1. Before the date set by the court for hearing, an application may be made to the court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the Department, the court may order that the additional evidence be taken before the Department upon conditions determined by the court. The Department may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.
2. The review must be conducted by the court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the Department, not shown in the record, proof thereon may be taken in the court. The court, at the request of either party, shall hear oral argument and receive written briefs.
3. The court shall not substitute its judgment for that of the Department as to the weight of the evidence on questions of fact. The court may affirm the decision of the Department or remand the case for further proceedings. The court may reverse the decision and remand the case to the Department for further proceedings if substantial rights of the appellant have been prejudiced because the Department’s findings, inferences, conclusions or decisions are:
(a) In violation of constitutional, regulatory or statutory provisions;
(b) In excess of the statutory authority of the Department;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
4. An aggrieved party may obtain review of any final judgment of the district court by appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution. The appeal must be taken in the manner provided for civil cases.
(Added to NRS by 1985, 856; A 1999, 2230; 2013, 1781)
Structure Nevada Revised Statutes
Chapter 422 - Health Care Financing and Policy
NRS 422.003 - "Administrator" defined.
NRS 422.021 - "Children’s Health Insurance Program" defined.
NRS 422.030 - "Department" defined.
NRS 422.040 - "Director" defined.
NRS 422.041 - "Division" defined.
NRS 422.046 - "Medicaid" defined.
NRS 422.050 - "Public assistance" defined.
NRS 422.054 - "Undivided estate" defined.
NRS 422.061 - Purposes of Division.
NRS 422.151 - Creation; function.
NRS 422.153 - Composition; terms and compensation of members.
NRS 422.155 - Chair; Secretary; meetings; subcommittees.
NRS 422.175 - "Reinvestment advisory committee" defined. [Effective January 1, 2022.]
NRS 422.195 - Chair; meetings; subcommittees; quorum. [Effective January 1, 2022.]
NRS 422.205 - Duties; report. [Effective January 1, 2022.]
NRS 422.2354 - Qualifications.
NRS 422.2356 - Executive Officer of Division; administration and management of Division.
NRS 422.2357 - Administration of chapter.
NRS 422.2366 - Administration of oaths; testimony of witnesses; subpoenas.
NRS 422.2368 - Adoption of regulations.
NRS 422.2369 - Procedure for adopting, amending or repealing regulations.
NRS 422.240 - Legislative appropriations; disbursements.
NRS 422.260 - Acceptance of Social Security Act and related federal money.
NRS 422.265 - Acceptance of increased benefits of future congressional legislation; regulations.
NRS 422.267 - Contract or agreement with Federal Government by Director.
NRS 422.270 - Duties of Department regarding Medicaid and Children’s Health Insurance Program.
NRS 422.2704 - Review of and recommendations concerning rates of reimbursement.
NRS 422.2712 - Reporting of certain rates of reimbursement for physicians.
NRS 422.27238 - State Plan for Medicaid: Reimbursement for crisis stabilization services.
NRS 422.272407 - State Plan for Medicaid: Reimbursement of recipients for personal care services.
NRS 422.27247 - Application for federal waiver to provide certain dental care for certain persons.
NRS 422.2748 - Cooperation with Medicaid Fraud Control Unit.
NRS 422.27482 - Report concerning provision of health benefits by large employers.
NRS 422.275 - Legal advisers for Division.
NRS 422.2775 - Hearing: Evidence.
NRS 422.278 - Hearing: Person with communications disability entitled to services of interpreter.
NRS 422.291 - Assistance not assignable or subject to process or bankruptcy law.
NRS 422.292 - Assistance subject to future amending and repealing acts.
NRS 422.293005 - Subrogation: Liability for failure to comply with provisions.
NRS 422.29306 - Imposition and release of lien on property of recipient of Medicaid.
NRS 422.308 - Family planning service; birth control.
NRS 422.362 - "Cardholder" defined.
NRS 422.363 - "Medicaid card" defined.
NRS 422.365 - "Receives" defined.
NRS 422.369 - Unlawful acts: Fraud by person authorized to provide care to holder of card; penalty.
NRS 422.376 - "Facility for intermediate care" defined.
NRS 422.3765 - "Facility for skilled nursing" defined.
NRS 422.3771 - "Nursing facility" defined.
NRS 422.3775 - Fee: Payment; amount; due date; allowable cost for Medicaid reimbursement purposes.
NRS 422.378 - Report by nursing facility to Division.
NRS 422.37915 - "Account" defined.
NRS 422.3792 - "Agency to provide personal care services in the home" defined.
NRS 422.37925 - "Medical facility" defined.
NRS 422.3793 - "Operator" defined.
NRS 422.37935 - "Operator group" defined.
NRS 422.3805 - Federal waivers: Duties of Administrator.
NRS 422.390 - Regulations; quarterly report.
NRS 422.3964 - State Plan for Medicaid: Inclusion of certain home and community-based services.
NRS 422.4015 - "Board" defined.
NRS 422.402 - "Drug Use Review Board" defined.
NRS 422.4021 - Health benefit plan" defined.
NRS 422.4022 - "Health maintenance organization" defined.
NRS 422.4023 - "Pharmacy benefit manager" defined.
NRS 422.4024 - "Sickle cell disease and its variants" defined.
NRS 422.4035 - Silver State Scripts Board: Creation; membership.
NRS 422.404 - Silver State Scripts Board: Chair; terms; vacancies; meetings; quorum.
NRS 422.405 - Silver State Scripts Board: Duties and powers.
NRS 422.4056 - Audits of certain contracts; posting of audit results on Internet website.
NRS 422.406 - Regulations; contracts for services.
NRS 422.410 - Fraudulent acts; penalties.
NRS 422.460 - "Benefit" defined.
NRS 422.470 - "Claim" defined.
NRS 422.490 - "Provider" defined.
NRS 422.500 - "Recipient" defined.
NRS 422.510 - "Records" defined.
NRS 422.525 - "Statement or representation" defined.
NRS 422.530 - Responsibility for false claim, statement or representation.
NRS 422.540 - Offenses regarding false claims, statements or representations; penalties.