The Legislature
finds and declares that the older people of our state are entitled to
receive, and it is the joint and several duty and responsibility of the
state and local governments to provide, within the limits of available
resources, assistance to secure equal opportunity to the full and free
enjoyment of the following objectives:
1. An adequate income in retirement.
2. The best possible physical and mental health which science can
make available and without regard to economic status.
3. Suitable housing, independently selected, designed and located
with reference to special needs and available at costs which older
citizens can afford.
4. Full restorative services for those who require institutional
care.
5. Opportunity for employment with no discriminatory personnel
practices because of age.
6. Retirement in health, honor and dignity.
7. Pursuit of meaningful activity within the widest range of
civic, cultural and recreational opportunities.
8. Efficient community services which provide social assistance in
a coordinated manner and which are readily available when needed.
9. Immediate benefit from proven research knowledge which can
sustain and improve health and happiness.
10. Freedom, independence and the free exercise of individual
initiative in planning and managing their own lives.
11. The benefit of balanced nutrition.
12. Adequate day care center services.
(Added to NRS by 1971, 375; A 1973, 1396; 1981, 1904)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 427A.021
to 427A.0295 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656;
1985, 931, 1760; 1987, 975; 1991, 1976)
“Administrator” means the
Chief of the Aging Services Division of the Department.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656;
1985, 931, 1760)
“Advocate” means an advocate for
residents of facilities for long-term care.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656;
1985, 931, 1760)
“Commission” means the Nevada
Commission on Aging.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656;
1985, 931, 1760)
“Day care center” means a
facility for the care of adults during the day as defined in NRS 449.004
.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656;
1985, 931, 1760)
“Department” means the
Department of Health and Human Services.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656;
1985, 931, 1760)
“Director” means the Director of
the Department.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656;
1985, 931, 1760)
“Division” means the Aging
Services Division of the Department.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656;
1985, 931, 1760)
“Facility for
long-term care” means:
1. A residential facility for groups as defined in NRS 449.017
;
2. A facility for intermediate care as defined in NRS 449.0038
;
3. A facility for skilled nursing as defined in NRS 449.0039
; and
4. Any unlicensed establishment that provides food, shelter,
assistance and limited supervision to a resident.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656;
1985, 931, 1760; 1991, 1976)
“Frail elderly
person” means a natural person 65 years of age or older who:
1. Has a physical or mental limitation that restricts his ability
to live independently and carry out activities of normal daily living; and
2. Has been or is at risk of being placed in a facility for
long-term care.
(Added to NRS by 1987, 973)
“Resident” means a person who
is 60 years of age or older.
(Added to NRS by 1991, 1975)
The provisions of this chapter
shall be liberally construed to effect its stated purposes.
(Added to NRS by 1971, 376)
NEVADA COMMISSION ON AGING
1. The Nevada Commission on Aging, consisting of 11 voting members
and four or more nonvoting members, is hereby created within the Aging
Services Division of the Department.
2. The Governor shall appoint as voting members of the Commission:
(a) Two persons who are members of the governing body of a county.
(b) Two persons who are members of the governing body of a city.
(c) Seven persons who have experience with or an interest in and
knowledge of the problems of and services for the aging.
Ê At least six persons appointed as voting members must be 55 years of
age or older.
3. The following persons shall serve as nonvoting members of the
Commission:
(a) The Director of the Department, who shall serve as Chairman of
the Commission.
(b) The Administrator of the Aging Services Division.
(c) One member of the Senate and one member of the Assembly
appointed by the Legislative Commission with appropriate regard for their
experience with and knowledge of matters relating to older persons.
(d) Such other representatives of state government as may be
designated by the Governor.
4. The members designated in paragraphs (a) and (b) of subsection
3 may designate alternates within their respective offices to attend any
meeting of the Commission in their place.
5. After the initial terms, the Governor shall appoint each voting
member of the Commission to a term of 2 years. No member may serve after
the expiration of his term unless he is appointed to serve another term.
No person may be appointed to serve a full term as a voting member more
than twice. No person who serves as a voting member for more than 1 year
of a term to which another person was appointed may be appointed to serve
a full term more than once.
6. The position of a member of the Commission is vacated upon his
loss of any of the qualifications required for his appointment and in
that event the vacancy must be filled for the unexpired term in the
manner provided for the original appointment.
7. The Governor may remove a member he appointed to the Commission
for malfeasance in office or neglect of duty. Absence from two
consecutive meetings of the Commission constitutes good and sufficient
cause for removal of a member by the Governor.
(Added to NRS by 1983, 543; A 1989, 206)
1. The Commission may meet at least once each calendar quarter and
at other times on the call of the Chairman or a majority of its members.
2. A majority of the voting members of the Commission constitutes
a quorum for the transaction of all business.
3. The Commission shall adopt regulations for its own government.
4. The Chairman may appoint subcommittees and advisory committees
composed of the members of the Commission, former members of the
Commission and members of the general public who have experience with or
knowledge of matters relating to older persons to consider specific
problems or other matters that are related to and within the scope of the
functions of the Commission. A subcommittee or advisory committee
appointed pursuant to this subsection must not contain more than five
members. To the extent practicable, the members of such a subcommittee or
advisory committee must be representative of the various geographic areas
and ethnic groups of this state.
