Nevada Administrative Code

NAC 427A.660 Photographic identification of person using stamp. (NRS 427A.755) 1. A person, government, governmental agency or political subdivision of a government may require a person who uses a signature stamp pursuant to NRS 427A.755 to present photographic identification as …

NAC 427A.665 Liability for damages caused by use of stamp by person other than owner. (NRS 427A.755) 1. Except as otherwise provided in subsections 2 and 3, the owner of a signature stamp is liable for any damages caused by the use of the signature stamp by a person other than th…

NAC 427A.675 Definitions. (NRS 427A.793) As used in NAC 427A.675 to 427A.789, inclusive, unless the context otherwise requires, the words and terms defined in NAC 427A.680 to 427A.720, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Dep’t of Heal…

NAC 427A.680 “Administrator” defined. (NRS 427A.793) “Administrator” means the Administrator of the Division. (Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)—(Substituted in revision for NAC 426.680)

NAC 427A.685 “Contractor” defined. (NRS 427A.793) “Contractor” means any person or governmental or private agency or organization with which the Division enters into a contract pursuant to NAC 427A.743. (Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006; …

NAC 427A.687 “Division” defined. (NRS 427A.793) “Division” means the Aging and Disability Services Division of the Department of Health and Human Services. (Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)—(Substituted in revision for NAC 426.695)

NAC 427A.690 “Essential personal care” defined. (NRS 427A.793) “Essential personal care” means the tasks described in NAC 427A.735. (Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)—(Substituted in revision for NAC 426.690)

NAC 427A.695 “Financial assistance” defined. (NRS 427A.793) “Financial assistance” means assistance provided by a program manager to persons with physical disabilities for such essential personal care as is necessary to enable them to live in a noninstitutional or unsupervised re…

NAC 427A.700 “Person with a physical disability” defined. (NRS 427A.793) “Person with a physical disability” has the meaning ascribed to it in NRS 427A.791. (Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006)—(Substituted in revision for NAC 426.700)

NAC 427A.705 “Personal care attendant” defined. (NRS 427A.793) “Personal care attendant” means a person who has the knowledge and skill to provide essential personal care pursuant to NAC 427A.675 to 427A.789, inclusive. (Added to NAC by Dep’t of Health & Human Services by R005-06…

NAC 427A.707 “Program manager” defined. (NRS 427A.793) “Program manager” means: 1. The Division; or 2. A person, agency or organization outside of the Division with which the Division has entered into a contract pursuant to NAC 427A.743. (Added to NAC by Aging & Disability Servic…

NAC 427A.710 “Recipient” defined. (NRS 427A.793) “Recipient” means a person who receives financial assistance for essential personal care pursuant to NAC 427A.675 to 427A.789, inclusive. (Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006; A by Aging & Dis…

NAC 427A.720 “Support services for independent living” defined. (NRS 427A.793) “Support services for independent living” includes, without limitation: 1. Assisting a recipient in developing a comprehensive plan to support his or her ability to live independently; 2. Offering assi…

NAC 427A.725 Eligibility for financial assistance; provision of care by Division. (NRS 427A.793) 1. To be eligible for financial assistance pursuant to NAC 427A.675 to 427A.789, inclusive, a person must: (a) Be a resident of the State; (b) Be diagnosed as a person with a physical…

NAC 427A.730 Eligibility for provision of financial assistance; priority given under certain circumstances. (NRS 427A.793) 1. Financial assistance may be provided to an eligible person who: (a) Has a traumatic brain injury; or (b) Requires assistance with at least two of the foll…

NAC 427A.735 Scope of essential personal care. (NRS 427A.793) Essential personal care is limited to assisting a person who is eligible to receive financial assistance pursuant to NAC 427A.675 to 427A.789, inclusive: 1. In the elimination of wastes from the body; 2. In dressing an…

NAC 427A.740 Duties of program manager. (NRS 427A.793) The program manager shall: 1. Reevaluate a recipient’s eligibility every 12 months and when his or her need for essential personal care changes. 2. Coordinate the provision of essential personal care to eligible persons. 3. P…

NAC 427A.743 Contract for provision of essential personal care and other services. (NRS 427A.793) The Division may enter into a contract with a contractor to provide essential personal care and other services pursuant to NAC 427A.675 to 427A.789, inclusive. (Added to NAC by Aging…

NAC 427A.745 Monitoring and evaluation of contractors; submission by contractors of reports and proposed procedural changes. (NRS 427A.793) 1. If the Division has entered into a contract pursuant to NAC 427A.743, the Division will monitor the management and the financial records …

NAC 427A.750 Notification of program manager of changes in income or need for essential personal care of recipient. (NRS 427A.793) A recipient shall notify the program manager of any change in the recipient’s: 1. Income, the income of the recipient’s spouse or, if the recipient i…

NAC 427A.755 Application for financial assistance; statement of need for care; notification and date of eligibility; notification of position on waiting list. (NRS 427A.793) 1. An applicant for financial assistance must submit to the program manager a completed application and a …

NAC 427A.765 Determination of financial eligibility; determination of portion of cost to be paid by recipient; payment of costs by contractor. (NRS 427A.793) 1. An applicant is not eligible to receive financial assistance pursuant to subsection 1 of NAC 427A.725, if his or her gr…

NAC 427A.770 Grounds for termination of care. (NRS 427A.793) Care provided by a personal care attendant to a recipient may be terminated if the recipient: 1. Fails to pay his or her share of the cost of such care; 2. Fails to provide documents needed for reevaluation; 3. Willfull…

