NAC: CHAPTER 427A - SERVICES TO AGING PERSONS

[Rev. 1/25/2008 8:54:54 AM]

CHAPTER 427A - SERVICES TO AGING PERSONS

ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE

427A.010 Definitions.

427A.020 Scope and construction.

427A.030 Severability.

427A.040 Deviation from requirements.

427A.050 Communications to hearing officer.

427A.060 Service of documents: Method.

427A.070 Service of documents: Proof.

427A.080 Computation of time.

427A.090 Pleadings: Designation; execution.

427A.100 Pleadings: Filing; availability.

427A.110 Pleadings: Amendment; construction.

427A.120 Complaints: Appointment of investigator; form, contents and filing; notice.

427A.130 Answers to complaints.

427A.140 Hearings: Presiding officer; location; notice.

427A.150 Hearings: Rights of parties.

427A.160 Hearings: Appearance of parties.

427A.170 Hearings: Failure to appear.

427A.180 Hearings: Conduct of persons.

427A.190 Hearings: Preliminary procedure.

427A.200 Hearings: Order of procedure.

427A.210 Hearings: Rules of procedure and evidence.

427A.220 Hearings: Oaths of witnesses.

427A.230 Hearings: Consolidation.

427A.240 Hearings: Continuances.

427A.250 Stipulations of parties.

427A.260 Briefs; setting matter for oral argument.

427A.270 Official notice.

427A.280 Records of formal hearings.

427A.290 Submission of matter for decision.

427A.300 Issuance of decision.

427A.310 Appeal of decision.

COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS

427A.320 Definitions.

427A.3205 “Complainant” defined.

427A.321 “Division” defined.

427A.3215 “Older patient” defined.

427A.322 “Person” defined.

427A.3225 “Respondent” defined.

427A.323 “Specialist” defined.

427A.3235 Scope and construction.

427A.324 Severability.

427A.3245 Deviation from requirements.

427A.325 Communications to Specialist.

427A.3255 Service of documents: Method.

427A.326 Service of documents: Proof.

427A.3265 Computation of time.

427A.327 Pleadings: Designation; execution.

427A.3275 Pleadings: Filing; availability.

427A.328 Pleadings: Amendment; construction.

427A.3285 Complaints: Form, contents and filing.

427A.329 Settlement conferences.

427A.3295 Answers to complaints.

427A.330 Hearings: Presiding officer; location; notice.

427A.3305 Hearings: Rights of parties.

427A.331 Hearings: Appearance of parties.

427A.3315 Hearings: Failure to appear.

427A.332 Hearings: Conduct of persons.

427A.3325 Hearings: Preliminary procedure.

427A.333 Hearings: Order of procedure.

427A.3335 Hearings: Rules of procedure and evidence.

427A.334 Hearings: Oaths of witnesses.

427A.3345 Hearings: Consolidation.

427A.335 Hearings: Continuances.

427A.3355 Stipulations of parties.

427A.336 Briefs; setting matter for oral argument.

427A.3365 Official notice.

427A.337 Records of formal hearings.

427A.3375 Submission of matter for decision.

427A.338 Issuance of decision.

427A.3385 Report of Specialist summarizing proceedings.

427A.339 Case record of hearing; submission and retention of case record and recording.

427A.3395 Appeal of decision.

PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS

General Provisions

427A.350 Definitions.

427A.354 “Asset” defined.

427A.356 “Case management” defined.

427A.358 “Case manager” defined.

427A.364 “Commission” defined.

427A.365 “COPE” defined.

427A.367 “Designated representative” defined.

427A.368 “Division” defined.

427A.372 “Fiscal year” defined.

427A.374 “Income” defined.

427A.378 “Legal representative” defined.

427A.379 “Nursing facility” defined.

427A.3793 “Personal emergency response system” defined.

427A.3797 “Recipient” defined.

427A.380 “Respite care” defined.

427A.381 “Social Services Manager” defined.

427A.3815 “Standarized assessment tool” defined.

427A.383 “Waiver” defined.

427A.384 Designation of representative to act on behalf of recipient.

427A.386 Transfer of case between regions of State.

427A.388 Confidentiality and release of records of recipient.

427A.390 Review and copying of case file of recipient.

Enrollment and Determination of Eligibility

427A.400 Enrollment in Program: Procedure; denial.

427A.402 Eligibility for Program; duties of Division when no provider is available.

427A.404 Evaluation of income and assets of applicant or recipient.

427A.406 Income of applicant or recipient: Limitation; determination; reporting.

427A.408 Income of applicant or recipient: Exclusions.

427A.410 Assets of applicant or recipient: Limitation.

427A.422 Cooperation with Division in determining eligibility; notification of change in circumstances material to eligibility.

427A.424 Provision by recipient of monthly statements of bank accounts; action by Division on information received between reassessments.

Provision of Services

427A.428 Qualifications of case manager.

427A.430 Individual assessment of recipients.

427A.432 Plan of care for recipient: Development and revision; contents; provision of copy to recipient.

427A.436 Periodic reassessment of recipient and reauthorization of services.

427A.438 Duties of case manager.

427A.440 Provision and scope of services under Program.

427A.442 Provision of respite care.

427A.444 Payment by recipient of partial cost of services provided.

427A.450 Procedure when recipient, applicant or person residing with recipient or applicant has communicable disease.

427A.452 Procedure upon placement of recipient in hospital or nursing facility.

427A.454 Reduction of services: Notification of recipient; reasons; request by recipient.

427A.456 Termination of services: Grounds; notification of recipient.

Administrative Review

427A.460 Right of review.

427A.462 Request for review.

427A.464 Preliminary conference for resolution of matter.

427A.466 Appointment and initial duties of reviewing officer; provision of notice; postponement; withdrawal of request; failure to appear.

427A.468 Continuation of services during review.

427A.470 Right to representation.

427A.472 Attendance by case manager; procedure when case manager unable to attend.

427A.474 Disclosure of documents, records and additional relevant information.

427A.476 Conducting of review.

427A.478 Recording of review.

427A.480 Case record of review; submission and retention of case record and recording.

427A.482 Procedure upon review.

427A.484 Decision of reviewing officer.

427A.486 Notification of decision and right to appeal; request for appeal.

427A.488 Report of reviewing officer summarizing proceedings.

SENIOR CITIZENS’ PROPERTY TAX ASSISTANCE

427A.500 Definitions.

427A.505 Eligibility for homeowner’s refund.

427A.510 Determination of member of household who may file claim.

427A.520 Filing of claims: Proof of age and income; income tax returns.

427A.530 Extension of time to file claim.

427A.540 Claimant to retain proof of income received, age, residence and name.

427A.550 Renters refund: Rent deemed to constitute accrued property tax.

ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE

NAC 427A.010 Definitions. (NRS 427A.070, 427A.135, 427A.138) As used in NAC 427A.010 to 427A.310, inclusive, unless the context otherwise requires:

1. “Complainant” means a resident who files a complaint pursuant to NRS 427A.125 to 427A.165, inclusive, or a person who files a complaint on behalf of a resident. The term includes a person claiming retaliation for having filed a complaint, a person who provides information regarding a complaint, and an advocate or the representative of an advocate.

2. “Hearing officer” means the Specialist for the Rights of Elderly Persons or a person designated by him.

3. “Person” means a natural person, partnership, association, corporation or other public or private entity.

4. “Resident” means a resident of a facility for long-term care who is 60 years of age or older.

5. “Respondent” means a person against whom a complaint has been filed.

6. “Specialist for the Rights of Elderly Persons” means the person appointed pursuant to NRS 427A.1232.

(Added to NAC by Aging Services Div., eff. 6-19-90; A by R163-06, 9-18-2007)

NAC 427A.020 Scope and construction. (NRS 427A.070, 427A.135, 427A.138) The provisions of NAC 427A.010 to 427A.310, inclusive:

1. Govern all practice and procedure for a hearing held pursuant to NRS 427A.135 or 427A.138; and

2. Must be liberally construed to secure a just, speedy and economical determination of all issues presented to the hearing officer.

(Added to NAC by Aging Services Div., eff. 6-19-90; A 9-19-90)

NAC 427A.030 Severability. (NRS 427A.070, 427A.135, 427A.138) Each provision of NAC 427A.010 to 427A.310, inclusive, is hereby declared to be severable and the invalidity of any provision does not affect the validity of any other provision.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.040 Deviation from requirements. (NRS 427A.070, 427A.135, 427A.138) In special cases, upon a showing of good cause, the hearing officer may permit deviation from the requirements set forth in NAC 427A.010 to 427A.310, inclusive, if compliance is impractical or unnecessary.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.050 Communications to hearing officer. (NRS 427A.070, 427A.135, 427A.138) Formal written communications and documents must be addressed to the hearing officer and shall be deemed to be received officially only when delivered to the hearing officer.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.060 Service of documents: Method. (NRS 427A.070, 427A.135, 427A.138) Notices, findings of fact, opinions and decisions of the hearing officer, and any document filed by a party, may be served by mail. Service shall be deemed to be complete when a true copy of the document, properly addressed and with postage paid, is deposited with the United States Postal Service.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.070 Service of documents: Proof. (NRS 427A.070, 427A.135, 427A.138) Each document which is required to be served must contain an acknowledgment of service or certificate of mailing.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.080 Computation of time. (NRS 427A.070, 427A.135, 427A.138) The time within which any act required by NAC 427A.010 to 427A.310, inclusive, must be accomplished is computed by excluding the first day and including the last day unless the last day is a Saturday, Sunday or legal holiday, in which case the next business day is the last day of the time limit.

