- Senate Bill No. 433-Senators Rawson, Adler, Coffin, James, Mathews, O'Donnell, Regan, Schneider, Townsend, Washington and Wiener
CHAPTER
553
- AN ACT relating to public welfare; requiring the department of human resources to establish and administer a program to provide certain services to persons with physical disabilities; requiring the department to request a waiver to amend the state plan for Medicaid to include those services as medical assistance under the plan; requiring the department to contract with the department of employment, training and rehabilitation to coordinate the provision of those services; making an appropriation; and providing other matters properly relating thereto.
[Approved July 16, 1997]
- THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in sections 3 and 4 of this act, unless the context otherwise requires, "person with a physical disability" means a person with a severe physical disability that substantially limits his ability to participate and contribute independently in the community in which he lives.
Sec. 3. 1. The department, through a division of the department designated by the director, shall establish and administer a program to provide community-based services necessary to enable a person with a physical disability to remain in his home or with his family and avoid placement in a facility for long-term care. The department shall contract with the department of employment, training and rehabilitation to coordinate the provision of community-based services pursuant to this section.
2. The department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1396n(c) that authorizes the department to amend the state plan for Medicaid adopted by the department pursuant to NRS 422.270 in order to authorize the department to include as medical assistance under the state plan the following services for persons with physical disabilities:
(a) Respite care;
(b) Habilitation;
(c) Residential habilitation;
(d) Environmental modifications;
(e) Supported living;
(f) Supported living habilitation;
(g) Supported personal care; and
(h) Any other community-based services approved by the Secretary of Health and Human Services.
The department shall cooperate with the Federal Government in obtaining a waiver pursuant to this subsection.
3. The department shall, in consultation with department of employment, training and rehabilitation, adopt regulations necessary to carry out the provisions of this section, including, without limitation, the criteria to be used in determining eligibility for the services provided pursuant to the program. Before adopting regulations pursuant to this section, the department shall solicit comments from persons with a variety of disabilities and members of the families of those persons.
Sec. 4. On or before December 31 of each even-numbered year, the director shall:
1. Prepare a report of the effectiveness of the program administered pursuant to section 3 of this act during the preceding biennium; and
2. Submit the report to the governor and to the director of the legislative counsel bureau for transmittal to the next regular session of the Nevada legislature.
Sec. 5. Chapter 426 of NRS is hereby amended by adding thereto a new section to read as follows:
Sec. 6. 1. The department of employment, training and rehabilitation may, to carry out its obligations under a contract entered into with the department of human resources pursuant to section 3 of this act, use the personnel of the department of employment, training and rehabilitation or contract with any appropriate public or private agency, organization or institution to provide the community-based services necessary to enable a person with a physical disability to remain in his home or with his family and avoid placement in a facility for long-term care.
2. A contract entered into with a public or private agency, organization or institution pursuant to subsection 1 must:
(a) Include a description of the type of service to be provided;
(b) Specify the price to be paid for each service and the method of payment; and
(c) Specify the criteria to be used to evaluate the provision of the service.
3. As used in this section, "person with a physical disability" has the meaning ascribed to it in section 2 of this act.
Sec. 7. 1. There is hereby appropriated from the state general fund to the department of employment, training and rehabilitation the sum of $500,000 to coordinate, in accordance with a contract entered into with the department of human resources pursuant to section 3 of this act, the provision of community-based services necessary to enable a person with a physical disability to remain in his home or with his family and avoid placement in a facility for long-term care.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 8. 1. Before the department of human resources establishes the program required pursuant to section 3 of this act, the department, in consultation with the department of employment, training and rehabilitation, shall:
(a) Submit a report to the interim finance committee concerning the program; and
(b) Receive the approval of the interim finance committee to establish the program.
2. The report required pursuant to subsection 1 must include:
(a) The services that will be provided pursuant to the program;
(b) An estimate of:
(1) The number of persons to whom services will be provided pursuant to the program;
(2) The cost of each service that will be provided pursuant to the program; and
(3) The costs to administer the program and provide services pursuant to the program for the biennium during which the program is established; and
(c) Any other information requested by the interim finance committee.
Sec. 9. 1. This section and section 7 of this act become effective on June 30, 1997.
2. Sections 1 to 6, inclusive, and 8 of this act become effective on October 1, 1997.
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