2005 Nevada Revised Statutes - Chapter 427A — Services to Aging Persons
CHAPTER 427A - SERVICES TO AGING PERSONS
GENERAL PROVISIONS
NRS 427A.010 Declarationof legislative purpose.
NRS 427A.020 Definitions.
NRS 427A.021 Administratordefined.
NRS 427A.022 Advocatedefined.
NRS 427A.023 Commissiondefined.
NRS 427A.024 Daycare center defined.
NRS 427A.025 Departmentdefined.
NRS 427A.026 Directordefined.
NRS 427A.027 Divisiondefined.
NRS 427A.028 Facilityfor long-term care defined.
NRS 427A.029 Frailelderly person defined.
NRS 427A.0295 Residentdefined.
NRS 427A.030 Liberalconstruction.
NEVADA COMMISSION ON AGING
NRS 427A.032 Creation;appointment and terms of members; vacancies; removal.
NRS 427A.034 Meetings;quorum; regulations; subcommittees and advisory committees.
NRS 427A.036 Compensationof members and former members; payment of expenses; expenditures.
NRS 427A.038 Powersand duties.
AGING SERVICES DIVISION
NRS 427A.040 Powersand duties.
NRS 427A.050 Departmentdesignated agency to administer federal grants.
NRS 427A.060 Administrator:Appointment; qualifications.
NRS 427A.070 Administrator:Powers and duties.
NRS 427A.080 Agreementsand arrangements with Federal Government.
NRS 427A.090 Compliancewith federal requirements; disbursement of state money for matching federalgrants.
NRS 427A.100 Custodyand disbursement of money by State Treasurer.
NRS 427A.110 AgingServices Divisions Gift Account.
NRS 427A.120 Politicalactivities prohibited; penalty.
SPECIALIST FOR RIGHTS OF ELDERLY PERSONS
NRS 427A.122 Elderlyperson defined.
NRS 427A.123 Officecreated.
NRS 427A.1232 Appointment;qualifications; removal from office.
NRS 427A.1234 Dutiesand powers of Specialist.
NRS 427A.1236 Confidentialityof records.
ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE
NRS 427A.125 Appointment;classification; duties.
NRS 427A.127 Representativesof advocate: Appointment; powers and duties.
NRS 427A.135 Investigation;entry into facility; interference prohibited; penalty; right of residentconcerning visits with advocate; immunity for advocates investigative actions.
NRS 427A.136 Investigationof complaint involving person who is less than 60 years of age.
NRS 427A.138 Retaliationprohibited; penalty.
NRS 427A.145 Conductof investigation.
NRS 427A.155 Referralof results of investigation to appropriate agency; notification of disposition.
NRS 427A.165 Regulations.
COMPLAINTS AGAINST CERTAIN FACILITIES AND AGENCIES THATPROVIDE CARE FOR OLDER PATIENTS
NRS 427A.175 Complaintfor damage to property of older patient: Filing; investigation and settlement;hearing; payment of damages.
PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLYPERSONS
NRS 427A.250 AgingServices Division to establish and administer program; goals of program;regulations.
NRS 427A.260 Provisionof services; contracts.
NRS 427A.270 Divisionauthorized to apply for, accept and expend grants of money or other assistance;fees for services.
NRS 427A.280 Testsand demonstrations.
OMBUDSMAN FOR AGING PERSONS
NRS 427A.300 Creationof Office; appointment; qualifications.
NRS 427A.310 Duties.
NEVADA SILVER HAIRED LEGISLATIVE FORUM
NRS 427A.320 Creation.
NRS 427A.330 Nomination,appointment and terms of members.
NRS 427A.340 Qualificationsof members.
NRS 427A.350 Exofficio membership of National Silver Haired Congress.
NRS 427A.360 Vacanciesin membership.
NRS 427A.370 Election,terms and duties of officers; assistance from Legislative Counsel Bureau.
NRS 427A.380 Publichearings; meetings; formation of committees; compliance with Open Meeting Law.
NRS 427A.390 Powers.
NRS 427A.395 Dutiesconcerning money received and expenses incurred.
NRS 427A.400 Compensationof members.
PROPERTY TAX ASSISTANCE FOR SENIOR CITIZENS
NRS 427A.450 Legislativefindings and declaration.
NRS 427A.455 Definitions.
NRS 427A.460 Claimdefined.
NRS 427A.465 Claimantdefined.
NRS 427A.470 Homedefined.
NRS 427A.475 Householddefined.
NRS 427A.480 Householdincome defined.
NRS 427A.485 Incomedefined.
NRS 427A.490 Lot defined.
NRS 427A.495 Propertytaxes accrued defined.
NRS 427A.500 Rentdefined.
NRS 427A.505 Seniorcitizen defined.
NRS 427A.510 Determinationof which member of household is claimant.
NRS 427A.515 Homeownersrefund: Entitlement; limitation.
NRS 427A.520 Rentersrefund: Entitlement; limitation.
NRS 427A.522 Calculationof homeowners refund and renters refund.
NRS 427A.525 Rentdeemed to constitute accrued property tax.
NRS 427A.530 Filingof claims with county assessor; processing of claim.
NRS 427A.535 Actionby Division on claim.
NRS 427A.540 Disallowanceof claim.
NRS 427A.545 Eligibilityunaffected by receipt of other assistance if claim for exemption filed;assessed valuation reduced by amount of exemption.
NRS 427A.550 Divisionmay expend money from Senior Citizens Property Tax Assistance Account foraudit of claims processed by county assessor.
NRS 427A.555 Multipleclaims prohibited.
