Senate Bill No. 486–Committee on Human
Resources and Facilities

 

March 23, 2001

____________

 

Referred to Committee on Finance

 

SUMMARY—Creates Task Force for Community-Based Services for Persons with Disabilities. (BDR S‑970)

 

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 persons with disabilities; creating the Task Force for Community-Based Services for Persons with Disabilities; prescribing its powers and duties; making an appropriation; and providing other matters properly relating thereto.

 

   Whereas, Nevada’s level of funding services for persons with disabilities is one of the lowest in the nation; and

   Whereas, Nevada has traditionally used the state budget process to define the needs of the state in relation to the amount of money available for that purpose; and

   Whereas, Because of this approach, the State of Nevada has not determined the appropriate levels of funding for services required by federal law for community-based services for persons with disabilities; and

   Whereas, The development of a comprehensive state plan for providing services to persons with disabilities and their families is of utmost importance to this state; and

   Whereas, Such a plan would also put the State in compliance with recent court cases and the recommendations of the federal Health Care Financing Administration, thereby avoiding potential litigation; now therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. As used in sections 2 to 6, inclusive, of this act, “Task

1-2  Force” means the Task Force for Community-Based Services for Persons

1-3  with Disabilities created pursuant to section 2 of this act.

2-1    Sec. 2.  1.  The Task Force for Community-Based Services for

2-2  Persons with Disabilities, consisting of 13 members, is hereby created. The

2-3  Task Force consists of:

2-4    (a) One member of the Senate Committee on Finance, appointed by the

2-5  Majority Leader of the Senate;

2-6    (b) One member of the Assembly Committee on Ways and Means,

2-7  appointed by the Speaker of the Assembly;

2-8    (c) One member who has knowledge of the needs of the mentally ill and

2-9  the services available to meet those needs, appointed by the Commission

2-10  on Mental Health and Developmental Services;

2-11    (d) One member who is an employee of the Department of Human

2-12  Resources and has knowledge and experience concerning services provided

2-13  for persons with developmental disabilities, appointed by the Director of

2-14  the Department;

2-15    (e) One member who is an employee of the Department of Human

2-16  Resources and has knowledge and experience concerning services provided

2-17  for persons with physical disabilities, appointed by the Director of the

2-18  Department;

2-19    (f) One member who is the chairman of the State Independent Living

2-20  and Developmental Disabilities Councils or his designee;

2-21    (g) One member who is an employee of the Department of

2-22  Employment, Training and Rehabilitation and who has responsibility for

2-23  provision of community-based services to people with physical,

2-24  neurological or sensory disabilities, appointed by the Director of the

2-25  Department;

2-26    (h) One member who is a provider of community-based residential

2-27  services for persons with developmental disabilities, appointed by the

2-28  Governor from a list of three names submitted by the Nevada Association

2-29  of Service Providers;

2-30    (i) One member who is a provider of jobs and day treatment for persons

2-31  with developmental disabilities, appointed by the Governor from a list of

2-32  three names submitted by the Community Training Association;

2-33    (j) One member who is a provider of community-based services for

2-34  persons with physical and neurological disabilities, appointed by the

2-35  Governor from a list of four names submitted by the Nevada Forum on

2-36  Disabilities;

2-37    (k) One member who represents persons with developmental disabilities

2-38  who receive services provided by the Department of Human Resources,

2-39  appointed by the Governor from a list of three names submitted by the

2-40  State Independent Living and Developmental Disabilities Councils;

2-41    (l) One member who represents persons with physical and neurological

2-42  disabilities who receive services provided by the Department of Human

2-43  Resources, appointed by the Governor from a list of three names submitted

2-44  by the Commission on Mental Health and Developmental Services; and

2-45    (m) One member who represents families of children with disabilities,

2-46  appointed by the Governor from a list of three names submitted by the

2-47  Division of Child and Family Services of the Department of Human

2-48  Resources.

3-1    2.  Vacancies of members appointed to the Task Force must be filled in

3-2  the same manner as original appointments.

3-3    Sec. 3.  1.  The members of the Task Force shall meet at the call of

3-4  the chairman or a majority of the members of the Task Force. The Task

3-5  Force shall prescribe regulations for its management and government.

3-6    2.  At its first meeting, the Task Force shall elect a chairman and vice

3-7  chairman from among its members.

3-8    3.  Seven members of the Task Force constitute a quorum, and a

3-9  quorum may exercise all the powers conferred on the Task Force. The

3-10  chairman of the Task Force may create subcommittees comprised of

3-11  members of the Task Force and assign various topics of study to the

3-12  subcommittees.

3-13    4.  Except as otherwise provided in subsection 5, the members of the

3-14  Task Force are entitled to receive a salary and the per diem allowance and

3-15  travel expenses provided for state officers and employees generally for

3-16  each day or part thereof that the member is engaged in the business of the

3-17  Task Force.

3-18    5.  The members of the Task Force who are state employees are not

3-19  entitled to receive a salary in addition to their regular salary but are entitled

3-20  to receive the per diem allowance and travel expenses provided by law for

3-21  state employees generally if required to attend to the business of the Task

3-22  Force outside Carson City. Any such reimbursement and allowance must

3-23  be paid by the public entity that employs the member.

3-24    6.  The members of the Task Force who are state employees must be

3-25  relieved from their duties without loss of their regular compensation to

3-26  perform their duties relating to the Task Force in the most timely manner

3-27  practicable. The state employees may not be required to make up the time

3-28  they are absent from work to fulfill their obligations as members of the

3-29  Task Force or take annual leave or compensatory time for the absence.

