Senate Bill No. 174–Senators Rawson and Titus

 

Joint Sponsors: Assemblymen  Marvel, Giunchigliani,
Parks, Leslie and Buckley

 

CHAPTER..........

 

AN ACT relating to persons with disabilities; requiring cooperative efforts to enable existing state programs to make available community-based services for the provision of minimum essential personal assistance to certain of those persons and to establish a program to govern the provision of those services; making an appropriation; and providing other matters properly relating thereto.

 

   Whereas, People of all ages with severe functional disabilities are often forced to live in unsafe conditions or an institutional setting because of their inability to obtain essential personal assistance in their communities; and

   Whereas, Many of those people require only minimal personal assistance to live safely and independently in their communities; and

   Whereas, The potential cost for the state to provide institutional care for all those people far exceeds the cost to provide them with essential personal care in their communities; and

   Whereas, Those people should have available at least such minimum essential personal assistance as is appropriate for them to avoid placement in an institutional setting without regard to their age, marital or family status, race, national origin, cultural background, religion, gender, sexual preference or geographic location; and

   Whereas, Existing state programs provide a sufficient framework within which to make essential personal assistance available to those people; and

   Whereas, It is the goal of this state to ensure that at least minimal essential personal assistance services are available to all residents of this state with severe functional disabilities who, if provided access to such services, will remain safely in their homes and communities and avoid being placed in an institutional setting, and to provide those people with meaningful choices and the maximum feasible amount of control over the essential personal assistance they receive; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Chapter 426 of NRS is hereby amended by adding thereto

 the provisions set forth as sections 2 to 11, inclusive, of this act.

   Sec. 2.  As used in sections 2 to 11, inclusive, of this act, unless the

 context otherwise requires, the words and terms defined in sections 3 to

 8, inclusive, of this act have the meanings ascribed to them in those

 sections.

   Sec. 3.  “Advisory committee” means the advisory committee on

 personal assistance for persons with severe functional disabilities

 created pursuant to section 11 of this act.

   Sec. 4.  “Minimum essential personal assistance” means the

 assistance of a person with a severe functional disability for 6 hours or

 less per day in:

   1.  Eating;

   2.  Bathing;

   3.  Toileting;

   4.  Dressing;

   5.  Moving about; and

   6.  Taking care of himself.

   Sec. 5.  “Reasonably adequate state funding” means the amount of

 state funding that can reasonably be accommodated within state

 budgetary limitations, as determined by the governor and the legislature

 for each biennial session of the legislature.

   Sec. 6.  “Recipient” means a recipient of minimum essential

 personal assistance through a state personal assistance program.

   Sec. 7.  “Severe functional disability” means any physical or mental

 condition pursuant to which a person is unable, without substantial

 assistance from another person, to eat, bathe and toilet.

   Sec. 8.  “State personal assistance program” means a program

 established pursuant to NRS 422.396, 427A.250 or 615.173.

   Sec. 9.  1.  Each state personal assistance program must make

 available, within a reasonable period after receiving a request therefor

 and in accordance with any conditions upon the receipt of federal

 funding and considering the amount of reasonably adequate state

 funding, community-based services to provide minimum essential

 personal assistance to residents of this state with severe functional

 disabilities who would, with the provision of that assistance, be able to

 live safely and independently in their communities outside of an

 institutional setting.

   2.  The provisions of sections 2 to 11, inclusive, of this act must not be

 construed to:

   (a) Prevent a person with a severe functional disability from receiving

 more than 6 hours of minimum essential personal assistance per day

 from a state personal assistance program if such assistance is available

 pursuant to the program; or

   (b) Prevent a person with a disability other than a severe functional

 disability from receiving services from a state personal assistance

 program if such assistance is available pursuant to the program.

   Sec. 10.  The director of the department of human resources, in

 cooperation with the director of the department of employment, training

 and rehabilitation and in consultation with the advisory committee,

 shall:

   1.  Determine the amount of state funding necessary each biennium

 to carry out section 9 of this act.

   2.  Ensure that the amount of funding determined to be necessary

 pursuant to subsection 1 is included in the budgetary request of the

 appropriate department or agency for the biennium, and that the

 budgetary request includes funding for any increase in the number of

 cases handled by the state personal assistance programs.