(Added to NAC by Aging Services Div., eff. 6-19-90; A by R163-06, 9-18-2007)

NAC 427A.090 Pleadings: Designation; execution. (NRS 427A.070, 427A.135, 427A.138) Each pleading must be:

1. Designated as a complaint, answer or motion; and

2. Signed by the party submitting it.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.100 Pleadings: Filing; availability. (NRS 427A.070, 427A.135, 427A.138)

1. An original and two legible copies of each pleading must be filed with the hearing officer in all matters before him.

2. The hearing officer may direct that the party who filed a pleading make copies of it available to any other person who has requested copies, if the hearing officer first determines that the person making the request may be affected by the proceeding.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.110 Pleadings: Amendment; construction. (NRS 427A.070, 427A.135, 427A.138) The hearing officer may allow any pleading to be amended or corrected or any omission to be supplied. Pleadings must be liberally construed and defects which do not affect a substantial right of a party must be disregarded.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.120 Complaints: Appointment of investigator; form, contents and filing; notice. (NRS 427A.070, 427A.135, 427A.138)

1. The Administrator of the Aging Services Division of the Department of Health and Human Services shall appoint an investigator to investigate each complaint concerning an alleged violation of NRS 427A.135 or 427A.138.

2. The complaint must be in writing and signed and verified by the complainant, and two copies must be filed with the Specialist for the Rights of Elderly Persons within 1 year after the act complained of was committed.

3. A complaint must be stated with sufficient particularity to enable the respondent to prepare a defense.

4. If, from the complaint, it appears that the charges may be well founded, the Specialist for the Rights of Elderly Persons shall send written notice to the person charged by certified mail at least 20 days before the date set for the hearing. The notice must set forth the charges and the date of the hearing.

(Added to NAC by Aging Services Div., eff. 6-19-90; A 9-19-90; R163-06, 9-18-2007)

NAC 427A.130 Answers to complaints. (NRS 427A.070, 427A.135, 427A.138)

1. A respondent has 10 days after being served a complaint in which to file his answer with the hearing officer.

2. Matters alleged by way of an affirmative defense must be separately stated and numbered.

3. If the respondent fails to answer within 10 days, he shall be deemed to have denied generally the allegations of the complaint, and except with the consent of all opposing parties and the hearing officer, he may not raise any affirmative defense at the hearing.

4. If no answer is filed, the hearing will proceed solely upon the issues set forth in the complaint, unless the hearing is continued to a future date by order of the hearing officer.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.140 Hearings: Presiding officer; location; notice. (NRS 427A.070, 427A.135, 427A.138)

1. A hearing held pursuant to NRS 427A.135 or 427A.138 must be held before the hearing officer.

2. Notice of the place, date and hour of a hearing must be served at least 20 days before the date set for the hearing.

3. A hearing which has previously been continued may be rescheduled with at least 10 days’ notice.

4. Each hearing must be held at a place in the State designated by the hearing officer in the notice of hearing.

(Added to NAC by Aging Services Div., eff. 6-19-90; A 9-19-90; R163-06, 9-18-2007)

NAC 427A.150 Hearings: Rights of parties. (NRS 427A.070, 427A.135, 427A.138) At any hearing, each party may enter appearances, introduce evidence, examine and cross-examine witnesses, make arguments and generally participate in the proceeding.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.160 Hearings: Appearance of parties. (NRS 427A.070, 427A.135, 427A.138) A party may enter an appearance at the beginning of a hearing or at any time designated by the hearing officer by giving his name and address and stating his position or interest to the hearing officer. The appearance must be recorded in the transcript of the hearing.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.170 Hearings: Failure to appear. (NRS 427A.070, 427A.135, 427A.138)

1. If the complainant or the respondent fails to appear at a scheduled hearing and no continuance has been requested or granted, the hearing officer may hear the evidence of witnesses who have appeared and may proceed to consider the matter and dispose of it on the basis of the evidence before him.

2. Any person who fails to appear for a scheduled hearing or to request a continuance because of accident, sickness or other reasonable cause may, within 15 days after the failure, apply to the hearing officer to reopen the proceedings.

3. The hearing officer, upon finding the cause sufficient and reasonable, will immediately fix a time and place for the rescheduled hearing and give notice thereof.

4. At the time and place fixed, a hearing must be held at which the person may testify in his own behalf or present other evidence beneficial to his cause.

5. Witnesses who have previously testified are not required to appear at a second hearing on the same matter unless so directed by the hearing officer.

(Added to NAC by Aging Services Div., eff. 6-19-90; A by R163-06, 9-18-2007)

NAC 427A.180 Hearings: Conduct of persons. (NRS 427A.070, 427A.135, 427A.138) Each party to a hearing, his counsel and all spectators shall conduct themselves in a respectful manner.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.190 Hearings: Preliminary procedure. (NRS 427A.070, 427A.135, 427A.138) The hearing officer will call the proceeding to order, take the appearances and make any introductory remarks. Each party may then make an opening statement.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.200 Hearings: Order of procedure. (NRS 427A.070, 427A.135, 427A.138) Matters must be heard at a hearing in the following order:

1. The opening statements of the complainant and the respondent.

2. The presentation of the case of the complainant, followed by cross-examination.

3. The presentation of the respondent’s case, if any, followed by cross-examination.

4. The rebuttal testimony by the complainant, if any.

5. The rebuttal testimony by the respondent, if any.

6. The closing arguments, in the following order:

(a) The argument of the complainant, if any.

(b) The argument of the respondent.

(Added to NAC by Aging Services Div., eff. 6-19-90; A by R163-06, 9-18-2007)

NAC 427A.210 Hearings: Rules of procedure and evidence. (NRS 427A.070, 427A.135, 427A.138)

1. In conducting a hearing, the hearing officer is not bound by the Nevada Rules of Civil Procedure and no informality in any proceeding or in the manner of taking of testimony invalidates any decision he issues.

2. The Nevada Rules of Civil Procedure may be generally followed, but may be relaxed by the hearing officer if deviation from those rules of evidence will aid in ascertaining the facts.

3. If an objection is made to the admissibility of evidence, the evidence may be received but it is subject to any subsequent ruling of the hearing officer.

4. The hearing officer may exclude inadmissible, incompetent, cumulative or irrelevant evidence.

5. A party objecting to the introduction of evidence shall briefly state the grounds of the objection at the time the evidence is offered.

6. Evidence admitted at hearings must be material and relevant to the issues.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.220 Hearings: Oaths of witnesses. (NRS 427A.070, 427A.135, 427A.138) All testimony to be considered in a hearing must be taken under oath. Before taking the witness stand, each person must swear before the hearing officer to the truthfulness of the testimony he is about to give in the hearing.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.230 Hearings: Consolidation. (NRS 427A.070, 427A.135, 427A.138)

1. The hearing officer may consolidate two or more proceedings into one hearing if it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by consolidation.

2. The hearing officer will determine the order of procedure in a consolidated hearing.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.240 Hearings: Continuances. (NRS 427A.070, 427A.135, 427A.138) The hearing officer may, before or during a hearing, and on a proper showing, grant continuances for submission of further proof of any matter or for any other just cause.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.250 Stipulations of parties. (NRS 427A.070, 427A.135, 427A.138)

1. With the approval of the hearing officer, the parties may stipulate to any fact at issue by a written stipulation introduced in evidence as an exhibit or by oral statements shown upon the record.

2. Any stipulation is binding upon all parties to it, and may be treated as evidence at the hearing.

3. The hearing officer may demand proof by requiring evidence of the facts stipulated.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.260 Briefs; setting matter for oral argument. (NRS 427A.070, 427A.135, 427A.138)

1. The hearing officer may order briefs to be filed and specify a time limit for their filing.

2. Three copies of any requested brief must be filed with the hearing officer in matters before him.

3. Each brief must be accompanied by an acknowledgment of service or a certificate of mailing to other parties of record.

4. Following the filing of briefs and after deciding contested motions, the hearing officer may set the matter for oral argument and give reasonable notice to all parties.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.270 Official notice. (NRS 427A.070, 427A.135, 427A.138) The hearing officer may take official notice of:

1. The rules, regulations, official reports, decisions and orders of any regulatory agency of the State.

2. Matters of common knowledge and established technical or scientific facts.

3. Official documents, if relevant and properly introduced into the record of formal proceedings by reference. A proper and definite reference to the documents must be made by the party offering them and the documents must be published and generally circulated so that the parties in interest may examine the documents and present rebuttal evidence.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.280 Records of formal hearings. (NRS 427A.070, 427A.135, 427A.138) The hearing officer will cause a record to be made of all formal hearings. Any party who wishes to secure a copy of the record may obtain it from the hearing officer upon payment of the proper fee.

