2005 Nevada Revised Statutes - Chapter 422A — Welfare and Supportive Services

CHAPTER 422A - WELFARE AND SUPPORTIVESERVICES

GENERAL PROVISIONS

NRS 422A.001 Definitions.

NRS 422A.005 Administratordefined.

NRS 422A.010 Boarddefined.

NRS 422A.015 ChildrensHealth Insurance Program defined.

NRS 422A.020 Departmentdefined.

NRS 422A.025 Directordefined.

NRS 422A.030 Divisiondefined.

NRS 422A.035 Divisionof Health Care Financing and Policy defined.

NRS 422A.040 FoodStamp Assistance defined.

NRS 422A.045 Low-IncomeHome Energy Assistance defined.

NRS 422A.050 Medicaiddefined.

NRS 422A.055 Programfor Child Care and Development defined.

NRS 422A.060 Programfor the Enforcement of Child Support defined.

NRS 422A.065 Publicassistance defined.

NRS 422A.070 StateSupplementary Assistance defined.

NRS 422A.075 SupplementalSecurity Income Program defined.

NRS 422A.080 TemporaryAssistance for Needy Families defined.

NRS 422A.085 Eligibilityof aliens for state or local public benefits.

STATE BOARD OF WELFARE AND SUPPORTIVE SERVICES

NRS 422A.110 Creation;appointment of members.

NRS 422A.115 Qualificationsand removal of members.

NRS 422A.120 Meetings;quorum; notice of meetings; minutes; audio recordings or transcripts.

NRS 422A.125 Officers.

NRS 422A.130 Compensationof members and employees.

NRS 422A.135 Powersand duties.

ADMINISTRATOR OF DIVISION OF WELFARE AND SUPPORTIVE SERVICES

NRS 422A.155 Qualifications.

NRS 422A.160 ExecutiveOfficer of Division; administration and management of Division.

NRS 422A.165 Reports.

NRS 422A.170 Fiscalduties.

NRS 422A.175 Organizationof Division; appointment of heads of sections; employees; standards of service.

NRS 422A.180 Administrationof oaths by Administrator and Director of Department of Health and HumanServices; testimony of witnesses; subpoenas.

NRS 422A.185 Adoptionof regulations.

NRS 422A.190 Procedurefor adopting, amending or repealing regulations.

NRS 422A.195 Generaland miscellaneous powers and duties.

ADMINISTRATION AND PROCEDURE

NRS 422A.230 Legislativeappropriations; disbursements.

NRS 422A.235 Depositof money received for certain programs in appropriate accounts of Division inState General Fund.

NRS 422A.240 Acceptanceof Social Security Act and federal money.

NRS 422A.245 Acceptanceof increased benefits of future congressional legislation; regulations.

NRS 422A.250 Contractor agreement with Federal Government by Director.

NRS 422A.255 Dutiesof Department regarding welfare activities and services.

NRS 422A.260 Stateplans for certain programs: Development, adoption and revision by Director;Division required to comply.

NRS 422A.265 Provisionof public assistance to qualified aliens.

NRS 422A.270 Legaladvisers for Division.

NRS 422A.275 Appealto Department by applicant for or recipient of public assistance or services;notice of initial decision; hearing.

NRS 422A.280 Hearing:Rights of parties; informal disposition; record; transcribing of oralproceedings; findings of fact; limitation on participation of employee orrepresentative of Department in decision.

NRS 422A.285 Hearing:Evidence.

NRS 422A.290 Hearings:Person with disability entitled to services of interpreter.

NRS 422A.295 Contentsand delivery of decision or order of hearing officer; petition for judicialreview; filing of decision and record with court.

NRS 422A.300 Judicialreview: Taking of additional evidence; limitations on review; grounds forreversal; appeal to Supreme Court.

NRS 422A.305 Formsof reports and records to be kept by persons subject to supervision orinvestigation by Division.

NRS 422A.310 Familyplanning service; birth control.

NRS 422A.315 Provisionof prenatal care to pregnant women who are indigent; provision of information concerningavailability of prenatal care; regulations.

NRS 422A.320 Custody,use, preservation and confidentiality of records, files and communicationsconcerning applicants for and recipients of public assistance or assistancepursuant to Childrens Health Insurance Program.

NRS 422A.325 Assistancenot assignable or subject to process or bankruptcy law.

NRS 422A.330 Assistancesubject to future amending and repealing acts.

NRS 422A.335 Administrativeduties of Administrator and Division.

NRS 422A.340 Giftsand grants of money to Division: Deposit in Division of Welfare and SupportiveServices Gift and Cooperative Account; use; approval of claims byAdministrator.

NRS 422A.345 Eligibilityfor certain public assistance of person convicted of felony involvingpossession, use or distribution of controlled substance.

NRS 422A.350 Identificationand referral of victims of domestic violence; restricted disclosure ofdetermination.

NRS 422A.355 Recipientsof public assistance: Immunization of dependent children.

NRS 422A.360 Recipientsof public assistance: Attendance of children at school and assistance withtheir academic performance.

NRS 422A.365 Prohibitionagainst denial, reduction, discontinuance or termination of public assistancein violation of federal requirements.

FINANCIAL RESPONSIBILITY OF RELATIVES

NRS 422A.460 Liabilityof spouse or parent for minor child.

NRS 422A.465 Writtenstatement of responsible relative; perjury.

NRS 422A.470 Enforcementof support by legal action.

NRS 422A.475 Liabilityof relative not grounds for denying or discontinuing public assistance; acceptanceof assistance constitutes consent by recipient to suit against responsiblerelative.

PROGRAM TO PROVIDE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

NRS 422A.500 Definitions.

NRS 422A.505 Benefitdefined.

NRS 422A.510 Headof household defined.

NRS 422A.515 Householddefined.

NRS 422A.520 Programdefined.

NRS 422A.525 Powersand duties of Administrator.

NRS 422A.530 Assessmentof members of applicants household required before provision of benefits;referrals for mental health services.

NRS 422A.535 Planfor personal responsibility of household: Establishment; contents; execution;expiration; review; amendment.

NRS 422A.540 Agreementof cooperation: Establishment; execution; contents.

NRS 422A.545 Periodfor action on application for benefits.

NRS 422A.550 Performanceof work by head of household: Requirement; failure to comply; regulations.

NRS 422A.555 Exemptionof head of household from requirement to complete program of job training;exceptions.

NRS 422A.560 Failureto comply with plan for personal responsibility or agreement of cooperation:Notification of head of household; reduction or termination of benefits;regulations.

NRS 422A.565 Compliancewith federal prohibitions on receipt of benefits.

NRS 422A.570 Limitationson periods for receipt of benefits; exceptions; denial or suspension ofbenefits to comply with federal limitation.

NRS 422A.575 Provisionof transitional assistance to head of household.

NRS 422A.580 Paymentof certain expenses of applicant determined not to be in need of long-termbenefits.

NRS 422A.585 Programto promote self-sufficiency of certain parents: Establishment; participation.

NRS 422A.590 Encouragementof employment opportunities.

NRS 422A.595 Enforcementof court orders for support of children against parents of certain noncustodialparents.

NRS 422A.600 Waiverof requirements of chapter for certain victims of domestic violence.

PROGRAM TO ASSIST RELATIVES WHO HAVE LEGAL GUARDIANSHIP OFCHILDREN

NRS 422A.650 Establishmentand administration of program; qualifications for participation in program;assistance provided by program; adoption of regulations.

UNLAWFUL ACTS; PENALTIES

NRS 422A.700 Fraudulentacts; penalties.

_________

GENERAL PROVISIONS

NRS 422A.001 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS422A.005 to 422A.080, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 2005, 22nd SpecialSession, 2)

NRS 422A.005 Administratordefined. Administrator means the Administratorof the Division.

