Understanding the Division of Welfare and Supportive Services in Nevada

General Provisions

This chapter, NRS 422A, outlines the legal framework for welfare and supportive services in Nevada, administered by the Division Of Welfare And Supportive Services (referred to as the “Division”). It defines key terms and establishes the operational structure and responsibilities of this crucial state entity.

Key Definitions within Chapter 422A

To properly understand the scope and function of welfare and supportive services in Nevada, it is essential to define several terms as they are used within this legal chapter.

NRS 422A.001: Scope of Definitions

The definitions provided in NRS 422A.005 to 422A.080 are applicable throughout Chapter 422A, unless the context explicitly indicates otherwise. This ensures consistency and clarity in the legal interpretation of welfare and supportive services.

NRS 422A.005: Administrator Defined

The term “Administrator” specifically refers to the Administrator of the Division of Welfare and Supportive Services. This individual is the executive head of the Division and holds significant responsibilities in its operation.

NRS 422A.015: Children’s Health Insurance Program Defined

The “Children’s Health Insurance Program” is defined as the initiative established under 42 U.S.C. 1397aa to 1397jj. Its purpose is to provide health insurance coverage to uninsured children from low-income families within the state of Nevada, ensuring healthcare access for vulnerable children.

NRS 422A.020: Department Defined

“Department” in this chapter refers to the Department of Health and Human Services. The Division of Welfare and Supportive Services operates as a part of this larger state department, indicating its integration within the broader health and human services framework.

NRS 422A.025: Director Defined

“Director” refers to the Director of the Department of Health and Human Services. This individual is the head of the Department and provides administrative oversight to the Division and its Administrator.

NRS 422A.030: Division Defined

“Division” unequivocally means the Division of Welfare and Supportive Services of the Department of Health and Human Services. This is the central entity focused on in this chapter, responsible for the administration of various welfare and support programs.

NRS 422A.035: Division of Health Care Financing and Policy Defined

The “Division of Health Care Financing and Policy” is another division within the Department of Health and Human Services. It is distinct from the Division of Welfare and Supportive Services, indicating a specialization in healthcare financing and policy matters within the state.

NRS 422A.037: Division of Public and Behavioral Health Defined

The “Division of Public and Behavioral Health,” also a part of the Department of Health and Human Services, is focused on public health initiatives and behavioral health services. This division is separate from the Division of Welfare and Supportive Services, highlighting the diverse range of services within the Department.

NRS 422A.045: Low-Income Home Energy Assistance Defined

“Low-Income Home Energy Assistance” refers to the program created to help low-income individuals manage the costs of heating and cooling their homes. This program operates under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), demonstrating a federal-state partnership in providing energy assistance.

NRS 422A.050: Medicaid Defined

“Medicaid” carries the definition ascribed to it in NRS 439B.120. Referring to this section provides the specific Nevada legal definition of Medicaid, a critical healthcare program for low-income individuals and families.

NRS 422A.055: Program for Child Care and Development Defined

The “Program for Child Care and Development” is established to provide support for the care and development of children, operating under the federal guidelines of 42 U.S.C. 9858 et seq. This highlights the Division’s role in early childhood development and support for working families.

NRS 422A.060: Program for the Enforcement of Child Support Defined

The “Program for the Enforcement of Child Support” is designed to locate absent parents, establish paternity, and secure child support payments. This program aligns with Part D of Title IV of the Social Security Act (42 U.S.C. 651 et seq.) and related federal provisions, emphasizing the Division’s role in family support and responsibility.

NRS 422A.065: Public Assistance Defined

“Public assistance” is broadly defined to encompass various state and federal aid programs administered by the Division and the Division of Health Care Financing and Policy. These include:

1. State Supplementary Assistance
2. Temporary Assistance for Needy Families (TANF)
3. Medicaid
4. Supplemental Nutrition Assistance Program (SNAP)
5. Low-Income Home Energy Assistance
6. Program for Child Care and Development
7. Other public welfare programs managed by the Division under federal law
8. Programs managed by the Division of Health Care Financing and Policy under NRS Chapter 422

It is important to note that the Children’s Health Insurance Program is specifically excluded from the definition of “public assistance.”

NRS 422A.070: State Supplementary Assistance Defined

“State Supplementary Assistance” is a program created to provide state-level aid to aged or blind individuals who are also recipients of the federal Supplemental Security Income (SSI) Program. This demonstrates a state-federal collaboration to support vulnerable elderly and blind populations.

NRS 422A.072: Supplemental Nutrition Assistance Defined

“Supplemental Nutrition Assistance” (SNAP), formerly known as food stamps, is defined as the program aimed at providing low-income individuals with the means to purchase a more nutritious diet. It operates under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), a key federal program administered at the state level.

NRS 422A.075: Supplemental Security Income Program Defined

The “Supplemental Security Income Program” (SSI) is a federal program under Title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) designed for aged, blind, or disabled individuals. Nevada’s Division interacts with this federal program, particularly through State Supplementary Assistance.

NRS 422A.080: Temporary Assistance for Needy Families Defined

“Temporary Assistance for Needy Families” (TANF) is a program established to provide temporary financial assistance to needy families, as defined under Title IV of the Social Security Act (42 U.S.C. 601 et seq.). TANF is a cornerstone of the Division’s responsibilities, focusing on temporary support and self-sufficiency.

NRS 422A.085: Eligibility for Public Benefits for Non-Citizens

This section addresses the eligibility of individuals who are not citizens or nationals of the United States to receive state or local public benefits. It mandates compliance with 8 U.S.C. 1621, which sets federal guidelines on non-citizen eligibility for public benefits, ensuring Nevada law aligns with federal regulations. It also clarifies that adhering to these federal regulations is not considered discrimination based on national origin.

Administrator of the Division of Welfare and Supportive Services

This section of Chapter 422A details the qualifications, roles, and responsibilities of the Administrator of the Division of Welfare and Supportive Services. This position is central to the effective functioning of the Division.

NRS 422A.155: Administrator Qualifications

The Administrator of the Division must meet specific qualifications to ensure effective leadership and management.

1. Selection Criteria: Candidates must be chosen based on their training, experience, competence, and dedication to public welfare services.
2. Experience Requirement: A minimum of three years of proven success in managing a public agency is required. This experience should include:
   • General program direction responsibilities.
   • Policy determination for program implementation.
   • Equivalent training and experience combinations are also considered.
3. Leadership Qualities: Candidates must demonstrate strong leadership abilities to guide the Division effectively.
4. Preferred Education: Preference is given to candidates holding a degree in social science, public administration, business administration, or a related field, indicating the value of relevant academic backgrounds.

NRS 422A.160: Executive Officer Role and Division Management

The Administrator serves as the chief executive officer of the Division, with comprehensive responsibilities:

1. Executive Officer: The Administrator is officially designated as the Executive Officer of the Division.
2. Policy and Administration: Responsibilities include establishing policies for program administration and overseeing all Division activities and services in accordance with these policies and regulations. This is subject to the administrative oversight of the Department Director.
3. Management Responsibility: The Administrator is ultimately responsible for the overall management and effective operation of the Division.

NRS 422A.162: Chapter Administration

The Administrator and the Division are mandated to administer the provisions of Chapter 422A. This responsibility is also subject to the administrative supervision of the Director, ensuring accountability and adherence to broader departmental goals.

NRS 422A.165: Reporting Requirements

The Administrator is required to produce regular reports to maintain transparency and accountability.

1. Federal Compliance Reports: The Administrator must create reports, subject to Director approval, that meet the requirements of both federal legislation and Chapter 422A. This ensures compliance with all applicable laws and regulations.
2. Biennial Report to Director: A biennial report on the Division’s condition, operations, and functioning must be submitted to the Director, providing a regular overview of the Division’s performance and activities.

NRS 422A.170: Fiscal Responsibilities

Fiscal management is a key duty of the Administrator, ensuring responsible handling of public funds.

1. Fiscal Supervision: The Administrator is responsible for supervising and managing the Division’s fiscal affairs, subject to the Director’s administrative oversight.
2. Budget Presentation: The biennial budget of the Division must be presented to the Legislature in collaboration with the Budget Division of the Office of Finance, ensuring financial planning and transparency.
3. Resource Allocation: The Administrator is tasked with allocating state appropriations for each program under the Division’s responsibility in an efficient and economical manner, again under the Director’s supervision.

NRS 422A.175: Division Organization and Staffing

The Administrator has the authority to organize the Division’s structure and manage its personnel.

1. Organizational Structure: The Administrator can establish, consolidate, and abolish sections within the Division to optimize operations.
2. Federal Standard Compliance: The Division’s organization must comply with both Chapter 422A requirements and standards set by federal legislation, subject to Director approval, ensuring alignment with legal and regulatory standards.
3. Section Head Appointments: The Administrator is responsible for appointing heads of various sections within the Division, building a capable leadership team.
4. Employee Hiring: The Administrator has the authority to employ necessary assistants and employees for the efficient operation of the Division, ensuring adequate staffing levels.
5. Service Standards: Setting standards of service is also a responsibility of the Administrator, aiming to ensure quality and consistency in the services provided by the Division.

NRS 422A.180: Oaths, Testimony, and Subpoenas

The Administrator and Director have specific powers related to investigations and hearings.

1. Administrator’s Authority: The Administrator or a designated representative can administer oaths, take testimony, and issue subpoenas. These subpoenas can require witness attendance and the production of relevant documents concerning eligibility for public assistance.
2. Director’s Authority: Similarly, the Director or a designee can administer oaths, take testimony, and issue subpoenas related to verifying treatment and payments to healthcare providers under the State Medicaid Plan.
3. Enforcement by District Court: If a witness fails to comply with a subpoena, the district court in the county where the investigation is being held can compel attendance, testimony, and document production, ensuring the Division’s investigative powers are enforceable.

NRS 422A.185: Regulation Adoption

The Administrator is empowered to adopt regulations necessary for the administration of Chapter 422A and all Division programs. This allows for the creation of detailed rules and procedures to implement the broader legal framework.