(Added to NRS by 1983, 544; A 1999, 1641 )
1. Each voting member of the Commission is entitled to receive a
salary of not more than $80 per day, as fixed by the Commission, while
engaged in the business of the Commission.
2. While engaged in the business of the Commission, each member of
the Commission appointed pursuant to subsection 2 or paragraph (a), (b)
or (d) of subsection 3 of NRS 427A.032 , each former member of the Commission and
each member of the general public appointed to serve on a subcommittee or
advisory committee of the Commission pursuant to subsection 4 of NRS
427A.034 , and each employee of the
Commission is entitled to receive the per diem allowance and travel
expenses provided for state officers and employees generally.
3. The Commission may expend in accordance with law all money made
available for its use.
4. Except during a regular or special session of the Legislature,
each legislative member of the Commission is entitled to receive the
compensation provided for a majority of the members of the Legislature
during the first 60 days of the preceding regular session for each day or
portion of a day during which he attends a meeting of the Commission or
is otherwise engaged in the business of the Commission, plus the per diem
allowance and travel expenses provided for state officers and employees
generally. The salaries and expenses of the legislative members of the
Commission must be paid from the Legislative Fund.
(Added to NRS by 1983, 544; A 1985, 422; 1989, 207, 1714; 1999,
1641 )
1. The Commission shall:
(a) Determine and evaluate the needs of the older people of this
state.
(b) Seek ways to avoid unnecessary duplication of services for
older persons by public and private organizations in Nevada.
(c) Establish priorities for the work of the Division according to
the most pressing needs of older persons as determined by the Commission.
(d) Promote programs that provide community-based services
necessary to enable a frail elderly person, to the fullest extent
possible, to remain in his home and be an integral part of his family and
community.
2. The Commission may:
(a) Establish priorities for programs funded under the Older
Americans Act of 1965 (42 U.S.C. §§ 3001 et seq.).
(b) Review and approve the State Plan for Providing Services to
Meet the Needs of Older Persons.
(c) Gather and disseminate information in the field of aging.
(d) Conduct hearings, conferences and special studies on the
problems of older persons and on programs which serve them.
(e) Evaluate existing programs for older persons and recommend
needed changes in those programs and propose new programs which would
more effectively and economically serve the needs of older persons.
(f) Evaluate any proposed legislation which would affect older
persons.
(g) Recommend to the Legislature any appropriate legislation.
(h) Coordinate and assist the efforts of public and private
organizations which serve the needs of older persons, especially in the
areas of education, employment, health, housing, welfare and recreation.
(Added to NRS by 1983, 544; A 1987, 975; 1989, 207)
AGING SERVICES DIVISION
1. The Division shall, consistent with the priorities established
by the Commission pursuant to NRS 427A.038 :
(a) Serve as a clearinghouse for information related to problems of
the aged and aging.
(b) Assist the Director in all matters pertaining to problems of
the aged and aging.
(c) Develop plans, conduct and arrange for research and
demonstration programs in the field of aging.
(d) Provide technical assistance and consultation to political
subdivisions with respect to programs for the aged and aging.
(e) Prepare, publish and disseminate educational materials dealing
with the welfare of older persons.
(f) Gather statistics in the field of aging which other federal and
state agencies are not collecting.
(g) Stimulate more effective use of existing resources and
available services for the aged and aging.
(h) Develop and coordinate efforts to carry out a comprehensive
State Plan for Providing Services to Meet the Needs of Older Persons. In
developing and revising the State Plan, the Division shall consider,
among other things, the amount of money available from the Federal
Government for services to aging persons and the conditions attached to
the acceptance of such money, and the limitations of legislative
appropriations for services to aging persons.
(i) Coordinate all state and federal funding of service programs to
the aging in the state.
(j) Confer with the Department as the sole state agency in the
state responsible for administering the provisions of this chapter.
2. The Division may contract with any appropriate public or
private agency, organization or institution, in order to carry out the
provisions of this chapter.
(Added to NRS by 1971, 376; A 1973, 1396; 1981, 1904; 1983, 545)
The Department, through the Division, shall act as the single
state agency of the State of Nevada and its political subdivisions in the
administration of any federal funds granted to the State pursuant to the
Older Americans Act of 1965 (42 U.S.C. §§ 3001-3053) as amended from time
to time.
(Added to NRS by 1971, 376)
The
Administrator shall be appointed on the basis of his education, training,
experience and demonstrated abilities and of his interest in the problems
of the aged and aging.