(Added to NRS by 2005, 22nd SpecialSession, 2)

NRS 422A.010 Boarddefined. Board means the State Board of Welfareand Supportive Services.

(Added to NRS by 2005, 22nd SpecialSession, 2)

NRS 422A.015 ChildrensHealth Insurance Program defined. ChildrensHealth Insurance Program means the program established pursuant to 42 U.S.C. 1397aa to 1397jj, inclusive, to provide health insurance for uninsuredchildren from low-income families in this State.

(Added to NRS by 2005, 22nd SpecialSession, 2)

NRS 422A.020 Departmentdefined. Department means the Department ofHealth and Human Services.

(Added to NRS by 2005, 22nd SpecialSession, 2)

NRS 422A.025 Directordefined. Director means the Director of theDepartment.

(Added to NRS by 2005, 22nd SpecialSession, 2)

NRS 422A.030 Divisiondefined. Division means the Division of Welfareand Supportive Services of the Department.

(Added to NRS by 2005, 22nd SpecialSession, 2)

NRS 422A.035 Divisionof Health Care Financing and Policy defined. Divisionof Health Care Financing and Policy means the Division of Health CareFinancing and Policy of the Department.

(Added to NRS by 2005, 22nd SpecialSession, 2)

NRS 422A.040 FoodStamp Assistance defined. Food Stamp Assistancemeans the program established to provide persons of low income with an opportunityto obtain a more nutritious diet through the issuance of coupons pursuant tothe Food Stamp Act of 1977, 7 U.S.C. 2011 et seq., as amended.

(Added to NRS by 2005, 22nd SpecialSession, 2)

NRS 422A.045 Low-IncomeHome Energy Assistance defined. Low-IncomeHome Energy Assistance means the program established to assist persons of lowincome to meet the costs of heating and cooling their homes pursuant to theLow-Income Home Energy Assistance Act of 1981, 42 U.S.C. 8621 et seq., asamended.

(Added to NRS by 2005, 22nd SpecialSession, 2)

NRS 422A.050 Medicaiddefined. Medicaid has the meaning ascribedto it in NRS 439B.120.

(Added to NRS by 2005, 22nd SpecialSession, 2)

NRS 422A.055 Programfor Child Care and Development defined. Programfor Child Care and Development means the program established to provideassistance for the care and development of children pursuant to 42 U.S.C. 9858 et seq.

(Added to NRS by 2005, 22nd SpecialSession, 2)

NRS 422A.060 Programfor the Enforcement of Child Support defined. Programfor the Enforcement of Child Support means the program established to locateabsent parents, establish paternity and obtain child support pursuant to Part Dof Title IV of the Social Security Act, 42 U.S.C. 651 et seq., and otherprovisions of that act relating to the enforcement of child support.

(Added to NRS by 2005, 22nd SpecialSession, 2)

NRS 422A.065 Publicassistance defined.

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 publicwelfare program administered by the Division pursuant to such additionalfederal legislation as is not inconsistent with the purposes of this chapter;and

(h) Benefits provided pursuant to any other publicwelfare program administered by the Division of Health Care Financing andPolicy pursuant to chapter 422 of NRS.

2. The term does not include the Childrens HealthInsurance Program.

(Added to NRS by 2005, 22nd SpecialSession, 2)

NRS 422A.070 StateSupplementary Assistance defined. State SupplementaryAssistance means the program established to provide state assistance to agedor blind persons in connection with the Supplemental Security Income Program.

(Added to NRS by 2005, 22nd SpecialSession, 3)

NRS 422A.075 SupplementalSecurity Income Program defined. SupplementalSecurity Income Program means the program established for aged, blind ordisabled 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 SpecialSession, 3)

NRS 422A.080 TemporaryAssistance for Needy Families defined. TemporaryAssistance for Needy Families means the program established to providetemporary assistance for needy families pursuant to Title IV of the Social SecurityAct, 42 U.S.C. 601 et seq., and other provisions of that act relating totemporary assistance for needy families.

(Added to NRS by 2005, 22nd SpecialSession, 3)

NRS 422A.085 Eligibilityof aliens for state or local public benefits.

1. Notwithstanding any other provision of state orlocal law, a person or governmental entity that provides a state or localpublic benefit:

(a) Shall comply with the provisions of 8 U.S.C. 1621regarding the eligibility of an alien for such a benefit.

(b) Is not required to pay any costs or other expensesrelating to the provision of such a benefit after July 1, 1997, to an alienwho, pursuant to 8 U.S.C. 1621, is not eligible for the benefit.

2. Compliance with the provisions of 8 U.S.C. 1621must not be construed to constitute any form of discrimination, distinction orrestriction made, or any other action taken, on the basis of national origin.

3. As used in this section, state or local publicbenefit has the meaning ascribed to it in 8 U.S.C. 1621.

(Added to NRS by 2005, 22nd SpecialSession, 3)

STATE BOARD OF WELFARE AND SUPPORTIVE SERVICES

NRS 422A.110 Creation;appointment of members. The State Board of Welfareand Supportive Services, consisting of seven members appointed by the Governor,is hereby created within the Division.

(Added to NRS by 2005, 22nd SpecialSession, 3)

NRS 422A.115 Qualificationsand removal of members.

1. The Governor shall appoint members who have aninterest in and a knowledge of the field of public welfare.

2. Members of the Board must be selected to givestatewide representation, and not more than three members may be residents ofthe same county.

3. Members of the Board may be removed for failure toattend Board meetings.

(Added to NRS by 2005, 22nd SpecialSession, 3)

NRS 422A.120 Meetings;quorum; notice of meetings; minutes; audio recordings or transcripts.

1. The members of the Board shall meet at least twiceeach calendar year to consider any issues related to public assistance andother programs for which the Division is responsible that may be of importanceto members of the general public, the Governor or the Division, at such placesas the Board, the Chairman of the Board, the Administrator or the Directordeems appropriate.

2. Four members of the Board constitute a quorum, anda 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 ameeting, 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, whichmust include records of testimony and written comments presented to the Board,and audio recordings or transcripts of all meetings of the Board and file theminutes and audio recordings or transcripts with the Division. Except asotherwise provided in NRS 241.035, theminutes and audio recordings or transcripts must be maintained as publicrecords.

(Added to NRS by 2005, 22nd SpecialSession, 3; A 2005,1412)

NRS 422A.125 Officers.

1. At the first meeting after the adjournment of anyregular session of the Legislature, the Board shall elect from its members aChairman and Vice Chairman. The terms of the offices of Chairman and ViceChairman expire upon the election of a Chairman and Vice Chairman at the firstmeeting following the adjournment of the next regular session of theLegislature.

2. If a vacancy occurs in the office of Chairman, theVice Chairman shall assume the duties of Chairman for the unexpired term. If avacancy occurs in the office of Vice Chairman, the Board shall, at its nextmeeting, fill the vacancy for the unexpired term.

3. The Administrator shall act as the nonvotingrecording Secretary.

(Added to NRS by 2005, 22nd SpecialSession, 4)

NRS 422A.130 Compensationof members and employees.

1. For each days attendance at each meeting of theBoard, each member of the Board is entitled to receive a salary of not morethan $80 per day, as fixed by the Board.

2. While engaged in the business of the Board, eachmember and employee of the Board is entitled to receive the per diem allowanceand travel expenses provided for state officers and employees generally.

(Added to NRS by 2005, 22nd SpecialSession, 4)

NRS 422A.135 Powersand duties.

1. The Board has only those powers and dutiesauthorized by law.

2. The Board shall:

(a) Adopt regulations for its own management andgovernment.

