Title 38

NRS 422.272425 Medicaid: Inclusion of coverage for rehabilitative residential mental health care; application for waiver or amendment. 1. To the extent that federal financial participation is available, the Director shall include under Medicaid coverage for rehabilitative residen…

NRS 422.272426 Medicaid: Inclusion of coverage for certain medical respite care provided to persons experiencing homelessness; application for waiver or amendment; Division development of model for providing such care. [Effective July 1, 2027.] 1. To the extent that federal finan…

NRS 422.272427 Medicaid: Inclusion of coverage for behavioral health promotion and prevention provided by behavioral health and wellness practitioner; application for waiver or amendment. 1. To the extent that federal financial participation is available, the Director shall inclu…

NRS 422.2724275 Medicaid: Inclusion of coverage for administration of medication for medication-assisted treatment; application for waiver or amendment. 1. To the extent that federal financial participation is available, the Director shall include under Medicaid coverage for the …

NRS 422.272428 Medicaid: Inclusion of coverage for limited services for certain persons before scheduled release from incarceration; application for waiver. 1. The Director shall, to the extent that federal financial participation is available, include under Medicaid coverage for…

NRS 422.272429 Medicaid: Inclusion of coverage for screening for lung, colorectal and prostate cancer; application for waiver or amendment. 1. The Director shall include under Medicaid coverage for screening for lung cancer, colorectal cancer and prostate cancer. 2. The Authority…

NRS 422.2724295 Medicaid: Inclusion of coverage for certain procedures and services for the preservation of fertility in persons diagnosed with breast or ovarian cancer; application for waiver or amendment. [Effective January 1, 2027.] 1. To the extent that federal financial part…

NRS 422.27243 Program to provide medical assistance to certain persons who are employed and have disabilities. 1. Upon approval of the Interim Finance Committee, the Director, through the Division, shall establish a program for the provision of medical assistance to certain perso…

NRS 422.27247 Application for federal waiver to provide certain dental care for certain persons. 1. The Authority shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1315 to authorize the Authority to provide the dental care desc…

NRS 422.27248 Application for federal waiver authorizing Authority to receive federal funding for coverage for certain treatment for person in institution for mental diseases. 1. The Authority shall apply to the Secretary of Health and Human Services for a waiver granted pursuant…

NRS 422.27249 Application for federal waiver to increase rates of reimbursement for rural emergency hospital services. 1. The Authority may apply to the Secretary of Health and Human Services for a waiver of federal law or amendment to the State Plan for Medicaid that authorizes …

NRS 422.273 Establishment, development and implementation of statewide Medicaid managed care program; statewide procurement process to select health maintenance organizations to provide services. [Effective until the effective date of the initial contract entered into between the…

NRS 422.2734 Plan to ensure provision of behavioral health services by certain managed care organizations in culturally competent manner: Preparation; contents; implementation; review; additional duties. 1. To the extent practicable, the Division shall require a managed care orga…

NRS 422.2735 Program to provide increased capitation payments to Medicaid managed care plans for ground emergency medical transportation services provided by governmental provider. [Effective on the date that a program to provide increased capitation payments to governmental prov…

NRS 422.2748 Cooperation with Medicaid Fraud Control Unit. 1. The Director or a representative designated by the Director shall: (a) Promptly comply with a request from the Unit for access to and free copies of any records or other information in the possession of the Authority r…

NRS 422.27482 Report concerning provision of health benefits by large employers. 1. On or before January 1 of each year, the Director shall prepare, in consultation with the Director of the Department of Business and Industry, a report which includes, without limitation: (a) The …

NRS 422.27485 Enrollment of eligible Indian children in Children’s Health Insurance Program: Duty of Authority to seek assistance of and cooperate with Indian tribes; immediate action required; certain contracts for provision of services required. The Authority shall: 1. Seek the…

NRS 422.27486 Medicaid: Indian tribe authorized to determine presumptive eligibility of persons for Medicaid; application for waiver or amendment; provision of certain resources, training and technical assistance. 1. To the extent authorized by federal law, an Indian tribe may de…

NRS 422.27487 Eligibility for and coverage under Medicaid for persons who are incarcerated and persons released from incarceration; regulations. 1. To the extent not prohibited by federal law, the Authority shall: (a) Suspend, rather than terminate, the eligibility for Medicaid o…

NRS 422.2749 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; regulations. 1. To restrict the use or disclosure of any i…

NRS 422.27495 Contracts for provision of certain transportation services for recipients of Medicaid and recipients of services pursuant to Children’s Health Insurance Program; regulations. 1. The Authority shall, to the extent authorized by federal law, contract with a common mot…

NRS 422.27497 State Plan for Medicaid: Inclusion of requirement for payment of certain costs for services provided by behavior analysts, assistant behavior analysts and registered behavior technicians; establishment of reasonable limitations on hours for provision of such service…