(Added to NRS by 1971, 376)
1. The Administrator shall:
(a) Subject to the approval of the Director, adopt rules and
regulations:
(1) Necessary to carry out the purposes of this chapter; and
(2) Establishing a program to subsidize the transportation
by taxicab of the elderly and the permanently handicapped from money
received pursuant to subsection 5 of NRS 706.8825 ;
(b) Establish appropriate administrative units within the Division;
(c) Appoint such personnel and prescribe their duties as he deems
necessary for the proper and efficient performance of the functions of
the Division;
(d) Prepare and submit to the Governor, through the Director before
September 1 of each even-numbered year for the biennium ending June 30 of
such year, reports of activities and expenditures and estimates of sums
required to carry out the purposes of this chapter;
(e) Make certification for disbursement of funds available for
carrying out the purposes of this chapter; and
(f) Take such other action as may be necessary or appropriate for
cooperation with public and private agencies and otherwise to carry out
the purposes of this chapter.
2. The Administrator may delegate to any officer or employee of
the Division such of his powers and duties as he finds necessary to carry
out the purposes of this chapter.
(Added to NRS by 1971, 376; A 1995, 853)
The Department through the Division may make agreements, arrangements or
plans to:
1. Cooperate with the Federal Government in carrying out the
purposes of this chapter or of any federal statutes pertaining to the
problems of the aged and aging and to this end may adopt such methods of
administration as are found by the Federal Government to be necessary for
the proper and efficient operation of those agreements, arrangements or
plans; and
2. Comply with such conditions as may be necessary to secure
benefits under those federal statutes.
(Added to NRS by 1971, 376; A 1981, 1905)
1. The Division may comply with such requirements as may be
necessary to obtain federal money.
2. The Administrator may disburse state money, to the extent the
Division has money budgeted for the purpose, to enable nonprofit,
sponsoring organizations and political subdivisions of this state to
obtain matching federal grants.
(Added to NRS by 1971, 377; A 1973, 695; 1981, 1905)
1. The State Treasurer is designated as custodian of all moneys
received from the Federal Government for carrying out the purposes of
this chapter or any agreements, arrangements or plans authorized thereby.
2. The State Treasurer shall make disbursements from such funds
and from all state funds available for the purposes of this chapter upon
certification by the designated official of the Division.
(Added to NRS by 1971, 377)
1. Except as otherwise provided in NRS 427A.270 , all gifts of money which the Division is
authorized to accept must be deposited in the State Treasury for credit
to the Aging Services Division’s Gift Account in the Department of Health
and Human Services’ Gift Fund. The money may be invested and reinvested
and must be used in accordance with the conditions of the gift.
2. All claims must be approved by the Administrator before they
are paid.
(Added to NRS by 1971, 377; A 1979, 621; 1981, 78; 1987, 975)
1. No officer or employee engaged in the administration of this
chapter shall use his official authority to influence or interfere with
an election or affect the results thereof or for any partisan political
purpose. No such officer or employee shall solicit or receive, nor shall
any officer or employee be obliged to contribute or render, any service,
assistance, subscription, assessment or contribution for any political
purpose.
2. Any officer or employee violating the provisions of this
section shall be discharged.
(Added to NRS by 1971, 377)
SPECIALIST FOR RIGHTS OF ELDERLY PERSONS
As used in NRS 427A.122
to 427A.1236 , inclusive, unless the context otherwise
requires, “elderly person” means a person who is 60 years of age or older.
(Added to NRS by 1999, 126 )
The Office of Specialist for the
Rights of Elderly Persons is hereby created within the Aging Services
Division of the Department.
(Added to NRS by 1989, 1485)
1. The Governor shall appoint the Specialist for the Rights of
Elderly Persons for a term of 4 years. The person appointed:
(a) Must be an attorney licensed to practice law in this state;
(b) Must be qualified by training and experience to perform the
duties and functions of his office;
(c) Is in the unclassified service of the State; and
(d) Shall report upon request to the Administrator regarding the
performance of his duties and the functioning of his office.
2. The Governor may remove the Specialist for the Rights of
Elderly Persons from office for inefficiency, neglect of duty or
malfeasance in office.
(Added to NRS by 1989, 1485)
1. The Specialist for the Rights of Elderly Persons shall:
(a) Provide advocacy and education relating to the legal rights of
elderly persons and shall facilitate the development of legal services to
assist elderly persons in securing and maintaining their legal rights.
(b) Provide, upon request, technical assistance, training and other
support relating to the legal rights of elderly persons to:
(1) An attorney who is providing legal services for an
elderly person;
(2) An employee of a law enforcement agency;
(3) An advocate for residents of facilities for long-term
care;
(4) An employee of an office for protective services of any
county; and
(5) An employee of the Division.
(c) Review existing and proposed policies, legislation and
regulations that affect elderly persons, and make recommendations as
appropriate to the Administrator.
(d) Review and analyze information relating to the nature and
extent of abuse, neglect, exploitation and isolation of elderly persons
to identify services that need to be provided, including, without
limitation:
(1) Methods of intervening on behalf of an elderly person to
protect the elderly person from abuse, neglect, exploitation or
isolation; and
(2) Enforcing the laws of this state governing abuse,
neglect, exploitation and isolation of elderly persons.
2. The Specialist for the Rights of Elderly Persons may:
(a) Have access to, inspect, copy and subpoena all records in the
possession of any clerk of a court, law enforcement agency or public or
private institution, wherever situated, that relate to the abuse,
neglect, exploitation or isolation of an elderly person.
