2005 Nevada Revised Statutes - Chapter 428 — Indigent Persons

CHAPTER 428 - INDIGENT PERSONS

MISCELLANEOUS PROVISIONS

NRS 428.010 Dutyof county to provide aid and relief to indigents; duties of countycommissioners.

NRS 428.015 Requirementsand standards of eligibility for medical and financial assistance to beestablished; limitations on denial of eligibility for medical assistance;payment for medically necessary care.

NRS 428.020 Determinationof county of residence.

NRS 428.030 Eligibilityfor relief; payment for treatment of indigent patients; powers of countycommissioners.

NRS 428.040 Indigentperson to provide information and cooperation when applying for relief.

NRS 428.045 Custody,use, preservation and confidentiality of information relating to applicants forand recipients of public assistance.

NRS 428.050 Levyof tax ad valorem; establishment of maximum rate; limitations on expendituresand transfers.

NRS 428.060 Applicationby nonresident indigent: Temporary relief; notification of county of residence;removal to county; payment to or recovery by county granting relief.

NRS 428.070 Responsibilityof relative and recipient of aid for hospitalization provided by county:Reimbursement of county; determination of financial responsibility; action toenforce collection.

NRS 428.080 Expenditurefor transportation of nonresident indigent to place of residence.

NRS 428.090 Medicalassistance to and disposal of remains of nonresidents and other persons;limitations on responsibility of county.

NRS 428.093 Denialby county of medical or financial assistance: Form and contents of adversedecision; judicial review.

NRS 428.095 Liabilityinsurance for persons rendering medical care.

NRS 428.100 Establishmentby county of workhouse and home for elderly persons; regulations.

NRS 428.110 Criminaland civil penalties for bringing nonresident indigent into county.

HOSPITAL CARE FOR INDIGENT PERSONS

NRS 428.115 Definitions.

NRS 428.125 Boarddefined.

NRS 428.136 Funddefined.

NRS 428.145 Hospitaldefined.

NRS 428.155 Hospitalcare defined.

NRS 428.165 Injuryin a motor vehicle accident defined.

NRS 428.175 Fundfor Hospital Care to Indigent Persons.

NRS 428.185 Levyof tax ad valorem for remittance to Fund.

NRS 428.195 Boardof Trustees of Fund: Composition; terms; vacancies.

NRS 428.205 Boardof Trustees of the Fund: Powers.

NRS 428.209 Applicationby counties to Board for reimbursement for charges for care furnished tocertain patients; procedure for application; review of application; payment tocounty from Fund; reimbursement of provider of care by county; Board subrogatedto right of county; lien on proceeds of recovery. [Expires by limitation onJuly 1, 2007, if the Federal Government has not approved the waiver applied forpursuant to NRS 422.2726.]

NRS 428.215 Collectionof charges for care by hospital; request for determination of indigency.

NRS 428.225 Certificationof indigency.

NRS 428.235 Formand contents of application for reimbursement for charges; reimbursement forcharges for care furnished to transferred patient.

NRS 428.245 Reviewof application; payment to hospital from Fund; reimbursement of physician byhospital; Board subrogated to right of hospital or physician; lien on proceedsof recovery.

NRS 428.255 Reimbursementof Fund by counties.

OTHER MEDICAL CARE

NRS 428.265 Definitions.[Effective through June 30, 2007, and after that date if the Federal Governmentapproves the waiver applied for pursuant to NRS422.2726.]

NRS 428.265 Definitions.[Effective July 1, 2007, if the Federal Government has not approved the waiverapplied for pursuant to NRS 422.2726.]

NRS 428.275 Fundfor medical assistance to indigent persons. [Effective through June 30, 2007,and after that date if the Federal Government approves the waiver applied forpursuant to NRS 422.2726.]

NRS 428.275 Fundfor medical assistance to indigent persons. [Effective July 1, 2007, if theFederal Government has not approved the waiver applied for pursuant to NRS 422.2726.]

NRS 428.285 Levyof tax ad valorem for remittance to fund and Supplemental Account. [Effectivethrough June 30, 2007, and after that date if the Federal Government approvesthe waiver applied for pursuant to NRS422.2726.]

NRS 428.285 Levyof tax ad valorem for remittance to fund and supplemental fund. [Effective July1, 2007, if the Federal Government has not approved the waiver applied forpursuant to NRS 422.2726.]

NRS 428.295 Allocationof money in budget; payment of excess from fund.

NRS 428.305 SupplementalAccount for Medical Assistance to Indigent Persons; transfers to HealthInsurance Flexibility and Accountability Holding Account; reversion of balancesin Holding Account. [Effective through June 30, 2007, and after that date ifthe Federal Government approves the waiver applied for pursuant to NRS 422.2726.]

NRS 428.305 SupplementalAccount for Medical Assistance to Indigent Persons. [Effective July 1, 2007, ifthe Federal Government has not approved the waiver applied for pursuant to NRS 422.2726.]

NRS 428.315 Administrationof Supplemental Account by Board of Trustees of Fund for Hospital Care toIndigent Persons. [Effective July 1, 2007, if the Federal Government has notapproved the waiver applied for pursuant to NRS422.2726.]

NRS 428.335 Applicationby county for reimbursement for charges; certification of indigency and amountof expenditure. [Effective July 1, 2007, if the Federal Government has notapproved the waiver applied for pursuant to NRS422.2726.]

NRS 428.345 Reviewof application; payment to county from Supplemental Account; reimbursement ofprovider of care by county; Board of Trustees subrogated to right of county;lien on proceeds of recovery. [Effective July 1, 2007, if the FederalGovernment has not approved the waiver applied for pursuant to NRS 422.2726.]

COMMUNITY SERVICES BLOCK GRANTS

NRS 428.355 Definitions.

NRS 428.365 Directorto administer allotment; expenditure of allotment; money not obligated forexpenditure.

NRS 428.375 Planfor statewide use and distribution of money; public hearings on proposed plans;preparation and filing of final plan; distribution of allotment; applicationsfor grants.

NRS 428.385 Reviewof applications for grants; distribution of money by eligible entity to anotherentity; procedures to be established by Director. [Repealed.]