NRS 422.275 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 1963, 501; A 1967, 1498; 1971, 1437; 1975, 175; 1979, 274; 1981, 1281; 1997, 2624; 1999, 2242; 2005, 22nd Special Sessi…

NRS 422.276 Appeal to Division by applicant for or recipient of benefits from Medicaid or Children’s Health Insurance Program; notice of initial decision; hearing. 1. Subject to the provisions of subsection 2, if an application for Medicaid or the Children’s Health Insurance Prog…

NRS 422.277 Hearing: Rights of parties; informal disposition; record; transcribing of oral proceedings; findings of fact; certain employees or representatives of Division prohibited from participating in decision. 1. At any hearing held pursuant to the provisions of subsection 2 …

NRS 422.2775 Hearing: Evidence. In any hearing held pursuant to the provisions of subsection 2 of NRS 422.276: 1. Irrelevant, immaterial or unduly repetitious evidence must be excluded. Unless it is privileged pursuant to chapter 49 of NRS, evidence, including, without limitation…

NRS 422.278 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…

NRS 422.2785 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 conclusion…

NRS 422.279 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 opportu…

NRS 422.280 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, as…

NRS 422.291 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, lev…

NRS 422.292 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 assistanc…

NRS 422.293 Subrogation: Authority subrogated to rights of recipient of Medicaid or of insurance provided pursuant to Children’s Health Insurance Program; lien on proceeds of recovery. 1. When a recipient of Medicaid or a recipient of insurance provided pursuant to the Children’s…

NRS 422.293001 Subrogation: Notice to Authority of recipient’s claim; statute of limitations tolled until notice received. 1. A recipient, upon assertion of a claim against a third party to which the Authority is subrogated pursuant to NRS 422.293, or the attorney of the recipien…

NRS 422.293003 Subrogation: Authority required to provide notice of amount of lien; enforceability of lien. Upon receiving the notice required pursuant to NRS 422.293001, the Authority shall, within 30 days, provide written notice to the recipient or the attorney of the recipient…

NRS 422.293005 Subrogation: Liability for failure to comply with provisions. 1. Except as otherwise provided in subsection 2, any person who fails to comply with the provisions of NRS 422.293 and 422.293001 is liable to the Authority for: (a) The total amount of the Authority’s l…

NRS 422.29301 Administration of provisions concerning recovery of amounts incorrectly paid for recipient of Medicaid; regulations; enforcement. The Director: 1. Shall administer the provisions of NRS 422.29302, 422.29304 and 422.29306; 2. May adopt such regulations as are necessa…

NRS 422.29302 Recovery of benefits paid for Medicaid: Powers and duties of Authority; claim against estate of recipient; regulations; distribution of money recovered; payment in cash. 1. Except as otherwise provided in this section and to the extent it is not prohibited by federa…

NRS 422.29304 Recovery of amounts paid for Medicaid under certain circumstances; powers and duties of Authority; duty to reimburse Authority; waiver of repayment; regulations. 1. Except as otherwise provided in this section, the Authority shall, to the extent that it is not prohi…

NRS 422.29306 Imposition and release of lien on property of recipient of Medicaid. 1. The Authority may, to the extent not prohibited by federal law, petition for the imposition of a lien pursuant to the provisions of NRS 108.850 against real or personal property of a recipient o…

NRS 422.305 Confidentiality of information obtained in investigation of provider of services under State Plan for Medicaid. 1. Except as otherwise provided in subsection 2 and NRS 228.410, 239.0115 and 422.2374, any information obtained by the Division in an investigation of a pr…

NRS 422.306 Hearing to review action taken against provider of services under State Plan for Medicaid; regulations; appeal of final decision. 1. Upon receipt of a request for a hearing that complies with the provisions of this section and any regulations adopted pursuant thereto,…

NRS 422.307 Definitions. As used in NRS 422.307 to 422.3079, inclusive, unless the context otherwise requires, the words and terms defined in NRS 422.30703 and 422.30705 have the meanings ascribed to them in those sections. (Added to NRS by 2025, 3114)

NRS 422.30703 “Medicaid managed care entity” defined. “Medicaid managed care entity” means: 1. A health maintenance organization or other managed care organization that enters into a contract with the Authority or the Division pursuant to NRS 422.273 to provide health care servic…

NRS 422.30705 “Recipient” defined. “Recipient” means a natural person who receives benefits through Medicaid or the Children’s Health Insurance Program, as applicable. (Added to NRS by 2025, 3114)

NRS 422.3071 Goods and services exempt from prior authorization. 1. The Authority or a Medicaid managed care entity, with respect to Medicaid and the Children’s Health Insurance Program, shall not require prior authorization for: (a) Evidence-based goods or services for preventiv…