NRS: CHAPTER 427A - SERVICES TO AGING PERSONS AND PERSONS WITH DISABILITIES

[Rev. 1/16/2013 11:30:20 AM--2012R2]

CHAPTER 427A - SERVICES TO AGING PERSONS AND PERSONS WITH DISABILITIES

GENERAL PROVISIONS

NRS 427A.010 Declaration of legislative purpose.

NRS 427A.020 Definitions.

NRS 427A.021 “Administrator” defined.

NRS 427A.022 “Advocate” defined.

NRS 427A.023 “Commission” defined.

NRS 427A.024 “Day care center” defined.

NRS 427A.025 “Department” defined.

NRS 427A.026 “Director” defined.

NRS 427A.027 “Division” defined.

NRS 427A.028 “Facility for long-term care” defined.

NRS 427A.029 “Frail elderly person” defined.

NRS 427A.0291 “Intermediary service organization” defined.

NRS 427A.0293 “Ombudsman” defined.

NRS 427A.0295 “Resident” defined.

NRS 427A.030 Liberal construction.

NEVADA COMMISSION ON AGING

NRS 427A.032 Creation; appointment and terms of members; vacancies; removal.

NRS 427A.034 Meetings; quorum; regulations; subcommittees and advisory committees.

NRS 427A.036 Compensation of members and former members; payment of expenses; expenditures.

NRS 427A.038 Powers and duties.

AGING AND DISABILITY SERVICES DIVISION

NRS 427A.040 Powers and duties.

NRS 427A.050 Department designated agency to administer federal grants.

NRS 427A.060 Administrator: Appointment; qualifications.

NRS 427A.070 Administrator: Powers and duties.

NRS 427A.080 Agreements and arrangements with Federal Government.

NRS 427A.090 Compliance with federal requirements; disbursement of state money for matching federal grants.

NRS 427A.100 Custody and disbursement of money by State Treasurer.

NRS 427A.110 Aging and Disability Services Division’s Gift Account.

NRS 427A.120 Political activities prohibited; penalty.

NEVADA COMMISSION ON SERVICES FOR PERSONS WITH DISABILITIES

NRS 427A.121 “Commission” defined.

NRS 427A.1211 Creation; membership; terms of members; removal of member.

NRS 427A.1213 Election of Chair; meetings; quorum; rules of governance; appointment of subcommittees and advisory committees.

NRS 427A.1215 Salary of members; members entitled to per diem.

NRS 427A.1217 Duties; powers.

SPECIALIST FOR RIGHTS OF ELDERLY PERSONS

NRS 427A.122 “Elderly person” defined.

NRS 427A.123 Office created.

NRS 427A.1232 Appointment; qualifications; removal from office.

NRS 427A.1234 Duties and powers of Specialist.

NRS 427A.1236 Confidentiality of records.

STATE LONG-TERM CARE OMBUDSMAN

NRS 427A.125 Creation of Office; appointment; duties.

NRS 427A.127 Appointment of advocates to assist Ombudsman; Administrator authorized to create volunteer advocacy program and appoint volunteer advocates.

NRS 427A.135 Investigation; entry into facility; interference prohibited; penalty; right of resident concerning visits with Ombudsman or advocate; immunity for investigations performed by Ombudsman or advocate.

NRS 427A.136 Investigation of complaint involving person who is less than 60 years of age.

NRS 427A.138 Retaliation prohibited; penalty.

NRS 427A.145 Conduct of investigation.

NRS 427A.155 Referral of results of investigation to appropriate agency; notification of disposition.

NRS 427A.165 Regulations.

COMPLAINTS AGAINST CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS THAT PROVIDE CARE FOR OLDER PATIENTS

NRS 427A.175 Complaint for damage to property of older patient: Filing; investigation and settlement; hearing; payment of damages.

PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS

NRS 427A.250 Aging and Disability Services Division to establish and administer program; goals of program; regulations.

NRS 427A.255 Establishment and administration of program of all-inclusive care for the elderly.

NRS 427A.260 Provision of services; contracts.

NRS 427A.270 Division authorized to apply for, accept and expend grants of money or other assistance; fees for services.

NRS 427A.280 Tests and demonstrations.

COMMUNITY ADVOCATE FOR ELDER RIGHTS

NRS 427A.300 Creation of Office; appointment; qualifications.

NRS 427A.310 Duties.

NEVADA SILVER HAIRED LEGISLATIVE FORUM

NRS 427A.320 Creation.

NRS 427A.330 Nomination, appointment and terms of members.

NRS 427A.340 Qualifications of members.

NRS 427A.350 Ex officio membership of National Silver Haired Congress.

NRS 427A.360 Vacancies in membership.

NRS 427A.370 Election, terms and duties of officers; assistance from Legislative Counsel Bureau.

NRS 427A.380 Public hearings; meetings; formation of committees; compliance with Open Meeting Law.

NRS 427A.390 Powers.

NRS 427A.395 Duties concerning money received and expenses incurred.

NRS 427A.400 Compensation of members.

PROPERTY TAX ASSISTANCE FOR SENIOR CITIZENS

NRS 427A.450 Legislative findings and declaration. [Repealed.]

NRS 427A.455 Definitions. [Repealed.]

NRS 427A.460 “Claim” defined. [Repealed.]

NRS 427A.465 “Claimant” defined. [Repealed.]

NRS 427A.470 “Home” defined. [Repealed.]

NRS 427A.475 “Household” defined. [Repealed.]

NRS 427A.480 “Household income” defined. [Repealed.]

NRS 427A.485 “Income” defined. [Repealed.]

NRS 427A.490 “Lot” defined. [Repealed.]

NRS 427A.495 “Property taxes accrued” defined. [Repealed.]

NRS 427A.500 “Rent” defined. [Repealed.]

NRS 427A.505 “Senior citizen” defined. [Repealed.]

NRS 427A.510 Determination of which member of household is claimant. [Repealed.]

NRS 427A.515 Homeowner’s refund: Entitlement; limitation. [Repealed.]

NRS 427A.520 Renter’s refund: Entitlement; limitation. [Repealed.]

NRS 427A.522 Calculation of homeowner’s refund and renter’s refund. [Repealed.]

NRS 427A.525 Rent deemed to constitute accrued property tax. [Repealed.]

NRS 427A.530 Filing of claims with county assessor; processing of claim. [Repealed.]

NRS 427A.535 Action by Division on claim. [Repealed.]

NRS 427A.540 Disallowance of claim. [Repealed.]

NRS 427A.545 Eligibility unaffected by receipt of other assistance if claim for exemption filed; assessed valuation reduced by amount of exemption. [Repealed.]

NRS 427A.550 Division may expend money from Senior Citizens’ Property Tax Assistance Account for audit of claims processed by county assessor. [Repealed.]

NRS 427A.555 Multiple claims prohibited. [Repealed.]

NRS 427A.560 Survival of right to assistance on death of claimant. [Repealed.]

NRS 427A.565 Revocation of grant of assistance for improper claim; restitution. [Repealed.]

NRS 427A.570 Claim to be disallowed and refund to be repaid with penalty if property acquired to obtain benefits. [Repealed.]

NRS 427A.575 Excessive or fraudulent claim; penalty. [Repealed.]

NRS 427A.580 Penalty for false statement or use of fraudulent device. [Repealed.]

NRS 427A.585 Administrative and judicial review. [Repealed.]

NRS 427A.590 Administration by Division; regulations. [Repealed.]

NRS 427A.595 Senior Citizens’ Property Tax Assistance Account: Purposes; use. [Repealed.]

NRS 427A.600 Disclosure of personal or confidential information prohibited. [Repealed.]

INTERMEDIARY SERVICE ORGANIZATIONS

NRS 427A.701 Authority to provide services.

NRS 427A.703 Certificate required; penalty.

NRS 427A.705 Application for certificate: Contents.

NRS 427A.707 Application for certificate: Social security number required. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 427A.709 Application for certificate: Statement regarding obligation of child support; grounds for denial; duty of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 427A.711 Application for certificate: Fee.

NRS 427A.713 Certificate: Issuance; nontransferability.

NRS 427A.715 Certificate: Form; contents.

NRS 427A.717 Certificate: Expiration and renewal.

NRS 427A.719 Certificate: Grounds for denial, suspension or revocation.

NRS 427A.721 Certificate: Suspension for failure to pay child support or comply with certain subpoenas or warrants; reinstatement. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 427A.723 Provisional certificate.

NRS 427A.725 Deposit of money received from certification; expenses of Division to enforce provisions.

NRS 427A.727 Duties and powers of Division.

NRS 427A.729 Administrative sanctions: Imposition by Division; consequences of failure to pay; use of money collected.

NRS 427A.731 Administrative sanctions: Regulations.

NRS 427A.733 Notice by Division of disciplinary action; exception; appeal.

NRS 427A.735 Initial and periodic investigations of criminal history of employee or independent contractor.

NRS 427A.737 Maintenance and availability of certain records regarding employees and independent contractors.

NRS 427A.739 Termination of employee or independent contractor required for conviction for certain crimes; reasonable time to correct information; liability of organization.

NRS 427A.741 Additional grounds for denial, suspension or revocation of certificate.

NRS 427A.743 Action to enjoin violations.

NRS 427A.745 Prosecution by district attorney.

SUBCOMMITTEE ON COMMUNICATION SERVICES FOR PERSONS WHO ARE DEAF OR HARD OF HEARING AND PERSONS WITH SPEECH DISABILITIES

NRS 427A.750 Subcommittee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities: Creation; membership; terms; vacancies; quorum; compensation; members holding public office or employed by governmental entity; powers and duties.

USE OF SIGNATURE STAMPS BY CERTAIN PERSONS WITH PHYSICAL DISABILITIES

NRS 427A.755 Circumstances under which signature stamp may be used; treatment of signature stamps; standards regarding signature stamps; regulations.

INTERAGENCY ADVISORY BOARD ON TRANSITION SERVICES

NRS 427A.760 Definitions. [Effective through June 30, 2013.]

NRS 427A.762 “Advisory Board” defined. [Effective through June 30, 2013.]

NRS 427A.764 “Committee” defined. [Effective through June 30, 2013.]

NRS 427A.766 “State Rehabilitation Council” defined. [Effective through June 30, 2013.]

NRS 427A.768 “Transition services” defined. [Effective through June 30, 2013.]

NRS 427A.770 Creation; membership; designation of representative; appointment of members. [Effective through June 30, 2013.]

NRS 427A.772 Terms and reappointment of members; vacancies. [Effective through June 30, 2013.]

NRS 427A.774 Appointment of Chair and Vice Chair; meetings; Secretary; regulations; quorum. [Effective through June 30, 2013.]

NRS 427A.776 Members serve without compensation; members entitled to per diem; members holding public office or employed by governmental entity. [Effective through June 30, 2013.]

NRS 427A.778 Powers. [Effective through June 30, 2013.]

NRS 427A.780 Annual report. [Effective through June 30, 2013.]

PROGRAM TO ENABLE PERSONS WITH PHYSICAL DISABILITIES TO LIVE IN UNSUPERVISED SETTING

NRS 427A.791 “Person with a physical disability” defined.

NRS 427A.793 Establishment; regulations.

NRS 427A.795 Required elements of essential personal care.

PROGRAM TO PROVIDE DEVICES FOR TELECOMMUNICATION TO PERSONS WITH IMPAIRED SPEECH OR HEARING

NRS 427A.797 Development and administration; surcharge; creation and use of Account for Services for Persons With Impaired Speech or Hearing.

TRAUMATIC BRAIN INJURIES

NRS 427A.800 “Traumatic brain injury” defined.

NRS 427A.810 Duties of Division.

NRS 427A.820 Hospitals required to report information relating to persons with traumatic brain injuries to Division; penalty.

NRS 427A.830 Liability for disclosure of information in bad faith or with malicious purpose.

NRS 427A.840 Subcommittee on Traumatic Brain Injuries: Creation; appointment of members; terms; Chair; service without compensation; payment of per diem; powers.

NRS 427A.850 Program for Persons With Traumatic Brain Injuries: Establishment; services.

NRS 427A.860 Regulations.

STATEWIDE ALERT SYSTEM FOR THE SAFE RETURN OF MISSING ENDANGERED OLDER PERSONS

NRS 427A.862 Definitions.

NRS 427A.863 “Department” defined.

NRS 427A.864 “Media outlet” defined.

NRS 427A.865 “Missing endangered older person” defined.

NRS 427A.866 “System” defined.

NRS 427A.867 Creation; composition; administration; requirements for participation in System.

NRS 427A.868 Duties of Department; regulations.

NRS 427A.869 Activation of System by law enforcement agency to disseminate notice on behalf of missing endangered older person; prior consent of Department not required; notification of cancellation of activation and final disposition.

NRS 427A.870 Immunity of media outlet or any other public or private organization from civil liability for disseminating information about older person; immunity of person who establishes Internet website for System from civil liability for certain information placed on Internet website.

SERVICES FOR CERTAIN PERSONS WITH AUTISM SPECTRUM DISORDERS

NRS 427A.872 Division to adopt regulations prescribing statewide standard for measuring outcomes and assessing and evaluating certain young persons with autism spectrum disorders; reports to Division.

NRS 427A.875 Autism Treatment Assistance Program: Creation; duties; requirements for plan of treatment developed for participants; policies and services provided to be approved by Nevada Autism Task Force.