NRS 428.395 Coordinationof efforts by counties; program involving more than one eligible entity orcounty. [Repealed.]

INSTITUTIONAL CARE

NRS 428.410 Definitions.

NRS 428.420 Boarddefined.

NRS 428.430 Funddefined.

NRS 428.440 Interlocalagreement defined.

NRS 428.450 Paymentdefined.

NRS 428.460 StatePlan defined.

NRS 428.470 Fundfor the Institutional Care of the Medically Indigent; Board of Trustees ofFund.

NRS 428.480 Boardof Trustees of Fund: Powers.

NRS 428.490 Transferof money from Fund: Request by county; action by Board; reports.

_________

MISCELLANEOUS PROVISIONS

NRS 428.010 Dutyof county to provide aid and relief to indigents; duties of countycommissioners.

1. Except as otherwise provided in NRS 422.382, to the extent that money maybe lawfully appropriated by the board of county commissioners for this purposepursuant to NRS 428.050, 428.285 and 450.425, every county shall provide care,support and relief to the poor, indigent, incompetent and those incapacitatedby age, disease or accident, lawfully resident therein, when those persons arenot supported or relieved by their relatives or guardians, by their own means,or by state hospitals, or other state, federal or private institutions oragencies.

2. Except as otherwise provided in NRS 439B.330, the boards of county commissionersof the several counties shall establish and approve policies and standards,prescribe a uniform standard of eligibility, appropriate money for this purposeand appoint agents who will develop regulations and administer these programsto provide care, support and relief to the poor, indigent, incompetent andthose 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)

NRS 428.015 Requirementsand standards of eligibility for medical and financial assistance to beestablished; limitations on denial of eligibility for medical assistance;payment for medically necessary care.

1. The board of county commissioners shall adopt anordinance and any related policies which establish the requirements andstandards of eligibility for medical and financial assistance to indigentpersons. The ordinance and policies must specify the allowable income, assetsand other resources or potential resources of persons eligible for assistance,and any other requirements applicable to an applicant for assistance. The boardof county commissioners shall file the ordinance and policies with theSecretary of State within 30 days after adoption. Any amendment to the ordinanceor policies must be filed with the Secretary of State within 30 days after adoption.

2. A countys standards of eligibility for medicalassistance must not deny eligibility to a person living in a household whichhas a total monthly income of less than:

(a) For one person living without another member of ahousehold, $438.

(b) For two persons, $588.

(c) For three or more persons, $588 plus $150 for eachperson in the family in excess of two.

For thepurposes of this subsection, income includes the entire income of a householdand 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, brothersand sisters residing with him.

3. A countys program of medical assistance toindigent persons must provide payment for:

(a) Emergency medical care; and

(b) All other medically necessary care rendered in amedical facility designated by the county.

4. As used in this section:

(a) Emergency medical care means any care for anurgent medical condition which is likely to result in serious and permanentbodily disability or death if the patient is transported to a medical facilitydesignated by the county.

(b) Medically necessary care does not include anyexperimental or investigative medical care which is not covered by Medicaid orMedicare.

(Added to NRS by 1987, 1512; A 1995, 2567)

NRS 428.020 Determinationof county of residence. For the purposes of NRS 428.010 to 428.110, inclusive:

1. The county of residence of a person is the countyin which he is physically present with the intent to reside, at least for anindefinite period.

2. The county of residence of a person placed ininstitutional care is the county of residence of that person before he wasplaced in institutional care.

[2:11:1905; RL 2927; NCL 5149](NRS A 1989, 1858;1991, 1743; 1993, 277)

NRS 428.030 Eligibilityfor relief; payment for treatment of indigent patients; powers of countycommissioners.

1. When any person meets the uniform standards ofeligibility established by the board of county commissioners or by NRS 439B.310, if applicable, and complieswith any requirements imposed pursuant to NRS428.040, he is entitled to receive such relief as is in accordance with thepolicies and standards established and approved by the board of countycommissioners and within the limits of the money which may be lawfullyappropriated pursuant to NRS 428.050, 428.285 and 450.425 for this purpose.

2. The board of county commissioners of the county ofresidence of indigent inpatients shall pay hospitals for the costs of treatingthose indigent inpatients and any nonresident indigent inpatients who fall sickin the county an amount which is not less than the payment required forproviding the same treatment to patients pursuant to the State Plan forMedicaid within the limits of money which may be lawfully appropriated pursuantto 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 ofindigent persons;

(b) Appoint such agents as the board deems necessary tooversee and provide the necessary maintenance of indigent persons;

(c) Authorize the payment of cash grants directly toindigent persons for their necessary maintenance; or

(d) Provide for the necessary maintenance of indigentpersons by the exercise of the combination of one or more of the powersspecified in paragraphs (a), (b) and (c).

4. A hospital may contract with the Department ofHealth and Human Services to obtain the services of a state employee to beassigned to the hospital to evaluate the eligibility of patients applying forindigent 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)

NRS 428.040 Indigentperson to provide information and cooperation when applying for relief. When an application is made by an indigent person to theboard of county commissioners of any county for relief, the board of countycommissioners shall require the indigent person to:

1. Provide the information necessary to determine hiscounty of residence or nonresident status.

2. Provide the information necessary to determine hisfinancial condition and eligibility for medical and financial assistance.

3. Cooperate fully in applying for any federal orstate assistance for which he may be eligible.

[7:51:1861; A 1867, 116; R 1911, 413; A 1933, 8; 1931NCL 5143](NRS A 1979, 442; 1989, 1859; 1995, 2569)

NRS 428.045 Custody,use, preservation and confidentiality of information relating to applicants forand recipients of public assistance.

1. To restrict the use or disclosure of anyinformation concerning applicants for or recipients of public assistance tothose purposes directly related to the administration of this chapter, and toprovide safeguards therefor, the board of county commissioners of each countyshall establish and enforce ordinances governing the custody, use andpreservation of the records, files and communications related to those personsthat are filed with the board.

