Nrs: Chapter 422A - Welfare And Supportive Services

Link to law: https://www.leg.state.nv.us/NRS/NRS-422A.html
Published: 2015

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[Rev. 2/10/2015 5:24:43

PM--2014R2]

CHAPTER 422A - WELFARE AND SUPPORTIVE

SERVICES

GENERAL PROVISIONS

NRS 422A.001        Definitions.



NRS 422A.005        “Administrator”

defined.

NRS 422A.010        “Board”

defined. [Repealed.]

NRS 422A.015        “Children’s

Health Insurance Program” defined.

NRS 422A.020        “Department”

defined.

NRS 422A.025        “Director”

defined.

NRS 422A.030        “Division”

defined.

NRS 422A.035        “Division

of Health Care Financing and Policy” defined.

NRS 422A.037        “Division

of Public and Behavioral Health” defined.

NRS 422A.040        “Food

Stamp Assistance” defined. [Replaced in revision by NRS

422A.072.]

NRS 422A.045        “Low-Income

Home Energy Assistance” defined.

NRS 422A.050        “Medicaid”

defined.

NRS 422A.055        “Program

for Child Care and Development” defined.

NRS 422A.060        “Program

for the Enforcement of Child Support” defined.

NRS 422A.065        “Public

assistance” defined.

NRS 422A.070        “State

Supplementary Assistance” defined.

NRS 422A.072        “Supplemental

Nutrition Assistance” defined.

NRS 422A.075        “Supplemental

Security Income Program” defined.

NRS 422A.080        “Temporary

Assistance for Needy Families” defined.

NRS 422A.085        Eligibility

of persons who are not citizens or nationals of United States for state or

local public benefits.

STATE BOARD OF WELFARE AND SUPPORTIVE SERVICES

NRS 422A.110        Creation;

appointment of members. [Repealed.]

NRS 422A.115        Qualifications

and removal of members. [Repealed.]

NRS 422A.120        Meetings;

quorum; notice of meetings; minutes; audio recordings or transcripts.

[Repealed.]

NRS 422A.125        Officers.

[Repealed.]

NRS 422A.130        Compensation

of members and employees. [Repealed.]

NRS 422A.135        Powers

and duties. [Repealed.]

ADMINISTRATOR OF DIVISION OF WELFARE AND SUPPORTIVE SERVICES

NRS 422A.155        Qualifications.

NRS 422A.160        Executive

Officer of Division; administration and management of Division.

NRS 422A.165        Reports.

NRS 422A.170        Fiscal

duties.

NRS 422A.175        Organization

of Division; appointment of heads of sections; employees; standards of service.

NRS 422A.180        Administration

of oaths by Administrator and Director; testimony of witnesses; subpoenas.

NRS 422A.185        Adoption

of regulations.

NRS 422A.190        Procedure

for adopting, amending or repealing regulations.

NRS 422A.195        General

and miscellaneous powers and duties.

ADMINISTRATION AND PROCEDURE

NRS 422A.230        Legislative

appropriations; disbursements.

NRS 422A.235        Deposit

of money received for certain programs in appropriate accounts of Division in

State General Fund.

NRS 422A.240        Acceptance

of Social Security Act and federal money.

NRS 422A.245        Acceptance

of increased benefits of future congressional legislation; regulations.

NRS 422A.250        Contract

or agreement with Federal Government by Director.

NRS 422A.252        Contracts

for cooperation with governmental entities and others; effect of payments to

Division for such cooperation; immunity from and limitations on liability not

waived.

NRS 422A.255        Duties

of Department regarding welfare activities and services.

NRS 422A.260        State

plans for certain programs: Development, adoption and revision by Director;

Division required to comply.

NRS 422A.265        Provision

of public assistance to qualified persons who are not citizens or nationals of

United States.

NRS 422A.270        Legal

advisers for Division.

NRS 422A.275        Appeal

to 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 oral

proceedings; findings of fact; limitation on participation of employee or

representative of Department in decision.

NRS 422A.285        Hearing:

Evidence.

NRS 422A.290        Hearing:

Person with communications disability entitled to services of interpreter.

NRS 422A.295        Contents

and delivery of decision or order of hearing officer; petition for judicial

review; filing of decision and record with court.

NRS 422A.300        Judicial

review: Taking of additional evidence; limitations on review; grounds for

reversal; appeal to appellate court.

NRS 422A.305        Forms

of reports and records to be kept by persons subject to supervision or

investigation by Division.

NRS 422A.310        Family

planning service; birth control. [Repealed.]

NRS 422A.315        Provision

of prenatal care to pregnant women who are indigent; provision of information

concerning availability of prenatal care; regulations. [Repealed.]

NRS 422A.320        Custody,

use, preservation and confidentiality of records, files and communications

concerning applicants for and recipients of public assistance or assistance

pursuant to Children’s Health Insurance Program.

NRS 422A.325        Assistance

not assignable or subject to process or bankruptcy law.

NRS 422A.330        Assistance

subject to future amending and repealing acts.

NRS 422A.335        Administrative

duties of Administrator and Division.

NRS 422A.3351      Application

for Medicaid: Statements regarding action for recovery and civil liability of

recipient.

NRS 422A.3352      Recovery

of benefits paid for public assistance under certain circumstances; powers and

duties of Department; duty to reimburse Department; waiver of repayment.

NRS 422A.340        Gifts

and grants of money to Division: Deposit in Division of Welfare and Supportive

Services’ Gift and Cooperative Account; use; approval of claims by

Administrator.

NRS 422A.345        Eligibility

for certain public assistance of person convicted of felony involving

possession, use or distribution of controlled substance.

NRS 422A.350        Identification

and referral of victims of domestic violence; restricted disclosure of

determination.

NRS 422A.355        Recipients

of public assistance: Immunization of dependent children.

NRS 422A.360        Recipients

of public assistance: Attendance of children at school and assistance with

their academic performance.

NRS 422A.362        Denial

of application for Children’s Health Insurance Program: Notice; review of case

and hearing; regulations; review by court.

NRS 422A.365        Prohibition

against denial, reduction, discontinuance or termination of public assistance

in violation of federal requirements.

NRS 422A.370        Expedited

application for treatment or services for certain persons.

FINANCIAL RESPONSIBILITY OF RELATIVES

NRS 422A.460        Liability

of spouse or parent for minor child.

NRS 422A.465        Written

statement of responsible relative; perjury.

NRS 422A.470        Enforcement

of support by legal action.

NRS 422A.475        Liability

of relative not grounds for denying or discontinuing public assistance;

acceptance of assistance constitutes consent by recipient to suit against

responsible relative.

PROGRAM TO PROVIDE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

NRS 422A.500        Definitions.

NRS 422A.505        “Benefit”

defined.

NRS 422A.510        “Head

of household” defined.

NRS 422A.515        “Household”

defined.

NRS 422A.520        “Program”

defined.

NRS 422A.525        Powers

and duties of Administrator.

NRS 422A.530        Assessment

of members of applicant’s household required before provision of benefits;

referrals for mental health services.

NRS 422A.535        Plan

for personal responsibility of household: Establishment; contents; execution;

expiration; review; amendment.

NRS 422A.540        Agreement

of cooperation: Establishment; execution; contents.

NRS 422A.545        Period

for action on application for benefits.

NRS 422A.550        Performance

of work by head of household: Requirement; failure to comply; regulations.

NRS 422A.555        Exemption

of head of household from requirement to complete program of job training;

exceptions.

NRS 422A.560        Failure

to comply with plan for personal responsibility or agreement of cooperation:

Notification of head of household; reduction or termination of benefits;

regulations.

NRS 422A.565        Compliance

with federal prohibitions on receipt of benefits.

NRS 422A.570        Limitations

on periods for receipt of benefits; exceptions; denial or suspension of

benefits to comply with federal limitation.

NRS 422A.575        Provision

of transitional assistance to head of household.

NRS 422A.580        Payment

of certain expenses of applicant determined not to be in need of long-term

benefits.

NRS 422A.585        Program

to promote self-sufficiency of certain parents: Establishment; participation.

NRS 422A.590        Encouragement

of employment opportunities.

NRS 422A.595        Enforcement

of court orders for support of children against parents of certain noncustodial

parents.

NRS 422A.600        Waiver

of requirements of chapter for certain victims of domestic violence.

PROGRAM TO ASSIST RELATIVES WHO HAVE LEGAL GUARDIANSHIP OF

CHILDREN

NRS 422A.650        Establishment

and administration of program; qualifications for participation in program;

assistance provided by program; adoption of regulations.

UNLAWFUL ACTS; PENALTIES

NRS 422A.700        Fraudulent

acts; penalties.