NRS 422A.190: Procedure for Regulation Changes

A specific procedure is outlined for adopting, amending, or repealing regulations to ensure transparency and public input.

1. Notice Requirement: At least 30 days’ notice must be given before any regulation is adopted, amended, or repealed for public assistance programs or other Division programs.
2. Notice Content: The notice must include:
   • A statement of need and purpose for the proposed regulation.
   • The terms or substance of the regulation, or a description of subjects and issues.
   • Details on how interested parties can submit views.
   • Identification of entities potentially financially affected and the potential financial impact on local government.
   • Addresses where the regulation text can be inspected and copied.
   • Mailing to those on the Administrator’s mailing list for regulation notices.
3. Public Input: Interested parties must be given a reasonable opportunity to submit data, views, or arguments, either orally or in writing. The Administrator is required to consider all submissions.
4. Public Record: Written minutes and an audio recording or transcript of each public hearing must be kept, retained, and made available for public inspection, in line with NRS 241.035. Copies must be provided upon request at no charge.
5. Time Limit for Objections: Objections based on procedural noncompliance must be made within two years of the regulation’s effective date, setting a limit for challenging regulations on procedural grounds.

NRS 422A.195: General Powers and Duties

The Administrator has a range of general powers and duties to ensure the effective operation of the Division and the welfare system.

1. Legislative Support: Providing the Director with materials to propose legislation related to welfare and supportive services.
2. Intergovernmental Cooperation: Cooperating with federal and state governments to enhance the effectiveness of Chapter 422A’s goals, fostering interagency collaboration.
3. Coordination with Other Agencies: Coordinating Division activities with other public and private agencies involved in related or similar activities, ensuring a joined-up approach to welfare.
4. Record Keeping and Custody: Maintaining complete and accurate records of proceedings, recording and filing bonds and contracts, and ensuring the custody and preservation of all relevant documents.
5. Public Information: Informing the public about the Division’s activities and operations, and providing information on welfare-related issues to enhance public understanding.
6. Social Problem Studies: Conducting studies into the root causes of social problems that the Division addresses, supporting evidence-based policy and program development.
7. Community Leadership: Providing community leadership to ensure all welfare activities are aligned towards the common goal of improving public welfare, promoting a unified approach.
8. Legal Enforcement: Utilizing legal, equitable, or special procedures to enforce orders and the provisions of Chapter 422A, ensuring compliance and accountability.
9. Efficiency and Fairness: Exercising other necessary powers to standardize state work, expedite business, ensure fair consideration of aid applications, and promote service efficiency, continuously improving the Division’s operations.

Administration and Procedure

This part of Chapter 422A outlines the administrative and procedural aspects of the Division’s operations, including financial administration, investigations, and hearings.

Financial Administration

This section details how the Division manages its finances, including appropriations, gifts, and federal funds.

NRS 422A.230: Legislative Appropriations and Disbursements

Financial resources for the Division’s operations are primarily derived from legislative appropriations and federal funding.

1. Legislative Funding: Money to implement Chapter 422A, including federal funds for Temporary Assistance for Needy Families (TANF) and the Program for Child Care and Development, must be appropriated by the Legislature from the State General Fund, ensuring state-level financial commitment.
2. Disbursements: All disbursements for Chapter 422A purposes must be made on duly filed and approved claims, following standard state treasury disbursement procedures for accountability and oversight.

NRS 422A.232: Gifts and Grants to the Division

The Division is authorized to accept gifts and grants, which are managed through a dedicated state account.

1. Gift Account: Any gifts or grants of money accepted by the Division must be deposited into the Division of Welfare and Supportive Services Gift and Cooperative Account within the Department of Health and Human Services Gift Fund, ensuring proper management of external funds.
2. Use of Funds: Money in this account must be used solely for welfare purposes and expended according to the terms of the gift or grant, maintaining donor intent and purpose.
3. Claim Approval: All claims against this account must be approved by the Administrator before payment, ensuring fiscal control and alignment with Division objectives.

NRS 422A.235: Deposit of Program Funds

Funds received for specific programs, especially federal funds, are deposited into designated state accounts.

Any federal money allocated to Nevada for public assistance programs and other Division-managed programs, along with other state-received funds for these purposes, must be deposited into the appropriate Division accounts within the State General Fund. An exception is made as provided in NRS 425.363, indicating specific fund handling for certain programs.

NRS 422A.240: Acceptance of Social Security Act and Federal Money

Nevada formally assents to the Social Security Act and related federal legislation, enabling the state to receive federal funding for welfare programs.

1. Assent to Social Security Act: Nevada formally agrees to the purposes of the federal Social Security Act of 1935 and subsequent federal legislation consistent with Chapter 422A and NRS 432.010 to 432.085, establishing a foundational agreement for federal-state cooperation.
2. Acceptance of Federal Appropriations: With gubernatorial approval, Nevada accepts congressional appropriations under the Social Security Act. These funds are deposited into the State Treasury for Department use, in accordance with Chapter 422A, NRS 432.010 to 432.085, and the conditions set by the Social Security Act, enabling the state to utilize federal resources.
3. Additional Federal Funds: Nevada can also accept additional federal funds, with gubernatorial approval, to expand Department-administered programs and services under the Social Security Act. These funds are also deposited into the State Treasury and used in accordance with Chapter 422A, NRS 432.010 to 432.085, and the conditions of the federal grants.

NRS 422A.245: Acceptance of Future Federal Benefits

The state is prepared to accept increased federal benefits if Congress expands federal participation in public assistance programs.

1. Increased Federal Participation: If Congress enacts laws increasing federal involvement in Nevada’s public assistance programs, whether regarding eligibility or other aspects, the Director, with Governor approval, may accept these enhanced benefits.
2. Regulatory Adaptation: The Administrator is authorized to adopt any regulations required by the federal government as a condition of accepting these increased benefits, ensuring state programs can adapt to and utilize new federal opportunities.

NRS 422A.250: Contracts with the Federal Government

The Director is authorized to enter into contracts with the federal government to facilitate welfare programs.

The Director has the authority to sign and execute contracts or agreements with the federal government or its agencies in the name of the State of Nevada, through the Department of Health and Human Services, enabling formal agreements for federal-state program partnerships.

NRS 422A.252: Contracts for Cooperation with Other Entities

The Division can collaborate with various governmental and private entities through contracts to enhance its services.

1. Cooperative Agreements: The Department, through the Division, can cooperate financially or otherwise, and enter into contracts with federal, state, and local government entities, as well as public or private corporations, individuals, or groups to advance Chapter 422A’s purposes.
2. Scope of Cooperation: These agreements can include provisions for the Division to provide staff, services, or resources without direct payment to further contract goals. If payment is involved for Division resources, it is directly reimbursed to the Division’s budget, ensuring resource neutrality. Cooperation under this section does not relieve any entity of existing legal responsibilities or liabilities.
3. Contracts with Nonprofits: Contracts with private nonprofit corporations may include provisions allowing the Division to inspect premises and records related to contracted services to ensure consumer welfare, share confidential consumer information with the nonprofit for service coordination, and allow the nonprofit to assign contract rights and obligations to the Division in certain circumstances.
4. Immunity Preservation: The State, Department, and Division retain all legal immunities and liability limitations when entering into these contracts, and all contracts must include a provision to this effect, protecting the state’s legal standing.

NRS 422A.260: State Plans for Programs

The Director is responsible for developing and adopting state plans required for federal programs administered by the Division.

1. State Plan Adoption: The Director must adopt state plans required by the federal government for public assistance or other Division programs, either directly or as a condition for receiving federal funds.
2. Plan Contents: Each state plan must specify:
   • Eligibility requirements for the program.
   • Types and amounts of assistance available.
   • Conditions imposed on recipients and the program.
   • Other provisions deemed necessary for program development and administration.
3. Plan Development Considerations: In developing and revising these plans, the Director must consider:
   • Federal funding availability.
   • Conditions attached to federal funds.
   • Limitations of state legislative appropriations and authorizations for the specific program.
4. Public Access to TANF Summary: The Division must make a summary of the State Plan for Temporary Assistance for Needy Families (TANF) available to the general public, promoting transparency.
5. Plan Compliance: The Division is required to comply with each state plan adopted under this section, ensuring adherence to program guidelines.

Investigations and Hearings

This section outlines the legal framework for investigations and hearings related to public assistance and services.

NRS 422A.270: Legal Advisors for the Division

The Attorney General and their deputies serve as the legal counsel for the Division.

The Attorney General and their deputies are designated as the legal advisors for the Division, providing legal expertise and representation as needed.

NRS 422A.275: Appeals by Applicants or Recipients

Applicants or recipients of public assistance have the right to appeal decisions regarding their benefits.

1. Right to Appeal: If an application for public assistance or a claim for services is not processed within a reasonable time, is denied, or if existing assistance is reduced, suspended, or terminated, the applicant or recipient can appeal to the Department. They have the right to be represented by counsel or another chosen representative.
2. Hearing Process: Upon initial adverse decisions, the Department must notify the applicant or recipient of the decision, relevant regulations, and their right to request a hearing within a specified period. If a hearing is requested, the Department must schedule it, notify the person of the details, provide a hearing opportunity, and review the case based on the appeal allegations.
3. Exemption for Automatic Adjustments: The Department is not required to grant a hearing if the appeal request is solely based on automatic adjustments to public assistance amounts mandated by federal or state law, streamlining processes for non-discretionary changes.

NRS 422A.280: Hearing Rights and Procedures

This section details the rights of parties during hearings and the procedural requirements.

1. Party Rights: In hearings under NRS 422A.275(2), all parties must be given the opportunity to respond, present evidence, and make arguments on all issues involved, ensuring a fair hearing process.
2. Informal Resolution: Unless legally prohibited, informal resolutions such as stipulations, agreed settlements, consent orders, or defaults are permitted, promoting efficiency and mutual agreement.
3. Hearing Record: The hearing record must include:
   • All pleadings, motions, and intermediate rulings.
   • Evidence received or considered.
   • Questions, offers of proof, objections, and rulings.
   • Any decision, opinion, or report by the presiding hearing officer, creating a comprehensive record of the proceedings.
4. Transcript Availability: Oral proceedings must be transcribed upon request from a party seeking judicial review, ensuring a written record for appeals.
5. Evidence Basis for Findings: Findings of fact must be based exclusively on substantial evidence presented during the hearing, ensuring decisions are evidence-based.
6. Impartial Decision-Making: Department employees or representatives who investigated or made the initial decision to deny, modify, or cancel assistance cannot participate in making the hearing decision, ensuring impartiality and preventing conflicts of interest.