2. If, under the provisions of law or the ordinancesof a board of county commissioners adopted pursuant to subsection 1, the namesand addresses of, or information concerning, applicants for or recipients ofpublic assistance are furnished to or held by any other agency or department ofgovernment, the agency or department shall comply with the ordinances of theboard of county commissioners prohibiting the publication of lists and recordsthereof or their use for purposes not directly connected with the administrationof this chapter.

3. Except for purposes directly related to theadministration of this chapter, no person may publish, disclose or use, orpermit or cause to be published, disclosed or used, any confidentialinformation relating to an applicant for or a recipient of public assistanceunder the provisions of this chapter.

4. As used in this section, public assistance meansmedical or financial assistance provided by a county pursuant to this chapter.

(Added to NRS by 1997, 2266)

NRS 428.050 Levyof tax ad valorem; establishment of maximum rate; limitations on expendituresand transfers.

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 countycommissioners of a county shall, at the time provided for the adoption of itsfinal budget, levy an ad valorem tax to provide aid and relief to those personscoming within the purview of this chapter. In a county whose population is400,000 or more, this levy must not exceed that adopted for the purposes ofthis chapter for the fiscal year ending June 30, 1971, diminished by 12.3 centsfor each $100 of assessed valuation. In a county whose population is less than400,000 the rate of the tax must be calculated to produce not more than theamount of money allocated pursuant to NRS428.295.

2. The board of county commissioners of any county inwhich there was no levy adopted for the purposes of this chapter for the fiscalyear ending June 30, 1971, may request that the Nevada Tax Commission establisha maximum rate for the levy of taxes ad valorem by the county to provide aidand relief pursuant to this chapter.

3. No county may expend or contract to expend for thataid and relief a sum in excess of that provided by the maximum ad valorem levyset forth in subsection 1 of this section and NRS428.185, 428.285 and 450.425, or established pursuant to subsection2, together with such outside resources as it may receive from third persons,including, but not limited to, expense reimbursements, grants-in-aid ordonations lawfully attributable to the county indigent fund.

4. Except as otherwise provided in this subsection, nointerfund transfer, medium-term obligation procedure or contingency transfermay be made by the board of county commissioners to provide resources orappropriations to a county indigent fund in excess of those which may beotherwise lawfully provided pursuant to subsections 1, 2 and 3 of this sectionand NRS 428.185, 428.285 and 450.425. If the health of indigent personsin the county is placed in jeopardy and there is a lack of money to providenecessary medical care under this chapter, the board of county commissionersmay declare an emergency and provide additional money for medical care fromwhatever 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)

NRS 428.060 Applicationby nonresident indigent: Temporary relief; notification of county of residence;removal to county; payment to or recovery by county granting relief.

1. If it appears to the satisfaction of the board ofcounty commissioners that the county of residence of an indigent personapplying for relief is another county in this State, the board shall providetemporary relief for the indigent in accordance with the policies and standardsestablished and approved by the board of county commissioners and within thelimits of money which may be lawfully appropriated thereby for this purposepursuant to NRS 428.050, 428.285 and 450.425, and shall notify immediately theboard of county commissioners of the county of residence of the indigentperson.

2. The notice must be in writing, attested by theclerk 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 thenotice may cause the indigent person to be removed immediately to that county,and shall pay a reasonable compensation for the temporary relief afforded. Ifthe board of county commissioners chooses not to remove the indigent person,the county affording relief has a legal claim against any money lawfullyavailable in that county for the relief necessarily furnished, and may recoverit 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)

NRS 428.070 Responsibilityof relative and recipient of aid for hospitalization provided by county:Reimbursement of county; determination of financial responsibility; action toenforce collection.

1. The father, mother, children, brothers or sisters,of sufficient financial ability so to do, shall pay to the county which hasextended county hospitalization to any person under the provisions of NRS 428.030, the amount granted to suchperson.

2. A recipient of aid under the provisions of NRS 428.030 who later acquires sufficientfinancial ability so to do shall reimburse the county which extended countyhospitalization to him for any unpaid portion of the aid granted. Actionagainst the relatives of such person is not a condition precedent to actionagainst him.

3. The board of county commissioners shall advise theAttorney General of the failure of a responsible person to pay such amount andthe Attorney General shall cause appropriate legal action to be taken toenforce the collection of all or part of such amount. If suit is filed toenforce the collection, the court shall determine the question of thesufficiency of the financial ability of the person against whom such action isfiled, but the board of county commissioners shall determine the responsibleperson to be sued, and failure of an action against one such person shall notpreclude subsequent or concurrent actions against others.

[4.5:51:1861; added 1949, 592; 1943 NCL 5140.01](NRS A 1961, 92; 1969, 440)

NRS 428.080 Expenditurefor transportation of nonresident indigent to place of residence. Notwithstanding any other provision of law, the board ofcounty commissioners may make budgetary provision for the transportation of anindigent person who is a nonresident or whose county of residence is anothercounty, to the state or county of residence of the indigent person. If money isso budgeted, the board of county commissioners is authorized to direct theirexpenditure for that purpose.

[1:97:1949; 1943 NCL 1981.01](NRS A 1989, 1859)

NRS 428.090 Medicalassistance to and disposal of remains of nonresidents and other persons;limitations on responsibility of county.

1. When a nonresident or any other person who meetsthe uniform standards of eligibility prescribed by the board of countycommissioners or by NRS 439B.310, ifapplicable, falls sick in the county, not having money or property to pay hisboard, nursing or medical aid, the board of county commissioners of the propercounty shall, on complaint being made, give or order to be given suchassistance to the poor person as is in accordance with the policies andstandards established and approved by the board of county commissioners andwithin the limits of money which may be lawfully appropriated for this purposepursuant to NRS 428.050, 428.285 and 450.425.

2. If the sick person dies, the board of countycommissioners shall give or order to be given to the person a decent burial orcremation.

3. Except as otherwise provided in NRS 422.382, the board of county commissionersshall make such allowance for the persons board, nursing, medical aid, burialor cremation as the board deems just and equitable, and order it paid out ofthe county treasury.