(b) Have access to all written records in the possession of any
person, government, governmental agency or political subdivision of a
government that relate to the abuse, neglect, exploitation or isolation
of an elderly person.
(c) Represent and assist any incompetent person until a guardian is
appointed for that person.
(d) Use the information obtained pursuant to paragraphs (a) and (b)
to resolve complaints relating to the abuse, neglect, exploitation or
isolation of an elderly person.
(e) Develop services relating to financial management for an
elderly person who is at risk of having a guardian or conservator
appointed by a court to manage his property.
(f) Appear as amicus curiae on behalf of elderly persons in any
court in this state.
(g) Perform such other functions as are necessary to carry out his
duties and the functions of his office.
(Added to NRS by 1989, 1485; A 1999, 126 )
All records in the
possession of the Specialist for the Rights of Elderly Persons relating
to his counseling or representation of an elderly person are confidential
and must not be released to any other person except upon order of a court
of competent jurisdiction.
(Added to NRS by 1989, 1485)
ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE
The
Administrator may appoint advocates for residents of facilities for
long-term care, who are within the Aging Services Division and are in the
classified service of the State. Such an advocate shall, under direction
of the Administrator:
1. Receive, investigate and attempt to resolve complaints made by
or on behalf of residents of facilities for long-term care.
2. Investigate acts, practices, policies or procedures of any
facility for long-term care or any governmental agency which relates to
such care and may adversely affect the health, safety, welfare or civil
rights of residents of such facilities, and report the results of the
investigations to the Administrator.
3. Record and analyze information and complaints about facilities
for long-term care to identify problems affecting their residents.
4. Coordinate services within the Department which may affect
residents and prospective residents of facilities for long-term care to
ensure that such services are made available to eligible persons.
5. Recommend and review policies, legislation and regulations,
both in effect and proposed, which affect facilities for long-term care.
6. Upon request, advise and assist the Governor, the Legislature
and public and private groups in formulating and putting into effect
policies which affect facilities for long-term care and their residents.
7. Provide information to interested persons and to the general
public concerning his functions and activities.
8. Report annually to the Administrator.
9. Upon request by the Administrator, temporarily perform the
duties of the Ombudsman for Aging Persons specified in NRS 427A.310
.
(Added to NRS by 1983, 1026; A 1993, 115)
The Administrator may appoint representatives of the advocate
who are within the Division and in the classified service of the State. A
representative has all the powers and duties of an advocate.
(Added to NRS by 1989, 1485)
1. The advocate or his representative may:
(a) Upon a complaint by or on behalf of a resident, investigate any
act or policy which he has reason to believe may adversely affect the
health, safety, welfare or civil rights of any resident of a facility for
long-term care; and
(b) Make periodic visits to any facility for long-term care to
provide information to the residents of the facility and to review
generally any act, practice, policy, procedure or condition which may
adversely affect the health, safety, welfare or civil or other rights of
any resident of the facility.
2. The advocate or his representative may enter any facility for
long-term care and any area within the facility at reasonable times with
or without prior notice and must be permitted access to residents of the
facility at all times. Upon his arrival at the facility he shall notify
the person in charge and shall present appropriate identification.
3. A person shall not willfully interfere with the advocate or his
representative in the performance of any investigation or visitation
pursuant to this section. If any person is found, after notice and a
hearing, to have willfully violated any provision of this subsection, the
Director, at the request of the Administrator, may refer the matter to
the Health Division for the imposition of an administrative fine of not
more than $1,000 for each violation.
4. Any money collected as a result of an administrative fine
imposed pursuant to this section must be deposited in the State General
Fund.
5. Each resident has the right to request, deny or terminate
visits with the advocate or his representative.
6. The advocate or his representative is not liable civilly for
the good faith performance of any investigation.
(Added to NRS by 1983, 1026; A 1989, 1485; 1991, 1976)
The Administrator may direct an advocate to
investigate a complaint involving a person who is less than 60 years of
age.
(Added to NRS by 1991, 1976)
1. An officer, director or employee of a facility for long-term
care shall not retaliate against any person for having filed a complaint
with, or provided information to, the advocate or any representative of
the advocate.
2. If any person is found, after notice and a hearing, to have
violated any provision of subsection 1, the Director, at the request of
the Administrator, may refer the matter to the Health Division for the
imposition of an administrative fine of not more than $1,000 for each
violation.
3. Any money collected as a result of an administrative fine
imposed pursuant to this section must be deposited in the State General
Fund.
(Added to NRS by 1989, 1485)
In conducting an
investigation, the advocate or his representative may:
1. Inspect any facility for long-term care and any records
maintained by the facility. Except as otherwise provided in this
subsection, the medical and personal financial records may be inspected
only with the informed consent of the resident, his legal guardian or the
person or persons designated as responsible for decisions regarding the
resident. If the resident is unable to consent to the inspection and has
no legal guardian, the inspection may be conducted without consent.
2. Interview:
(a) Officers, directors and employees of any facility for long-term
care, including any licensed provider of health care as defined in NRS
629.031 , who renders services to the
facility or its residents.