_________

GENERAL PROVISIONS

      NRS 422A.001  Definitions.  As used

in this chapter, unless the context otherwise requires, the words and terms

defined in NRS 422A.005 to 422A.080,

inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2005, 22nd

Special Session, 2; A 2013, 1309)

      NRS 422A.005  “Administrator” defined.  “Administrator”

means the Administrator of the Division.

      (Added to NRS by 2005, 22nd

Special Session, 2)

      NRS 422A.010  “Board” defined.  Repealed.

(See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422A.015  “Children’s Health Insurance Program” defined.  “Children’s Health Insurance Program” means

the program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive,

to provide health insurance for uninsured children from low-income families in

this State.

      (Added to NRS by 2005, 22nd

Special Session, 2)

      NRS 422A.020  “Department” defined.  “Department”

means the Department of Health and Human Services.

      (Added to NRS by 2005, 22nd

Special Session, 2)

      NRS 422A.025  “Director” defined.  “Director”

means the Director of the Department.

      (Added to NRS by 2005, 22nd

Special Session, 2)

      NRS 422A.030  “Division” defined.  “Division”

means the Division of Welfare and Supportive Services of the Department.

      (Added to NRS by 2005, 22nd

Special Session, 2)

      NRS 422A.035  “Division of Health Care Financing and Policy” defined.  “Division of Health Care Financing and Policy”

means the Division of Health Care Financing and Policy of the Department.

      (Added to NRS by 2005, 22nd

Special Session, 2)

      NRS 422A.037  “Division of Public and Behavioral Health” defined.  “Division of Public and Behavioral Health”

means the Division of Public and Behavioral Health of the Department of Health

and Human Services.

      (Added to NRS by 2013, 1307)

      NRS 422A.040  “Food Stamp Assistance” defined.  [Replaced

in revision by NRS 422A.072.]

 

      NRS 422A.045  “Low-Income Home Energy Assistance” defined.  “Low-Income Home Energy Assistance” means the

program established to assist persons of low income to meet the costs of

heating and cooling their homes pursuant to the Low-Income Home Energy

Assistance Act of 1981, 42 U.S.C. §§ 8621 et seq., as amended.

      (Added to NRS by 2005, 22nd

Special Session, 2)

      NRS 422A.050  “Medicaid” defined.  “Medicaid”

has the meaning ascribed to it in NRS

439B.120.

      (Added to NRS by 2005, 22nd

Special Session, 2)

      NRS 422A.055  “Program for Child Care and Development” defined.  “Program for Child Care and Development” means

the program established to provide assistance for the care and development of

children pursuant to 42 U.S.C. §§ 9858 et seq.

      (Added to NRS by 2005, 22nd

Special Session, 2)

      NRS 422A.060  “Program for the Enforcement of Child Support” defined.  “Program for the Enforcement of Child Support”

means the program established to locate absent parents, establish paternity and

obtain child support pursuant to Part D of Title IV of the Social Security Act,

42 U.S.C. §§ 651 et seq., and other provisions of that act relating to the

enforcement of child support.

      (Added to NRS by 2005, 22nd

Special Session, 2)

      NRS 422A.065  “Public assistance” defined.

      1.  “Public assistance” includes:

      (a) State Supplementary Assistance;

      (b) Temporary Assistance for Needy Families;

      (c) Medicaid;

      (d) Supplemental Nutrition Assistance;

      (e) Low-Income Home Energy Assistance;

      (f) The Program for Child Care and Development;

      (g) Benefits provided pursuant to any other

public welfare program administered by the Division pursuant to such additional

federal legislation as is not inconsistent with the purposes of this chapter;

and

      (h) Benefits provided pursuant to any other

public welfare program administered by the Division of Health Care Financing

and Policy pursuant to chapter 422 of NRS.

      2.  The term does not include the

Children’s Health Insurance Program.

      (Added to NRS by 2005, 22nd

Special Session, 2; A 2013, 1309)

      NRS 422A.070  “State Supplementary Assistance” defined.  “State Supplementary Assistance” means the

program established to provide state assistance to persons who are aged or

blind in connection with the Supplemental Security Income Program.

      (Added to NRS by 2005, 22nd

Special Session, 3)

      NRS 422A.072  “Supplemental Nutrition Assistance” defined.  “Supplemental Nutrition Assistance” means the

program established to provide persons of low income with an opportunity to

purchase a more nutritious diet pursuant to the Food Stamp Act of 1977, 7

U.S.C. §§ 2011 et seq., as amended.

      (Added to NRS by 2005, 22nd

Special Session, 2; A 2013, 1309)—(Substituted

in revision for NRS 422A.040)

      NRS 422A.075  “Supplemental Security Income Program” defined.  “Supplemental Security Income Program” means

the program established for persons who are aged, blind or disabled pursuant to

Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 et seq., as amended.

      (Added to NRS by 2005, 22nd

Special Session, 3)

      NRS 422A.080  “Temporary Assistance for Needy Families” defined.  “Temporary Assistance for Needy Families”

means the program established to provide temporary assistance for needy

families pursuant to Title IV of the Social Security Act, 42 U.S.C. §§ 601 et

seq., and other provisions of that act relating to temporary assistance for

needy families.

      (Added to NRS by 2005, 22nd

Special Session, 3)

      NRS 422A.085  Eligibility of persons who are not citizens or nationals of

United States for state or local public benefits.

      1.  Notwithstanding any other provision of

state or local law, a person or governmental entity that provides a state or

local public benefit:

      (a) Shall comply with the provisions of 8 U.S.C.

§ 1621 regarding the eligibility of a person who is not a citizen or national

of the United States for such a benefit.

      (b) Is not required to pay any costs or other

expenses relating to the provision of such a benefit after July 1, 1997, to a

person who is not a citizen or national of the United States who, pursuant to 8

U.S.C. § 1621, is not eligible for the benefit.

      2.  Compliance with the provisions of 8

U.S.C. § 1621 must not be construed to constitute any form of discrimination,

distinction or restriction made, or any other action taken, on the basis of

national origin.

      3.  As used in this section, “state or

local public benefit” has the meaning ascribed to it in 8 U.S.C. § 1621.

      (Added to NRS by 2005, 22nd

Special Session, 3; A 2013, 1309)

STATE BOARD OF WELFARE AND SUPPORTIVE SERVICES

      NRS 422A.110  Creation; appointment of members.  Repealed.

(See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422A.115  Qualifications and removal of members.  Repealed.

(See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

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

or transcripts.  Repealed. (See

chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422A.125  Officers.  Repealed.

(See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422A.130  Compensation of members and employees.  Repealed.

(See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422A.135  Powers and duties.  Repealed.

(See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

ADMINISTRATOR OF DIVISION OF WELFARE AND SUPPORTIVE

SERVICES

      NRS 422A.155  Qualifications.

      1.  The

Administrator must:

      (a) Be selected on the basis of his or her

training, experience, capacity and interest in public welfare services.

      (b) Have not less than 3 years of demonstrated

successful experience in the administration of a public agency, with

responsibility for general direction of programs of the public agency and

determination of policies for the implementation of programs of the public

agency, or any equivalent combination of training and experience.

      (c) Possess qualities of leadership.

      2.  In appointing the Administrator, the

Director shall, to the extent practicable, give preference to a person who has

a degree in a field of social science, public administration, business

administration or a related field.

      (Added to NRS by 2005, 22nd

Special Session, 4; A 2005, 25; 2013, 1310)

      NRS 422A.160  Executive Officer of Division; administration and management of

Division.  The Administrator:

      1.  Shall serve as the Executive Officer of

the Division.

      2.  Shall establish policies for the

administration of the programs of the Division and shall administer all

activities and services of the Division in accordance with those policies and

any regulations of the Administrator, subject to administrative supervision by

the Director.

      3.  Is responsible for the management of

the Division.

      (Added to NRS by 2005, 22nd

Special Session, 4)

      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.  A biennial report to the Director on

the condition, operation and functioning of the Division.

      (Added to NRS by 2005, 22nd

Special Session, 4; A 2013, 1310)

      NRS 422A.170  Fiscal duties.  The

Administrator:

      1.  Is responsible for and shall supervise

the fiscal affairs and responsibilities of the Division, subject to

administrative supervision by the Director.

      2.  Shall present the biennial budget of

the Division to the Legislature in conjunction with the Budget Division of the

Department of Administration.

      3.  Shall allocate, in the interest of

efficiency and economy, the State’s appropriation for the administration of

each program for which the Division is responsible, subject to administrative

supervision by the Director.

      (Added to NRS by 2005, 22nd

Special Session, 5)

      NRS 422A.175  Organization of Division; appointment of heads of sections;

employees; standards of service.  The

Administrator:

      1.  May establish, consolidate and abolish

sections within the Division.

      2.  Shall organize the Division to comply

with the requirements of this chapter and with the standards required by

federal legislation, subject to approval by the Director.

