental Account” means the Supplemental Account for
Medical Assistance to Indigent Persons.
(Added to NRS by 1985, 2031; A 1987, 91; 1991, 1769; 2005, 1675
, effective July 1, 2007, if the Federal
Government has not approved the waiver applied for pursuant to NRS
422.2726)
[Effective through June 30, 2007, and after that date if the Federal
Government approves the waiver applied for pursuant to NRS 422.2726
.]
1. The board of county commissioners of a county shall before July
1, 1985, by ordinance, create in the county treasury a fund to be
designated as the fund for medical assistance to indigent persons.
2. The money in the fund must be used in the manner set forth in
NRS 428.295 and to fund, in part, the
waiver obtained pursuant to NRS 422.2726 and any program established pursuant to NRS
422.2728 .
3. All money collected or recovered pursuant to this section and
NRS 428.285 , and the interest earned on
the money in the fund must be deposited for credit to the fund. Claims
against the fund must be paid on claims approved by the board of county
commissioners. Any money remaining in the fund at the end of any fiscal
year does not revert to the county general fund.
(Added to NRS by 1985, 2031; A 1987, 91, 1308; 2005, 1675 )
[Effective July 1, 2007, if the Federal Government has not approved the
waiver applied for pursuant to NRS 422.2726 .]
1. The board of county commissioners of a county shall before July
1, 1985, by ordinance, create in the county treasury a fund to be
designated as the fund for medical assistance to indigent persons.
2. The money in the fund must be used for reimbursement, as
provided in NRS 428.335 and 428.345
, of any unpaid charges for medical care
furnished to an indigent person who falls sick in the county other than
care furnished on account of an injury suffered in a motor vehicle
accident.
3. All money collected or recovered pursuant to this section and
NRS 428.285 , and the interest earned on
the money in the fund must be deposited for credit to the fund. Claims
against the fund must be paid on claims approved by the board of county
commissioners. Any money remaining in the fund at the end of any fiscal
year does not revert to the county general fund.
(Added to NRS by 1985, 2031; A 1987, 91, 1308; 2005, 1675 , effective July 1, 2007, if the Federal
Government has not approved the waiver applied for pursuant to NRS
422.2726)
[Effective through June 30, 2007, and after that
date if the Federal Government approves the waiver applied for pursuant
to NRS 422.2726 .]
1. The board of county commissioners of each county shall
establish a tax rate of at least 6 cents on each $100 of assessed
valuation for the purposes of the tax imposed pursuant to subsection 2. A
board of county commissioners may increase the rate to not more than 10
cents on each $100 of assessed valuation.
2. In addition to the levies provided in NRS 428.050 and 428.185
and any tax levied pursuant to NRS 450.425 , the board of county commissioners shall levy
a tax ad valorem at a rate necessary to produce revenue in an amount
equal to an amount calculated by multiplying the assessed valuation of
all taxable property in the county by the tax rate established pursuant
to subsection 1, and subtracting from the product the amount of
unencumbered money remaining in the fund on May 1 of the current fiscal
year.
3. For each fiscal year beginning on or after July 1, 1989, the
board of county commissioners of each county shall remit to the State
Controller from the money in the fund an amount of money equivalent to 1
cent on each $100 of assessed valuation of all taxable property in the
county for credit to the Supplemental Account.
4. The tax so levied and its proceeds must be excluded in
computing the maximum amount of money which the county is permitted to
receive from taxes ad valorem and the highest permissible rate of such
taxes.
(Added to NRS by 1985, 2031; A 1987, 91; 1989, 1860; 1991, 481;
2001, 2926 ; 2005, 1675 )
[Effective July 1, 2007, if the Federal Government has
not approved the waiver applied for pursuant to NRS 422.2726 .]
1. The board of county commissioners of each county shall
establish a tax rate of at least 6 cents on each $100 of assessed
valuation for the purposes of the tax imposed pursuant to subsection 2. A
board of county commissioners may increase the rate to not more than 10
cents on each $100 of assessed valuation.
2. In addition to the levies provided in NRS 428.050 and 428.185
and any tax levied pursuant to NRS 450.425 , the board of county commissioners shall levy
a tax ad valorem at a rate necessary to produce revenue in an amount
equal to an amount calculated by multiplying the assessed valuation of
all taxable property in the county by the tax rate established pursuant
to subsection 1, and subtracting from the product the amount of
unencumbered money remaining in the fund on May 1 of the current fiscal
year.
