Assembly Bill No. 250–Committee on Health and Human Services

(On Behalf of Aging Services Division)

February 16, 1999

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Referred to Committee on Health and Human Services

 

SUMMARY—Revises provisions governing duties of specialist for rights of elderly persons within aging services division of department of human resources. (BDR 38-634)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to elderly persons; revising the provisions governing the duties of the specialist for the rights of elderly persons within the aging services division of the department of human resources; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 427A of NRS is hereby amended by adding

1-2 thereto a new section to read as follows:

1-3 As used in NRS 427A.123 to 427A.1236, inclusive, unless the context

1-4 otherwise requires, "elderly person" means a person who is 60 years of

1-5 age or older.

1-6 Sec. 2. NRS 427A.1234 is hereby amended to read as follows:

1-7 427A.1234 1. The specialist for the rights of elderly persons shall:

1-8 (a) Provide advocacy and education relating to the legal rights of

1-9 elderly persons and shall provide for the development of legal services to

1-10 assist elderly persons in securing and maintaining their legal rights.

1-11 (b) Provide, upon request, technical assistance, training and other

1-12 support relating to the legal rights of elderly persons to:

1-13 (1) An attorney who is providing legal services for an elderly

1-14 person;

1-15 (2) An employee of a law enforcement agency;

2-1 (3) An advocate for residents of facilities for long-term care;

2-2 (4) An employee of an office for protective services of any county;

2-3 and

2-4 (5) An employee of the division.

2-5 (c) Review existing and proposed policies, legislation and regulations

2-6 that affect elderly persons, and make recommendations as appropriate to

2-7 the administrator.

2-8 (d) Review and analyze information relating to the nature and extent

2-9 of abuse, neglect, exploitation and isolation of elderly persons to identify

2-10 services that need to be provided, including, without limitation:

2-11 (1) Methods of intervening on behalf of an elderly person to protect

2-12 the elderly person from abuse, neglect, exploitation or isolation; and

2-13 (2) Enforcing the laws of this state governing abuse, neglect,

2-14 exploitation and isolation of elderly persons.

2-15 2. The specialist for the rights of elderly persons may:

2-16 [1.] (a) Have access to, inspect, copy and subpoena all records in the

2-17 possession of any clerk of a court, law enforcement agency or public or

2-18 private institution, wherever situated, that relate to the abuse, [exploitation

2-19 or] , neglect , exploitation or isolation of an elderly person.

2-20 [2.] (b) Have access to all written records in the possession of any

2-21 person, government, governmental agency or political subdivision of a

2-22 government that relate to the abuse , [or] neglect , exploitation or isolation

2-23 of an elderly person.

2-24 [3.] (c) Represent and assist any incompetent person until a guardian is

2-25 appointed for that person.

2-26 [4.] (d) Use the information obtained pursuant to paragraphs (a) and

2-27 (b) to resolve complaints relating to the abuse, neglect, exploitation or

2-28 isolation of an elderly person.

2-29 (e) Develop services relating to financial management for an elderly

2-30 person who is at risk of having a guardian or conservator appointed by a

2-31 court to manage his property.

2-32 (f) Appear as amicus curiae on behalf of elderly persons in any court

2-33 in this state.

2-34 (g) Perform such other functions as are necessary to carry out his duties

2-35 and the functions of his office.

2-36 Sec. 3. This act becomes effective upon passage and approval.

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