NRS 422.27486: Medicaid: Indian tribe authorized to determine presumptive eligibility of persons for Medicaid; application for waiver or amendment; provision of certain resources, training and technical assistance.

1. To the extent authorized by federal law, an Indian tribe may determine whether a person is presumptively eligible to receive benefits under Medicaid.

2. The Authority shall:

(a) Apply to the Secretary of Health and Human Services for any waiver of federal law or apply for any amendment of the State Plan for Medicaid that is necessary to carry out the provisions of subsection 1; and

(b) Fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver or amendment pursuant to paragraph (a).

3. The Authority shall provide to each Indian tribe that determines presumptive eligibility pursuant to subsection 1 the resources, training and technical assistance necessary for the Indian tribe to accurately and effectively determine whether a person is presumptively eligible for benefits under Medicaid, including, without limitation, by:

(a) Developing and providing training to the representatives of the Indian tribe who are involved in determinations of presumptive eligibility, including, without limitation, through the distribution of training materials and conducting virtual and in-person training;

(b) Providing technical assistance and support to ensure that the Indian tribe has the tools necessary to make accurate determinations of presumptive eligibility in compliance with state and federal laws and regulations; and

(c) Ensuring that the Indian tribe is able to communicate with the Authority and the Tribal Health Authority Council created by NRS 233A.410 concerning clarification, guidance and updates on changes in the policies or procedures of Medicaid.

4. As used in this section, “Indian tribe” means a federally recognized American Indian tribe pursuant to 25 C.F.R. §§ 83.1 to 83.12, inclusive.