(b) Not later than 90 days after the date it holds ameeting, advise the Legislature, if it is in regular session, the Governor, theDirector and the Division, based upon any testimony, written comments and othermatters considered at the meeting, of any recommendations of the Board forlegislation or other action relating to the administration of public assistanceand other programs for which the Division is responsible.

(Added to NRS by 2005, 22nd SpecialSession, 4)

ADMINISTRATOR OF DIVISION OF WELFARE AND SUPPORTIVESERVICES

NRS 422A.155 Qualifications. 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 oruniversity. In appointing the Administrator, the Director shall, to the extentpracticable, give preference to a person who has a degree in a field of socialscience, public administration, business administration or a related field.

3. Have not less than 3 years of demonstrated successfulexperience in the administration of a public agency, with responsibility forgeneral direction of programs of the public agency and determination ofpolicies for the implementation of programs of the public agency, or anyequivalent combination of training and experience.

4. Possess qualities of leadership.

(Added to NRS by 2005, 22nd SpecialSession, 4; A 2005,25)

NRS 422A.160 ExecutiveOfficer of Division; administration and management of Division. The Administrator:

1. Shall serve as the Executive Officer of theDivision.

2. Shall establish policies for the administration ofthe programs of the Division and shall administer all activities and servicesof the Division in accordance with those policies and any regulations of theAdministrator, subject to administrative supervision by the Director.

3. Is responsible for the management of the Division.

(Added to NRS by 2005, 22nd SpecialSession, 4)

NRS 422A.165 Reports. 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 SpecialSession, 4)

NRS 422A.170 Fiscalduties. The Administrator:

1. Is responsible for and shall supervise the fiscalaffairs and responsibilities of the Division, subject to administrative supervisionby the Director.

2. Shall present the biennial budget of the Divisionto the Legislature in conjunction with the Budget Division of the Department ofAdministration.

3. Shall allocate, in the interest of efficiency andeconomy, the States appropriation for the administration of each program forwhich the Division is responsible, subject to administrative supervision by theDirector.

(Added to NRS by 2005, 22nd SpecialSession, 5)

NRS 422A.175 Organizationof Division; appointment of heads of sections; employees; standards of service. The Administrator:

1. May establish, consolidate and abolish sectionswithin the Division.

2. Shall organize the Division to comply with the requirementsof this chapter and with the standards required by federal legislation, subjectto approval by the Director.

3. Shall appoint the heads of the sections of theDivision.

4. May employ such assistants and employees as may benecessary for the efficient operation of the Division.

5. Shall set standards of service.

(Added to NRS by 2005, 22nd SpecialSession, 5)

NRS 422A.180 Administrationof oaths by Administrator and Director of Department of Health and HumanServices; testimony of witnesses; subpoenas.

1. The Administrator or his designated representativemay administer oaths and take testimony thereunder and issue subpoenasrequiring the attendance of witnesses before the Division at a designated timeand place and the production of books, papers and records relative toeligibility or continued eligibility for public assistance.

2. The Director or his designated representative mayadminister oaths and take testimony thereunder and issue subpoenas requiringthe attendance of witnesses before the Department at a designated time andplace and the production of books, papers and records relative to verificationof treatment and payments to a provider of medical care, remedial care or otherservices pursuant to the State Plan for Medicaid.

3. If a witness fails to appear or refuses to givetestimony or to produce books, papers and records as required by a subpoenaissued pursuant to this section, the district court of the county in which theinvestigation is being conducted may compel the attendance of the witness, thegiving of testimony and the production of books, papers and records as requiredby the subpoena.

(Added to NRS by 2005, 22nd SpecialSession, 5)

NRS 422A.185 Adoptionof regulations. The Administrator may adoptsuch regulations as are necessary for the administration of this chapter andany program of the Division.

(Added to NRS by 2005, 22nd SpecialSession, 5)

NRS 422A.190 Procedurefor adopting, amending or repealing regulations.

1. Before adopting, amending or repealing anyregulation for the administration of a program of public assistance or any otherprogram for which the Division is responsible, the Administrator must give atleast 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 ofthe proposed regulation, and either the terms or substance of the proposedregulation or a description of the subjects and issues involved, and of thetime when, the place where and the manner in which interested persons maypresent their views thereon.

(b) Include a statement identifying the entities thatmay be financially affected by the proposed regulation and the potentialfinancial impact, if any, upon local government.

(c) State each address at which the text of theproposed regulation may be inspected and copied.

(d) Be mailed to all persons who have requested inwriting that they be placed upon a mailing list, which must be kept by theAdministrator for that purpose.

3. All interested persons must be afforded areasonable opportunity to submit data, views or arguments upon a proposedregulation, orally or in writing. The Administrator shall consider fully alloral and written submissions relating to the proposed regulation.

4. The Administrator shall keep, retain and makeavailable for public inspection written minutes and an audio recording ortranscript of each public hearing held pursuant to this section in the mannerprovided in NRS 241.035.

5. No objection to any regulation on the ground ofnoncompliance with the procedural requirements of this section may be made morethan 2 years after its effective date.

(Added to NRS by 2005, 22nd SpecialSession, 5; A 2005,1412)

NRS 422A.195 Generaland miscellaneous powers and duties. The Administratorshall:

1. Supply the Director with material on which to baseproposed legislation.

2. Cooperate with the Federal Government and stategovernments for the more effective attainment of the purposes of this chapter.

3. Coordinate the activities of the Division withother agencies, both public and private, with related or similar activities.

4. Keep a complete and accurate record of allproceedings, record and file all bonds and contracts, and assume responsibilityfor the custody and preservation of all papers and documents pertaining to hisoffice.

5. Inform the public in regard to the activities andoperation of the Division, and provide other information which will acquaintthe public with problems relating to welfare.

6. Conduct studies into the causes of the socialproblems with which the Division is concerned.

7. Provide leadership in the community in order thatall welfare activities are pointed toward the single goal of improving thepublic welfare.

8. Invoke any legal, equitable or special proceduresfor the enforcement of his orders or the enforcement of the provisions of thischapter.

9. Exercise any other powers that are necessary andproper for the standardization of state work, to expedite business, to ensurefair consideration of applications for aid and to promote the efficiency of theservice provided by the Division.

(Added to NRS by 2005, 22nd SpecialSession, 6)

ADMINISTRATION AND PROCEDURE

NRS 422A.230 Legislativeappropriations; disbursements.

1. Money to carry out the provisions of this chapter,including, without limitation, any federal money allotted to the State ofNevada pursuant to the program to provide Temporary Assistance for NeedyFamilies and the Program for Child Care and Development, must be provided byappropriation by the Legislature from the State General Fund.

2. Disbursements for the purposes of this chapter mustbe made upon claims duly filed and allowed in the same manner as other money inthe State Treasury is disbursed.

(Added to NRS by 2005, 22nd SpecialSession, 7)

NRS 422A.235 Depositof money received for certain programs in appropriate accounts of Division inState General Fund. Any federal money allottedto the State of Nevada for public assistance programs and other programs forwhich the Division is responsible and such other money as may be received bythe State for such purposes must, except as otherwise provided in NRS 425.363, be deposited in theappropriate accounts of the Division in the State General Fund.

(Added to NRS by 2005, 22nd SpecialSession, 7)

NRS 422A.240 Acceptanceof Social Security Act and federal money.

1. The State of Nevada assents to the purposes of theAct of Congress of the United States entitled the Social Security Act,approved August 14, 1935, and assents to such additional federal legislation asis not inconsistent with the purposes of this chapter and NRS 432.010 to 432.085, inclusive.

2. The State of Nevada further accepts, with theapproval of the Governor, the appropriations of money by Congress in pursuanceof the Social Security Act and authorizes the receipt of such money into theState Treasury for the use of the Department in accordance with this chapter, NRS 432.010 to 432.085, inclusive, and the conditionsimposed by the Social Security Act.