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GENERAL PROVISIONS

NRS 427A.010 Declaration of legislative purpose. The Legislature finds and declares that:

1. The older people of our state are entitled to receive, and it is the joint and several duty and responsibility of the state and local governments to provide, within the limits of available resources, assistance to secure equal opportunity to the full and free enjoyment of the following objectives:

(a) An adequate income in retirement.

(b) The best possible physical and mental health which science can make available and without regard to economic status.

(c) Suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford.

(d) Full restorative services for those who require institutional care.

(e) Opportunity for employment with no discriminatory personnel practices because of age.

(f) Retirement in health, honor and dignity.

(g) Pursuit of meaningful activity within the widest range of civic, cultural and recreational opportunities.

(h) Efficient community services which provide social assistance in a coordinated manner and which are readily available when needed.

(i) Immediate benefit from proven research knowledge which can sustain and improve health and happiness.

(j) Freedom, independence and the free exercise of individual initiative in planning and managing their own lives.

(k) The benefit of balanced nutrition.

(l) Adequate day care center services.

2. Persons with visual, aural, cognitive or physical disabilities are entitled to receive, and it is the joint and several duty and responsibility of the State and local governments to provide, within the limits of available resources, assistance to secure equal opportunity to the full and free enjoyment of and access to:

(a) Full participation in the social and economic life of the State;

(b) Opportunities for remunerative employment;

(c) The same rights as persons without disabilities to the full and free use of the streets, highways, sidewalks, public buildings, public facilities and other public places;

(d) Freedom and independence in planning and managing their lives, including, without limitation, the ability to exercise individual initiative;

(e) Suitable housing that is independently selected, designed and located with consideration of the special needs of persons with disabilities, and that is affordable to persons with disabilities;

(f) The best possible physical and mental health, without regard to economic status;

(g) Necessary health, personal assistance and independent living services that are designed to enable persons with disabilities to avoid receiving institutional care, or to transition from an institutional setting back to their communities;

(h) Respite for family members of persons with disabilities from their duties as primary caregivers; and

(i) Meaningful participation in a wide range of civic, cultural and recreational opportunities.

(Added to NRS by 1971, 375; A 1973, 1396; 1981, 1904; 2009, 2395)

NRS 427A.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 427A.021 to 427A.0295, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760; 1987, 975; 1991, 1976; 2009, 40, 2396)

NRS 427A.021 “Administrator” defined. “Administrator” means the Chief of the Aging and Disability Services Division of the Department.

(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760; 2009, 2396)

NRS 427A.022 “Advocate” defined. “Advocate” means an advocate appointed by the Ombudsman pursuant to NRS 427A.127.

(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760; 2009, 40)

NRS 427A.023 “Commission” defined. “Commission” means the Nevada Commission on Aging.

(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760)

NRS 427A.024 “Day care center” defined. “Day care center” means a facility for the care of adults during the day as defined in NRS 449.004.

(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760)

NRS 427A.025 “Department” defined. “Department” means the Department of Health and Human Services.

(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760)

NRS 427A.026 “Director” defined. “Director” means the Director of the Department.

(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760)

NRS 427A.027 “Division” defined. “Division” means the Aging and Disability Services Division of the Department.

(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760; 2009, 2396)

NRS 427A.028 “Facility for long-term care” defined. “Facility for long-term care” means:

1. A residential facility for groups as defined in NRS 449.017;

2. A facility for intermediate care as defined in NRS 449.0038;

3. A facility for skilled nursing as defined in NRS 449.0039;

4. A home for individual residential care as defined in NRS 449.0105; and

5. Any unlicensed establishment that provides food, shelter, assistance and limited supervision to a resident.

(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760; 1991, 1976; 2007, 150)

NRS 427A.029 “Frail elderly person” defined. “Frail elderly person” means a natural person 65 years of age or older who:

1. Has a physical or mental limitation that restricts the ability of the person to live independently and carry out activities of normal daily living; and

2. Has been or is at risk of being placed in a facility for long-term care.

(Added to NRS by 1987, 973)

NRS 427A.0291 “Intermediary service organization” defined. “Intermediary service organization” means a nongovernmental entity that provides services authorized pursuant to NRS 427A.701 for a person who has a disability or other responsible person.

(Added to NRS by 2009, 2377)

NRS 427A.0293 “Ombudsman” defined. “Ombudsman” means the State Long-Term Care Ombudsman appointed by the Administrator pursuant to NRS 427A.125.

(Added to NRS by 2009, 40)

NRS 427A.0295 “Resident” defined. “Resident” means a person who is 60 years of age or older.

(Added to NRS by 1991, 1975)

NRS 427A.030 Liberal construction. The provisions of this chapter shall be liberally construed to effect its stated purposes.

(Added to NRS by 1971, 376)

NEVADA COMMISSION ON AGING

NRS 427A.032 Creation; appointment and terms of members; vacancies; removal.

1. The Nevada Commission on Aging, consisting of 11 voting members and four or more nonvoting members, is hereby created within the Aging and Disability Services Division of the Department.

2. The Governor shall appoint as voting members of the Commission:

(a) Two persons who are members of the governing body of a county.

(b) Two persons who are members of the governing body of a city.

(c) Seven persons who have experience with or an interest in and knowledge of the problems of and services for the aging.

Ê At least six persons appointed as voting members must be 55 years of age or older.

3. The following persons shall serve as nonvoting members of the Commission:

(a) The Director of the Department, who shall serve as Chair of the Commission.

(b) The Administrator of the Aging and Disability Services Division.

(c) One member of the Senate and one member of the Assembly appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to older persons.

(d) Such other representatives of state government as may be designated by the Governor.

4. The members designated in paragraphs (a) and (b) of subsection 3 may designate alternates within their respective offices to attend any meeting of the Commission in their place.

5. After the initial terms, the Governor shall appoint each voting member of the Commission to a term of 2 years. No member may serve after the expiration of his or her term unless the member is appointed to serve another term. No person may be appointed to serve a full term as a voting member more than twice. No person who serves as a voting member for more than 1 year of a term to which another person was appointed may be appointed to serve a full term more than once.

6. The position of a member of the Commission is vacated upon his or her loss of any of the qualifications required for the appointment and in that event the vacancy must be filled for the unexpired term in the manner provided for the original appointment.

7. The Governor may remove a member appointed by the Governor to the Commission for malfeasance in office or neglect of duty. Absence from two consecutive meetings of the Commission constitutes good and sufficient cause for removal of a member by the Governor.

(Added to NRS by 1983, 543; A 1989, 206)

NRS 427A.034 Meetings; quorum; regulations; subcommittees and advisory committees.

1. The Commission may meet at least once each calendar quarter and at other times on the call of the Chair or a majority of its members.

2. A majority of the voting members of the Commission constitutes a quorum for the transaction of all business.

3. The Commission shall adopt regulations for its own government.

4. The Chair may appoint subcommittees and advisory committees composed of the members of the Commission, former members of the Commission and members of the general public who have experience with or knowledge of matters relating to older persons to consider specific problems or other matters that are related to and within the scope of the functions of the Commission. A subcommittee or advisory committee appointed pursuant to this subsection must not contain more than five members. To the extent practicable, the members of such a subcommittee or advisory committee must be representative of the various geographic areas and ethnic groups of this state.

(Added to NRS by 1983, 544; A 1999, 1641)

NRS 427A.036 Compensation of members and former members; payment of expenses; expenditures.

1. Each voting member of the Commission is entitled to receive a salary of not more than $80 per day, as fixed by the Commission, while engaged in the business of the Commission.

2. While engaged in the business of the Commission, each member of the Commission appointed pursuant to subsection 2 or paragraph (a), (b) or (d) of subsection 3 of NRS 427A.032, each former member of the Commission and each member of the general public appointed to serve on a subcommittee or advisory committee of the Commission pursuant to subsection 4 of NRS 427A.034, and each employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

3. The Commission may expend in accordance with law all money made available for its use.

4. Except during a regular or special session of the Legislature, each legislative member of the Commission is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which the legislative member attends a meeting of the Commission or is otherwise engaged in the business of the Commission, plus the per diem allowance and travel expenses provided for state officers and employees generally. The salaries and expenses of the legislative members of the Commission must be paid from the Legislative Fund.

(Added to NRS by 1983, 544; A 1985, 422; 1989, 207, 1714; 1999, 1641)

NRS 427A.038 Powers and duties.

1. The Commission shall:

(a) Determine and evaluate the needs of the older people of this state.

(b) Seek ways to avoid unnecessary duplication of services for older persons by public and private organizations in Nevada.

(c) Establish priorities for the work of the Division according to the most pressing needs of older persons as determined by the Commission.

(d) Promote programs that provide community-based services necessary to enable a frail elderly person, to the fullest extent possible, to remain in his or her home and be an integral part of his or her family and community.

2. The Commission may:

(a) Establish priorities for programs funded under the Older Americans Act of 1965 (42 U.S.C. §§ 3001 et seq.).

(b) Review and approve the State Plan for Providing Services to Meet the Needs of Older Persons.

(d) Conduct hearings, conferences and special studies on the problems of older persons and on programs which serve them.

(e) Evaluate existing programs for older persons and recommend needed changes in those programs and propose new programs which would more effectively and economically serve the needs of older persons.

(f) Evaluate any proposed legislation which would affect older persons.

(g) Recommend to the Legislature any appropriate legislation.

(h) Coordinate and assist the efforts of public and private organizations which serve the needs of older persons, especially in the areas of education, employment, health, housing, welfare and recreation.

(Added to NRS by 1983, 544; A 1987, 975; 1989, 207)

AGING AND DISABILITY SERVICES DIVISION

NRS 427A.040 Powers and duties.

1. The Division shall, consistent with the priorities established by the Commission pursuant to NRS 427A.038:

(a) Serve as a clearinghouse for information related to problems of the aged and aging.

(b) Assist the Director in all matters pertaining to problems of the aged and aging.

(d) Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.

(e) Prepare, publish and disseminate educational materials dealing with the welfare of older persons.

(f) Gather statistics in the field of aging which other federal and state agencies are not collecting.

(g) Stimulate more effective use of existing resources and available services for the aged and aging.

(h) Develop and coordinate efforts to carry out a comprehensive State Plan for Providing Services to Meet the Needs of Older Persons. In developing and revising the State Plan, the Division shall consider, among other things, the amount of money available from the Federal Government for services to aging persons and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to aging persons.

(i) Coordinate all state and federal funding of service programs to the aging in the State.

2. The Division shall:

(a) Provide access to information about services or programs for persons with disabilities that are available in this State.

(b) Work with persons with disabilities, persons interested in matters relating to persons with disabilities and state and local governmental agencies in:

(1) Developing and improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed; and

(2) Making recommendations concerning new policies or services that may benefit persons with disabilities.

(c) Serve as a liaison between state governmental agencies that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.

(d) Serve as a liaison between local governmental agencies in this State that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities. To inform local governmental agencies in this State of services and programs of other local governmental agencies in this State for persons with disabilities pursuant to this subsection, the Division shall:

(1) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Division to each of the local governmental agencies that provides services or programs to persons with disabilities;

(2) Work with counties and other local governmental entities in this State that do not provide services or programs to persons with disabilities to establish such services or programs; and

(3) Assist local governmental agencies in this State to locate sources of funding from the Federal Government and other private and public sources to establish or enhance services or programs for persons with disabilities.

(e) Administer the following programs in this State that provide services for persons with disabilities:

(1) The program established pursuant to NRS 427A.791, 427A.793 and 427A.795 to provide services for persons with physical disabilities;

(2) The programs established pursuant to NRS 427A.800 to 427A.860, inclusive, to obtain information concerning traumatic brain injuries and provide services to persons with traumatic brain injuries;

(3) The program established pursuant to NRS 427A.797 to provide devices for telecommunication to persons who are deaf and persons with impaired speech or hearing;

(4) Any state program for independent living established pursuant to 29 U.S.C. §§ 796 et seq., with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation acting as the designated state unit, as that term is defined in 34 C.F.R. § 364.4; and

(5) Any state program established pursuant to the Assistive Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.

(f) Provide information to persons with disabilities on matters relating to the availability of housing for persons with disabilities and identify sources of funding for new housing opportunities for persons with disabilities.

(g) Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and members of the public in this State through the use of surveys, focus groups, hearings or councils of persons with disabilities to receive:

(1) Meaningful input from persons with disabilities regarding the extent to which such persons are receiving services, including, without limitation, services described in their individual service plans, and their satisfaction with those services; and

(2) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.

(h) Publish and make available to governmental entities and the general public a biennial report which:

(1) Provides a strategy for the expanding or restructuring of services in the community for persons with disabilities that is consistent with the need for such expansion or restructuring;

(2) Reports the progress of the Division in carrying out the strategic planning goals for persons with disabilities identified pursuant to chapter 541, Statutes of Nevada 2001;

(3) Documents significant problems affecting persons with disabilities when accessing public services, if the Division is aware of any such problems;

(4) Provides a summary and analysis of the status of the practice of interpreting and the practice of realtime captioning, including, without limitation, the number of persons engaged in the practice of interpreting in an educational setting in each professional classification established pursuant to NRS 656A.100 and the number of persons engaged in the practice of realtime captioning in an educational setting; and

(5) Recommends strategies and, if determined necessary by the Division, legislation for improving the ability of the State to provide services to persons with disabilities and advocate for the rights of persons with disabilities.