3. For each fiscal year beginning on or after July 1, 1989, the
board of county commissioners of each county shall remit to the State
Controller from the money in the fund an amount of money equivalent to 1
cent on each $100 of assessed valuation of all taxable property in the
county for credit to the supplemental fund.
4. The tax so levied and its proceeds must be excluded in
computing the maximum amount of money which the county is permitted to
receive from taxes ad valorem and the highest permissible rate of such
taxes.
(Added to NRS by 1985, 2031; A 1987, 91; 1989, 1860; 1991, 481;
2001, 2926 ; 2005, 1675 , effective July 1, 2007, if the Federal
Government has not approved the waiver applied for pursuant to NRS
422.2726)
1. For each fiscal year the board of county commissioners shall,
in the preparation of its final budget, allocate money for medical
assistance to indigents pursuant to this chapter.
2. In a county whose population is less than 400,000, the amount
allocated must be calculated by multiplying the amount allocated for that
purpose for the previous fiscal year by 104.5 percent.
3. When, during any fiscal year, the amount of money expended by
the county for any program of medical assistance for those persons
eligible pursuant to this chapter exceeds the amount allocated for that
purpose in its budget, the board of county commissioners shall, to the
extent that money is available in the fund, pay claims against the county
from the fund for that purpose.
(Added to NRS by 1985, 2032; A 1987, 91, 1242; 1989, 1861)
[Effective through June 30, 2007, and after that date if the Federal
Government approves the waiver applied for pursuant to NRS 422.2726
.]
1. The Supplemental Account for Medical Assistance to Indigent
Persons is created in the Fund for Hospital Care for Indigent Persons.
The interest earned on the money in the Supplemental Account must be
deposited for credit to the Supplemental Account.
2. Beginning with the fiscal year that begins on July 1, 2005, at
the end of each quarter of a fiscal year, the balance in the Supplemental
Account must be transferred to the Health Insurance Flexibility and
Accountability Holding Account in the State General Fund in an amount not
to exceed the amount of any appropriation provided by the Legislature to
fund a program established pursuant to NRS 422.2728 .
3. Any money remaining in the Health Insurance Flexibility and
Accountability Holding Account at the end of each fiscal year reverts to
the Fund for Hospital Care to Indigent Persons and to the State General
Fund in equal amounts.
(Added to NRS by 1985, 2032; A 1987, 91, 208; 1989, 1861; 1991,
1769; 2005, 1676 )
[Effective July 1, 2007, if the Federal Government has
not approved the waiver applied for pursuant to NRS 422.2726 .]
1. The Supplemental Account for Medical Assistance to Indigent
Persons is created in the Fund for Hospital Care for Indigent Persons.
Any money recovered pursuant to NRS 428.345 and the interest earned on the money in the
Supplemental Account must be deposited for credit to the Supplemental
Account.
2. If the balance in the Supplemental Account exceeds $2,000,000
on May 1, the excess must be credited pro rata against the amounts due
from the respective counties.
(Added to NRS by 1985, 2032; A 1987, 91, 208; 1989, 1861; 1991,
1769; 2005, 1676 , effective July 1, 2007, if the Federal
Government has not approved the waiver applied for pursuant to NRS
422.2726)
[Effective July
1, 2007, if the Federal Government has not approved the waiver applied
for pursuant to NRS 422.2726 .] The
Board of Trustees of the Fund for Hospital Care to Indigent Persons shall
administer the Supplemental Account and for that purpose may:
1. Enter into all necessary contracts and agreements.
2. Employ personnel as necessary and prescribe their compensation
and working conditions.
3. Enter into agreements with the Department of Administration to
obtain the services of attorneys, auditors and accountants.
4. Rent, lease, purchase or otherwise procure or receive real or
personal property.
5. Adopt regulations necessary for carrying out the provisions of
NRS 428.305 to 428.345 , inclusive.
(Added to NRS by 1985, 2032; A 1987, 91; 1991, 1770; R temp. 2005,
1677 , expires by limitation on July 1, 2007,
if the Federal Government has not approved the waiver applied for
pursuant to NRS 422.2726)
[Effective July 1,
2007, if the Federal Government has not approved the waiver applied for
pursuant to NRS 422.2726 .]
1. If during any fiscal year the amount of money expended by a
county to provide assistance to those persons eligible pursuant to this
chapter exceeds the amount available to a county under the provisions of
subsections 1 and 2 of NRS 428.295 , the
board of county commissioners may apply to the Board of Trustees of the
Fund for Hospital Care to Indigent Persons for reimbursement or partial
reimbursement of unpaid charges for hospital care in excess of $25,000 to
any one person which have been incurred by a person certified as indigent
by the board of county commissioners pursuant to this chapter.
