Chapter 8.36
WELFARE AND INDIGENT SERVICES PROGRAM
Sections:
8.36.030 Committee—Membership.
8.36.050 Appointment and duties of director.
8.36.055 Policies and procedures.
8.36.060 Eligibility for county medical care.
8.36.070 Extent of county care.
8.36.100 Rules and regulations.
8.36.010 Established.
There is established a county welfare and indigent services program which shall be operated by the board of county commissioners by and through a welfare and indigent services committee and a director of welfare and indigent services and such other officers and employees as may hereafter be authorized by the board of county commissioners. (Ord. 6-20-88 § 1)
8.36.020 Definitions.
As used in this chapter:
“Commissioners” or “board” means the board of county commissioners.
“Committee” means the welfare and indigent services committee.
“County welfare laws” means the welfare and indigent services law as contained in this chapter and as may be amended from time to time.
“Director” or “welfare director” means the director of welfare and indigent services.
“Rules,” “regulations,” and “rules and regulations” means the rules and regulations adopted as provided in this chapter.
“Welfare and indigent services program” and “program” means the welfare and indigent services program of the county. (Ord. 6-20-88 § 2)
8.36.030 Committee—Membership.
A. The welfare and indigent services committee consists of three members as follows:
1. A representative of the board of county commissioners;
2. The sheriff or his representative;
3. The district attorney or his representative.
B. The county welfare director shall serve as an ex officio member of the welfare and indigent services committee. (Ord. 7-9-91B § 1; Ord. 2-21-89 § 1; Ord. 6-20-88 § 3)
8.36.040 Committee—Duties.
The welfare and indigent services committee shall:
A. Keep informed on all activities of the welfare and indigent services program;
B. Serve as consultants on any matters pertaining to the welfare of the county;
C. Offer suggestions, criticisms and recommendations with regard to the activities of the welfare and indigent services program which are in any way related to the county’s welfare and indigent problems;
D. Serve as liaison and as an interpretive body between the general public, other agencies in the county and the welfare and indigent services program on matters of common interest;
E. Meet as necessary as the welfare committee;
F. Not use or disclose publicly information obtained by means of serving on the committee concerning individual applicants or recipients of public assistance. (Ord. 6-20-88 § 4)
8.36.050 Appointment and duties of director.
A. A welfare director shall be appointed by the board of county commissioners.
B. The director shall discharge all those duties and administer all such programs as the commissioners or committee may from time to time delegate to the director. Such duties and administrative responsibilities are restricted to those which under the various laws of the state pertaining to welfare matters and indigent matters are made the responsibility of the county and which can be lawfully delegated by a board of county commissioners to appointed or elected officials of the county. The welfare director has the authority to make decisions regarding disposition of funds budgeted for the county welfare and indigent services program subject to the approval of the board of commissioners.
C. The welfare director has the authority to act and make decisions in emergency situations without the prior approval of the board of county commissioners or of the welfare committee.
D. The welfare director is expressly authorized and directed to exercise those duties granted to the board of county commissioners under NRS Chapter 428.
E. In the event a vacancy occurs in the office of the welfare director, the hospital administrator shall assume those duties immediately. (Ord. 6-20-88 § 5)
8.36.055 Policies and procedures.
A. The welfare department will be operated in accordance with the department’s policy and procedure manual which is attached to the ordinance codified in this section and is on file in the office of the county clerk. The manual will be established to depict:
1. Organization;
2. Case management;
3. Eligibility standards;
4. Program management;
5. Eligibility determination;
6. Services provided;
7. Grants.
B. The policies and procedures may be modified to comply with the Humboldt County Code and the Nevada Revised Statutes. The policies and procedures of Nevada rural county welfare departments will remain uniform. Amendments should be done uniformly to preserve consistency in benefits and service delivery. (Ord. 7-2-90 § 1)
8.36.060 Eligibility for county medical care.
A person is eligible for county medical care if it is determined by the welfare director that the person:
A. Is in need of nonelective medical care, as determined with proper medical evidence;
B. Does not have sufficient funds, as determined in accordance with the county welfare and indigent services law, to pay for all or a part of that person’s medical care;
C. Has been or intended to become a bona fide resident of the county immediately prior to making application for assistance. The individual must show proof of intention of residency or actual proof of residency;
D. Is not receiving adequate aid or assistance from state or federal medical or hospital care programs; and
E. Does not own property, the sale of which could finance the hospital care required; provided, that even if a person should own such property, that person may be eligible or partially eligible if that person:
1. Owns a personally occupied residence having a fair market value as determined by the county assessor not in excess of the amount set forth in the rules and regulations, or
2. Owns personal property with a quick sale or cash value not in excess of the amount to be set forth in the rules and regulations, and, in either event,
3. Executes a lien in favor of the county on real property or substantial and not easily salable personal property so owned by the applicant or by the immediate family of the applicant as a condition to certification of an applicant for hospital care at county expense. (Ord. 6-20-88 § 6)
8.36.070 Extent of county care.
A. Investigation. Whenever an application is received, an investigation and record of the circumstances shall be made promptly in order to ascertain the extent of the need for relief and the facts supporting the application.