      3.  Shall appoint the heads of the sections

of the Division.

      4.  May employ such assistants and

employees as may be necessary for the efficient operation of the Division.

      5.  Shall set standards of service.

      (Added to NRS by 2005, 22nd

Special Session, 5)

      NRS 422A.180  Administration of oaths by Administrator and Director; testimony

of witnesses; subpoenas.

      1.  The Administrator or a representative

designated by the Administrator may administer oaths and take testimony

thereunder and issue subpoenas requiring the attendance of witnesses before the

Division at a designated time and place and the production of books, papers and

records relative to eligibility or continued eligibility for public assistance.

      2.  The Director or a representative

designated by the Director may administer oaths and take testimony thereunder

and issue subpoenas requiring the attendance of witnesses before the Department

at a designated time and place and the production of books, papers and records

relative to verification of treatment and payments to a provider of medical

care, remedial care or other services pursuant to the State Plan for Medicaid.

      3.  If a witness fails to appear or refuses

to give testimony or to produce books, papers and records as required by a

subpoena issued pursuant to this section, the district court of the county in

which the investigation is being conducted may compel the attendance of the

witness, the giving of testimony and the production of books, papers and

records as required by the subpoena.

      (Added to NRS by 2005, 22nd

Special Session, 5)

      NRS 422A.185  Adoption of regulations.  The

Administrator may adopt such regulations as are necessary for the

administration of this chapter and any program of the Division.

      (Added to NRS by 2005, 22nd

Special Session, 5)

      NRS 422A.190  Procedure for adopting, amending or repealing regulations.

      1.  Before adopting, amending or repealing

any regulation for the administration of a program of public assistance or any

other program for which the Division is responsible, the Administrator must

give at least 30 days’ notice of the intended action.

      2.  The notice of intent to act upon a

regulation must:

      (a) Include a statement of the need for and

purpose of the proposed regulation, and either the terms or substance of the

proposed regulation or a description of the subjects and issues involved, and

of the time when, the place where and the manner in which interested persons

may present their views thereon.

      (b) Include a statement identifying the entities

that may be financially affected by the proposed regulation and the potential

financial impact, if any, upon local government.

      (c) State each address at which the text of the

proposed regulation may be inspected and copied.

      (d) Be mailed to all persons who have requested

in writing that they be placed upon a mailing list, which must be kept by the

Administrator for that purpose.

      3.  All interested persons must be afforded

a reasonable opportunity to submit data, views or arguments upon a proposed

regulation, orally or in writing. The Administrator shall consider fully all

oral and written submissions relating to the proposed regulation.

      4.  The Administrator shall keep, retain

and make available for public inspection written minutes and an audio recording

or transcript of each public hearing held pursuant to this section in the

manner provided in NRS 241.035. A copy

of the minutes or audio recordings must be made available to a member of the

public upon request at no charge pursuant to NRS

241.035.

      5.  No objection to any regulation on the

ground of noncompliance with the procedural requirements of this section may be

made more than 2 years after its effective date.

      (Added to NRS by 2005, 22nd

Special Session, 5; A 2005, 1412; 2013, 331)

      NRS 422A.195  General and miscellaneous powers and duties.  The Administrator shall:

      1.  Supply the Director with material on

which to base proposed legislation.

      2.  Cooperate with the Federal Government

and state governments for the more effective attainment of the purposes of this

chapter.

      3.  Coordinate the activities of the

Division with other agencies, both public and private, with related or similar

activities.

      4.  Keep a complete and accurate record of

all proceedings, record and file all bonds and contracts, and assume

responsibility for the custody and preservation of all papers and documents

pertaining to the office of the Administrator.

      5.  Inform the public in regard to the

activities and operation of the Division, and provide other information which

will acquaint the public with problems relating to welfare.

      6.  Conduct studies into the causes of the

social problems with which the Division is concerned.

      7.  Provide leadership in the community in

order that all welfare activities are pointed toward the single goal of

improving the public welfare.

      8.  Invoke any legal, equitable or special

procedures for the enforcement of his or her orders or the enforcement of the

provisions of this chapter.

      9.  Exercise any other powers that are

necessary and proper for the standardization of state work, to expedite

business, to ensure fair consideration of applications for aid and to promote

the efficiency of the service provided by the Division.

      (Added to NRS by 2005, 22nd

Special Session, 6)

ADMINISTRATION AND PROCEDURE

      NRS 422A.230  Legislative appropriations; disbursements.

      1.  Money to carry out the provisions of

this chapter, including, without limitation, any federal money allotted to the

State of Nevada pursuant to the program to provide Temporary Assistance for Needy

Families and the Program for Child Care and Development, must be provided by

appropriation by the Legislature from the State General Fund.

      2.  Disbursements for the purposes of this

chapter must be made upon claims duly filed and allowed in the same manner as

other money in the State Treasury is disbursed.

      (Added to NRS by 2005, 22nd

Special Session, 7)

      NRS 422A.235  Deposit of money received for certain programs in appropriate

accounts of Division in State General Fund.  Any

federal money allotted to the State of Nevada for public assistance programs

and other programs for which the Division is responsible and such other money

as may be received by the State for such purposes must, except as otherwise

provided in NRS 425.363, be deposited

in the appropriate accounts of the Division in the State General Fund.

      (Added to NRS by 2005, 22nd

Special Session, 7)

      NRS 422A.240  Acceptance of Social Security Act and federal money.

      1.  The State of Nevada assents to the

purposes of the Act of Congress of the United States entitled the “Social

Security Act,” approved August 14, 1935, and assents to such additional federal

legislation as is not inconsistent with the purposes of this chapter and NRS 432.010 to 432.085, inclusive.

      2.  The State of Nevada further accepts,

with the approval of the Governor, the appropriations of money by Congress in

pursuance of the Social Security Act and authorizes the receipt of such money

into the State Treasury for the use of the Department in accordance with this

chapter, NRS 432.010 to 432.085, inclusive, and the conditions

imposed by the Social Security Act.

      3.  The State of Nevada may accept, with

the approval of the Governor, any additional funds which may become or are made

available for extension of programs and services administered by the Department

under the provisions of the Social Security Act. Such money must be deposited

in the State Treasury for the use of the Department in accordance with this

chapter, NRS 432.010 to 432.085, inclusive, and the conditions and

purposes under which granted by the Federal Government.

      (Added to NRS by 2005, 22nd

Special Session, 7)

      NRS 422A.245  Acceptance of increased benefits of future congressional

legislation; regulations.  If

Congress passes any law increasing the participation of the Federal Government

in a Nevada program for public assistance, whether relating to eligibility for

assistance or otherwise:

      1.  The Director may accept, with the

approval of the Governor, the increased benefits of such congressional

legislation; and

      2.  The Administrator may adopt any

regulations required by the Federal Government as a condition of acceptance.

      (Added to NRS by 2005, 22nd

Special Session, 7)

      NRS 422A.250  Contract or agreement with Federal Government by Director.  The Director shall have the power to sign and

execute, in the name of the State, by “The Department of Health and Human

Services,” any contract or agreement with the Federal Government or its

agencies.

      (Added to NRS by 2005, 22nd

Special Session, 7)

      NRS 422A.252  Contracts for cooperation with governmental entities and others;

effect of payments to Division for such cooperation; immunity from and

limitations on liability not waived.

      1.  For the purposes of this chapter, the

Department through the Division may cooperate, financially or otherwise, and

execute contracts or agreements with the Federal Government, any federal

department or agency, any other state department or agency, a county, a city, a

public district or any political subdivision of this State, a public or private

corporation, an individual or a group of individuals. Such a contract or

agreement may include provisions whereby the Division will provide staff,

services or other resources, or any combination thereof, without payment, to

further the purposes of the contract or agreement. If the contract or agreement

includes a provision whereby the Division is paid for the provision of staff,

services or other resources, the payment will be reimbursed directly to the

Division’s budget. Cooperation pursuant to this section does not of itself

relieve any person, department, agency or political subdivision of any

responsibility or liability existing under any provision of law.

      2.  If the Administrator or the

Administrator’s designee enters into a contract or agreement pursuant to

subsection 1 with a private nonprofit corporation, the contract or agreement

may allow:

      (a) The Division to enter and inspect any

premises which are related to services provided under the contract or agreement

and to inspect any records which are related to services provided under the

contract or agreement to ensure the welfare of any consumer served by the

private nonprofit corporation under the contract or agreement;

      (b) The Division and the private nonprofit

corporation to share confidential information concerning any consumer served by

the private nonprofit corporation under the contract or agreement; and

      (c) The private nonprofit corporation to assign

rights and obligations of the private nonprofit corporation under the contract

or agreement to the Division.

      3.  The State, the Department and the

Division do not waive any immunity from liability or limitation on liability

provided by law by entering into a contract or agreement pursuant to this

section and any such contract or agreement must include a provision to that

effect.