4. The responsibility of the board of county commissionersto provide medical aid or any other type of remedial aid under this section isrelieved to the extent provided in NRS422.382 and to the extent of the amount of money or the value of servicesprovided by:

(a) The Department of Health and Human Services to orfor such persons for medical care or any type of remedial care under the StatePlan for Medicaid; and

(b) The Fund for Hospital Care to Indigent Personsunder 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)

NRS 428.093 Denialby county of medical or financial assistance: Form and contents of adversedecision; judicial review.

1. A person who is denied by a county medical orfinancial assistance pursuant to this chapter may appeal that denial inaccordance with procedures adopted by the county. Each county shall adoptprocedures for appeals which comply with the requirements of this section.

2. The procedures must provide for adequate notice tothe person denied assistance and the opportunity for a hearing. Any employee orother representative of the county who investigated or made the initialdecision to deny assistance shall not participate in any decision made pursuantto the hearing.

3. A decision adverse to the person denied assistancemust be in writing and set forth the factual basis for the decision and theapplicable regulation. A copy of the decision must be served personally or bycertified mail upon each party and his representative.

4. A person aggrieved by the final decision of thecounty may, within 30 days after the date on which the written notice of thedecision is served or mailed, petition the district court where he resides toreview the decision. The court shall review the decision on the record of thecase before the county, a copy of which must be certified as correct by thecounty and filed with the court as part of its answer to the petition.

5. Before the date set by the court for a 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 county, the court may order that theadditional evidence be taken before the county upon conditions determined bythe court. The county may modify its findings and decisions by reason of theadditional evidence and shall file that evidence and any modifications, new findingsor decisions with the reviewing court.

6. The review must be conducted by the court without ajury 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 forthat of the county as to the weight of the evidence on questions of fact. Thecourt may affirm the decision of the county or remand the case for furtherproceedings. The court may reverse the decision and remand the case to thecounty for further proceedings if it determines that substantial rights of theappellant have been prejudiced because the countys findings, inferences,conclusions or decisions are:

(a) In violation of constitutional, statutory orregulatory 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 ofthe district court to the Supreme Court in the same manner as a civil case.

(Added to NRS by 1987, 1513)

NRS 428.095 Liabilityinsurance for persons rendering medical care.

1. Counties in which physicians, dentists, theirrespective assistants and county hospitals render treatment to indigents orneedy persons without charge or at cost or below cost may procure, carry andmaintain liability insurance protecting such members of the healing arts andhospitals and indemnifying them against any claim or action by or on behalf ofany such indigent or needy person or contribute to the cost of such insurance.

2. If such insurance is provided it shall be coveragein the amount of at least $100,000 for each occurrence.

3. The liability insurance provided in subsections 1and 2 shall provide for indemnity whether or not the physician, dentist,assistant or hospital is required by law or the rules of his profession totreat any indigent or needy person without charge.

(Added to NRS by 1971, 1491; A 1977, 959)

NRS 428.100 Establishmentby county of workhouse and home for elderly persons; regulations. If the board of county commissioners of any county thinksit proper, the board may:

1. Cause to be built in the county workhouses for theaccommodation or employment of such indigents as may, from time to time, becomea county charge, and such workhouse and indigent shall be under such rules andregulations as the board of county commissioners may deem proper and just.

2. Purchase a suitable tract of land not to exceed 80acres in extent, within 4 miles of the workhouse, or any county hospitalheretofore or hereafter established, or any home for the indigent poor or sickheretofore or hereafter established, for a county aged home. The board ofcounty commissioners is authorized to pay for the purchase of the county agedhome out of the county general fund.

[10:51:1861; A 1915, 17; 1945, 129; 1943 NCL 5146]

NRS 428.110 Criminaland civil penalties for bringing nonresident indigent into county.

1. Any person who brings into or leaves within, oraids another person in bringing into or leaving within any county, an indigentperson who is a nonresident or whose county of residence is another county,knowingly and for the purpose of imposing the indigent person as a publiccharge on the county to which the person is brought or left is guilty of amisdemeanor.

2. Any person who brings into or leaves within any county,an indigent person who is a nonresident or whose county of residence is anothercounty, 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 thecounty 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

NRS 428.115 Definitions. As used in NRS 428.115to 428.255, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 428.125 to 428.165, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1983, 1939; A 1993, 333; 2005, 1675)

NRS 428.125 Boarddefined. Board means the Board of Trusteesof the fund.

(Added to NRS by 1983, 1939)

NRS 428.136 Funddefined. Fund means the Fund for HospitalCare to Indigent Persons.

(Added to NRS by 1993, 332)

NRS 428.145 Hospitaldefined. Hospital means an establishmentwhich has the staff and equipment to provide diagnosis, care and treatment ofall stages of human injury and illness and which provides 24-hour medical care.

(Added to NRS by 1983, 1939; A 1989, 758; 1993, 333)

NRS 428.155 Hospitalcare defined. Hospital care means:

1. Services furnished by a hospital to a patientbetween the time of his admission and the time of his discharge, including:

(a) Bed and board;

(b) Drugs; and

(c) Anesthesia, nursing services, equipment, suppliesand laboratory and radiological services, whether furnished directly by thehospital or pursuant to a contractual arrangement made by the hospital; and

2. Services of a physician rendered to a patient in ahospital between the time of his admission and the time of his discharge.

(Added to NRS by 1983, 1939)

NRS 428.165 Injuryin a motor vehicle accident defined. Injuryin 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 publicstreet or highway, whether the injured person was the operator of the vehicleor another vehicle, a passenger in the vehicle or another vehicle, apedestrian, or had some other relationship to the movement of a vehicle.

(Added to NRS by 1983, 1940)

NRS 428.175 Fundfor Hospital Care to Indigent Persons.

1. The Fund for Hospital Care to Indigent Persons ishereby 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 earnedon the money in the Fund must be deposited for credit to the Fund. Claimsagainst the Fund must be paid on claims approved by the Board.

(Added to NRS by 1983, 1941; A 1987, 207; 1997, 125; 2005, 1675)

NRS 428.185 Levyof tax ad valorem for remittance to Fund.

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 countycommissioners of each county shall levy an ad valorem tax at a rate which mustbe 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 inthis State, including new real property, possessory interests and mobile homes,during the next fiscal year.