2. The board of county commissioners must certify that each person
on whose account application is made is indigent and the county has
expended 90 percent of the amount of money available to that county
pursuant to subsections 1 and 2 of NRS 428.295 . The application must be in such form and
contain such information as the Board of Trustees requires.
(Added to NRS by 1985, 2033; A 1987, 91, 1242; R temp. 2005, 1677
, expires by limitation on July 1, 2007,
if the Federal Government has not approved the waiver applied for
pursuant to NRS 422.2726)
[Effective July 1, 2007, if the Federal Government has not approved the
waiver applied for pursuant to NRS 422.2726 .]
1. The Board of Trustees of the Fund for Hospital Care to Indigent
Persons shall review the application and approve or disapprove
reimbursement of all or part of the unpaid charges in excess of $25,000.
If reimbursement or partial reimbursement is approved, payment to the
county must be made from the Supplemental Account, to the extent money is
available in the Supplemental Account, and the county must reimburse the
provider of care for the care given to any one indigent person which
exceeds $25,000 but only to the extent of the money reimbursed or
partially reimbursed to the county from the Supplemental Account on
account of that patient.
2. Upon payment to the county, the Board of Trustees:
(a) Is subrogated to the right of the county to recover unpaid
charges from the indigent person or from other persons responsible for
his support, to the extent of the reimbursement or partial reimbursement
paid; and
(b) Has a lien upon the proceeds of any recovery by the county from
the indigent person or other person responsible for his support, to the
extent of the reimbursement or partial reimbursement paid from the
Supplemental Account.
(Added to NRS by 1985, 2033; A 1987, 91; 1991, 1770; R temp. 2005,
1677 , expires by limitation on July 1, 2007,
if the Federal Government has not approved the waiver applied for
pursuant to NRS 422.2726)
COMMUNITY SERVICES BLOCK GRANTS
As used in this section and NRS 428.365
and 428.375 , unless the context otherwise requires:
1. “Community Services Block Grant Act” means the federal act set
forth in 42 U.S.C. §§ 9901 et seq.
2. “Director” means the Director of the Department of Health and
Human Services.
3. “Eligible entity” has the meaning ascribed to it in 42 U.S.C. §
9902.
(Added to NRS by 1987, 1665; A 1993, 1621; 2001, 1019 ; 2005, 22nd Special Session, 39 )
1. The Director shall administer any federal allotment received by
this State pursuant to the Community Services Block Grant Act for the
amelioration of the causes of poverty within this State.
2. The Director shall not spend more than 5 percent of each
federal allotment, or $55,000, whichever is greater, for the
administrative expenses of the Department of Health and Human Services
relating to the allotment. He shall grant not less than 90 percent of the
allotment to eligible entities for the purposes specified in the
Community Services Block Grant Act. He may spend the remainder of the
allotment in any manner not inconsistent with the terms of the federal
grant.
3. Money granted to an eligible entity and not obligated for
expenditure before the end of the year of the grant may be recaptured and
redistributed by the Director to the extent and in the manner set forth
in 42 U.S.C. § 9907.
(Added to NRS by 1987, 1665; A 1993, 1621; 2001, 1019 )
NRS 428.375 Plan for statewide use and distribution of
money; public hearings on proposed plans; preparation and filing of final
plan; distribution of allotment; applications for grants.
1. The Director, after consulting with eligible
entities, shall develop a plan for the statewide use and distribution of
the money to be provided through the Community Services Block Grant Act
as set forth in 42 U.S.C. § 9908.
2. The Director shall hold at least one public hearing
to receive public comment on each proposed plan for the statewide use and
distribution of the money to be provided through the Community Services
Block Grant Act.
3. The Interim Finance Committee shall hold a public
hearing to receive public comment on each proposed plan for the statewide
use and distribution of the money to be provided through the Community
Services Block Grant Act.
4. After reviewing the comments made at the public
hearings held pursuant to subsections 2 and 3, the Director shall prepare
the final plan for the statewide use and distribution of the money to be
provided through the Community Services Block Grant Act and file a copy
of the plan with the Interim Finance Committee.
5. The proposed distribution of the portion of each
allotment set aside for eligible entities must allocate, as nearly as
practicable:
(a) A base amount for each community action agency which
was authorized pursuant to 42 U.S.C. § 2790 before that section was
repealed and which received money from the allotment for the previous
federal fiscal year;
(b) A uniform base amount for each of the other eligible
entities in the state; and
(c) The remainder among all eligible entities based on
the comparative number of persons in the respective counties whose income
is at or below the federally designated level signifying poverty.