3-30    Sec. 4. 1.  The Task Force shall conduct at least six public hearings

3-31  in a broad range of settings and locations in this state to ensure that it

3-32  receives information from all interested persons, including, without

3-33  limitation, persons with disabilities, their representatives, governmental

3-34  representatives and representatives of persons who provide institutional

3-35  and community-based services to persons with disabilities.

3-36    2.  The Task Force, after considering testimony and information

3-37  presented by the public, shall develop a state plan that ensures that persons

3-38  with disabilities receive the services that they are entitled to receive

3-39  pursuant to state and federal law. In developing such a plan, the Task Force

3-40  shall:

3-41    (a) Determine the need for services of persons with disabilities and

3-42  their families throughout this state;

3-43    (b) Determine what services are available in this state for the various

3-44  categories of disability covered by the Americans with Disabilities Act

3-45  and the extent to which these programs are able to serve those persons in

3-46  the most integrated setting;

3-47    (c) Determine the extent to which the services provided to persons

3-48  with disabilities comply with state and federal law;

4-1    (d) Evaluate the procedure used for evaluating the individual program

4-2  for each person with a disability who receives services from the state;

4-3    (e) Review and analyze the sources of funding available for services for

4-4  persons with disabilities, including, without limitation, any Medicaid or

4-5  other waivers, and funding specifically available to coordinate community

4-6  resources that provide correct and appropriate settings for those persons;

4-7    (f) Evaluate the procedure for establishing and maintaining waiting lists

4-8  for services for persons with disabilities and determine a procedure to

4-9  ensure that persons on the waiting lists are served at a reasonable pace and

4-10  receive needed community services;

4-11    (g) Determine whether persons with developmental disabilities are

4-12  being given a sufficient opportunity to make informed choices regarding

4-13  whether, and how, their needs can be best met, and, if they are not being

4-14  given sufficient opportunity, determine how informed choices can be

4-15  enhanced; and

4-16    (h) Review the existing practices for the assurance and improvement of

4-17  the quality of services that are provided by the State of Nevada, and the

4-18  current management practices of the related programs, and, if applicable,

4-19  determine any recommendations for improvement.

4-20    3.  When performing its duties pursuant to this section, the members of

4-21  the Task Force shall, in accordance with the guidelines developed for this

4-22  purpose by the federal Health Care Financing Administration, keep the

4-23  following overriding principles in mind:

4-24    (a) It is critically important to include a broad spectrum of public

4-25  participation from persons with disabilities, their representatives and

4-26  service providers to ensure constructive exchange of information, on-going

4-27  involvement and inspired discussion to produce a comprehensive and

4-28  effective plan.

4-29    (b) A primary goal of the plan is to ensure that the plan will prevent or

4-30  correct current and future unjustified placement of persons with disabilities

4-31  in settings more segregated than they require.

4-32    (c) Persons with developmental disabilities should be given the

4-33  opportunity to make informed choices regarding whether, and how, their

4-34  needs can be best met.

4-35    4.  The Task Force shall, not later than October 1, 2002, prepare and

4-36  submit a report of its findings and any recommended legislation to:

4-37    (a) The Governor;

4-38    (b) The Director of the Department of Human Resources;

4-39    (c) The Commission on Mental Health and Developmental Services;

4-40  and

4-41    (d) The Director of the Legislative Counsel Bureau for transmittal to the

4-42  72nd session of the Legislature.

4-43    5.  The report must include:

4-44    (a) An assessment of how many persons with disabilities are currently

4-45  in more segregated settings than they require;

4-46    (b) An assessment of the adequacy of the State of Nevada’s efforts to

4-47  prevent or correct current and future unjustified placement of persons with

4-48  disabilities in settings more segregated than they require, and any related

4-49  recommendations for improvement, if applicable;

5-1    (c) A conclusion as to whether the identified supports and services

5-2  currently in existence meet the needs of persons who are likely to require

5-3  assistance in order to live in the community and the changes that could be

5-4  made to improve the availability, quality and adequacy of these supports

5-5  and services; and

5-6    (d) The state plan, presented at length and in an executive summary.

5-7    6.  The Task Force may:

5-8    (a) Apply for grants, and accept any gifts, grants or donations to assist

5-9  the Task Force in carrying out its duties.

5-10    (b) Conduct investigations and hold hearings, engage in informal

5-11  roundtable discussions, and any other practice reasonably designed to assist

5-12  the Task Force in carrying out its duties.

5-13    (c) Request the Department of Human Resources to provide information

5-14  concerning the programs and services it provides to persons with

5-15  disabilities and any other information the department is authorized to

5-16  disclose that may assist the Task Force in carrying out its duties.

5-17    (d) Contract with a person who has knowledge and experience

5-18  concerning programs that provide services for persons with disabilities to

5-19  assist the Task Force in carrying out its duties.

5-20    (e) Contract with a person who has knowledge about and experience in

5-21  facilitating group discussions which include divergent points of view and

5-22  perspectives to achieve consensus and mutual satisfaction in an effective

5-23  planning process.

5-24    Sec. 5. The Director of the Legislative Counsel Bureau shall provide

5-25  such personnel, facilities, equipment and supplies as the Task Force may

5-26  require to carry out its duties.

5-27    Sec. 6. 1.  There is hereby appropriated from the state general fund

5-28  to the legislative fund created by NRS 218.085 the sum of $350,000 for the

5-29  expenses of the Task Force in carrying out its duties.

5-30    2.  Any remaining balance of the appropriation made by subsection 1

5-31  must not be committed for expenditure after June 30, 2003, and reverts to

5-32  the state general fund as soon as all payments of money committed have

5-33  been made.

5-34    Sec. 7. This act becomes effective on July 1, 2001.

 

5-35  H