(b) Any resident of the facility and his legal guardian, if any,
and his family or the person or persons designated as responsible for
decisions regarding his care if the resident consents to the interview.
3. Obtain such assistance and information from any agency of the
State or its political subdivisions as is necessary properly to perform
the investigation.
(Added to NRS by 1983, 1027; A 1989, 1486)
1. In appropriate cases and under the Administrator’s direction,
the advocate or his representative shall refer the results of his
investigation to the governmental agencies with authority to enforce
applicable laws and regulations through administrative, civil or criminal
proceedings.
2. The advocate or his representative shall notify the complainant
of the ultimate disposition of the matter raised in his complaint.
(Added to NRS by 1983, 1027; A 1989, 1486)
The Division may adopt regulations
regarding the requirement, contents, posting and distribution of a notice
which describes the purpose of such an advocate and sets forth the
procedure for making a complaint to the advocate.
(Added to NRS by 1983, 1027)
COMPLAINTS AGAINST CERTAIN FACILITIES AND AGENCIES THAT PROVIDE CARE FOR
OLDER PATIENTS
1. Within 1 year after an older patient sustains damage to his
property as a result of any act or failure to act by a facility for
intermediate care, a facility for skilled nursing, a residential facility
for groups, an agency to provide personal care services in the home or an
agency to provide nursing in the home in protecting the property, the
older patient may file a verified complaint with the Division setting
forth the details of the damage.
2. Upon receiving a verified complaint pursuant to subsection 1,
the Administrator shall investigate the complaint and attempt to settle
the matter through arbitration, mediation or negotiation.
3. If a settlement is not reached pursuant to subsection 2, the
facility, agency or older patient may request a hearing before the
Specialist for the Rights of Elderly Persons. If requested, the
Specialist for the Rights of Elderly Persons shall conduct a hearing to
determine whether the facility or agency is liable for damages to the
patient. If the Specialist for the Rights of Elderly Persons determines
that the facility or agency is liable for damages to the patient, he
shall order the amount of the surety bond pursuant to NRS 449.065 or the substitute for the surety bond
necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division. The Division
shall pay any such amount to the older patient or the estate of the older
patient.
4. The Division shall create a separate account for money to be
collected and distributed pursuant to this section.
5. As used in this section:
(a) “Agency to provide nursing in the home” has the meaning
ascribed to it in NRS 449.0015 ;
(b) “Agency to provide personal care services in the home” has the
meaning ascribed to it in NRS 449.0021 ;
(c) “Facility for intermediate care” has the meaning ascribed to it
in NRS 449.0038 ;
(d) “Facility for skilled nursing” has the meaning ascribed to it
in NRS 449.0039 ;
(e) “Older patient” has the meaning ascribed to it in NRS 449.063
; and
(f) “Residential facility for groups” has the meaning ascribed to
it in NRS 449.017 .
(Added to NRS by 1997, 1484; A 2005, 2174 )
PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS
1. The Division shall establish and administer a program to
provide the community-based services necessary to enable a frail elderly
person to remain in his own home or with his family and avoid placement
in a facility for long-term care. The program may be carried out solely
by the Division or in cooperation with another state agency, the Federal
Government or any local government.
2. Any such program established by the Division pursuant to this
section may have as its goals to:
(a) Foster independence and self-reliance and maintain the dignity
of frail elderly persons and allow them, to the fullest extent possible,
to be an integral part of their families and communities;
(b) Establish in communities throughout the state community-based
services which will enable frail elderly persons to remain in their homes;
(c) Ensure that any frail elderly person who has been, or is at
risk of being, placed inappropriately in a facility for long-term care is
able to receive the services which will enable him to stay in his home;
and
(d) Promote participation by any appropriate public or private
agency, organization or institution in the development of services that
offer options to frail elderly persons and foster independent living.
3. The Division shall adopt regulations necessary to establish and
administer the program established pursuant to this section.
(Added to NRS by 1987, 974)
1. The Division may use personnel of the Division or it may
contract with any appropriate public or private agency, organization or
institution to provide the community-based services necessary to enable a
frail elderly person to remain in his home.
2. Any such contract 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.
(Added to NRS by 1987, 974)
1. The Division may apply for, accept and expend any federal or
private grant of money or other type of assistance that becomes available
to carry out the provisions of NRS 427A.250 to 427A.280 , inclusive. Any money received pursuant to
this section must be deposited with the State Treasurer and accounted for
separately in the State General Fund.
2. The Division shall, with the approval of the Commission and
Director, establish a schedule of fees to be charged and collected for
any service provided pursuant to NRS 427A.250 to 427A.280 , inclusive.
(Added to NRS by 1987, 974)
The Division may initiate
projects to test and demonstrate various ways of providing the
community-based services necessary to enable a frail elderly person to
remain in his home.
(Added to NRS by 1987, 974)
OMBUDSMAN FOR AGING PERSONS
1. The Office of Ombudsman for Aging Persons is hereby created
within the Aging Services Division of the Department.