6. To apply for a grant, an eligible entity must submit
an application to the Director in the manner established by the Director.
The application must include a detailed description of the proposed use
of the grant.
7. The Director shall provide for assistance and
instruction for all potential applicants, including eligible entities, in
the preparation of applications and the requirements related to the use
of the grants.
(Added to NRS by 1987, 1665; A 2001, 1020 )
Repealed. (See chapter 1, Statutes of Nevada 2005, 22nd
Special Session, at page 63 .)
Repealed. (See chapter 1,
Statutes of Nevada 2005, 22nd Special Session, at page 63 .)
INSTITUTIONAL CARE
As used in NRS 428.410 to 428.490 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 428.420 to 428.460
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1997, 2218; A 1997, 2705)
“Board” means the Board of Trustees
of the Fund.
(Added to NRS by 1997, 2218; A 1997, 2705)
“Fund” means the Fund for the
Institutional Care of the Medically Indigent.
(Added to NRS by 1997, 2218; A 1997, 2705)
“Interlocal
agreement” means an interlocal agreement between the Department of Health
and Human Services and a county to pay the expenses for the institutional
care of the medically indigent pursuant to the State Plan.
(Added to NRS by 1997, 2218; A 1997, 2705)
“Payment” means the amount of
money that a county is required to pay each quarter pursuant to an
interlocal agreement for the nonfederal share of its expenses for the
institutional care of the medically indigent pursuant to the State Plan.
(Added to NRS by 1997, 2218; A 1997, 2705)
“State Plan” means the State
Plan for Medicaid.
(Added to NRS by 1997, 2218; A 1997, 2705)
1. The Fund for the Institutional Care of the Medically Indigent
is hereby created in the State Treasury.
2. The money in the Fund must only be used to provide assistance
to a county which is unable to make a payment required by an interlocal
agreement.
3. The Fund must be administered by a Board of Trustees consisting
of 5 county commissioners appointed by the Governor from a list of 10
nominees submitted by the Board of Directors of the Nevada Association of
Counties.
4. Each member of the board shall serve a term of 1 year or until
his successor has been appointed and has qualified.
5. The position of a member of the Board shall be deemed vacated
upon his loss of any of the qualifications required for his appointment
and, in that event, the Governor shall appoint a successor from a list of
two nominees submitted by the Board of Directors of the Nevada
Association of Counties.
6. Any interest or money earned on money in the Fund must be
credited to the Fund.
7. Any money remaining in the Fund at the end of a fiscal year
remains in the Fund and does not revert to the State General Fund.
(Added to NRS by 1997, 2218; A 1997, 2705)
The Board may:
1. Enter into any necessary contracts and agreements.
2. Employ personnel as necessary and prescribe their compensation
and working conditions.
3. Enter into agreements with the Department of Administration to
obtain the services of consultants, attorneys, auditors, accountants,
actuaries and managers of risk.
4. Rent, lease, purchase or otherwise obtain or receive real or
personal property.
5. Adopt regulations necessary to carry out the provisions of NRS
428.410 to 428.490 , inclusive.
(Added to NRS by 1997, 2218; A 1997, 2705)
1. A county which fails to make a payment required by an
interlocal agreement may submit a written request to the Board to
transfer from the Fund, on behalf of the county, an amount equal to the
payment due, or any portion thereof, to the Medicaid Budget Account in
the State General Fund.
2. The Board shall consider the following factors in determining
whether to approve a request submitted pursuant to subsection 1:
(a) Whether the county has any source of money available to make
the payment;
(b) Whether the county has the taxing authority to raise the
additional money required to make the payment;
(c) Whether the county has expended its money for the care of
indigents in an appropriate manner;
(d) Whether the county has budgeted appropriately for the
anticipated amount of its payments; and
(e) Any other factors the Board determines are appropriate.
3. If the Board determines that a county is unable to make a
payment that is due, the Board shall transfer an amount equal to the
amount of the payment due, or any portion thereof, in the manner
prescribed in subsection 1.
4. The Board shall prepare and submit a report to the Department
of Administration and the Interim Finance Committee not later than June
30 and December 31 of each year. The report must include the name of each
county on whose behalf money was transferred from the Fund to the
Medicaid Budget Account since the last report, the amount transferred and
the remaining balance in the Fund.
(Added to NRS by 1997, 2219; A 1997, 2705)