NRS 427A.560 Survivalof right to assistance on death of claimant.
NRS 427A.565 Revocationof grant of assistance for improper claim; restitution.
NRS 427A.570 Claimto be disallowed and refund to be repaid with penalty if property acquired toobtain benefits.
NRS 427A.575 Excessiveor fraudulent claim; penalty.
NRS 427A.580 Penaltyfor false statement or use of fraudulent device.
NRS 427A.585 Administrativeand judicial review.
NRS 427A.590 Administrationby Division; regulations.
NRS 427A.595 SeniorCitizens Property Tax Assistance Account: Purposes; use.
NRS 427A.600 Disclosureof personal or confidential information prohibited.
_________
GENERAL PROVISIONS
NRS
1. An adequate income in retirement.
2. The best possible physical and mental health whichscience can make available and without regard to economic status.
3. Suitable housing, independently selected, designedand located with reference to special needs and available at costs which oldercitizens can afford.
4. Full restorative services for those who requireinstitutional care.
5. Opportunity for employment with no discriminatorypersonnel practices because of age.
6. Retirement in health, honor and dignity.
7. Pursuit of meaningful activity within the widestrange of civic, cultural and recreational opportunities.
8. Efficient community services which provide socialassistance in a coordinated manner and which are readily available when needed.
9. Immediate benefit from proven research knowledgewhich can sustain and improve health and happiness.
10. Freedom, independence and the free exercise ofindividual initiative in planning and managing their own lives.
11. The benefit of balanced nutrition.
12. Adequate day care center services.
(Added to NRS by 1971, 375; A 1973, 1396; 1981, 1904)
NRS
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544,1027, 1656; 1985, 931, 1760; 1987, 975; 1991, 1976)
NRS
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544,1027, 1656; 1985, 931, 1760)
NRS
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544,1027, 1656; 1985, 931, 1760)
NRS
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544,1027, 1656; 1985, 931, 1760)
NRS
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027,1656; 1985, 931, 1760)
NRS
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544,1027, 1656; 1985, 931, 1760)
NRS
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544,1027, 1656; 1985, 931, 1760)
NRS
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544,1027, 1656; 1985, 931, 1760)
NRS
1. A residential facility for groups as defined in
2. A facility for intermediate care as defined in
3. A facility for skilled nursing as defined in
4. Any unlicensed establishment that provides food,shelter, assistance and limited supervision to a resident.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544,1027, 1656; 1985, 931, 1760; 1991, 1976)
NRS
1. Has a physical or mental limitation that restrictshis ability to live independently and carry out activities of normal dailyliving; and
2. Has been or is at risk of being placed in afacility for long-term care.
(Added to NRS by 1987, 973)
NRS
(Added to NRS by 1991, 1975)
NRS
(Added to NRS by 1971, 376)
NEVADA COMMISSION ON AGING
NRS
1. The Nevada Commission on Aging, consisting of 11voting members and four or more nonvoting members, is hereby created within theAging Services Division of the Department.
2. The Governor shall appoint as voting members of theCommission:
(a) Two persons who are members of the governing bodyof a county.
(b) Two persons who are members of the governing bodyof a city.
(c) Seven persons who have experience with or aninterest in and knowledge of the problems of and services for the aging.
At least sixpersons appointed as voting members must be 55 years of age or older.
3. The following persons shall serve as nonvotingmembers of the Commission:
(a) The Director of the Department, who shall serve asChairman of the Commission.
(b) The Administrator of the Aging Services Division.
(c) One member of the Senate and one member of theAssembly appointed by the Legislative Commission with appropriate regard fortheir experience with and knowledge of matters relating to older persons.
(d) Such other representatives of state government asmay be designated by the Governor.
4. The members designated in paragraphs (a) and (b) ofsubsection 3 may designate alternates within their respective offices to attendany meeting of the Commission in their place.
5. After the initial terms, the Governor shall appointeach voting member of the Commission to a term of 2 years. No member may serveafter the expiration of his term unless he is appointed to serve another term.No person may be appointed to serve a full term as a voting member more thantwice. No person who serves as a voting member for more than 1 year of a termto which another person was appointed may be appointed to serve a full termmore than once.
6. The position of a member of the Commission isvacated upon his loss of any of the qualifications required for his appointmentand in that event the vacancy must be filled for the unexpired term in themanner provided for the original appointment.
7. The Governor may remove a member he appointed tothe Commission for malfeasance in office or neglect of duty. Absence from twoconsecutive meetings of the Commission constitutes good and sufficient causefor removal of a member by the Governor.
(Added to NRS by 1983, 543; A 1989, 206)
NRS
1. The Commission may meet at least once each calendarquarter and at other times on the call of the Chairman or a majority of itsmembers.
2. A majority of the voting members of the Commissionconstitutes a quorum for the transaction of all business.
3. The Commission shall adopt regulations for its owngovernment.
4. The Chairman may appoint subcommittees and advisorycommittees composed of the members of the Commission, former members of theCommission and members of the general public who have experience with orknowledge of matters relating to older persons to consider specific problems orother matters that are related to and within the scope of the functions of theCommission. A subcommittee or advisory committee appointed pursuant to thissubsection must not contain more than five members. To the extent practicable,the members of such a subcommittee or advisory committee must be representativeof the various geographic areas and ethnic groups of this state.
(Added to NRS by 1983, 544; A
NRS
1. Each voting member of the Commission is entitled toreceive a salary of not more than $80 per day, as fixed by the Commission,while engaged in the business of the Commission.
