[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 [Repealed.]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 [Repealed.]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 [Repealed.]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[Repealed.]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[Repealed.]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 [Repealed.]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 [Repealed.]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)