      (Added to NRS by 2013, 315)

      NRS 422A.255  Duties of Department regarding welfare activities and services.

      1.  The

Department shall:

      (a) Administer all public welfare programs of

this State, including:

             (1) State Supplementary Assistance;

             (2) Temporary Assistance for Needy Families;

             (3) Medicaid;

             (4) Supplemental Nutrition Assistance;

             (5) Low-Income Home Energy Assistance;

             (6) The Program for Child Care and

Development;

             (7) The Program for the Enforcement of

Child Support;

             (8) The Children’s Health Insurance

Program; and

             (9) Other welfare activities and services

provided for by the laws of this State.

      (b) Act as the single state agency of the State

of Nevada and its political subdivisions in the administration of any federal

money granted to the State of Nevada to aid in the furtherance of any of the

services and activities set forth in subsection 1.

      (c) Cooperate with the Federal Government in

adopting state plans, in all matters of mutual concern, including adoption of

methods of administration found by the Federal Government to be necessary for

the efficient operation of welfare programs, and in increasing the efficiency

of welfare programs by prompt and judicious use of new federal grants which

will assist the Department in carrying out the provisions of this chapter.

      (d) Observe and study the changing nature and

extent of welfare needs and develop through tests and demonstrations effective

ways of meeting those needs and employ or contract for personnel and services

supported by legislative appropriations from the State General Fund or money

from federal or other sources.

      (e) Enter into reciprocal agreements with other

states relative to public assistance, welfare services and institutional care,

when deemed necessary or convenient by the Director.

      (f) Make such agreements with the Federal

Government as may be necessary to carry out the Supplemental Security Income

Program.

      2.  As used in this section, “Program for

the Enforcement of Child Support” means the program established to locate

absent parents, establish paternity and obtain child support pursuant to Part D

of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq., and any other

provisions of that act relating to the enforcement of child support.

      (Added to NRS by 2005, 22nd

Special Session, 7; A 2013, 1310)

      NRS 422A.260  State plans for certain programs: Development, adoption and

revision by Director; Division required to comply.

      1.  The Director shall adopt each state

plan required by the Federal Government, either directly or as a condition to

the receipt of federal money, for the administration of any public assistance

or other program for which the Division is responsible. Such a plan must set

forth, regarding the particular program to which the plan applies:

      (a) The requirements for eligibility;

      (b) The nature and amounts of grants and other

assistance which may be provided;

      (c) The conditions imposed; and

      (d) Such other provisions relating to the

development and administration of the program as the Director deems necessary.

      2.  In developing and revising such a plan,

the Director shall consider, among other things:

      (a) The amount of money available from the

Federal Government;

      (b) The conditions attached to the acceptance of

that money; and

      (c) The limitations of legislative appropriations

and authorizations,

Ê for the

particular program to which the plan applies.

      3.  The Division shall make available to

members of the general public a summary of the State Plan for Temporary

Assistance for Needy Families established pursuant to this section.

      4.  The Division shall comply with each

state plan adopted pursuant to this section.

      (Added to NRS by 2005, 22nd

Special Session, 8)

      NRS 422A.265  Provision of public assistance to qualified persons who are not

citizens or nationals of United States.

      1.  The Department shall provide public

assistance pursuant to:

      (a) The program established to provide Temporary

Assistance for Needy Families;

      (b) Medicaid; or

      (c) Any program for which a grant has been

provided to this State pursuant to 42 U.S.C. §§ 1397 et seq.,

Ê to a

qualified person who is not a citizen or national of the United States who

complies with the requirements established by the Department pursuant to

federal law and this chapter for the receipt of benefits pursuant to that

program.

      2.  A person who is not a citizen or

national of the United States is considered “qualified” for the purposes of

subsection 1 if the person meets the requirements of 8 U.S.C. § 1641(b).

      (Added to NRS by 2005, 22nd

Special Session, 9; A 2013, 1311)

      NRS 422A.270  Legal advisers for Division.  The

Attorney General and the deputies of the Attorney General are the legal

advisers for the Division.

      (Added to NRS by 2005, 22nd

Special Session, 9)

      NRS 422A.275  Appeal to 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 an application for public assistance or claim for services is not acted

upon by the Department within a reasonable time after the filing of the

application or claim for services, or is denied in whole or in part, or if any

grant of public assistance or claim for services is reduced, suspended or

terminated, the applicant for or recipient of public assistance or services may

appeal to the Department and may be represented in the appeal by counsel or by

another representative chosen by the applicant or recipient.

      2.  Upon the initial decision to deny,

reduce, suspend or terminate public assistance or services, the Department

shall notify that applicant or recipient of its decision, the regulations

involved and the right to request a hearing within a certain period. If a

request for a hearing is received within that period, the Department shall

notify that person of the time, place and nature of the hearing. The Department

shall provide an opportunity for a hearing of that appeal and shall review the

case regarding all matters alleged in that appeal.

      3.  The Department is not required to grant

a hearing pursuant to this section if the request for the hearing is based

solely upon the provisions of a federal law or a law of this State that

requires an automatic adjustment to the amount of public assistance or services

that may be received by an applicant or recipient.

      (Added to NRS by 2005, 22nd

Special Session, 9)

      NRS 422A.280  Hearing: Rights of parties; informal disposition; record;

transcribing of oral proceedings; findings of fact; limitation on participation

of employee or representative of Department in decision.

      1.  At any hearing held pursuant to the

provisions of subsection 2 of NRS 422A.275,

opportunity must be afforded all parties to respond and present evidence and

argument on all issues involved.

      2.  Unless precluded by law, informal disposition

may be made of any hearing by stipulation, agreed settlement, consent order or

default.

      3.  The record of a hearing must include:

      (a) All pleadings, motions and intermediate

rulings.

      (b) Evidence received or considered.

      (c) Questions and offers of proof and objections,

and rulings thereon.

      (d) Any decision, opinion or report by the

hearing officer presiding at the hearing.

      4.  Oral proceedings, or any part thereof,

must be transcribed on request of any party seeking judicial review of the decision.

      5.  Findings of fact must be based

exclusively on substantial evidence.

      6.  Any employee or other representative of

the Department who investigated or made the initial decision to deny, modify or

cancel a grant of public assistance or services shall not participate in the

making of any decision made pursuant to the hearing.

      (Added to NRS by 2005, 22nd

Special Session, 9)

      NRS 422A.285  Hearing: Evidence.  In

any hearing held pursuant to the provisions of subsection 2 of NRS 422A.275:

      1.  Irrelevant, immaterial or unduly

repetitious evidence must be excluded. Unless it is privileged pursuant to chapter 49 of NRS, evidence, including, without

limitation, hearsay, may be admitted if it is of a type commonly relied upon by

reasonable and prudent persons in the conduct of their affairs. Objections to

evidentiary offers may be made. Subject to the requirements of this subsection,

if a hearing will be expedited and the interests of the parties will not be

prejudiced substantially, any part of the evidence may be received in written

form.

      2.  Documentary evidence may be received in

the form of copies or excerpts. Upon request, parties must be given an

opportunity to compare the copy with the original.

      3.  Each party may call and examine

witnesses, introduce exhibits, cross-examine opposing witnesses on any matter

relevant to the issues whether or not the matter was covered in the direct

examination, impeach any witness, regardless of which party first called the

witness to testify, and rebut the evidence against the party.

      (Added to NRS by 2005, 22nd

Special Session, 10)

      NRS 422A.290  Hearing: Person with communications disability entitled to

services of interpreter.  Any

person who is:

      1.  The subject of a hearing conducted

under the authority of the Division; or

      2.  A witness at that hearing,

Ê and who is a

person with a communications disability as defined in NRS 50.050, is entitled to the services of

an interpreter at public expense in accordance with the provisions of NRS 50.050 to 50.053, inclusive. The interpreter must be

appointed by the person who presides at the hearing.

      (Added to NRS by 2005, 22nd

Special Session, 10; A 2007, 174)

      NRS 422A.295  Contents and delivery of decision or order of hearing officer;

petition for judicial review; filing of decision and record with court.

      1.  A decision or order issued by a hearing

officer must be in writing. A final decision must include findings of fact and

conclusions of law, separately stated. Findings of fact, if set forth in

statutory or regulatory language, must be accompanied by a concise and explicit

statement of the underlying facts supporting the findings. A copy of the

decision or order must be delivered by certified mail to each party and to the

attorney or other representative of each party.

      2.  The Department or an applicant for or

recipient of public assistance or services may, at any time within 90 days

after the date on which the written notice of the decision is mailed, petition

the district court of the judicial district in which the applicant for or

recipient of public assistance or services resides to review the decision. The

district court shall review the decision on the record of the case before the

hearing officer. The decision and record must be certified as correct and filed

with the clerk of the court by the Department.