2. While engaged in the business of the Commission,each member of the Commission appointed pursuant to subsection 2 or paragraph(a), (b) or (d) of subsection 3 of NRS427A.032, each former member of the Commission and each member of thegeneral public appointed to serve on a subcommittee or advisory committee ofthe Commission pursuant to subsection 4 of NRS427A.034, and each employee of the Commission is entitled to receive theper diem allowance and travel expenses provided for state officers andemployees generally.
3. The Commission may expend in accordance with lawall money made available for its use.
4. Except during a regular or special session of theLegislature, each legislative member of the Commission is entitled to receivethe compensation provided for a majority of the members of the Legislatureduring the first 60 days of the preceding regular session for each day orportion of a day during which he attends a meeting of the Commission or isotherwise engaged in the business of the Commission, plus the per diemallowance and travel expenses provided for state officers and employeesgenerally. The salaries and expenses of the legislative members of theCommission must be paid from the Legislative Fund.
(Added to NRS by 1983, 544; A 1985, 422; 1989, 207,1714; 1999, 1641)
NRS
1. The Commission shall:
(a) Determine and evaluate the needs of the olderpeople of this state.
(b) Seek ways to avoid unnecessary duplication ofservices for older persons by public and private organizations in Nevada.
(c) Establish priorities for the work of the Divisionaccording to the most pressing needs of older persons as determined by theCommission.
(d) Promote programs that provide community-basedservices necessary to enable a frail elderly person, to the fullest extentpossible, to remain in his home and be an integral part of his family andcommunity.
2. The Commission may:
(a) Establish priorities for programs funded under theOlder Americans Act of 1965 (42 U.S.C. 3001 et seq.).
(b) Review and approve the State Plan for ProvidingServices to Meet the Needs of Older Persons.
(c) Gather and disseminate information in the field ofaging.
(d) Conduct hearings, conferences and special studieson the problems of older persons and on programs which serve them.
(e) Evaluate existing programs for older persons andrecommend needed changes in those programs and propose new programs which wouldmore effectively and economically serve the needs of older persons.
(f) Evaluate any proposed legislation which wouldaffect older persons.
(g) Recommend to the Legislature any appropriatelegislation.
(h) Coordinate and assist the efforts of public andprivate organizations which serve the needs of older persons, especially in theareas of education, employment, health, housing, welfare and recreation.
(Added to NRS by 1983, 544; A 1987, 975; 1989, 207)
AGING SERVICES DIVISION
NRS
1. The Division shall, consistent with the prioritiesestablished by the Commission pursuant to NRS427A.038:
(a) Serve as a clearinghouse for information related toproblems of the aged and aging.
(b) Assist the Director in all matters pertaining toproblems of the aged and aging.
(c) Develop plans, conduct and arrange for research anddemonstration programs in the field of aging.
(d) Provide technical assistance and consultation topolitical subdivisions with respect to programs for the aged and aging.
(e) Prepare, publish and disseminate educationalmaterials dealing with the welfare of older persons.
(f) Gather statistics in the field of aging which otherfederal and state agencies are not collecting.
(g) Stimulate more effective use of existing resourcesand available services for the aged and aging.
(h) Develop and coordinate efforts to carry out acomprehensive State Plan for Providing Services to Meet the Needs of OlderPersons. In developing and revising the State Plan, the Division shallconsider, among other things, the amount of money available from the FederalGovernment for services to aging persons and the conditions attached to theacceptance of such money, and the limitations of legislative appropriations forservices to aging persons.
(i) Coordinate all state and federal funding of serviceprograms to the aging in the state.
(j) Confer with the Department as the sole state agencyin the state responsible for administering the provisions of this chapter.
2. The Division may contract with any appropriatepublic or private agency, organization or institution, in order to carry outthe provisions of this chapter.
(Added to NRS by 1971, 376; A 1973, 1396; 1981, 1904;1983, 545)
NRS
(Added to NRS by 1971, 376)
NRS
(Added to NRS by 1971, 376)
NRS
1. The Administrator shall:
(a) Subject to the approval of the Director, adoptrules and regulations:
(1) Necessary to carry out the purposes of thischapter; and
(2) Establishing a program to subsidize thetransportation by taxicab of the elderly and the permanently handicapped frommoney received pursuant to subsection 5 of NRS706.8825;
(b) Establish appropriate administrative units withinthe Division;
(c) Appoint such personnel and prescribe their dutiesas he deems necessary for the proper and efficient performance of the functionsof the Division;
(d) Prepare and submit to the Governor, through theDirector before September 1 of each even-numbered year for the biennium endingJune 30 of such year, reports of activities and expenditures and estimates ofsums required to carry out the purposes of this chapter;
(e) Make certification for disbursement of fundsavailable for carrying out the purposes of this chapter; and
(f) Take such other action as may be necessary orappropriate for cooperation with public and private agencies and otherwise tocarry out the purposes of this chapter.
2. The Administrator may delegate to any officer oremployee of the Division such of his powers and duties as he finds necessary tocarry out the purposes of this chapter.
(Added to NRS by 1971, 376; A 1995, 853)
NRS
1. Cooperate with the Federal Government in carryingout the purposes of this chapter or of any federal statutes pertaining to theproblems of the aged and aging and to this end may adopt such methods ofadministration as are found by the Federal Government to be necessary for theproper and efficient operation of those agreements, arrangements or plans; and
2. Comply with such conditions as may be necessary tosecure benefits under those federal statutes.
(Added to NRS by 1971, 376; A 1981, 1905)
NRS
1. The Division may comply with such requirements asmay be necessary to obtain federal money.
2. The Administrator may disburse state money, to theextent the Division has money budgeted for the purpose, to enable nonprofit,sponsoring organizations and political subdivisions of this state to obtainmatching federal grants.