NAC 427A.775 Right of review. (NRS 427A.793) 1. An applicant for financial assistance is entitled to an administrative review if his or her application is denied. 2. A recipient is entitled to an administrative review if: (a) The recipient’s financial assistance is terminated; (b…

NAC 427A.776 Request for review. (NRS 427A.793) 1. An applicant for financial assistance or a recipient or his or her designated representative may request an administrative review by: (a) Signing, dating and returning to the office of the Division responsible for the region in w…

NAC 427A.777 Preliminary conference for resolution of matter. (NRS 427A.793) 1. Within 10 days after the Division receives a request for an administrative review, the program manager of the region in which the applicant for financial assistance or recipient resides shall contact …

NAC 427A.778 Appointment and initial duties of review team; provision of notice; postponement; withdrawal of request; failure to appear. (NRS 427A.793) 1. If, after the conference is held, the applicant for financial assistance or recipient wishes to continue with the administrat…

NAC 427A.779 Continuation of services during review. (NRS 427A.793) 1. A recipient is entitled to receive financial assistance while an administrative review of a termination of that financial assistance is pending, if funding is available, unless the recipient or his or her desi…

NAC 427A.780 Right to representation. (NRS 427A.793) An applicant for financial assistance or a recipient is entitled to represent himself or herself or to be represented by another person, including a legal representative, at the administrative review. The Division will inform t…

NAC 427A.781 Attendance by certain member of staff; procedure when member of staff unable to attend. (NRS 427A.793) 1. A review team shall request the member of the staff of the Division who made the decision that is the subject of the contested action of the Division to attend t…

NAC 427A.782 Disclosure of documents, records and additional relevant information. (NRS 427A.793) 1. An applicant for financial assistance or a recipient or his or her designated representative is entitled to receive: (a) Before the administrative review, a photocopy of all docum…

NAC 427A.783 Conducting of review. (NRS 427A.793) 1. A review team shall: (a) Conduct the administrative review in an informal manner; and (b) Ensure that all relevant issues are considered during the administrative review. 2. The review team may cause the removal from the admini…

NAC 427A.784 Recording of review. (NRS 427A.793) 1. A review team shall record the administrative review with an audiotape recorder. 2. The review team’s audiotape recorder is the only recording device that may be allowed at the administrative review. (Added to NAC by Aging & Dis…

NAC 427A.785 Case record of review; submission and retention of case record and recording. (NRS 427A.793) 1. A review team shall keep a case record of each administrative review that it conducts which contains: (a) All correspondence that the review team has received regarding th…

NAC 427A.786 Procedure upon review. (NRS 427A.793) 1. At the beginning of the administrative review, the review team shall: (a) Introduce each member of the review team; (b) Announce the date and time; (c) State the name of the person requesting the administrative review; (d) Sta…

NAC 427A.787 Decision of review team. (NRS 427A.793) 1. The decision of a review team must: (a) Be based on the evidence and information presented at the administrative review and any additional information submitted pursuant to subsection 6 of NAC 427A.786; (b) Comply with the r…

NAC 427A.788 Notification of decision and right to appeal; request for appeal. (NRS 427A.793) 1. The review team shall mail the written decision to the applicant for financial assistance or recipient or his or her designated representative within 15 days after the close of the ad…

NAC 427A.789 Report of review team summarizing proceedings. (NRS 427A.793) 1. The review team shall summarize the proceedings in a written report using the following format: A. INTRODUCTION—The date, time and place of the administrative review and the name of each person present …

NAC 428.010 Severability. (NRS 428.205) If any of the provisions of this chapter or any application to any person, thing or circumstance is held invalid, it is intended that the invalidity not affect the remaining provisions, or their application, that can be given effect without…

NAC 428.020 Definitions. (NRS 428.205) As used in this chapter, unless the context otherwise requires, the words and terms defined or used in NRS 428.115 to 428.255, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Bd. of Trustees of Fund for Hosp…

NAC 428.030 Eligibility for reimbursement. (NRS 428.205) A hospital is eligible to receive reimbursement for hospital care from the Fund only if all of the following requirements are met: 1. The patient’s injuries are examined and recorded in a hospital within 15 days after the d…

NAC 428.040 Investigation of persons for contractual liability. (NRS 428.205) Third persons whose contractual liability for a patient’s hospital care must be investigated include: 1. Any person responsible for the patient’s support, including relatives or a guardian; 2. The Armed…

NAC 428.050 Patient’s income. (NRS 428.205) A patient’s income includes: 1. Cash on hand from the first of the calendar month; 2. Wages or anticipated earnings for the patient’s household; 3. Income from a trust, pension, government program, or any other source not dependent on e…

NAC 428.060 Patient’s assets. (NRS 428.205) A patient’s assets include: 1. Real value of nonresidential property less encumbrances; 2. Cash, stocks, bonds, trust funds and bank accounts; 3. Life insurance policies with cash value, except burial policies; 4. Nonessential vehicles,…

NAC 428.070 Application for reimbursement. (NRS 428.205) 1. A hospital’s application for reimbursement must include the following documents: (a) A completed copy of the application by the hospital to the appropriate county for certification of indigency; (b) A copy of the certifi…

NAC 428.080 Preliminary review of applications; physicians’ charges and ambulance costs. (NRS 428.205) 1. Upon receipt of an application from a hospital for reimbursement, the Executive Director of the Nevada Association of Counties or his or her designee, on behalf of the Board,…

NAC 428.090 Review of applications by Board; reimbursement of hospitals. (NRS 428.205) The Board will review all applications referred to it by the Executive Director. If an application is approved, the hospital will be reimbursed as follows: 1. For urban hospitals, 85 percent of…