NRS 422A.285: Hearing Evidence Rules

This section specifies the rules of evidence for hearings.

1. Evidence Admissibility: Irrelevant, immaterial, or repetitious evidence must be excluded. Hearsay and other evidence types may be admitted if they are commonly relied upon by reasonable persons in their affairs, unless privileged under NRS Chapter 49. Objections to evidence can be made. Evidence may be submitted in written form if it expedites the hearing and does not substantially prejudice parties’ interests, balancing efficiency and fairness.
2. Documentary Evidence: Documentary evidence can be submitted as copies or excerpts, with parties given the opportunity to compare copies to originals upon request, ensuring accuracy.
3. Party Rights Regarding Evidence: Each party has the right to:
   • Call and examine witnesses.
   • Introduce exhibits.
   • Cross-examine opposing witnesses on relevant matters, regardless of direct examination scope.
   • Impeach any witness, regardless of who called them.
   • Rebut adverse evidence, providing full evidentiary rights to all parties.

NRS 422A.290: Interpreter Services for Communication Disabilities

Individuals with communication disabilities are entitled to interpreter services during hearings.

Any person who is the subject of or a witness in a Division hearing and who has a communication disability as defined in NRS 50.050, is entitled to interpreter services at public expense. These services must be provided in accordance with NRS 50.050 to 50.053, with the interpreter appointed by the hearing presiding officer, ensuring accessibility for individuals with communication needs.

NRS 422A.295: Hearing Decision and Judicial Review

This section outlines the requirements for hearing officer decisions and the process for judicial review.

1. Decision Requirements: A hearing officer’s decision must be written, and a final decision must include separately stated findings of fact and conclusions of law. If statutory or regulatory language is used in findings, it must be accompanied by a concise statement of supporting underlying facts. A copy of the decision must be sent by certified mail to each party and their representative.
2. Judicial Review Petition: The Department or an applicant/recipient can petition the district court in the recipient’s judicial district for a decision review within 90 days of the written decision notice mailing date. The district court review is based on the hearing officer’s record, which the Department must certify and file with the court clerk.

NRS 422A.300: Judicial Review Process

This section details the judicial review process in district court and subsequent appeals.

1. Additional Evidence: Before the court hearing date, a party can apply to present additional evidence, with notice to the opposing party. If the court finds the evidence material and there was good cause for not presenting it earlier, it may order the Department to take additional evidence. The Department can then modify its findings and decisions, filing the new evidence and any changes with the court.
2. Scope of Review: The court review is conducted without a jury and is limited to the record. Proof of procedural irregularities not in the record may be taken in court. The court must hear oral arguments and receive written briefs if requested by either party.
3. Court Authority: The court must not substitute its judgment on factual weight for the Department’s. It can affirm or remand the Department’s decision for further proceedings. Reversal and remand are possible if the Department’s findings are:
   • In violation of constitutional, regulatory, or statutory provisions.
   • Beyond the Department’s statutory authority.
   • Made using unlawful procedure.
   • Affected by legal error.
   • Clearly erroneous based on reliable, probative, and substantial evidence in the record.
   • Arbitrary, capricious, an abuse of discretion, or a clearly unwarranted exercise of discretion.
4. Appellate Review: An aggrieved party can appeal a district court’s final judgment to the appellate court, following Nevada Supreme Court rules and civil case appeal procedures, allowing for further legal recourse.

NRS 422A.305: Reporting and Record Forms

The Division has the authority to standardize reporting and record-keeping formats for supervised entities.

To ensure accuracy, uniformity, and completeness of statistics and information, the Division can prescribe forms for reports and records to be kept by all persons, associations, or institutions under its supervision or investigation. These entities are required to use these prescribed forms for record-keeping and reporting, standardizing data collection.

Rights and Responsibilities of Recipients

This part of Chapter 422A outlines the rights and responsibilities of individuals receiving public assistance.

NRS 422A.325: Non-assignability and Protection from Legal Process

Assistance benefits are legally protected from assignment and legal processes.

Assistance awarded under Chapter 422A cannot be transferred or assigned legally or equitably. Funds paid or payable under this chapter are exempt from execution, levy, attachment, garnishment, or other legal processes, as well as bankruptcy or insolvency laws, protecting recipients’ benefits from creditors and legal claims.

NRS 422A.330: Assistance Subject to Legislative Changes

The provision of assistance is subject to future legislative amendments or repeals.

All assistance awarded under Chapter 422A is granted and held subject to any future amending or repealing legislation. Recipients have no vested claim to assistance that is affected by legislative changes, allowing the state to modify or terminate programs as needed.

NRS 422A.332: Immunization of Dependent Children

Recipients of public assistance have a responsibility to ensure their dependent children are immunized.

1. Immunization Requirement: As a condition of receiving public assistance, recipients must ensure that each dependent child has received standard immunizations as per regulations adopted under NRS 439.550, promoting child health and public health standards.
2. Proof of Immunization: Within six months of public assistance eligibility determination, recipients must submit proof of these immunizations to the Division, following procedures specified in NRS 432A.230 and 432A.260 for child care facility admissions, ensuring verification of compliance.
3. Division Advisory Role: The Division must inform recipients about the availability of standard immunizations through child immunization clinics under NRS 439.535, facilitating access to necessary healthcare services.
4. Waiver for Religious or Medical Reasons: The Division must waive the immunization requirement if failure to immunize is due to religious beliefs or medical conditions. Recipients must submit a written statement as specified in NRS 432A.240 or 432A.250 for child care facility admissions, accommodating individual circumstances.
5. TANF Non-compliance Penalties: Heads of households receiving Temporary Assistance for Needy Families (TANF) who do not comply with immunization requirements are considered non-compliant with their personal responsibility plan (NRS 422A.535) and are subject to penalties under NRS 422A.560, linking immunization to welfare compliance.

NRS 422A.333: School Attendance and Academic Performance

Recipients have responsibilities related to their children’s school attendance and academic performance.

1. School Attendance Compliance: Recipients with children aged 6 to 11 must comply with NRS 392.040 regarding mandatory school attendance, emphasizing the importance of education.
2. Academic Performance Support: TANF heads of households with children aged 6 to 11 must take reasonable actions to prevent their children from failing to advance to the next grade level, promoting academic success.
3. Intervention for Non-compliance: If a TANF head of household fails to comply with NRS 392.040 or if their child is at risk of academic failure, the Division must review the personal responsibility plan (NRS 422A.535) with the head of household. The plan must be revised to assist with school attendance compliance and academic improvement, providing support and intervention.

State Plan for Medicaid and Children’s Health Insurance Program

This part of Chapter 422A pertains to specific aspects of the State Plan for Medicaid and the Children’s Health Insurance Program.

NRS 422A.3351: Medicaid Application Statements

Medicaid applications must include statements regarding recovery actions and recipient liability.

Each Medicaid application must include statements informing applicants that:

1. Estate Recovery: Assistance paid on behalf of a recipient may be recovered from the recipient’s estate or their spouse’s estate, notifying applicants of potential future financial obligations.
2. Personal Liability for Incorrect Information: Applicants who sign the application and fail to report required information known at signing, or obtained later within the Department’s period, may be personally liable for incorrectly paid funds, emphasizing honesty and timely reporting.

NRS 422A.336: Denial of Children’s Health Insurance Program Application

This section outlines procedures for when an application to the Children’s Health Insurance Program is denied.

1. Denial Notice: If the Division denies a Children’s Health Insurance Program application, it must provide written notice to the applicant, ensuring formal communication of decisions.
2. Review and Hearing: Applicants disagreeing with a denial can request a case review and hearing before an impartial hearing officer by filing a written request within 30 days of the denial notice, providing an appeal mechanism.
3. Regulations and Decision: The Division must adopt regulations for the review and hearing process. The hearing officer’s decision must be in writing, formalizing the appeal process.
4. Judicial Review: Applicants can petition the district court for judicial review of the hearing officer’s decision within 30 days of the written decision mailing date. The court reviews the decision on the record, certified and filed by the Administrator, allowing for legal challenges.
5. Court Review Standards: Court review must be in accordance with NRS 422.279, referencing established judicial review standards for consistency.

Public Assistance

This section covers various aspects of public assistance programs administered by the Division.

NRS 422A.338: Department Duties Regarding Welfare Activities

The Department of Health and Human Services has broad duties in administering welfare programs.

The Department is mandated to:

1. Administer State Welfare Programs: Administer all public welfare programs in Nevada, including:
   • State Supplementary Assistance
   • Temporary Assistance for Needy Families (TANF)
   • Medicaid
   • Supplemental Nutrition Assistance Program (SNAP)
   • Low-Income Home Energy Assistance
   • Program for Child Care and Development
   • Program for the Enforcement of Child Support
   • Children’s Health Insurance Program
   • Other welfare activities and services under Nevada law, establishing a comprehensive administrative responsibility.
2. Single State Agency: Act as the single state agency for Nevada and its political subdivisions in administering federal funds for services and activities listed above, streamlining federal fund management.
3. Federal Cooperation: Cooperate with the federal government in adopting state plans, administrative methods, and efficiently using new federal grants to enhance welfare program operations under Chapter 422A, fostering federal-state partnerships.
4. Welfare Needs Study: Observe and study changing welfare needs, develop effective solutions through tests and demonstrations, and employ or contract for personnel and services funded by state or federal sources, promoting proactive and adaptive welfare strategies.
5. Reciprocal Agreements with Other States: Enter into reciprocal agreements with other states regarding public assistance, welfare services, and institutional care when deemed necessary or convenient by the Director, facilitating interstate cooperation for mobile populations.
6. SSI Agreements: Make agreements with the federal government to implement the Supplemental Security Income (SSI) Program in Nevada, aligning state efforts with federal SSI administration.

