AB 35 — Revises provisions governing certain programs to assist senior citizens and persons with disabilities with costs relating to health care. (BDR 40-288)

FromThe theDepartment moneyshall allocatedconsider pursuantrecommendations tofrom this paragraph, the DepartmentGrants mayManagement subsidizeAdvisory anyCommittee portionin ofcarrying out the costprovisions of providing- prescription81st drugs,Session pharmaceutical(2021) services– and,5 to– theThe extentDepartment moneyshall issubmit available,a otherquarterly benefits,report including,to withoutthe limitation,Governor, dentalthe andInterim visionFinance benefitsCommittee, andthe hearingLegislative aidsCommittee oron otherHealth devicesCare thatand enhanceany theother abilitycommittees toor hear,commissions tothe seniorDirector citizensdeems andappropriate personsregarding withthe disabilitiesgeneral pursuantmanner toin NRSwhich 439.635expenditures tohave 439.690,been inclusivemade [.]pursuant ,to and section 1 of this act.paragraph.

The Department shall consider recommendations from the Grants Management Advisory Committee in carrying out the provisions of NRS 439.635 to 439.690, inclusive [.] , and section 1 of this act.

The Department shall submit a quarterly report to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate regarding the general manner in which expenditures have been made pursuant to this paragraph.

(2) Transportation to new or existing services to assist senior citizen(3) Care in the home which allows senior citizens to remain at home instead of in livinginstitutional independently;care.

and (3) Care in the home which allows senior citizens to remain at home instead of in institutional care.

If any money allocated pursuant to this paragraph - *AB35* – 6 – remains after awarding grants to all eligible applicants, the Director must reallocate such money to the Aging and Disability Services Division of the Department to be used for the purposes described in paragraph (d).

In making allocations- pursuant81st toSession this(2021) paragraph,– the6 Division– shall allocate the money, by contract or grant:

paragraph, the Division shall allocate the (1) To the district board of health in each county whose population is 100,000 or more for expenditure for such programs in the respective county;

(h) Subject to legislative authorization, allocate, by contract or grant, money for expenditure for programs that improve the health and well-being of persons with disabilities.

(i) [Subject to legislative authorization, allocate money for direct expenditure by the Department to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to persons with disabilities - *AB35* – 7 – pursuant to NRS 439.705 to 439.795, inclusive.

- 81st Session (2021) – 7 – [(k)] (j) Ensure that any money expended from the Fund will not be used to supplant existing methods of funding that are available to public agencies.

[(l)] (k) Develop policies and procedures for the administration andagencies,ibupoliticalonsubdivisionsts distributionaof ofotthisexState,urenonprofite contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities, state colleges and community colleges.

A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs.

[(n)] (m) Transmit a report of all findings, recommendations and expenditures to the Governor, each regular session of the Legislature, the Legislative Committee on Health Care and any otheroth[(o)] committees(n) orAfter commissionsconsidering the recommendations submitted to the Director deemspursuant appropriate.to subsection 6, develop a plan each biennium to determine the percentage of available money in the Fund for a Healthy Nevada to be allocated from the Fund for the purposes described in paragraphs (c), (d), (f), (g) [,] and (h) .

[(o)] (n) After considering the recommendations submitted to the Director pursuant to subsection 6, develop a plan each biennium to determine the percentage of available money in the Fund for a Healthy Nevada to be allocated from the Fund for the purposes described in paragraphs (c), (d), (f), (g) [,] and (h) .

[(p)] (o) On or before September 30 of each even-numbered year, submit to the Grants Management Advisory Committee, the Nevada Commission on Aging created by NRS 427A.032 and the - *AB35* – 8 – Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211 a report on the funding plan submitted to the Chief of the Budget Division of the Office of Finance pursuant to paragraph [(o).] (n).

2.- 81st Session (2021) – 8 – necessary to carry out its duties.

The Department may take such other actions as are necessary3. to carry out its duties.

3.

and (f) Submit annual reports concerning the allocations made by the Aging and Disability Services Division pursuant to paragraph (d) of subsection 1 to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.appropriate.ny other committees 4.

4.

The Aging and Disability Services Division of the Department shall not expend or transfer any money allocated to the Aging and Disability Services Division pursuant to this section to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens or persons with disabilities pursuant to NRS 439.635 to 439.690, inclusive, [or to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other of benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive.] and section 1 of this act.

A veteran may receive benefits or other services which are available from the money allocated pursuant to this section for - *AB35* – 9 – senior citizens or persons with disabilities to the extent that the veteran does not receive other benefits or services provided to - 81st Session (2021) – 9 – veterans for the same purpose if the veteran qualifies for the benefits or services as a senior citizen or a person with a disability, or both.

On or before June 30 of each even-numbered year, the Grants Management Advisory Committee, the Nevada Commission on Aging and the Nevada Commission on Services for Persons with Disabilities each shall submit to the Director a report that includes, without limitation, recommendations regarding community needs and priorities that are determined by each such entity after any public hearings held by the entity.

439.655 The Department is responsible for the administration of the provisions of NRS 439.635 to 439.690, inclusive, and section 1 of this act and may:

Adopt regulations to protect the confidentialityofconfidentiality informationof supplied by a senior citizen or a person with a disability requesting a subsidy pursuant to NRS 439.670.439.670.h a 4.

4.