3. The State of Nevada may accept, with the approvalof the Governor, any additional funds which may become or are made availablefor extension of programs and services administered by the Department under theprovisions of the Social Security Act. Such money must be deposited in theState Treasury for the use of the Department in accordance with this chapter, NRS 432.010 to 432.085, inclusive, and the conditions andpurposes under which granted by the Federal Government.

(Added to NRS by 2005, 22nd SpecialSession, 7)

NRS 422A.245 Acceptanceof increased benefits of future congressional legislation; regulations. If Congress passes any law increasing the participation ofthe Federal Government in a Nevada program for public assistance, whetherrelating to eligibility for assistance or otherwise:

1. The Director may accept, with the approval of theGovernor, the increased benefits of such congressional legislation; and

2. The Administrator may adopt any regulationsrequired by the Federal Government as a condition of acceptance.

(Added to NRS by 2005, 22nd SpecialSession, 7)

NRS 422A.250 Contractor agreement with Federal Government by Director. TheDirector shall have the power to sign and execute, in the name of the State, byThe Department of Health and Human Services, any contract or agreement withthe Federal Government or its agencies.

(Added to NRS by 2005, 22nd SpecialSession, 7)

NRS 422A.255 Dutiesof Department regarding welfare activities and services. The Department shall:

1. Administer all public welfare programs of thisState, 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 Childrens Health Insurance Program; and

(i) Other welfare activities and services provided forby the laws of this State.

2. Act as the single state agency of the State ofNevada and its political subdivisions in the administration of any federalmoney granted to the State of Nevada to aid in the furtherance of any of theservices and activities set forth in subsection 1.

3. Cooperate with the Federal Government in adoptingstate plans, in all matters of mutual concern, including adoption of methods ofadministration found by the Federal Government to be necessary for theefficient operation of welfare programs, and in increasing the efficiency ofwelfare programs by prompt and judicious use of new federal grants which willassist the Department in carrying out the provisions of this chapter.

4. Observe and study the changing nature and extent ofwelfare needs and develop through tests and demonstrations effective ways ofmeeting those needs and employ or contract for personnel and services supportedby legislative appropriations from the State General Fund or money from federalor other sources.

5. Enter into reciprocal agreements with other statesrelative to public assistance, welfare services and institutional care, whendeemed necessary or convenient by the Director.

6. Make such agreements with the Federal Government asmay be necessary to carry out the Supplemental Security Income Program.

(Added to NRS by 2005, 22nd SpecialSession, 7)

NRS 422A.260 Stateplans for certain programs: Development, adoption and revision by Director;Division required to comply.

1. The Director shall adopt each state plan requiredby the Federal Government, either directly or as a condition to the receipt offederal money, for the administration of any public assistance or other programfor which the Division is responsible. Such a plan must set forth, regardingthe particular program to which the plan applies:

(a) The requirements for eligibility;

(b) The nature and amounts of grants and otherassistance which may be provided;

(c) The conditions imposed; and

(d) Such other provisions relating to the developmentand administration of the program as the Director deems necessary.

2. In developing and revising such a plan, theDirector shall consider, among other things:

(a) The amount of money available from the FederalGovernment;

(b) The conditions attached to the acceptance of thatmoney; and

(c) The limitations of legislative appropriations andauthorizations,

for theparticular program to which the plan applies.

3. The Division shall make available to members of thegeneral public a summary of the State Plan for Temporary Assistance for NeedyFamilies established pursuant to this section.

4. The Division shall comply with each state planadopted pursuant to this section.

(Added to NRS by 2005, 22nd SpecialSession, 8)

NRS 422A.265 Provisionof public assistance to qualified aliens.

1. The Department shall provide public assistancepursuant to:

(a) The program established to provide TemporaryAssistance for Needy Families;

(b) Medicaid; or

(c) Any program for which a grant has been provided tothis State pursuant to 42 U.S.C. 1397 et seq.,

to aqualified alien who complies with the requirements established by the Departmentpursuant to federal law and this chapter for the receipt of benefits pursuantto that program.

2. As used in this section, qualified alien has themeaning ascribed to it in 8 U.S.C. 1641.

(Added to NRS by 2005, 22nd SpecialSession, 9)

NRS 422A.270 Legaladvisers for Division. The Attorney Generaland his deputies are the legal advisers for the Division.

(Added to NRS by 2005, 22nd SpecialSession, 9)

NRS 422A.275 Appealto Department by applicant for or recipient of public assistance or services;notice of initial decision; hearing.

1. Subject to the provisions of subsection 2, if anapplication for public assistance or claim for services is not acted upon bythe Department within a reasonable time after the filing of the application orclaim for services, or is denied in whole or in part, or if any grant of publicassistance or claim for services is reduced, suspended or terminated, theapplicant for or recipient of public assistance or services may appeal to theDepartment and may be represented in the appeal by counsel or by anotherrepresentative of his choice.

2. Upon the initial decision to deny, reduce, suspendor terminate public assistance or services, the Department shall notify thatapplicant or recipient of its decision, the regulations involved and his rightto request a hearing within a certain period. If a request for a hearing isreceived within that period, the Department shall notify that person of thetime, place and nature of the hearing. The Department shall provide anopportunity for a hearing of that appeal and shall review his case regardingall matters alleged in that appeal.

3. The Department is not required to grant a hearingpursuant to this section if the request for the hearing is based solely uponthe provisions of a federal law or a law of this State that requires anautomatic adjustment to the amount of public assistance or services that may bereceived by an applicant or recipient.

(Added to NRS by 2005, 22nd SpecialSession, 9)

NRS 422A.280 Hearing:Rights of parties; informal disposition; record; transcribing of oralproceedings; findings of fact; limitation on participation of employee orrepresentative of Department in decision.

1. At any hearing held pursuant to the provisions ofsubsection 2 of NRS 422A.275,opportunity must be afforded all parties to respond and present evidence andargument on all issues involved.

2. Unless precluded by law, informal disposition maybe made of any hearing by stipulation, agreed settlement, consent order ordefault.

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, andrulings thereon.

(d) Any decision, opinion or report by the hearingofficer presiding at the hearing.

4. Oral proceedings, or any part thereof, must betranscribed on request of any party seeking judicial review of the decision.

5. Findings of fact must be based exclusively onsubstantial evidence.

6. Any employee or other representative of theDepartment who investigated or made the initial decision to deny, modify orcancel a grant of public assistance or services shall not participate in themaking of any decision made pursuant to the hearing.

(Added to NRS by 2005, 22nd SpecialSession, 9)

NRS 422A.285 Hearing:Evidence. In any hearing held pursuant to theprovisions of subsection 2 of NRS 422A.275:

1. Irrelevant, immaterial or unduly repetitiousevidence must be excluded. Unless it is privileged pursuant to chapter 49 of NRS, evidence, including, withoutlimitation, hearsay, may be admitted if it is of a type commonly relied upon byreasonable and prudent persons in the conduct of their affairs. Objections toevidentiary 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 beprejudiced substantially, any part of the evidence may be received in writtenform.

2. Documentary evidence may be received in the form ofcopies or excerpts. Upon request, parties must be given an opportunity tocompare the copy with the original.

3. Each party may call and examine witnesses,introduce exhibits, cross-examine opposing witnesses on any matter relevant tothe issues whether or not the matter was covered in the direct examination,impeach any witness, regardless of which party first called him to testify, andrebut the evidence against him.

(Added to NRS by 2005, 22nd SpecialSession, 10)

NRS 422A.290 Hearings:Person with disability entitled to services of interpreter. Any person who is:

1. The subject of a hearing conducted under theauthority of the Division; or

2. A witness at that hearing,

and who is aperson with a disability as defined in NRS50.050, is entitled to the services of an interpreter at public expense,subject to the provisions of NRS 50.052and 50.053. The interpreter must bequalified to engage in the practice of interpreting in this State pursuant tosubsection 2 of NRS 656A.100 and mustbe appointed by the person who presides at the hearing.

