NRS: CHAPTER 426A - TRAUMATIC BRAIN INJURIES

[Rev. 1/17/2009 1:41:39 PM]

CHAPTER 426A - TRAUMATIC BRAIN INJURIES

GENERAL PROVISIONS

NRS 426A.020 Duties of Department.

NRS 426A.030 Hospitals required to report information relating to persons with traumatic brain injuries to Department; penalty.

NRS 426A.040 Annual report to Legislative Commission. [Repealed.]

NRS 426A.050 Liability for disclosure of information in bad faith or with malicious purpose.

ADVISORY COMMITTEE ON TRAUMATIC BRAIN INJURIES

NRS 426A.060 Creation; appointment of members; terms; Chairman; service without compensation; payment of per diem; powers.

SERVICES FOR PERSONS WITH TRAUMATIC BRAIN INJURIES

NRS 426A.070 Program for Persons With Traumatic Brain Injuries: Establishment; services.

NRS 426A.080 Regulations.

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GENERAL PROVISIONS

NRS 426A.010 Definitions. As used in this chapter:

1. “Department” means the Department of Health and Human Services.

2. “Office” means the Office of Disability Services created by NRS 426.235.

3. “Traumatic brain injury” means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:

(a) A cerebral vascular accident;

(b) An aneurism; or

(Added to NRS by 1991, 1378; A 1993, 557, 1619; 2003, 2633)

NRS 426A.020 Duties of Department. The Department shall:

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

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

(Added to NRS by 1991, 1378; A 1993, 557)

NRS 426A.030 Hospitals required to report information relating to persons with traumatic brain injuries to Department; penalty.

1. The chief administrative officer of each hospital in this State shall submit to the Department the information required by the regulations adopted pursuant to NRS 426A.020.

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

(Added to NRS by 1991, 1378; A 1993, 557)

NRS 426A.040 Annual report to Legislative Commission. Repealed. (See chapter 63, Statutes of Nevada 2007, at page 158.)

NRS 426A.050 Liability for disclosure of information in bad faith or with malicious purpose. A person who provides information to the Department pursuant to NRS 426A.020 may not be held liable in a civil or criminal action for disclosing confidential information unless he has done so in bad faith or with malicious purpose.

(Added to NRS by 1991, 1378; A 1993, 557)

ADVISORY COMMITTEE ON TRAUMATIC BRAIN INJURIES

NRS 426A.060 Creation; appointment of members; terms; Chairman; service without compensation; payment of per diem; powers.

1. The Advisory Committee on Traumatic Brain Injuries, consisting of 11 members, is hereby created.

2. The Director of the Department shall appoint to the Committee:

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

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

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

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

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

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

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

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

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

4. The Committee shall elect one of its members to serve as Chairman.

5. Members of the Committee:

(a) Serve without compensation; and

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

6. The Committee may:

(a) Make recommendations to the Director of the Department and the Office relating to the establishment and operation of any program for persons with traumatic brain injuries.

(b) Make recommendations to the Director of the Department and the Office concerning proposed legislation relating to traumatic brain injuries.

(d) Apply for grants.

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

7. As used in this section:

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

(b) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

(Added to NRS by 1991, 996; A 1993, 1619; 1997, 1245; 1999, 871, 2234; 2003, 2633; 2005, 1075; 2007, 156)

SERVICES FOR PERSONS WITH TRAUMATIC BRAIN INJURIES

NRS 426A.070 Program for Persons With Traumatic Brain Injuries: Establishment; services.

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

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

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

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

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

(3) Care provided in the home;

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

(5) Placement for jobs; and

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

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

(Added to NRS by 1991, 1377; A 1993, 1620; 2003, 2635; 2007, 157)

NRS 426A.080 Regulations. The Department shall adopt regulations concerning the care of persons with traumatic brain injuries. The Department shall, in adopting the regulations, consider the criteria established by the Commission on Accreditation of Rehabilitation Facilities for the care of such persons.

(Added to NRS by 1991, 1379; A 1993, 1621; 2003, 2635)