NRS 422A.339: SNAP Work Requirement Calculation and Exemptions

This section addresses the federal work requirements for the Supplemental Nutrition Assistance Program (SNAP).

1. Department Responsibilities: The Department must:
   • Standardize 36-Month Period: Calculate the 36-month period for federal SNAP work requirements (7 U.S.C. 2015(o)(2)) to start and end on fixed, continuous dates for all Nevada SNAP recipients, simplifying administration.
   • Seek Waivers: Seek waivers under 7 U.S.C. 2015(o)(4) when Nevada or parts of it qualify, to allow groups subject to the 3-month limit to continue receiving SNAP without meeting federal work requirements, maximizing benefit access during economic hardship.
   • Workfare Program: Adopt regulations to establish a voluntary workfare program per 7 C.F.R. 273.7(m)(8), allowing individuals to meet SNAP eligibility through program participation, with benefits at the state minimum wage, providing a work-based eligibility pathway.
2. Division Discretion: The Division may:
   • Grant Exemptions: Grant exemptions from the 3-month SNAP limit as authorized by 7 U.S.C. 2015(o)(6), offering flexibility in eligibility.
   • Prioritize Exemptions: Prioritize exemptions for:
     1. Seasonal workers.
     2. Veterans within one year of discharge.
     3. Non-custodial parents paying child support.
     4. Unpaid caregivers for elderly or disabled relatives, targeting specific vulnerable groups for exemption prioritization.
3. Contract for Eligibility Determination: The Division can contract with entities to help determine eligibility for waivers or exemptions from SNAP work requirements (7 U.S.C. 2015(o)(2)), enhancing administrative capacity and expertise.

NRS 422A.342: Confidentiality of Records

This section mandates the confidentiality of records concerning public assistance applicants and recipients.

1. Confidentiality Regulations: To protect applicant and recipient information for public assistance and the Children’s Health Insurance Program, the Division must establish and enforce regulations for custody, use, and preservation of records, files, and communications, in line with the Social Security Act, ensuring privacy safeguards.
2. Agency Compliance: If names, addresses, or information about assistance applicants and recipients are shared with other government agencies, those agencies must also comply with the Division’s regulations prohibiting publication or use of this data for non-administrative purposes, extending confidentiality protections across government bodies.
3. Prohibition on Disclosure: Except for purposes directly related to Chapter 422A administration, no person may publish, disclose, use, or permit the publication, disclosure, or use of confidential information about assistance recipients, including Children’s Health Insurance Program recipients, strictly limiting data usage.

NRS 422A.343: Jury Selection List Provision

The Department is required to provide lists of public assistance recipients for jury selection purposes.

1. List Provision for Jury Selection: Upon request from a district judge or jury commissioner, the Department must provide a list of names and addresses of public assistance recipients for jury selection under NRS 6.045, supporting civic participation.
2. Reimbursement for Costs: District judges or jury commissioners requesting these lists must reimburse the Department for the reasonable cost of compiling them, offsetting administrative expenses.

NRS 422A.345: Eligibility for Public Assistance for Certain Felonies

Conviction of a felony related to controlled substances does not automatically disqualify individuals from public assistance.

1. Eligibility for Felons: Individuals convicted of a felony involving controlled substances (possession, use, or distribution) may still receive public assistance if otherwise eligible. Nevada exempts all state residents from 21 U.S.C. 862a(a) under 21 U.S.C. 862a(d)(1)(A), removing a potential barrier to assistance.
2. Controlled Substance Definition: “Controlled substance” is defined as in 21 U.S.C. 802(6), aligning with federal drug definitions.

NRS 422A.350: Domestic Violence Victim Identification and Referral

The Division is required to identify and assist recipients who are victims of domestic violence.

1. Identification and Referral: The Division must periodically assess public assistance recipients to identify domestic violence victims and refer them to appropriate counseling and support services in their communities, proactively addressing domestic violence issues.
2. Confidentiality of Determination: The Division must not disclose a domestic violence determination to anyone other than the victim, except to the Secretary of Health and Human Services for inclusion in the Federal Parent Locator Service (42 U.S.C. 653), balancing victim confidentiality with federal reporting requirements.

NRS 422A.365: Federal Requirement Compliance

The Division must ensure that its actions comply with federal requirements for public assistance programs.

The Division must not deny, reduce, discontinue, or terminate any public assistance in violation of federal law or conditions for receiving federal funds, ensuring state practices align with federal mandates and funding conditions.

NRS 422A.370: Expedited Treatment Applications for Certain Persons

Expedited processing is required for treatment applications for individuals referred by child welfare agencies or courts.

1. Expedited Application Process: If a child welfare agency or court refers an individual for mental health, substance use disorder, or other treatment due to child abuse or neglect reports, the Division must expedite their application for these services to ensure timely access, prioritizing child and family welfare.
2. Child Welfare Agency Definition: “Agency which provides child welfare services” is defined as in NRS 432B.030, referencing the state’s child welfare services framework.

NRS 422A.372: Public Assistance for Qualified Non-Citizens

Qualified non-citizens are eligible for certain public assistance programs in Nevada.

1. Eligibility for Qualified Non-Citizens: The Department must provide public assistance under:
   • Temporary Assistance for Needy Families (TANF).
   • Medicaid.
   • Programs funded under 42 U.S.C. 1397 et seq.
     to qualified non-citizens who meet Department requirements under federal and state law, ensuring access to aid for eligible immigrants.
2. Definition of Qualified Non-Citizen: A “qualified person who is not a citizen or national of the United States” is defined as meeting the requirements of 8 U.S.C. 1641(b), aligning with federal immigration law definitions of qualified non-citizens.

NRS 422A.374: Use of SNAP and WIC Benefits for Menstrual Products

This section allows for the use of SNAP and WIC benefits to purchase menstrual products.

1. Authorization for Menstrual Products: To the extent allowed by federal law and funding, the Department must authorize recipients of SNAP and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) (42 U.S.C. 1786) to use benefits for menstrual products, addressing basic hygiene needs.
2. Federal Authorization Efforts: The Department must take necessary steps to obtain federal authorization and funding, including applying for waivers, to implement this provision, actively pursuing federal approvals.
3. State Program Option: If funds are available, the Department, through the Division, may establish and administer a program to assist with purchasing menstrual products for recipients of Division-managed programs, accepting donations to support this initiative, potentially creating a state-level supplement.
4. Menstrual Products Definition: “Menstrual products” includes sanitary napkins, tampons, and similar items used for menstruation, clarifying the scope of eligible purchases.

NRS 422A.376: Recovery of Incorrectly Paid Public Assistance

The Department has the power to recover public assistance benefits that were incorrectly paid.

1. Recovery Conditions: Except as otherwise provided, and to the extent permitted by federal law, the Department must recover incorrectly paid public assistance from a recipient, their estate, or someone who signed the application if that person:
   • Failed to report known required information at application.
   • Refused to provide financial information about recipient income/assets.
   • Concealed information about recipient income/assets to enable eligibility.
   • Made false representations about recipient income/assets.
   • Failed to report later-obtained required information within the Department’s timeframe, establishing grounds for recovery.
2. Duty to Reimburse: Recipients of incorrectly paid assistance, or application signers, must reimburse the Department or appropriate state agency for the value of the incorrect payments, creating a legal obligation to repay.
3. Settlement Authority: The Director or designee can determine amounts, settle, adjust, compromise, or deny claims for recovery, providing administrative flexibility.
4. Waiver for Undue Hardship: The Director may waive repayment if the incorrect payment was not due to intentional misrepresentation and repayment would cause undue hardship to the recipient. Regulations must define waiver terms and conditions, including undue hardship criteria, balancing recovery with recipient welfare.
5. Exclusion of Medicaid: “Public assistance” in this section excludes Medicaid, focusing recovery on other forms of public aid.

Financial Responsibility of Relatives

This section addresses the financial responsibilities of spouses and parents for public assistance recipients.

NRS 422A.460: Liability of Spouse and Parents

Spouses and parents have financial responsibility for supporting public assistance applicants and recipients.

1. Spousal and Parental Liability: Spouses are liable for each other, and parents are liable for their minor children who are applicants or recipients of public assistance, establishing legal responsibility for family support.
2. Investigation of Relatives’ Ability to Contribute: The Division must investigate the ability of responsible relatives to contribute to the support of applicants/recipients and determine the support amount they are responsible for, assessing family resources.

NRS 422A.465: Written Statement of Responsible Relative

Written statements from responsible relatives do not need to be sworn but are subject to perjury laws.

Written statements of information from responsible relatives of applicants or recipients do not need to be sworn under oath. However, anyone signing such statements who knowingly makes false material statements is subject to perjury penalties, ensuring truthfulness in submitted financial information.

NRS 422A.470: Legal Action for Support Enforcement

The Division can initiate legal action to enforce support obligations from responsible relatives.

The Division must inform the Attorney General of any responsible relative’s failure to contribute support as legally required. The Attorney General must take legal action to enforce support and may collect a reasonable fee, added to court costs, borne by the relative, with fees deposited into the State General Fund, enabling legal enforcement and cost recovery.

NRS 422A.475: Relative Liability Not Grounds for Denying Assistance

Relative liability does not prevent individuals from receiving public assistance.

A relative’s liability to contribute support does not justify denying or discontinuing public assistance to any person. By accepting public assistance, recipients consent to the county suing responsible relatives in their name to secure a support order, ensuring assistance access while pursuing family financial responsibility.

Financial Independence

This part of Chapter 422A focuses on programs and initiatives aimed at promoting financial independence for public assistance recipients.

General Provisions

NRS 422A.477: Nevada Statewide Council on Financial Independence Defined

This section defines the Nevada Statewide Council on Financial Independence for the purposes of NRS 422A.477 to 422A.497.

“Nevada Statewide Council on Financial Independence” refers to the council created by NRS 422A.478, establishing a specific entity for financial independence initiatives.

Nevada Statewide Council on Financial Independence

This subsection outlines the creation, membership, and duties of the Nevada Statewide Council on Financial Independence.

