[Rev. 11/21/2013 11:38:22 AM--2013]

CHAPTER 433C - COMMUNITY MENTAL HEALTH PROGRAMS

NRS 433C.110        Purposes of chapter.

NRS 433C.120        Definitions.

NRS 433C.130        Responsibility of Department for developing and administering preventive and other services for mental health.

NRS 433C.140        Administration by Division; standards and regulations governing county programs.

NRS 433C.150        Power of county to establish program.

NRS 433C.160        County mental health advisory board: Composition; terms of members.

NRS 433C.170        County board: Duties.

NRS 433C.180        County director: Appointment.

NRS 433C.190        County director: Duties.

NRS 433C.200        Establishment of joint community programs by counties.

NRS 433C.210        Agreement for joint program: Provisions.

NRS 433C.220        Provisions of chapter applicable to joint programs.

NRS 433C.230        Contract with hospital, clinic, laboratory or other institution.

NRS 433C.240        Expenses: Charge against county.

NRS 433C.250        Legislative appropriations; payment of claims.

NRS 433C.260        Reimbursement by State for expenditures by county.

NRS 433C.270        Services included in county program.

NRS 433C.280        Eligibility for reimbursement: Requirements.

NRS 433C.290        Reimbursement for expenditures for certain items; investigation and audit of expenditures.

NRS 433C.300        Amount of reimbursement; disbursements through Division.

NRS 433C.310        Reimbursement for joint programs.

NRS 433C.320        Expenditures subject to reimbursement; reimbursement prohibited for certain expenditures.

NRS 433C.330        Claims for reimbursement.

NRS 433C.340        Fees charged according to ability to pay; limitation.

NRS 433C.350        Nevada Conference of County Community Mental Health Programs: Establishment; organization; meetings; purposes.

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      NRS 433C.110  Purposes of chapter.  The Legislature declares that the purposes of this chapter are:

      1.  To encourage and provide financial assistance to counties in the establishment and development of mental health services, including services to persons with intellectual disabilities and persons with related conditions, through locally controlled community mental health programs.

      2.  To promote the improvement and, if necessary, the expansion of already existing services which help to conserve the mental health of the people of Nevada. It is the intent of this chapter that services to individuals be rendered only upon voluntary application.

      (Added to NRS by 1965, 764; A 1971, 1019; 1975, 1625; 1999, 2603; 2013, 679)—(Substituted in revision for NRS 436.110)

      NRS 433C.120  Definitions.  As used in this chapter, unless the context requires otherwise:

      1.  “County board” means a county mental health advisory board.

      2.  “County director” means the director of a county program.

      3.  “County program” means a county community mental health program.

      4.  “Governing body” means the board of county commissioners.

      5.  “Service” means a mental health service.

      (Added to NRS by 1965, 764; A 1971, 1019; 1975, 1625)—(Substituted in revision for NRS 436.120)

      NRS 433C.130  Responsibility of Department for developing and administering preventive and other services for mental health.  The Department is designated as the official state agency responsible for developing and administering preventive and outpatient mental health services. The Department shall function in the following areas:

      1.  Assisting and consulting with local health authorities in providing community mental health services, which services may include prevention, rehabilitation, case finding, diagnosis and treatment of persons with mental illness, and consultation and education for groups and individuals regarding mental health.

      2.  Coordinating mental health functions with other state agencies.

      3.  Participating in and promoting the development of facilities for training personnel necessary for implementing such services.

      4.  Collecting and disseminating information pertaining to mental health.

      5.  Performing such other acts as are necessary to promote mental health in the State.

      (Added to NRS by 1961, 615; A 1963, 936; 1965, 373; 1969, 925; 2013, 3036)—(Substituted in revision for NRS 436.123)

      NRS 433C.140  Administration by Division; standards and regulations governing county programs.  The Division shall, subject to the supervision of the Commission, administer this chapter. The Commission shall adopt guidelines for county programs and regulations necessary thereto, but these standards and regulations must be adopted only after consultation with and approval of the county director of each program being so administered. These standards and regulations must support and maximize local responsibility for and control of county programs within the framework of general guidelines.

      (Added to NRS by 1971, 1018; A 1973, 1406; 1975, 1626; 1985, 2274)—(Substituted in revision for NRS 436.125)

      NRS 433C.150  Power of county to establish program.  The governing body of any county may by ordinance or resolution establish a county community mental health program which may cover the entire area of the county.