(Added to NRS by 2005, 22nd SpecialSession, 10)

NRS 422A.295 Contentsand delivery of decision or order of hearing officer; petition for judicialreview; filing of decision and record with court.

1. A decision or order issued by a hearing officermust be in writing. A final decision must include findings of fact and conclusionsof law, separately stated. Findings of fact, if set forth in statutory orregulatory language, must be accompanied by a concise and explicit statement ofthe underlying facts supporting the findings. A copy of the decision or ordermust be delivered by certified mail to each party and to his attorney or otherrepresentative.

2. The Department or an applicant for or recipient ofpublic assistance or services may, at any time within 90 days after the date onwhich the written notice of the decision is mailed, petition the district courtof the judicial district in which the applicant for or recipient of publicassistance or services resides to review the decision. The district court shallreview the decision on the record of the case before the hearing officer. Thedecision and record must be certified as correct and filed with the clerk ofthe court by the Department.

(Added to NRS by 2005, 22nd SpecialSession, 10)

NRS 422A.300 Judicialreview: Taking of additional evidence; limitations on review; grounds forreversal; appeal to Supreme Court.

1. Before the date set by the court for hearing, anapplication may be made to the court by motion, with notice to the opposingparty and an opportunity for that party to respond, for leave to presentadditional evidence. If it is shown to the satisfaction of the court that theadditional evidence is material and that there were good reasons for failure topresent it in the proceeding before the Department, the court may order thatthe additional evidence be taken before the Department upon conditionsdetermined by the court. The Department may modify its findings and decision byreason 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 ajury and must be confined to the record. In cases of alleged irregularities inprocedure before the Department, not shown in the record, proof thereon may betaken in the court. The court, at the request of either party, shall hear oralargument and receive written briefs.

3. The court shall not substitute its judgment forthat 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 forfurther proceedings. The court may reverse the decision and remand the case tothe Department for further proceedings if substantial rights of the appellanthave been prejudiced because the Departments findings, inferences, conclusionsor decisions are:

(a) In violation of constitutional, regulatory orstatutory provisions;

(b) In excess of the statutory authority of theDepartment;

(c) Made upon unlawful procedure;

(d) Affected by other error of law;

(e) Clearly erroneous in view of the reliable, probativeand substantial evidence on the whole record; or

(f) Arbitrary or capricious or characterized by abuseof discretion or clearly unwarranted exercise of discretion.

4. An aggrieved party may obtain review of any finaljudgment of the district court by appeal to the Supreme Court. The appeal mustbe taken in the manner provided for civil cases.

(Added to NRS by 2005, 22nd SpecialSession, 10)

NRS 422A.305 Formsof reports and records to be kept by persons subject to supervision orinvestigation by Division. To ensure accuracy,uniformity and completeness in statistics and information, the Division mayprescribe forms of reports and records to be kept by all persons, associationsor institutions, subject to its supervision or investigation, and each suchperson, association or institution shall keep such records and render suchreports in the form so prescribed.

(Added to NRS by 2005, 22nd SpecialSession, 11)

NRS 422A.310 Familyplanning service; birth control. As a part ofthe health and welfare programs of this State, the Division may:

1. Conduct a family planning service, or contract forthe provision of a family planning service, in any county of the State. Suchservice may include the dispensing of information and the distribution ofliterature on birth control and family planning methods.

2. Establish a policy of referral of welfarerecipients for birth control.

(Added to NRS by 2005, 22nd SpecialSession, 11)

NRS 422A.315 Provisionof prenatal care to pregnant women who are indigent; provision of informationconcerning availability of prenatal care; regulations.

1. As part of the health and welfare programs of thisState, the Division or any other division designated by the Director mayprovide prenatal care to pregnant women who are indigent, or may contract forthe provision of that care, at public or nonprofit hospitals in this State.

2. The Division or any other division designated bythe Director shall provide to each person licensed to engage in social workpursuant to chapter 641B of NRS, eachapplicant for Medicaid and any other interested person, information concerningthe prenatal care available pursuant to this section.

3. The Division or any other division designated bythe Department shall adopt regulations setting forth criteria of eligibilityand rates of payment for prenatal care provided pursuant to the provisions ofthis section, and such other provisions relating to the development andadministration of the Program for Prenatal Care as the Director or theAdministrator, as applicable, deems necessary.

(Added to NRS by 2005, 22nd SpecialSession, 11)

NRS 422A.320 Custody,use, preservation and confidentiality of records, files and communicationsconcerning applicants for and recipients of public assistance or assistancepursuant to Childrens Health Insurance Program.

1. To restrict the use or disclosure of anyinformation concerning applicants for and recipients of public assistance orassistance pursuant to the Childrens Health Insurance Program to purposesdirectly connected to the administration of this chapter, and to providesafeguards therefor, under the applicable provisions of the Social SecurityAct, the Division shall establish and enforce reasonable regulations governingthe custody, use and preservation of any records, files and communicationsfiled with the Division.

2. If, pursuant to a specific statute or a regulationof the Division, names and addresses of, or information concerning, applicantsfor and recipients of assistance, including, without limitation, assistancepursuant to the Childrens Health Insurance Program, are furnished to or heldby any other agency or department of government, such agency or department ofgovernment is bound by the regulations of the Division prohibiting thepublication of lists and records thereof or their use for purposes not directlyconnected with the administration of this chapter.

3. Except for purposes directly connected with theadministration of this chapter, no person may publish, disclose or use, orpermit or cause to be published, disclosed or used, any confidentialinformation pertaining to a recipient of assistance, including, withoutlimitation, a recipient of assistance pursuant to the Childrens HealthInsurance Program, under the provisions of this chapter.

(Added to NRS by 2005, 22nd SpecialSession, 12)

NRS 422A.325 Assistancenot assignable or subject to process or bankruptcy law. Assistance awarded pursuant to the provisions of thischapter is not transferable or assignable at law or in equity, and none of themoney paid or payable under this chapter is subject to execution, levy,attachment, garnishment or other legal process, or to the operation of anybankruptcy or insolvency law.

(Added to NRS by 2005, 22nd SpecialSession, 12)

NRS 422A.330 Assistancesubject to future amending and repealing acts. Allassistance awarded pursuant to the provisions of this chapter is awarded andheld subject to the provisions of any amending or repealing act that may beenacted, and no recipient has any claim for assistance or otherwise by reasonof his assistance being affected in any way by an amending or repealing act.

(Added to NRS by 2005, 22nd SpecialSession, 12)

NRS 422A.335 Administrativeduties of Administrator and Division. TheAdministrator and the Division shall administer the provisions of this chapter,subject to administrative supervision by the Director.

(Added to NRS by 2005, 22nd SpecialSession, 6)

NRS 422A.340 Giftsand grants of money to Division: Deposit in Division of Welfare and SupportiveServices Gift and Cooperative Account; use; approval of claims by Administrator.

1. Any gifts or grants of money which the Division isauthorized to accept must be deposited in the State Treasury to the credit ofthe Division of Welfare and Supportive Services Gift and Cooperative Accountin the Department of Health and Human Services Gift Fund.

2. Money in the Account must be used for welfarepurposes only and expended in accordance with the terms of the gift or grant.

3. All claims must be approved by the Administratorbefore they are paid.

(Added to NRS by 2005, 22nd SpecialSession, 7)

NRS 422A.345 Eligibilityfor certain public assistance of person convicted of felony involvingpossession, use or distribution of controlled substance.

