Adoption of this amendment will ADD a 2/3s majority vote requirement for final passage of SB164 (§ 11).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering section 1 as sec. 1.5 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 422.396 is hereby amended to read as follows:
422.396 1. The Department, through a division of the Department designated by the Director, shall establish and administer a program to provide community-based services necessary to enable a person with a physical disability to remain in his home or with his family and avoid placement in a facility for long-term care. The Department shall [contract with the Department of Employment, Training and Rehabilitation to] coordinate the provision of community-based services pursuant to this section.
2. The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1396n(c) that authorizes the Department to amend the State Plan for Medicaid adopted by the Department pursuant to NRS 422.271 in order to authorize the Department to include as medical assistance under the State Plan the following services for persons with physical disabilities:
(a) Respite care;
(b) Habilitation;
(c) Residential habilitation;
(d) Environmental modifications;
(e) Supported living;
(f) Supported living habilitation;
(g) Supported personal care; and
(h) Any other community-based services approved by the Secretary of Health and Human Services.
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The Department shall cooperate with the Federal Government in
obtaining a waiver pursuant to this subsection.
3. The Department may use personnel of the Department or it may contract with any appropriate public or private agency, organization or institution to provide the community-based services necessary to enable a person with a physical disability to remain in his home or with his family and avoid placement in a facility for long-term care.
4. A contract entered into with a public or private agency, organization or institution pursuant to subsection 3 must:
(a) Include a description of the type of service to be provided;
(b) Specify the price to be paid for each service and the method of payment; and
(c) Specify the criteria to be used to evaluate the provision of the service.
5. The Department shall [, in consultation with Department of Employment, Training and Rehabilitation,] adopt regulations necessary to carry out the provisions of this section, including, without limitation, the criteria to be used in determining eligibility for the services provided pursuant to the program. Before adopting regulations pursuant to this section, the Department shall solicit comments from persons with a variety of disabilities and members of the families of those persons.”.
Amend sec. 5, page 3, by deleting lines 13 and 14 and inserting:
“(b) The programs established pursuant to chapter 426A of NRS to obtain information concerning traumatic brain injuries and provide services to persons with traumatic brain injuries;”.
Amend the bill as a whole by adding a new section designated sec. 6.5, following sec. 6, to read as follows:
“Sec. 6.5. 1. The Advisory Committee on Deaf and Hard of Hearing Persons is hereby created in the Office. The Advisory Committee consists of 11 people appointed by the Director of the Department. The Director shall appoint to the Advisory Committee:
(a) One member who is employed by the Department and who participates in the administration of the program of this state which provides services to persons with disabilities which affect their ability to communicate;
(b) One person who is a member of the Nevada Association of the Deaf;
(c) One member who is hard of hearing;
(d) One representative of educators of persons who are deaf and hard of hearing;
(e) One member who is professionally qualified in the field of deafness;
(f) One member whose speech is impaired;
(g) The Executive Director of the Nevada Telecommunications Association;
(h) Two representatives of the deaf and hard of hearing centers operated by this state, who are ex officio members; and
(i) Two representatives of the program to purchase, maintain, repair and distribute devices for telecommunication developed and administered pursuant to section 11 of this act, who are ex officio members.
2. After the initial term, the term of each member is 3 years. A member may be reappointed.
3. If a vacancy occurs during the term of a member, the Director of the Department shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.
4. The Advisory Committee shall:
(a) At its first meeting and annually thereafter, elect a chairman from among its voting members; and
(b) Meet at the call of the Director of the Department, the Chairman or a majority of its members as is necessary to carry out its responsibilities.
5. A majority of the voting members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of the voting members of a quorum present at any meeting is sufficient for any official action taken by the Advisory Committee.
6. 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 officers and employees generally.
7. A member of the Advisory Committee who is an officer or employee of this state or a political subdivision of this state must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or political subdivision of this state shall not require an officer or employee who is a member of the Advisory Committee to make up the time he is absent from work to carry out his duties as a member of the Advisory Committee or use annual vacation or compensatory time for the absence.
8. The Advisory Committee may:
(a) Make recommendations to the Director of the Department and the Office concerning the establishment and operation of programs for persons with disabilities which affect their ability to communicate;
(b) Recommend to the Director of the Department and the Office any proposed legislation concerning persons with disabilities which affect their ability to communicate; and
(c) Collect information concerning persons with disabilities which affect their ability to communicate.
9. As used in this section:
(a) “Person who is deaf” means a person who is not able to process information aurally and whose primary means of communication is visual.
