2022 Nevada Revised Statutes
Chapter 422 - Health Care Financing and Policy
NRS 422.27248 - Application for federal waiver authorizing Department to receive federal funding for coverage for certain treatment for person in institution for mental diseases.
1. The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1315 that authorizes the Department to receive federal funding to include in the State Plan for Medicaid coverage for the treatment of the substance use disorder of a person who is in an institution for mental diseases.
2. The Department may apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1315 that authorizes the Department to receive federal funding to include in the State Plan for Medicaid coverage for the treatment of an adult with a serious mental illness or a child with a serious emotional disturbance in an institution for mental diseases.
3. The Department shall cooperate with the Federal Government in obtaining:
(a) A waiver pursuant to subsection 1; and
(b) Any waiver for which the Department applies pursuant to subsection 2.
4. As used in this section:
(a) "Adult with a serious mental illness" means a person who is at least 18 years of age and has been diagnosed within the immediately preceding 12 months as having a mental, behavioral or emotional disorder as defined in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, other than an addictive disorder, intellectual or developmental disability, irreversible dementia or a substance use disorder, which interferes with or limits one or more major life activities of the person.
(b) "Child with a serious emotional disturbance" means a person who is less than 18 years of age and has been diagnosed within the immediately preceding 12 months as having a mental, behavioral or emotional disorder as defined in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, other than a disorder designated as a Code V disorder in the Manual, a developmental disability or a substance use disorder, which substantially interferes with or limits the person from developing social, behavioral, cognitive, communicative or adaptive skills or his or her activities relating to family, school or community. The term does not include a person with a disorder which is temporary or is an expected response to a stressful event.
(c) "Developmental disability" has the meaning ascribed to it in NRS 435.007.
(d) "Institution for mental diseases" has the meaning ascribed to it in 42 U.S.C. § 1396d(i).
(e) "Intellectual disability" has the meaning ascribed to it in NRS 435.007.
(Added to NRS by 2021, 2837)