2. The Administrator shall appoint the Ombudsman for Aging
Persons. The person so appointed:
(a) Must be qualified by training and experience to perform the
duties and functions of his office; and
(b) Is in the classified service of the State.
(Added to NRS by 1991, 2311)
1. Except as otherwise provided in subsection 2, the Ombudsman for
Aging Persons shall provide assistance to persons who are 60 years of age
or older and do not reside in facilities for long-term care. The
assistance must include at least the:
(a) Coordination of resources and services available to aging
persons within their respective communities, including the services
provided through the program established pursuant to NRS 427A.250 ;
(b) Dissemination of information to aging persons on issues of
national and local interest, including information regarding the services
of the Ombudsman and the existence of groups of aging persons with
similar interests and concerns;
(c) Publication of a guide for use in each county of this state
regarding the resources and services available for aging persons in the
respective county; and
(d) Advocation of issues relating to aging persons.
2. Upon request by the Administrator, the Ombudsman for Aging
Persons shall temporarily perform the duties of advocates for residents
of facilities for long-term care specified in NRS 427A.125 to 427A.165 , inclusive.
(Added to NRS by 1991, 2311; A 1993, 115)
NEVADA SILVER HAIRED LEGISLATIVE FORUM
The Nevada Silver Haired Legislative Forum
is hereby created to identify and act upon issues of importance to aging
persons.
(Added to NRS by 1997, 2724; A 2001, 3026 )
1. The Legislative Commission shall appoint to the Nevada Silver
Haired Legislative Forum a number of members equal to the number of State
Senators. The persons appointed to the forum must be the persons
nominated pursuant to this section. Each member of the Senate shall,
after consulting with the members of the Assembly who reside within his
senatorial district, nominate a person who meets the requirements for
appointment to the Forum set forth in NRS 427A.340 .
2. Appointments to the Nevada Silver Haired Legislative Forum must
be made by the Legislative Commission before December 1 of an
odd-numbered year. The term of a member begins on December 1 of the
odd-numbered year of appointment.
3. The members of the Nevada Silver Haired Legislative Forum from
Clark County Senatorial Districts 2, 3, 4, 7 and 8, Washoe County
Senatorial Districts 1 and 3, the Capital Senatorial District and the
Western Nevada Senatorial District serve an initial term of 1 year. The
members of the Nevada Silver Haired Legislative Forum from the remaining
senatorial districts serve an initial term of 2 years. After the initial
terms, each member serves a term of 2 years.
(Added to NRS by 1997, 2724; A 2001, 3026 )
A member of the Nevada
Silver Haired Legislative Forum must:
1. Have been a resident of this state for 5 years immediately
preceding his appointment;
2. Have been a registered voter in the senatorial district of the
Senator who nominated him for 3 years immediately preceding his
appointment; and
3. Be at least 60 years of age on the day that he is appointed.
(Added to NRS by 1997, 2724; A 2001, 3027 )
Members of the National Silver Haired Congress from this state
shall serve as ex officio members of the Nevada Silver Haired Legislative
Forum. If a member of the National Silver Haired Congress ceases to be a
member of the National Silver Haired Congress, the ex officio membership
of that person in the Nevada Silver Haired Legislative Forum terminates.
An ex officio member of the Nevada Silver Haired Legislative Forum has
the same rights and responsibilities as the members who are appointed.
(Added to NRS by 1997, 2724)
1. A position in the Nevada Silver Haired Legislative Forum
becomes vacant upon:
(a) The death or resignation of a member.
(b) The illness of a member that prevents him from attending three
consecutive meetings of the Nevada Silver Haired Legislative Forum,
unless excused by the President.
(c) The absence of a member for any reason from three consecutive
meetings of the Nevada Silver Haired Legislative Forum, unless excused by
the President.
2. If a vacancy occurs, the Legislative Commission shall appoint a
person to serve the remainder of the unexpired term. The Legislative
Commission may appoint a person whose membership in the National Silver
Haired Congress has ended to fill a vacancy in the Nevada Silver Haired
Legislative Forum.
3. As used in this section, “President” means the person elected
to serve as President of the Nevada Silver Haired Legislative Forum
pursuant to NRS 427A.370 .
(Added to NRS by 1997, 2725; A 2001, 3027 ; 2005, 460 )
1. The Nevada Silver Haired Legislative Forum shall elect from
among its members, to serve a term of 1 year beginning on July 1 of each
year:
(a) A President, who shall conduct meetings and oversee the
formation of committees as necessary to accomplish the purposes of the
Nevada Silver Haired Legislative Forum.
(b) A Vice President, who shall assist the President and conduct
meetings of the Nevada Silver Haired Legislative Forum if the President
is absent or otherwise unable to perform his duties.
(c) A Secretary, who shall:
(1) Prepare and keep a record of meetings, including,
without limitation, the date, time, place and purpose of every meeting;
and
(2) At the first meeting of the Nevada Silver Haired
Legislative Forum on or after July 1 of each year, prepare a list of the
dates of the meetings that are scheduled for the year.
(d) A Treasurer, who shall, with the assistance of the Director of
the Legislative Counsel Bureau, administer any account established
pursuant to NRS 427A.395 .