(b) “Person who is hard of hearing” means a person:
(1) Who has a hearing deficit;
(2) Who is able to process information aurally with or without the use of a hearing aid or any other device that enhances the ability of a person to hear; and
(3) Whose primary means of communication may be visual.
(c) “Person whose speech is impaired” means a person who has difficulty using his voice to communicate.”.
Amend the bill as a whole by deleting sec. 10 and adding:
“Sec. 10. (Deleted by amendment.)”.
Amend sec. 11, page 6, line 21, after “exchange” by inserting:
“or a customer of a company that provides wireless phone service”.
Amend sec. 11, page 6, line 27, by deleting “telephone” and inserting:
“telephone, including, without limitation, a wireless phone,”.
Amend sec. 11, page 6, by deleting lines 33 and 34 and inserting:
“providing such lines in this state and on each personal wireless access line of each customer of any company that provides wireless phone services in this state which is sufficient to cover the costs of the program and to fund the deaf and hard of hearing centers operated by this state. The Commission shall establish by”.
Amend sec. 11, page 6, by deleting line 39 and inserting:
“3. The Account for Services”.
Amend sec. 11, page 7, line 5, after “companies” by inserting:
“and companies that provide wireless phone services”.
Amend sec. 11, page 7, by deleting lines 8 and 9 and inserting:
“(d) For the general administration of the program developed and administered pursuant to subsection 1;
(e) To train persons in the use of the devices; and
(f) To fund the deaf and hard of hearing centers operated by this state.”.
Amend sec. 11, page 7, line 12, after “system,” by inserting:
“including, without limitation, the wireless phone system,”.
Amend the bill as a whole by adding new sections designated sections 19.3 and 19.7, following sec. 19, to read as follows:
“Sec. 19.3. NRS 426.729 is hereby amended to read as follows:
426.729 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 NRS 426.728.
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 NRS 426.728, 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 minimum 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 NRS 426.728 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 NRS 426.721 to 426.731, inclusive, that must include information regarding:
(a) The fiscal and other effects of services provided to carry out NRS 426.728;
(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. 19.7. NRS 426.731 is hereby amended to read as follows:
426.731 1. The Advisory Committee on Personal Assistance for Persons with Severe Functional Disabilities is hereby created in the Department [.] of Human Resources.
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 [,] of the Department of Human Resources, the Chairman or a majority of its members quarterly or as is necessary, within the budget of the Advisory Committee, to provide the Director of the Department of Human Resources with appropriate assistance to carry out the provisions of NRS 426.728.”.
Amend the bill as a whole by adding a new section designated sec. 20.5, following sec. 20, to read as follows:
“Sec. 20.5. NRS 426A.010 is hereby amended to read as follows:
426A.010 As used in this chapter:
1. “Department” means the Department of [Employment, Training and Rehabilitation.] Human Resources.
2. “Office” means the Office of Disability Services created by section 5 of this act.
3. “Traumatic brain injury” means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:
(a) A cerebral vascular accident;
(b) An aneurism; or
(c) A congenital defect.”.
Amend sec. 21, page 11, by deleting lines 1 through 5 and inserting:
“2. The [Administrator] Director of the Department shall appoint to the Committee:
(a) One member who is an employee of the [Rehabilitation Division of the Department.] Office.
(b) One member who is an employee of the Division of Health Care Financing and Policy of the Department [of Human Resources]”.
Amend sec. 21, page 11, by deleting lines 35 and 36 and inserting:
“(a) Make recommendations to the [Administrator] Director of the Department and the Office”.
Amend sec. 21, page 11, by deleting lines 39 and 40 and inserting:
“(b) Make recommendations to the [Administrator] Director of the Department and the Office”.
Amend sec. 21, page 12, by deleting lines 6 through 16 and inserting:
“(b) [Administrator;] Office;
(c) Legislative Committee on Health Care; and
(d) Legislative Commission.
8. As used in this section:
(a) [“Administrator” means the Administrator of the Rehabilitation Division of the Department.
(b)] “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.
[(c)] (b) “Provider of health care” has the meaning ascribed to it in”.
Amend the bill as a whole by adding new sections designated sections 21.3 and 21.7, following sec. 21, to read as follows:
“Sec. 21.3. NRS 426A.070 is hereby amended to read as follows:
426A.070 1. The [Rehabilitation Division of the Department] Office shall establish a Program for Persons with Traumatic Brain Injuries.
2. The Program may, subject to legislative appropriation, provide:
(a) The following services to persons with traumatic brain injuries:
(1) Treatment during the day on an outpatient basis;
(2) Care provided in a facility operated and maintained to furnish food, shelter, assistance and limited supervision;
(3) Care provided in the home;
(4) Instruction in the skills required for independent living;
(5) Placement for jobs; and
(6) Counseling and treatment for the abuse of drugs or alcohol.