NRS 422A.478: Council Creation and Membership

The Nevada Statewide Council on Financial Independence is formally created and structured.

1. Council Creation: The Nevada Statewide Council on Financial Independence is officially established.
2. Voting Membership: The Council comprises voting members including:
   • Lieutenant Governor or designee.
   • State Treasurer or designee.
   • Director of the Department of Health and Human Services or designee.
   • Director of the Department of Employment, Training and Rehabilitation or designee.
   • Attorney General or designee.
   • Executive Director of the Office of Economic Development or designee.
   • Superintendent of Public Instruction of the Department of Education or designee.
   • Five members appointed by the State Treasurer, representing:
     1. Housing authorities, Nevada Rural Housing Authority, or affordable housing nonprofits.
     2. Child welfare agencies in counties of 700,000+ population.
     3. Nevada System of Higher Education.
     4. Workforce Connections or successor organization.
     5. Experts in programs for public assistance or social services recipients, ensuring diverse expertise.
3. Chair: The State Treasurer or designee serves as Council Chair, providing leadership.
4. Vice Chair: The Lieutenant Governor or designee serves as Vice Chair, supporting Council leadership.

NRS 422A.479: Vacancies

This section addresses how vacancies in the appointed membership of the Council are to be filled.

Vacancies in appointed Council memberships are filled by the State Treasurer for the remainder of the unexpired term, ensuring continuity of Council operations.

NRS 422A.480: Bylaws, Meetings, and Compliance

The Council is governed by bylaws and must adhere to open meeting laws.

1. Bylaws: The Council may establish bylaws for its operation, providing internal governance flexibility.
2. Meetings: The Council must meet at the Chair’s call as often as needed, but at least quarterly, ensuring regular activity.
3. Quorum: A majority of voting members constitutes a quorum for business, and a majority of those present can take official action, defining operational thresholds.
4. Open Meeting Law Compliance: The Council and its working groups must comply with NRS Chapter 241 (Open Meeting Law), ensuring transparency and public access to meetings.

NRS 422A.481: Compensation of Members

Compensation and expense reimbursement for Council members are outlined.

1. Compensation and Expenses: If funds are available, the Council may provide:
   • Up to $80/day compensation to non-public employee members for Council business.
   • Per diem and travel expenses for all members as for state officers/employees, supporting member participation.
2. Public Employee Members: Public employee Council members cannot receive compensation for Council service but are granted administrative leave for Council business without loss of pay or accrued leave, facilitating public employee involvement.

NRS 422A.482: Council Duties

The Nevada Statewide Council on Financial Independence has specific duties to promote financial independence.

The Council must:

1. Develop Statewide Priorities: Develop statewide priorities and strategies to help public assistance/social service recipients increase financial independence, guiding state agency efforts.
2. Coordinate State Agencies: Coordinate state agencies working with these populations to collectively enhance financial independence, ensuring a unified state approach.
3. Oversee Individual Development Account Program: Oversee the Individual Development Account Program (NRS 422A.487-422A.497) if established, providing program governance.

NRS 422A.483: Working Groups

The Council Chair can appoint working groups to assist with Council duties.

1. Working Group Appointment: The Chair may appoint working groups with Council approval to assist in Council duties, structuring support for Council work. Working groups must include at least one Council member.
2. Public Employee Members: Public employees in working groups receive administrative leave without pay loss or leave reduction, encouraging public sector expertise contribution.

NRS 422A.484: Staff Assistance

The State Treasurer is responsible for providing staff support to the Council.

If funds are available, the State Treasurer must provide staff assistance to the Council, potentially through the State Treasurer’s Office, ensuring operational support.

NRS 422A.485: Gifts and Grants

The Council is authorized to seek and receive gifts, grants, and donations.

The Council can apply for and receive gifts, grants, donations, or other funds from governmental and private sources to carry out NRS 422A.477-422A.486 and cover Council expenses, diversifying funding sources.

NRS 422A.486: Annual Report

The Council is required to produce an annual report on its activities.

If funds are available, the State Treasurer must prepare an annual report on Council activities by February 15 each year and submit it to the Governor and the Legislative Counsel Bureau for transmittal to relevant legislative committees or the Legislative Commission, ensuring accountability and legislative oversight.

Individual Development Account Program

This subsection details the Individual Development Account Program, designed to help individuals build financial assets.

NRS 422A.487: Definitions for IDA Program

This section defines terms specific to the Individual Development Account Program.

NRS 422A.488-422A.491 define terms used in NRS 422A.487-422A.497, establishing a consistent vocabulary for the IDA Program.

NRS 422A.488: Account Holder Defined

“Account holder” is defined as a person qualified for and participating in the IDA Program.

“Account holder” means someone who qualifies under NRS 422A.493 and has established an individual development account (IDA) under NRS 422A.494, defining program participants.

NRS 422A.489: Fiduciary Organization Defined

“Fiduciary organization” refers to a nonprofit entity selected to manage IDA funds.

“Fiduciary organization” is a nonprofit chosen under NRS 422A.496 to manage state IDA funds. It must be a fundraising nonprofit exempt under IRC 501(c)(3), specifying organizational criteria.

NRS 422A.490: Financial Institution Defined

“Financial institution” is broadly defined to include various regulated financial entities.

“Financial institution” includes depository institutions or entities regulated under NRS Title 55, including holding companies, affiliates, or subsidiaries, encompassing a wide range of financial service providers.

NRS 422A.491: Program Defined

“Program” simply refers to the Individual Development Account Program itself.

“Program” means the Individual Development Account Program established under NRS 422A.487-422A.497, providing a concise term for program references.

NRS 422A.492: Program Establishment and Activities

This section outlines the establishment, funding, and authorized activities of the IDA Program.

The Office of the State Treasurer:

1. Fundraising: Must solicit gifts, grants, and donations to fund the IDA Program, including matching payments and required training, ensuring program financial resources.
2. Program Establishment: Must establish the IDA Program if sufficient funds are raised, contingent on funding success.
3. Program Activities: If established, may:
   • Transfer Funds: Transfer funds to:
     1. Department of Health and Human Services for NRS 422.399 instruction.
     2. Licensing authorities for NRS 424.089 instruction.
     3. Child welfare agencies for NRS 432B.650 instruction.
     4. Housing authorities and Nevada Rural Housing Authority for NRS 315.515 and 315.9945 instruction.
   • Select Fiduciary Organizations: Select fiduciary organizations under NRS 422A.496, setting up program operational infrastructure.

NRS 422A.493: IDA Establishment and Qualifications

This section details who can establish an IDA and the qualifications required.

1. IDA Establishment: Qualified individuals under subsection 2 may establish an IDA if the Program is established and funded, setting conditions for IDA creation.
2. Account Holder Qualifications: To qualify, a person must be:
   • Nevada resident.
   • At least 12 years old.
   • One of the following:
     1. Tenant in housing projects of:
        • Local housing authorities (NRS 315.140-315.7813).
        • Nevada Rural Housing Authority (NRS 315.961-315.99874).
        • Affordable housing nonprofits using low-income housing tax credits, private activity bonds, or government affordable housing funds (e.g., HOME Investment Partnerships Act).
     2. Medicaid recipient.
     3. Foster care provider establishing an IDA for a child in care (NRS 424.088).
     4. Relative or fictive kin with whom a child is placed under NRS 432B.390(6)(b), establishing an IDA for the child (NRS 432B.645), defining eligible populations.
3. IDA Agreement: To establish an IDA, the account holder and a fiduciary organization must agree that the account holder will deposit funds in a Nevada financial institution, and the fiduciary organization will provide matching funds (NRS 422A.495), aiming to build assets for specific purposes (NRS 422A.494).
4. Personal Development Plan: Except for foster care providers, relatives/fictive kin, or children for whom they establish IDAs, every account holder must develop a personal development plan with fiduciary organization support to increase financial independence through IDA goals. The plan must specify the IDA’s purpose, complying with NRS 422A.494. Fiduciary organizations must ensure financial literacy instruction and mentorship/financial coaching.
5. Contracted Services: Fiduciary organizations may contract for independent contractors to provide instruction and mentorship/coaching.
6. Household Account Limit: Fiduciary organizations must refuse IDA establishment if it would result in a household having more than two IDAs, limiting program concentration within households.
7. Local Housing Authority Definition: “Local housing authority” refers to authorities defined in NRS 315.170, clarifying housing authority types.

NRS 422A.494: Authorized IDA Purposes and Withdrawals

This section specifies the purposes for which IDA funds can be used and withdrawal rules.

1. Authorized Purposes: Individuals may establish IDAs and withdraw funds only for purposes authorized by the fiduciary organization.
2. Authorized Purposes List: Fiduciary organizations may authorize IDAs and withdrawals for:
   • Postsecondary education or job training.
   • Extracurricular activities for account holder’s household members under 18 (excluding tuition).
   • Primary residence purchase (including settlement/closing costs; restrictions on prior home ownership in past 3 years, unless displaced, divorced, or manufactured home owner).
   • Primary residence rental (including security deposits, first/last month’s rent, application fees, moving expenses as per personal development plan).
   • Small business establishment (including startup costs, employee hiring, working capital per approved business plan).
   • Primary residence improvements/repairs for habitability or accessibility.
   • Equipment, technology, or specialized training for employment competitiveness (per personal development plan).
   • Vehicle purchase or repair (per personal development plan).
   • Retirement savings (per personal development plan).
   • Educational or medical debt payment while saving for another authorized purpose (per personal development plan).
   • Credit score improvement via secured loans or credit-building financial products (per personal development plan).
   • Primary residence replacement for habitability or energy efficiency improvement.
   • Medical expenses for account holder or household members, providing broad allowable uses.
3. Child Account Holder Plan: Child account holders (foster care/relative-kin IDAs) seeking withdrawals for purposes requiring personal development plan specification must create a plan substantially complying with NRS 422A.493(4).
4. Retirement Account Rollover: Account holders achieving retirement savings goals (IDA purpose 2(i)) may withdraw all IDA deposits into a retirement account (IRA, 401k, etc.), terminating the IDA relationship.
5. Unauthorized Withdrawal: Unauthorized withdrawals may result in account holder removal from the Program, enforcing program rules.
6. Removal for Relocation/Inability to Continue: Fiduciary organizations may remove account holders moving out of state or unable to continue in the Program (except as per NRS 424.088/432B.645), managing program attrition.
7. Reverted Funds: Upon removal, matching deposits and interest revert to the fiduciary organization for use as matching deposits for other IDAs, recycling program funds.
8. Household Definition: “Household” is defined as persons living together, related by blood/adoption/marriage, and mutually dependent, clarifying household composition for IDA purposes.