2. The Director of the Legislative Counsel Bureau shall provide
such persons as are necessary to assist the Nevada Silver Haired
Legislative Forum in carrying out its duties.
(Added to NRS by 1997, 2725; A 2001, 3027 ; 2005, 460 )
1. The Nevada Silver Haired Legislative Forum may, within the
limits of legislative appropriations and any gifts, grants or donations
received by the Forum:
(a) During the period in which the Legislature is not in a regular
session, hold three or more public hearings in this State.
(b) During the period in which the Legislature is in a regular
session, meet as often as necessary to conduct the business of the Forum.
(c) Form committees, which may meet as often as necessary to
conduct the business of the Forum.
2. The Nevada Silver Haired Legislative Forum and its committees
shall comply with the provisions of chapter 241 of NRS.
(Added to NRS by 1997, 2725; A 2001, 3028 ; 2003, 647 ; 2005, 461 )
The Nevada Silver Haired Legislative Forum
may:
1. Submit a report containing recommendations for legislative
action to the Legislative Commission and the Governor before September 1
of each even-numbered year.
2. Accept gifts, grants and donations that must be deposited in an
account established pursuant to NRS 427A.395 .
3. Adopt procedures to conduct meetings of the Nevada Silver
Haired Legislative Forum and committees thereof. Those procedures may be
changed upon approval of a majority vote of all members of the Nevada
Silver Haired Legislative Forum who are present and voting.
(Added to NRS by 1997, 2725; A 2001, 3028 ; 2005, 461 )
1. All money received by the Nevada Silver Haired Legislative
Forum must be deposited in a bank, credit union or other financial
institution in this state and paid out on its order for its expenses.
2. All expenses incurred by the Nevada Silver Haired Legislative
Forum in carrying out the provisions of NRS 427A.320 to 427A.400 , inclusive, must be paid from an account
established pursuant to subsection 1.
(Added to NRS by 2001, 3026 )
Within the limits of
legislative appropriations, and any gifts, grants and donations, each
member of the Nevada Silver Haired Legislative Forum is entitled to
receive for attendance at a meeting of the Nevada Silver Haired
Legislative Forum or a committee thereof the per diem allowance and
travel expenses provided for state officers and employees generally.
(Added to NRS by 1997, 2726; A 2001, 3028 )
PROPERTY TAX ASSISTANCE FOR SENIOR CITIZENS
1. The Legislature finds that:
(a) Many senior citizens of this state live on limited incomes that
remain fixed while property taxes and other costs continually rise.
(b) The erosion of the income of senior citizens in terms of true
value threatens to destroy the ability of many to retain ownership of the
homes in which they had planned to spend their later years.
(c) Senior citizens are often forced to divert an excessive portion
of their incomes into the property taxes on their homes, thus leaving an
insufficient amount of money for other things essential to their
well-being.
(d) Many senior citizens who rent their homes or lots for mobile
homes also pay an excessive portion of their income for property taxes
through rental payments.
2. The Legislature therefore declares that:
(a) It is the public policy of this state to provide assistance to
its senior citizens who are carrying an excessive burden of taxes or rent
on residential property in relation to income.
(b) The purpose of the provisions of NRS 427A.450 to 427A.600 , inclusive, is to provide relief to eligible
senior citizens, through a system of refunds for property taxes or rent
from the Senior Citizens’ Property Tax Assistance Account.
(Added to NRS by 2001, 2655 )
As used in NRS 427A.450 to 427A.600 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 427A.460 to 427A.505 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2001, 2655 )
“Claim” means an application for
property tax assistance filed pursuant to NRS 427A.530 .
(Added to NRS by 2001, 2655 )
“Claimant” means a person who
files a claim.
(Added to NRS by 2001, 2655 )
1. “Home” means residential living quarters located in this State.
The quarters may consist of a single dwelling unit, or a unit which is an
integral part of a larger complex such as a multidwelling or a
multipurpose building, together with the land upon which the unit is
built and any surrounding land, not to exceed 2 acres, and any
outbuildings and facilities reasonably necessary for use of the unit as
residential living quarters.
2. The term includes:
(a) A mobile or manufactured home.
(b) A home, mobile or manufactured home or dwelling that the
claimant and spouse of the claimant possess under a contract of sale,
deed of trust, life estate, joint tenancy or tenancy in common.
(c) A residential facility for groups required to be licensed by
the Health Division of the Department pursuant to NRS 449.001 to 449.240 ,
inclusive.
(d) A dwelling within any housing project which has been
established pursuant to chapter 315 of NRS
and for which the housing authority makes payments in lieu of taxes.
3. The term does not include any part of the building or land
which is not used as living quarters by the claimant and spouse and which
produces income for the claimant or spouse, if the residential living
quarters are part of a multipurpose building.
(Added to NRS by 2001, 2656 ; A 2005, 22nd Special Session, 38 )
“Household” means a claimant
and spouse.
(Added to NRS by 2001, 2656 )
“Household income” means
the income received by a claimant and the spouse of the claimant.