      (Added to NRS by 2005, 22nd

Special Session, 10)

      NRS 422A.300  Judicial review: Taking of additional evidence; limitations on

review; grounds for reversal; appeal to appellate court.

      1.  Before the date set by the court for

hearing, an application may be made to the court by motion, with notice to the opposing

party and an opportunity for that party to respond, for leave to present

additional evidence. If it is shown to the satisfaction of the court that the

additional evidence is material and that there were good reasons for failure to

present it in the proceeding before the Department, the court may order that

the additional evidence be taken before the Department upon conditions

determined by the court. The Department may modify its findings and decision by

reason of the additional evidence and shall file that evidence and any

modifications, new findings or decisions with the reviewing court.

      2.  The review must be conducted by the

court without a jury and must be confined to the record. In cases of alleged

irregularities in procedure before the Department, not shown in the record,

proof thereon may be taken in the court. The court, at the request of either

party, shall hear oral argument and receive written briefs.

      3.  The court shall not substitute its

judgment for that of the Department as to the weight of the evidence on

questions of fact. The court may affirm the decision of the Department or

remand the case for further proceedings. The court may reverse the decision and

remand the case to the Department for further proceedings if substantial rights

of the appellant have been prejudiced because the Department’s findings,

inferences, conclusions or decisions are:

      (a) In violation of constitutional, regulatory or

statutory provisions;

      (b) In excess of the statutory authority of the

Department;

      (c) Made upon unlawful procedure;

      (d) Affected by other error of law;

      (e) Clearly erroneous in view of the reliable,

probative and substantial evidence on the whole record; or

      (f) Arbitrary or capricious or characterized by

abuse of discretion or clearly unwarranted exercise of discretion.

      4.  An aggrieved party may obtain review of

any final judgment of the district court by appeal to the appellate court of

competent jurisdiction pursuant to the rules fixed by the Supreme Court

pursuant to Section 4 of Article 6

of the Nevada Constitution. The appeal must be taken in the manner provided for

civil cases.

      (Added to NRS by 2005, 22nd

Special Session, 10; A 2013, 1782)

      NRS 422A.305  Forms of reports and records to be kept by persons subject to

supervision or investigation by Division.  To

ensure accuracy, uniformity and completeness in statistics and information, the

Division may prescribe forms of reports and records to be kept by all persons,

associations or institutions, subject to its supervision or investigation, and

each such person, association or institution shall keep such records and render

such reports in the form so prescribed.

      (Added to NRS by 2005, 22nd

Special Session, 11)

      NRS 422A.310  Family planning service; birth control.  Repealed.

(See chapter 284, Statutes of Nevada 2013, at page 1316.)

 

      NRS 422A.315  Provision of prenatal care to pregnant women who are indigent;

provision of information concerning availability of prenatal care; regulations.  Repealed. (See chapter 284, Statutes of Nevada

2013, at page 1316.)

 

      NRS 422A.320  Custody, use, preservation and confidentiality of records, files

and communications concerning applicants for and recipients of public assistance

or assistance pursuant to Children’s Health Insurance Program.

      1.  To restrict the use or disclosure of

any information concerning applicants for and recipients of public assistance

or assistance pursuant to the Children’s Health Insurance Program to purposes

directly connected to the administration of this chapter, and to provide

safeguards therefor, under the applicable provisions of the Social Security

Act, the Division shall establish and enforce reasonable regulations governing

the custody, use and preservation of any records, files and communications

filed with the Division.

      2.  If, pursuant to a specific statute or a

regulation of the Division, names and addresses of, or information concerning,

applicants for and recipients of assistance, including, without limitation,

assistance pursuant to the Children’s Health Insurance Program, are furnished

to or held by any other agency or department of government, such agency or

department of government is bound by the regulations of the Division prohibiting

the publication of lists and records thereof or their use for purposes not

directly connected with the administration of this chapter.

      3.  Except for purposes directly connected

with the administration of this chapter, no person may publish, disclose or use,

or permit or cause to be published, disclosed or used, any confidential

information pertaining to a recipient of assistance, including, without

limitation, a recipient of assistance pursuant to the Children’s Health

Insurance Program, under the provisions of this chapter.

      (Added to NRS by 2005, 22nd

Special Session, 12)

      NRS 422A.325  Assistance not assignable or subject to process or bankruptcy

law.  Assistance awarded pursuant

to the provisions of this chapter is not transferable or assignable at law or

in equity, and none of the money paid or payable under this chapter is subject

to execution, levy, attachment, garnishment or other legal process, or to the

operation of any bankruptcy or insolvency law.

      (Added to NRS by 2005, 22nd

Special Session, 12)

      NRS 422A.330  Assistance subject to future amending and repealing acts.  All assistance awarded pursuant to the

provisions of this chapter is awarded and held subject to the provisions of any

amending or repealing act that may be enacted, and no recipient has any claim

for assistance or otherwise by reason of the assistance being affected in any

way by an amending or repealing act.

      (Added to NRS by 2005, 22nd

Special Session, 12)

      NRS 422A.335  Administrative duties of Administrator and Division.  The Administrator and the Division shall

administer the provisions of this chapter, subject to administrative

supervision by the Director.

      (Added to NRS by 2005, 22nd

Special Session, 6)

      NRS 422A.3351  Application for Medicaid: Statements regarding action for

recovery and civil liability of recipient.  Each

application for Medicaid must include a statement that:

      1.  Any assistance paid on behalf of a

recipient may be recovered in an action filed against the estate of the

recipient or the spouse of the recipient; and

      2.  Any person who signs an application for

Medicaid and fails to report to the Department:

      (a) Any required information which the recipient

knew at the time the recipient signed the application; or

      (b) Within the period allowed by the Department,

any required information which the recipient obtained after the recipient filed

the application,

Ê may be

personally liable for any money incorrectly paid to the recipient.

      (Added to NRS by 2013, 1307)

      NRS 422A.3352  Recovery of benefits paid for public assistance under certain

circumstances; powers and duties of Department; duty to reimburse Department;

waiver of repayment.

      1.  Except as otherwise provided in this

section, the Department shall, to the extent that it is not prohibited by

federal law, recover from a recipient of public assistance, the estate of the

recipient or a person who signed the application for public assistance on

behalf of the recipient an amount not to exceed the amount of public assistance

incorrectly paid to the recipient, if the person who signed the application:

      (a) Failed to report any required information to

the Department that the person knew at the time the person signed the

application;

      (b) Refused to provide financial information

regarding the recipient’s income and assets, including, without limitation,

information regarding any transfers or assignments of income or assets;

      (c) Concealed information regarding the

existence, transfer or disposition of the recipient’s income and assets with

the intent of enabling a recipient to meet any eligibility requirement for

public assistance;

      (d) Made any false representation regarding the

recipient’s income and assets, including, without limitation, any information

regarding any transfers or assignments of income or assets; or

      (e) Failed to report to the Department or the

nursing facility within the period allowed by the Department any required

information that the person obtained after the person filed the application.

      2.  Except as otherwise provided in this

section, a recipient of incorrectly paid public assistance or a person who

signed the application for public benefits on behalf of the recipient shall

reimburse the Department or appropriate state agency for the value of the

incorrectly paid public assistance.

      3.  The Director or a person designated by

the Director may, to the extent that it is not prohibited by federal law,

determine the amount of, and settle, adjust, compromise or deny a claim against

a recipient of public assistance, the estate of the recipient or a person who

signed the application for public assistance on behalf of the recipient.

      4.  The Director may, to the extent that it

is not prohibited by federal law, waive the repayment of public assistance

incorrectly paid to a recipient if the incorrect payment was not the result of

an intentional misrepresentation or omission by the recipient and if repayment

would cause an undue hardship to the recipient. The Director shall, by

regulation, establish the terms and conditions of such a waiver, including,

without limitation, the circumstances that constitute undue hardship.

      5.  As used in this section, “public

assistance” does not include Medicaid.

      (Added to NRS by 2013, 1308)

      NRS 422A.340  Gifts and grants of money to Division: Deposit in Division of

Welfare and Supportive Services’ Gift and Cooperative Account; use; approval of

claims by Administrator.

      1.  Any gifts or grants of money which the

Division is authorized to accept must be deposited in the State Treasury to the

credit of the Division of Welfare and Supportive Services’ Gift and Cooperative

Account in the Department of Health and Human Services’ Gift Fund.

      2.  Money in the Account must be used for

welfare purposes only and expended in accordance with the terms of the gift or

grant.

      3.  All claims must be approved by the

Administrator before they are paid.

      (Added to NRS by 2005, 22nd

Special Session, 7)

      NRS 422A.345  Eligibility for certain public assistance of person convicted of

felony involving possession, use or distribution of controlled substance.