1. Except as otherwise provided in subsection 2, aperson who has been convicted of a felony after August 22, 1996, an element ofwhich is the possession, use or distribution of a controlled substance, is noteligible to receive any public assistance for which denial is required by 21U.S.C. 862a.

2. A person who has been convicted of a felonydescribed in subsection 1 may be determined to be eligible for assistance ifthat person is participating in or has successfully completed a program for thetreatment of the abuse of controlled substances that has been approved by theDivision and:

(a) Demonstrates to the satisfaction of the Divisionthat he has not possessed, used or distributed controlled substances since hebegan the program; or

(b) Is pregnant and a physician has certified inwriting that the health and safety of the mother and the unborn child aredependent upon the receipt of benefits.

3. As used in this section, controlled substance hasthe meaning ascribed to it in 21 U.S.C. 802(6).

(Added to NRS by 2005, 22nd SpecialSession, 12)

NRS 422A.350 Identificationand referral of victims of domestic violence; restricted disclosure of determination.

1. The Division shall:

(a) Periodically evaluate recipients of publicassistance pursuant to this chapter to identify recipients who are victims ofdomestic violence.

(b) Refer a recipient who it determines is a victim ofdomestic violence to appropriate counseling or other supportive servicesavailable 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 adetermination of domestic violence has been made pursuant to this section. TheDivision may disclose the information to the Secretary of Health and HumanServices or his designee for the purposes of including that information in theFederal Parent Locator Service established pursuant to 42 U.S.C. 653.

(Added to NRS by 2005, 22nd SpecialSession, 13)

NRS 422A.355 Recipientsof public assistance: Immunization of dependent children.

1. Except as otherwise provided in subsection 3, as acondition to the receipt of public assistance, a recipient must:

(a) Ensure that each dependent child for whom therecipient is receiving assistance has received the standard immunizationsestablished for children by the regulations adopted pursuant to NRS 439.550.

(b) Within 6 months after the determination of hiseligibility for public assistance, submit to the Division, in the mannerspecified in NRS 432A.230 and 432A.260 for admission to a child carefacility, proof that each dependent child for whom the recipient is receivingassistance has received those standard immunizations.

2. The Division shall advise each recipient of theavailability of those standard immunizations through clinics for theimmunization of children held pursuant to NRS439.535.

3. The Division shall waive the requirements ofsubsection 1 if the failure to immunize a dependent child is because of areligious belief or medical condition and the recipient submits to the Divisiona written statement of that fact in the manner specified in NRS 432A.240 or 432A.250 for admission to a child carefacility.

4. A head of a household that is receiving benefitspursuant to the program to provide Temporary Assistance for Needy Families whodoes not comply with the requirements of this section:

(a) Shall be deemed to have failed to comply with theterms of the plan for personal responsibility signed by the head of thehousehold pursuant to NRS 422A.535;and

(b) Is subject to the penalties prescribed by theDivision pursuant to NRS 422A.560 forfailing to comply with the terms of that plan.

(Added to NRS by 2005, 22nd SpecialSession, 13)

NRS 422A.360 Recipientsof public assistance: Attendance of children at school and assistance withtheir academic performance.

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 yearsof 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 receivingbenefits pursuant to the program to provide Temporary Assistance for NeedyFamilies 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 everyreasonable action to ensure that the child is not at risk of failing to advanceto the next grade level in school.

3. If the head of a household that is receivingbenefits pursuant to the program to provide Temporary Assistance for NeedyFamilies 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 theprovisions of NRS 392.040 with respectto that child; or

(b) That child is at risk of failing to advance to thenext grade level in school,

the Divisionshall require the head of the household to review with the Division thepersonal responsibility plan signed by him pursuant to NRS 422A.535 and revise the plan asnecessary to assist the head of the household in complying with the provisionsof NRS 392.040 and helping the child toimprove his academic performance.

(Added to NRS by 2005, 22nd SpecialSession, 13)

NRS 422A.365 Prohibitionagainst denial, reduction, discontinuance or termination of public assistancein violation of federal requirements. Notwithstandingany other provision of this chapter, the Division shall not, pursuant to thischapter, deny, reduce, discontinue or terminate any public assistance inviolation of any requirement of federal law or condition to the receipt offederal money.

(Added to NRS by 2005, 22nd SpecialSession, 14)

FINANCIAL RESPONSIBILITY OF RELATIVES

NRS 422A.460 Liabilityof spouse or parent for minor child.

1. Spouse for spouse and parents for minor childrenare liable for the support of an applicant for or recipient of publicassistance.

2. The Division shall investigate the ability ofresponsible relatives to contribute to the support of an applicant for orrecipient of public assistance and shall determine the amount of such supportfor which such relative is responsible.

(Added to NRS by 2005, 22nd SpecialSession, 14)

NRS 422A.465 Writtenstatement of responsible relative; perjury. Writtenstatements of information required from responsible relatives of applicants orrecipients need not be under oath, but any person signing such statements whowillfully states therein as true any material matter which he knows to be falseis subject to all the penalties for perjury as provided by law.

(Added to NRS by 2005, 22nd SpecialSession, 14)

NRS 422A.470 Enforcementof support by legal action. The Division shalladvise the Attorney General of the failure of a responsible relative tocontribute to the support of a recipient of public assistance as required bylaw. The Attorney General shall cause appropriate legal action to be taken toenforce such support and, in addition, may collect a reasonable fee which mustbe added to the costs of the action in any Justice Court of the State, theexpense of such fee and costs to be borne by the relative. Any fees collectedby the Attorney General under the provisions of this section must be depositedin the State General Fund in the State Treasury.

(Added to NRS by 2005, 22nd SpecialSession, 14)

NRS 422A.475 Liabilityof relative not grounds for denying or discontinuing public assistance;acceptance of assistance constitutes consent by recipient to suit againstresponsible relative. The liability of arelative to contribute to the support of a recipient of public assistanceestablished by this chapter is not grounds for denying or discontinuing publicassistance to any person, but by accepting such public assistance, therecipient thereof shall be deemed to consent to suit in his name by the countyagainst such responsible living relative or relatives and to secure an orderfor his support.

(Added to NRS by 2005, 22nd SpecialSession, 14)

PROGRAM TO PROVIDE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

NRS 422A.500 Definitions. As used in NRS422A.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 meaningsascribed to them in those sections.

(Added to NRS by 2005, 22nd SpecialSession, 14)

NRS 422A.505 Benefitdefined. Benefit means any benefit providedby the Division pursuant to the program.

(Added to NRS by 2005, 22nd SpecialSession, 14)

NRS 422A.510 Headof household defined. Head of householdmeans a member of a household who receives benefits on behalf of the householdand is responsible for complying with the plan for personal responsibilityrequired by NRS 422A.535 and theagreement of cooperation required by NRS422A.540.

(Added to NRS by 2005, 22nd SpecialSession, 15)

NRS 422A.515 Householddefined. Household means an association ofpersons 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 basicnecessities of life.

(Added to NRS by 2005, 22nd SpecialSession, 15)

NRS 422A.520 Programdefined. Program means the program establishedto provide Temporary Assistance for Needy Families.

(Added to NRS by 2005, 22nd SpecialSession, 15)

NRS 422A.525 Powersand duties of Administrator. TheAdministrator:

1. Shall adopt regulations for the administration ofthe program;

2. Shall report to the Interim Finance Committeequarterly concerning the regulations adopted by the Division for theadministration of the program;

3. May contract with any state or private agency toprovide any of the services of the program; and

4. May receive a grant of money from the FederalGovernment or any other source to defray the costs of the program.

(Added to NRS by 2005, 22nd SpecialSession, 15)

NRS 422A.530 Assessmentof members of applicants household required before provision of benefits;referrals for mental health services.