3. The Division shall confer with the Department as the sole state agency in the State responsible for administering the provisions of this chapter.

4. The Division shall administer the provisions of chapter 656A of NRS.

5. The Division may contract with any appropriate public or private agency, organization or institution, in order to carry out the provisions of this chapter.

(Added to NRS by 1971, 376; A 1973, 1396; 1981, 1904; 1983, 545; 2009, 2396; 2011, 2463)

NRS 427A.050 Department designated agency to administer federal grants. The Department, through the Division, shall act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal funds granted to the State pursuant to the Older Americans Act of 1965 (42 U.S.C. §§ 3001-3053) as amended from time to time.

(Added to NRS by 1971, 376)

NRS 427A.060 Administrator: Appointment; qualifications. The Administrator shall be appointed on the basis of his or her education, training, experience and demonstrated abilities and of his or her interest in the problems of the aged and aging and persons with disabilities.

(Added to NRS by 1971, 376; A 2009, 2398)

NRS 427A.070 Administrator: Powers and duties.

1. The Administrator shall:

(a) Subject to the approval of the Director, adopt rules and regulations:

(1) Necessary to carry out the purposes of this chapter; and

(2) Establishing a program to subsidize the transportation by taxicab of elderly persons and persons with permanent disabilities from money received pursuant to subsection 5 of NRS 706.8825;

(b) Establish appropriate administrative units within the Division;

(c) Appoint such personnel and prescribe their duties as the Administrator deems necessary for the proper and efficient performance of the functions of the Division;

(d) Prepare and submit to the Governor, through the Director before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter;

(e) Make certification for disbursement of funds available for carrying out the purposes of this chapter; and

(f) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.

2. The Administrator may delegate to any officer or employee of the Division such of the powers and duties of the Administrator as the Administrator finds necessary to carry out the purposes of this chapter.

(Added to NRS by 1971, 376; A 1995, 853)

NRS 427A.080 Agreements and arrangements with Federal Government. The Department through the Division may make agreements, arrangements or plans to:

1. Cooperate with the Federal Government in carrying out the purposes of this chapter or of any federal statutes pertaining to the problems of the aged and aging and persons with disabilities and to this end may adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of those agreements, arrangements or plans; and

2. Comply with such conditions as may be necessary to secure benefits under those federal statutes.

(Added to NRS by 1971, 376; A 1981, 1905; 2009, 2398)

NRS 427A.090 Compliance with federal requirements; disbursement of state money for matching federal grants.

1. The Division may comply with such requirements as may be necessary to obtain federal money.

2. The Administrator may disburse state money, to the extent the Division has money budgeted for the purpose, to enable nonprofit, sponsoring organizations and political subdivisions of this State to obtain matching federal grants.

(Added to NRS by 1971, 377; A 1973, 695; 1981, 1905)

NRS 427A.100 Custody and disbursement of money by State Treasurer.

1. The State Treasurer is designated as custodian of all moneys received from the Federal Government for carrying out the purposes of this chapter or any agreements, arrangements or plans authorized thereby.

2. The State Treasurer shall make disbursements from such funds and from all state funds available for the purposes of this chapter upon certification by the designated official of the Division.

(Added to NRS by 1971, 377)

NRS 427A.110 Aging and Disability Services Division’s Gift Account.

1. Except as otherwise provided in NRS 427A.270, all gifts of money which the Division is authorized to accept must be deposited in the State Treasury for credit to the Aging and Disability Services Division’s Gift Account in the Department of Health and Human Services’ Gift Fund. The money may be invested and reinvested and must be used in accordance with the conditions of the gift.

2. All claims must be approved by the Administrator before they are paid.

(Added to NRS by 1971, 377; A 1979, 621; 1981, 78; 1987, 975; 2009, 2398)

NRS 427A.120 Political activities prohibited; penalty.

1. No officer or employee engaged in the administration of this chapter shall use his or her official authority to influence or interfere with an election or affect the results thereof or for any partisan political purpose. No such officer or employee shall solicit or receive, nor shall any officer or employee be obliged to contribute or render, any service, assistance, subscription, assessment or contribution for any political purpose.

2. Any officer or employee violating the provisions of this section shall be discharged.

(Added to NRS by 1971, 377)

NEVADA COMMISSION ON SERVICES FOR PERSONS WITH DISABILITIES

NRS 427A.121 “Commission” defined. As used in NRS 427A.121 to 427A.1217, inclusive, unless the context otherwise requires, “Commission” means the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211.

(Added to NRS by 2009, 655)—(Substituted in revision for NRS 426.355)

NRS 427A.1211 Creation; membership; terms of members; removal of member.

1. The Nevada Commission on Services for Persons with Disabilities, consisting of 11 voting members and 2 or more nonvoting members, is hereby created within the Division.

2. The Director shall appoint as voting members of the Commission 11 persons who have experience with or an interest in and knowledge of the problems of and services for persons with disabilities. The majority of the voting members of the Commission must be persons with disabilities or the parents or family members of persons with disabilities.

3. The Director and the Administrator shall serve as nonvoting, ex officio members of the Commission and each may designate an alternate within his or her office to attend any meeting of the Commission in his or her place.

4. The Director may appoint as nonvoting members of the Commission such other representatives of State Government as the Director deems appropriate.

5. After the initial term of an appointed member, the term of an appointed member is 3 years. An appointed member may be reappointed for an additional term of 3 years. An appointed member may not serve more than two terms. A vacancy on the Commission must be filled in the same manner as the original appointment. An appointed member who serves for more than 1 year of a term to which another person was appointed may be appointed to serve only one additional full term as an appointed member.

6. The Director may remove an appointed member of the Commission for malfeasance in office or neglect of duty. Absence from two consecutive meetings of the Commission constitutes good and sufficient cause for removal of an appointed member by the Director.

(Added to NRS by 2009, 655)—(Substituted in revision for NRS 426.365)

NRS 427A.1213 Election of Chair; meetings; quorum; rules of governance; appointment of subcommittees and advisory committees.

1. The Commission shall, at its first meeting and annually thereafter, elect a Chair from among its voting members.

2. The Commission shall meet at least quarterly and at the times and places specified by a call of the Director, the Chair or a majority of the voting members of the Commission.

3. A majority of the voting members of the Commission constitutes a quorum for the transaction of all business.

4. The Commission shall establish rules for its own governance.

5. Except as otherwise provided in NRS 426.731, 427A.750 and 427A.840, the Chair may appoint subcommittees and advisory committees composed of the members of the Commission, former members of the Commission and members of the general public who have experience with or knowledge of matters relating to persons with disabilities, to consider specific problems or other matters that are related to and within the scope of the functions of the Commission. A subcommittee or advisory committee appointed pursuant to this subsection must not contain more than five members. To the extent practicable, the members of such a subcommittee or advisory committee must be representative of the various geographic areas and ethnic groups of this State.

(Added to NRS by 2009, 655)—(Substituted in revision for NRS 426.375)

NRS 427A.1215 Salary of members; members entitled to per diem.

1. Each voting member of the Commission is entitled to receive a salary of not more than $80 per day, as fixed by the Commission, while engaged in the business of the Commission, if funding is available for this purpose.

2. While engaged in the business of the Commission, each appointed member of the Commission, each person appointed to serve on a subcommittee or advisory committee of the Commission, and each employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, if funding is available for this purpose.

3. The Commission may expend in accordance with law all money made available for its use.

(Added to NRS by 2009, 656)—(Substituted in revision for NRS 426.385)

NRS 427A.1217 Duties; powers.

1. The Commission shall:

(a) Determine and evaluate the needs of persons with disabilities in this State;

(b) Seek ways to avoid unnecessary duplication of services for persons with disabilities by public and private organizations in this State;

(c) Establish priorities for the work of the Division according to the most pressing needs of persons with disabilities as determined by the Commission; and

(d) Promote programs that provide community-based services necessary to enable a person with a disability, to the fullest extent possible, to remain in his or her home and be an integral part of his or her family and community.

2. The Commission may:

(a) Review and make recommendations regarding plans for services for persons with disabilities;

(b) Gather and disseminate information relating to persons with disabilities;

(c) Conduct hearings, conferences and special studies on the problems of persons with disabilities and on programs that serve persons with disabilities;

(d) Evaluate existing programs for persons with disabilities, recommend changes in those programs and propose new programs that would more effectively and economically serve the needs of persons with disabilities;

(e) Evaluate any proposed legislation that would affect persons with disabilities;

(f) Carry out the provisions of the Strategic Plan for Persons with Disabilities developed by the Department pursuant to paragraph (c) of subsection 1 of section 1 of chapter 541, Statutes of Nevada 2001;

(g) Recommend to the Legislature any appropriate legislation concerning persons with disabilities; and

(h) Coordinate and assist the efforts of public and private organizations that serve the needs of persons with disabilities, especially in the areas of education, employment, health, housing, welfare and recreation.

(Added to NRS by 2009, 656)—(Substituted in revision for NRS 426.395)

SPECIALIST FOR RIGHTS OF ELDERLY PERSONS

NRS 427A.122 “Elderly person” defined. As used in NRS 427A.122 to 427A.1236, inclusive, unless the context otherwise requires, “elderly person” means a person who is 60 years of age or older.

(Added to NRS by 1999, 126)

NRS 427A.123 Office created. The Office of Specialist for the Rights of Elderly Persons is hereby created within the Aging and Disability Services Division of the Department.

(Added to NRS by 1989, 1485)

NRS 427A.1232 Appointment; qualifications; removal from office.

1. The Governor shall appoint the Specialist for the Rights of Elderly Persons for a term of 4 years. The person appointed:

(a) Must be an attorney licensed to practice law in this State;

(b) Must be qualified by training and experience to perform the duties and functions of the office;

(d) Shall report upon request to the Administrator regarding the performance of the duties and the functioning of the office.

2. The Governor may remove the Specialist for the Rights of Elderly Persons from office for inefficiency, neglect of duty or malfeasance in office.

(Added to NRS by 1989, 1485)

NRS 427A.1234 Duties and powers of Specialist.

1. The Specialist for the Rights of Elderly Persons shall:

(a) Provide advocacy and education relating to the legal rights of elderly persons and shall facilitate the development of legal services to assist elderly persons in securing and maintaining their legal rights.

(b) Provide, upon request, technical assistance, training and other support relating to the legal rights of elderly persons to:

(1) An attorney who is providing legal services for an elderly person;

(2) An employee of a law enforcement agency;

(3) The Ombudsman or an advocate;

(4) An employee of an office for protective services of any county; and

(5) An employee of the Division.

(c) Review existing and proposed policies, legislation and regulations that affect elderly persons and make recommendations as appropriate to the Administrator.

(d) Review and analyze information relating to the nature and extent of abuse, neglect, exploitation and isolation of elderly persons to identify services that need to be provided, including, without limitation:

(1) Methods of intervening on behalf of an elderly person to protect the elderly person from abuse, neglect, exploitation or isolation; and

(2) Enforcing the laws of this state governing abuse, neglect, exploitation and isolation of elderly persons.

2. The Specialist for the Rights of Elderly Persons may:

(a) Have access to, inspect, copy and subpoena all records in the possession of any clerk of a court, law enforcement agency or public or private institution, wherever situated, that relate to the abuse, neglect, exploitation or isolation of an elderly person.

(b) Have access to all written records in the possession of any person, government, governmental agency or political subdivision of a government that relate to the abuse, neglect, exploitation or isolation of an elderly person.

(d) Use the information obtained pursuant to paragraphs (a) and (b) to resolve complaints relating to the abuse, neglect, exploitation or isolation of an elderly person.

(e) Develop services relating to financial management for an elderly person who is at risk of having a guardian or conservator appointed by a court to manage his or her property.

(f) Appear as amicus curiae on behalf of elderly persons in any court in this state.

(g) Perform such other functions as are necessary to carry out the duties and the functions of the office of the Specialist for the Rights of Elderly Persons.

(Added to NRS by 1989, 1485; A 1999, 126; 2009, 40)

NRS 427A.1236 Confidentiality of records. All records in the possession of the Specialist for the Rights of Elderly Persons relating to his or her counseling or representation of an elderly person are confidential and must not be released to any other person except upon order of a court of competent jurisdiction or pursuant to NRS 239.0115.

(Added to NRS by 1989, 1485; A 2007, 2106)

STATE LONG-TERM CARE OMBUDSMAN

NRS 427A.125 Creation of Office; appointment; duties.

1. The Office of the State Long-Term Care Ombudsman is hereby created within the Division.

2. The Administrator shall appoint the State Long-Term Care Ombudsman to advocate for the protection of the health, safety, welfare and rights of residents of facilities for long-term care. The Ombudsman is in the classified service of the State. The Ombudsman shall, under direction of the Administrator:

(a) Train advocates to:

(1) Receive, investigate and attempt to resolve complaints made by or on behalf of residents of facilities for long-term care.

(2) Investigate acts, practices, policies or procedures of any facility for long-term care or any governmental agency which relates to such care and may adversely affect the health, safety, welfare or civil rights of residents of such facilities, and report the results of the investigations to the Ombudsman and the Administrator.

(3) Record and analyze information and complaints about facilities for long-term care to identify problems affecting their residents.

(4) Provide for the support and development of resident and family councils to protect the well-being and rights of residents of facilities for long-term care.

(b) Coordinate services within the Department which may affect residents and prospective residents of facilities for long-term care to ensure that such services are made available to eligible persons.

