S.B. 138
- *SB138*
SENATE BILL NO. 138–SENATOR CANNIZZARO
PREFILED JANUARY 30, 2025
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Referred to Committee on Health and Human Services
SUMMARY—Makes revisions governing Medicaid eligibility and
enrollment for certain infants. (BDR 38-580)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to Medicaid; providing for the establishment of
presumptive eligibility under Medicaid and automatic
enrollment in Medicaid for certain infants admitted to a
neonatal intensive care unit; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law requires the Department of Health and Human Services to develop 1
and administer a State Plan for Medicaid, which includes a list of specific medical 2
services that must be provided to recipients of Medicaid. (NRS 422.063, 422.270; 3
42 U.S.C. § 1396a) Existing federal law authorizes a state to provide benefits under 4
Medicaid for a prescribed period of presumptive eligibility to a child who is 5
determined to be eligible for Medicaid by an entity that meets certain requirements. 6
(42 U.S.C. § 1396r-1a) Section 1 of this bill requires the Department to establish 7
such presumptive eligibility under Medicaid for an infant who has been admitted to 8
a neonatal intensive care unit. Section 1 also requires the Department to establish 9
automatic enrollment in Medicaid for such an infant, if the Social Security 10
Administration determines that the infant or the parent or legal guardian of the 11
infant is eligible to receive benefits from the Supplemental Security Income 12
Program, which is a federal program to supplement the income of certain persons 13
who are aged, blind or disabled. (42 U.S.C. §§ 1381 et seq.) Section 2 of this bill 14
makes a conforming change to require the Director of the Department to administer 15
section 1 in the same manner as the provisions of existing law governing the State 16
Plan for Medicaid. 17
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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 1
thereto a new section to read as follows: 2
1. The Director shall, to the extent authorized by federal law, 3
include under Medicaid: 4
(a) Authorization for an infant who is admitted to a neonatal 5
intensive care unit and is determined by a qualified entity to be 6
presumptively eligible for Medicaid to enroll in Medicaid until the 7
last day of the month immediately following the month of 8
enrollment without submitting an application for enrollment in 9
Medicaid which includes additional proof of eligibility; and 10
(b) Automatic enrollment in Medicaid without a separate 11
application for an infant who is admitted to a neonatal intensive 12
care unit if the Social Security Administration determines that the 13
infant or the parent or legal guardian of the infant is eligible to 14
receive benefits under the Supplemental Security Income 15
Program. 16
2. As used in this section: 17
(a) “Qualified entity” has the meaning ascribed to it in 42 18
U.S.C. § 1396r-1a. 19
(b) “Supplemental Security Income Program” has the 20
meaning ascribed to it in NRS 422A.075. 21
Sec. 2. NRS 232.320 is hereby amended to read as follows: 22
232.320 1. The Director: 23
(a) Shall appoint, with the consent of the Governor, 24
administrators of the divisions of the Department, who are 25
respectively designated as follows: 26
(1) The Administrator of the Aging and Disability Services 27
Division; 28
(2) The Administrator of the Division of Welfare and 29
Supportive Services; 30
(3) The Administrator of the Division of Child and Family 31
Services; 32
(4) The Administrator of the Division of Health Care 33
Financing and Policy; and 34
(5) The Administrator of the Division of Public and 35
Behavioral Health. 36
(b) Shall administer, through the divisions of the Department, 37
the provisions of chapters 63, 424, 425, 427A, 432A to 442, 38
inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 39
127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and 40
section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 41
432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, 42
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and 445A.010 to 445A.055, inclusive, and all other provisions of 1
law relating to the functions of the divisions of the Department, but 2
is not responsible for the clinical activities of the Division of Public 3
and Behavioral Health or the professional line activities of the other 4
divisions. 5
(c) Shall administer any state program for persons with 6
developmental disabilities established pursuant to the 7
Developmental Disabilities Assistance and Bill of Rights Act of 8
2000, 42 U.S.C. §§ 15001 et seq. 9
(d) Shall, after considering advice from agencies of local 10
governments and nonprofit organizations which provide social 11
services, adopt a master plan for the provision of human services in 12
this State. The Director shall revise the plan biennially and deliver a 13
copy of the plan to the Governor and the Legislature at the 14
beginning of each regular session. The plan must: 15
(1) Identify and assess the plans and programs of the 16
Department for the provision of human services, and any 17
duplication of those services by federal, state and local agencies; 18
(2) Set forth priorities for the provision of those services; 19
(3) Provide for communication and the coordination of those 20
services among nonprofit organizations, agencies of local 21
government, the State and the Federal Government; 22
(4) Identify the sources of funding for services provided by 23
the Department and the allocation of that funding; 24
(5) Set forth sufficient information to assist the Department 25
in providing those services and in the planning and budgeting for the 26
future provision of those services; and 27
(6) Contain any other information necessary for the 28
Department to communicate effectively with the Federal 29
Government concerning demographic trends, formulas for the 30
distribution of federal money and any need for the modification of 31
programs administered by the Department. 32
(e) May, by regulation, require nonprofit organizations and state 33
and local governmental agencies to provide information regarding 34
the programs of those organizations and agencies, excluding 35
detailed information relating to their budgets and payrolls, which the 36
Director deems necessary for the performance of the duties imposed 37
upon him or her pursuant to this section. 38
(f) Has such other powers and duties as are provided by law. 39
2. Notwithstanding any other provision of law, the Director, or 40
the Director’s designee, is responsible for appointing and removing 41
subordinate officers and employees of the Department. 42
Sec. 3. 1. This section becomes effective upon passage and 43
approval. 44
2. Sections 1 and 2 of this act become effective: 45
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(a) Upon passage and approval for the purpose of adopting any 1
regulations and performing any other preparatory administrative 2
tasks that are necessary to carry out the provisions of this act; and 3
(b) On January 1, 2026, for all other purposes. 4
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