Senate Bill No. 342–Committee on Taxation

 

(On Behalf of Long-Term Care in Nevada (SCR 4))

 

March 14, 2001

____________

 

Referred to Committee on Finance

 

SUMMARY—Establishes pilot program to provide support services for persons who provide care for certain persons with brain damage. (BDR S‑302)

 

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 aging services division of the department of human resources to establish a pilot program to provide support services for persons who provide care for certain persons with brain damage; authorizing the division to contract for the provision of services required to carry out the pilot program; 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.  As used in this act, unless the context otherwise requires,

1-2  the words and terms defined in sections 2 to 9, inclusive, of this act have

1-3  the meanings ascribed to them in those sections.

1-4    Sec. 2.  “Brain damage” means a significant destruction of brain tissue

1-5  that results in the loss of the functioning of the brain and includes, without

1-6  limitation:

1-7    1.  Progressive, degenerative, and dementing illnesses, including,

1-8  without limitation, presenile and senile dementias, Alzheimer’s disease,

1-9  multi-infarct disease, Pick’s disease and Kreutzfeldt-Jakob’s disease.

1-10    2.  Degenerative diseases of the central nervous system that may result

1-11  in dementia or severe impairment of the brain, including, without

1-12  limitation, epilepsy, multiple sclerosis, Parkinson’s disease, amyotrophic

1-13  lateral sclerosis and Huntington’s disease and other hereditary diseases.

1-14    3.  Permanent damage caused by strokes, including, without limitation,

1-15  cerebral hemorrhage, aneurysm and embolism.

1-16    4.  Posttraumatic, postanoxic and postinfectious damage caused by

1-17  incidents, including, without limitation, coma, accidental injuries to the

2-1  skull, closed head injuries, loss of oxygen and encephalitis, herpes simplex,

2-2  tuberculosis and other infections.

2-3    5.  Permanent brain damage or temporary or progressive dementia

2-4  caused by tumors, hydrocephalus, abscesses, seizures and substance

2-5  toxicity.

2-6    Sec. 3.  “Brain-impaired adult” means a person whose brain damage

2-7  occurred after the age of 18.

2-8    Sec. 4.  “Caregiver” means any family member or other person who:

2-9    1.  Provides care for a brain-impaired adult; and

2-10    2.  Is not compensated for providing that care.

2-11    Sec. 5.  “Division” means the aging services division of the

2-12  department of human resources.

2-13    Sec. 6. “Family member” means any person who provides care for a

2-14  brain-impaired adult and is:

2-15    1.  Related to the brain-impaired adult; or

2-16    2.  Appointed guardian or conservator of the brain-impaired adult by a

2-17  court of competent jurisdiction.

2-18    Sec. 7.  “Request for proposals” has the meaning ascribed to it in NRS

2-19  333.020.

2-20    Sec. 8. “Respite care” means the supervision of or care provided for a

2-21  brain-impaired adult by a person other than the caregiver to:

2-22    1.  Relieve the caregiver from the responsibility of providing care for

2-23  the brain-impaired adult on a continuous basis; and

2-24    2.  Enable the caregiver to fulfill obligations and engage in activities

2-25  other than providing care for the brain-impaired adult.

2-26    Sec. 9.  “Support services” means the services provided to a caregiver

2-27  pursuant to the pilot program established by section 10 of this act. The term

2-28  includes the services set forth in paragraphs (a), (b) and (c) of subsection 1

2-29  of section 13 of this act.

2-30    Sec. 10. 1.  The division shall:

2-31    (a) Establish a pilot program to provide support services to caregivers of

2-32  brain-impaired adults;

2-33    (b) Designate an urban area and a rural area in this state where the

2-34  support services will be provided;

2-35    (c) Determine the number of employees required for each area where

2-36  the support services will be provided; and

2-37    (d) Consult with other organizations that provide services to brain-

2-38  impaired adults, family members and caregivers to coordinate the support

2-39  services provided pursuant to the pilot program with the services provided

2-40  by other organizations, including, without limitation, the division of mental

2-41  health and developmental services of the department of human resources.

2-42    2.  The division may enter into a contract for the provision of services

2-43  required to carry out the pilot program established pursuant to subsection 1.