(Added to NAC by Aging Services Div., eff. 6-19-90; A by R163-06, 9-18-2007)

NAC 427A.290 Submission of matter for decision. (NRS 427A.070, 427A.135, 427A.138) Unless otherwise ordered, a proceeding stands submitted for decision by the hearing officer after the taking of evidence, the filing of briefs or the presentation of oral argument required by the hearing officer.

(Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.300 Issuance of decision. (NRS 427A.070, 427A.135, 427A.138)

1. The hearing officer will issue a decision not later than 60 days after the hearing.

2. The hearing officer will mail or personally deliver a copy of the decision to the Administrator of the Aging Services Division of the Department of Health and Human Services and each party of record or his representative.

3. Additional copies of the decision may be obtained by making a written request to the hearing officer.

(Added to NAC by Aging Services Div., eff. 6-19-90; A by R163-06, 9-18-2007)

NAC 427A.310 Appeal of decision. (NRS 427A.070, 427A.135, 427A.138) Any person aggrieved by a decision issued pursuant to a hearing held pursuant to NRS 427A.135 or 427A.138 may appeal to the Director of the Department of Health and Human Services whose decision on the appeal is a final decision.

(Added to NAC by Aging Services Div., eff. 6-19-90; A 9-19-90)

COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS

NAC 427A.320 Definitions. (NRS 427A.070, 427A.175) As used in NAC 427A.320 to 427A.3395, inclusive, the words and terms defined in NAC 427A.3205 to 427A.323, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3205 “Complainant” defined. (NRS 427A.070, 427A.175) “Complainant” means an older patient who files a complaint pursuant to NRS 427A.175.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.321 “Division” defined. (NRS 427A.070, 427A.175) “Division” means the Aging Services Division of the Department of Health and Human Services.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3215 “Older patient” defined. (NRS 427A.070, 427A.175) “Older patient” has the meaning ascribed to it in NRS 449.063.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.322 “Person” defined. (NRS 427A.070, 427A.175) “Person” means a natural person, partnership, association, corporation or other public or private entity.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3225 “Respondent” defined. (NRS 427A.070, 427A.175) “Respondent” means a facility, organization or agency against which a complaint has been filed pursuant to NRS 427A.175.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.323 “Specialist” defined. (NRS 427A.070, 427A.175) “Specialist” means the Specialist for the Rights of Elderly Persons appointed pursuant to NRS 427A.1232.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3235 Scope and construction. (NRS 427A.070, 427A.175) The provisions of NAC 427A.320 to 427A.3395, inclusive:

1. Govern all practice and procedure for a complaint filed by an older patient for damage to property pursuant to NRS 427A.175 and for the investigation and hearing of that complaint; and

2. Must be liberally construed to secure a just, speedy and economical determination of all issues presented to the Administrator of the Division and the Specialist.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.324 Severability. (NRS 427A.070, 427A.175) Each provision of NAC 427A.320 to 427A.3395, inclusive, is hereby declared to be severable and the invalidity of any provision does not affect the validity of any other provision.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3245 Deviation from requirements. (NRS 427A.070, 427A.175) In special cases, upon a showing of good cause, the Specialist may permit deviation from the requirements set forth in NAC 427A.320 to 427A.3395, inclusive, if compliance is impractical or unnecessary.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.325 Communications to Specialist. (NRS 427A.070, 427A.175) Formal written communications and documents must be addressed to the Specialist and shall be deemed to be received officially only when delivered to the Specialist.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3255 Service of documents: Method. (NRS 427A.070, 427A.175) Notices, findings of fact, opinions and decisions of the Specialist, and any document filed by a party, may be served by mail. Service shall be deemed to be complete when a true copy of the document, properly addressed and with postage paid, is deposited with the United States Postal Service.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.326 Service of documents: Proof. (NRS 427A.070, 427A.175) Each document that is required to be served must contain an acknowledgment of service or certificate of mailing.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3265 Computation of time. (NRS 427A.070, 427A.175) The time within which any act required by NAC 427A.320 to 427A.3395, inclusive, must be accomplished is computed by excluding the first day and including the last day unless the last day is a Saturday, Sunday or legal holiday, in which case the next business day is the last day of the time limit.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.327 Pleadings: Designation; execution. (NRS 427A.070, 427A.175) Each pleading must be:

1. Designated as a complaint, answer or motion; and

2. Signed by the party submitting it.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3275 Pleadings: Filing; availability. (NRS 427A.070, 427A.175)

1. An original and two legible copies of each pleading must be filed with the Specialist in all matters before him.

2. The Specialist may direct that the party who filed a pleading make copies of it available to any other person who has requested copies, if the Specialist first determines that the person making the request may be affected by the proceeding.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.328 Pleadings: Amendment; construction. (NRS 427A.070, 427A.175) The Specialist may allow any pleading to be amended or corrected or any omission to be supplied. Pleadings must be liberally construed and defects that do not affect a substantial right of a party must be disregarded.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3285 Complaints: Form, contents and filing. (NRS 427A.070, 427A.175)

1. An older patient who wishes to file a complaint pursuant to NRS 427A.175 must file two copies of the complaint with the Division within 1 year after the older patient sustains damage to his property. The complaint must be in writing and signed and verified by the complainant.

2. A complaint must be stated with sufficient particularity to enable the respondent to prepare a defense.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.329 Settlement conferences. (NRS 427A.070, 427A.175)

1. Within 10 days after the Division receives a complaint, the supervisor of the region in which the respondent is located shall contact the complainant or his representative to schedule a settlement conference in accordance with subsection 2 of NRS 427A.175 with the Administrator of the Division or his designee to attempt to resolve the matter without the necessity of a hearing.

2. The Administrator of the Division or his designee shall:

(a) Preside at the conference; and

(b) Complete a report on the outcome of the conference.

3. The conference does not affect the right of the complainant or respondent to a hearing.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3295 Answers to complaints. (NRS 427A.070, 427A.175)

1. A respondent has 10 days after being served a complaint in which to file his answer with the Specialist, regardless of whether a settlement conference is scheduled pursuant to NAC 427A.329.

2. If the respondent fails to answer within 10 days, he shall be deemed to have denied generally the allegations contained in the complaint.

3. If no answer is filed and a hearing is requested pursuant to NAC 427A.330, the hearing will proceed solely upon the issues set forth in the complaint, unless the hearing is continued to a future date by order of the Specialist.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.330 Hearings: Presiding officer; location; notice. (NRS 427A.070, 427A.175)

1. If a settlement is not reached pursuant to subsection 2 of NRS 427A.175 and the complainant or respondent requests a hearing, the hearing must be before the Specialist.

2. Notice of the place, date and hour of a hearing must be served at least 20 days before the date set for the hearing.

3. A hearing which has previously been continued may be rescheduled with at least 10 days’ notice.

4. Each hearing must be held at a place in the State designated by the Specialist in the notice of hearing.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3305 Hearings: Rights of parties. (NRS 427A.070, 427A.175) At any hearing, each party may enter appearances, introduce evidence, examine and cross-examine witnesses, make arguments and generally participate in the proceeding.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.331 Hearings: Appearance of parties. (NRS 427A.070, 427A.175) A party may enter an appearance at the beginning of a hearing or at any time designated by the Specialist by giving his name and address and stating his position or interest to the Specialist. The appearance must be recorded in the transcript of the hearing.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3315 Hearings: Failure to appear. (NRS 427A.070, 427A.175)

1. If the complainant or the respondent fails to appear at a scheduled hearing and no continuance has been requested or granted, the Specialist may hear the evidence of witnesses who have appeared and may proceed to consider the matter and dispose of it on the basis of the evidence before him.

3. The Specialist, upon finding the cause to reopen the proceedings sufficient and reasonable, will immediately fix a time and place for the rescheduled hearing and give notice thereof.

4. At the time and place fixed, a second hearing must be held at which the person who requested the second hearing may testify in his own behalf or present other evidence beneficial to his cause.

5. Witnesses who have previously testified are not required to appear at a second hearing on the same matter unless so directed by the Specialist.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.332 Hearings: Conduct of persons. (NRS 427A.070, 427A.175) Each party to a hearing, his counsel and all spectators shall conduct themselves in a respectful manner.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3325 Hearings: Preliminary procedure. (NRS 427A.070, 427A.175) The Specialist will call the proceeding to order, take the appearances and make any introductory remarks. Each party may then make an opening statement.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.333 Hearings: Order of procedure. (NRS 427A.070, 427A.175) Matters must be heard at a hearing in the following order:

1. The opening statements of the complainant and the respondent.

2. The presentation of the case of the complainant, followed by cross-examination.

3. The presentation of the case of the respondent, if any, followed by cross-examination.

4. The rebuttal testimony by the complainant, if any.

5. The rebuttal testimony by the respondent, if any.

6. The closing arguments, in the following order:

(a) The argument of the complainant.