      (Added to NRS by 1965, 764; A 1971, 1019; 1975, 1626)—(Substituted in revision for NRS 436.130)

      NRS 433C.160  County mental health advisory board: Composition; terms of members.

      1.  The county program shall have a county mental health advisory board of 7 to 15 members appointed by the governing body. The composition of the county board shall be representative of providers of mental health services, recipients or consumers of mental health services, agencies and occupations having a working involvement with mental health services and the general public, but such representation need not be in any fixed proportion.

      2.  The term of each member of the advisory board shall be for 3 years, but of the members first appointed approximately one-third shall be appointed for a term of 1 year, one-third for a term of 2 years and one-third for a term of 3 years.

      (Added to NRS by 1965, 764; A 1971, 1019; 1975, 1626)—(Substituted in revision for NRS 436.140)

      NRS 433C.170  County board: Duties.  The county board shall:

      1.  Review and evaluate communities’ needs, services, facilities and special problems in the fields of mental health and intellectual disabilities and related conditions.

      2.  Advise the governing body as to programs of community mental health services and facilities and services to persons with intellectual disabilities and persons with related conditions, and, when requested by the governing body, make recommendation regarding the appointment of a county director.

      3.  After adoption of a program, continue to act in an advisory capacity to the county director.

      (Added to NRS by 1965, 765; A 1975, 1626; 1999, 2604; 2013, 679)—(Substituted in revision for NRS 436.150)

      NRS 433C.180  County director: Appointment.  The county board, with the approval of a majority of the governing body, shall appoint a county director, who must be a person professionally qualified in the field of psychiatric mental health. The choice of appointing a physician or one who is not a physician rests with the county board, and in making such choice the county board shall consider the duties that the county director is expected to perform.

      (Added to NRS by 1965, 765; A 1971, 1019; 1975, 1627)—(Substituted in revision for NRS 436.160)

      NRS 433C.190  County director: Duties.  The county director shall:

      1.  Serve as chief executive officer of the county program and be accountable to the county board.

      2.  Exercise administrative responsibility and authority over the county program and facilities furnished, operated or supported in connection therewith, and over services to persons with intellectual disabilities and persons with related conditions, except as administrative responsibility is otherwise provided for in this title.

      3.  Recommend to the governing body, after consultation with the county board, the providing of services, establishment of facilities, contracting for services or facilities and other matters necessary or desirable to accomplish the purposes of this chapter.

      4.  Submit an annual report to the governing body reporting all activities of the program, including a financial accounting of expenditures and a forecast of anticipated needs for the ensuing year.

      5.  Carry on such studies as may be appropriate for the discharge of his or her duties, including the control and prevention of psychiatric disorders and the treatment of intellectual disabilities and related conditions.

      (Added to NRS by 1965, 765; A 1971, 1020; 1975, 1627; 1999, 2604; 2013, 679)—(Substituted in revision for NRS 436.170)

      NRS 433C.200  Establishment of joint community programs by counties.  The governing body of any county may by agreement with the governing body or bodies of any other county or counties establish joint community mental health programs.

      (Added to NRS by 1965, 765; A 1971, 1020; 1975, 1627)—(Substituted in revision for NRS 436.180)

      NRS 433C.210  Agreement for joint program: Provisions.

      1.  Any agreement between two or more counties for the establishment of joint county programs shall provide:

      (a) That each county shall bear its share of the cost of the joint county program in proportion to the population of each county served.

      (b) That the county treasurer of one participating county shall be the custodian of moneys made available for the purposes of such joint program and that the county treasurer may make payments from such moneys upon warrant of the appropriate officer or body of the county for which he or she is county treasurer.

      2.  Any such agreement may also provide:

      (a) For the joint provision and operation of services and facilities or for the provision and operation of services and facilities by one participating county under contract for the other participating counties.

      (b) For appointments of members of the board for the joint program by the several participating counties.

      (c) That for specified purposes officers and employees of such joint county programs shall be considered to be officers and employees of one participating county only.

      (d) For such other matters as are necessary or proper to effectuate the purposes of this chapter.