1. The Division shall make an assessment of theskills, prior work experience and employability of each member of theapplicants household.

2. The assessment required pursuant to subsection 1must include an evaluation of whether the members of the household need additionalservices, including, without limitation, job training, child care, treatmentfor the abuse of alcohol or drugs, mental health services or any otherservices.

3. The applicant must, as a condition to the receiptof those benefits, cooperate with the Division in making the assessmentrequired pursuant to subsection 1.

4. If the assessment required pursuant to subsection 1indicates that a member of the household may require mental health services,the Division shall refer that member of the household to a personprofessionally qualified in the field of psychiatric mental health.

5. As used in this section, person professionallyqualified in the field of psychiatric mental health has the meaning ascribedto it in NRS 433.209.

(Added to NRS by 2005, 22nd SpecialSession, 15)

NRS 422A.535 Planfor personal responsibility of household: Establishment; contents; execution;expiration; review; amendment.

1. The Division shall, with the participation of thehead of a household who is applying for benefits, establish a written plan forpersonal responsibility for the household. The plan for personal responsibilitymust 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 42U.S.C. 608, the plan required pursuant to subsection 1 must:

(a) Identify the role of each member of the householdand his obligations pursuant to the plan;

(b) Be signed by the head of the household within 60days after he is determined to be eligible for benefits; and

(c) Specify a date, not later than 24 months after thedate the plan becomes effective, upon which the plan will expire.

3. The Division shall periodically review the planrequired pursuant to subsection 1 to determine whether the needs of thehousehold have changed. The Division may, with the participation of the head ofthe household, amend the plan as it deems appropriate.

4. If a member of the household is an unmarried parentwho is less than 18 years of age, the plan required pursuant to subsection 1must include a provision which:

(a) Requires the head of the household to ensure thatthe unmarried parent attends training to learn the skills necessary to care forthe child; and

(b) Encourages the head of the household to ensure thatthe unmarried parent participates in a program which provides mentors forunmarried parents who are less than 18 years of age.

(Added to NRS by 2005, 22nd SpecialSession, 15)

NRS 422A.540 Agreementof cooperation: Establishment; execution; contents.

1. The Administrator shall establish by regulation anagreement of cooperation that must be signed by the head of a household as acondition to the receipt of benefits.

2. The agreement required pursuant to subsection 1must include a statement of:

(a) The actions that the members of the household areexpected to take as a condition to the receipt of benefits; and

(b) The penalties that may be imposed by the Divisionpursuant to NRS 422A.560 for failingto comply with the provisions of the agreement or the plan for personalresponsibility signed by the head of the household pursuant to NRS 422A.535.

(Added to NRS by 2005, 22nd SpecialSession, 16)

NRS 422A.545 Periodfor action on application for benefits. Within45 days after an applicant for benefits submits his application to theDivision, the Division shall:

1. Approve the application and begin providingbenefits to the applicant; or

2. Deny benefits to the applicant.

(Added to NRS by 2005, 22nd SpecialSession, 16)

NRS 422A.550 Performanceof work by head of household: Requirement; failure to comply; regulations.

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 ahardship described in subsection 7 of NRS422A.570 to perform work:

(a) Within a reasonable time after the Division determinesthat the head of the household is capable of finding and performing work; or

(b) Not later than the date on which the head of thehousehold has received benefits for 24 months, regardless of whether thosemonths are consecutive or cumulative,

whicheveroccurs earlier.

2. A head of a household who does not comply with therequirements of this section:

(a) Shall be deemed to have failed to comply with theterms of the plan for personal responsibility signed by him pursuant to NRS 422A.535; and

(b) Is subject to the penalties prescribed by theDivision pursuant to NRS 422A.560 forthe failure to comply with the terms of that plan.

3. The Administrator shall adopt regulations settingforth the activities that will constitute work for the purposes of thissection.

(Added to NRS by 2005, 22nd SpecialSession, 16)

NRS 422A.555 Exemptionof head of household from requirement to complete program of job training;exceptions.

1. Except as otherwise provided in this section, ifthe plan for personal responsibility signed by the head of a household pursuantto NRS 422A.535 includes a requirementthat the head of the household complete a program of job training, the Divisionmay exempt the head of the household from that requirement upon determiningthat:

(a) The head of the household:

(1) Is ill or physically incapacitated;

(2) Must care for an ill or incapacitated memberof his household;

(3) Is receiving payments or is awaitingapproval for the receipt of payments pursuant to the Supplemental SecurityIncome Program;

(4) Is a single custodial parent of a child whois less than 1 year of age;

(5) Is not a recipient of benefits but receivesbenefits 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, ofthat child; or

(7) Is pregnant and has been deemed unable towork by her physician; or

(b) Any other good cause exists to exempt the head ofthe household from the requirement to complete the program of job training.

2. A head of a household may not claim the exemptionprescribed in subparagraph (4) of paragraph (a) of subsection 1 for more than12 months during his lifetime, regardless of whether those months areconsecutive or cumulative.

3. The Division shall not exempt a head of a householdpursuant to this section if the exemption would violate a requirement offederal law or a condition to the receipt of federal money.

(Added to NRS by 2005, 22nd SpecialSession, 16)

NRS 422A.560 Failureto comply with plan for personal responsibility or agreement of cooperation:Notification of head of household; reduction or termination of benefits;regulations.

1. Except as otherwise provided in this section:

(a) If the Division determines that the head of ahousehold has not complied with the terms of the plan for personal responsibilitysigned by the head of the household pursuant to NRS 422A.535 or the agreement ofcooperation signed by the head of the household pursuant to NRS 422A.540, the Division shall notifyhim that if his failure to comply does not cease within 30 days after he isnotified of the failure to comply, the benefits provided to his household willbe reduced pursuant to paragraph (b).

(b) The Division shall adopt regulations establishing aschedule of progressive penalties pursuant to which the benefits to thehousehold will be reduced or terminated because of the failure of the head ofthe household to comply with the terms of the plan.

2. The Division shall not reduce, discontinue orterminate any benefits pursuant to this section if the reduction,discontinuance or termination would violate a requirement of federal law or acondition to the receipt of federal money.

(Added to NRS by 2005, 22nd SpecialSession, 17)

NRS 422A.565 Compliancewith federal prohibitions on receipt of benefits. TheDivision shall not provide benefits to a person who is prohibited fromreceiving benefits pursuant to 42 U.S.C. 608(a).

(Added to NRS by 2005, 22nd SpecialSession, 17)

NRS 422A.570 Limitationson periods for receipt of benefits; exceptions; denial or suspension ofbenefits to comply with federal limitation.

1. Except as otherwise provided in subsection 2, ahousehold that receives benefits for 24 months, regardless of whether thosemonths are consecutive or cumulative, is prohibited from receiving additionalbenefits for 12 consecutive months unless the head of the household issuffering from a hardship.

2. The household may receive additional benefits fornot more than 6 additional months, regardless of whether those months areconsecutive or cumulative, if the Administrator determines that providingbenefits to the household will significantly increase the likelihood that thehead of the household will become self-sufficient and will not need to apply forbenefits in the future. A household that receives any additional benefitspursuant to this subsection is prohibited from receiving benefits for 12consecutive months after the additional benefits cease to be provided unlessthe head of the household is suffering from a hardship.

3. The Division shall not provide benefits to ahousehold if an adult member of that household has received benefits from thisor any other state for 60 months, regardless of whether those months areconsecutive or cumulative, unless the head of the household is suffering from ahardship.