(b) Then subtracting the amount of unencumbered moneyin the Fund on May 1 of the current fiscal year.

(c) Then setting the rate so that the revenue from thetax does not exceed the amount resulting from the calculations made inparagraphs (a) and (b).

2. The tax so levied and its proceeds must be excludedin computing the maximum amount of money which the county is permitted toreceive from taxes ad valorem and the highest permissible rate of such taxes.

3. The proceeds of this tax must be remitted in themanner provided for in NRS 361.745 tothe State Controller for credit to the Fund.

(Added to NRS by 1983, 1942; A 1987, 208; 1989, 1860;1991, 481; 1993, 2789; 2001,2926)

NRS 428.195 Boardof Trustees of Fund: Composition; terms; vacancies.

1. The Fund must be administered by a Board ofTrustees composed of five county commissioners appointed by the Governor from alist of ten nominees submitted by the Board of Directors of the NevadaAssociation of Counties.

2. Each member of the Board of Trustees shall serve aterm of 1 year or until his successor has been appointed and has qualified.

3. The position of a member of the Board of Trusteesshall be considered vacated upon his loss of any of the qualifications requiredfor his appointment and in that event the Governor shall appoint a successorfrom a list of two nominees submitted by the Board of Directors of the NevadaAssociation of Counties.

(Added to NRS by 1983, 1941)

NRS 428.205 Boardof Trustees of the Fund: Powers. The Boardshall administer the Fund and for that purpose may:

1. Enter into all necessary contracts and agreements.

2. Purchase appropriate insurance to cover thatportion of a claim for which the Fund is liable and which exceeds an amountagreed upon by the Board and the insurer.

3. Employ personnel as necessary and prescribe theircompensation and working conditions.

4. Enter into agreements with the Department ofAdministration to obtain the services of consultants, attorneys, auditors,accountants, actuaries and managers of risk.

5. Rent, lease, purchase or otherwise procure orreceive real or personal property.

6. Adopt regulations necessary for carrying out theprovisions of NRS 428.115 to 428.255, inclusive.

(Added to NRS by 1983, 1941)

NRS 428.209 Applicationby counties to Board for reimbursement for charges for care furnished tocertain patients; procedure for application; review of application; payment tocounty from Fund; reimbursement of provider of care by county; Board subrogatedto right of county; lien on proceeds of recovery. [Expires by limitation onJuly 1, 2007, if the Federal Government has not approved the waiver applied forpursuant to NRS422.2726.]

1. The Board may authorize counties to apply to theBoard for reimbursement or partial reimbursement of unpaid charges for hospitalcare in excess of $25,000 to any one person which have been incurred by aperson certified as indigent by the board of county commissioners pursuant tothis chapter.

2. The Board shall set forth the circumstances underwhich and the manner in which counties may apply for reimbursement pursuant tothis section, including, without limitation, any amount of money that thecounty must expend before it may apply for reimbursement pursuant to thissection.

3. The Board may review an application it receivespursuant to this section and approve or disapprove reimbursement of all or partof the unpaid charges in excess of $25,000. If reimbursement or partialreimbursement is approved, payment to the county must be made from the Fund, tothe extent money is available in the Fund, and the county must reimburse theprovider 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 reimbursedto 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 recoverunpaid charges from the indigent person or from other persons responsible forhis support, to the extent of the reimbursement or partial reimbursement paid;and

(b) Has a lien upon the proceeds of any recovery by thecounty from the indigent person or other person responsible for his support, tothe extent of the reimbursement or partial reimbursement paid from the Fund.

(Added to NRS by 2005, 1674)

NRS 428.215 Collectionof charges for care by hospital; request for determination of indigency. Whenever hospital care is furnished to a person on accountof an injury suffered by the person in a motor vehicle accident, the hospitalshall use reasonable diligence to collect the amount of the charges for thatcare from the patient or any other person responsible for his support. Thehospital may request the board of county commissioners of the county in which:

1. The accident occurred, if the person is not aresident of this state and the accident occurred in this state; or

2. The person resides, if the person is a resident ofthis state,

to determinewhether the person who received the care is an indigent person.

(Added to NRS by 1983, 1940; A 1989, 758)

NRS 428.225 Certificationof indigency.

1. If, after investigation, the board of countycommissioners determines that the person is an indigent person, the board ofcounty commissioners shall so certify in writing to the hospital and to theBoard of Trustees of the Fund.

2. For the purposes of this section, a person shall bedeemed an indigent person and unable to pay for hospital care furnished to himif it appears that, upon diligent search and inquiry, neither he nor any otherperson 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 anyperson responsible for his support, for the amount of the unpaid charges,execution on the judgment would be unavailing.

(Added to NRS by 1983, 1940)

NRS 428.235 Formand contents of application for reimbursement for charges; reimbursement forcharges for care furnished to transferred patient.

1. If the hospital receives a certification that theperson is an indigent person and it has complied with the procedures forcollection established by the Board of Trustees of the Fund, it may apply tothe Board for reimbursement or partial reimbursement of the unpaid charges forhospital care furnished to him.

2. The application must be in such form and containsuch information as the Board requires.

3. If such an indigent patient is transferred, within3 days after his first admission, from one hospital to another, both hospitalsare entitled to reimbursement in full for their unpaid charges.

(Added to NRS by 1983, 1940; A 1987, 1663)

NRS 428.245 Reviewof application; payment to hospital from Fund; reimbursement of physician byhospital; Board subrogated to right of hospital or physician; lien on proceedsof recovery.

1. The Board shall review the application and approveor disapprove reimbursement of all or part of the unpaid charges. Ifreimbursement or partial reimbursement is approved, payment to the hospitalmust be made from the Fund, to the extent money is available in the Fund forthis purpose, and the hospital must reimburse pro rata any private physicianwhose charges were included in the application.

2. Upon payment to the hospital:

(a) The Board is subrogated to the right of thehospital or physician to recover the unpaid charges from the patient or otherperson responsible for his support, to the extent of the reimbursement orpartial reimbursement paid, and may maintain an independent action therefor;and

(b) The Board has a lien upon the proceeds of anyrecovery by the hospital or physician from the patient or other personresponsible for his support, to the extent of the reimbursement or partial reimbursementpaid.