(Added to NRS by 1971, 377; A 1973, 695; 1981, 1905)
NRS
1. The State Treasurer is designated as custodian ofall moneys received from the Federal Government for carrying out the purposesof this chapter or any agreements, arrangements or plans authorized thereby.
2. The State Treasurer shall make disbursements fromsuch funds and from all state funds available for the purposes of this chapterupon certification by the designated official of the Division.
(Added to NRS by 1971, 377)
NRS
1. Except as otherwise provided in
2. All claims must be approved by the Administratorbefore they are paid.
(Added to NRS by 1971, 377; A 1979, 621; 1981, 78;1987, 975)
NRS
1. No officer or employee engaged in theadministration of this chapter shall use his official authority to influence orinterfere with an election or affect the results thereof or for any partisanpolitical purpose. No such officer or employee shall solicit or receive, norshall any officer or employee be obliged to contribute or render, any service,assistance, subscription, assessment or contribution for any political purpose.
2. Any officer or employee violating the provisions ofthis section shall be discharged.
(Added to NRS by 1971, 377)
SPECIALIST FOR RIGHTS OF ELDERLY PERSONS
NRS
(Added to NRS by
NRS
(Added to NRS by 1989, 1485)
NRS
1. The Governor shall appoint the Specialist for theRights of Elderly Persons for a term of 4 years. The person appointed:
(a) Must be an attorney licensed to practice law inthis state;
(b) Must be qualified by training and experience toperform the duties and functions of his office;
(c) Is in the unclassified service of the State; and
(d) Shall report upon request to the Administratorregarding the performance of his duties and the functioning of his office.
2. The Governor may remove the Specialist for theRights of Elderly Persons from office for inefficiency, neglect of duty ormalfeasance in office.
(Added to NRS by 1989, 1485)
NRS
1. The Specialist for the Rights of Elderly Personsshall:
(a) Provide advocacy and education relating to thelegal rights of elderly persons and shall facilitate the development of legalservices to assist elderly persons in securing and maintaining their legalrights.
(b) Provide, upon request, technical assistance,training and other support relating to the legal rights of elderly persons to:
(1) An attorney who is providing legal servicesfor an elderly person;
(2) An employee of a law enforcement agency;
(3) An advocate for residents of facilities forlong-term care;
(4) An employee of an office for protectiveservices of any county; and
(5) An employee of the Division.
(c) Review existing and proposed policies, legislationand regulations that affect elderly persons, and make recommendations asappropriate to the Administrator.
(d) Review and analyze information relating to thenature and extent of abuse, neglect, exploitation and isolation of elderlypersons to identify services that need to be provided, including, withoutlimitation:
(1) Methods of intervening on behalf of anelderly person to protect the elderly person from abuse, neglect, exploitationor isolation; and
(2) Enforcing the laws of this state governingabuse, neglect, exploitation and isolation of elderly persons.
2. The Specialist for the Rights of Elderly Personsmay:
(a) Have access to, inspect, copy and subpoena allrecords in the possession of any clerk of a court, law enforcement agency orpublic or private institution, wherever situated, that relate to the abuse,neglect, exploitation or isolation of an elderly person.
(b) Have access to all written records in thepossession of any person, government, governmental agency or politicalsubdivision of a government that relate to the abuse, neglect, exploitation orisolation of an elderly person.
(c) Represent and assist any incompetent person until aguardian is appointed for that person.
(d) Use the information obtained pursuant to paragraphs(a) and (b) to resolve complaints relating to the abuse, neglect, exploitationor isolation of an elderly person.
(e) Develop services relating to financial managementfor an elderly person who is at risk of having a guardian or conservatorappointed by a court to manage his property.
(f) Appear as amicus curiae on behalf of elderly personsin any court in this state.
(g) Perform such other functions as are necessary tocarry out his duties and the functions of his office.
(Added to NRS by 1989, 1485; A
NRS
(Added to NRS by 1989, 1485)
ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE
NRS
1. Receive, investigate and attempt to resolvecomplaints made by or on behalf of residents of facilities for long-term care.
2. Investigate acts, practices, policies or proceduresof any facility for long-term care or any governmental agency which relates tosuch care and may adversely affect the health, safety, welfare or civil rightsof residents of such facilities, and report the results of the investigationsto the Administrator.
3. Record and analyze information and complaints aboutfacilities for long-term care to identify problems affecting their residents.
4. Coordinate services within the Department which mayaffect residents and prospective residents of facilities for long-term care toensure that such services are made available to eligible persons.
5. Recommend and review policies, legislation and regulations,both in effect and proposed, which affect facilities for long-term care.
6. Upon request, advise and assist the Governor, theLegislature and public and private groups in formulating and putting intoeffect policies which affect facilities for long-term care and their residents.
7. Provide information to interested persons and tothe general public concerning his functions and activities.
8. Report annually to the Administrator.
9. Upon request by the Administrator, temporarilyperform the duties of the Ombudsman for Aging Persons specified in
(Added to NRS by 1983, 1026; A 1993, 115)
NRS
(Added to NRS by 1989, 1485)
NRS
1. The advocate or his representative may:
(a) Upon a complaint by or on behalf of a resident, investigateany act or policy which he has reason to believe may adversely affect thehealth, safety, welfare or civil rights of any resident of a facility forlong-term care; and
(b) Make periodic visits to any facility for long-termcare to provide information to the residents of the facility and to reviewgenerally any act, practice, policy, procedure or condition which may adverselyaffect the health, safety, welfare or civil or other rights of any resident ofthe facility.