(b) The argument of the respondent.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3335 Hearings: Rules of procedure and evidence. (NRS 427A.070, 427A.175)

1. In conducting a hearing, the Specialist is not bound by the Nevada Rules of Civil Procedure and an informality in any proceeding or in the manner of taking of testimony does not invalidate any decision the Specialist issues.

2. The Nevada Rules of Civil Procedure may be generally followed, but may be relaxed by the Specialist if deviation from those rules of evidence will aid in ascertaining the facts.

3. If an objection is made to the admissibility of evidence, the evidence may be received but it is subject to any subsequent ruling of the Specialist.

4. The Specialist may exclude inadmissible, incompetent, cumulative or irrelevant evidence.

5. A party objecting to the introduction of evidence shall briefly state the grounds of the objection at the time the evidence is offered.

6. Evidence admitted at hearings must be material and relevant to the issues.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.334 Hearings: Oaths of witnesses. (NRS 427A.070, 427A.175) All testimony to be considered in a hearing must be taken under oath. Before taking the witness stand, each person must swear before the Specialist to the truthfulness of the testimony he is about to give in the hearing.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3345 Hearings: Consolidation. (NRS 427A.070, 427A.175)

1. The Specialist may consolidate two or more proceedings into one hearing if it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by consolidation.

2. The Specialist will determine the order of procedure in a consolidated hearing.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.335 Hearings: Continuances. (NRS 427A.070, 427A.175) The Specialist may, before or during a hearing, and on a proper showing, grant continuances for submission of further proof of any matter or for any other just cause.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3355 Stipulations of parties. (NRS 427A.070, 427A.175)

1. With the approval of the Specialist, the parties may stipulate to any fact at issue by a written stipulation introduced in evidence as an exhibit or by oral statements shown upon the record.

2. Any stipulation is binding upon all parties to it and may be treated as evidence at the hearing.

3. The Specialist may demand proof by requiring evidence of the facts stipulated.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.336 Briefs; setting matter for oral argument. (NRS 427A.070, 427A.175)

1. The Specialist may order briefs to be filed and specify a time limit for their filing.

2. Three copies of any requested brief must be filed with the Specialist in matters before him.

3. Each brief must be accompanied by an acknowledgment of service or a certificate of mailing to the other parties of record.

4. After the filing of briefs and the deciding of contested motions, the Specialist may set the matter for oral argument and give reasonable notice to all parties.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3365 Official notice. (NRS 427A.070, 427A.175) The Specialist may take official notice of:

1. The rules, regulations, official reports, decisions and orders of any regulatory agency of the State.

2. Matters of common knowledge and established technical or scientific facts.

3. Official documents, if relevant and properly introduced into the record of formal proceedings by reference. A proper and definite reference to the documents must be made by the party offering them, and the documents must be published and generally circulated so that the parties in interest may examine the documents and present rebuttal evidence.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.337 Records of formal hearings. (NRS 427A.070, 427A.175) The Specialist will cause a record to be made of all formal hearings. Any party who wishes to secure a copy of the record may obtain it from the Specialist upon payment of the proper fee.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3375 Submission of matter for decision. (NRS 427A.070, 427A.175) Unless otherwise ordered, a proceeding stands submitted for decision by the Specialist after the taking of evidence, the filing of briefs or the presentation of oral argument required by the Specialist.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.338 Issuance of decision. (NRS 427A.070, 427A.175)

1. The Specialist will issue a decision not later than 60 days after the hearing.

2. The Specialist will mail or personally deliver a copy of the decision to the Administrator of the Division and each party of record or his representative.

3. Additional copies of the decision may be obtained by making a written request to the Specialist.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3385 Report of Specialist summarizing proceedings. (NRS 427A.070, 427A.175)

1. The Specialist shall summarize the proceedings in a written report using the following format:

A. INTRODUCTION—The date, time and place of the hearing and the name of each person present at the hearing.

B. NATURE OF CASE—Overview of the issues presented during the hearing.

C. FINDINGS OF FACT—The facts of the case as determined by the Specialist.

D. CONCLUSIONS OF LAW—The laws, regulations, procedural rules and policies which support the findings and decision of the Specialist.

E. DECISION—The decision of whether the respondent is liable for damages to the complainant and, if the respondent is liable for damages, 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.

2. The Specialist shall submit the written report prepared pursuant to this section to the Administrator of the Division with the case record required pursuant to NAC 427A.339.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.339 Case record of hearing; submission and retention of case record and recording. (NRS 427A.070, 427A.175)

1. The Specialist shall keep the record of each hearing that he conducts which contains:

(a) All correspondence that the Specialist has received regarding the subject matter of the hearing;

(b) All exhibits presented and accepted during the hearing; and

(c) A narrative log of all contacts that the Specialist has had with the complainant or his representative, the respondent, members of the staff of the Division, or legal counsel for any of the participants in the hearing.

2. The case record established by the Specialist constitutes the official record of the hearing.

3. After the Specialist has rendered a decision, he shall submit the case record and the audiotape recording of the hearing to the office of the Division in Carson City. That office shall retain the record of the hearing and the audiotape recording for:

(a) Four years after the date of the decision; or

(b) Until the resolution of a judicial review of the decision,

Ê whichever occurs later.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3395 Appeal of decision. (NRS 427A.070, 427A.175) Any person aggrieved by a decision issued pursuant to a hearing held pursuant to NRS 427A.175 may appeal to the Administrator of the Division whose decision on the appeal is a final decision.

(Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS

General Provisions

NAC 427A.350 Definitions. (NRS 427A.250) As used in NAC 427A.350 to 427A.488, inclusive, unless the context otherwise requires, the words and terms defined in NAC 427A.354 to 427A.383, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.354 “Asset” defined. (NRS 427A.250) “Asset” means income and resources that:

1. Belong to an applicant or recipient; and

2. Have monetary value.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.356 “Case management” defined. (NRS 427A.250) “Case management” means a process where a recipient’s needs are identified and the social, habilitative and medical services to meet those needs are located, coordinated and monitored.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.358 “Case manager” defined. (NRS 427A.250) “Case manager” means a person who meets the qualifications set forth in NAC 427A.428 and who carries out the duties of case management for a recipient of COPE.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.364 “Commission” defined. (NRS 427A.250) “Commission” means the Nevada Commission on Aging.

(Added to NAC by Aging Services Div., eff. 7-16-92)

NAC 427A.365 “COPE” defined. (NRS 427A.250) “COPE” means the Community Service Options Program for the Elderly established by the Division pursuant to NRS 427A.250 to provide community-based services to frail elderly persons.

(Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.367 “Designated representative” defined. (NRS 427A.250) “Designated representative” means a person designated to act on behalf of a recipient pursuant to NAC 427A.384.

(Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.368 “Division” defined. (NRS 427A.250) “Division” means the Aging Services Division of the Department of Health and Human Services.

(Added to NAC by Aging Services Div., eff. 7-16-92)

NAC 427A.372 “Fiscal year” defined. (NRS 427A.250) “Fiscal year” means a period beginning on July 1 and ending on June 30 of the following year.

(Added to NAC by Aging Services Div., eff. 7-16-92)

NAC 427A.374 “Income” defined. (NRS 427A.250) “Income” means the receipt of money or other thing of value.

(Added to NAC by Aging Services Div., eff. 7-16-92)

NAC 427A.378 “Legal representative” defined. (NRS 427A.250) “Legal representative” means:

1. A person who has been designated to act for an applicant or a recipient of COPE by a power of attorney;

2. A legal guardian of an applicant or a recipient; or

3. Any other person who is legally authorized to act for an applicant or a recipient.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.379 “Nursing facility” defined. (NRS 427A.250) “Nursing facility” means a facility for intermediate care as defined in NRS 449.0038, or a facility for skilled nursing as defined in NRS 449.0039.

(Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97)

NAC 427A.3793 “Personal emergency response system” defined. (NRS 427A.250) “Personal emergency response system” means an electronic device that enables a person to secure help in an emergency.

(Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.3797 “Recipient” defined. (NRS 427A.250) “Recipient” means a person who is enrolled in COPE.

(Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.380 “Respite care” defined. (NRS 427A.250) “Respite care” means care for a patient that provides a respite for the primary caregiver from the stresses and responsibilities that result from the daily care of the patient.

(Added to NAC by Aging Services Div., eff. 7-16-92)

NAC 427A.381 “Social Services Manager” defined. (NRS 427A.250) “Social Services Manager” means the Social Services Manager of community-based care of the Division.

(Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.3815 “Standardized assessment tool” defined. (NRS 427A.250) “Standardized assessment tool” means the form used to measure the needs of a recipient of COPE.

(Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.383 “Waiver” defined. (NRS 427A.250) “Waiver” means the option provided by the Social Security Act pursuant to 42 U.S.C. § 1396n(c) which permits the State to offer home and community-based services to eligible persons, including, without limitation, the community home-based initiatives program.

(Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.384 Designation of representative to act on behalf of recipient. (NRS 427A.250) If a recipient has difficulty acting on his own behalf, he may designate a representative to act on his behalf. If the recipient designates such a representative, he shall notify the Division and all subsequent correspondence from the Division must be sent to the recipient and his designated representative.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.386 Transfer of case between regions of State. (NRS 427A.250) If a recipient moves from one region in this State to another, his case must be transferred to the office of the Division responsible for the region to which he has moved.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.388 Confidentiality and release of records of recipient. (NRS 427A.250)

1. The records of a recipient are confidential and may only be released to:

(a) A person who is authorized by the recipient or his legal representative pursuant to a signed, written authorization to release information.

(b) A person who is authorized to view the records of a recipient pursuant to an order of a court of competent jurisdiction.

(d) A member of the staff of an agency of this State established pursuant to the Protection and Advocacy of Mentally Ill Individuals Act of 1986, 42 U.S.C. §§ 10801 et seq., if:

(1) The Social Services Manager deems it necessary;

(2) The recipient is a client of that agency and the recipient or his legal representative authorizes the release of the record; or

(3) A complaint regarding a recipient is received by the agency or there is probable cause to believe that the recipient has been abused or neglected and is unable to authorize the release of the record because of his mental or physical condition, does not have a guardian or other legal representative or is a ward of this State.

(e) An employee of another division of the Department of Health and Human Services, pursuant to the provisions of NRS 232.357, if that employee submits a written request to the Social Services Manager.

2. The records of a recipient may be released for statistical or evaluative purposes if they are used in such a way that the identity of the recipient is not disclosed.

3. To the extent necessary for a recipient to make a claim, or for a claim to be made on behalf of a recipient, for aid, insurance or medical assistance to which he may be entitled, information from the records may be released if the recipient or his legal representative has signed a written authorization to release information for such a purpose.

4. A written authorization to release information is effective for 1 year after the date it is signed.

5. Any review and release of records must comply with the Health Insurance Portability and Accountability Act, 42 U.S.C. §§ 300gg, et seq.

(Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007)

NAC 427A.390 Review and copying of case file of recipient. (NRS 427A.250)

1. The Division will make a recipient’s case file available for review upon the request of the recipient.

2. A recipient may authorize another person to review his case file by signing a form for the release of information. The form will be provided by the Division. The signing of the form must be witnessed by a person other than the person who is being authorized to review the file.

3. A copy of the plan of care, statement of understanding or release of information must be provided at no charge to the recipient or the person authorized to review the file. A copy of any other document in the case file must be furnished to the recipient or the person authorized to review the file at a charge not to exceed the actual cost to the Division of producing the copy.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

Enrollment and Determination of Eligibility

NAC 427A.400 Enrollment in Program: Procedure; denial. (NRS 427A.250)

1. A person may apply for enrollment in COPE by completing an application and submitting it to an office of the Division. If an applicant meets the criteria for eligibility listed in NAC 427A.402 and funds are available, the Division will authorize services from COPE for the applicant and the applicant must be enrolled in COPE. The eligibility of a recipient must be reestablished annually.

2. The Division may, at the discretion of the Administrator, establish a waiting list for enrollment in COPE to ensure service will be provided within a reasonable time as established by the Department of Health and Human Services.

3. If an applicant is denied enrollment, the staff of the Division shall inform the applicant of the reason or reasons why his application was denied and provide to the applicant information regarding the right to an appeal.

4. If possible, referrals must be made to other agencies for the provision of services to an applicant who has been denied enrollment in COPE.

(Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007)

NAC 427A.402 Eligibility for Program; duties of Division when no provider is available. (NRS 427A.250)

1. To be eligible for COPE, a person must:

(a) Be 65 years of age or older.

(b) Function at a level required for a person under the care of a nursing facility and require placement in a nursing facility within 30 days if not for the services provided by COPE.

(1) A citizen of the United States;

(2) An alien who was legally admitted into the United States for permanent residency; or

(3) An alien who has been granted temporary residency under the Immigration Reform and Control Act of 1986, 8 U.S.C. §§ 1101, et seq.,

Ê and sign the application or an addendum to the application certifying that he is a citizen of the United States or an alien with such lawful immigration status. The Division may require an applicant to provide additional verification of the requirements of this paragraph.

(d) Reside in this State with the intention of making this State his place of residence for an indefinite period.

(e) Provide the Division with his social security number. An applicant who has not been issued a social security number shall obtain a number and provide it to the Division within a reasonable time after submitting his application.

(f) Meet the requirements for monthly income and assets as set by:

(1) Medicaid, as noted in the “Eligibility and Payment Manual” of the Division of Welfare and Supportive Services of the Department of Health and Human Services; and

(2) The Commission.

(g) Reside in a private residence.

(h) Not be receiving care at an acute care hospital or nursing facility.

(i) Not be receiving services that duplicate the services of COPE.

(j) Agree to accept the services of COPE.

2. If an applicant has been approved for service, but no providers of service are available in his area, the Division will make reasonable efforts to obtain services for the applicant. The Division will notify the applicant if there are no providers of service available in his area.

(Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007)

NAC 427A.404 Evaluation of income and assets of applicant or recipient. (NRS 427A.250) The Division will evaluate the income and assets of an applicant or a recipient in determining the eligibility or continued eligibility of the applicant or recipient for enrollment in COPE. Such evaluation must be conducted on an annual basis.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.406 Income of applicant or recipient: Limitation; determination; reporting. (NRS 427A.250)

1. The allowable gross monthly income of a recipient must be determined during any month that services are provided by COPE in accordance with the institutional guidelines established by the Division of Welfare and Supportive Services of the Department of Health and Human Services subject to the amendments set forth by the Commission, if any.

2. To determine the gross monthly income of an applicant or a recipient, any income excluded pursuant to NAC 427A.408 during the month on which the determination is based must be subtracted from the total amount of income received by the applicant or recipient for that month.

3. All income, except income excluded pursuant to NAC 427A.408, must be verified, documented and counted in determining the eligibility of an applicant or the continued eligibility of a recipient.

4. An applicant or a recipient shall:

(a) Report to the Division all changes in his income.

(b) Ensure that all income and verification of that income is reported to the Division.

5. If any income of the applicant or recipient is distributed among more than one person, only the applicant’s or recipient’s portion of the income may be counted in determining the eligibility of the applicant or the continued eligibility of the recipient.

6. Any money that is deposited in a bank account will be considered income for the month it is deposited and will thereafter be considered an asset.

(Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007)

NAC 427A.408 Income of applicant or recipient: Exclusions. (NRS 427A.250) The following income must be excluded from the determination of the eligibility of an applicant or continued eligibility of a recipient:

1. A refund of taxes.

2. Any money from a state agency that is intended to supplement the needs of the applicant or recipient. Such money may not come from federal funds.

3. A payment from the United States Department of Housing and Urban Development.

4. A payment from the Energy Assistance Program.

5. Infrequent and irregular income if the total income does not exceed $20 monthly and it is impossible to estimate such income in the future.

6. A payment from Volunteers in Service to America.

7. A payment from the Retired and Senior Volunteer and Foster Grandparent Programs.

8. A payment from Indian General Assistance.

9. Aid and Attendance or Housebound Benefits received from the Veteran’s Administration.

10. Income necessary for a plan of achieving self-support for an applicant or recipient who is blind or has a disability. The plan must be an individual plan, in writing and approved by the Social Security Administration.

11. A reimbursement from the Veteran’s Administration for unusual medical expenses.

12. A payment received from an absent parent or stepparent for child support.

13. Infrequent gifts from friends, including gifts of cash received on a special occasion such as Christmas, a birthday or an anniversary.

14. A payment on Medicare premiums.

15. Money received pursuant to a loan.

16. A payment in cash from an insurance company as reimbursement for medical costs paid by the recipient or to be applied toward medical bills.

17. Money received by members of an Indian tribe for the satisfaction of a judgment entered pursuant to a lawsuit or per capita payments made pursuant to Public Law 98-64, 25 U.S.C. §§ 117a, et seq.

18. Income the applicant or recipient receives as a result of another person’s death that is used for the expenses of the deceased person’s last illness or burial. Any portion of such income remaining after deducting such expenses must be counted as income for the month the income was received. As used in this subsection, “expenses for a person’s last illness or burial” include related hospital and medical expenses and expenses for the funeral, burial plot, interment, new clothing to wear to the funeral, food for visiting relatives and taxi fare to and from the hospital and funeral home.

19. A refund for a deposit or overcharge.

(Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007)

NAC 427A.410 Assets of applicant or recipient: Limitation. (NRS 427A.250) The assets of an applicant or recipient may not exceed the limit for assets set forth in the institutional guidelines established by the Division of Welfare and Supportive Services of the Department of Health and Human Services subject to the amendments set forth by the Commission, if any.

(Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007)

NAC 427A.422 Cooperation with Division in determining eligibility; notification of change in circumstances material to eligibility. (NRS 427A.250)

1. An applicant or a recipient or his designated representative shall cooperate with the Division in securing any information necessary to determine the applicant’s eligibility or the recipient’s continued eligibility for enrollment in COPE. If the applicant or recipient or his designated representative fails to so cooperate, the Division will deny the application or terminate the services of COPE.

