Nevada § 422.27248 - Application for federal waiver authorizing Department to receive federal funding for coverage for certain treatment for person in institution for mental diseases

§ 422.27248. Application for federal waiver authorizing Department to receive federal funding for coverage for certain treatment for person in institution for mental diseases

1. The Department shall apply to the Secretary of Health and Human Services for a

waiver granted pursuant to 42 U.S.C. § 1315 that authorizes the Department to receive federal funding to provide coverage under

Medicaid for the treatment of the substance use disorder of a person who is in an

institution for mental diseases. 2. The Department may apply to the Secretary of Health and Human Services for a waiver

granted pursuant to 42 U.S.C. § 1315 that authorizes the Department to receive federal funding to provide coverage under

Medicaid for the treatment of an adult with a serious mental illness or a child with

a serious emotional disturbance in an institution for mental diseases. 3. The Department shall cooperate with the Federal Government in obtaining: (a) A waiver pursuant to subsection 1; and (b) Any waiver for which the Department applies pursuant to subsection 2. 4. As used in this section: (a) “ Adult with a serious mental illness ” means a person who is at least 18 years of age and has been diagnosed within the

immediately preceding 12 months as having a mental, behavioral or emotional disorder

as defined in the most recent version of the Diagnostic and Statistical Manual of

Mental Disorders published by the American Psychiatric Association, other than an

addictive disorder, intellectual or developmental disability, irreversible dementia

or a substance use disorder, which interferes with or limits one or more major life

activities of the person. (b) “ Child with a serious emotional disturbance ” means a person who is less than 18 years of age and has been diagnosed within the

immediately preceding 12 months as having a mental, behavioral or emotional disorder

as defined in the most recent version of the Diagnostic and Statistical Manual of

Mental Disorders published by the American Psychiatric Association, other than a disorder

designated as a Code V disorder in the Manual, a developmental disability or a substance

use disorder, which substantially interferes with or limits the person from developing

social, behavioral, cognitive, communicative or adaptive skills or his or her activities

relating to family, school or community. The term does not include a person with a disorder which is temporary or is an expected

response to a stressful event. (c) “ Developmental disability ” has the meaning ascribed to it in NRS 435.007 . (d) “ Institution for mental diseases ” has the meaning ascribed to it in 42 U.S.C. § 1396d(i) . (e) “ Intellectual disability ” has the meaning ascribed to it in NRS 435.007 .