(b) Support services for families of persons with traumatic brain injuries.
(c) For the dissemination of information for the prevention of traumatic brain injuries.
3. The [Rehabilitation Division] Office shall evaluate the Program and submit a report containing the evaluation and any recommended legislation to each regular session of the Legislature.
Sec. 21.7. NRS 426A.080 is hereby amended to read as follows:
426A.080 The [Rehabilitation Division of the] Department shall adopt regulations concerning the care of persons with traumatic brain injuries. The [Division] Department shall, in adopting the regulations, consider the criteria established by the Commission on Accreditation of Rehabilitation Facilities for the care of such persons.”.
Amend sec. 22, page 12, by deleting lines 31 and 32 and inserting:
“(b) Shall administer, through the divisions of the Department [,]and the Office of Disability Services, the provisions of chapters 210, 423, 424, 425, 426A, 427A, 432A to 422,”.
Amend sec. 22, page 12, by deleting lines 36 through 41, and inserting:
“445A.055, inclusive, and sections 2 to 11, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the Department [,] and the Office of Disability Services, but is not responsible for the clinical activities of the Health Division or the professional line activities of the other divisions [.] or the Office of Disability Services.”.
Amend the bill as a whole by adding new sections designated sections 22.3 and 22.7, following sec. 22, to read as follows:
“Sec. 22.3. NRS 232.920 is hereby amended to read as follows:
232.920 The Director:
1. Shall:
(a) Organize the Department into divisions and other operating units as needed to achieve the purposes of the Department;
(b) Upon request, provide the Director of the Department of Administration with a list of organizations and agencies in this state whose primary purpose is the training and employment of handicapped persons; and
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
2. Is responsible for the administration, through the divisions of the Department, of the provisions of NRS 426.005 to 426.720, inclusive, 426.740, 426.790 and 426.800, and chapters [426, 426A,] 612 and 615 of NRS, and all other provisions of law relating to the functions of the Department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as otherwise provided by specific statute.
3. May employ, within the limits of legislative appropriations, such staff as is necessary for the performance of the duties of the Department.
Sec. 22.7. NRS 232.945 is hereby amended to read as follows:
232.945 The Director shall appoint an Administrator of the Rehabilitation Division of the Department. The Administrator:
1. Is in the unclassified service of the State unless federal law or regulation requires otherwise, and serves at the pleasure of the Director.
2. Shall administer the provisions of law set forth in subsection 4, subject to the administrative supervision of the Director.
3. Except as otherwise provided in NRS 284.143, shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
4. Is responsible for the administration, through the bureaus of the Rehabilitation Division, of the provisions of NRS 232.940 and 232.950 and this section, NRS 426.520 to 426.610, inclusive, and [chapters 426A and] chapter 615 of NRS and all other provisions of law relating to the functions of the Rehabilitation Division and its bureaus, but is not responsible for the professional line activities of the bureaus except as otherwise provided by specific statute.
5. Is responsible for the preparation of a consolidated state plan for the Bureau of Services to the Blind and Visually Impaired, the Bureau of Vocational Rehabilitation and any other program administered by the Rehabilitation Division that he considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This subsection does not apply if any federal regulation exists that prohibits a consolidated plan.
6. In developing and revising state plans pursuant to subsection 5, shall consider, without limitation:
(a) The amount of money available from the Federal Government for the programs of the Rehabilitation Division;
(b) The conditions attached to the acceptance of that money; and
(c) The limitations of legislative appropriations for the programs.
7. May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the Rehabilitation Division.”.
Amend sec. 27, page 17, by deleting line 8, and inserting:
“Sec. 27. NRS 426.105, 615.173, 615.176 and”.
Amend the bill as a whole by deleting sec. 28 and adding:
“Sec. 28. (Deleted by amendment.)”.
Amend sec. 29, page 17, line 21, by deleting “10” and inserting “21.7”.
Amend the bill as a whole by adding a new section designated sec. 30.5, following sec. 30, to read as follows:
“Sec. 30.5. As soon as practicable after July 1, 2003, the Director of the Department of Human Resources shall appoint to the Advisory Committee on Deaf and Hard of Hearing Persons created by section 6.5 of this act:
1. Six members whose terms expire on June 30, 2005; and
2. Five members whose terms expire on June 30, 2006.”.
Amend the text of repealed sections by deleting the text of NRS 426A.070 and 426A.080.
Amend the title of the bill by deleting the eleventh and twelfth lines and inserting:
“disabilities; making various changes concerning the program to provide devices for telecommunication to persons with impaired speech or hearing; and providing other”.