2-44    Sec. 11.  The division may, within the limitations of legislative

2-45  appropriation, contract with a consultant to assist the division in carrying

2-46  out its duties pursuant to sections 2 to 14, inclusive, of this act, including,

2-47  without limitation:

2-48    1.  If the division determines that it will enter into a contract pursuant

2-49  to section 10 of this act:

3-1    (a) Developing a request for proposals; and

3-2    (b) Evaluating the responses received by the division to the request for

3-3  proposals;

3-4    2.  Developing a sliding scale for determining the amount that a person

3-5  is required to pay for the support services he receives; and

3-6    3.  Developing criteria for the report that is required to be submitted to

3-7  the director of the legislative counsel bureau pursuant to section 12 of this

3-8  act.

3-9    Sec. 12.  1.  The division shall:

3-10    (a) Determine the support services that the pilot program will provide in

3-11  each area.

3-12    (b) If the division determines that it will enter into a contract pursuant to

3-13  section 10 of this act:

3-14      (1) Prepare requests for proposals based on the services required to

3-15  carry out the pilot program as determined pursuant to this subsection;

3-16      (2) Accept those proposals; and

3-17      (3) Review the proposals submitted and award a contract for support

3-18  services.

3-19    (c) On or before February 1 of each year following a fiscal year in

3-20  which the pilot program provided support services, submit a report

3-21  concerning the pilot program to the director of the legislative counsel

3-22  bureau for transmittal to the senate standing committee on finance and the

3-23  assembly standing committee on ways and means if the legislature is in

3-24  session, or to the interim finance committee if the legislature is not in

3-25  session.

3-26    2.  As used in this section, “fiscal year” means a period beginning on

3-27  July 1 and ending on the following June 30.

3-28    Sec. 13. 1.  Each area where support services are provided must:

3-29    (a) Provide information, advice and referrals to a caregiver relating to:

3-30      (1) Diagnostic procedures;

3-31      (2) Long-term care;

3-32      (3) Legal and financial matters;

3-33      (4) Mental health; and

3-34      (5) Caregiving techniques;

3-35    (b) Provide respite care;

3-36    (c) Provide training and educational programs for brain-impaired adults,

3-37  family members, caregivers and providers of support services;

3-38    (d) Identify the services required by the caregivers residing in that area,

3-39  determine whether those services are provided by the pilot program and

3-40  provide that information to the division; and

3-41    (e) Assist the division in such activities as the division determines are

3-42  necessary to carry out the provisions of sections 2 to 14, inclusive, of this

3-43  act.

3-44    2.  The respite care provided pursuant to this section:

3-45    (a) Must, to the extent practicable, be provided in a local facility or by a

3-46  local agency, including, without limitation:

3-47      (1) An agency to provide nursing in the home; and

3-48      (2) A facility for the care of adults during the day;

4-1    (b) Must, to the extent practicable, be provided in a manner that allows

4-2  the caregiver to chose whether the respite care will be provided for a period

4-3  of consecutive days or for a number of cumulative days within a specific

4-4  period; and

4-5    (c) May be provided by a provider of respite care chosen by the

4-6  caregiver, including, without limitation:

4-7       (1) A provider of home health care other than an agency to provide

4-8  nursing in the home; and

4-9       (2) A facility outside the home other than a facility for the care of

4-10  adults during the day.

4-11    3.  As used in this section:

4-12    (a) “Agency to provide nursing in the home” has the meaning ascribed

4-13  to it in NRS 449.0015.

4-14    (b) “Facility for the care of adults during the day” has the meaning

4-15  ascribed to it in NRS 449.004.

4-16    Sec. 14. 1.  A person who receives support services may be required

4-17  to pay a portion of the cost of those support services based upon his ability

4-18  to pay, except that he must not be required to pay more than the actual cost

4-19  of the support services.

4-20    2.  A person may not be denied support services solely because of his

4-21  inability to pay for the support services.

4-22    3.  A person who is eligible to receive Medicaid is not entitled to

4-23  receive respite care provided by the pilot program.

4-24    Sec. 15.  1.  There is hereby appropriated from the state general fund

4-25  to the aging services division of the department of human resources the

4-26  sum of $782,740 to carry out the pilot project established pursuant to

4-27  section 10 of this act.

4-28    2.  Any remaining balance of the appropriation made pursuant to

4-29  subsection 1 must not be committed for expenditure after June 30, 2003,

4-30  and reverts to the state general fund as soon as all payments of money

4-31  committed have been made.

4-32    Sec. 16. This act becomes effective on July 1, 2001, and expires by

4-33  limitation on June 30, 2005.

 

4-34  H