(c) Recommend and review policies, legislation and regulations, both in effect and proposed, which affect facilities for long-term care.

(d) Upon request, advise and assist the Governor, the Legislature and public and private groups in formulating and putting into effect policies which affect facilities for long-term care and their residents.

(e) Provide information to interested persons and to the general public concerning the functions and activities of the Ombudsman.

(f) Report annually to the Administrator.

(Added to NRS by 1983, 1026; A 1993, 115; 2009, 41)

NRS 427A.127 Appointment of advocates to assist Ombudsman; Administrator authorized to create volunteer advocacy program and appoint volunteer advocates.

1. The Administrator may appoint one or more advocates to assist the Ombudsman who are within the Division and in the classified service of the State. Each advocate shall perform his or her duties at the direction of the Ombudsman.

2. The Administrator may:

(a) Create a volunteer advocacy program within the Division to be administered by the Ombudsman under the direction of the Administrator; and

(b) Appoint volunteer advocates who may act as representatives of the Ombudsman.

(Added to NRS by 1989, 1485; A 2009, 42)

1. The Ombudsman or an advocate may:

(a) Upon a complaint by or on behalf of a resident, investigate any act or policy which the Ombudsman or advocate has reason to believe may adversely affect the health, safety, welfare or civil rights of any resident of a facility for long-term care; and

(b) Make periodic visits to any facility for long-term care to provide information to the residents of the facility and to review generally any act, practice, policy, procedure or condition which may adversely affect the health, safety, welfare or civil or other rights of any resident of the facility.

2. The Ombudsman or an advocate may enter any facility for long-term care and any area within the facility at reasonable times with or without prior notice and must be permitted access to residents of the facility at all times. Upon arrival at the facility, the Ombudsman or advocate shall make his or her presence known to the staff of the facility and shall present appropriate identification.

3. A person shall not willfully interfere with the Ombudsman or an advocate in the performance of any investigation or visitation pursuant to this section. If any person is found, after notice and a hearing, to have willfully violated any provision of this subsection, the Director, at the request of the Administrator, may refer the matter to the Health Division of the Department for the imposition of an administrative fine of not more than $1,000 for each violation.

4. Any money collected as a result of an administrative fine imposed pursuant to this section must be deposited in the State General Fund.

5. Each resident has the right to request, deny or terminate visits with the Ombudsman or an advocate.

6. The Ombudsman or an advocate is not liable civilly for the good faith performance of any investigation.

(Added to NRS by 1983, 1026; A 1989, 1485; 1991, 1976; 2009, 42)

NRS 427A.136 Investigation of complaint involving person who is less than 60 years of age. The Administrator may direct the Ombudsman or an advocate to investigate a complaint involving a person who is less than 60 years of age.

(Added to NRS by 1991, 1976; A 2009, 42)

NRS 427A.138 Retaliation prohibited; penalty.

1. An officer, director or employee of a facility for long-term care shall not retaliate against any person for having filed a complaint with, or provided information to, the Ombudsman or an advocate.

2. If any person is found, after notice and a hearing, to have violated any provision of subsection 1, the Director, at the request of the Administrator, may refer the matter to the Health Division of the Department for the imposition of an administrative fine of not more than $1,000 for each violation.

3. Any money collected as a result of an administrative fine imposed pursuant to this section must be deposited in the State General Fund.

(Added to NRS by 1989, 1485; A 2009, 43)

NRS 427A.145 Conduct of investigation. In conducting an investigation, the Ombudsman or an advocate may:

1. Inspect any facility for long-term care and any records maintained by the facility. Except as otherwise provided in this subsection, the medical and personal financial records may be inspected only with the informed consent of the resident, the legal guardian of the resident or the person or persons designated as responsible for decisions regarding the resident. If the resident is unable to consent to the inspection and has no legal guardian, the inspection may be conducted without consent.

2. Interview:

(a) Officers, directors and employees of any facility for long-term care, including any licensed provider of health care as defined in NRS 629.031, who renders services to the facility or its residents.

(b) Any resident of the facility and the legal guardian of the resident, if any, and the family of the resident or the person or persons designated as responsible for decisions regarding his or her care if the resident consents to the interview.

3. Obtain such assistance and information from any agency of the State or its political subdivisions as is necessary properly to perform the investigation.

(Added to NRS by 1983, 1027; A 1989, 1486; 2009, 43)

NRS 427A.155 Referral of results of investigation to appropriate agency; notification of disposition.

1. In appropriate cases and under the Administrator’s direction, the Ombudsman or an advocate shall refer the results of an investigation to the governmental agencies with authority to enforce applicable laws and regulations through administrative, civil or criminal proceedings.

2. The Ombudsman or an advocate shall notify the complainant of the ultimate disposition of the matter raised in his or her complaint.

(Added to NRS by 1983, 1027; A 1989, 1486; 2009, 43)

NRS 427A.165 Regulations. The Division may adopt regulations regarding the requirement, contents, posting and distribution of a notice which describes the purpose of the Ombudsman and an advocate and sets forth the procedure for making a complaint to the Ombudsman or an advocate.

(Added to NRS by 1983, 1027; A 2009, 43)

COMPLAINTS AGAINST CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS THAT PROVIDE CARE FOR OLDER PATIENTS

NRS 427A.175 Complaint for damage to property of older patient: Filing; investigation and settlement; hearing; payment of damages.

1. Within 1 year after an older patient sustains damage to his or her property as a result of any act or failure to act by a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home, an intermediary service organization or an agency to provide nursing in the home in protecting the property, the older patient may file a verified complaint with the Division setting forth the details of the damage.

2. Upon receiving a verified complaint pursuant to subsection 1, the Administrator shall investigate the complaint and attempt to settle the matter through arbitration, mediation or negotiation.

3. If a settlement is not reached pursuant to subsection 2, the facility, home, agency, organization or older patient may request a hearing before the Specialist for the Rights of Elderly Persons. If requested, the Specialist for the Rights of Elderly Persons shall conduct a hearing to determine whether the facility, home, agency or organization is liable for damages to the patient. If the Specialist for the Rights of Elderly Persons determines that the facility, home, agency or organization is liable for damages to the patient, the Specialist for the Rights of Elderly Persons shall order the amount of the surety bond pursuant to NRS 449.065 or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division. The Division shall pay any such amount to the older patient or the estate of the older patient.

4. The Division shall create a separate account for money to be collected and distributed pursuant to this section.

5. As used in this section:

(a) “Agency to provide nursing in the home” has the meaning ascribed to it in NRS 449.0015;

(b) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021;

(d) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039;

(e) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105;

(f) “Older patient” has the meaning ascribed to it in NRS 449.065; and

(g) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

(Added to NRS by 1997, 1484; A 2005, 2174; 2007, 1220; 2009, 507, 2399)

PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS

NRS 427A.250 Aging and Disability Services Division to establish and administer program; goals of program; regulations.

1. The Division shall establish and administer a program to provide the community-based services necessary to enable a frail elderly person to remain in his or her own home or with his or her family and avoid placement in a facility for long-term care. The program may be carried out solely by the Division or in cooperation with another state agency, the Federal Government or any local government.

2. Any such program established by the Division pursuant to this section may have as its goals to:

(a) Foster independence and self-reliance and maintain the dignity of frail elderly persons and allow them, to the fullest extent possible, to be an integral part of their families and communities;

(b) Establish in communities throughout the state community-based services which will enable frail elderly persons to remain in their homes;

(c) Ensure that any frail elderly person who has been, or is at risk of being, placed inappropriately in a facility for long-term care is able to receive the services which will enable the person to stay in his or her home; and

(d) Promote participation by any appropriate public or private agency, organization or institution in the development of services that offer options to frail elderly persons and foster independent living.

3. The Division shall adopt regulations necessary to establish and administer the program established pursuant to this section.

(Added to NRS by 1987, 974)

NRS 427A.255 Establishment and administration of program of all-inclusive care for the elderly.

1. In addition to any program established pursuant to NRS 427A.250, the Division may establish and administer a program of all-inclusive care for the elderly, commonly known as a PACE program. The program may be carried out solely by the Division or in cooperation with another state agency, the Federal Government or any local government.

2. A program established pursuant to subsection 1:

(a) Must comply with the provisions of 42 U.S.C. § 1396u-4, 42 C.F.R. Part 460 and any other federal regulations governing programs of all-inclusive care for the elderly; and

(b) May be established in any county in this State.

3. The Division may adopt regulations necessary to establish and administer the program.

4. If the Division wishes to establish a program pursuant to subsection 1, the Director shall submit to the Secretary of Health and Human Services any amendment to the State Plan for Medicaid necessary to enable the Division to establish the program and to revise the program from time to time.

(Added to NRS by 2009, 1255)

NRS 427A.260 Provision of services; contracts.

1. The Division may use personnel of the Division or it may contract with any appropriate public or private agency, organization or institution to provide a program of all-inclusive care for the elderly and to provide the community-based services necessary to enable a frail elderly person to remain in his or her home.

2. Any such contract must:

(a) Include a description of the type of service to be provided;

(b) For:

(1) A program of all-inclusive care for the elderly, specify the capitation rate to be paid for all-inclusive care for the elderly and the method of payment; and

(2) Any other community-based services, specify the price to be paid for each service and the method of payment; and

(Added to NRS by 1987, 974; A 2009, 1256)

NRS 427A.270 Division authorized to apply for, accept and expend grants of money or other assistance; fees for services.

1. The Division may apply for, accept and expend any federal or private grant of money or other type of assistance that becomes available to carry out the provisions of NRS 427A.250 to 427A.280, inclusive. Any money received pursuant to this section must be deposited with the State Treasurer and accounted for separately in the State General Fund.

2. The Division shall, with the approval of the Commission and Director, establish a schedule of fees to be charged and collected for any service provided pursuant to NRS 427A.250 to 427A.280, inclusive.

(Added to NRS by 1987, 974; A 2009, 1256)

NRS 427A.280 Tests and demonstrations. In addition to the program established pursuant to NRS 427A.255, the Division may initiate projects to test and demonstrate various ways of providing the community-based services and all-inclusive care necessary to enable a frail elderly person to remain in his or her home.

(Added to NRS by 1987, 974; A 2009, 1256)

COMMUNITY ADVOCATE FOR ELDER RIGHTS

NRS 427A.300 Creation of Office; appointment; qualifications.

1. The Office of the Community Advocate for Elder Rights is hereby created within the Division.

2. The Administrator shall appoint the Community Advocate for Elder Rights. The person so appointed:

(a) Must be qualified by training and experience to perform the duties and functions of the office; and

(b) Is in the classified service of the State.

(Added to NRS by 1991, 2311; A 2009, 43)

NRS 427A.310 Duties. The Community Advocate for Elder Rights shall provide assistance to persons who are 60 years of age or older and do not reside in facilities for long-term care. The assistance must include at least the:

1. Coordination of resources and services available to aging persons within their respective communities, including the services provided through a program established pursuant to NRS 427A.250 or 427A.255;

2. Dissemination of information to aging persons on issues of national and local interest, including information regarding the services of the Community Advocate for Elder Rights and the existence of groups of aging persons with similar interests and concerns; and

3. Advocation of issues relating to aging persons.

(Added to NRS by 1991, 2311; A 1993, 115; 2009, 44, 1256)

NEVADA SILVER HAIRED LEGISLATIVE FORUM

NRS 427A.320 Creation. The Nevada Silver Haired Legislative Forum is hereby created to identify and act upon issues of importance to aging persons.

(Added to NRS by 1997, 2724; A 2001, 3026)

NRS 427A.330 Nomination, appointment and terms of members.

1. The Legislative Commission shall appoint to the Nevada Silver Haired Legislative Forum a number of members equal to the number of State Senators. The persons appointed to the Forum must be the persons nominated pursuant to this section. Each member of the Senate shall, after consulting with the members of the Assembly who reside within his or her senatorial district, nominate a person who meets the requirements for appointment to the Forum set forth in NRS 427A.340.

2. Appointments to the Nevada Silver Haired Legislative Forum must be made by the Legislative Commission before December 31 of the second year of a member’s term. After the initial terms, each member of the Forum serves a term of 2 years. Each member of the Forum continues to serve until a successor is appointed.

(Added to NRS by 1997, 2724; A 2001, 3026; 2007, 3308)

NRS 427A.340 Qualifications of members. A member of the Nevada Silver Haired Legislative Forum must:

1. Have been a resident of this state for 5 years immediately preceding his or her appointment;

2. Have been a registered voter in the senatorial district of the Senator who nominated the member for 3 years immediately preceding his or her appointment; and

3. Be at least 60 years of age on the day that he or she is appointed.

(Added to NRS by 1997, 2724; A 2001, 3027)

NRS 427A.350 Ex officio membership of National Silver Haired Congress. Members of the National Silver Haired Congress from this State shall serve as ex officio members of the Nevada Silver Haired Legislative Forum. If a member of the National Silver Haired Congress ceases to be a member of the National Silver Haired Congress, the ex officio membership of that person in the Nevada Silver Haired Legislative Forum terminates. An ex officio member of the Nevada Silver Haired Legislative Forum has the same rights and responsibilities as the members who are appointed.

(Added to NRS by 1997, 2724)

NRS 427A.360 Vacancies in membership.

1. A position in the Nevada Silver Haired Legislative Forum becomes vacant upon:

(a) The death or resignation of a member.

