Nevada § 425.360 - Debt for support: Payment of public assistance creates debt; amount; Division entitled to reimbursement; conditions under which debt not incurred; provision of information concerning health insurance coverage of dependent children

§ 425.360. Debt for support: Payment of public assistance creates debt; amount; Division entitled to reimbursement; conditions under which debt not incurred; provision of information concerning health insurance coverage of dependent children

1. Any payment of public assistance pursuant to this chapter creates a debt for support

to the Division by the responsible parent, whether or not the parent received prior

notice that the child of the parent was receiving public assistance. 2. The Division is entitled to the amount to which a dependent child or a person having

the care, custody and control of a dependent child would have been entitled for support,

to the extent of the assignment of those rights to support pursuant to NRS 425.350 , and may prosecute or maintain any action for support or execute any administrative

remedy existing under the laws of this State to obtain reimbursement of money expended

for public assistance from any liable third party, including an insurer, group health

plan as defined in section 607(1) of the Employee Retirement Income Security Act of

1974, 29 U.S.C.A. § 1167(1) , service benefit plan, self-insured plan or health maintenance organization. If a court enters judgment for an amount of support to be paid by a responsible

parent, the Division is entitled to the amount of the debt created by that judgment

to the extent of the assignment of rights to support pursuant to NRS 425.350 , and the judgment awarded shall be deemed to be in favor of the Division to that

extent. This entitlement applies to, but is not limited to, a temporary order for spousal

support, a family maintenance order or an alimony order, whether or not allocated

to the benefit of the child on the basis of providing necessaries for the caretaker

of the child, up to the amount paid by the Division in public assistance to or for

the benefit of a dependent child. The Division may petition the appropriate court for modification of its order on

the same grounds as a party to the action. 3. If there is no court order for support, or if the order provides that no support

is due but the facts on which the order was based have changed, the amount due is

the amount computed pursuant to the guidelines established by the Administrator pursuant

to NRS 425.620 , using the Nevada average wage, determined by the Employment Security Division of

the Department of Employment, Training and Rehabilitation, if the gross income of

the responsible parent cannot be otherwise ascertained. 4. Debts for support may not be incurred by a parent or any other person who is the

recipient of public assistance for the benefit of a dependent child for the period

when the parent or other person is a recipient. 5. If a state agency is assigned any rights of a dependent child or a person having

the care, custody and control of a dependent child who is eligible for medical assistance

under Medicaid, the person having the care, custody and control of the dependent child

shall, upon request of the state agency, provide to the state agency information regarding

the dependent child or a person having the care, custody and control of a dependent

child to determine: (a) Any period during which the dependent child or a person having the care, custody

and control of a dependent child may be or may have been covered by an insurer; and (b) The nature of any coverage that is or was provided by the insurer, including,

without limitation, the name and address of the insured dependent child or a person

having the care, custody and control of a dependent child and the identifying number

of the policy, evidence of coverage or contract.