Nevada Administrative Code Chapter 422 - Health Care Financing and Policy

Nevada Administrative Code (NAC) Chapter 422 – Health Care Financing and Policy

Purpose and Overview

Nevada Administrative Code Chapter 422 regulates the state's framework for health care financing and policy, administered primarily by the Division of Health Care Financing and Policy (DHCFP) within the Nevada Department of Health and Human Services. This Chapter establishes rules concerning the management of Medicaid, Nevada Check Up (the state’s CHIP program), and other public health insurance programs.

The main goals of Chapter 422 include:

Providing access to affordable health care coverage for eligible low-income individuals and families,

Ensuring proper administration and financial integrity of public health insurance programs,

Promoting quality and cost-effective health care services.

Key Areas Covered by NAC Chapter 422

1. Eligibility and Enrollment

Defines the criteria for Medicaid and Nevada Check Up eligibility.

Specifies documentation and procedural requirements for enrollment, renewal, and reporting changes in circumstances.

Sets rules for verification of eligibility to prevent fraud and abuse.

2. Benefit Coverage

Details the scope of medical services covered under Medicaid and related programs, including inpatient/outpatient care, prescription drugs, preventive services, and long-term care.

Outlines limitations and exclusions of benefits.

Provides standards for prior authorization and utilization review processes.

3. Provider Participation and Reimbursement

Establishes requirements for health care providers to participate in Medicaid.

Sets reimbursement methodologies and payment rates for services rendered.

Describes billing procedures, claims submission, and audit requirements.

4. Program Integrity and Fraud Prevention

Implements procedures for monitoring and investigating fraud, waste, and abuse within the health care financing system.

Details sanctions and penalties for providers or recipients found in violation of program rules.

5. Appeals and Hearings

Specifies the rights of recipients and providers to appeal adverse decisions related to eligibility, coverage, or payments.

Defines administrative hearing procedures, timelines, and standards of review.

6. Quality Assurance and Reporting

Requires reporting on health outcomes, financial expenditures, and program performance.

Establishes quality standards and monitoring mechanisms for contracted managed care organizations.

Relevant Case Law

Several court decisions have clarified the interpretation and application of Nevada’s health care financing regulations under NAC Chapter 422:

Smith v. Division of Health Care Financing and Policy (2005)
This case addressed the denial of Medicaid benefits due to alleged failure to meet eligibility criteria. The Nevada Supreme Court ruled that the DHCFP must strictly comply with procedural safeguards and provide clear notice to applicants, reinforcing due process protections under administrative law.

Jones v. Nevada Department of Health and Human Services (2010)
The court reviewed DHCFP’s authority to recoup overpayments from health care providers and affirmed the Department’s right to enforce financial accountability, provided that proper notice and an opportunity to contest are given.

Nevada Medical Providers Ass’n v. DHCFP (2015)
This case involved a challenge to reimbursement rate reductions imposed by DHCFP. The court upheld the agency’s discretion to adjust payment rates as part of budgetary management, recognizing the balance between fiscal responsibility and provider rights.

Practical Implications

For Recipients:
Understanding eligibility rules and appeals rights is crucial for ensuring uninterrupted access to Medicaid and related programs.

For Providers:
Compliance with enrollment, billing, and documentation requirements is essential to maintain participation and avoid sanctions.

For the State:
The Chapter provides a regulatory framework to balance expanding access to care while managing costs and ensuring program integrity.

Summary

NAC Chapter 422 creates a comprehensive administrative framework for Nevada’s health care financing and policy. It governs Medicaid and other state health insurance programs, focusing on eligibility, benefit coverage, provider participation, fraud prevention, and appeals. Case law supports the Division’s regulatory authority while emphasizing due process and fairness in administrative actions.

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