NAC442.710. Eligibility of clients under program.

     1. To be eligible for participation in the program, a person must:

     (a) Have an eligible condition;

     (b) Be financially eligible pursuant to this section;

     (c) Be a resident of this State and:

          (1) A citizen of the United States;

          (2) A qualified alien, as defined in 8 U.S.C. § 1641; or

          (3) An alien who is otherwise eligible for participation in the program pursuant to federal regulations regarding the eligibility of aliens for public assistance; and

     (d) Not be eligible for medical services pursuant to any other program, including, without limitation, Medicaid and Nevada Check Up. The person must provide proof of denial to the Division.

     2. In addition to the requirements set forth in subsection 1, a client who is a child must be evaluated at least once annually by a physician who is certified by the American Board of Pediatrics as a specialist in pediatrics to determine whether the child has an eligible condition.

     3. Financial eligibility for participation in the program varies according to the gross annual income of the client’s household in comparison to 250 percent of the level of poverty designated for a household of that size by the United States Department of Health and Human Services. A client is eligible for diagnostic evaluations pursuant to subsection 7 of NAC 442.751 if his or her gross annual income is not more than 300 percent of the level of poverty designated for a household of that size by the United States Department of Health and Human Services. Gross annual income will be calculated by adding the total income and resources of all members of the client’s household.

     4. Resources to be considered for financial eligibility to participate in the program include, but are not limited to:

     (a) Savings certificates and savings accounts.

     (b) Stocks and bonds held by the client or his or her household, including, but not limited to, individual retirement accounts, money market accounts, tax deferred accounts and accounts established pursuant to 26 U.S.C. § 401(k).

     (c) Mortgages and accounts receivable held by the client or his or her household.

     (d) Proceeds from the sale of property.

     (e) Income tax refunds or rebates.

     (f) Cash gifts, prizes and awards.

     (g) Trust funds.

     5. Income to be considered for financial eligibility to participate in the program includes, but is not limited to:

     (a) Wages, salaries and commissions.

     (b) Gratuities.

     (c) Profits from self-employment, including farms.

     (d) Alimony and child support.

     (e) Inheritances.

     (f) Pensions and benefits.

     (g) Judgments and settlements resulting from litigation above the cost of litigation and any casualty losses or medical expenses for which the litigation was initiated.

     (h) Interest, dividends and royalties.

     (i) Any direct payments of money considered to be a gain or benefit, including, but not limited to, any donations of money.

     (j) Money in a trust.

     (k) Rental income.

     (Added to NAC by Bd. of Health, eff. 11-27-89; A 1-18-94; R212-97, 7-23-98; R095-99, 11-29-99)