Nevada Code § 422.2719

State Plan for Medicaid: Inclusion of requirement for payment of certain costs related to fetal alcohol spectrum disorders
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1. The Director shall include in the State
Plan for Medicaid a requirement that the State pay the nonfederal share of
expenditures incurred for screening for and diagnosis of fetal alcohol spectrum
disorders and for treatment of fetal alcohol spectrum disorders to persons
under the age of 19 years or, if enrolled in high school, until the person
reaches the age of 21 years.
2. A managed care organization, including
a health maintenance organization, that provides health care services to
recipients of Medicaid under the State Plan for Medicaid or the Childrens
Health Insurance Program pursuant to a contract with the Division, which
provides coverage for outpatient care shall not require a longer waiting period
for coverage for outpatient care related to fetal alcohol spectrum disorders
than is required for other outpatient care covered by the plan.
3. A managed care organization shall cover
medically necessary treatment of a fetal alcohol spectrum disorder.
4. Treatment of a fetal alcohol spectrum
disorder must be identified in a treatment plan and must include medically
necessary habilitative or rehabilitative care, prescription care, psychiatric
care, psychological care, behavioral therapy or therapeutic care that is:
(a) Prescribed for a person diagnosed with a
fetal alcohol spectrum disorder by a licensed physician or licensed
psychologist; and
(b) Provided for a person diagnosed with a fetal
alcohol spectrum disorder by a licensed physician, licensed psychologist,
licensed behavior analyst or other provider that is supervised by the licensed
physician, psychologist or behavior analyst.
A managed
care organization may request a copy of and review a treatment plan created
pursuant to this subsection.
5. Nothing in this section shall be
construed as requiring a managed care organization to provide reimbursement to
a school for services delivered through school services.
6. As used in this section:
(a) Applied behavior analysis means the design,
implementation and evaluation of environmental modifications using behavioral
stimuli and consequences to produce socially significant improvement in human
behavior, including, without limitation, the use of direct observation,
measurement and functional analysis of the relations between environment and
behavior.
(b) Behavioral therapy means any interactive
therapy derived from evidence-based research, including, without limitation,
discrete trial training, early intensive behavioral intervention, intensive
intervention programs, pivotal response training and verbal behavior provided
by a licensed psychologist, licensed behavior analyst, licensed assistant
behavior analyst or registered behavior technician.
(c) Evidence-based research means research that
applies rigorous, systematic and objective procedures to obtain valid knowledge
relevant to fetal alcohol spectrum disorders.
(d) Fetal alcohol spectrum disorder has the
meaning ascribed to it in NRS 432B.0655 .
(e) Habilitative or rehabilitative care means
counseling, guidance and professional services and treatment programs,
including, without limitation, applied behavior analysis, that are necessary to
develop, maintain and restore, to the maximum extent practicable, the
functioning of a person.
(f) Health maintenance organization has the
meaning ascribed to it in NRS 695C.030 .
(g) Licensed assistant behavior analyst has the
meaning ascribed to the term assistant behavior analyst in NRS 641D.020 .
(h) Licensed behavior analyst has the meaning
ascribed to the term behavior analyst in NRS
641D.030 .
(i) Managed care organization has the meaning
ascribed to it in NRS 695G.050 .
(j) Medically necessary means health care
services or products that a prudent physician or psychologist would provide to
a patient to prevent, diagnose or treat an illness, injury or disease, or any
symptoms thereof, that are necessary and which are:
(1) Provided in accordance with generally
accepted standards of medical practice;
(2) Clinically appropriate for the type,
frequency, extent, location and duration;
(3) Not primarily provided for the
convenience of the patient, physician, psychologist or other provider of health
care;
(4) Required to improve a specific health
condition of the patient or to preserve the existing state of health of the
patient; and
(5) The most clinically appropriate level
of health care that may be safely provided to the patient.
(k) Prescription care means medications
prescribed by a licensed physician and any health-related services deemed
medically necessary to determine the need or effectiveness of the medications.
(l) Psychiatric care means direct or
consultative services provided by a psychiatrist licensed in the state in which
the psychiatrist practices.
(m) Psychological care means direct or
consultative services provided by a psychologist licensed in the state in which
the psychologist practices.
(n) Registered behavior technician has the
meaning ascribed to it in NRS 641D.100 .
(o) Screening for and diagnosis of fetal alcohol
spectrum disorders means medically appropriate assessments, evaluations or
tests to screen and diagnose whether a person has a fetal alcohol spectrum disorder.
(p) Therapeutic care means services provided by
licensed or certified speech-language pathologists, occupational therapists and
physical therapists.
(q) Treatment plan means a plan to treat a
fetal alcohol spectrum disorder that is prescribed by a licensed physician or
licensed psychologist and may be developed pursuant to a comprehensive
evaluation in coordination with a licensed behavior analyst.

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