Nevada Administrative Code

NAC 427A.3345 Hearings: Consolidation. (NRS 427A.070, 427A.175) 1. The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition may consolidate two or more proceedings into one hearing if it appears that th…

NAC 427A.335 Hearings: Continuances. (NRS 427A.070, 427A.175) The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition may, before or during a hearing, and on a proper showing, grant continuances for su…

NAC 427A.3355 Stipulations of parties. (NRS 427A.070, 427A.175) 1. With the approval of the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition, the parties may stipulate to any fact at issue by a writ…

NAC 427A.336 Briefs; setting matter for oral argument. (NRS 427A.070, 427A.175) 1. The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition may order briefs to be filed and specify a time limit for thei…

NAC 427A.3365 Official notice. (NRS 427A.070, 427A.175) The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition may take official notice of: 1. The rules, regulations, official reports, decisions and o…

NAC 427A.337 Records of formal hearings; copy available upon payment of fee. (NRS 427A.070, 427A.175) The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition will cause a record to be made of all forma…

NAC 427A.3375 Submission of matter for decision. (NRS 427A.070, 427A.175) Unless otherwise ordered, a proceeding stands submitted for decision by the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition…

NAC 427A.338 Decision: Issuance; distribution; additional copies. (NRS 427A.070, 427A.175) 1. The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition will issue a decision not later than 60 days after …

NAC 427A.3385 Report of Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition summarizing proceedings. (NRS 427A.070, 427A.175) 1. The Attorney for the Rights of Older Persons and Persons with a Physical…

NAC 427A.339 Case record of hearing; submission and retention of case record and recording. (NRS 427A.070, 427A.175) 1. The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition shall keep the record of …

NAC 427A.3395 Appeal of decision. (NRS 427A.070, 427A.175) Any person aggrieved by a decision issued pursuant to a hearing held pursuant to NRS 427A.175 may appeal to the Administrator of the Division whose decision on the appeal is a final decision. (Added to NAC by Aging Servic…

NAC 427A.350 Definitions. (NRS 427A.250) As used in NAC 427A.350 to 427A.488, inclusive, unless the context otherwise requires, the words and terms defined in NAC 427A.354 to 427A.3815, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Aging Servic…

NAC 427A.354 “Asset” defined. (NRS 427A.250) “Asset” means income and resources that: 1. Belong to an applicant or recipient; and 2. Have monetary value. (Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.356 “Case management” defined. (NRS 427A.250) “Case management” means a process in which a person is assisted in gaining access to services provided by COPE and to medical, educational, social and other services, without regard to the source of funding from which the acc…

NAC 427A.358 “Case manager” defined. (NRS 427A.250) “Case manager” means a person who meets the qualifications set forth in NAC 427A.428 and who carries out the duties of case management for a recipient of COPE. (Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-…

NAC 427A.364 “Commission” defined. (NRS 427A.250) “Commission” means the Nevada Commission on Aging. (Added to NAC by Aging Services Div., eff. 7-16-92)

NAC 427A.365 “COPE” defined. (NRS 427A.250) “COPE” means the Community Service Options Program for the Elderly established by the Division pursuant to NRS 427A.250 to provide community-based services to frail elderly persons. (Added to NAC by Aging Services Div. by R163-06, eff. …

NAC 427A.367 “Designated representative” defined. (NRS 427A.250) “Designated representative” means a person designated to act on behalf of a recipient pursuant to NAC 427A.384. (Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.372 “Fiscal year” defined. (NRS 427A.250) “Fiscal year” means a period beginning on July 1 and ending on June 30 of the following year. (Added to NAC by Aging Services Div., eff. 7-16-92)

NAC 427A.374 “Income” defined. (NRS 427A.250) “Income” means the receipt of money or other thing of value. (Added to NAC by Aging Services Div., eff. 7-16-92)

NAC 427A.378 “Legal representative” defined. (NRS 427A.250) “Legal representative” means: 1. A person who has been designated to act for an applicant or a recipient of COPE by a power of attorney; 2. A legal guardian of an applicant or a recipient; or 3. Any other person who is l…

NAC 427A.379 “Nursing facility” defined. (NRS 427A.250) “Nursing facility” means a facility for intermediate care as defined in NRS 449.0038, or a facility for skilled nursing as defined in NRS 449.0039. (Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97)

NAC 427A.3797 “Recipient” defined. (NRS 427A.250) “Recipient” means a person who is enrolled in COPE. (Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.380 “Respite care” defined. (NRS 427A.250) “Respite care” means care for a patient that provides a respite for the primary caregiver from the stresses and responsibilities that result from the daily care of the patient. (Added to NAC by Aging Services Div., eff. 7-16-92)

NAC 427A.381 “Social Services Manager” defined. (NRS 427A.250) “Social Services Manager” means the Social Services Manager of community-based care of the Division. (Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.3815 “Standardized assessment tool” defined. (NRS 427A.250) “Standardized assessment tool” means the form used to measure the needs of a recipient of COPE. (Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.384 Designation of representative to act on behalf of recipient. (NRS 427A.250) If a recipient has difficulty acting on his or her own behalf, the recipient may designate a representative to act on his or her behalf. If the recipient designates such a representative, the…

