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- 83rd Session (2025)
Senate Bill No. 185–Senators Taylor; and Krasner
CHAPTER..........
AN ACT relating to health care; requiring reimbursement under
Medicaid to family members who provide personal care
services to certain recipients of Medicaid; making an
appropriation; and providing other matters properly relat ing
thereto.
Legislative Counsel’s Digest:
Existing law requires Medicaid to cover certain home and community -based
services for persons with physical disabilities, including personal care services in
the home. (NRS 422.272407, 422.396) Section 1 of this bill requires the
Department of Health and Human Services to reimburse a member of the family of
a recipient of Medicaid for providing personal care services to the recipient, so long
as the recipient: (1) is less than 18 years of age; (2) is eligible under Medicaid to
receive coverage for personal care services; and (3) has been diagnosed with a
disability or chronic illness that renders the recipient unable to perform activities of
daily living without assistance.
Section 2 of this bill makes a conforming change to require the Director of the
Department to administer the provisions of section 1 in the same manner as other
provisions relating to Medicaid. Section 2.5 of this bill makes an appropriation to
and authorizes expenditures by the Division of Health Care Financing and Policy of
the Department for certain costs associated with the Department reimbursing a
member of the family of a recipient of Medicaid for providing personal care
services to the recipient pursuant to section 1.
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. Chapter 422 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. The Department shall reimburse a member of the family of
a recipient of Medicaid described in subsection 2 for providing
personal care services that are covered by Medicaid to the
recipient.
2. Reimbursement is available under this section for personal
care services provided to a recipient of Medicaid who:
(a) Is less than 18 years of age;
(b) Is eligible under Medicaid to receive coverage for personal
care services; and
(c) Has been diagnosed with a disability or chronic illness that
renders the recipient unable to perform activities of daily living
without assistance.
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3. The Department shall apply to the Secretary of Health and
Human Services for any waiver of federal law or apply for any
amendment of the State Plan for Medicaid that is necessary for
the Department to receive federal funding to reimburse a member
of the family of a recipient of Medicaid for providing to the
recipient personal care services that are covered by Medicaid.
4. As used in this section, “personal care services” means the
services described in NRS 449.1935.
Sec. 2. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor,
administrators of the divisions of the Department, who are
respectively designated as follows:
(1) The Administrator of th e Aging and Disability Services
Division;
(2) The Administrator of the Division of Welfare and
Supportive Services;
(3) The Administrator of the Division of Child and Family
Services;
(4) The Administrator of the Division of Health Care
Financing and Policy; and
(5) The Administrator of the Division of Public and
Behavioral Health.
(b) Shall administer, through the divisions of the Department,
the provisions of chapters 63, 424, 425, 427A, 432A to 442,
inclusive, 446 to 450, inclusive, 458A and 656 A of NRS, NRS
127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and
section 1 of this act, 422.580, 432.010 to 432.133, inclusive,
432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive,
and 445A.010 to 445A.055, inclusive, and all oth er provisions of
law relating to the functions of the divisions of the Department, but
is not responsible for the clinical activities of the Division of Public
and Behavioral Health or the professional line activities of the other
divisions.
(c) Shall adm inister any state program for persons with
developmental disabilities established pursuant to the
Developmental Disabilities Assistance and Bill of Rights Act of
2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local
governments and nonprofit organizations which provide social
services, adopt a master plan for the provision of human services in
this State. The Director shall revise the plan biennially and deliver a
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- 83rd Session (2025)
copy of the plan to the Governor and the Legislature at the
beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the
Department for the provision of human services, and any
duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those
services among nonprofit organizations, agencies of local
government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by
the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department
in providing those services and in the planning and budgeting for the
future provision of those services; and
(6) Contain any other information necessary for the
Department to communicate effectively with the Federal
Government concerning demographic trends, formulas for the
distribution of federal money and any need for the modification of
programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state
and local governmental agencies to provide information regarding
the programs of those organizations and agencies, excluding
detailed information relating to their budgets and payrolls, which the
Director deems necessary for the performance of the duties imposed
upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or
the Director’s designee, is responsible for appointing and removing
subordinate officers and employees of the Department.
Sec. 2.5. 1. There is hereby appropriated from the State
General Fund to the Division of Health Ca re Financing and Policy
of the Department of Health and Human Services to carry out the
provisions of section 1 of this act the following sums:
For the Fiscal Year 2025-2026 .................................. $135,086
For the Fiscal Year 2026-2027 .................................. $414,251
2. Expenditure of the following sums not appropriated from the
State General Fund or the State Highway Fund is hereby authorized
by the Division of Health Care Financing and Policy of the
Department of Health and Human Services for the same purposes as
set forth in subsection 1:
For the Fiscal Year 2025-2026 .................................. $306,334
For the Fiscal Year 2026-2027 .................................. $616,026
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- 83rd Session (2025)
3. Any balance of the sums appropriated by subsection 1
remaining at the end of the respective fiscal years must not be
committed for expenditure after June 30 of the respective fiscal
years by the entity to which the appropriation is made or any entity
to which money from the appropriation is granted or otherwise
transferred in any manner, and any portion of the appropriated
money remaining must not be spent for any purpose after
September 18, 2026, and September 17, 2027, respectively, by
either the entity to which the money was appropriated or the entity
to which the money was subsequently granted or transferred, and
must be reverted to the State General Fund on or before
September 18, 2026, and September 17, 2027, respectively.
Sec. 3. 1. This section becomes effective upon passage and
approval.
2. Section 2.5 of this act becomes effective on July 1, 2025.
3. Sections 1 and 2 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2027, for all other purposes.
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