NRS 422A.495: Matching Funds and Limitations

This section details the matching funds provided by fiduciary organizations and related limitations.

1. State Funding for Matching Payments: If the IDA Program is established, the State Treasurer must provide funds to fiduciary organizations for matching payments, and organizations may seek additional donations, with notification to the Treasurer, establishing funding mechanisms.
2. Matching Formula: Fiduciary organizations must match account holder deposits per a formula approved by the State Treasurer, matching up to $5 for every $1 deposited, incentivizing saving.
3. Matching Deposit Account: Matching deposits must be in a savings account:
   • Jointly held by account holder and fiduciary organization, requiring dual signatures for withdrawals, OR
   • Controlled by the fiduciary organization, separate from the account holder’s savings, ensuring control over matching funds.
4. Annual Matching Funds Limit: Account holders cannot accrue more than $3,000 in matching funds annually, with fiduciary organizations able to set lower limits, capping annual matching benefits.
5. Sufficient Funds Maintenance: Fiduciary organizations must maintain enough funds to cover matching agreements for all administered IDAs, ensuring financial solvency.
6. Administrative Expense Limit: Fiduciary organizations cannot spend more than 5% of state funds received on administrative expenses, maximizing fund use for direct program benefits.
7. Maximum Matching Funds Regulation: The State Treasurer may regulate the maximum total matching funds for an IDA, allowing for further program parameter setting.

NRS 422A.496: Fiduciary Organization Selection

This section outlines the criteria for selecting fiduciary organizations to administer IDA funds.

The State Treasurer may select fiduciary organizations to manage state IDA funds, considering:

1. Implementation and Administration Ability:
   • Verifying account holder eligibility.
   • Certifying fund use for authorized purposes.
   • Exercising fiscal accountability, assessing organizational capacity.
2. Matching Funds Capacity: Ability to provide or raise matching funds, evaluating fundraising potential.
3. Account Holder Support Capacity: Capacity to provide support and assistance to increase financial independence, assessing support service capabilities.
4. Connections to Related Programs: Links to programs enhancing financial independence through:
   • Education and training.
   • Home ownership.
   • Small business development, evaluating network and partnership strength.

NRS 422A.497: Fiduciary Organization Responsibilities

This section details the responsibilities and authorized activities of fiduciary organizations.

1. Responsibilities and Authority: Fiduciary organizations have authority and responsibility for IDA administration, subject to State Treasurer regulations and Council oversight, encompassing:
   • Marketing to potential participants.
   • Soliciting additional matching funds and notifying the State Treasurer.
   • Mentoring/counseling account holders.
   • Providing financial literacy instruction.
   • Ensuring account holder compliance with IDA rules and regulations.
2. Program Guidelines: Fiduciary organizations may establish guidelines to ensure account holder compliance with NRS 422A.493 and 422A.494, enabling operational rule-setting.
3. Partnerships: Fiduciary organizations may partner with businesses, government agencies, nonprofits, community development corporations, housing authorities, and charitable/religious groups to fulfill responsibilities, promoting collaborative approaches.
4. Annual Report: Fiduciary organizations must prepare an annual report by February 15 detailing:
   • Number of IDAs administered.
   • Deposits and matching deposits per IDA.
   • Purpose of each IDA.
   • Number of withdrawals per IDA.
   • Other relevant information for the State Treasurer, ensuring reporting and accountability.
5. Regulations: The State Treasurer may adopt regulations for NRS 422A.487-422A.497, including fees charged by fiduciary organizations, allowing for detailed program governance and fee oversight.

Program to Provide Temporary Assistance for Needy Families

This part of Chapter 422A specifically addresses the Temporary Assistance for Needy Families (TANF) program in Nevada.

NRS 422A.500: Definitions for TANF Program

This section defines terms specific to the Temporary Assistance for Needy Families (TANF) program.

NRS 422A.505-422A.520 define terms used in NRS 422A.500-422A.600, establishing a common vocabulary for the TANF program.

NRS 422A.505: Benefit Defined (TANF)

“Benefit” in the TANF context refers to any benefit provided by the Division under the TANF program.

“Benefit” means any benefit provided by the Division under the Temporary Assistance for Needy Families (TANF) program, defining program outputs.

NRS 422A.510: Head of Household Defined (TANF)

“Head of household” refers to the TANF recipient responsible for program compliance.

“Head of household” means a TANF household member who receives benefits on behalf of the household and is responsible for complying with the personal responsibility plan (NRS 422A.535) and cooperation agreement (NRS 422A.540), designating responsibility within recipient households.

NRS 422A.515: Household Defined (TANF)

“Household” in the TANF context defines the family unit receiving assistance.

“Household” means persons who:

1. Live in the same home or dwelling.
2. Are related by blood, adoption, or marriage.
3. Are mutually dependent for basic necessities, defining the TANF recipient unit.

NRS 422A.520: Program Defined (TANF)

“Program” in this section refers specifically to the Temporary Assistance for Needy Families program.

“Program” means the program established to provide Temporary Assistance for Needy Families (TANF), providing a concise term for program references.

NRS 422A.525: Administrator Powers and Duties (TANF)

The Administrator has specific powers and duties related to the TANF program.

The Administrator:

1. Regulations: Must adopt regulations for TANF program administration, setting operational rules.
2. Contracts: May contract with state or private agencies to provide TANF services, enabling service delivery partnerships.
3. Grants: May receive federal or other grants to fund TANF program costs, diversifying funding sources.

NRS 422A.530: Applicant Household Assessment (TANF)

Assessment of applicant household members is required before TANF benefits are provided.

1. Skills and Employability Assessment: The Division must assess the skills, prior work experience, and employability of each applicant household member, evaluating household capabilities.
2. Service Needs Evaluation: The assessment must evaluate if household members need additional services like job training, child care, substance use disorder treatment, mental health services, etc., identifying support needs.
3. Cooperation Requirement: Applicants must cooperate with the Division in the assessment as a condition of receiving benefits, mandating applicant participation.
4. Mental Health Referral: If the assessment indicates potential mental health service needs, the Division must refer the member to a qualified mental health professional (defined in NRS 433.209), ensuring access to mental health care.
5. Qualified Professional Definition: “Person professionally qualified in the field of psychiatric mental health” is defined as in NRS 433.209, referencing the state’s mental health professional standards.

NRS 422A.535: Personal Responsibility Plan (TANF)

A personal responsibility plan is required for each TANF household.

1. Plan Establishment: The Division must establish a written personal responsibility plan with each TANF applicant head of household, based on the assessment (NRS 422A.530) and 42 U.S.C. 608, creating individualized plans.
2. Plan Contents: In addition to 42 U.S.C. 608 requirements, the plan must:
   • Identify each household member’s role and obligations.
   • Be signed by the head of household within 60 days of benefit eligibility.
   • Specify an expiration date no later than 24 months after effectiveness, defining plan parameters.
3. Plan Review and Amendment: The Division must periodically review the plan to assess changing household needs and may amend it with the head of household’s participation, allowing for plan updates.
4. Unmarried Minor Parent Provision: For unmarried parents under 18 in the household, the plan must:
   • Require training in child care skills.
   • Encourage participation in mentorship programs for minor parents, providing targeted support for young parents.

NRS 422A.538: Child-Only Assistance for Fictive Kin (TANF)

This section allows for child-only TANF assistance for children placed with fictive kin.

1. Child-Only Assistance: The Director must include provisions in the State TANF Plan (NRS 422A.260) for child-only assistance payments to fictive kin caring for children under NRS Chapter 432B, if eligibility conditions are met, expanding assistance options for children in kinship care.
2. Fictive Kin Definition: “Fictive kin” means someone not blood-related but with a significant emotional relationship with the child, clarifying kinship care relationships.

NRS 422A.540: Cooperation Agreement (TANF)

A cooperation agreement is required as a condition of TANF benefit receipt.

1. Agreement Requirement: The Administrator must establish by regulation a cooperation agreement that TANF heads of household must sign as a condition of benefit receipt, formalizing recipient responsibilities.
2. Agreement Contents: The agreement must state:
   • Actions household members must take as a condition of benefits.
   • Penalties under NRS 422A.560 for non-compliance with the agreement or personal responsibility plan, outlining expectations and consequences.

NRS 422A.545: Application Processing Time (TANF)

The Division has a specific timeframe for acting on TANF applications.

Within 45 days of a TANF application, the Division must:

1. Approve the application and begin providing benefits, OR
2. Deny benefits, ensuring timely application processing.

NRS 422A.550: Work Requirement for Head of Household (TANF)

TANF heads of household are generally required to perform work.

1. Work Requirement: Subject to 42 U.S.C. 607(e), the Division must require each head of household not suffering from a hardship (NRS 422A.570(7)) to perform work:
   • Reasonably soon after the Division deems them capable of work, OR
   • No later than 24 months of benefit receipt (cumulative or consecutive), whichever is earlier, mandating work participation.
2. Non-compliance Penalties: Heads of household not meeting the work requirement:
   • Are deemed non-compliant with their personal responsibility plan (NRS 422A.535).
   • Are subject to penalties under NRS 422A.560, linking work requirement to TANF compliance.
3. Definition of Work: The Administrator must regulate activities constituting “work” for this section, clarifying acceptable work activities.

NRS 422A.555: Job Training Exemption (TANF)

TANF heads of household may be exempt from job training requirements under certain conditions.