2. If the application process is delayed because the applicant or his designated representative is not cooperating pursuant to subsection 1, and the applicant or his designated representative cooperates on or before the Division’s deadline for processing the application, the process must be continued.

3. An applicant or a recipient or his designated representative shall inform the Division if any of the following changes concerning the applicant or recipient occurs:

(a) His address changes;

(b) His living arrangements change;

(d) He is hospitalized or placed under institutional care;

(e) He changes his name; or

(f) Any other change in circumstances material to the applicant’s eligibility or recipient’s continued eligibility for enrollment in COPE.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.424 Provision by recipient of monthly statements of bank accounts; action by Division on information received between reassessments. (NRS 427A.250)

1. A recipient may be required to provide copies of statements of his bank accounts each month.

2. Any information received by the Division between each reassessment that may affect the eligibility of the recipient will be evaluated and acted on if applicable.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

Provision of Services

NAC 427A.428 Qualifications of case manager. (NRS 427A.250) To be eligible to act as a case manager, a person must:

1. Hold a current license as a social worker or associate in social work issued pursuant to chapter 641B of NRS;

2. Hold a current license as a registered nurse issued pursuant to chapter 632 of NRS; or

3. If he does not hold a current license as a social worker:

(a) Meet the criteria for licensure as a social worker;

(b) Hold a current license in a related capacity, including, without limitation, a marriage and family therapist licensed pursuant to chapter 641A of NRS or a counselor who is certified pursuant to chapter 641C of NRS; and

(Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.430 Individual assessment of recipients. (NRS 427A.250) All recipients must receive an individual assessment using the standardized assessment tool to identify the specific needs of the recipient. The assessment must be conducted in person at the residence of the recipient and be completed before the services of COPE will be initiated.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.432 Plan of care for recipient: Development and revision; contents; provision of copy to recipient. (NRS 427A.250)

1. A written plan of care must be developed for each recipient after the assessment required by NAC 427A.430 is completed. The recipient, his family or his designated representative shall participate in the process of developing the plan. The plan of care must be reviewed and signed by the case manager and the recipient or a designated representative of the recipient.

2. The plan of care must include:

(a) A statement of the needs of the recipient;

(b) The objectives to be met by the services provided;

(d) The estimated time to be dedicated to case management each month; and

(e) The individualized goals of the recipient.

3. The plan of care must provide for service in the most integrated setting possible.

4. After the plan of care is completed, it may be revised at any time. Any revision to the plan must be discussed with the recipient or his designated representative by the case manager.

5. A copy of the plan of care must be given to the recipient or his designated representative.

6. A new plan of care must be developed by the case manager and signed by the recipient at least once every 12 months or upon a significant change in the condition of or support available to the recipient.

(Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007)

NAC 427A.436 Periodic reassessment of recipient and reauthorization of services. (NRS 427A.250)

1. A recipient must be reassessed by his case manager in person and at the residence of the recipient at least once every 12 months, using the standardized assessment tool, to:

(a) Determine whether the Division should reauthorize services for the recipient.

(b) If necessary, revise any information gathered during the assessment made pursuant to NAC 427A.430.

(1) Ability to perform activities of daily living, including, without limitation, the need for minimum essential personal assistance, as defined in NRS 426.723;

(2) Need for ongoing services; and

(3) Systems of support such as family, friends or volunteers.

(d) Evaluate the services being provided by COPE and any progress made toward the goals listed in the plan of care.

(e) Assist in the development of a new plan of care.

2. The Division will reauthorize services from COPE for a recipient for not more than 12 months if his level of functioning continues to meet the requirements for a patient under the care of a nursing facility and his financial status has not changed so as to render him ineligible for COPE.

(Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007)

NAC 427A.438 Duties of case manager. (NRS 427A.250)

1. A case manager shall:

(a) Collect information to verify the eligibility of a recipient.

(b) Evaluate the level of care needed by the recipient.

(d) Estimate the costs of services for the recipient.

(e) Monitor, on an ongoing basis, the provision of services, including, without limitation, the plan of care for the recipient.

(f) Carry out the duties prescribed in paragraphs (a) to (e), inclusive, for a recipient on an annual basis.

2. A case manager shall provide services that assist persons in gaining access to a waiver, to other services offered by the State and to medical, social, educational and other services, without regard to the source of funding from which access to the service is gained. These services of a case manager may also be provided by the Division, by an agency of this State or by a private provider who is independent of the Division or an agency of this State.

(Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007)

NAC 427A.440 Provision and scope of services under Program. (NRS 427A.250)

1. If economically feasible, the following services will be made available to recipients:

(a) Adult day care, if such service is provided:

(1) In a licensed facility for the care of adults during the day, as the term is defined in NRS 449.004;

(2) For 4 or more hours per day;

(3) On a regularly scheduled basis; and

(4) For 1 or more days per week.

(b) The provision of a personal care attendant to assist a recipient who is functionally impaired with activities of daily living, including shopping, laundry, cleaning, bathing, dressing, using the toilet, preparing meals and eating. The provision of services by a personal care attendant does not require an order from a physician.

(c) The provision of a homemaker to assist a recipient who is functionally impaired with activities of daily living, including laundry, cleaning and preparing meals. The provision of services by a homemaker does not require an order from a physician.

(d) The provision of a companion for a recipient to provide relief for the primary caregiver. The companion will not be required to perform the services of a personal care attendant pursuant to paragraph (b).

(e) Case management services to assist recipients with gaining access to a waiver, to other services offered by the State and to medical, social, educational and other services, regardless of the funding source from which access is gained.

(f) A personal emergency response system.

(g) Services to assist with heavy household chores necessary to maintain a clean, sanitary and safe home environment.

(h) Respite services provided to recipients unable to care for themselves. Respite services must be provided on a short-term basis due to an absence of or need for relief of those persons normally providing the care.

2. If the Social Services Manager has determined that a recipient is eligible to receive respite care and the requirements of NAC 427A.442 have been met, supervised respite care for a person who is functionally impaired will be available through COPE. Such care will be provided in the recipient’s home for not more than 24 hours per day and not more than 14 days per fiscal year.

3. Any services provided pursuant to this section must be provided in accordance with the recipient’s plan of care, and any person providing such services must be under the supervision of the case manager.

(Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007)

NAC 427A.442 Provision of respite care. (NRS 427A.250)

1. If the Social Services Manager has determined that a recipient is eligible to receive respite care at his residence, such care will be made available only if:

(a) The recipient has a primary caregiver who lives at the recipient’s home;

(b) The caregiver needs respite;

(d) There are trained respite workers available in the recipient’s area; and

(e) Funds for respite care are available.

2. A plan of care must be developed for respite care provided to a recipient at his home. The plan may include the services of a personal care attendant and the services of a homemaker or companion.

3. Regularly scheduled services of COPE may be suspended during any period in which respite care is being provided. The provider of respite care may perform any suspended services of COPE that were provided at the recipient’s home.

(Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007)

NAC 427A.444 Payment by recipient of partial cost of services provided. (NRS 427A.250)

1. The Division may require a recipient to pay a portion of the cost of services provided by COPE. The amount charged to a recipient must be established by the Commission, but in no case may the amount exceed the actual cost of the services.

2. The amount charged to a recipient may only be applied to the costs of:

(a) Case management.

(b) The services provided by a homemaker.

(d) Respite care.

(e) Adult day care.

(f) The services of a companion.

(g) Services for heavy household chores.

(h) A personal emergency response system.

3. Any amount charged to a recipient will be collected by the Division, is due on or before the fifth day of each month and is for the preceding month’s service.

4. The recipient or his designated representative must pay by check or money order and may make the payment by:

(a) Mailing or otherwise submitting the check or money order to any office of the Division; or

(b) Submitting the check or money order to the case manager in person.

5. The Division may terminate the services of a recipient for failure to pay any amount owing when it is due.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.450 Procedure when recipient, applicant or person residing with recipient or applicant has communicable disease. (NRS 427A.250)

1. If a recipient, an applicant or a person who resides with the recipient or applicant has a communicable disease, the provision of service to the recipient or the processing of the application must be temporarily suspended until the infected person has been examined by a licensed physician, a registered nurse or a physician assistant and has been determined to be free of the disease or is no longer contagious.

2. As used in this section, “communicable disease” means a disease that is caused by a specific infectious agent or its toxic products, and that can be transmitted, either directly or indirectly, from one person to another. The term does not include acquired immune deficiency syndrome or the human immunodeficiency virus.

(Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007)

NAC 427A.452 Procedure upon placement of recipient in hospital or nursing facility. (NRS 427A.250)

1. If a recipient is placed in a hospital or a nursing facility, the Division will suspend his services during the time he is in the hospital or nursing facility.

2. If the recipient remains in the hospital or nursing facility for 45 days or more, the Division will terminate his services and close his case.

3. If the recipient remains in the hospital or nursing facility for less than 45 days, the Division will review his case and his services may be reinstated or his case may be closed.

(Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007)

NAC 427A.454 Reduction of services: Notification of recipient; reasons; request by recipient. (NRS 427A.250)

1. If any services of COPE must be reduced, the recipient or his designated representative will be notified by the Division before the reduction of those services takes effect. This notification will include the reason for the reduction of services and information regarding the right of the recipient to an administrative review.

