1. The Account to Improve Health Care Quality and Access is hereby created in the State General Fund. The Division shall administer the Account. The revenue from assessments and penalties imposed on the operators in each operator group must be accounted for separately in the Account. 2. The interest and income on the money in the Account, after deducting any applicable charges, must be credited to the Account. 3. Subject to the provisions of subsections 4 and 5, money in the Account must be expended to: (a) Provide supplemental payments or enhanced rates of reimbursement to operators pursuant to an upper payment limit program established under the provisions of 42 C.F.R. 447.272 or 447.321; (b) Provide supplemental payments to operators who provide care to recipients of Medicaid in addition to the reimbursements those operators would otherwise receive for providing such care; (c) Administer the provisions of NRS 422.3791 to 422.3795 , inclusive; and (d) For money generated by an assessment imposed against the operators of private hospitals or private rural hospitals, fund additional supports and services under Medicaid, as approved by the Director, to improve access to behavioral health care for recipients of Medicaid with serious behavioral health conditions, including, without limitation, psychiatric disorders, in order to reduce the burden imposed by such recipients on the emergency medical services and inpatient services of the hospitals in this State. 4. Not more than 15 percent of the total amount of money generated each year by assessments against the operators of private hospitals or private rural hospitals may be expended for the purposes described in paragraphs (c) and (d) of subsection 3. Money allocated for such expenditures must be used first for the purpose described in paragraph (c) of subsection 3. If money allocated for such expenditures remains after all necessary expenditures are made for that purpose, the Division shall expend the remaining money for the purpose described in paragraph (d) of subsection 3. 5. Money in the Account that was generated by a specific assessment must not be expended to provide supplemental payments or enhanced rates of reimbursement pursuant to subsection 3 to operators in an operator group that is not subject to the assessment unless such expenditure was identified as a potential use of revenue when the assessment received an affirmative vote of at least 67 percent of the operators in the operator group subject to the assessment pursuant to subsection 1 of NRS 422.3794 . 6. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance of the Account must be carried forward to the next fiscal year. 7. The Director shall seek all necessary federal authority to capture all available federal financial participation to provide additional supports and services as described in paragraph (d) of subsection 3.
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