      1.  Except as otherwise provided in

subsection 2, a person who has been convicted of a felony after August 22,

1996, an element of which is the possession, use or distribution of a

controlled substance, is not eligible to receive any public assistance for

which denial is required by 21 U.S.C. § 862a.

      2.  A person who has been convicted of a

felony described in subsection 1 may be determined to be eligible for

assistance if that person is participating in or has successfully completed a

program for the treatment of the abuse of controlled substances that has been

approved by the Division and:

      (a) Demonstrates to the satisfaction of the

Division that he or she has not possessed, used or distributed controlled

substances since he or she began the program; or

      (b) Is pregnant and a physician has certified in

writing that the health and safety of the mother and the unborn child are

dependent upon the receipt of benefits.

      3.  As used in this section, “controlled

substance” has the meaning ascribed to it in 21 U.S.C. § 802(6).

      (Added to NRS by 2005, 22nd

Special Session, 12)

      NRS 422A.350  Identification and referral of victims of domestic violence;

restricted disclosure of determination.

      1.  The Division shall:

      (a) Periodically evaluate recipients of public

assistance pursuant to this chapter to identify recipients who are victims of

domestic violence.

      (b) Refer a recipient who it determines is a

victim of domestic violence to appropriate counseling or other supportive

services available in the community in which the recipient resides.

      2.  Except as otherwise provided in this

subsection, the Division shall not disclose to any person other than the victim

that a determination of domestic violence has been made pursuant to this

section. The Division may disclose the information to the Secretary of Health

and Human Services or his or her designee for the purposes of including that

information in the Federal Parent Locator Service established pursuant to 42

U.S.C. § 653.

      (Added to NRS by 2005, 22nd

Special Session, 13)

      NRS 422A.355  Recipients of public assistance: Immunization of dependent

children.

      1.  Except as otherwise provided in

subsection 3, as a condition to the receipt of public assistance, a recipient

must:

      (a) Ensure that each dependent child for whom the

recipient is receiving assistance has received the standard immunizations

established for children by the regulations adopted pursuant to NRS 439.550.

      (b) Within 6 months after the determination of

the eligibility of the recipient for public assistance, submit to the Division,

in the manner specified in NRS 432A.230

and 432A.260 for admission to a child

care facility, proof that each dependent child for whom the recipient is

receiving assistance has received those standard immunizations.

      2.  The Division shall advise each

recipient of the availability of those standard immunizations through clinics

for the immunization of children held pursuant to NRS 439.535.

      3.  The Division shall waive the

requirements of subsection 1 if the failure to immunize a dependent child is

because of a religious belief or medical condition and the recipient submits to

the Division a written statement of that fact in the manner specified in NRS 432A.240 or 432A.250 for admission to a child care

facility.

      4.  A head of a household that is receiving

benefits pursuant to the program to provide Temporary Assistance for Needy

Families who does not comply with the requirements of this section:

      (a) Shall be deemed to have failed to comply with

the terms of the plan for personal responsibility signed by the head of the

household pursuant to NRS 422A.535; and

      (b) Is subject to the penalties prescribed by the

Division pursuant to NRS 422A.560 for failing to

comply with the terms of that plan.

      (Added to NRS by 2005, 22nd

Special Session, 13)

      NRS 422A.360  Recipients of public assistance: Attendance of children at

school and assistance with their academic performance.

      1.  A recipient who has control or charge

of a child who is not less than 7 years of age, but is less than 12 years of

age, must comply with the provisions of NRS

392.040 with respect to that child.

      2.  If the head of a household that is

receiving benefits pursuant to the program to provide Temporary Assistance for

Needy Families has control or charge of a child who is not less than 7 years of

age, but is less than 12 years of age, the head of the household shall take

every reasonable action to ensure that the child is not at risk of failing to

advance to the next grade level in school.

      3.  If the head of a household that is

receiving benefits pursuant to the program to provide Temporary Assistance for

Needy Families has control or charge of a child who is not less than 7 years of

age, but is less than 12 years of age and:

      (a) The head of the household does not comply

with the provisions of NRS 392.040 with

respect to that child; or

      (b) That child is at risk of failing to advance

to the next grade level in school,

Ê the Division

shall require the head of the household to review with the Division the

personal responsibility plan signed by the head of household pursuant to NRS 422A.535 and revise the plan as necessary to

assist the head of the household in complying with the provisions of NRS 392.040 and helping the child to

improve his or her academic performance.

      (Added to NRS by 2005, 22nd

Special Session, 13; A 2013, 1311)

      NRS 422A.362  Denial of application for Children’s Health Insurance Program:

Notice; review of case and hearing; regulations; review by court.

      1.  If the Division denies an application

for the Children’s Health Insurance Program, the Division shall provide written

notice of the decision to the applicant. An applicant who disagrees with the

denial of the application may request a review of the case and a hearing before

an impartial hearing officer by filing a written request within 30 days after

the date of the notice of the decision at the address specified in the notice.

      2.  The Division shall adopt regulations

regarding the review and hearing before an impartial hearing officer. The

decision of the hearing officer must be in writing.

      3.  The applicant may, at any time within

30 days after the date on which the written decision is mailed, petition the

district court of the judicial district in which the applicant resides to

review the decision. The district court shall review the decision on the

record. The decision and record must be certified as correct and filed with the

court by the Administrator.

      4.  The review by the court must be in

accordance with NRS 422.279.

      (Added to NRS by 2013, 1308)

      NRS 422A.365  Prohibition against denial, reduction, discontinuance or

termination of public assistance in violation of federal requirements.  Notwithstanding any other provision of this

chapter, the Division shall not, pursuant to this chapter, deny, reduce,

discontinue or terminate any public assistance in violation of any requirement

of federal law or condition to the receipt of federal money.

      (Added to NRS by 2005, 22nd

Special Session, 14)

      NRS 422A.370  Expedited application for treatment or services for certain

persons.

      1.  If a person who is referred for

treatment for mental health issues, treatment for substance abuse or any other

treatment or service by an agency which provides child welfare services or by a

court in a case involving a report of child abuse or neglect, the Division

shall expedite the application of the person for such treatment or services to

ensure that the person receives the treatment or services in a timely manner.

      2.  As used in this section, “agency which

provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (Added to NRS by 2009, 329)

FINANCIAL RESPONSIBILITY OF RELATIVES

      NRS 422A.460  Liability of spouse or parent for minor child.

      1.  Spouse for spouse and parents for minor

children are liable for the support of an applicant for or recipient of public

assistance.

      2.  The Division shall investigate the

ability of responsible relatives to contribute to the support of an applicant

for or recipient of public assistance and shall determine the amount of such

support for which such relative is responsible.

      (Added to NRS by 2005, 22nd

Special Session, 14)

      NRS 422A.465  Written statement of responsible relative; perjury.  Written statements of information required

from responsible relatives of applicants or recipients need not be under oath,

but any person signing such statements who willfully states therein as true any

material matter which the person knows to be false is subject to all the

penalties for perjury as provided by law.

      (Added to NRS by 2005, 22nd

Special Session, 14)

      NRS 422A.470  Enforcement of support by legal action.  The

Division shall advise the Attorney General of the failure of a responsible

relative to contribute to the support of a recipient of public assistance as

required by law. The Attorney General shall cause appropriate legal action to

be taken to enforce such support and, in addition, may collect a reasonable fee

which must be added to the costs of the action in any justice court of the

State, the expense of such fee and costs to be borne by the relative. Any fees

collected by the Attorney General under the provisions of this section must be

deposited in the State General Fund in the State Treasury.

      (Added to NRS by 2005, 22nd

Special Session, 14)

      NRS 422A.475  Liability of relative not grounds for denying or discontinuing

public assistance; acceptance of assistance constitutes consent by recipient to

suit against responsible relative.  The

liability of a relative to contribute to the support of a recipient of public

assistance established by this chapter is not grounds for denying or

discontinuing public assistance to any person, but by accepting such public

assistance, the recipient thereof shall be deemed to consent to suit in his or

her name by the county against such responsible living relative or relatives

and to secure an order for his or her support.

      (Added to NRS by 2005, 22nd

Special Session, 14)

PROGRAM TO PROVIDE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES

      NRS 422A.500  Definitions.  As

used in NRS 422A.500 to 422A.600,

inclusive, unless the context otherwise requires, the words and terms defined

in NRS 422A.505 to 422A.520,

inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2005, 22nd

Special Session, 14)

      NRS 422A.505  “Benefit” defined.  “Benefit”

means any benefit provided by the Division pursuant to the program.

      (Added to NRS by 2005, 22nd

Special Session, 14)

      NRS 422A.510  “Head of household” defined.  “Head

of household” means a member of a household who receives benefits on behalf of

the household and is responsible for complying with the plan for personal

responsibility required by NRS 422A.535 and the

agreement of cooperation required by NRS 422A.540.