(a) Enter into contracts with private insurers who transact health insurance in this State to subsidize the cost of prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens and persons with disabilities by arranging for the availability, at a reasonable cost, of policies of health insurance that provide coverage to senior citizens and persons with disabilities for prescription drugs, pharmaceutical services and, to the extent money - *AB35*81st Session (2021) – 10 – is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance thethel and ability to hear;

Within the limits of the money available for this purpose in the Fund for a Healthy Nevada, a senior citizen or person with a disability who is not eligible for Medicaid and who is eligible for a subsidy that is made available pursuant to subsection 1 [is entitled to an annual grant] may receive assistance from the Fund to subsidize the cost of prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, if the senior citizen [has been domiciled in this State for at least 1 year immediately preceding the date of application and except as otherwise provided in subsection 5:

The subsidy granted pursuant to this section must not exceed the annual cost of prescription drugs, pharmaceutical services and to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devicescitizen.that that enhance the ability to hear, provided to the senior citizen.4.

4.

- *AB35*81st Session (2021) – 11 – 5.] or person with a disability, as applicable, is a resident of this State and meets the requirements prescribed by regulation ofofof the Department.

(a)(b) PrescriptionOther drugsbenefits, including, without limitation, dental or vision benefits or hearing aids or other devices that enhance the ability to hear,  for senior citizens or persons with disabilities who are eligible for a subsidy pursuant to subsections 1 [to 5, inclusive,] , 2 and 3, the Department may, upon approval of the Legislature, or the Interim Finance Committee if the Legislature is not in session, change any program established pursuant to NRS 439.635 to 439.690, inclusive, and section 1 of this act and otherwise provide assistance with prescription drugs, pharmaceutical services;services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens and persons with disabilities within the limits of the money available for this purpose in the Fund.

ordo (b)not Otherapply benefits,to including,the withoutextent limitation, dental or vision benefits or hearing aids or other devices that enhance the ability to hear,  for senior citizens or persons with disabilities who are eligible for a subsidy pursuant to subsections 1 [to 5, inclusive,] , 2 and 3, the Department may,provides uponassistanced approval of the Legislature, or the Interim Finance Committee if the Legislature is not in session, change any program established pursuant to NRS 439.635 to 439.690, inclusive, and section 1 of this act and otherwise provide assistance with prescription drugs, pharmaceutical services and,and to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens and persons with disabilities withinpursuant theto limitssubsection of[6.] the4. money available for this purpose in the Fund.

[7.] 5.

The provisions of subsections 1 [to 5, inclusive,] , 2 and 3 do not apply to the extent that the Department provides assistance with prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens and persons with disabilities pursuant to subsection [6.] 4.

A veteran may receive assistance with prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, pursuant to this section- to81st theSession extent(2021) that– the12 veteran– does not receive other services or benefits provided to veterans for the same purpose if the veteranveteranes - *AB35* – 12 – qualifies for the assistance as a senior citizen [.] or a person with a disability.

The Department shall determine which senior citizens and persons with disabilities are eligible to receive a subsidy pursuant to NRS 439.665 and, if the Department has entered into a contract pursuant to NRS 439.665 to provide the subsidy, pay the subsidy directlyentered tointo the personcontract.entity or entity with whom the Department has enteredSec. into the contract.

Sec.

439.685 Any subsidy granted pursuant to NRS 439.665 to a senior citizen or person with a disability who is not qualified for such a subsidy may be revoked by the Department.

- 81st Session (2021) – 13 – Sec.

439.690 No person may publish, disclose or use any personal or confidential information contained in a request for a subsidy submitted pursuant to NRS 439.670 except for purposes relating to the administration of [NRS 439.635 to 439.690, inclusive.] a program of the Department.

-439.635 *AB35*to –439.690, 13inclusive.] –a Sec.

(b) Establish or provide support for job training programs in the publicskills andof privatepersons sectorsemployed forin training,this retrainingState.retraining or improving the skills(c) Establish a program to provide grants of personsmoney employedto ina thisnonprofit State.private entity to be used to make loans of money to veterans and senior citizens to start small businesses.

(c) Establish a program to provide grants of money to a nonprofit private entity to be used to make loans of money to veterans and senior citizens to start small businesses.

The money used for the program for the employment and training of unemployed persons and persons employed in this State must supplement and not displace money available through existing employment training programs conducted by any employer or public agency and must not replace, parallel, supplant, compete with - 81st Session (2021) – 14 – or duplicate in any way existing apprenticeship programs approved by the State Apprenticeship Council.

(a) “Senior citizen” [has the meaning ascribed to it in NRS 439.650.]years meansof aage personor older.on who is domiciled in this State and is 62 years(b) of“Small agebusiness” ormeans older.a business conducted for profit which:

(b) “Small business” means a business conducted for profit which:

and - *AB35* – 14 – (2) Has gross annual sales of less than $5,000,000.

approval.5.Sec.

15.

This section becomes effective upon passage and 2.approval.

2.

LEADLINES~~~~~ OF21 REPEALED- SECTIONS81st 439.640Session “Household(2021) income” defined.

439.645 “Income” defined.

439.705 Definitions.

439.715 “Household income” defined.

439.725 “Income” defined.

439.735 Administration:

Powers and duties of Department.

439.745 Contracts to subsidize cost of prescription drugs, pharmaceutical services and other benefits;

eligibility for and amount of subsidies;

copayments;

waiver of eligibility requirements;

coverage provided by Federal Government;

authority of Department to change programs;

eligibility of veterans for subsidies.

439.755 Request for subsidy;

action on request;

payment of subsidy.

439.765 Denial of request for subsidy;

repayment of amount received pursuant to fraudulent request.

439.775 Judicial review of decision to deny request for subsidy.

439.785 Revocation of subsidy and payment of restitution.

439.795 Restrictions on use of information contained in request for subsidy.

H - *AB35*