4. Except as otherwise provided in subsections 5 and6, a household that is receiving benefits beyond the period prescribed insubsection 1, 2 or 3 because the head of the household is suffering from ahardship may continue to receive benefits for as long as the head of thehousehold suffers from the hardship. Once the head of the household no longersuffers from the hardship, the household is not eligible to receive benefits:

(a) For 12 consecutive months if the household has notreceived benefits from this or any other state for 60 months, regardless ofwhether those months are consecutive or cumulative; or

(b) During the lifetime of the head of the household ifthe household has received benefits from this or any other state for 60 months,regardless of whether those months are consecutive or cumulative, unless thehead of the household again suffers from a hardship.

5. A household that is receiving benefits pursuant tothis section because the head of the household is suffering from a hardshipdescribed in paragraph (c) of subsection 7 may not receive benefits pursuant tothis section solely because of that hardship for more than 12 months during thelifetime of the head of the household.

6. Notwithstanding any other provision of thissection, if the Administrator determines that the denial or suspension ofbenefits provided to a household solely because the head of the household isdeemed to be suffering from a hardship is necessary to ensure that this Statedoes not exceed the limitation set forth in 42 U.S.C. 608(a)(7)(C), theAdministrator may deny or suspend such benefits. The Administrator shall sendwritten notice to a household whose benefits will be denied or suspendedpursuant to this subsection.

7. For the purposes of this section, the head of ahousehold shall be deemed to be suffering from a hardship if the Divisiondetermines that he:

(a) Is ill or physically or mentally incapacitated;

(b) Must care for an ill or incapacitated member of hishousehold;

(c) Is a single custodial parent of a child who is lessthan 1 year of age;

(d) Is not a recipient of benefits but receivesbenefits 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 in42 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 thatchild; or

(g) Is suffering from any other condition orcircumstance that the Administrator deems to be a hardship.

(Added to NRS by 2005, 22nd SpecialSession, 17)

NRS 422A.575 Provisionof transitional assistance to head of household.

1. If the plan for personal responsibility signed bythe head of a household pursuant to NRS422A.535 includes a provision providing for the payment of transitionalassistance to the head of the household, the Division may provide transitionalassistance to the head of the household if the household becomes ineligible forbenefits 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 sectionfor more than 12 consecutive months.

2. As used in this section, transitional assistancemeans:

(a) Assistance provided by the Division to low-incomefamilies to pay for the costs of child care; or

(b) Medicaid provided pursuant to the plan administeredby the Department pursuant to NRS 422.271.

(Added to NRS by 2005, 22nd SpecialSession, 19)

NRS 422A.580 Paymentof certain expenses of applicant determined not to be in need of long-termbenefits.

1. The Division may, within the limitations ofavailable funding, provide for the payment by the Division of certain expenseson behalf of an applicant for benefits if the Division determines that theapplicant is not in need of long-term benefits.

2. If the Division provides for the payment ofexpenses pursuant to subsection 1, the Division shall specify the expenses forwhich payment may be made.

(Added to NRS by 2005, 22nd SpecialSession, 19)

NRS 422A.585 Programto promote self-sufficiency of certain parents: Establishment; participation.

1. The Division shall, within the limitations ofavailable funding, establish a program which promotes the self-sufficiency of anatural father whose paternity is presumed pursuant to NRS 126.051 or a noncustodial parent of achild for whom benefits are being received by a household.

2. If a natural father whose paternity is presumedpursuant to NRS 126.051 or anoncustodial parent of a child for whom benefits are being received by ahousehold chooses to participate in the program established pursuant tosubsection 1, the Division may, within the limitations of available funding,increase the amount of benefits provided to the head of the household on behalfof the child.

(Added to NRS by 2005, 22nd SpecialSession, 19)

NRS 422A.590 Encouragementof employment opportunities. The Divisionshall, through its regional offices, encourage public and private entities toprovide employment opportunities for members of households that are receivingbenefits.

(Added to NRS by 2005, 22nd SpecialSession, 19)

NRS 422A.595 Enforcementof court orders for support of children against parents of certain noncustodialparents.

1. The Chief of the Program for the Enforcement ofChild Support of the Division or his designee may enforce a court order for thesupport of a child against the parents of a noncustodial parent of a child if:

(a) The custodial parent and noncustodial parent of thechild are both less than 18 years of age; and

(b) The custodial parent of the child is a member of ahousehold that is receiving benefits.

2. If the Chief or his designee enforces a court orderagainst the parents of a noncustodial parent pursuant to subsection 1, theparents of the noncustodial parent are jointly and severally liable for thepayments required pursuant to the order.

(Added to NRS by 2005, 22nd SpecialSession, 19)

NRS 422A.600 Waiverof requirements of chapter for certain victims of domestic violence. Notwithstanding any other provision of this chapter, ifthe Division determines that:

1. The head of a household is a victim of domesticviolence pursuant to NRS 422A.350; and

2. Requiring the head of the household to comply withthe requirements of this chapter or the regulations adopted pursuant theretomay endanger or threaten the physical safety of the head of the household,

the Divisionmay waive those requirements for such a period as it deems appropriate.

(Added to NRS by 2005, 22nd SpecialSession, 19)

PROGRAM TO ASSIST RELATIVES WHO HAVE LEGAL GUARDIANSHIP OFCHILDREN

NRS 422A.650 Establishmentand administration of program; qualifications for participation in program;assistance provided by program; adoption of regulations.

1. The Department, through a division of theDepartment designated by the Director, shall establish and administer a programto provide supportive assistance to qualifying relatives of children whoprovide care for and obtain the legal guardianship of those children.

2. As a condition to the provision of any supportiveassistance pursuant to this section:

(a) The child must:

(1) Have been placed in the care of hisqualifying relative for not less than 6 months; and

(2) If he is 14 years of age or older, consentto the legal guardianship; and

(b) The qualifying relative must:

(1) Reside in this State;

(2) Have attained such a minimum age as theDepartment specifies by regulation;

(3) Verify his relationship to the child; and

(4) File for and obtain court approval of thelegal guardianship and comply with any requirements imposed by the court.

3. The supportive assistance provided pursuant to thissection must include, within the limitations of available funding:

(a) Reimbursement of all or a portion of the legal feesincurred by the qualifying relative to establish the legal guardianship;

(b) Payments of not more than the amount that theDepartment would provide to a foster parent if the child had been placed in fostercare;

(c) Assistance with:

(1) Child care;

(2) Respite care; and

(3) Transportation; and

(d) Any other assistance the Department deemsappropriate.

4. The Department shall adopt such regulations as arenecessary to carry out the provisions of this section.

5. As used in this section, unless the contextotherwise requires, qualifying relative means a person specified in 45 C.F.R. 233.90(c)(1)(v)(A).

(Added to NRS by 2005, 22nd SpecialSession, 20)

UNLAWFUL ACTS; PENALTIES

NRS 422A.700 Fraudulentacts; 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 knowinglyand designedly, by any false pretense, false or misleading statement,impersonation or misrepresentation, obtains or attempts to obtain monetary orany other public assistance, or money, property, medical or remedial care orany other service provided pursuant to the Childrens Health Insurance Program,having a value of $100 or more, whether by one act or a series of acts, withthe intent to cheat, defraud or defeat the purposes of this chapter is guiltyof a category E felony and shall be punished as provided in NRS 193.130. In addition to any otherpenalty, the court shall order the person to pay restitution.

2. For the purposes of subsection 1, whenever arecipient of Temporary Assistance for Needy Families pursuant to the provisionsof this chapter receives an overpayment of benefits for the third time and theoverpayments have resulted from a false statement or representation by therecipient or from the failure of the recipient to notify the Division of achange in his circumstances which would affect the amount of assistance hereceives, a rebuttable presumption arises that the payment was fraudulentlyreceived.

3. For the purposes of subsection 1, public assistanceincludes any money, property, medical or remedial care or any other serviceprovided pursuant to a state plan.

(Added to NRS by 2005, 22nd SpecialSession, 20)

 

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