      (Added to NRS by 2005, 22nd

Special Session, 15)

      NRS 422A.515  “Household” defined.  “Household”

means an association of persons who:

      1.  Live in the same home or dwelling;

      2.  Are related by blood, adoption or

marriage; and

      3.  Are mutually dependent on each other

for the basic necessities of life.

      (Added to NRS by 2005, 22nd

Special Session, 15)

      NRS 422A.520  “Program” defined.  “Program”

means the program established to provide Temporary Assistance for Needy

Families.

      (Added to NRS by 2005, 22nd

Special Session, 15)

      NRS 422A.525  Powers and duties of Administrator.  The

Administrator:

      1.  Shall adopt regulations for the

administration of the program;

      2.  May contract with any state or private

agency to provide any of the services of the program; and

      3.  May receive a grant of money from the

Federal Government or any other source to defray the costs of the program.

      (Added to NRS by 2005, 22nd

Special Session, 15; A 2013, 1623)

      NRS 422A.530  Assessment of members of applicant’s household required before

provision of benefits; referrals for mental health services.

      1.  The Division shall make an assessment

of the skills, prior work experience and employability of each member of the

applicant’s household.

      2.  The assessment required pursuant to

subsection 1 must include an evaluation of whether the members of the household

need additional services, including, without limitation, job training, child

care, treatment for the abuse of alcohol or drugs, mental health services or

any other services.

      3.  The applicant must, as a condition to

the receipt of those benefits, cooperate with the Division in making the

assessment required pursuant to subsection 1.

      4.  If the assessment required pursuant to

subsection 1 indicates that a member of the household may require mental health

services, the Division shall refer that member of the household to a person

professionally qualified in the field of psychiatric mental health.

      5.  As used in this section, “person

professionally qualified in the field of psychiatric mental health” has the

meaning ascribed to it in NRS 433.209.

      (Added to NRS by 2005, 22nd

Special Session, 15)

      NRS 422A.535  Plan for personal responsibility of household: Establishment;

contents; execution; expiration; review; amendment.

      1.  The Division shall, with the participation

of the head of a household who is applying for benefits, establish a written

plan for personal responsibility for the household. The plan for personal

responsibility must be based on the assessment made pursuant to NRS 422A.530 and 42 U.S.C. § 608.

      2.  In addition to the requirements set

forth in 42 U.S.C. § 608, the plan required pursuant to subsection 1 must:

      (a) Identify the role of each member of the

household and the obligations of each member pursuant to the plan;

      (b) Be signed by the head of the household within

60 days after the head of household is determined to be eligible for benefits;

and

      (c) Specify a date, not later than 24 months

after the date the plan becomes effective, upon which the plan will expire.

      3.  The Division shall periodically review

the plan required pursuant to subsection 1 to determine whether the needs of

the household have changed. The Division may, with the participation of the

head of the household, amend the plan as it deems appropriate.

      4.  If a member of the household is an

unmarried parent who is less than 18 years of age, the plan required pursuant

to subsection 1 must include a provision which:

      (a) Requires the head of the household to ensure

that the unmarried parent attends training to learn the skills necessary to

care for the child; and

      (b) Encourages the head of the household to

ensure that the unmarried parent participates in a program which provides

mentors for unmarried parents who are less than 18 years of age.

      (Added to NRS by 2005, 22nd

Special Session, 15)

      NRS 422A.540  Agreement of cooperation: Establishment; execution; contents.

      1.  The Administrator shall establish by

regulation an agreement of cooperation that must be signed by the head of a

household as a condition to the receipt of benefits.

      2.  The agreement required pursuant to

subsection 1 must include a statement of:

      (a) The actions that the members of the household

are expected to take as a condition to the receipt of benefits; and

      (b) The penalties that may be imposed by the

Division pursuant to NRS 422A.560 for failing to

comply with the provisions of the agreement or the plan for personal

responsibility signed by the head of the household pursuant to NRS 422A.535.

      (Added to NRS by 2005, 22nd

Special Session, 16)

      NRS 422A.545  Period for action on application for benefits.  Within 45 days after an applicant for benefits

submits an application to the Division, the Division shall:

      1.  Approve the application and begin

providing benefits to the applicant; or

      2.  Deny benefits to the applicant.

      (Added to NRS by 2005, 22nd

Special Session, 16)

      NRS 422A.550  Performance of 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 a hardship described in subsection 7 of NRS

422A.570 to perform work:

      (a) Within a reasonable time after the Division

determines that the head of the household is capable of finding and performing

work; or

      (b) Not later than the date on which the head of

the household has received benefits for 24 months, regardless of whether those

months are consecutive or cumulative,

Ê whichever

occurs earlier.

      2.  A head of a household who does not

comply with the requirements of this section:

      (a) Shall be deemed to have failed to comply with

the terms of the plan for personal responsibility signed by the head of

household pursuant to NRS 422A.535; and

      (b) Is subject to the penalties prescribed by the

Division pursuant to NRS 422A.560 for the failure

to comply with the terms of that plan.

      3.  The Administrator shall adopt

regulations setting forth the activities that will constitute work for the

purposes of this section.

      (Added to NRS by 2005, 22nd

Special Session, 16)

      NRS 422A.555  Exemption of head of household from requirement to complete

program of job training; exceptions.

      1.  Except as otherwise provided in this

section, if the plan for personal responsibility signed by the head of a

household pursuant to NRS 422A.535 includes a

requirement that the head of the household complete a program of job training,

the Division may exempt the head of the household from that requirement upon

determining that:

      (a) The head of the household:

             (1) Is ill or physically incapacitated;

             (2) Must care for an ill or incapacitated

member of the household;

             (3) Is receiving payments or is awaiting

approval for the receipt of payments pursuant to the Supplemental Security

Income Program;

             (4) Is a single custodial parent of a

child who is less than 1 year of age;

             (5) Is not a recipient of benefits but

receives benefits on behalf of a member of the household who is a dependent;

             (6) Is a person who is:

                   (I) Sixty years of age or older;

                   (II) The caretaker of a child; and

                   (III) A relative, other than a

parent, of that child; or

             (7) Is pregnant and has been deemed unable

to work by her physician; or

      (b) Any other good cause exists to exempt the

head of the household from the requirement to complete the program of job

training.

      2.  A head of a household may not claim the

exemption prescribed in subparagraph (4) of paragraph (a) of subsection 1 for

more than 12 months during his or her lifetime, regardless of whether those

months are consecutive or cumulative.

      3.  The Division shall not exempt a head of

a household pursuant to this section if the exemption would violate a

requirement of federal law or a condition to the receipt of federal money.

      (Added to NRS by 2005, 22nd

Special Session, 16)

      NRS 422A.560  Failure to 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 a

household has not complied with the terms of the plan for personal

responsibility signed by the head of the household pursuant to NRS 422A.535 or the agreement of cooperation signed

by the head of the household pursuant to NRS 422A.540,

the Division shall notify the head of household that if the failure to comply

does not cease within 30 days after the head of household is notified of the

failure to comply, the benefits provided to the household will be reduced

pursuant to paragraph (b).

      (b) The Division shall adopt regulations

establishing a schedule of progressive penalties pursuant to which the benefits

to the household will be reduced or terminated because of the failure of the

head of the household to comply with the terms of the plan.

      2.  The Division shall not reduce,

discontinue or terminate any benefits pursuant to this section if the

reduction, discontinuance or termination would violate a requirement of federal

law or a condition to the receipt of federal money.

      (Added to NRS by 2005, 22nd

Special Session, 17)

      NRS 422A.565  Compliance with federal prohibitions on receipt of benefits.  The Division shall not provide benefits to a

person who is prohibited from receiving benefits pursuant to 42 U.S.C. §

608(a).

      (Added to NRS by 2005, 22nd

Special Session, 17)

      NRS 422A.570  Limitations on periods for receipt of benefits; exceptions;

denial or suspension of benefits to comply with federal limitation.

      1.  Except as otherwise provided in

subsection 2, a household that receives benefits for 24 months, regardless of

whether those months are consecutive or cumulative, is prohibited from

receiving additional benefits for 12 consecutive months unless the head of the

household is suffering from a hardship.

      2.  The household may receive additional

benefits for not more than 6 additional months, regardless of whether those

months are consecutive or cumulative, if the Administrator determines that

providing benefits to the household will significantly increase the likelihood

that the head of the household will become self-sufficient and will not need to

apply for benefits in the future. A household that receives any additional benefits

pursuant to this subsection is prohibited from receiving benefits for 12

consecutive months after the additional benefits cease to be provided unless

the head of the household is suffering from a hardship.

      3.  The Division shall not provide benefits

to a household if an adult member of that household has received benefits from

this or any other state for 60 months, regardless of whether those months are

consecutive or cumulative, unless the head of the household is suffering from a

hardship.