2. The advocate or his representative may enter anyfacility for long-term care and any area within the facility at reasonabletimes with or without prior notice and must be permitted access to residents ofthe facility at all times. Upon his arrival at the facility he shall notify theperson in charge and shall present appropriate identification.
3. A person shall not willfully interfere with theadvocate or his representative in the performance of any investigation orvisitation pursuant to this section. If any person is found, after notice and ahearing, to have willfully violated any provision of this subsection, theDirector, at the request of the Administrator, may refer the matter to theHealth Division for the imposition of an administrative fine of not more than$1,000 for each violation.
4. Any money collected as a result of an administrativefine imposed pursuant to this section must be deposited in the State GeneralFund.
5. Each resident has the right to request, deny orterminate visits with the advocate or his representative.
6. The advocate or his representative is not liablecivilly for the good faith performance of any investigation.
(Added to NRS by 1983, 1026; A 1989, 1485; 1991,1976)
NRS
(Added to NRS by 1991, 1976)
NRS
1. An officer, director or employee of a facility forlong-term care shall not retaliate against any person for having filed acomplaint with, or provided information to, the advocate or any representativeof the advocate.
2. If any person is found, after notice and a hearing,to have violated any provision of subsection 1, the Director, at the request ofthe Administrator, may refer the matter to the Health Division for theimposition of an administrative fine of not more than $1,000 for eachviolation.
3. Any money collected as a result of anadministrative fine imposed pursuant to this section must be deposited in theState General Fund.
(Added to NRS by 1989, 1485)
NRS
1. Inspect any facility for long-term care and anyrecords maintained by the facility. Except as otherwise provided in thissubsection, the medical and personal financial records may be inspected onlywith the informed consent of the resident, his legal guardian or the person orpersons designated as responsible for decisions regarding the resident. If theresident is unable to consent to the inspection and has no legal guardian, theinspection may be conducted without consent.
2. Interview:
(a) Officers, directors and employees of any facilityfor long-term care, including any licensed provider of health care as definedin NRS 629.031, who renders services tothe facility or its residents.
(b) Any resident of the facility and his legalguardian, if any, and his family or the person or persons designated asresponsible for decisions regarding his care if the resident consents to theinterview.
3. Obtain such assistance and information from anyagency of the State or its political subdivisions as is necessary properly toperform the investigation.
(Added to NRS by 1983, 1027; A 1989, 1486)
NRS
1. In appropriate cases and under the Administratorsdirection, the advocate or his representative shall refer the results of hisinvestigation to the governmental agencies with authority to enforce applicablelaws and regulations through administrative, civil or criminal proceedings.
2. The advocate or his representative shall notify thecomplainant of the ultimate disposition of the matter raised in his complaint.
(Added to NRS by 1983, 1027; A 1989, 1486)
NRS
(Added to NRS by 1983, 1027)
COMPLAINTS AGAINST CERTAIN FACILITIES AND AGENCIES THATPROVIDE CARE FOR OLDER PATIENTS
NRS
1. Within 1 year after an older patient sustainsdamage to his property as a result of any act or failure to act by a facilityfor intermediate care, a facility for skilled nursing, a residential facilityfor groups, an agency to provide personal care services in the home or anagency to provide nursing in the home in protecting the property, the olderpatient may file a verified complaint with the Division setting forth the detailsof the damage.
2. Upon receiving a verified complaint pursuant tosubsection 1, the Administrator shall investigate the complaint and attempt tosettle the matter through arbitration, mediation or negotiation.
3. If a settlement is not reached pursuant tosubsection 2, the facility, agency or older patient may request a hearingbefore the Specialist for the Rights of Elderly Persons. If requested, theSpecialist for the Rights of Elderly Persons shall conduct a hearing todetermine whether the facility or agency is liable for damages to the patient.If the Specialist for the Rights of Elderly Persons determines that thefacility or agency is liable for damages to the patient, he shall order theamount of the surety bond pursuant to NRS449.065 or the substitute for the surety bond necessary to pay for thedamages pursuant to NRS 449.067 to bereleased to the Division. The Division shall pay any such amount to the olderpatient or the estate of the older patient.
4. The Division shall create a separate account formoney to be collected and distributed pursuant to this section.
5. As used in this section:
(a) Agency to provide nursing in the home has themeaning ascribed to it in NRS 449.0015;
(b) Agency to provide personal care services in thehome has the meaning ascribed to it in NRS449.0021;
(c) Facility for intermediate care has the meaningascribed to it in NRS 449.0038;
(d) Facility for skilled nursing has the meaningascribed to it in NRS 449.0039;
(e) Older patient has the meaning ascribed to it in
(f) Residential facility for groups has the meaningascribed to it in NRS 449.017.
(Added to NRS by 1997, 1484; A
PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAILELDERLY PERSONS
NRS
1. The Division shall establish and administer aprogram to provide the community-based services necessary to enable a frailelderly person to remain in his own home or with his family and avoid placementin a facility for long-term care. The program may be carried out solely by theDivision or in cooperation with another state agency, the Federal Government orany local government.