2. The Division may reduce the services of COPE for the following reasons:

(a) The recipient or his designated representative requests a reduction in services.

(b) The recipient no longer needs the service.

(d) Another agency, program or support system will provide the service.

(e) Available funds have been expended.

3. A recipient or his designated representative may request a reduction of services provided by COPE. The Division will record the request in the recipient’s case file and revise the plan of care for the recipient to reflect the change in services.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.456 Termination of services: Grounds; notification of recipient. (NRS 427A.250)

1. In addition to any other requirements for closing a case and terminating the services of COPE set forth in NAC 427A.350 to 427A.488, inclusive, the Division will close a case and terminate services if:

(a) The recipient dies.

(b) The recipient fails to meet the criteria for eligibility listed in NAC 427A.402.

(d) The recipient fails to apply for, pursue or accept a claim for other benefits or fails to provide information essential to establish such a claim.

(e) The recipient’s residence becomes unsafe for the recipient or his providers of service.

(f) The recipient or his designated representative participates in any activity designed to defraud COPE or the Division.

(g) The recipient fails to pay his portion of the cost of services provided by the Division.

(h) The cost of services provided to the recipient is more than 100 percent of the average cost of care for a patient who receives care in a nursing facility.

(i) The recipient fails to cooperate with the established plan of care.

(j) Funds previously available have been expended.

2. The Division may close a case if service becomes unavailable in the area where the recipient resides.

3. Except in the case of the death of a recipient, the Division will notify a recipient or his designated representative, in writing, if the recipient’s case is being closed. The notice will be given at least 15 days before the services are to be terminated and will include:

(a) The effective date the case is closed;

(b) The reason or reasons for closing the case;

(d) The process for filing a request for an administrative review.

(Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007)

Administrative Review

NAC 427A.460 Right of review. (NRS 427A.250)

1. An applicant for services of COPE is entitled to an administrative review if his application is denied.

2. A recipient is entitled to an administrative review if:

(a) His services are terminated;

(b) His services are reduced without his concurrence;

(d) He has a grievance concerning the delivery, quality, duration or scope of his services.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.462 Request for review. (NRS 427A.250)

1. An applicant or a recipient or his designated representative may request an administrative review by:

(a) Signing, dating and returning to the office of the Division responsible for the region in which the applicant or recipient resides the letter notifying him of the action to be taken by the Division; or

(b) Submitting a written request to the office of the Division responsible for the region in which the applicant or recipient resides.

2. Except as otherwise provided in subsection 4, the request for an administrative review must be received in the regional office of the Division within 15 days after the date of the letter notifying the applicant or recipient or his designated representative of the action to be taken. The date of the letter shall be deemed the first day of the 15-day period.

3. If the 15th day falls on a holiday or weekend, the time for submitting a request will be extended to the next working day.

4. The Division will not accept a request for an administrative review received after the time specified in subsection 2 unless the applicant or recipient or his designated representative demonstrates good cause for the failure to comply with the deadline.

5. The Administrator of the Division will review any requests to waive the deadline for good cause and shall make a determination within 10 days after the receipt of the request.

6. If the Administrator determines that the applicant or recipient or his designated representative has demonstrated good cause for the failure to comply with the 15-day deadline, he will schedule an administrative review for the applicant or recipient.

7. If the Administrator determines that the applicant or recipient or his designated representative has not demonstrated good cause for the failure to comply with the 15-day deadline, he will notify the applicant or recipient or his designated representative that the request for an administrative review is denied.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.464 Preliminary conference for resolution of matter. (NRS 427A.250)

1. Within 10 days after the Division receives a request for an administrative review, the supervisor of the region in which the applicant or recipient resides shall contact the applicant or recipient or his designated representative to schedule a conference with a member of the staff of the Division to attempt to resolve the matter without the necessity of an administrative review.

2. The supervisor shall:

(a) Preside at the conference; and

(b) Complete a report on the outcome of the conference.

3. The conference does not affect the right of the applicant or recipient to an administrative review.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.466 Appointment and initial duties of reviewing officer; provision of notice; postponement; withdrawal of request; failure to appear. (NRS 427A.250)

1. If, after the conference is held, the applicant or recipient wishes to continue with the administrative review, the Administrator of the Division will appoint a reviewing officer. Within 15 days after his appointment, the reviewing officer shall establish a date, time and location for the review.

2. The Division will mail a notice of the date, time and location of the administrative review to the applicant or recipient or his designated representative at least 10 working days before the date scheduled for the review, unless the applicant or recipient or his designated representative requests a review in a shorter period.

3. If requested by the Division or by the applicant or recipient or his designated representative, the reviewing officer may postpone an administrative review for good cause. If the reviewing officer determines that a postponement is warranted, he shall reschedule the administrative review for a date which is not later than 15 days after the original date for the review.

4. The applicant or recipient or his designated representative is entitled to withdraw the request for an administrative review any time before the reviewing officer renders a decision. The withdrawal must be in writing, dated and signed by the applicant or recipient or his designated representative and mailed or delivered to the regional office of the Division which received the request for the administrative review. If an applicant or a recipient or his designated representative indicates verbally a desire to withdraw a request for an administrative review, the Division will instruct him to submit a written withdrawal.

5. The reviewing officer shall cancel the administrative review if the applicant or recipient or his designated representative fails to appear for the scheduled administrative review after receiving proper notification. The reviewing officer shall notify the applicant or recipient or his designated representative within 1 working day after the failure to appear that the administrative review will be considered cancelled unless the applicant or recipient or his designated representative can demonstrate good cause for failing to appear. The applicant or recipient or his designated representative must submit the reasons for failing to appear within 10 days after the date of the letter notifying the applicant or recipient or his designated representative of the cancellation if he wishes to continue the administrative review. The Administrator of the Division will determine whether good cause has been demonstrated for failing to appear.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.468 Continuation of services during review. (NRS 427A.250)

1. A recipient is entitled to receive services from COPE while an administrative review of a termination of those services is pending, unless the recipient or his designated representative requests in writing that the services be discontinued.

2. If the services are continued and the decision to terminate those services is upheld, the recipient may be required to pay for the cost of any services provided after the date on which those services were originally scheduled to be terminated.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.470 Right to representation. (NRS 427A.250) An applicant or a recipient is entitled to represent himself or to be represented by another person, including a legal representative, at the administrative review. The Division will inform the applicant or recipient or his designated representative of this right:

1. At the time he applies for enrollment in COPE; and

2. In a letter notifying the recipient of the action of the Division that is subject to administrative review.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.472 Attendance by case manager; procedure when case manager unable to attend. (NRS 427A.250)

1. A reviewing officer shall request the case manager responsible for the contested action of the Division to attend the administrative review.

2. If the case manager is unable to attend the review:

(a) The supervisor for the region in which the applicant or recipient resides shall serve as the representative of the Division.

(b) The case manager shall provide the reviewing officer with a report that contains:

(1) A summary of the factors on which the contested action of the Division is based; and

(2) All applicable laws, regulations and policies of the Division or the Division of Welfare and Supportive Services of the Department of Health and Human Services.

Ê The reviewing officer shall cause the report of the case manager to be read into the record and entered into evidence during the administrative review.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.474 Disclosure of documents, records and additional relevant information. (NRS 427A.250)

1. An applicant or a recipient or his designated representative is entitled to receive:

(a) Before the administrative review, a photocopy of all documents and records that will be used in the administrative review. The Division will provide these photocopies at no charge.

(b) From the Division, photocopies of additional relevant information that will not be used at the administrative review upon payment of a charge not to exceed the actual cost to the Division of producing the photocopies.

2. During the review, the Division will provide the applicant or recipient or his designated representative with a photocopy of all documents presented by the Division at the administrative review.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.476 Conducting of review. (NRS 427A.250)

1. A reviewing officer shall:

(a) Conduct the administrative review in an informal manner; and

(b) Ensure that all relevant issues are considered during the administrative review.

2. The reviewing officer may cause the removal from the administrative review of any person who:

(a) Uses disrespectful language;

(b) Engages in contemptuous conduct; or

(Added to NAC by Aging Services Div., eff. 7-16-92)

NAC 427A.478 Recording of review. (NRS 427A.250)

1. A reviewing officer shall record the administrative review with an audiotape recorder.

2. The reviewing officer’s tape recorder is the only recording device that may be allowed at the administrative review.

(Added to NAC by Aging Services Div., eff. 7-16-92)

NAC 427A.480 Case record of review; submission and retention of case record and recording. (NRS 427A.250)

1. A reviewing officer shall keep a case record of each administrative review that he conducts which contains:

(a) All correspondence that the reviewing officer has received regarding the subject matter of the administrative review;

(b) All exhibits presented and accepted during the administrative review; and

(c) A narrative log of all contacts that the reviewing officer has had with the applicant or recipient or his designated representative, members of the staff of the Division, or legal counsel for any of the participants in the administrative review.

