Existing law creates the Department of Native American Affairs, which consists of the Executive Director, the Nevada Indian Commission and the Stewart Indian School Cultural Center and Museum. (NRS 233A.1003) Section 5 of this bill creates the Tribal Health Authority Council and establishes the membership of the Council. Section 4 of this bill defines the term “Council” to refer to the Council for the purposes of sections 4-9 of this bill. Section 6 of this bill: (1) establishes certain requirements governing the operation of the Council; (2) authorizes a member of the Council to participate through a remote technology system; and (3) provides for the election of the officers of the Council. Section 7 authorizes the Executive Director to appoint a Coordinator of the Council. Section 7 also requires the Department to provide any additional personnel, facilities, equipment and supplies to the Council. Section 8 of this bill prescribes the duties of the Council, which include adopting and periodically updating a plan to increase access to health care and address and eliminate barriers to health care for American Indians in this State. Section 1.5 of this bill authorizes the Council to request the drafting of not more than 2 legislative measures which relate to matters within the scope of the Council. Section 1.8 of this bill subjects those requests to certain provisions that apply to requests for the drafting of legislation that are submitted by nonlegislative requesters. Section 9 of this bill creates the Account for Tribal Health to fund the activities of the Council. Section 11 of this bill requires the Director of the Department of Health and Human Services to collaborate with the Council to develop a proposal to establish a program to reinvest certain federal funds received by this State under the Medicaid program. Existing law requires the Department of Health and Human Services to administer Medicaid. (NRS 422.270) Additionally, existing federal law requires the Secretary of Health and Human Services to encourage enrollment of American Indians in Medicaid. (42 U.S.C. § 1320b-9) To the extent authorized by federal law, section 1 of this bill authorizes an Indian tribe to determine whether a person is presumptively eligible to receive benefits under Medicaid. Section 1 requires the Department to apply for any waiver of federal law or apply for any amendment to the State Plan for Medicaid to authorize an Indian tribe to make such determinations. Section 1 additionally requires the Department to provide to each Indian tribe that determines presumptive eligibility the resources, training and technical assistance necessary for the Indian tribe to accurately and effectively determine if a person is presumptively eligible to receive benefits under Medicaid. Section 2 of this bill makes a conforming change to indicate that the provisions of section 1 will be administered in the same manner as the provisions of existing law governing Medicaid.

Statutes affected:
As Introduced: 232.320
Reprint 1: 218D.100, 232.320
Reprint 2: 218D.100, 232.320
As Enrolled: 218D.100, 232.320
BDR: 232.320