(b) The illness of a member that prevents the member from attending three consecutive meetings of the Nevada Silver Haired Legislative Forum, unless excused by the President.

(c) The absence of a member for any reason from three consecutive meetings of the Nevada Silver Haired Legislative Forum, unless excused by the President.

2. If a vacancy occurs, the Legislative Commission shall appoint a person to serve the remainder of the unexpired term. The Legislative Commission may appoint a person whose membership in the National Silver Haired Congress has ended to fill a vacancy in the Nevada Silver Haired Legislative Forum.

3. As used in this section, “President” means the person elected to serve as President of the Nevada Silver Haired Legislative Forum pursuant to NRS 427A.370.

(Added to NRS by 1997, 2725; A 2001, 3027; 2005, 460)

NRS 427A.370 Election, terms and duties of officers; assistance from Legislative Counsel Bureau.

1. The Nevada Silver Haired Legislative Forum shall elect from among its members, to serve a term of 1 year beginning on July 1 of each year:

(a) A President, who shall conduct meetings and oversee the formation of committees as necessary to accomplish the purposes of the Nevada Silver Haired Legislative Forum.

(b) A Vice President, who shall assist the President and conduct meetings of the Nevada Silver Haired Legislative Forum if the President is absent or otherwise unable to perform his or her duties.

(1) Prepare and keep a record of meetings, including, without limitation, the date, time, place and purpose of every meeting; and

(2) At the first meeting of the Nevada Silver Haired Legislative Forum on or after July 1 of each year, prepare a list of the dates of the meetings that are scheduled for the year.

(d) A Treasurer, who shall, with the assistance of the Director of the Legislative Counsel Bureau, administer any account established pursuant to NRS 427A.395.

2. The Director of the Legislative Counsel Bureau shall provide such persons as are necessary to assist the Nevada Silver Haired Legislative Forum in carrying out its duties.

(Added to NRS by 1997, 2725; A 2001, 3027; 2005, 460)

NRS 427A.380 Public hearings; meetings; formation of committees; compliance with Open Meeting Law.

1. The Nevada Silver Haired Legislative Forum may, within the limits of legislative appropriations and any gifts, grants or donations received by the Forum:

(a) During the period in which the Legislature is not in a regular session, hold three or more public hearings in this State.

(b) During the period in which the Legislature is in a regular session, meet as often as necessary to conduct the business of the Forum.

2. The Nevada Silver Haired Legislative Forum and its committees shall comply with the provisions of chapter 241 of NRS.

(Added to NRS by 1997, 2725; A 2001, 3028; 2003, 647; 2005, 461)

NRS 427A.390 Powers. The Nevada Silver Haired Legislative Forum may:

1. Submit a report containing recommendations for legislative action to the Legislative Commission and the Governor before September 1 of each even-numbered year.

2. Accept gifts, grants and donations that must be deposited in an account established pursuant to NRS 427A.395.

3. Adopt procedures to conduct meetings of the Nevada Silver Haired Legislative Forum and committees thereof. Those procedures may be changed upon approval of a majority vote of all members of the Nevada Silver Haired Legislative Forum who are present and voting.

(Added to NRS by 1997, 2725; A 2001, 3028; 2005, 461)

NRS 427A.395 Duties concerning money received and expenses incurred.

1. All money received by the Nevada Silver Haired Legislative Forum must be deposited in a bank, credit union or other financial institution in this state and paid out on its order for its expenses.

2. All expenses incurred by the Nevada Silver Haired Legislative Forum in carrying out the provisions of NRS 427A.320 to 427A.400, inclusive, must be paid from an account established pursuant to subsection 1.

(Added to NRS by 2001, 3026)

NRS 427A.400 Compensation of members. Within the limits of legislative appropriations, and any gifts, grants and donations, each member of the Nevada Silver Haired Legislative Forum is entitled to receive for attendance at a meeting of the Nevada Silver Haired Legislative Forum or a committee thereof the per diem allowance and travel expenses provided for state officers and employees generally.

(Added to NRS by 1997, 2726; A 2001, 3028)

PROPERTY TAX ASSISTANCE FOR SENIOR CITIZENS

NRS 427A.450 Legislative findings and declaration. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.455 Definitions. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.460 “Claim” defined. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.465 “Claimant” defined. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.470 “Home” defined. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.475 “Household” defined. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.480 “Household income” defined. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.485 “Income” defined. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.490 “Lot” defined. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.495 “Property taxes accrued” defined. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.500 “Rent” defined. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.505 “Senior citizen” defined. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.510 Determination of which member of household is claimant. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.515 Homeowner’s refund: Entitlement; limitation. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.520 Renter’s refund: Entitlement; limitation. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.522 Calculation of homeowner’s refund and renter’s refund. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.525 Rent deemed to constitute accrued property tax. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.530 Filing of claims with county assessor; processing of claim. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.535 Action by Division on claim. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.540 Disallowance of claim. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.545 Eligibility unaffected by receipt of other assistance if claim for exemption filed; assessed valuation reduced by amount of exemption. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.550 Division may expend money from Senior Citizens’ Property Tax Assistance Account for audit of claims processed by county assessor. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.555 Multiple claims prohibited. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.560 Survival of right to assistance on death of claimant. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.565 Revocation of grant of assistance for improper claim; restitution. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.570 Claim to be disallowed and refund to be repaid with penalty if property acquired to obtain benefits. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.575 Excessive or fraudulent claim; penalty. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.580 Penalty for false statement or use of fraudulent device. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.585 Administrative and judicial review. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.590 Administration by Division; regulations. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.595 Senior Citizens’ Property Tax Assistance Account: Purposes; use. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

NRS 427A.600 Disclosure of personal or confidential information prohibited. Repealed. (See chapter 391, Statutes of Nevada 2011, at page 2468.)

INTERMEDIARY SERVICE ORGANIZATIONS

NRS 427A.701 Authority to provide services.

1. An intermediary service organization that is certified pursuant to NRS 427A.701 to 427A.745, inclusive, may provide services for a person with a disability or other responsible person relating to personal assistance received by the person with a disability. The services that may be provided by an intermediary service organization include, without limitation:

(a) Obtaining a criminal background check of a personal assistant selected by the person with a disability or other responsible person to provide nonmedical services and any medical services authorized pursuant to NRS 629.091;

(b) Providing payroll services to pay the personal assistant and determine any tax liability;

(d) Providing any other services relating to the employment of a personal assistant and any other financial assistance relating to the personal assistance for the person with a disability.

2. As used in this section:

(a) “Other responsible person” means:

(1) A parent or guardian of, or any other person legally responsible for, a person with a disability who is under the age of 18 years; or

(2) A parent, spouse, guardian or adult child of a person with a disability who suffers from a cognitive impairment.

(b) “Personal assistance” means the provision of any goods or services to help a person with a disability maintain his or her independence, personal hygiene and safety, including, without limitation, the provision of services by a personal assistant.

(c) “Personal assistant” means a person who, for compensation and under the direction of a person with a disability or other responsible person, performs services for a person with a disability to help the person maintain his or her independence, personal hygiene and safety.

(Added to NRS by 2009, 2386)

NRS 427A.703 Certificate required; penalty.

1. A person shall not operate or maintain in this State an intermediary service organization without first obtaining a certificate therefor as provided in NRS 427A.701 to 427A.745, inclusive.

2. A person who violates the provisions of this section is guilty of a misdemeanor.

(Added to NRS by 2009, 2386)

NRS 427A.705 Application for certificate: Contents. Any person wishing to obtain a certificate pursuant to the provisions of NRS 427A.701 to 427A.745, inclusive, must file with the Division an application on a form prescribed, prepared and furnished by the Division, containing:

1. The name of the applicant and, if a natural person, whether the applicant has attained the age of 21 years.

2. The location of the intermediary service organization.

3. The name of the person in charge of the intermediary service organization.

4. Such other information as may be required by the Division for the proper administration and enforcement of NRS 427A.701 to 427A.745, inclusive.

5. Evidence satisfactory to the Division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof, and the person in charge of the intermediary service organization for which application is made.

6. Evidence satisfactory to the Division of the ability of the applicant to comply with the provisions of NRS 427A.701 to 427A.745, inclusive, and the standards and regulations adopted by the Division.

(Added to NRS by 2009, 2386)

(Added to NRS by 2009, 2387; A 2011, 117)

1. An applicant for the issuance or renewal of a certificate as an intermediary service organization must submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Division shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or

(b) A separate form prescribed by the Division.

3. A certificate as an intermediary service organization may not be issued or renewed by the Division if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 2009, 2387; A 2011, 117)

NRS 427A.711 Application for certificate: Fee. Each application for a certificate must be accompanied by such fee as may be determined by regulation of the Division. The Division may, by regulation, allow or require payment of a fee for a certificate in installments and may fix the amount of each payment and the date on which the payment is due.

(Added to NRS by 2009, 2387)

NRS 427A.713 Certificate: Issuance; nontransferability.

1. The Division shall issue the certificate to the applicant if, after investigation, the Division finds that the:

(a) Applicant is in full compliance with the provisions of NRS 427A.701 to 427A.745, inclusive; and

(b) Applicant is in substantial compliance with the standards and regulations adopted by the Division.

2. A certificate applies only to the person to whom it is issued and is not transferable.

(Added to NRS by 2009, 2387)

NRS 427A.715 Certificate: Form; contents. Each certificate issued by the Division pursuant to NRS 427A.701 to 427A.745, inclusive, must be in the form prescribed by the Division and must contain:

1. The name of the person or persons authorized to operate the intermediary service organization;

2. The location of the intermediary service organization; and

3. The services offered by the intermediary service organization.

(Added to NRS by 2009, 2387)

NRS 427A.717 Certificate: Expiration and renewal.

1. Each certificate issued pursuant to NRS 427A.701 to 427A.745, inclusive, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 427A.711 unless the Division finds, after an investigation, that the intermediary service organization has not satisfactorily complied with the provisions of NRS 427A.701 to 427A.745, inclusive, or the standards and regulations adopted by the Division.

2. Each reapplication for an intermediary service organization must include, without limitation, a statement that the organization is in compliance with the provisions of NRS 427A.735 to 427A.741, inclusive.

(Added to NRS by 2009, 2388)

NRS 427A.719 Certificate: Grounds for denial, suspension or revocation. The Division may deny an application for a certificate or may suspend or revoke any certificate issued under the provisions of NRS 427A.701 to 427A.745, inclusive, upon any of the following grounds:

1. Violation by the applicant or the holder of a certificate of any of the provisions of NRS 427A.701 to 427A.745, inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

2. Aiding, abetting or permitting the commission of any illegal act.

3. Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the operation of an intermediary service organization.

4. Conduct or practice detrimental to the health or safety of a person under contract with or employees of the intermediary service organization.

(Added to NRS by 2009, 2388)

1. If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate to operate an intermediary service organization, the Division shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Division shall reinstate a certificate to operate an intermediary service organization that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 2009, 2388; A 2011, 117)

NRS 427A.723 Provisional certificate.

1. The Division may cancel the certificate of an intermediary service organization and issue a provisional certificate, effective for a period determined by the Division, to the intermediary service organization if the intermediary service organization:

(a) Is in operation at the time of the adoption of standards and regulations pursuant to the provisions of NRS 427A.701 to 427A.745, inclusive, and the Division determines that the intermediary service organization requires a reasonable time under the particular circumstances within which to comply with the standards and regulations; or

(b) Has failed to comply with the standards or regulations and the Division determines that the intermediary service organization is in the process of making the necessary changes or has agreed to make the changes within a reasonable time.

2. The provisions of subsection 1 do not require the issuance of a certificate or prevent the Division from refusing to renew or from revoking or suspending any certificate if the Division deems such action necessary for the health and safety of a person for whom the intermediary service organization provides services.

(Added to NRS by 2009, 2388)

NRS 427A.725 Deposit of money received from certification; expenses of Division to enforce provisions.

1. Money received from the certification of intermediary service organizations:

(a) Must be forwarded to the State Treasurer for deposit in the State Treasury;

(b) Must be accounted for separately in the State General Fund; and

2. The Division shall enforce the provisions of NRS 427A.701 to 427A.745, inclusive, and may incur any necessary expenses not in excess of money appropriated for that purpose by the State or received from the Federal Government.

(Added to NRS by 2009, 2389)

NRS 427A.727 Duties and powers of Division.

1. The Division shall adopt regulations governing the certification of intermediary service organizations and such other regulations as it deems necessary to carry out the provisions of NRS 427A.701 to 427A.745, inclusive.

2. The Division may:

(a) Upon receipt of an application for a certificate, conduct an investigation into the qualifications of personnel, methods of operation and policies and purposes of any person proposing to engage in the operation of an intermediary service organization.

(b) Upon receipt of a complaint against an intermediary service organization, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of personnel, methods of operation and policies, procedures and records of that intermediary service organization or any other intermediary service organization which may have information pertinent to the complaint.

(c) Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 427A.701 to 427A.745, inclusive.

(Added to NRS by 2009, 2389; A 2011, 117)

NRS 427A.729 Administrative sanctions: Imposition by Division; consequences of failure to pay; use of money collected.