2. Any such program established by the Divisionpursuant to this section may have as its goals to:
(a) Foster independence and self-reliance and maintainthe dignity of frail elderly persons and allow them, to the fullest extentpossible, to be an integral part of their families and communities;
(b) Establish in communities throughout the statecommunity-based services which will enable frail elderly persons to remain intheir homes;
(c) Ensure that any frail elderly person who has been,or is at risk of being, placed inappropriately in a facility for long-term careis able to receive the services which will enable him to stay in his home; and
(d) Promote participation by any appropriate public orprivate agency, organization or institution in the development of services thatoffer options to frail elderly persons and foster independent living.
3. The Division shall adopt regulations necessary toestablish and administer the program established pursuant to this section.
(Added to NRS by 1987, 974)
NRS
1. The Division may use personnel of the Division orit may contract with any appropriate public or private agency, organization orinstitution to provide the community-based services necessary to enable a frailelderly person to remain in his home.
2. Any such contract must:
(a) Include a description of the type of service to beprovided;
(b) Specify the price to be paid for each service andthe method of payment; and
(c) Specify the criteria to be used to evaluate theprovision of the service.
(Added to NRS by 1987, 974)
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1. The Division may apply for, accept and expend anyfederal or private grant of money or other type of assistance that becomesavailable to carry out the provisions of NRS427A.250 to 427A.280, inclusive. Anymoney received pursuant to this section must be deposited with the StateTreasurer and accounted for separately in the State General Fund.
2. The Division shall, with the approval of theCommission and Director, establish a schedule of fees to be charged andcollected for any service provided pursuant to
(Added to NRS by 1987, 974)
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(Added to NRS by 1987, 974)
OMBUDSMAN FOR AGING PERSONS
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1. The Office of Ombudsman for Aging Persons is herebycreated within the Aging Services Division of the Department.
2. The Administrator shall appoint the Ombudsman forAging Persons. The person so appointed:
(a) Must be qualified by training and experience toperform the duties and functions of his office; and
(b) Is in the classified service of the State.
(Added to NRS by 1991, 2311)
1. Except as otherwise provided in subsection 2, theOmbudsman for Aging Persons shall provide assistance to persons who are 60years of age or older and do not reside in facilities for long-term care. Theassistance must include at least the:
(a) Coordination of resources and services available toaging persons within their respective communities, including the servicesprovided through the program established pursuant to
(b) Dissemination of information to aging persons onissues of national and local interest, including information regarding theservices of the Ombudsman and the existence of groups of aging persons withsimilar interests and concerns;
(c) Publication of a guide for use in each county ofthis state regarding the resources and services available for aging persons inthe respective county; and
(d) Advocation of issues relating to aging persons.
2. Upon request by the Administrator, the Ombudsmanfor Aging Persons shall temporarily perform the duties of advocates forresidents of facilities for long-term care specified in
(Added to NRS by 1991, 2311; A 1993, 115)
NEVADA SILVER HAIRED LEGISLATIVE FORUM
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(Added to NRS by 1997, 2724; A
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1. The Legislative Commission shall appoint to theNevada Silver Haired Legislative Forum a number of members equal to the numberof State Senators. The persons appointed to the forum must be the personsnominated pursuant to this section. Each member of the Senate shall, afterconsulting with the members of the Assembly who reside within his senatorialdistrict, nominate a person who meets the requirements for appointment to theForum set forth in NRS 427A.340.
2. Appointments to the Nevada Silver HairedLegislative Forum must be made by the Legislative Commission before December 1of an odd-numbered year. The term of a member begins on December 1 of theodd-numbered year of appointment.
3. The members of the Nevada Silver Haired LegislativeForum from Clark County Senatorial Districts 2, 3, 4, 7 and 8, Washoe CountySenatorial Districts 1 and 3, the Capital Senatorial District and the WesternNevada Senatorial District serve an initial term of 1 year. The members of theNevada Silver Haired Legislative Forum from the remaining senatorial districtsserve an initial term of 2 years. After the initial terms, each member serves aterm of 2 years.
(Added to NRS by 1997, 2724; A
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1. Have been a resident of this state for 5 yearsimmediately preceding his appointment;
2. Have been a registered voter in the senatorialdistrict of the Senator who nominated him for 3 years immediately preceding hisappointment; and
3. Be at least 60 years of age on the day that he isappointed.
(Added to NRS by 1997, 2724; A
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(Added to NRS by 1997, 2724)
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1. A position in the Nevada Silver Haired LegislativeForum becomes vacant upon:
(a) The death or resignation of a member.
(b) The illness of a member that prevents him fromattending three consecutive meetings of the Nevada Silver Haired LegislativeForum, unless excused by the President.
(c) The absence of a member for any reason from threeconsecutive meetings of the Nevada Silver Haired Legislative Forum, unlessexcused by the President.
2. If a vacancy occurs, the Legislative Commissionshall appoint a person to serve the remainder of the unexpired term. TheLegislative Commission may appoint a person whose membership in the NationalSilver Haired Congress has ended to fill a vacancy in the Nevada Silver HairedLegislative Forum.
3. As used in this section, President means theperson elected to serve as President of the Nevada Silver Haired LegislativeForum pursuant to NRS 427A.370.
(Added to NRS by 1997, 2725; A
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1. The Nevada Silver Haired Legislative Forum shallelect from among its members, to serve a term of 1 year beginning on July 1 ofeach year:
(a) A President, who shall conduct meetings and overseethe formation of committees as necessary to accomplish the purposes of theNevada Silver Haired Legislative Forum.
(b) A Vice President, who shall assist the Presidentand conduct meetings of the Nevada Silver Haired Legislative Forum if thePresident is absent or otherwise unable to perform his duties.