(Added to NRS by 1983, 1940; A 1987, 1664)

NRS 428.255 Reimbursementof Fund by counties. Any reimbursement orpartial reimbursement made from the Fund for unpaid charges for hospital carefurnished to a person which are not greater than $3,000, is a charge upon thecounty in which:

1. The accident occurred, if the person is not aresident of this state and the accident occurred in this state; or

2. The person resides, if the person is a resident ofthis state,

and must bepaid upon a claim presented by the Board as other claims against the county arepaid.

(Added to NRS by 1983, 1941; A 1987, 1664; 1989, 758)

OTHER MEDICAL CARE

NRS 428.265 Definitions.[Effective through June 30, 2007, and after that date if the Federal Governmentapproves the waiver applied for pursuant to NRS 422.2726.] Asused in NRS 428.265 to 428.305, inclusive:

1. Fund means the fund for medical assistance toindigent persons.

2. Supplemental Account means the SupplementalAccount for Medical Assistance to Indigent Persons.

(Added to NRS by 1985, 2031; A 1987, 91; 1991, 1769; 2005, 1675)

NRS 428.265 Definitions. [Effective July 1, 2007,if the Federal Government has not approved the waiver applied for pursuant to NRS 422.2726.] As used in NRS 428.265to 428.345, inclusive:

1. Fund means the fund for medical assistance toindigent persons.

2. Supplemental Account means the SupplementalAccount 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 waiverapplied for pursuant to NRS 422.2726)

NRS 428.275 Fundfor medical assistance to indigent persons. [Effective through June 30, 2007,and after that date if the Federal Government approves the waiver applied forpursuant to NRS422.2726.]

1. The board of county commissioners of a county shallbefore July 1, 1985, by ordinance, create in the county treasury a fund to bedesignated as the fund for medical assistance to indigent persons.

2. The money in the fund must be used in the mannerset forth in NRS 428.295 and to fund, inpart, the waiver obtained pursuant to NRS422.2726 and any program established pursuant to NRS 422.2728.

3. All money collected or recovered pursuant to thissection and NRS 428.285, and theinterest earned on the money in the fund must be deposited for credit to thefund. Claims against the fund must be paid on claims approved by the board ofcounty commissioners. Any money remaining in the fund at the end of any fiscalyear does not revert to the county general fund.

(Added to NRS by 1985, 2031; A 1987, 91, 1308; 2005, 1675)

NRS 428.275 Fund for medical assistance toindigent persons. [Effective July 1, 2007, if the Federal Government has notapproved the waiver applied for pursuant to NRS 422.2726.]

1. The board of county commissioners of a county shallbefore July 1, 1985, by ordinance, create in the county treasury a fund to bedesignated as the fund for medical assistance to indigent persons.

2. The money in the fund must be used forreimbursement, as provided in NRS 428.335and 428.345, of any unpaid charges formedical care furnished to an indigent person who falls sick in the county otherthan care furnished on account of an injury suffered in a motor vehicleaccident.

3. All money collected or recovered pursuant to thissection and NRS 428.285, and theinterest earned on the money in the fund must be deposited for credit to thefund. Claims against the fund must be paid on claims approved by the board ofcounty commissioners. Any money remaining in the fund at the end of any fiscalyear 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 waiverapplied for pursuant to NRS 422.2726)

NRS 428.285 Levyof tax ad valorem for remittance to fund and Supplemental Account. [Effectivethrough June 30, 2007, and after that date if the Federal Government approvesthe waiver applied for pursuant to NRS 422.2726.]

1. The board of county commissioners of each countyshall establish a tax rate of at least 6 cents on each $100 of assessedvaluation for the purposes of the tax imposed pursuant to subsection 2. A boardof 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 countycommissioners shall levy a tax ad valorem at a rate necessary to producerevenue in an amount equal to an amount calculated by multiplying the assessedvaluation of all taxable property in the county by the tax rate establishedpursuant to subsection 1, and subtracting from the product the amount ofunencumbered 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 StateController from the money in the fund an amount of money equivalent to 1 centon each $100 of assessed valuation of all taxable property in the county forcredit to the Supplemental Account.

4. The tax so levied and its proceeds must be excludedin computing the maximum amount of money which the county is permitted toreceive 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)

NRS 428.285 Levy of tax ad valorem for remittanceto fund and supplemental fund. [Effective July 1, 2007, if the FederalGovernment has not approved the waiver applied for pursuant to NRS 422.2726.]

1. The board of county commissioners of each countyshall establish a tax rate of at least 6 cents on each $100 of assessedvaluation for the purposes of the tax imposed pursuant to subsection 2. A boardof 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 countycommissioners shall levy a tax ad valorem at a rate necessary to producerevenue in an amount equal to an amount calculated by multiplying the assessedvaluation of all taxable property in the county by the tax rate establishedpursuant to subsection 1, and subtracting from the product the amount ofunencumbered 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 StateController from the money in the fund an amount of money equivalent to 1 centon each $100 of assessed valuation of all taxable property in the county forcredit to the supplemental fund.

4. The tax so levied and its proceeds must be excludedin computing the maximum amount of money which the county is permitted toreceive 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 waiverapplied for pursuant to NRS 422.2726)

NRS 428.295 Allocationof money in budget; payment of excess from fund.

1. For each fiscal year the board of countycommissioners shall, in the preparation of its final budget, allocate money formedical 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 forthat purpose for the previous fiscal year by 104.5 percent.

3. When, during any fiscal year, the amount of moneyexpended by the county for any program of medical assistance for those personseligible pursuant to this chapter exceeds the amount allocated for that purposein its budget, the board of county commissioners shall, to the extent thatmoney is available in the fund, pay claims against the county from the fund forthat purpose.

(Added to NRS by 1985, 2032; A 1987, 91, 1242; 1989,1861)

NRS 428.305 SupplementalAccount for Medical Assistance to Indigent Persons; transfers to HealthInsurance Flexibility and Accountability Holding Account; reversion of balancesin Holding Account. [Effective through June 30, 2007, and after that date ifthe Federal Government approves the waiver applied for pursuant to NRS 422.2726.]