1. If an intermediary service organization violates any provision related to its certification, including, without limitation, any provision of NRS 427A.701 to 427A.745, inclusive, or any condition, standard or regulation adopted by the Division, the Division, in accordance with the regulations adopted pursuant to NRS 427A.731, may, as it deems appropriate:

(a) Prohibit the intermediary service organization from providing services pursuant to NRS 427A.701 until it determines that the intermediary service organization has corrected the violation;

(b) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

(c) Appoint temporary management to oversee the operation of the intermediary service organization and to ensure the health and safety of the persons for whom the intermediary service organization performs services, until:

(1) It determines that the intermediary service organization has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

(2) Improvements are made to correct the violation.

2. If the intermediary service organization fails to pay any administrative penalty imposed pursuant to paragraph (b) of subsection 1, the Division may:

(a) Suspend the certificate of the intermediary service organization until the administrative penalty is paid; and

(b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

3. The Division may require any intermediary service organization that violates any provision of NRS 427A.701 to 427A.745, inclusive, or any condition, standard or regulation adopted by the Division, to make any improvements necessary to correct the violation.

4. Any money collected as administrative penalties pursuant to this section must be accounted for separately and used to protect the health or property of the persons for whom the intermediary service organization performs services in accordance with applicable federal standards.

(Added to NRS by 2009, 2389)

NRS 427A.731 Administrative sanctions: Regulations. The Division shall adopt regulations establishing the criteria for the imposition of each sanction prescribed by NRS 427A.729. These regulations must:

1. Prescribe the circumstances and manner in which each sanction applies;

2. Minimize the time between identification of a violation and the imposition of a sanction;

3. Provide for the imposition of incrementally more severe sanctions for repeated or uncorrected violations; and

4. Provide for less severe sanctions for lesser violations of applicable state statutes, conditions, standards or regulations.

(Added to NRS by 2009, 2390)

NRS 427A.733 Notice by Division of disciplinary action; exception; appeal.

1. When the Division intends to deny, suspend or revoke a certificate or impose any sanction prescribed by NRS 427A.729, the Division shall give reasonable notice to the holder of the certificate by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. Notice is not required if the Division finds that the public health requires immediate action. In that case, the Division may order a summary suspension of a certificate or impose any sanction prescribed by NRS 427A.729, pending proceedings for revocation or other action.

2. If a person wants to contest the action of the Division, the person must file an appeal pursuant to regulations adopted by the Division.

3. Upon receiving notice of an appeal, the Division shall hold a hearing pursuant to regulations adopted by the Division.

4. The Division shall adopt such regulations as are necessary to carry out the provisions of this section.

(Added to NRS by 2009, 2390)

NRS 427A.735 Initial and periodic investigations of criminal history of employee or independent contractor.

1. Except as otherwise provided in subsection 2, within 10 days after hiring an employee or entering into a contract with an independent contractor, the holder of a certificate to operate an intermediary service organization shall:

(a) Obtain a written statement from the employee or independent contractor stating whether he or she has been convicted of any crime listed in subsection 1 of NRS 427A.741;

(b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

(c) Obtain from the employee or independent contractor two sets of fingerprints and a written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

(d) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (c).

2. The holder of a certificate to operate an intermediary service organization is not required to obtain the information described in subsection 1 from an employee or independent contractor who provides proof that an investigation of his or her criminal history has been conducted by the Central Repository for Nevada Records of Criminal History within the immediately preceding 6 months and the investigation did not indicate that the employee or independent contractor had been convicted of any crime set forth in subsection 1 of NRS 427A.741.

3. The holder of a certificate to operate an intermediary service organization shall ensure that the criminal history of each employee or independent contractor who works at or for the intermediary service organization is investigated at least once every 5 years. The holder of the certificate shall:

(a) If the intermediary service organization does not have the fingerprints of the employee or independent contractor on file, obtain two sets of fingerprints from the employee or independent contractor;

(b) Obtain written authorization from the employee or independent contractor to forward the fingerprints on file or obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

4. Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee or independent contractor has been convicted of a crime listed in subsection 1 of NRS 427A.741 and immediately inform the Division and the holder of a certificate to operate the intermediary service organization for which the person works whether the employee or independent contractor has been convicted of such a crime.

5. The Central Repository for Nevada Records of Criminal History may impose a fee upon an intermediary service organization that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The intermediary service organization may recover from the employee or independent contractor not more than one-half of the fee imposed by the Central Repository. If the intermediary service organization requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments.

(Added to NRS by 2009, 2390)

NRS 427A.737 Maintenance and availability of certain records regarding employees and independent contractors. Each intermediary service organization shall maintain accurate records of the information concerning its employees and independent contractors collected pursuant to NRS 427A.735 and shall maintain a copy of the fingerprints submitted to the Central Repository for Nevada Records of Criminal History and proof that it submitted two sets of fingerprints to the Central Repository for its report. These records must be made available for inspection by the Division at any reasonable time, and copies thereof must be furnished to the Division upon request.

(Added to NRS by 2009, 2392)

NRS 427A.739 Termination of employee or independent contractor required for conviction for certain crimes; reasonable time to correct information; liability of organization.

1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 427A.735, or evidence from any other source, that an employee or independent contractor of an intermediary service organization has been convicted of a crime listed in subsection 1 of NRS 427A.741, the holder of a certificate to operate the intermediary service organization shall terminate the employment or contract of that person after allowing the employee or independent contractor time to correct the information pursuant to subsection 2.

2. If an employee or independent contractor believes that the information provided by the Central Repository is incorrect, the employee or independent contractor may immediately inform the intermediary service organization. An intermediary service organization that is so informed shall give the employee or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.

3. An intermediary service organization that has complied with NRS 427A.735 may not be held civilly or criminally liable based solely upon the ground that the intermediary service organization allowed an employee or independent contractor to work:

(a) Before it received the information concerning the employee or independent contractor from the Central Repository;

(b) During any period required pursuant to subsection 2 to allow the employee or independent contractor to correct that information;

(c) Based on the information received from the Central Repository, if the information received from the Central Repository was inaccurate; or

(d) Any combination thereof.

Ê An intermediary service organization may be held liable for any other conduct determined to be negligent or unlawful.

(Added to NRS by 2009, 2392)

NRS 427A.741 Additional grounds for denial, suspension or revocation of certificate. In addition to the grounds listed in NRS 427A.719, the Division may deny a certificate to operate an intermediary service organization to an applicant or may suspend or revoke the certificate of a holder of a certificate to operate an intermediary service organization if:

1. The applicant or holder of a certificate has been convicted of:

(a) Murder, voluntary manslaughter or mayhem;

(b) Assault with intent to kill or to commit sexual assault or mayhem;

(d) Abuse or neglect of a child or contributory delinquency;

(e) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the past 7 years;

(f) A violation of any provision of NRS 200.5099 or 200.50995;

(g) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; or

(h) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or

2. The holder of a certificate has continued to employ a person who has been convicted of a crime listed in subsection 1.

(Added to NRS by 2009, 2392; A 2011, 2466)

NRS 427A.743 Action to enjoin violations.

1. The Division may bring an action in the name of the State to enjoin any person from operating or maintaining an intermediary service organization within the meaning of NRS 427A.701 to 427A.745, inclusive:

(a) Without first obtaining a certificate therefor; or

(b) After the person’s certificate has been revoked or suspended by the Division.

2. It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain the intermediary service organization without a certificate.

(Added to NRS by 2009, 2393)

NRS 427A.745 Prosecution by district attorney. The district attorney of the county in which an intermediary service organization operates shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provision of NRS 427A.701 to 427A.745, inclusive.

(Added to NRS by 2009, 2393)

SUBCOMMITTEE ON COMMUNICATION SERVICES FOR PERSONS WHO ARE DEAF OR HARD OF HEARING AND PERSONS WITH SPEECH DISABILITIES

1. The Subcommittee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities of the Nevada Commission on Services for Persons with Disabilities is hereby created. The Subcommittee consists of 11 members appointed by the Administrator. The Administrator shall consider recommendations made by the Nevada Commission on Services for Persons with Disabilities and appoint to the Subcommittee:

(a) One member who is employed by the Division and who participates in the administration of the program of this State that provides services to persons with communications disabilities which affect their ability to communicate;

(b) One person who is a member of the Nevada Association of the Deaf;

(d) The Executive Director of the Nevada Telecommunications Association or, in the event of its dissolution, a member who represents the telecommunications industry;

(e) One member who is a consumer of telecommunications relay services;

(f) One member who is a consumer of Communication Access Realtime Translation or realtime captioning;

(g) One member who is a consumer of services provided by a person engaged in the practice of interpreting;

(h) One nonvoting member who is registered with the Division pursuant to NRS 656A.100 to engage in the practice of interpreting in a community setting and holds a certificate issued by the Registry of Interpreters for the Deaf, Inc., or its successor organization;

(i) One nonvoting member who is registered with the Division pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting and has completed the Educational Interpreter Performance Assessment administered by the Boys Town National Research Hospital, or its successor organization, and received a rating of his or her level of proficiency in providing interpreting services at level 4 or 5;

(j) One nonvoting member who is registered with the Division pursuant to NRS 656A.400 to engage in the practice of realtime captioning; and

(k) One member who represents educators in this State and has knowledge concerning the provision of communication services to persons with communications disabilities in elementary, secondary and postsecondary schools and the laws concerning the provision of those services.

2. After the initial term, the term of each member is 3 years. A member may be reappointed.

3. If a vacancy occurs during the term of a member, the Administrator shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

4. The Subcommittee shall:

(a) At its first meeting and annually thereafter, elect a Chair from among its voting members; and

(b) Meet at the call of the Administrator, the Chair of the Nevada Commission on Services for Persons with Disabilities, the Chair of the Subcommittee or a majority of its members as is necessary to carry out its responsibilities.

5. A majority of the voting members of the Subcommittee constitutes a quorum for the transaction of business, and a majority of the voting members of a quorum present at any meeting is sufficient for any official action taken by the Subcommittee.

6. Members of the Subcommittee serve without compensation, except that each member is entitled, while engaged in the business of the Subcommittee, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.

7. A member of the Subcommittee who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that the person may prepare for and attend meetings of the Subcommittee and perform any work necessary to carry out the duties of the Subcommittee in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Subcommittee to make up the time he or she is absent from work to carry out his or her duties as a member of the Subcommittee or use annual vacation or compensatory time for the absence.

8. The Subcommittee may:

(a) Make recommendations to the Nevada Commission on Services for Persons with Disabilities concerning the establishment and operation of programs for persons with communications disabilities which affect their ability to communicate;

(b) Recommend to the Nevada Commission on Services for Persons with Disabilities any proposed legislation concerning persons with communications disabilities which affect their ability to communicate; and

9. The Subcommittee shall make recommendations to the Nevada Commission on Services for Persons with Disabilities concerning the practice of interpreting and the practice of realtime captioning, including, without limitation, the adoption of regulations to carry out the provisions of chapter 656A of NRS.

10. As used in this section:

(a) “Nevada Commission on Services for Persons with Disabilities” means the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211.

(b) “Practice of interpreting” has the meaning ascribed to it in NRS 656A.060.

(d) “Telecommunications relay services” has the meaning ascribed to it in 47 C.F.R. § 64.601.

(Added to NRS by 2009, 2377)

USE OF SIGNATURE STAMPS BY CERTAIN PERSONS WITH PHYSICAL DISABILITIES

NRS 427A.755 Circumstances under which signature stamp may be used; treatment of signature stamps; standards regarding signature stamps; regulations.

1. Except as otherwise provided in subsection 2 and notwithstanding any other provision of law:

(a) A person with a physical disability who, by reason of the physical disability, is unable to write may use a signature stamp to affix his or her signature to a document or writing any time that a signature is required by law; and

(b) A person, government, governmental agency and political subdivision of a government must treat each signature affixed by a person described in paragraph (a) through the use of a signature stamp in the same manner as it treats a signature made in writing.

2. The provisions of subsection 1 do not apply to a document or writing with respect to which the requirement that the document or writing must be signed is accompanied by an additional qualifying requirement unless each additional qualifying requirement is satisfied.

3. The Division shall develop standards regarding signature stamps for persons with physical disabilities who, by reason of their physical disabilities, are unable to write, including, without limitation, standards pertaining to:

(a) The development of a signature stamp;

(b) The use of a signature stamp;

(d) Any other aspect of the use or verification of signature stamps that the Division determines to be necessary.

4. The Division shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations:

(a) To carry out the standards developed by the Division pursuant to subsection 3; and

(b) Concerning the extent to which a person who uses a signature stamp and a person, government, governmental agency and political subdivision of a government which treats a signature stamp as the signature of a person pursuant to this section may incur liability related to the use or treatment of the signature stamp.

5. As used in this section, “signature stamp” means a stamp which contains the impression of:

(a) The actual signature of a person with a physical disability;

(b) A mark or symbol which is adopted by the person with the physical disability; or

(c) A signature of the name of a person with a physical disability which is made by another person and which is adopted by the person with the physical disability.

(Added to NRS by 2009, 2379)

INTERAGENCY ADVISORY BOARD ON TRANSITION SERVICES

NRS 427A.760 Definitions. [Effective through June 30, 2013.] As used in NRS 427A.760 to 427A.780, inclusive, unless the context otherwise requires, the words and terms defined in NRS 427A.762 to 427A.768, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2009, 2380)

NRS 427A.762 “Advisory Board” defined. [Effective through June 30, 2013.] “Advisory Board” means the Interagency Advisory Board on Transition Services created by NRS 427A.770.