(c) A Secretary, who shall:
(1) Prepare and keep a record of meetings,including, without limitation, the date, time, place and purpose of everymeeting; and
(2) At the first meeting of the Nevada SilverHaired Legislative Forum on or after July 1 of each year, prepare a list of thedates of the meetings that are scheduled for the year.
(d) A Treasurer, who shall, with the assistance of theDirector of the Legislative Counsel Bureau, administer any account establishedpursuant to NRS 427A.395.
2. The Director of the Legislative Counsel Bureaushall provide such persons as are necessary to assist the Nevada Silver HairedLegislative Forum in carrying out its duties.
(Added to NRS by 1997, 2725; A
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1. The Nevada Silver Haired Legislative Forum may,within the limits of legislative appropriations and any gifts, grants ordonations received by the Forum:
(a) During the period in which the Legislature is notin a regular session, hold three or more public hearings in this State.
(b) During theperiod in which the Legislature is in a regular session, meet as often asnecessary to conduct the business of the Forum.
(c) Formcommittees, which may meet as often as necessary to conduct the business of theForum.
2. The Nevada Silver Haired Legislative Forum and itscommittees shall comply with the provisions of chapter241 of NRS.
(Added to NRS by 1997, 2725; A
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1. Submit a report containing recommendations forlegislative action to the Legislative Commission and the Governor beforeSeptember 1 of each even-numbered year.
2. Accept gifts, grants and donations that must bedeposited in an account established pursuant to
3. Adopt procedures to conduct meetings of the NevadaSilver Haired Legislative Forum and committees thereof. Those procedures may bechanged upon approval of a majority vote of all members of the Nevada SilverHaired Legislative Forum who are present and voting.
(Added to NRS by 1997, 2725; A
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1. All money received by the Nevada Silver HairedLegislative Forum must be deposited in a bank, credit union or other financialinstitution in this state and paid out on its order for its expenses.
2. All expenses incurred by the Nevada Silver HairedLegislative Forum in carrying out the provisions of
(Added to NRS by
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(Added to NRS by 1997, 2726; A
PROPERTY TAX ASSISTANCE FOR SENIOR CITIZENS
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1. The Legislature finds that:
(a) Many senior citizens of this state live on limitedincomes that remain fixed while property taxes and other costs continuallyrise.
(b) The erosion of the income of senior citizens interms of true value threatens to destroy the ability of many to retain ownershipof the homes in which they had planned to spend their later years.
(c) Senior citizens are often forced to divert anexcessive portion of their incomes into the property taxes on their homes, thusleaving an insufficient amount of money for other things essential to theirwell-being.
(d) Many senior citizens who rent their homes or lotsfor mobile homes also pay an excessive portion of their income for propertytaxes through rental payments.
2. The Legislature therefore declares that:
(a) It is the public policy of this state to provideassistance to its senior citizens who are carrying an excessive burden of taxesor rent on residential property in relation to income.
(b) The purpose of the provisions of
(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
1. Home means residential living quarters located inthis State. The quarters may consist of a single dwelling unit, or a unit whichis an integral part of a larger complex such as a multidwelling or amultipurpose building, together with the land upon which the unit is built andany surrounding land, not to exceed 2 acres, and any outbuildings andfacilities reasonably necessary for use of the unit as residential livingquarters.
2. The term includes:
(a) A mobile or manufactured home.
(b) A home, mobile or manufactured home or dwellingthat the claimant and spouse of the claimant possess under a contract of sale,deed of trust, life estate, joint tenancy or tenancy in common.
(c) A residential facility for groups required to be licensedby the Health Division of the Department pursuant to
(d) A dwelling within any housing project which hasbeen established pursuant to chapter 315 ofNRS and for which the housing authority makes payments in lieu of taxes.
3. The term does not include any part of the buildingor land which is not used as living quarters by the claimant and spouse andwhich produces income for the claimant or spouse, if the residential livingquarters are part of a multipurpose building.
(Added to NRS by
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(Added to NRS by
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1. Tax-free interest;
2. The untaxed portion of a pension, individualretirement account or annuity;
3. Railroad retirement benefits;
4. Veterans pensions and compensation;
5. Payments received pursuant to the federal SocialSecurity Act, including supplemental security income, but excluding hospitaland medical insurance benefits for the aged and disabled;
6. Public welfare payments, including allowances forshelter;
7. Unemployment insurance benefits;
8. Payments for lost time;
9. Payments received from disability insurance;
10. Disability payments received pursuant to workerscompensation insurance;
11. Alimony;
12. Support payments;
13. Allowances received by dependents of servicemen;
14. The amount of recognized capital gains and lossesexcluded from adjusted gross income;
15. Life insurance proceeds in excess of $5,000;
16. Bequests and inheritances; and
17. Gifts of cash of more than $300 not betweenhousehold members and such other kinds of cash received by a household as theDivision specifies by regulation.
(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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1. A seniorcitizen whose home is placed upon the secured or unsecured tax roll, who hasowned the home and maintained it as his primary residence since July 1immediately preceding the filing of his claim and whose household income is notmore than $24,016, as adjusted pursuant to subsection 3, is entitled to arefund of the property tax accrued against his home, except as otherwiseprovided in subsection 2, as follows:
(a) If theamount of the applicants household income is at or below the federallydesignated level signifying poverty for a family unit of one or two, theapplicant is entitled to a refund of 100 percent of the property taxes accrued.
(b) If the amount of the applicants household incomeis above the federally designated level signifying poverty for a family unit ofone or two, the applicant is entitled to a refund of a percentage of the propertytaxes accrued based on a graduated schedule adopted by the Division.
