1. Except as otherwise provided in this section, the Department shall, to the extent that it is not prohibited by federal law, recover from a recipient of public assistance, the estate of the recipient or a person who signed the application for public assistance on behalf of the recipient an amount not to exceed the amount of public assistance incorrectly paid to the recipient, if the person who signed the application:
(a) Failed to report any required information to the Department that the person knew at the time the person signed the application;
(b) Refused to provide financial information regarding the recipient’s income and assets, including, without limitation, information regarding any transfers or assignments of income or assets;
(c) Concealed information regarding the existence, transfer or disposition of the recipient’s income and assets with the intent of enabling a recipient to meet any eligibility requirement for public assistance;
(d) Made any false representation regarding the recipient’s income and assets, including, without limitation, any information regarding any transfers or assignments of income or assets; or
(e) Failed to report to the Department within the period allowed by the Department any required information that the person obtained after the person filed the application.
2. Except as otherwise provided in this section, a recipient of incorrectly paid public assistance or a person who signed the application for public benefits on behalf of the recipient shall reimburse the Department or appropriate state agency for the value of the incorrectly paid public assistance.
3. The Director or a person designated by the Director may, to the extent that it is not prohibited by federal law, determine the amount of, and settle, adjust, compromise or deny a claim against a recipient of public assistance, the estate of the recipient or a person who signed the application for public assistance on behalf of the recipient.
4. The Director may, to the extent that it is not prohibited by federal law, waive the repayment of public assistance incorrectly paid to a recipient if the incorrect payment was not the result of an intentional misrepresentation or omission by the recipient and if repayment would cause an undue hardship to the recipient. The Director shall, by regulation, establish the terms and conditions of such a waiver, including, without limitation, the circumstances that constitute undue hardship.
5. As used in this section, "public assistance" does not include Medicaid.
(Added to NRS by 2013, 1308)
Structure Nevada Revised Statutes
Chapter 422A - Welfare and Supportive Services
NRS 422A.005 - "Administrator" defined.
NRS 422A.015 - "Children’s Health Insurance Program" defined.
NRS 422A.020 - "Department" defined.
NRS 422A.025 - "Director" defined.
NRS 422A.030 - "Division" defined.
NRS 422A.035 - "Division of Health Care Financing and Policy" defined.
NRS 422A.037 - "Division of Public and Behavioral Health" defined.
NRS 422A.045 - "Low-Income Home Energy Assistance" defined.
NRS 422A.050 - "Medicaid" defined.
NRS 422A.055 - "Program for Child Care and Development" defined.
NRS 422A.060 - "Program for the Enforcement of Child Support" defined.
NRS 422A.065 - "Public assistance" defined.
NRS 422A.070 - "State Supplementary Assistance" defined.
NRS 422A.072 - "Supplemental Nutrition Assistance" defined.
NRS 422A.075 - "Supplemental Security Income Program" defined.
NRS 422A.080 - "Temporary Assistance for Needy Families" defined.
NRS 422A.155 - Qualifications.
NRS 422A.160 - Executive Officer of Division; administration and management of Division.
NRS 422A.162 - Administration of chapter.
NRS 422A.185 - Adoption of regulations.
NRS 422A.190 - Procedure for adopting, amending or repealing regulations.
NRS 422A.195 - General and miscellaneous powers and duties.
NRS 422A.230 - Legislative appropriations; disbursements.
NRS 422A.240 - Acceptance of Social Security Act and federal money.
NRS 422A.245 - Acceptance of increased benefits of future congressional legislation; regulations.
NRS 422A.250 - Contract or agreement with Federal Government by Director.
NRS 422A.270 - Legal advisers for Division.
NRS 422A.285 - Hearing: Evidence.
NRS 422A.290 - Hearing: Person with communications disability entitled to services of interpreter.
NRS 422A.325 - Assistance not assignable or subject to process or bankruptcy law.
NRS 422A.330 - Assistance subject to future amending and repealing acts.
NRS 422A.332 - Recipients of public assistance: Immunization of dependent children.
NRS 422A.338 - Duties of Department regarding welfare activities and services.
NRS 422A.370 - Expedited application for treatment or services for certain persons.
NRS 422A.460 - Liability of spouse or parent for minor child.
NRS 422A.465 - Written statement of responsible relative; perjury.
NRS 422A.470 - Enforcement of support by legal action.
NRS 422A.478 - Creation; membership; Chair; Vice Chair. [Effective January 1, 2022.]
NRS 422A.479 - Vacancy. [Effective January 1, 2022.]
NRS 422A.482 - Duties. [Effective January 1, 2022.]
NRS 422A.484 - Staff assistance. [Effective January 1, 2022.]
NRS 422A.485 - Gifts, grants, donations and other money. [Effective January 1, 2022.]
NRS 422A.486 - Annual report. [Effective January 1, 2022.]
NRS 422A.487 - Definitions. [Effective January 1, 2022.]
NRS 422A.488 - "Account holder" defined. [Effective January 1, 2022.]
NRS 422A.489 - "Fiduciary organization" defined. [Effective January 1, 2022.]
NRS 422A.490 - "Financial institution" defined. [Effective January 1, 2022.]
NRS 422A.491 - "Program" defined. [Effective January 1, 2022.]
NRS 422A.505 - "Benefit" defined.
NRS 422A.510 - "Head of household" defined.
NRS 422A.515 - "Household" defined.
NRS 422A.520 - "Program" defined.
NRS 422A.525 - Powers and duties of Administrator.
NRS 422A.538 - Provision for payment of child-only assistance to certain persons.
NRS 422A.540 - Agreement of cooperation: Establishment; execution; contents.
NRS 422A.545 - Period for action on application for benefits.
NRS 422A.565 - Compliance with federal prohibitions on receipt of benefits.
NRS 422A.575 - Provision of transitional assistance to head of household.
NRS 422A.585 - Program to promote self-sufficiency of certain parents: Establishment; participation.
NRS 422A.590 - Encouragement of employment opportunities.
NRS 422A.600 - Waiver of requirements of chapter for certain victims of domestic violence.
NRS 422A.630 - Requirements of program; submission of biennial report to Legislature.
NRS 422A.660 - Appointment of committee; duties; membership; reports.
NRS 422A.680 - Establishment and administration of System; requirements of System; regulations.