   3.  Establish a program to govern the services provided to carry out

 section 9 of this act, within the limitations of any conditions upon the

 receipt of state or federal funding, including:

   (a) Minimum standards for the provision of minimum essential

personal assistance, including, to the extent authorized by state and

 federal law, the provision of services in accordance with NRS 629.091;

   (b) Minimum qualifications and training requirements for providers

 of minimum essential personal assistance;

   (c) Standards for the financial operation of providers of minimum

 essential personal assistance;

   (d) The development of an individual service plan for the provision of

 minimum essential personal assistance to each recipient;

   (e) Procedures to appeal the denial or modification of an individual

 service plan for the provision of minimum essential personal assistance

 and to resolve any disputes regarding the contents of such a plan;

   (f) Continuous monitoring of the adequacy and effectiveness of the

 provision of minimun essential personal assistance to each recipient;

   (g) Mandatory requirements and procedures for reporting the abuse,

 neglect or exploitation of a recipient;

   (h) The receipt of meaningful input from recipients, including surveys

 of recipients, regarding the extent to which recipients are receiving the

 services described in their individual service plans and their satisfaction

 with those services; and

   (i) Continuing procedures for soliciting public input regarding the

 development, implementation and review of the program.

   4.  Review and modify the program established pursuant to

 subsection 3 as appropriate to provide recipients with as much

 independence and control over the provision of minimum essential

 personal assistance as is feasible.

   5.  Submit to each regular session of the legislature and make

 available to members of the public any recommendations for legislation

 to carry out section 9 of this act and to carry out or improve the program

 established pursuant to subsection 3.

   6.  Submit to each regular session of the legislature a report

 regarding the expenditure of any money received to carry out sections 2

 to 11, inclusive, of this act, that must include information regarding:

   (a) The fiscal and other effects of services provided to carry out

 section 9 of this act;

   (b) The results of the program established pursuant to subsection 3;

 and

   (c) The percentage change in the number of residents of this state

 with severe functional disabilities who are able to avoid or leave

 institutional care as a result of the receipt of minimum essential

 personal assistance through community-based services.

   Sec. 11.  1.  The advisory committee on personal assistance for

 persons with severe functional disabilities is hereby created in the

 department.

   2.  The governor shall:

   (a) Solicit recommendations for the appointment of members to the

 advisory committee from organizations that are representative of a broad

 range of persons with disabilities and organizations interested in the

 provision of personal services to persons with functional disabilities.

   (b) Appoint to the advisory committee such members as he deems

appropriate to represent a broad range of persons with disabilities from

 diverse backgrounds, including, without limitation, one or more persons

 who are representative of:

     (1) The Nevada commission on aging and seniors with disabilities.

     (2) The statewide independent living council established in this

 state pursuant to 29 U.S.C. § 796d.

     (3) The state council on developmental disabilities established in

 this state pursuant to section 125 of the Developmental Disabilities

 Assistance and Bill of Rights Act of 2000.

     (4) Centers for independent living established in this state.

     (5) Providers of personal services to persons with disabilities,

 including providers who receive state funding for that purpose.

     (6) Persons with disabilities who receive personal assistance

 services.

   3.  The majority of the members of the advisory committee must be

 persons with disabilities.

   4.  After the initial term, the term of each member is 2 years.

   5.  Members of the advisory committee serve without compensation,

 except that each member is entitled, while engaged in the business of the

 advisory committee, to the per diem allowance and travel expenses

 provided for state employees generally.

   6.  A majority of the members of the advisory committee constitutes a

 quorum for the transaction of business, and a majority of a quorum

 present at any meeting is sufficient for any official action taken by the

 advisory committee.

   7.  The advisory committee shall:

   (a) At its first meeting and annually thereafter, elect a chairman from

 among its members.

   (b) Meet at the call of the director, the chairman or a majority of its

 members quarterly or as is necessary, within the budget of the advisory

 committee, to provide the director with appropriate assistance to carry

 out the provisions of section 9 of this act.

   Sec. 12.  As soon as practicable after the effective date of this act, the

 governor shall appoint to the advisory committee on personal assistance

 for persons with severe functional disabilities created pursuant to section

 11 of this act:

   1.  To the extent feasible, half of its members to serve initial terms of 2

 years; and

   2.  The remainder of its members to serve initial terms of 4 years.

   Sec. 13.  1.  There is hereby appropriated from the state general fund

 to the director of the department of employment, training and

 rehabilitation for per diem allowances and travel expenses of the advisory

 committee on personal assistance for persons with severe functional

 disabilities created pursuant to section 11 of this act:

For the fiscal year 2001-2002.. $5,000

For the fiscal year 2002-2003.. $5,000

   2.  Any balance of the sums appropriated by subsection 1 remaining at

 the end of the respective fiscal years must not be committed for

 

expenditure after June 30 of the respective fiscal years and reverts to the

state general fund as soon as all payments of money committed have been

 made.

   Sec. 14.  This act becomes effective upon passage and approval.

 

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