      (Added to NRS by 1965, 765; A 1971, 1020; 1975, 1627)—(Substituted in revision for NRS 436.190)

      NRS 433C.220  Provisions of chapter applicable to joint programs.  Unless otherwise expressly provided or required by the context, the provisions of this chapter relating to county community mental health programs and the appointment of county boards or county directors shall apply to joint county programs.

      (Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628)—(Substituted in revision for NRS 436.200)

      NRS 433C.230  Contract with hospital, clinic, laboratory or other institution.  The county director may, with the approval of a majority of the governing body, contract for services and facilities with any hospital, clinic, laboratory or other similar institution.

      (Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628)—(Substituted in revision for NRS 436.210)

      NRS 433C.240  Expenses: Charge against county.  The expenses incurred under the provisions of this chapter shall be a charge against the county and shall be audited, levied, collected and paid in the same manner as other charges.

      (Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628)—(Substituted in revision for NRS 436.220)

      NRS 433C.250  Legislative appropriations; payment of claims.  Except as otherwise provided in this chapter:

      1.  Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the General Fund. Such funds shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      2.  All moneys in any fund available to the Division for carrying out the provisions of this chapter shall be paid out on claims approved by the Administrator as other claims against the State are paid.

      (Added to NRS by 1961, 616; A 1963, 937; 1965, 374, 769; 1969, 925; 1971, 1018; 1975, 1625)—(Substituted in revision for NRS 436.225)

      NRS 433C.260  Reimbursement by State for expenditures by county.  Expenditures made by counties for county programs, including services to persons with intellectual disabilities and persons with related conditions, pursuant to this chapter, must be reimbursed by the State pursuant to NRS 433C.270 to 433C.350, inclusive.

      (Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628; 1999, 2604; 2013, 680)—(Substituted in revision for NRS 436.230)

      NRS 433C.270  Services included in county program.

      1.  A service operated within a county program must be directed to at least one of the following mental health areas:

      (a) Mental illness;

      (b) Intellectual disabilities and related conditions;

      (c) Organic brain and other neurological impairment;

      (d) Alcoholism; and

      (e) Drug abuse.

      2.  A service is any of the following:

      (a) Diagnostic service;

      (b) Emergency service;

      (c) Inpatient service;

      (d) Outpatient or partial hospitalization service;

      (e) Residential, sheltered or protective care service;

      (f) Habilitation or rehabilitation service;

      (g) Prevention, consultation, collaboration, education or information service; and

      (h) Any other service approved by the Division.

      (Added to NRS by 1965, 766; A 1971, 1021; 1975, 1628; 1999, 2604; 2013, 680)—(Substituted in revision for NRS 436.240)

      NRS 433C.280  Eligibility for reimbursement: Requirements.  To be eligible for reimbursement a county, or in the case of joint county programs, two or more counties, shall first:

      1.  Establish one or more of the services provided for in NRS 433C.270. In-service training necessary to providing such services shall be proper items of expenditures subject to state reimbursement.

      2.  Annually submit to the Administrator a plan for proposed expenditures. The Administrator shall review such plan to determine compliance with standards established in this chapter and fix the amount subject to state reimbursement. Existing services may qualify pursuant to the provisions of this chapter for reimbursement upon determination by the county board that such services shall be subject to and administered under the provisions of this chapter.

      (Added to NRS by 1965, 766; A 1971, 1022; 1975, 1629)—(Substituted in revision for NRS 436.250)

      NRS 433C.290  Reimbursement for expenditures for certain items; investigation and audit of expenditures.  Expenditures incurred for the items specified in NRS 433C.270 shall be subject to reimbursement in accordance with the regulations of the Division whether incurred by direct or joint operation of such services, by contracting for such services or by other arrangement pursuant to the provisions of this chapter. The Administrator may make such investigations and audits of such expenditures as the Administrator may deem necessary.

      (Added to NRS by 1965, 767; A 1971, 1022; 1975, 1629)—(Substituted in revision for NRS 436.260)

      NRS 433C.300  Amount of reimbursement; disbursements through Division.

      1.  Money provided by direct legislative appropriation for purposes of reimbursement as provided by NRS 433C.260 to 433C.290, inclusive, must be allotted to the governing body as follows:

      (a) The State shall pay to each county a sum equal to 90 percent of the total proposed expenditures as reflected by the plan of proposed expenditures submitted pursuant to NRS 433C.280 if the county has complied with the provisions of paragraph (b).

