Nev. Rev. Stat. § 422.272428

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 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 limited services for persons described in subsection 2 who are incarcerated, for not more than 90 days before the scheduled release of such persons. Such services must include, without limitation:
(a) Case management;
(b) Consultations with providers of physical and behavioral health care;
(c) Laboratory and radiology services;
(d) Prescription drugs, including, without limitation, medication-assisted treatment; and
(e) The services of a community health worker.
2. A person is eligible for the coverage described in subsection 1 if the person would otherwise be eligible for Medicaid if he or she were not incarcerated and:
(a) Is under 18 years of age;
(b) Has been diagnosed with:
(1) A mental illness;
(2) Substance use disorder;
(3) A chronic disease or other significant disease;
(4) An intellectual disability;
(5) A developmental disability;
(6) A traumatic brain injury; or
(7) Human immunodeficiency virus; or
(c) Is pregnant or not more than 12 weeks postpartum.
3. The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1315 that authorizes the Department to receive federal funding to provide the coverage required by this section. The Department shall fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver pursuant to this section.
4. If the Secretary of Health and Human Services grants the waiver applied for pursuant to subsection 3, the Department of Corrections shall coordinate with the Department of Health and Human Services on an ongoing basis to ensure persons described in subsection 2 who are incarcerated are screened and identified for eligibility to receive the coverage described in subsection 1.
5. As used in this section:
(a) "Chronic disease" means a health condition or disease which presents for a period of 3 months or more or is persistent, indefinite or incurable.
(b) "Community health worker" has the meaning ascribed to it in NRS 449.0027.
(c) "Developmental disability" has the meaning ascribed to it in NRS 433.069.
(d) "Intellectual disability" has the meaning ascribed to it in NRS 433.099.
(e) "Medication-assisted treatment" means treatment for an opioid use disorder using medication approved by the United States Food and Drug Administration for that purpose.
(f) "Mental illness" means any mental dysfunction leading to the impaired ability of a person to maintain himself or herself and to function effectively in his or her life situation without external support.
(g) "Traumatic brain injury" means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:
(1) A cerebral vascular accident;
(2) An aneurism; or
(3) A congenital defect.

NRS 422.272428

Added to NRS by 2023, 2992
Added by 2023, Ch. 489,§1, eff. 1/1/2024.