1. Exemption Grounds: If a personal responsibility plan requires job training, the Division may exempt the head of household if:
   • They are:
     1. Ill or incapacitated.
     2. Caring for an ill/incapacitated household member.
     3. Receiving/awaiting SSI.
     4. Single custodial parent of a child under 1 year old.
     5. Not a benefit recipient but receive benefits for a dependent.
     6. Age 60+, child caretaker, and relative (non-parent) of the child.
     7. Pregnant and deemed unable to work by a physician.
   • Or, there is other good cause, providing various exemption criteria.
2. Child Under 1 Exemption Limit: The exemption for single parents of children under 1 is limited to 12 lifetime months, cumulative or consecutive, limiting duration of this specific exemption.
3. Federal Compliance: Exemptions must not violate federal law or conditions for federal funding, ensuring state practices align with federal rules.

NRS 422A.560: Non-Compliance Penalties (TANF)

Penalties for non-compliance with TANF requirements are outlined.

1. Notification and Penalty Schedule: Except as otherwise provided:
   • If the Division finds non-compliance with the personal responsibility plan (NRS 422A.535) or cooperation agreement (NRS 422A.540), it must notify the head of household. If non-compliance continues 30 days after notification, benefits will be reduced.
   • The Division must regulate a progressive penalty schedule for benefit reduction/termination due to non-compliance, establishing a structured penalty system.
2. Federal Compliance: Penalties must not violate federal law or conditions for federal funding, ensuring penalty structures are federally compliant.

NRS 422A.565: Federal Benefit Prohibitions (TANF)

The Division must comply with federal prohibitions on TANF benefit receipt.

The Division must not provide TANF benefits to anyone federally prohibited from receiving them under 42 U.S.C. 608(a), ensuring adherence to federal eligibility restrictions.

NRS 422A.570: Benefit Time Limits (TANF)

Limitations on the duration of TANF benefit receipt are specified.

1. 24-Month Limit: Households receiving TANF for 24 months (cumulative or consecutive) are ineligible for further benefits for 12 months unless the head of household faces hardship, setting a basic time limit.
2. 6-Month Extension: Households may receive up to 6 additional months of benefits if the Administrator determines it will significantly increase self-sufficiency and future benefit independence. After any extension, a 12-month ineligibility period applies unless hardship exists, allowing for limited extensions under specific conditions.
3. 60-Month Lifetime Limit: Households where an adult member has received TANF in any state for 60 months (cumulative or consecutive) are ineligible unless hardship exists, setting a lifetime limit.
4. Hardship Exception: Households receiving benefits beyond time limits due to hardship (except NRS 422A.570(7)(c) hardship) may continue as long as hardship persists. Upon hardship cessation:
   • 12-month ineligibility if total benefits are under 60 months, OR
   • Lifetime ineligibility if total benefits are 60+ months, unless hardship recurs, defining hardship-related exceptions and post-hardship ineligibility.
5. Child Under 1 Hardship Limit: Hardship based solely on being a single parent of a child under 1 (NRS 422A.570(7)(c)) is limited to 12 lifetime months, capping duration for this specific hardship.
6. Emergency Benefit Suspension: If the Administrator determines benefit denial/suspension for hardship cases is needed to comply with federal limits (42 U.S.C. 608(a)(7)(C)), they may do so, providing emergency control measures. Affected households must receive written notice.
7. Hardship Definition: “Hardship” is defined as when the head of household:
   • Is ill or incapacitated (physically or mentally).
   • Must care for an ill/incapacitated household member.
   • Is a single custodial parent of a child under 1 year old.
   • Is not a recipient but receives benefits for a dependent.
   • Is an unmarried parent under 18 complying with 42 U.S.C. 608(a)(4)/(5).
   • Is age 60+, child caretaker, and relative (non-parent) of the child.
   • Faces other conditions deemed a hardship by the Administrator, providing a broad range of hardship criteria.

NRS 422A.575: Transitional Assistance (TANF)

Transitional assistance may be provided to TANF recipients becoming ineligible.

1. Transitional Assistance Provision: If a personal responsibility plan includes transitional assistance, the Division may provide it when a household becomes TANF-ineligible due to reasons in 42 U.S.C. 608(a)(11). Assistance is limited to 12 consecutive months, providing support during transition off TANF.
2. Transitional Assistance Types: “Transitional assistance” includes:
   • Child care cost assistance for low-income families.
   • Medicaid under the plan administered per NRS 422.063, defining types of transitional support.

NRS 422A.580: Payment of Certain Expenses (TANF)

Short-term expense payments may be provided to TANF applicants not needing long-term benefits.

1. Short-Term Expense Payment: The Division may pay certain expenses for TANF applicants if it determines they do not need long-term benefits, within available funding limits, offering short-term aid instead of ongoing assistance.
2. Expense Specification: If expenses are paid, the Division must specify which expenses are eligible for payment, controlling the scope of short-term aid.

NRS 422A.585: Self-Sufficiency Program for Parents (TANF)

A program to promote self-sufficiency among certain parents is established.

1. Self-Sufficiency Program: The Division must establish a program to promote self-sufficiency for:
   • Natural fathers with presumed paternity (NRS 126.051).
   • Non-custodial parents of children receiving TANF, within available funding, targeting parental self-sufficiency promotion.
2. Benefit Increase Incentive: If these fathers/non-custodial parents participate, the Division may increase TANF benefits to the child’s household, incentivizing parental program participation.

NRS 422A.590: Employment Opportunity Encouragement (TANF)

The Division is tasked with encouraging employment opportunities for TANF recipients.

The Division, through regional offices, must encourage public and private entities to provide employment opportunities for TANF households, fostering job creation and placement for recipients.

NRS 422A.595: Child Support Enforcement Against Grandparents (TANF)

In specific cases, child support orders can be enforced against the parents of non-custodial parents.

1. Enforcement Against Grandparents: The Chief of the Program for the Enforcement of Child Support or designee may enforce child support orders against the parents of a non-custodial parent if:
   • Both custodial and non-custodial parents are under 18.
   • The custodial parent’s household receives TANF benefits, targeting grandparent liability in specific youth parent situations.
2. Joint and Several Liability: If enforced, the grandparents are jointly and severally liable for support payments, establishing shared financial responsibility.

NRS 422A.600: Domestic Violence Waiver (TANF)

TANF requirements may be waived for domestic violence victims.

If the Division determines that a TANF head of household is a domestic violence victim (NRS 422A.350) and that TANF requirements may endanger their physical safety, the Division may waive those requirements for an appropriate period, prioritizing victim safety over program rules.

Program to Provide Health Insurance for Children

This part of Chapter 422A establishes a program to provide health insurance for children through donations.

NRS 422A.620: Program Establishment and Duties

The Director has duties to establish and administer a health insurance program for children.

1. Program Establishment: The Director must establish and administer a program allowing people to donate money to provide health insurance for children whose parents/guardians cannot afford it, creating a donation-based health insurance initiative.
2. Regulations: The Director must regulate:
   • Eligibility standards for child enrollment.
   • Required benefits in the health insurance policy, setting program parameters.
3. Additional Regulations: The Director may adopt other regulations needed for program administration, allowing for operational rule-making.

NRS 422A.625: Gifts and Grants for Children’s Health Insurance

The Director is authorized to accept gifts and grants for the Children’s Health Insurance Program.

1. Gift and Grant Acceptance: The Director may accept gifts or grants to establish the program required by NRS 422A.620, enabling program funding through donations.
2. Account for Health Insurance for Children: Funds received must be deposited into the Account for Health Insurance for Children in the State General Fund. Interest and income earned, net of charges, are credited to the Account and must only be used for this program, dedicating funds to the intended purpose.

Program for Child Care and Development

This part of Chapter 422A outlines requirements for the Program for Child Care and Development.

NRS 422A.630: Program Requirements and Reporting

This section specifies requirements for the Program for Child Care and Development and biennial reporting.

1. State Plan Measures: To the extent allowed by federal law, the Director must include in the state plan for the Program for Child Care and Development (42 U.S.C. 9858c):
   • Measures to increase child care availability for children with disabilities, possibly including:
     1. Enhanced reimbursement rates for providers trained in disability care.
     2. Economic incentives for such child care.
     3. Supplemental services to increase disability child care access, promoting inclusive child care.
   • Requirement to reimburse a portion of child care costs for parents:
     1. Enrolled in postsecondary degree/certificate programs at eligible institutions.
     2. Otherwise program-eligible, within funding limits, supporting parents in education/training.
2. Biennial Report to Legislature: By April of each even-numbered year, the Director must report to the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Health and Human Services and the Joint Interim Standing Committee on the Judiciary, including:
   • Description of measures in the state plan per subsection 1(a).
   • Data on reimbursement usage per subsection 1(b), ensuring legislative oversight and program evaluation.
3. Definitions:
   • “Eligible institution” is defined in NRS 396.916.
   • “Postsecondary educational institution” is defined in NRS 394.099, referencing existing state definitions.

Program to Assist Relatives Who Have Legal Guardianship of Children

This part of Chapter 422A establishes a program to support relatives who become legal guardians of children.

NRS 422A.650: Program for Relatives as Guardians

This section establishes a program to assist relatives who become legal guardians of children.

1. Program Establishment: The Department must establish and administer a program to support qualifying relatives who provide care for and obtain legal guardianship of children, creating a kinship guardianship support program.
2. Eligibility Conditions: To receive support:
   • Child: Must:
     1. Have been in the qualifying relative’s care for at least 6 months.
     2. If 14+, consent to legal guardianship.
   • Qualifying Relative: Must:
     1. Reside in Nevada.
     2. Be of minimum age set by Department regulation.
     3. Verify relationship to the child.
     4. File for and obtain court-approved legal guardianship and meet court requirements, setting eligibility criteria for both child and guardian.
3. Supportive Assistance: Within funding limits, assistance includes:
   • Reimbursement for legal fees to establish guardianship.
   • Payments up to foster care payment amounts.
   • Assistance with:
     1. Child care.
     2. Respite care.
     3. Transportation.
   • Other assistance deemed appropriate by the Department, providing various support types.
4. Regulations: The Department must adopt regulations to implement this section, enabling program operationalization.
5. Qualifying Relative Definition: “Qualifying relative” is defined per 45 C.F.R. 233.90(c)(1)(v)(A), referencing federal kinship care definitions.