B. County Medical Care. County medical care shall be rendered to eligible persons to the extent and subject to the conditions set forth in this chapter as determined by the director to be necessary for the health and safety of an eligible person. Such care shall be provided at facilities within the county; provided, that upon prior written approval of the welfare director, such hospital care may be rendered at places outside the county. All applications for county medical care shall be made to the welfare director. However, this does not apply for any care for an urgent medical condition which is likely to result in serious and permanent bodily disability or death of the patient.
C. County Indigent Relief. Care other than medical and burial shall be provided to eligible persons to the extent and subject to the conditions set forth in this chapter, as determined by the director to be necessary to the health and safety of an eligible person.
D. County Indigent Burial. If any nonresident person while in the county or any other person who meets the uniform standards of eligibility prescribed by the board of county commissioners dies, the county shall provide such person a decent burial.
E. Transportation of Nonresidents. Upon written application to the county sheriff by eligible nonresidents, all or part of the costs of transportation of nonresident indigents from the county to their residences may be provided, in the amount and manner set forth in the rules and regulations. (Ord. 6-20-88 § 7)
8.36.080 Reimbursement.
As a condition of any relief care provided by the county, the recipient shall reimburse the county in accordance with the following:
A. Reimbursement Required. The applicant or other responsible party will be required to reimburse the county for that portion of the care or relief that falls within his financial ability.
B. Later Acquired Property. If a person who has received care or relief acquires property or otherwise ceases to be eligible, the cost of care or relief shall be a charge against him to the extent such cost exceeds his eligibility.
C. Statement. The county shall render to a person who has been provided care in a county hospital or other relief a statement setting forth the charges upon which its claim for reimbursement is based.
D. No Interest. No interest or carrying charge shall be charged in connection with any debt incurred for county hospital care or other relief.
E. Liens.
1. If it is determined to be in the best interest of the county, a lien against the property of the recipient or responsible relative may be acquired.
2. Sale or foreclosure of such a lien shall not be enforced against the home of the recipient or his responsible relative:
a. During recipient’s lifetime or that of recipient’s spouse;
b. During the lifetime of any dependent adult child who resides in the home and who is incapable of self-support because of mental or physical disability.
3. Any lien taken by the county for county hospital care or other relief shall be released immediately when the amount owing the county for that care or other relief is paid.
4. If a person against whose home a lien has been imposed for county hospital care or other relief desires to acquire a different home, the county may release its lien against the original home and transfer it to the new home if its security will not thereby be impaired.
5. If the person desires to borrow money for the purpose of making improvements to his home, using his home for security, the county may subordinate its lien to the mortgage or other security interest given for the loan if its security will not thereby be impaired.
F. Responsible Relatives.
1. The cost of county hospital care rendered to a person is a charge against the responsible relative of that person in accordance with the following rules.
2. A responsible relative is a father, mother, child, brother or sister of sufficient financial ability to reimburse the county fully or in part for its expenses in caring for the indigent relative.
3. The cost of such care shall not be a charge against a responsible relative who is a recipient of public assistance or is eligible for a federal or state medical care program.
G. Installment Payments. If the director deems it appropriate, a person against whom the cost of care is a charge may pay in installments in such amounts and at such intervals as approved by the director. (Ord. 6-20-88 § 8)
8.36.090 Fraud.
A. In cases where it appears the applicant or responsible relative has conveyed away property prior to application or any time thereafter, the county shall determine as soon as possible whether such transfer was for a fair and adequate consideration, and whether or not the transfer in effect makes the person a public charge. In such a case, the county may then proceed against responsible relatives or other parties involved to recover the expenses incurred by the county.
B. If any applicant should attempt to secure aid or assistance under this chapter by willfully giving false information about his medical or financial condition, such action shall constitute a misdemeanor offense. (Ord. 6-20-88 § 9)
8.36.100 Rules and regulations.
The welfare and indigent services committee shall have the duty and the right to establish such other rules and regulations, or to amend existing rules and regulations, as it may from time to time find necessary in order to give the provisions of this chapter full force and effect. Such new rules and regulations shall have the force and effect of law when their adoption is ordered by the commissioners and placed on file with the clerk thereof. (Ord. 6-20-88 § 10)
8.36.110 Income test.
A. Insufficient Income. A person does not have sufficient funds if his average net monthly income and number of persons dependent upon that income are as set forth in the policies and procedures attached to the ordinance codified in this chapter and on file in the office of the county clerk.
B. Computation of Income. For the purpose of computing income, net monthly income shall be determined pursuant to the policies and procedures attached to the ordinance codified in this chapter and on file in the office of the county clerk.
C. Other Factors. Even if a person does not meet the income test, he may be eligible or partially eligible if it is determined by the director that he does not have sufficient funds to pay for all or part of his medical care within a one-year to two-year period by reason of the following:
1. Nature of the disability;
2. Estimated length of hospitalization;
3. Estimated elapsed time before employed person may return to work;
4. Effect of the disability, if any, on future income production. (Ord. 6-20-88 § 11)
8.36.120 Appeal.
A person who is denied medical or other relief by the county pursuant to this program may appeal that denial within sixty days of receipt of the denial letter to the board of county commissioners. The board of commissioners shall hold a public hearing on the case within forty-five days of receipt of the appeal. If the board of commissioners also denies the case, an applicant may appeal to district court within thirty days of the denial notification. If the district court denies the appeal, then the case can be appealed to the Supreme Court. (Ord. 6-20-88 § 12)