NAC 427A.386 Transfer of case between regions of State. (NRS 427A.250) If a recipient moves from one region in this State to another, his or her case must be transferred to the office of the Division responsible for the region to which the recipient has moved. (Added to NAC by Ag…

NAC 427A.388 Confidentiality and release of records of recipient. (NRS 427A.250) 1. The records of a recipient are confidential and may only be released to: (a) A person who is authorized by the recipient or his or her legal representative pursuant to a signed, written authorizat…

NAC 427A.390 Review and copying of case file of recipient. (NRS 427A.250) 1. The Division will make a recipient’s case file available for review upon the request of the recipient. 2. A recipient may authorize another person to review the recipient’s case file by signing a form fo…

NAC 427A.400 Enrollment in Program: Procedure; denial. (NRS 427A.250) 1. A person may apply for enrollment in COPE by completing an application and submitting it to an office of the Division. If an applicant meets the criteria for eligibility listed in NAC 427A.402 and funds are …

NAC 427A.402 Eligibility for Program; duties of Division when no provider is available. (NRS 427A.250) 1. To be eligible for COPE, a person must: (a) Be 65 years of age or older. (b) Function at a level required for a person under the care of a nursing facility and be determined …

NAC 427A.404 Evaluation of income and assets of applicant or recipient. (NRS 427A.250) The Division will evaluate the income and assets of an applicant or a recipient in determining the eligibility or continued eligibility of the applicant or recipient for enrollment in COPE. Suc…

NAC 427A.406 Income of applicant or recipient: Limitation; determination; reporting. (NRS 427A.250) 1. The allowable gross monthly income of a recipient must be determined during any month that services are provided by COPE in accordance with the institutional guidelines establis…

NAC 427A.408 Income of applicant or recipient: Exclusions. (NRS 427A.250) The following income must be excluded from the determination of the eligibility of an applicant or continued eligibility of a recipient: 1. A refund of taxes. 2. Any money from a state agency that is intend…

NAC 427A.410 Assets of applicant or recipient: Limitation. (NRS 427A.250) The assets of an applicant or recipient may not exceed the limit for assets set forth in the institutional guidelines established by the Division of Welfare and Supportive Services of the Department of Heal…

NAC 427A.422 Cooperation with Division in determining eligibility; notification of change in circumstances material to eligibility. (NRS 427A.250) 1. An applicant or a recipient or his or her designated representative shall cooperate with the Division in securing any information …

NAC 427A.424 Provision by recipient of monthly statements of bank accounts; action by Division on information received between reassessments. (NRS 427A.250) 1. A recipient may be required to provide copies of statements of his or her bank accounts each month. 2. Any information r…

NAC 427A.428 Qualifications of case manager. (NRS 427A.250) To be eligible to act as a case manager, a person must: 1. Hold a current license as a social worker or associate in social work issued pursuant to chapter 641B of NRS; 2. Hold a current license as a registered nurse iss…

NAC 427A.430 Individual assessment of recipients. (NRS 427A.250) All recipients must receive an individual assessment which is conducted by qualified personnel of the Division using the standardized assessment tool to identify the specific needs of the recipient. The assessment m…

NAC 427A.432 Plan of care for recipient: Development and revision; contents; provision of copy to recipient. (NRS 427A.250) 1. A written plan of care must be developed for each recipient after the assessment required by NAC 427A.430 is completed. The recipient, the recipient’s fa…

NAC 427A.436 Periodic reassessment of recipient and reauthorization of services. (NRS 427A.250) 1. A recipient must be reassessed by his or her case manager in a face-to-face meeting with the recipient in the setting in which the services of COPE are provided at least once every …

NAC 427A.438 Duties of case manager. (NRS 427A.250) 1. A case manager shall: (a) Collect information to verify the eligibility of a recipient. (b) Evaluate the level of care needed by the recipient. (c) Develop a plan of care for the recipient. (d) Estimate the costs of services …

NAC 427A.440 Provision and scope of services under Program. (NRS 427A.250) 1. If economically feasible, the following services will be made available to recipients: (a) Adult day care, if such service is provided: (1) In a licensed facility for the care of adults during the day, …

NAC 427A.442 Provision of respite care. (NRS 427A.250) 1. If the Social Services Manager has determined that a recipient is eligible to receive respite care at the recipient’s residence, such care will be made available only if: (a) The recipient has a primary caregiver who lives…

NAC 427A.450 Procedure when recipient, applicant or person residing with recipient or applicant has communicable disease. (NRS 427A.250) 1. If a recipient, an applicant or a person who resides with the recipient or applicant has a communicable disease, the provision of service to…

NAC 427A.452 Procedure upon placement of recipient in hospital or nursing facility. (NRS 427A.250) 1. If a recipient is placed in a hospital or a nursing facility, the Division will suspend the recipient’s services during the time he or she is in the hospital or nursing facility.…