Program to Increase Availability of Diapers and Diapering Supplies to Low-Income Families

This part of Chapter 422A focuses on increasing access to diapers for low-income families.

NRS 422A.660: Committee on Diaper Availability

A committee is to be appointed to research and recommend ways to increase diaper availability.

1. Committee Appointment: The Director must appoint a committee to research opportunities to increase diaper/diapering supply availability to public assistance recipients and other low-income families, addressing diaper need. Research areas include:
   • Using federal funds from public assistance or other Department programs.
   • Obtaining donations (money, diapers, supplies, in-kind, private foundations, manufacturers, etc.), exploring various funding and donation avenues.
2. Committee Membership: The committee must include representatives from:
   • The Department with program knowledge (smoking cessation, prenatal care, infant/child healthcare follow-up).
   • Nevada organizations providing diaper services to low-income families (diaper banks, advocacy/referral organizations), ensuring relevant expertise.
3. Annual Report to Director: The committee must report research results to the Director by June 30 annually. If opportunities are identified, the Director may act, including applying for federal waivers, ensuring action based on research.
4. Legislative Report: The Director must report research results, actions taken, and legislative recommendations to the Legislature by September 30 of each even-numbered year, providing legislative updates and recommendations.

NRS 422A.670: Collaboration with Nonprofits for Diaper Awareness

The Director is required to collaborate with diaper banks and nonprofits to increase awareness of diaper availability.

1. Nonprofit Collaboration: The Director must collaborate with Nevada diaper banks and similar nonprofits providing diapers at no/reduced cost to ensure public assistance recipients and low-income families know about these organizations, locations, and services, enhancing awareness of diaper resources.
2. Information Dissemination: The Director must post this information on the Department’s website and include it in materials for public assistance recipients and low-income families when possible, maximizing information reach.

NRS 422A.675: Diapering Resources Account

A dedicated Diapering Resources Account is created to manage funds for diaper provision.

1. Account Creation: The Diapering Resources Account is created in the State General Fund, administered by the Administrator of the Division of Public and Behavioral Health, establishing a dedicated fund.
2. Account Use: Funds must be used to provide diapers and diapering supplies to public assistance recipients and low-income families. The State Board of Health, on committee recommendation (NRS 422A.660), must regulate:
   • Eligibility criteria for assistance.
   • Procedures for fund distribution, setting program guidelines.
3. Donations and Grants: The Administrator may seek and accept gifts, donations, bequests, grants, etc., for this purpose, depositing them into the Account, diversifying funding.
4. Interest Crediting: Interest and income earned on donations/bequests are credited to the Account, increasing available funds.
5. Fund Rollover: Account funds do not revert at fiscal year-end and carry forward, ensuring fund continuity.
6. Annual Report: By December 31 annually, the Division must:
   • Report on fund distribution, recipients, and fund use.
   • Submit the report to the Legislative Counsel Bureau for transmittal to the Interim Finance Committee (odd years) or the Legislature (even years), ensuring accountability and legislative review.

Nevada Housing Crisis Response System

This part of Chapter 422A establishes the Nevada Housing Crisis Response System to address homelessness.

NRS 422A.680: System Establishment and Requirements

The Nevada Housing Crisis Response System is established with specific requirements.

1. System Establishment: To the extent funded, the Department must establish and administer the Nevada Housing Crisis Response System, creating a state-level crisis response system.
2. System Requirements: The System must:
   • Coordinate Agencies: Coordinate with social service agencies, local governments, and nonprofits to quickly identify, assess, refer, and connect persons in crisis to housing, assistance, and services (emergency, interim, permanent housing, etc.), ensuring coordinated crisis response.
   • 24/7 Crisis Response System: Provide and operate a 24/7 crisis response system for identification, assessment, referral, and connection to housing/services, ensuring constant accessibility.
   • Education and Information: Provide education/information on accessing and using the 24/7 crisis response system, promoting system awareness and utilization.
   • Homelessness Prevention: Develop prevention assistance programs for transient individuals or those at imminent homelessness risk to:
     1. Preserve current housing.
     2. Identify alternative housing.
     3. Immediately find housing for unsafe housing situations, and for homeless persons to find housing, emphasizing prevention and rapid re-housing.
   • DMV Collaboration: Collaborate with the Department of Motor Vehicles to assist persons in crisis applying for identification cards (NRS 483.810-483.890), facilitating access to IDs.
3. System Actions: The System may take other actions to:
   • Assist persons in crisis.
   • Help prevent or address homelessness, broadly enabling crisis response and prevention efforts.
4. Regulations: The Department may regulate NRS 422A.680 and 422A.690 implementation, including requiring entities receiving Department funds to participate in the System, enabling program rule-setting and participation mandates.
5. Person in Crisis Definition: “Person in crisis” means someone transient, at imminent homelessness risk, or homeless, defining the target population.

NRS 422A.690: Gifts and Grants for Housing Crisis Response

The Director is authorized to solicit and accept donations to support the Housing Crisis Response System.

1. Donation Solicitation: The Director may solicit and accept gifts, grants, contributions, etc., from public/private sources to implement NRS 422A.680, diversifying funding.
2. Separate Account: Funds received must be separately accounted for in the State General Fund, not reverting at fiscal year-end, ensuring dedicated fund management and continuity.

NRS 422A.695: Report to Legislature on Homelessness Prevention

An annual report on homelessness prevention activities is required to be submitted to the Legislature.

By January 31 annually, the Department must report to the Legislative Counsel Bureau for transmittal to the Legislature on homelessness prevention activities/services, including:

1. Activities/services of the Nevada Housing Crisis Response System (NRS 422A.680).
2. Other Department/Division homelessness prevention activities/services.
3. Homelessness prevention activities/services by other state/local entities, nonprofits, etc., providing a comprehensive overview of state homelessness prevention efforts.

Temporary Mailing Address for Persons in Crisis

This part of Chapter 422A allows persons in crisis to use a temporary mailing address.

NRS 422A.696: Definitions for Temporary Mailing Address

This section defines terms related to temporary mailing addresses for persons in crisis.

NRS 422A.6962-422A.6968 define terms used in NRS 422A.696-422A.6972, establishing a consistent vocabulary for temporary mailing address provisions.

NRS 422A.6962: Nevada Resident Defined

“Nevada resident” is defined for the purpose of temporary mailing address eligibility.

“Nevada resident” means someone who has:

1. Actually resided in Nevada for at least 6 months, OR
2. Holds a valid Nevada driver’s license or ID card (non-seasonal resident type), defining residency criteria.

NRS 422A.6964: Person Experiencing Homelessness Defined

“Person experiencing homelessness” is defined broadly, encompassing various states of housing instability.

“Person experiencing homelessness” means someone transient, at imminent homelessness risk, or homeless, mirroring the definition in NRS 422A.680.

NRS 422A.6966: Provider of Homeless Services Defined

“Provider of homeless services” is defined, outlining organizational criteria.

“Provider of homeless services” means an organization that:

1. Is a governmental entity or IRC 501(c)(3) tax-exempt nonprofit.
2. Operates in Nevada.
3. Primarily serves persons experiencing homelessness, specifying organizational type and focus.

NRS 422A.6968: Temporary Mailing Address Defined

“Temporary mailing address” is defined as an address authorized for use by persons experiencing homelessness.

“Temporary mailing address” means a mailing address authorized for use by persons experiencing homelessness under NRS 422A.697, providing a concise term.

NRS 422A.697: Authorization for Temporary Mailing Address

This section authorizes certain persons to use a homeless service provider’s address as a temporary mailing address.

1. Authorization by Provider: A homeless service provider may authorize someone to use its address as a temporary mailing address for up to 180 days if the person is:
   • Nevada resident or intending to reside in Nevada for at least 6 months.
   • In crisis.
   • Receiving services from the provider, setting authorization conditions.
2. Purposes of Temporary Address: Persons experiencing homelessness may use a temporary mailing address to:
   • Apply for public assistance.
   • Enroll family in school/public education.
   • Enroll in Nevada System of Higher Education institutions.
   • Obtain permanent/temporary housing (supportive housing, etc.).
   • Seek/retain employment.
   • Facilitate other purposes prescribed by the Division Administrator, enabling address use for various needs.
3. Notification to Division: Providers authorizing temporary addresses must notify the Division within 30 days, ensuring record-keeping.
4. Publication of Provider List: Within legislative appropriations, the Division must publish a list of providers authorizing temporary mailing addresses on its website, increasing public awareness of participating providers.
5. Voting Rights: This section does not prohibit persons actually residing at a homeless service provider from using that address for voter registration or receiving voting materials, protecting voting rights.

NRS 422A.6972: Regulations for Temporary Mailing Address

The Administrator is authorized to adopt regulations for the temporary mailing address provisions.

The Administrator may adopt regulations to implement NRS 422A.696-422A.6972, enabling operational rule-making.

Unlawful Acts; Penalties

This final part of Chapter 422A outlines unlawful acts and penalties associated with welfare and supportive services.

NRS 422A.700: Fraudulent Acts and Penalties

This section specifies penalties for fraudulent acts related to obtaining public assistance.

1. Felony Fraud: Unless different penalties are in NRS 422.361-422.369 or 422.450-422.590, anyone knowingly and designedly obtaining or attempting to obtain $100+ value of monetary or other public assistance, or Children’s Health Insurance Program services, via false pretenses, statements, impersonation, or misrepresentation, intending to cheat/defraud, is guilty of a category E felony. Penalties include those in NRS 193.130 and mandatory restitution, criminalizing significant welfare fraud.
2. TANF Overpayment Presumption: For TANF recipients receiving a third overpayment due to false statements/failures to report changes affecting assistance, a rebuttable presumption of fraudulent receipt arises, simplifying proof of fraud in repeat overpayment cases.
3. Public Assistance Scope: “Public assistance” includes money, property, medical/remedial care, or services under a state plan, broadly defining assistance subject to fraud penalties.