(Added to NRS by 2009, 2380)

NRS 427A.764 “Committee” defined. [Effective through June 30, 2013.] “Committee” means the Strategic Plan for People with Disabilities Accountability Committee established by the Director of the Department as required by Executive Order of the Office of the Governor and in response to the long-term strategic plan concerning persons with disabilities developed by the Department pursuant to paragraph (c) of subsection 1 of section 1 of chapter 541, Statutes of Nevada 2001, at page 2705.

(Added to NRS by 2009, 2380)

NRS 427A.766 “State Rehabilitation Council” defined. [Effective through June 30, 2013.] “State Rehabilitation Council” means the State Rehabilitation Council established pursuant to 29 U.S.C. §§ 725 et seq.

(Added to NRS by 2009, 2380)

NRS 427A.768 “Transition services” defined. [Effective through June 30, 2013.] “Transition services” means a coordinated set of activities which:

1. Is designed within a process that is outcome-oriented and which promotes movement of pupils from school to postschool activities, including, without limitation, postsecondary education, vocational training, supported employment, integrated employment, continuing and adult education, adult services, independent living and community participation;

2. Is based on the preferences and interests of the pupil, taking into account the pupil’s needs;

3. Includes, without limitation:

(a) Instruction;

(b) Related services, including, without limitation, vocational and rehabilitative services;

(d) The development of employment objectives and other objectives for living as an adult after the completion of school; and

(e) If appropriate, the acquisition of daily living skills and functional vocational evaluation; and

4. Includes an individual plan for employment for a pupil with a disability who is receiving special education services or other related services, if the individual plan for employment is developed:

(a) In coordination with the plan for the individualized education prepared by the school district pursuant to NRS 395.020, including, without limitation, the goals, objectives and services identified in the plan; and

(b) In accordance with the plans, policies, procedures and terms of an interlocal agreement between the school district of the pupil and the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.

Ê The term includes special education if provided as specially designed instruction or related services and if required to assist a pupil with a disability to benefit from special education.

(Added to NRS by 2009, 2380)

NRS 427A.770 Creation; membership; designation of representative; appointment of members. [Effective through June 30, 2013.]

1. The Interagency Advisory Board on Transition Services is hereby created in the Division.

2. The Advisory Board consists of the following members:

(a) The Administrator of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation;

(b) The Superintendent of Public Instruction;

(c) A representative of the Division of Child and Family Services of the Department, appointed by the Administrator of the Division of Child and Family Services;

(d) A representative of the Division of Mental Health and Developmental Services of the Department, appointed by the Administrator of the Division of Mental Health and Developmental Services;

(e) A member of the Committee, appointed by the Governor;

(f) A member of the Governor’s Workforce Investment Board of the Department of Employment, Training and Rehabilitation, appointed by the Governor;

(g) A representative of the Nevada Disability Advocacy and Law Center, or its successor organization, appointed by the Governor;

(h) A representative of the Nevada P.E.P., Inc., or its successor organization, appointed by the Governor;

(i) A representative of a community-based organization which provides services to persons with physical, cognitive, sensory and mental health disabilities, appointed by the Governor;

(j) A representative of the Nevada System of Higher Education or an entity which provides postsecondary education, vocational training, supported employment services, integrated employment services or continuing and adult education, appointed by the Governor;

(k) A representative of a program of education, including, without limitation, a program of special or vocational education, in a school district in a county whose population is 700,000 or more, appointed by the Governor from a list of persons provided to the Governor by the superintendents of schools in such counties;

(l) A representative of a program of education, including, without limitation, a program of special or vocational education in a school district in a county whose population is 100,000 or more but less than 700,000, appointed by the Governor from a list of persons provided to the Governor by the superintendents of schools in such counties;

(m) A representative of a program of education, including, without limitation, a program of special or vocational education, in a school district in a county whose population is less than 100,000, appointed by the Governor from a list of persons provided to the Governor by the superintendents of schools in such counties;

(n) A person with a disability who has transitioned from a secondary school into the workforce, postsecondary education, vocational training, supported employment, integrated employment, continuing or adult education, adult services, independent living or community participation, appointed by the Governor; and

(o) A parent of a person with a disability who is not younger than 14 years of age or older than 25 years of age, appointed by the Governor.

3. Each member of the Advisory Board who is an officer or employee of the State of Nevada or a local government or agency thereof or a representative of a private entity may designate a representative to serve in his or her place on the Advisory Board or to replace the member at a meeting of the Advisory Board if the person designated has the appropriate knowledge and authority to represent the State of Nevada, local government or agency thereof or private entity, as applicable, and has been approved by the appointing authority.

4. Each appointing authority of a member of the Advisory Board shall:

(a) Solicit recommendations for the appointment of members to the Advisory Board from the Committee; and

(b) Appoint to the Advisory Board persons who represent a broad range of persons with disabilities and entities serving persons with disabilities.

(Added to NRS by 2009, 2381; A 2011, 1252)

NRS 427A.772 Terms and reappointment of members; vacancies. [Effective through June 30, 2013.]

1. The term of each member is 4 years. A member may be reappointed.

2. A vacancy occurring in the membership of the Advisory Board must be filled in the same manner as the original appointment.

(Added to NRS by 2009, 2382)

NRS 427A.774 Appointment of Chair and Vice Chair; meetings; Secretary; regulations; quorum. [Effective through June 30, 2013.]

1. The Advisory Board shall:

(a) At its first meeting and annually thereafter, elect a Chair and Vice Chair from among its voting members; and

(b) Meet throughout each year at the times and places specified by a call of the Chair or a majority of the members of the Advisory Board.

2. The Administrator of the Division or the Administrator’s designee shall act as the nonvoting recording Secretary.

3. The Advisory Board shall prescribe regulations for its own management and government.

4. A majority of the voting members of the Advisory Board constitutes a quorum for the transaction of business, and a majority of the voting members of a quorum present at any meeting is sufficient for any official action taken by the Advisory Board.

(Added to NRS by 2009, 2382)

NRS 427A.776 Members serve without compensation; members entitled to per diem; members holding public office or employed by governmental entity. [Effective through June 30, 2013.]

1. Members of the Advisory Board serve without compensation, except that each member of the Advisory Board is entitled, while engaged in the business of the Advisory Board, to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowance and travel expenses provided to a member of the Advisory Board who is an officer or employee of the State of Nevada or a political subdivision of this State must be paid by the state agency or political subdivision which employs him or her.

2. Each member of the Advisory Board who is an officer or employee of the State of Nevada or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that the member may prepare for and attend meetings of the Advisory Board and perform any work necessary to carry out the duties of the Advisory Board in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Advisory Board to make up the time that he or she is absent from work to carry out his or her duties as a member of the Advisory Board or to use annual vacation or compensatory time for the absence.

(Added to NRS by 2009, 2382)

NRS 427A.778 Powers. [Effective through June 30, 2013.] The Advisory Board may:

1. Study and comment on issues related to transition services for persons with disabilities in this State, including, without limitation:

(a) The implementation of recommendations concerning transition services of the Committee and of the State Rehabilitation Council;

(b) Programs for the provision of transition services to persons with disabilities in this State;

(c) Methods to enhance such programs and to ensure that persons with disabilities are receiving transition services in the most appropriate settings;

(d) Federal and state laws concerning transition services for persons with disabilities;

(e) The availability of useful information and data relating to transition services as needed for the State of Nevada to make decisions effectively, plan budgets and monitor costs and outcomes of transition services provided to persons with disabilities;

(f) Methods to increase the availability of such information and data;

(g) Compliance with federal requirements which affect persons who are receiving transition services;

(h) The extent to which transition services in this State are provided in compliance with:

(1) The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.; and

(2) The Strategic Plan for People with Disabilities developed by the Department pursuant to paragraph (c) of subsection 1 of section 1 of chapter 541, Statutes of Nevada 2001, at page 2705; and

(i) Any other matters that, in the determination of the Advisory Board, affect persons with disabilities who are receiving transition services;

2. Hold a statewide annual meeting to gather information and develop recommendations concerning transition services for persons with disabilities; and

3. Promote the planning, coordination, delivery and evaluation of transition services offered by the State or a local government or agency thereof or any private entity in this State.

(Added to NRS by 2009, 2383)

NRS 427A.780 Annual report. [Effective through June 30, 2013.]

1. On or before July 1 of each year, the Advisory Board shall submit an annual report concerning the provision of transition services to persons with disabilities in this State to:

(a) The Governor;

(b) The Director of the Legislative Counsel Bureau for transmittal to the Legislature;

(d) The State Rehabilitation Council;

(e) The State Board of Education; and

(f) The Department of Education for transmittal to persons within the Department who are working on issues concerning special education.

2. The annual report must include, without limitation:

(a) A list of the members of the Advisory Board;

(b) The dates, agendas and minutes of each of the meetings of the Advisory Board;

(d) A status report concerning transition services from:

(1) The Committee; and

(2) The State Rehabilitation Council;

(e) A summary of the availability and status of transition services in this State and the need for transition services in this State;

(f) Recommendations for legislation relating to transition services;

(g) Recommendations to agencies and officers of the Executive Branch of the State Government relating to transition services; and

(h) Recommendations to providers of community-based services who provide services to persons with disabilities relating to transition services.

(Added to NRS by 2009, 2383)

PROGRAM TO ENABLE PERSONS WITH PHYSICAL DISABILITIES TO LIVE IN UNSUPERVISED SETTING

NRS 427A.791 “Person with a physical disability” defined. As used in NRS 427A.791, 427A.793 and 427A.795, unless the context otherwise requires, “person with a physical disability” means a person with a physical disability that substantially limits the person’s ability to participate and contribute independently in the community in which he or she lives.

(Added to NRS by 2009, 2384)

NRS 427A.793 Establishment; regulations.

1. The Division shall establish a program to provide services for persons with physical disabilities for such essential personal care required pursuant to NRS 427A.795 as is necessary to enable them to live in a noninstitutional or unsupervised residential setting.

2. The Division shall adopt regulations:

(a) Establishing the procedures for applying for services for essential personal care;

(b) Prescribing the criteria for determining the eligibility of an applicant;

(d) Prescribing such other provisions as the Division considers necessary to administer the program.

3. The decision of the Division regarding the eligibility of an applicant is a final decision for the purposes of judicial review.

(Added to NRS by 2009, 2384; A 2011, 2466)

NRS 427A.795 Required elements of essential personal care. The essential personal care for which the Division may provide services for a person with a physical disability pursuant to NRS 427A.793 must include assisting the person with the physical disability in:

1. The elimination of wastes from the body.

2. Dressing and undressing.

3. Bathing and grooming.

4. The preparation and eating of meals.

5. Getting in and out of bed.

6. Repositioning while asleep.

7. The use of prostheses and other medical equipment.

8. Moving about.

(Added to NRS by 2009, 2384; A 2011, 2467)

PROGRAM TO PROVIDE DEVICES FOR TELECOMMUNICATION TO PERSONS WITH IMPAIRED SPEECH OR HEARING

NRS 427A.797 Development and administration; surcharge; creation and use of Account for Services for Persons With Impaired Speech or Hearing.

1. The Division shall develop and administer a program whereby:

(a) Any person who is a customer of a telephone company which provides service through a local exchange or a customer of a company that provides wireless phone service and who is certified by the Division to be deaf or to have severely impaired speech or hearing may obtain a device for telecommunication capable of serving the needs of such persons at no charge to the customer beyond the rate for basic service; and

(b) Any person who is deaf or has severely impaired speech or hearing may communicate by telephone, including, without limitation, a wireless phone, with other persons through a dual-party relay system.

Ê The program must be approved by the Public Utilities Commission of Nevada.

2. A surcharge is hereby imposed on each access line of each customer to the local exchange of any telephone company providing such lines in this State and on each personal wireless access line of each customer of any company that provides wireless phone services in this State which is sufficient to:

(a) Cover the costs of the program;

(b) Fund the centers for persons who are deaf or hard of hearing operated by this State; and

(c) Cover the costs incurred by the Division to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Division pursuant to NRS 656A.800.

Ê The Commission shall establish by regulation the amount to be charged. Those companies shall collect the surcharge from their customers and transfer the money collected to the Commission pursuant to regulations adopted by the Commission.

3. The Account for Services for Persons With Impaired Speech or Hearing is hereby created within the State General Fund and must be administered by the Division. Any money collected from the surcharge imposed pursuant to subsection 2 must be deposited in the State Treasury for credit to the Account. The money in the Account may be used only:

(a) For the purchase, maintenance, repair and distribution of the devices for telecommunication, including the distribution of devices to state agencies and nonprofit organizations;

(b) To establish and maintain the dual-party relay system;

(c) To reimburse telephone companies and companies that provide wireless phone services for the expenses incurred in collecting and transferring to the Commission the surcharge imposed by the Commission;

(d) For the general administration of the program developed and administered pursuant to subsection 1;

(e) To train persons in the use of the devices;

(f) To fund the centers for persons who are deaf or hard of hearing operated by this State; and

(g) To cover the costs incurred by the Division to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Division pursuant to NRS 656A.800.

4. For the purposes of this section:

(a) “Device for telecommunication” means a device which is used to send messages through the telephone system, including, without limitation, the wireless phone system, which visually displays or prints messages received and which is compatible with the system of telecommunication with which it is being used.

(b) “Dual-party relay system” means a system whereby persons who have impaired speech or hearing, and who have been furnished with devices for telecommunication, may relay communications through third parties to persons who do not have access to such devices.