      4.  Except as otherwise provided in

subsections 5 and 6, a household that is receiving benefits beyond the period

prescribed in subsection 1, 2 or 3 because the head of the household is

suffering from a hardship may continue to receive benefits for as long as the head

of the household suffers from the hardship. Once the head of the household no

longer suffers from the hardship, the household is not eligible to receive

benefits:

      (a) For 12 consecutive months if the household

has not received benefits from this or any other state for 60 months,

regardless of whether those months are consecutive or cumulative; or

      (b) During the lifetime of the head of the

household if the household has received benefits from this or any other state

for 60 months, regardless of whether those months are consecutive or

cumulative, unless the head of the household again suffers from a hardship.

      5.  A household that is receiving benefits

pursuant to this section because the head of the household is suffering from a

hardship described in paragraph (c) of subsection 7 may not receive benefits

pursuant to this section solely because of that hardship for more than 12

months during the lifetime of the head of the household.

      6.  Notwithstanding any other provision of

this section, if the Administrator determines that the denial or suspension of

benefits provided to a household solely because the head of the household is

deemed to be suffering from a hardship is necessary to ensure that this State

does not exceed the limitation set forth in 42 U.S.C. § 608(a)(7)(C), the

Administrator may deny or suspend such benefits. The Administrator shall send

written notice to a household whose benefits will be denied or suspended

pursuant to this subsection.

      7.  For the purposes of this section, the

head of a household shall be deemed to be suffering from a hardship if the

Division determines that the head of household:

      (a) Is ill or physically or mentally

incapacitated;

      (b) Must care for an ill or incapacitated member

of the household;

      (c) Is a single custodial parent of a child who

is less than 1 year of age;

      (d) Is not a recipient of benefits but receives

benefits on behalf of a member of the household who is a dependent;

      (e) Is an unmarried parent who:

             (1) Is less than 18 years of age; and

             (2) Complies with the requirements set

forth in 42 U.S.C. §§ 608(a)(4) and 608(a)(5);

      (f) Is a person who is:

             (1) Sixty years of age or older;

             (2) The caretaker of a child; and

             (3) A relative, other than a parent, of

that child; or

      (g) Is suffering from any other condition or

circumstance that the Administrator deems to be a hardship.

      (Added to NRS by 2005, 22nd

Special Session, 17)

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

      1.  If the plan for personal responsibility

signed by the head of a household pursuant to NRS

422A.535 includes a provision providing for the payment of transitional

assistance to the head of the household, the Division may provide transitional

assistance to the head of the household if the household becomes ineligible for

benefits for one or more of the reasons described in 42 U.S.C. § 608(a)(11).

The Division shall not provide transitional assistance pursuant to this section

for more than 12 consecutive months.

      2.  As used in this section, “transitional

assistance” means:

      (a) Assistance provided by the Division to

low-income families to pay for the costs of child care; or

      (b) Medicaid provided pursuant to the plan

administered by the Department pursuant to NRS

422.271.

      (Added to NRS by 2005, 22nd

Special Session, 19)

      NRS 422A.580  Payment of certain expenses of applicant determined not to be in

need of long-term benefits.

      1.  The Division may, within the

limitations of available funding, provide for the payment by the Division of

certain expenses on behalf of an applicant for benefits if the Division

determines that the applicant is not in need of long-term benefits.

      2.  If the Division provides for the

payment of expenses pursuant to subsection 1, the Division shall specify the

expenses for which payment may be made.

      (Added to NRS by 2005, 22nd

Special Session, 19)

      NRS 422A.585  Program to promote self-sufficiency of certain parents:

Establishment; participation.

      1.  The Division shall, within the

limitations of available funding, establish a program which promotes the

self-sufficiency of a natural father whose paternity is presumed pursuant to NRS 126.051 or a noncustodial parent of a

child for whom benefits are being received by a household.

      2.  If a natural father whose paternity is

presumed pursuant to NRS 126.051 or a

noncustodial parent of a child for whom benefits are being received by a

household chooses to participate in the program established pursuant to

subsection 1, the Division may, within the limitations of available funding,

increase the amount of benefits provided to the head of the household on behalf

of the child.

      (Added to NRS by 2005, 22nd

Special Session, 19)

      NRS 422A.590  Encouragement of employment opportunities.  The Division shall, through its regional

offices, encourage public and private entities to provide employment

opportunities for members of households that are receiving benefits.

      (Added to NRS by 2005, 22nd

Special Session, 19)

      NRS 422A.595  Enforcement of court orders for support of children against

parents of certain noncustodial parents.

      1.  The Chief of the Program for the

Enforcement of Child Support of the Division or the designee of the Chief may

enforce a court order for the support of a child against the parents of a

noncustodial parent of a child if:

      (a) The custodial parent and noncustodial parent

of the child are both less than 18 years of age; and

      (b) The custodial parent of the child is a member

of a household that is receiving benefits.

      2.  If the Chief or his or her designee

enforces a court order against the parents of a noncustodial parent pursuant to

subsection 1, the parents of the noncustodial parent are jointly and severally

liable for the payments required pursuant to the order.

      (Added to NRS by 2005, 22nd

Special Session, 19)

      NRS 422A.600  Waiver of requirements of chapter for certain victims of

domestic violence.  Notwithstanding

any other provision of this chapter, if the Division determines that:

      1.  The head of a household is a victim of

domestic violence pursuant to NRS 422A.350; and

      2.  Requiring the head of the household to

comply with the requirements of this chapter or the regulations adopted

pursuant thereto may endanger or threaten the physical safety of the head of

the household,

Ê the Division

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

      (Added to NRS by 2005, 22nd

Special Session, 19)

PROGRAM TO ASSIST RELATIVES WHO HAVE LEGAL GUARDIANSHIP OF

CHILDREN

      NRS 422A.650  Establishment and administration of program; qualifications for

participation in program; assistance provided by program; adoption of

regulations.

      1.  The Department, through a division of

the Department designated by the Director, shall establish and administer a

program to provide supportive assistance to qualifying relatives of children

who provide care for and obtain the legal guardianship of those children.

      2.  As a condition to the provision of any

supportive assistance pursuant to this section:

      (a) The child must:

             (1) Have been placed in the care of a

qualifying relative for not less than 6 months; and

             (2) If the child is 14 years of age or

older, consent to the legal guardianship; and

      (b) The qualifying relative must:

             (1) Reside in this State;

             (2) Have attained such a minimum age as

the Department specifies by regulation;

             (3) Verify his or her relationship to the

child; and

             (4) File for and obtain court approval of

the legal guardianship and comply with any requirements imposed by the court.

      3.  The supportive assistance provided

pursuant to this section must include, within the limitations of available

funding:

      (a) Reimbursement of all or a portion of the

legal fees incurred by the qualifying relative to establish the legal

guardianship;

      (b) Payments of not more than the amount that the

Department would provide to a foster parent if the child had been placed in

foster care;

      (c) Assistance with:

             (1) Child care;

             (2) Respite care; and

             (3) Transportation; and

      (d) Any other assistance the Department deems

appropriate.

      4.  The Department shall adopt such

regulations as are necessary to carry out the provisions of this section.

      5.  As used in this section, unless the

context otherwise requires, “qualifying relative” means a person specified in

45 C.F.R. § 233.90(c)(1)(v)(A).

      (Added to NRS by 2005, 22nd

Special Session, 20)

UNLAWFUL ACTS; PENALTIES

      NRS 422A.700  Fraudulent acts; penalties.

      1.  Unless a different penalty is provided

pursuant to NRS 422.361 to 422.369, inclusive, or 422.450 to 422.590, inclusive, a person who knowingly

and designedly, by any false pretense, false or misleading statement,

impersonation or misrepresentation, obtains or attempts to obtain monetary or

any other public assistance, or money, property, medical or remedial care or

any other service provided pursuant to the Children’s Health Insurance Program,

having a value of $100 or more, whether by one act or a series of acts, with

the intent to cheat, defraud or defeat the purposes of this chapter is guilty

of a category E felony and shall be punished as provided in NRS 193.130. In addition to any other

penalty, the court shall order the person to pay restitution.

      2.  For the purposes of subsection 1,

whenever a recipient of Temporary Assistance for Needy Families pursuant to the

provisions of this chapter receives an overpayment of benefits for the third

time and the overpayments have resulted from a false statement or

representation by the recipient or from the failure of the recipient to notify

the Division of a change in circumstances which would affect the amount of

assistance the recipient receives, a rebuttable presumption arises that the

payment was fraudulently received.

      3.  For the purposes of subsection 1,

“public assistance” includes any money, property, medical or remedial care or

any other service provided pursuant to a state plan.

      (Added to NRS by 2005, 22nd

Special Session, 20)