2. The amount of the refund must not exceed the amountof the accrued property tax or $500, whichever is less.
3. The maximum allowable income to qualify for arefund set forth in subsection 1 must be adjusted for each fiscal year byadding to $24,016 the product of $24,016 multiplied by the percentage increasein the Consumer Price Index from December 2002 to the November preceding thefiscal year for which the adjustment is calculated.
(Added to NRS by
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1. A senior citizen who has rented and maintained hisprimary residence in a home or on a lot since July 1 of the preceding calendaryear and whose household income is not more than $24,016, as adjusted pursuantto subsection 3 of NRS 427A.515, isentitled to a refund as determined in accordance with the provisions ofsubsection 1 of NRS 427A.515.
2. The amount of the refund provided pursuant tosubsection 1 must not exceed an amount equal to that portion of the rent whichis rent deemed to constitute accrued property tax, even if the rental propertyis exempt from property tax.
(Added to NRS by
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1. For any portion of that year, owned his home andwould have otherwise been entitled to a refund pursuant to
2. For all the remaining portion of that year, renteda home or lot for his primary residence and would have otherwise been entitledto a refund pursuant to NRS 427A.520if he has rented the home for the entire year.
(Added to NRS by
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(Added to NRS by
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1. A claim may be filed with the assessor of thecounty in which the claimants home or mobile home lot is located not earlierthan February 1 and not later than April 30.
2. The claim must be made under oath and filed in suchform and content, and accompanied by such proof, as the Division may prescribe.
3. The Division or county assessor shall provide theappropriate form to each claimant.
4. The county assessor shall, within 30 days afterreceiving a claim for a refund:
(a) Process the application;
(b) Determine the assessed valuation of the property towhich the claim applies, if applicable; and
(c) Submit the claim to the Division.
5. The Division shall not accept a claim submittedpursuant to subsection 4 after July 1, unless an extension of time to file aclaim is provided for by regulation pursuant to
(Added to NRS by
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1. The Division shall examine each claim, granting ordenying it, and if granted, shall determine the refund to which the claimant isentitled.
2. Upon examination, if:
(a) The claim is denied, the Division shall so notifythe claimant by first-class mail.
(b) The claim is granted, the Division shall pay therefund to the claimant not later than August 15, unless the Administratorcannot provide for full refunds of all just claims pursuant to subsection 2 of
(Added to NRS by
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1. Claimant or spouse of the claimant owns realproperty, other than that claimed as a home, which has an assessed value ofmore than $30,000;
2. Home of theclaimant and spouse of the claimant has an assessed value of more than$200,000; or
3. Liquid assets of the claimant and spouse of theclaimant are more than $150,000.
(Added to NRS by
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1. A person may receive assistance pursuant to theprovisions of NRS 427A.450 to
2. The assessed valuation of any property used todetermine a refund pursuant to the provisions of
(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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(Added to NRS by
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1. Any claimant aggrieved by a decision of theDivision or a county assessor which denies the refund claimed pursuant to theprovisions of NRS 427A.450 to
2. Any claimant aggrieved by the denial in whole or inpart of relief claimed pursuant to the provisions of
(Added to NRS by
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1. The Division is responsible for the administrationof the provisions of NRS 427A.450 to
2. The Division may:
(a) Specify by regulation any other kind of income forthe purposes of NRS 427A.485.
(b) Prescribe the content and form of claims andapprove any form used by a county assessor.
(c) Designate the proof required for substantiation ofclaims.
(d) Establish criteria for determining thecircumstances under which a claim may be filed by one of two eligible spouseswithout the consent of the other spouse.
(e) Prescribe that a claimants ownership of his homemust be shown of record.
(f) Provide by regulation that a vendee in possessionof his home under an installment sale contract and responsible for paying theproperty taxes on the home is eligible to claim assistance as a homeowner.
(g) Limit the computation of benefits to the nearestdollar and limit issuance of warrants to $5 or more.
(h) Verify and audit any claims, statements or otherrecords made pursuant to the provisions of NRS427A.450 to 427A.600, inclusive.
(i) Adopt regulations to ensure the confidentiality ofinformation provided by claimants.
(j) Provide by regulation for a limited extension oftime to file a claim in cases of hardship.
(k) Adopt such other regulations as may be required tocarry out the provisions of NRS 427A.450to 427A.600, inclusive.
(Added to NRS by
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1. Money to pay for assistance granted to seniorcitizens pursuant to the provisions of NRS427A.450 to 427A.600, inclusive,must be provided by legislative appropriation from the State General Fund. Themoney so appropriated must be transferred to the Senior Citizens Property TaxAssistance Account in the State General Fund.
2. The Administrator may, from time to time, obtainfrom the State Controller a statement of the balance in the Senior CitizensProperty Tax Assistance Account. The Administrator shall provide for fullrefunds of all just claims if the total amount of the claims does not exceedthe balance in the Account. If the total amount of the claims exceeds thatbalance, the Administrator shall proportionately reduce each claim paid pursuantto paragraph (b) of subsection 1 of NRS427A.515.
3. Money for the administration of the provisions of
4. All claims against the Senior Citizens PropertyTax Assistance Account must be certified by the Administrator or a persondesignated by the Administrator and, if certified and approved by the StateBoard of Examiners, the State Controller shall draw his warrant against theAccount.
5. Any money remaining in the Senior CitizensProperty Tax Assistance Account at the end of the fiscal year must remain inthe Account and is available for use in the following fiscal year.
(Added to NRS by
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(Added to NRS by
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