(Added to NRS by 2009, 2384)

TRAUMATIC BRAIN INJURIES

NRS 427A.800 “Traumatic brain injury” defined. As used in NRS 427A.800 to 427A.860, inclusive, “traumatic brain injury” means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:

1. A cerebral vascular accident;

2. An aneurism; or

3. A congenital defect.

(Added to NRS by 2009, 2393)

NRS 427A.810 Duties of Division. The Division shall:

1. Establish and maintain a system for the reporting of information relating to persons with traumatic brain injuries; and

2. Adopt regulations which prescribe the information which must be reported to the Division and the procedure for reporting that information.

(Added to NRS by 2009, 2393)

NRS 427A.820 Hospitals required to report information relating to persons with traumatic brain injuries to Division; penalty.

1. The chief administrative officer of each hospital in this State shall submit to the Division the information required by the regulations adopted pursuant to NRS 427A.810.

2. Any person who violates this section is guilty of a misdemeanor.

(Added to NRS by 2009, 2393)

NRS 427A.830 Liability for disclosure of information in bad faith or with malicious purpose. A person who provides information to the Division pursuant to NRS 427A.810 may not be held liable in a civil or criminal action for disclosing confidential information unless the person has done so in bad faith or with malicious purpose.

(Added to NRS by 2009, 2393)

NRS 427A.840 Subcommittee on Traumatic Brain Injuries: Creation; appointment of members; terms; Chair; service without compensation; payment of per diem; powers.

1. The Subcommittee on Traumatic Brain Injuries of the Nevada Commission on Services for Persons with Disabilities, consisting of 11 members, is hereby created.

2. The Nevada Commission on Services for Persons with Disabilities may make recommendations to the Administrator for the appointment of persons to the Subcommittee. The Administrator shall appoint to the Subcommittee:

(a) One member who is an employee of the Division.

(b) One member who is an employee of the Division of Health Care Financing and Policy of the Department and participates in the administration of the state program providing Medicaid.

(d) One member who represents the interests of educators in this State.

(e) One member who is a person professionally qualified in the field of psychiatric mental health.

(f) Two members who are employees of private providers of rehabilitative health care located in this State.

(g) One member who represents persons who operate community-based programs for head injuries in this State.

(h) One member who represents hospitals in this State.

(i) Two members who represent the recipients of health care in this State.

3. After the initial appointments, each member of the Subcommittee serves a term of 3 years.

4. The Subcommittee shall elect one of its members to serve as Chair.

5. Members of the Subcommittee:

(a) Serve without compensation; and

(b) If provided for in the budget of the Division, while engaged in the business of the Subcommittee, are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

6. The Subcommittee may:

(a) Make recommendations to the Nevada Commission on Services for Persons with Disabilities relating to the establishment and operation of any program for persons with traumatic brain injuries.

(b) Make recommendations to the Nevada Commission on Services for Persons with Disabilities concerning proposed legislation relating to traumatic brain injuries.

(d) Apply for grants.

(e) Accept and expend any money made available to the Subcommittee by gift, grant, donation or bequest.

7. As used in this section:

(a) “Nevada Commission on Services for Persons with Disabilities” means the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211.

(b) “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.

(Added to NRS by 2009, 2393)

NRS 427A.850 Program for Persons With Traumatic Brain Injuries: Establishment; services.

1. The Division shall establish a Program for Persons With Traumatic Brain Injuries.

2. The Program may, subject to legislative appropriation, provide:

(a) The following services to persons with traumatic brain injuries:

(1) Treatment during the day on an outpatient basis;

(2) Care provided in a facility operated and maintained to furnish food, shelter, assistance and limited supervision;

(3) Care provided in the home;

(4) Instruction in the skills required for independent living;

(5) Placement for jobs; and

(6) Counseling and treatment for the abuse of drugs or alcohol.

(b) Support services for families of persons with traumatic brain injuries.

(Added to NRS by 2009, 2394)

NRS 427A.860 Regulations. The Division shall adopt regulations concerning the care of persons with traumatic brain injuries. The Division shall, in adopting the regulations, consider the criteria established by the Commission on Accreditation of Rehabilitation Facilities or its successor for the care of such persons.

(Added to NRS by 2009, 2394)

STATEWIDE ALERT SYSTEM FOR THE SAFE RETURN OF MISSING ENDANGERED OLDER PERSONS

NRS 427A.862 Definitions. As used in NRS 427A.862 to 427A.870, inclusive, unless the context otherwise requires, the words and terms defined in NRS 427A.863 to 427A.866, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2011, 829)

NRS 427A.863 “Department” defined. “Department” means the Department of Public Safety.

(Added to NRS by 2011, 829)

NRS 427A.864 “Media outlet” defined. “Media outlet” means a company or other similar entity that transmits news, feature stories, entertainment or other information to the public through various distribution channels, including, without limitation, newspapers, magazines, radio, broadcast, cable and satellite television and electronic media.

(Added to NRS by 2011, 829)

NRS 427A.865 “Missing endangered older person” defined. “Missing endangered older person” means a person who is 60 years of age or older whose whereabouts are unknown and who:

1. Has been diagnosed with a medical or mental health condition that places the person in danger of serious physical harm or death; or

2. Is missing under suspicious or unexplained circumstances that place the person in danger of serious physical harm or death.

(Added to NRS by 2011, 829)

NRS 427A.866 “System” defined. “System” means the Statewide Alert System for the Safe Return of Missing Endangered Older Persons created by NRS 427A.867.

(Added to NRS by 2011, 830)

NRS 427A.867 Creation; composition; administration; requirements for participation in System.

1. There is hereby created the Statewide Alert System for the Safe Return of Missing Endangered Older Persons, which is composed of a voluntary partnership among the Department of Public Safety, the Department of Transportation, state law enforcement agencies, local law enforcement agencies, media outlets and other public or private organizations to assist in the search for and safe return of missing endangered older persons. The Department of Public Safety shall administer the System within the limits of available money.

2. Each law enforcement agency, media outlet and public or private organization that chooses to participate in the System shall comply with the provisions of NRS 427A.862 to 427A.870, inclusive, and any requirements prescribed by the Department for participation in the System.

3. Each law enforcement agency that chooses to participate in the System shall:

(a) Adopt a written policy concerning activation of the System by the agency that is consistent with the provisions of NRS 427A.862 to 427A.870, inclusive, and the regulations adopted by the Department pursuant to NRS 427A.868; and

(b) Submit a copy of the written policy to the Department.

(Added to NRS by 2011, 830)

NRS 427A.868 Duties of Department; regulations.

1. The Department shall:

(a) Develop a plan for carrying out the System which includes the components of the System;

(b) Oversee the System;

(d) Monitor, review and evaluate the activations of the System to determine whether such activations complied with the provisions of NRS 427A.862 to 427A.870, inclusive; and

(e) Conduct periodic tests of the System.

2. The Department may:

(a) Dedicate the System to one or more persons;

(b) Establish a name for the System that is in addition to the definition set forth in NRS 427A.866;

(c) Identify and apply for federal funding available to carry out the provisions of NRS 427A.862 to 427A.870, inclusive; and

(d) Accept gifts, grants and donations for use in carrying out the provisions of NRS 427A.862 to 427A.870, inclusive.

3. The Department shall, in consultation with representatives of the Department of Transportation, the Nevada Sheriffs’ and Chiefs’ Association, the Nevada Broadcasters Association, media outlets that participate in the System and any other public or private organization that participates in the System, adopt regulations to carry out the provisions of NRS 427A.862 to 427A.870, inclusive.

(Added to NRS by 2011, 830)

1. A law enforcement agency which has jurisdiction over the investigation of a missing endangered older person may activate the System to disseminate a notice on behalf of the missing endangered older person if the law enforcement agency has:

(a) Confirmed that the whereabouts of the missing endangered older person are unknown;

(b) Confirmed either that the missing endangered older person:

(1) Has been diagnosed with a medical or mental health condition that places the missing endangered older person in danger of serious physical harm or death; or

(2) Is missing under suspicious or unexplained circumstances that place the person in danger of serious physical harm or death; and

(c) Received sufficient descriptive information about the missing endangered older person or other pertinent information to warrant dissemination of the information.

2. Before activation of the System on behalf of a missing endangered older person, the law enforcement agency shall determine whether the dissemination of information will encompass:

(a) A particular neighborhood, city, county, region or state; or

(b) More than one neighborhood, city, county, region or state.

3. A law enforcement agency is not required to obtain the prior consent of the Department before activating the System, but the Department may review an activation of the System after the activation is complete.

4. A law enforcement agency that activates the System shall notify the Department and all participating members of the System upon cancellation of the activation and shall report the final disposition of the search for the missing endangered older person to the Department.

(Added to NRS by 2011, 830)

1. If a media outlet or any other public or private organization that participates in the System receives a notification of activation of the System by a law enforcement agency concerning a missing endangered older person and as a result of that notification disseminates descriptive information concerning the missing endangered older person and other information contained in the notification to assist with the safe return of the missing endangered older person, the media outlet, public or private organization and any person working for the media outlet or public or private organization is immune from civil liability based upon the dissemination of that information.

2. If a person enters into an agreement with the Department to establish or maintain an Internet website for the System and the agreement provides that only the law enforcement agency activating the System has the authority or ability to place information on the website, the person who establishes or maintains the Internet website is immune from civil liability in any action based upon the information that is placed on the Internet website by the authorized law enforcement agency.

(Added to NRS by 2011, 831)

SERVICES FOR CERTAIN PERSONS WITH AUTISM SPECTRUM DISORDERS

1. The Division, in cooperation and guidance with the Department of Education, representatives of the school districts in this State and the Nevada Autism Task Force created by section 40 of chapter 348, Statutes of Nevada 2007, or its successor organization, shall prescribe by regulation a statewide standard for measuring outcomes and assessing and evaluating persons with autism spectrum disorders through the age of 21 years who receive services through the State or a local government or an agency thereof. The regulations must designate a protocol based upon accepted best practices guidelines which includes at least one standardized assessment instrument that requires direct observation by the professional conducting the assessment for determining whether a person is a person with autism spectrum disorder, which must be used by personnel employed by the State or a local government or an agency thereof who provide assessments, interventions and diagnoses of persons with autism spectrum disorders through the age of 21 years and by the persons with whom the State or a local government or an agency thereof contracts to provide assessments, interventions and diagnoses of persons with autism spectrum disorders through the age of 21 years. The protocol must require that the direct observation conducted by a professional pursuant to this subsection include, without limitation, an evaluation to measure behaviors of the person which are consistent with autism spectrum disorder, cognitive functioning, language functioning and adaptive functioning.

2. The protocol designated pursuant to subsection 1 must be used upon intake of a person suspected of having autism spectrum disorder or at any later time if a person is suspected of having autism spectrum disorder after intake. The results of an assessment must be provided to the parent or legal guardian of the person, if applicable.

3. The Division shall prescribe the form and content of reports relating to persons with autism spectrum disorders through the age of 21 years that must be reported to the Division pursuant to NRS 388.483, 442.760 and 615.205. Except as otherwise provided in NRS 388.483, the Division shall ensure that the information is reported in a manner which:

(a) Allows the Division to document the services provided to and monitor the progress of each person with autism spectrum disorder through the age of 21 years who receives services from the State or an agency thereof; and

(b) Ensures that information reported for each person who receives services which identifies the person is kept confidential, consistent with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any other applicable state and federal privacy laws.

4. The Division shall prepare annually a summary of the reports submitted pursuant to NRS 388.483, 442.760 and 615.205 and make the summary publicly available. The Division shall ensure that information contained in the summary does not identify a person who received services.

(Added to NRS by 2011, 2703, 2713)

1. There is hereby established the Autism Treatment Assistance Program within the Division to serve as the primary autism program within the Department and to provide and coordinate the provision of services to persons with autism spectrum disorders through the age of 19 years.

2. The Autism Treatment Assistance Program shall:

(a) Prescribe an application process for parents and guardians of persons with autism spectrum disorders to participate in the Program.

(b) Provide for the development of a plan of treatment for persons who participate in the Program.

(c) Promote the use of evidence-based treatments which are cost effective and have been proven to improve treatment of autism spectrum disorders.

(d) Educate parents and guardians of persons with autism spectrum disorders on autism spectrum disorders and the assistance that may be provided by the parent or guardian to improve treatment outcomes.

(e) Establish and use a system for assessing persons with autism spectrum disorders to determine a baseline to measure the progress of and prepare a plan for the treatment of such persons.

(f) Assist parents and guardians of persons with autism spectrum disorders in obtaining public services that are available for the treatment of autism spectrum disorders.

3. A plan of treatment developed for a person who participates in the Program pursuant to paragraph (b) of subsection 2 must:

(a) Identify the specific behaviors of the person to be addressed and the expected outcomes.

(b) Include, without limitation, preparations for transitioning the person from one provider of treatment to another or from one public program to another, as the needs of the person require through the age of 19 years.

4. The policies of the Autism Treatment Assistance Program and any services provided by the Program must be developed in cooperation with and be approved by the Nevada Autism Task Force created by section 40 of chapter 348, Statutes of Nevada 2007, or its successor organization.

5. As used in this section, “autism spectrum disorder” means a neurobiological medical condition including, without limitation, autistic disorder, Asperger’s Disorder and Pervasive Developmental Disorder Not Otherwise Specified.

(Added to NRS by 2011, 2704, 2714)