Senate Bill No. 206–Committee on Human Resources
and Facilities

 

February 20, 2001

____________

 

Referred to Committee on Finance

 

SUMMARY—Requires department of human resources to establish certain programs for respite services. (BDR 38‑265)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Contains Appropriation not included in Executive Budget.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to health care; requiring the department of human resources to establish certain programs for respite services; authorizing the department to award a grant to a person to operate certain programs established by the department; making an appropriation; 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 422 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 to 12, inclusive, of this act.

1-3    Sec. 2.  As used in sections 2 to 12, inclusive, of this act, unless the

1-4  context otherwise requires, the words and terms defined in sections 3 to

1-5  8, inclusive, of this act have the meanings ascribed to them in those

1-6  sections.

1-7    Sec. 3.  “Caregiver” means a person who provides care for a person

1-8  who, because of a mental or physical disability, is unable to care for

1-9  himself.

1-10    Sec. 4.  “Community program” means a program established to

1-11  provide respite services pursuant to the provisions of section 10 of this

1-12  act.

1-13    Sec. 5.  “Person” includes a government, governmental agency or a

1-14  political subdivision of a government.

1-15    Sec. 6.  “Provider” means any person who provides respite care for a

1-16  caregiver.

1-17    Sec. 7.  “Respite care” means care provided for a period prescribed

1-18  by the department for a person who, because of a mental or physical

1-19  disability:

1-20    1.  Is unable to care for himself; and

2-1    2.  Receives care from a caregiver.

2-2    Sec. 8.  “Respite services” includes, without limitation:

2-3    1.  Recruiting and approval of providers;

2-4    2.  Identifying courses or other opportunities to provide training for

2-5  providers;

2-6    3.  Matching families and caregivers with providers;

2-7    4.  Identifying sources of money for the payment of respite care;

2-8    5.  Identifying, developing and coordinating resources for providing

2-9  or obtaining respite care;

2-10    6.  Evaluating the respite care offered by a provider; and

2-11    7.  Providing assistance to a caregiver and the members of the family

2-12  of the caregiver by identifying the requirements of the caregiver and

2-13  members for respite care.

2-14    Sec. 9.  1.  The department shall establish a program for respite

2-15  services. The program must:

2-16    (a) Develop and encourage coordination of respite services in this

2-17  state;

2-18    (b) Prepare and make available to the general public information

2-19  concerning the respite services provided by the program or any

2-20  community program;

2-21    (c) Identify issues relating to the provision of respite services in this

2-22  state and propose solutions for those issues;

2-23    (d) Provide technical assistance to each community program,

2-24  including, without limitation, preparing and distributing information for

2-25  the establishment and operation of those programs;

2-26    (e) Promote the exchange of information concerning respite services

2-27  among providers, caregivers, community programs and local

2-28  governments in this state that provide respite services;

2-29    (f) Insofar as practicable, ensure access for persons for any respite

2-30  services provided by the program or a community program;

2-31    (g) Monitor, evaluate and supervise the operation of each community

2-32  program; and

2-33    (h) Perform any other duty assigned to it by the department.

2-34    2.  The director shall appoint a person to administer the program for

2-35  respite services. The person serves at the pleasure of the director.

2-36    Sec. 10.  1.  Except as otherwise provided in subsection 2, the

2-37  department shall establish a community program in each of the following

2-38  areas:

2-39    (a) The area that includes Elko, Eureka, Lander and White Pine

2-40  counties;

2-41    (b) The area that includes Esmeralda, Lincoln and Nye counties;

2-42    (c) The area that includes Churchill, Lyon, Mineral and Storey

2-43  counties;

2-44    (d) The area that includes Carson City and Douglas and Washoe

2-45  counties;

2-46    (e) The area that includes Humboldt and Pershing counties; and

2-47    (f) Clark County.

2-48    2.  The department may establish additional community programs. If

2-49  the department establishes any additional community program, the area

3-1  served by that program may include any portion of an area that is served

3-2  by a community program specified in subsection 1.

3-3    3.  Before establishing a community program, the department shall

3-4  appoint a person to operate the program. The department shall, by

3-5  regulation, specify the procedure for applying for:

3-6    (a) An appointment as an operator of a community program and the

3-7  requirements to qualify for that appointment; and

3-8    (b) A grant of money from the department to operate the community

3-9  program and the criteria the department must consider in determining

3-10  whether to award such a grant.

3-11    4.  Each community program must:

3-12    (a) Provide respite services within the area in which it is established;

3-13    (b) Prepare and make available to the general public information

3-14  relating to respite care and the respite services provided by the

3-15  community program;

3-16    (c) Upon request, provide assistance to a person in obtaining respite

3-17  care and any respite services provided by the community program or, if

3-18  the community program does not provide a respite service that is required

3-19  by that person, refer the person to a provider; and

3-20    (d) Before preparing or revising any plan to provide respite services,

3-21  request recommendations and advice from the members of the general

3-22  public who reside within the area served by the community program

3-23  concerning the respite services that are required in that area.

3-24    5.  To assist in carrying out the duties of a community program, the

3-25  operator of the program shall create an advisory committee consisting of

3-26  eight members. The operator shall appoint to the advisory committee:

3-27    (a) One member who represents caregivers;

3-28    (b) One member who represents providers;

3-29    (c) One member who represents local organizations that provide

3-30  respite services;

3-31    (d) One member who represents elderly persons;

3-32    (e) One member who represents persons with disabilities;

3-33    (f) One member who represents families who provide foster care;

3-34    (g) One member who represents families who are at risk of abuse and

3-35  neglect of elderly persons; and

3-36    (h) One member who represents the general public.

3-37    6.  The members of the advisory committee serve without

3-38  compensation and are not entitled to receive a per diem allowance or

3-39  travel expenses.

3-40    Sec. 11.  The department may:

3-41    1.  Employ such professional, technical and clerical staff as are

3-42  necessary to assist the department in carrying out the provisions of

3-43  sections 2 to 12, inclusive, of this act; and

3-44    2.  Apply for and accept any gift, grant, appropriation or donation,

3-45  and use the gift grant appropriation or donation to carry out its duties

3-46  pursuant to the provisions of sections 2 to 12, inclusive, of this act.

3-47    Sec. 12.  The department shall adopt regulations to carry out the

3-48  provisions of sections 2 to 12, inclusive, of this act.

4-1    Sec. 13.  1.  There is hereby appropriated from the state general fund

4-2  to the department of human resources the sum of $1,000,000 to carry out

4-3  the provisions of sections 2 to 12, inclusive, of this act.

4-4    2.  Any remaining balance of the appropriation made by subsection 1

4-5  must not be committed for expenditure after June 30, 2003, and reverts to

4-6  the state general fund as soon as all payments of money committed have

4-7  been made.

4-8    Sec. 14.  1.  This section and section 13 of this act become effective

4-9  upon passage and approval.

4-10    2.  Sections 1 to 12, inclusive, of this act become effective:

4-11    (a) Upon passage and approval for the purpose of adopting regulations

4-12  by the department of human resources to carry out the provisions of

4-13  sections 2 to 12, inclusive, of this act; and

4-14    (b) On January 1, 2002, for all other purposes.

 

4-15  H