1. The Supplemental Account for Medical Assistance toIndigent Persons is created in the Fund for Hospital Care for Indigent Persons.The interest earned on the money in the Supplemental Account must be depositedfor credit to the Supplemental Account.

2. Beginning with the fiscal year that begins on July1, 2005, at the end of each quarter of a fiscal year, the balance in theSupplemental Account must be transferred to the Health Insurance Flexibilityand Accountability Holding Account in the State General Fund in an amount notto exceed the amount of any appropriation provided by the Legislature to fund aprogram established pursuant to NRS422.2728.

3. Any money remaining in the Health InsuranceFlexibility and Accountability Holding Account at the end of each fiscal yearreverts to the Fund for Hospital Care to Indigent Persons and to the State GeneralFund in equal amounts.

(Added to NRS by 1985, 2032; A 1987, 91, 208; 1989,1861; 1991, 1769; 2005,1676)

NRS 428.305 Supplemental Account for MedicalAssistance to Indigent Persons. [Effective July 1, 2007, if the FederalGovernment has not approved the waiver applied for pursuant to NRS 422.2726.]

1. The Supplemental Account for Medical Assistance toIndigent Persons is created in the Fund for Hospital Care for Indigent Persons.Any money recovered pursuant to NRS 428.345and the interest earned on the money in the Supplemental Account must bedeposited 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 amountsdue 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 approvedthe waiver applied for pursuant to NRS 422.2726)

NRS 428.315 Administrationof Supplemental Account by Board of Trustees of Fund for Hospital Care toIndigent Persons. [Effective July 1, 2007, if the Federal Government has notapproved the waiver applied for pursuant to NRS 422.2726.] TheBoard of Trustees of the Fund for Hospital Care to Indigent Persons shalladminister the Supplemental Account and for that purpose may:

1. Enter into all necessary contracts and agreements.

2. Employ personnel as necessary and prescribe theircompensation and working conditions.

3. Enter into agreements with the Department ofAdministration to obtain the services of attorneys, auditors and accountants.

4. Rent, lease, purchase or otherwise procure orreceive real or personal property.

5. Adopt regulations necessary for carrying out theprovisions 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 notapproved the waiver applied for pursuant to NRS 422.2726)

NRS 428.335 Applicationby county for reimbursement for charges; certification of indigency and amountof expenditure. [Effective July 1, 2007, if the Federal Government has notapproved the waiver applied for pursuant to NRS 422.2726.]

1. If during any fiscal year the amount of moneyexpended by a county to provide assistance to those persons eligible pursuantto this chapter exceeds the amount available to a county under the provisionsof subsections 1 and 2 of NRS 428.295,the board of county commissioners may apply to the Board of Trustees of theFund for Hospital Care to Indigent Persons for reimbursement or partialreimbursement of unpaid charges for hospital care in excess of $25,000 to anyone person which have been incurred by a person certified as indigent by theboard of county commissioners pursuant to this chapter.

2. The board of county commissioners must certify thateach person on whose account application is made is indigent and the county hasexpended 90 percent of the amount of money available to that county pursuant tosubsections 1 and 2 of NRS 428.295. Theapplication must be in such form and contain such information as the Board ofTrustees requires.

(Added to NRS by 1985, 2033; A 1987, 91, 1242; Rtemp. 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)

NRS 428.345 Reviewof application; payment to county from Supplemental Account; reimbursement ofprovider of care by county; Board of Trustees subrogated to right of county;lien on proceeds of recovery. [Effective July 1, 2007, if the FederalGovernment has not approved the waiver applied for pursuant to NRS 422.2726.]

1. The Board of Trustees of the Fund for Hospital Careto Indigent Persons shall review the application and approve or disapprovereimbursement of all or part of the unpaid charges in excess of $25,000. Ifreimbursement or partial reimbursement is approved, payment to the county mustbe made from the Supplemental Account, to the extent money is available in theSupplemental Account, and the county must reimburse the provider of care for thecare given to any one indigent person which exceeds $25,000 but only to theextent of the money reimbursed or partially reimbursed to the county from theSupplemental 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 recoverunpaid charges from the indigent person or from other persons responsible forhis support, to the extent of the reimbursement or partial reimbursement paid;and

(b) Has a lien upon the proceeds of any recovery by thecounty from the indigent person or other person responsible for his support, tothe extent of the reimbursement or partial reimbursement paid from theSupplemental 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 notapproved the waiver applied for pursuant to NRS 422.2726)

COMMUNITY SERVICES BLOCK GRANTS

NRS 428.355 Definitions. As used in this section and NRS 428.365 and 428.375, unless the context otherwiserequires:

1. Community Services Block Grant Act means thefederal act set forth in 42 U.S.C. 9901 et seq.

2. Director means the Director of the Department ofHealth and Human Services.

3. Eligible entity has the meaning ascribed to it in42 U.S.C. 9902.

(Added to NRS by 1987, 1665; A 1993, 1621; 2001, 1019; 2005, 22nd SpecialSession, 39)

NRS 428.365 Directorto administer allotment; expenditure of allotment; money not obligated forexpenditure.

1. The Director shall administer any federal allotmentreceived by this State pursuant to the Community Services Block Grant Act for theamelioration of the causes of poverty within this State.

2. The Director shall not spend more than 5 percent ofeach federal allotment, or $55,000, whichever is greater, for theadministrative expenses of the Department of Health and Human Services relatingto the allotment. He shall grant not less than 90 percent of the allotment toeligible entities for the purposes specified in the Community Services BlockGrant Act. He may spend the remainder of the allotment in any manner notinconsistent with the terms of the federal grant.

3. Money granted to an eligible entity and notobligated for expenditure before the end of the year of the grant may berecaptured and redistributed by the Director to the extent and in the mannerset forth in 42 U.S.C. 9907.

(Added to NRS by 1987, 1665; A 1993, 1621; 2001, 1019)

NRS428.375 Plan for statewide use and distribution of money; publichearings on proposed plans; preparation and filing of final plan; distributionof allotment; applications for grants.