      (b) Before payment under this subsection, the governing body of a county must submit evidence to the Administrator that 10 percent of the total proposed expenditures have been raised and budgeted by the county for the establishment or maintenance of a county program.

      2.  All state and federal moneys appropriated or authorized for the promotion of mental health or for services to persons with intellectual disabilities and persons with related conditions in the State of Nevada must be disbursed through the Division in accordance with the provisions of this chapter and rules and regulations adopted in accordance therewith.

      (Added to NRS by 1965, 767; A 1969, 926; 1971, 1022; 1975, 1629; 1999, 2605; 2013, 680)—(Substituted in revision for NRS 436.270)

      NRS 433C.310  Reimbursement for joint programs.  Where counties have established joint county programs, expenditures subject to reimbursement are the prorated expenditures of such counties as provided by the agreement establishing the joint program.

      (Added to NRS by 1965, 767; A 1971, 1023; 1975, 1630)—(Substituted in revision for NRS 436.280)

      NRS 433C.320  Expenditures subject to reimbursement; reimbursement prohibited for certain expenditures.

      1.  Expenditures subject to reimbursement include:

      (a) Expenditures for the items specified in NRS 433C.270;

      (b) Salaries of personnel;

      (c) Approved facilities and services provided through contract;

      (d) Operation, maintenance and service costs; and

      (e) Such other expenditures as may be approved by the Administrator.

      2.  Reimbursement may not be made for:

      (a) Expenditures for capital improvements;

      (b) The purchase or construction of buildings;

      (c) Compensation to members of a county board, except for actual and necessary expenses incurred in the performance of official duties;

      (d) Expenditures for a purpose for which state reimbursement is claimed under any other provision of law;

      (e) Expenditures incurred for court procedures under this or any other provision of law; or

      (f) The cost of confinement of any person in excess of 90 days in any 1 calendar year.

      3.  Reimbursement may not be made to any county or counties which employ a physician in the county program who is not a lawful permanent resident of the United States.

      (Added to NRS by 1965, 767; A 1971, 1023; 1973, 10; 1975, 1630)—(Substituted in revision for NRS 436.290)

      NRS 433C.330  Claims for reimbursement.

      1.  Claims for state reimbursement shall be made in such form, at such times, and for such periods as the Administrator shall determine.

      2.  When certified by the Administrator, claims for state reimbursement shall be presented to the State Board of Examiners.

      (Added to NRS by 1965, 768)—(Substituted in revision for NRS 436.300)

      NRS 433C.340  Fees charged according to ability to pay; limitation.  Fees for mental health services, including services to persons with intellectual disabilities and persons with related conditions, rendered pursuant to an approved county plan must be charged in accordance with ability to pay, but not in excess of actual cost.

      (Added to NRS by 1965, 768; A 1975, 1630; 1999, 2605; 2013, 681)—(Substituted in revision for NRS 436.310)

      NRS 433C.350  Nevada Conference of County Community Mental Health Programs: Establishment; organization; meetings; purposes.

      1.  There is hereby established the Nevada Conference of County Community Mental Health Programs. The Division shall take appropriate steps to effectuate the establishment of the Conference as provided in this section.

      2.  The voting membership of the Conference shall consist of the county director of each county program and one member of the county board of each county program to be chosen by such board. The nonvoting membership of the Conference shall consist of the Administrator and such other employees of the Division as the Administrator shall designate, but such employees shall be not less than two nor more than 15 in number.

      3.  A scheduled meeting of the Conference shall be convened at least once every 6 months. A nonscheduled meeting shall be convened upon the request of two-thirds of the voting membership. Meetings shall be called and chaired by the Administrator or the Administrator’s official designee.

      4.  The Conference may organize itself in such manner and adopt such procedures as it deems appropriate.

      5.  The purpose of the Conference is to serve as an organized forum for the discussion of the following matters:

      (a) Recommendations for rules of the Division to implement this chapter as provided in NRS 433C.140;

      (b) Coordination and integration of county program services and state services; and

      (c) Such other matters as members may bring before the Conference in connection with county programs or the relationship between county programs and the Division.

      6.  A resolution, proclamation, recommendation or similar pronouncement of the Conference does not have any legal effect.

      (Added to NRS by 1965, 768; A 1975, 1631)—(Substituted in revision for NRS 436.320)