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- 83rd Session (2025)
Assembly Bill No. 42–Committee on
Health and Human Services
CHAPTER..........
AN ACT relating to the public welfare; revising requirements
governing notice of the intent to adopt, amend or repeal
certain regulations or policies; authorizing the retroactive
application of certain regulations or policies; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the Administrator of the Division of Health Care
Financing and Policy of the Department of Health and Human Services to provide
at least 30 days’ notice before adopting, amending or repealing any regulation for
the administration of a program of public assistance or other program for which the
Division is responsible. (NRS 422.2369) This bill authorizes the Administrator to
adopt, amend or repeal a regulation or policy with 3 business days’ notice if the
intended action: (1) is required to ensure compliance with federal or state law; or
(2) will result in an expansion of services or benefits. This bill additionally
authorizes the Administrator to adopt a regulation or policy, or an amendment or
repeal of a prior regula tion or policy, that applies retroactively if such retroactivity
is necessary to ensure compliance with federal or state law and is clearly stated in
the regulation or policy, or the amendment or repeal of a prior regulation or policy.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 422.2369 is hereby amended to read as
follows:
422.2369 1. Before adopting, amending or repealing any
regulation or policy for the administration of a program of public
assistance or any other program for which the Division is
responsible, the Administrator must give [at] :
(a) At least 3 business days’ notice of the intended action, if
the intended action:
(1) Is required to ensure the Division remains in
compliance with federal or state law; or
(2) Will result in an expansion of services or benefits; or
(b) At least 30 days’ notice of the intended action [.] , for all
intended actions not described in paragraph (a).
2. The Administrator may adopt a regulation or policy, or an
amendment or repeal thereof, that applies retroactively for the
administration of a program of public assistance or any other
program for which the Division is responsible if:
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- 83rd Session (2025)
(a) Retroactive application of the regulation or policy is
necessary to ensure compliance with federal or state law; and
(b) The regulation or policy, or amendment or repeal thereof,
clearly states that it will be applied retroactively and the date to
which it will be applied retroactively.
3. The notice of intent to act upon a regulation or policy must:
(a) Include a statement of the need for and purpose of the
proposed regulation [,] or policy, or the amendment or repeal
thereof, and either the terms or substance of the proposed regulation
or policy, or amendment or repeal thereof, 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 thei r views
thereon.
(b) Include a statement identifying the entities that may be
financially affected by the proposed regulation or policy, or
amendment or repeal thereof, and the potential financial impact, if
any, upon local government.
(c) State each add ress at which the text of the proposed
regulation or policy, or amendment or repeal thereof, 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.] 4. All interested persons must be afforded a reasonable
opportunity to submit data, views or arguments upon a proposed
regulation [,] or policy, or amendment or repeal thereof, orally or
in writing. The Administrator shall consider fully all oral and
written submissions relating to the proposed regulation [.] or policy,
or amendment or repeal thereof.
[4.] 5. The Administrator shall keep, retain and make available
for public inspection written minutes and an audio recordin g 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.] 6. An objection to any regulation or policy, or amendment
or repeal thereof, on the ground of noncompliance with the
procedural requirements of this section may not be made more than
2 years after its effective date.
Sec. 2. This act becomes effective upon passage and approval.
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