1. The Director, after consulting witheligible entities, shall develop a plan for the statewide use and distributionof the money to be provided through the Community Services Block Grant Act asset forth in 42 U.S.C. 9908.

2. The Director shall hold at least onepublic hearing to receive public comment on each proposed plan for thestatewide use and distribution of the money to be provided through theCommunity Services Block Grant Act.

3. TheInterim Finance Committee shall hold a public hearing to receive public commenton each proposed plan for the statewide use and distribution of the money to beprovided through the Community Services Block Grant Act.

4. After reviewing the comments made at thepublic hearings held pursuant to subsections 2 and 3, the Director shallprepare the final plan for the statewide use and distribution of the money tobe provided through the Community Services Block Grant Act and file a copy of theplan with the Interim Finance Committee.

5. The proposed distribution of the portionof each allotment set aside for eligible entities must allocate, as nearly aspracticable:

(a) A base amount for each community actionagency which was authorized pursuant to 42 U.S.C. 2790 before that sectionwas repealed and which received money from the allotment for the previousfederal fiscal year;

(b) A uniform base amount for each of theother eligible entities in the state; and

(c) The remainder among all eligible entitiesbased on the comparative number of persons in the respective counties whoseincome is at or below the federally designated level signifying poverty.

6. To apply for a grant, an eligible entitymust submit an application to the Director in the manner established by theDirector. The application must include a detailed description of the proposeduse of the grant.

7. The Director shall provide for assistanceand instruction for all potential applicants, including eligible entities, in thepreparation of applications and the requirements related to the use of thegrants.

(Added to NRS by 1987, 1665; A 2001, 1020)

NRS 428.385 Reviewof applications for grants; distribution of money by eligible entity to anotherentity; procedures to be established by Director. Repealed. (Seechapter 1, Statutesof Nevada 2005, 22nd Special Session, at page 63.)

 

NRS 428.395 Coordinationof efforts by counties; program involving more than one eligible entity orcounty. Repealed. (See chapter 1, Statutes of Nevada2005, 22nd Special Session, at page 63.)

 

INSTITUTIONAL CARE

NRS 428.410 Definitions. As used in NRS 428.410to 428.490, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 428.420 to 428.460, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1997, 2218; A 1997, 2705)

NRS 428.420 Boarddefined. Board means the Board of Trusteesof the Fund.

(Added to NRS by 1997, 2218; A 1997, 2705)

NRS 428.430 Funddefined. Fund means the Fund for theInstitutional Care of the Medically Indigent.

(Added to NRS by 1997, 2218; A 1997, 2705)

NRS 428.440 Interlocalagreement defined. Interlocal agreementmeans an interlocal agreement between the Department of Health and Human Servicesand a county to pay the expenses for the institutional care of the medically indigentpursuant to the State Plan.

(Added to NRS by 1997, 2218; A 1997, 2705)

NRS 428.450 Paymentdefined. Payment means the amount of moneythat a county is required to pay each quarter pursuant to an interlocalagreement for the nonfederal share of its expenses for the institutional careof the medically indigent pursuant to the State Plan.

(Added to NRS by 1997, 2218; A 1997, 2705)

NRS 428.460 StatePlan defined. State Plan means the StatePlan for Medicaid.

(Added to NRS by 1997, 2218; A 1997, 2705)

NRS 428.470 Fundfor the Institutional Care of the Medically Indigent; Board of Trustees ofFund.

1. The Fund for the Institutional Care of theMedically Indigent is hereby created in the State Treasury.

2. The money in the Fund must only be used to provideassistance to a county which is unable to make a payment required by aninterlocal agreement.

3. The Fund must be administered by a Board ofTrustees consisting of 5 county commissioners appointed by the Governor from alist of 10 nominees submitted by the Board of Directors of the NevadaAssociation of Counties.

4. Each member of the board shall serve a term of 1year or until his successor has been appointed and has qualified.

5. The position of a member of the Board shall bedeemed vacated upon his loss of any of the qualifications required for hisappointment and, in that event, the Governor shall appoint a successor from alist of two nominees submitted by the Board of Directors of the NevadaAssociation of Counties.

6. Any interest or money earned on money in the Fundmust be credited to the Fund.

7. Any money remaining in the Fund at the end of afiscal year remains in the Fund and does not revert to the State General Fund.

(Added to NRS by 1997, 2218; A 1997, 2705)

NRS 428.480 Boardof Trustees of Fund: Powers. The Board may:

1. Enter into any necessary contracts and agreements.

2. Employ personnel as necessary and prescribe theircompensation and working conditions.

3. Enter into agreements with the Department ofAdministration to obtain the services of consultants, attorneys, auditors,accountants, actuaries and managers of risk.

4. Rent, lease, purchase or otherwise obtain orreceive real or personal property.

5. Adopt regulations necessary to carry out theprovisions of NRS 428.410 to 428.490, inclusive.

(Added to NRS by 1997, 2218; A 1997, 2705)

NRS 428.490 Transferof money from Fund: Request by county; action by Board; reports.

1. A county which fails to make a paymentrequired by an interlocal agreement may submit a written request to the Boardto transfer from the Fund, on behalf of the county, an amount equal to thepayment due, or any portion thereof, to the Medicaid Budget Account in theState General Fund.

2. The Board shall consider the following factors indetermining whether to approve a request submitted pursuant to subsection 1:

(a) Whether the county has any source of moneyavailable to make the payment;

(b) Whether the county has the taxing authority toraise the additional money required to make the payment;

(c) Whether the county has expended its money for thecare of indigents in an appropriate manner;

(d) Whether the county has budgeted appropriately forthe 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 tomake a payment that is due, the Board shall transfer an amount equal to theamount of the payment due, or any portion thereof, in the manner prescribed insubsection 1.

4. The Board shall prepare and submit a report to theDepartment of Administration and the Interim Finance Committee not later thanJune 30 and December 31 of each year. The report must include the name of eachcounty on whose behalf money was transferred from the Fund to the MedicaidBudget Account since the last report, the amount transferred and the remainingbalance in the Fund.

(Added to NRS by 1997, 2219; A 1997, 2705)

 

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