2. The case record established by the reviewing officer constitutes the official record of the hearing.

3. After the reviewing officer has rendered a decision, he shall submit the case record and the audiotape recording to the office of the Division in Carson City. That office shall retain the case record and the audiotape recording for:

(a) Four years after the date of the decision; or

(b) Until the resolution of a judicial review of the decision,

Ê whichever occurs later.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.482 Procedure upon review. (NRS 427A.250)

1. At the beginning of the administrative review, the reviewing officer shall:

(a) Introduce himself;

(b) Announce the date and time;

(d) State the reason for the administrative review;

(e) Cause each person present to introduce himself and to state his purpose in attending the administrative review; and

(f) Advise those present that the administrative review is being recorded by an audiotape recorder.

2. The representative of the Division shall state the basis of the contested action taken by the Division. If the case manager is not present, the report prepared by him pursuant to subsection 2 of NAC 427A.472 must be read into the record.

3. The reviewing officer shall allow the applicant or recipient or his designated representative to make a statement concerning the grievance and to present supporting evidence.

4. The reviewing officer shall collect, number and log all relevant evidence.

5. The reviewing officer, the applicant or recipient or his designated representative or the representative of the Division may request that evidence which is not available at the administrative review be submitted. If such a request is made, the reviewing officer may:

(a) Continue the administrative review and order further investigation or request a party to produce the additional evidence; or

(b) Close the administrative review but hold the record open to permit submission of any additional evidence.

Ê If additional evidence is submitted, the reviewing officer shall provide each party with the opportunity to examine that evidence.

6. If the reviewing officer determines after the administrative review is closed that the record is unclear or insufficient to make a decision, he may contact the applicant or recipient or his designated representative or the representative of the Division for clarification or additional information. Any material submitted after the close of the review must be made available to all participants in the administrative review and each shall have the opportunity for rebuttal. The reviewing officer may reopen the administrative review if the nature of the additional information or the rebuttal thereof makes further consideration necessary.

7. Before closing the review, the reviewing officer shall advise those present that:

(a) He will base his decision on the case record and the testimony and evidence presented at the administrative review;

(b) He will render a decision within 15 days after the date of the administrative review;

(d) The applicant or recipient or his designated representative may appeal the decision of the reviewing officer to the Administrator of the Division.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.484 Decision of reviewing officer. (NRS 427A.250)

1. The decision of a reviewing officer must:

(a) Be based on the evidence and information presented at the administrative review and any additional information submitted pursuant to subsection 6 of NAC 427A.482;

(b) Comply with the regulations of the Division that were in effect at the time the Division took the contested action;

(d) Contain a summary of the findings of fact;

(e) Identify supporting evidence and regulations;

(f) Respond to any reasonable arguments of the applicant or recipient or his designated representative; and

(g) Be submitted in writing to the Administrator of the Division with the case record and all exhibits presented during the administrative review.

2. In issuing a decision, the reviewing officer shall not consider changes in physical or social factors that occur after the close of the administrative review.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.486 Notification of decision and right to appeal; request for appeal. (NRS 427A.250)

1. A reviewing officer shall mail the written decision to the applicant or recipient or his designated representative within 15 days after the close of the administrative review. In addition to the written decision, the reviewing officer shall notify the applicant or recipient or his designated representative by mail of:

(a) The right to appeal the decision of the reviewing officer to the Division; and

(b) The process to request an appeal to the Administrator of the Division.

2. A request for an appeal to the Administrator of the Division must be received by the Administrator within 10 days after the date of the decision.

(Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.488 Report of reviewing officer summarizing proceedings. (NRS 427A.250)

1. A reviewing officer shall summarize the proceedings in a written report using the following format:

A. INTRODUCTION—The date, time and place of the administrative review and the name of each person present at the administrative review.

B. NATURE OF CASE—Overview of the issues presented during the administrative review.

C. FINDINGS OF FACT—The facts of the case as determined by the reviewing officer.

D. CONCLUSIONS OF LAW—The laws, regulations, procedural rules and policies which support the findings and decision of the reviewing officer.

E. DECISION—The decision to either uphold or overrule the action of the Division.

2. The reviewing officer shall submit the written report to the Administrator of the Division with the case record.

(Added to NAC by Aging Services Div., eff. 7-16-92)

SENIOR CITIZENS’ PROPERTY TAX ASSISTANCE

NAC 427A.500 Definitions. (NRS 427A.590) As used in NAC 427A.500 to 427A.550, inclusive, unless the context otherwise requires, the words and terms defined in NRS 427A.460 to 427A.505, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Dep’t of Taxation by R041-99, eff. 5-16-2000; A by Aging Services Div. by R163-06, 9-18-2007)

NAC 427A.505 Eligibility for homeowner’s refund. (NRS 427A.590) To be eligible for a homeowner’s refund pursuant to NRS 427A.515:

1. The name of the claimant applying for the refund must appear as the owner of the home on the secured or unsecured tax roll, except that the claimant does not become ineligible for a refund if the claimant has:

(a) Placed the title in a trust of which the claimant is a trustee.

(b) Purchased the property under a legal bill of sale.

2. The claimant must not be delinquent in paying the property taxes.

(Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.510 Determination of member of household who may file claim. (NRS 427A.590) In determining which person is to file the claim when the eligible members of the household cannot agree, the Administrator of the Aging Services Division of the Department of Health and Human Services shall direct that the:

1. Person who, in his discretion, is the most appropriate file the claim and that any benefit be made payable to both eligible persons jointly if he finds that the reason for the disagreement is an inability to agree upon disposition of the payment;

2. Eligible person who desires a benefit file the claim if the Administrator finds that the reason for the disagreement is that the other eligible person in the household does not desire to file for a claim; or

3. Person whom he deems to be the proper claimant, upon good cause shown, file the claim in any other case where there is a disagreement concerning the inability to procure the requisite consent.

[Tax Comm’n, Property Tax Reg. part No. 9, eff. 9-7-73; A 2-7-76; 11-15-77]

NAC 427A.520 Filing of claims: Proof of age and income; income tax returns. (NRS 427A.590)

1. A claimant shall file proof of his age with his first claim by attaching a copy of his birth certificate, driver’s license, social security letter, Medicare card, military discharge papers or other appropriate document.

2. A claimant may be required to file proof of his income by attaching a copy of his end-of-year statements, including, without limitation, Form 1099, Form 1098, Form W-2 and Form 1099-SA.

3. A claimant may be required to file a copy of his income tax returns with his annual claim.

[Tax Comm’n, Property Tax Reg. part No. 9, eff. 2-7-76; A 11-15-77]—(NAC A by Aging Services Div. by R163-06, 9-18-2007)

NAC 427A.530 Extension of time to file claim. (NRS 427A.590) The Aging Services Division of the Department of Health and Human Services will extend the time to file a claim for a refund in the following situations:

1. If the claimant submits a certificate of a medical doctor, hospital administrator or other similarly responsible official, stating that the claimant was incapacitated by illness or disability for a minimum of 60 days immediately preceding the last day for the filing of claims, the claimant will be allowed an additional 30 days after the incapacity or disability within which to file the claim.

2. If the Aging Services Division determines that in its judgment good cause exists for a claimant’s failure to file a claim timely, the claimant will be allowed such an additional period as the Aging Services Division determines to be appropriate and reasonable within which to file the claim.

[Tax Comm’n, Property Tax Reg. part No. 9, eff. 9-7-73; A 2-7-76; 11-15-77]—(NAC A by Dep’t of Taxation by R041-99, 5-16-2000)

NAC 427A.540 Claimant to retain proof of income received, age, residence and name. (NRS 427A.590) Each claimant shall retain:

1. Documentary evidence of proof of all income received, including, but not limited to, receipts or stubs representing tax free interest, wages, salaries, the untaxed portion of pensions or annuities, payments received under the Federal Social Security Act, railroad retirement or veterans’ benefits, state and federal old age or welfare assistance benefits, disability payments and life insurance proceeds, for each tax year for which a refund is claimed under the Senior Citizens’ Property Tax Assistance Act.

2. Adequate proof of age, residence and name, including, but not limited to, birth certificate, driver’s license, medicare card or military discharge papers.

[Tax Comm’n, Property Tax Reg. No. 8, eff. 9-7-73; A 2-7-76; 11-15-77]—(Substituted in revision for NAC 361.872)

NAC 427A.550 Renters refund: Rent deemed to constitute accrued property tax. (NRS 427A.590) If the amount paid by a claimant pursuant to a bona fide tenancy or leasing agreement for the right to occupy a home or lot during the calendar year immediately preceding the filing of his claim includes, without being stated separately, any amount paid:

1. For food, furnishings, nursing services, attendant care or institutional care, the total annual rent paid by the claimant shall be deemed to be 40 percent of the total amount paid pursuant to the tenancy or leasing agreement.

2. Except as otherwise provided in subsection 1, for utilities, the total annual rent paid by the claimant shall be deemed to be 85 percent of the total amount paid pursuant to the tenancy or leasing agreement.

(Added to NAC by Dep’t of Taxation by R041-99, eff. 5-16-2000)—(Substituted in revision for NAC 361.873)