(Added to NRS by 2001, 2656 )
“Income” means adjusted gross
income, as defined in the Internal Revenue Code, and includes:
1. Tax-free interest;
2. The untaxed portion of a pension, individual retirement account
or annuity;
3. Railroad retirement benefits;
4. Veterans’ pensions and compensation;
5. Payments received pursuant to the federal Social Security Act,
including supplemental security income, but excluding hospital and
medical insurance benefits for the aged and disabled;
6. Public welfare payments, including allowances for shelter;
7. Unemployment insurance benefits;
8. Payments for lost time;
9. Payments received from disability insurance;
10. Disability payments received pursuant to workers’ compensation
insurance;
11. Alimony;
12. Support payments;
13. Allowances received by dependents of servicemen;
14. The amount of recognized capital gains and losses excluded
from adjusted gross income;
15. Life insurance proceeds in excess of $5,000;
16. Bequests and inheritances; and
17. Gifts of cash of more than $300 not between household members
and such other kinds of cash received by a household as the Division
specifies by regulation.
(Added to NRS by 2001, 2656 ; A 2005, 22nd Special Session, 39 )
“Lot” means a portion of land that is
rented to accommodate a mobile or manufactured home owned or rented by
the claimant.
(Added to NRS by 2001, 2656 )
“Property taxes
accrued” means property taxes, excluding special assessments, delinquent
taxes and interest, levied on a claimant’s home in this state which are
due during August, immediately preceding the date of filing of a claim.
If a home is owned by two or more persons or entities as joint tenants or
tenants in common and one or more persons or entities are not members of
the claimant’s household, property taxes accrued is that part of the
property taxes levied on the home which reflects the percentage of the
residential space occupied by the claimant and his household.
(Added to NRS by 2001, 2657 )
“Rent” means the payment a claimant
has made under a bona fide tenancy or leasing agreement solely for the
right to occupy a home or lot during the calendar year immediately
preceding the filing of his claim. The term does not include any amount
paid for utilities, fuel, furnishings, food, nursing services or
institutional care.
(Added to NRS by 2001, 2657 )
“Senior citizen” means any
person who is domiciled in this state and will attain the age of 62 years
on or before the last day in June immediately succeeding the filing
period.
(Added to NRS by 2001, 2657 )
For the purposes of NRS 427A.465 , if two members of a household meet the
qualifications for a claimant, the members may determine between
themselves who will be the claimant. If they are unable to agree, the
matter must be referred to the Administrator and his decision is final.
Only one claim may be filed for any household.
(Added to NRS by 2001, 2657 )
1. A senior citizen whose home is placed upon the secured or
unsecured tax roll, who has owned the home and maintained it as his
primary residence since July 1 immediately preceding the filing of his
claim and whose household income is not more than $24,016, as adjusted
pursuant to subsection 3, is entitled to a refund of the property tax
accrued against his home, except as otherwise provided in subsection 2,
as follows:
(a) If the amount of the applicant’s household income is at or
below the federally designated level signifying poverty for a family unit
of one or two, the applicant is entitled to a refund of 100 percent of
the property taxes accrued.
(b) If the amount of the applicant’s household income is above the
federally designated level signifying poverty for a family unit of one or
two, the applicant is entitled to a refund of a percentage of the
property taxes accrued based on a graduated schedule adopted by the
Division.
2. The amount of the refund must not exceed the amount of the
accrued property tax or $500, whichever is less.
3. The maximum allowable income to qualify for a refund set forth
in subsection 1 must be adjusted for each fiscal year by adding to
$24,016 the product of $24,016 multiplied by the percentage increase in
the Consumer Price Index from December 2002 to the November preceding the
fiscal year for which the adjustment is calculated.
(Added to NRS by 2001, 2657 ; A 2003, 2018 )
1. A senior citizen who has rented and maintained his primary
residence in a home or on a lot since July 1 of the preceding calendar
year and whose household income is not more than $24,016, as adjusted
pursuant to subsection 3 of NRS 427A.515 , is entitled to a refund as determined in
accordance with the provisions of subsection 1 of NRS 427A.515 .
2. The amount of the refund provided pursuant to subsection 1 must
not exceed an amount equal to that portion of the rent which is rent
deemed to constitute accrued property tax, even if the rental property is
exempt from property tax.
(Added to NRS by 2001, 2658 ; A 2003, 2019 )
A senior citizen is entitled to a refund calculated pro rata
pursuant to NRS 427A.515 and 427A.520
, respectively, for the portion of the
year that he owned and rented his primary residence if he has maintained
his primary residence in Nevada since July 1 of the preceding calendar
year and:
1. For any portion of that year, owned his home and would have
otherwise been entitled to a refund pursuant to NRS 427A.515 if he has owned the home for the entire
year; and
2. For all the remaining portion of that year, rented a home or
lot for his primary residence and would have otherwise been entitled to a
refund pursuant to NRS 427A.520 if he
has rented the home for the entire year.
(Added to NRS by 2001, 1540 ; A 2003, 190 , 191 )
Rent
deemed to constitute accrued property tax is 8.5 percent of the total
annual rent which a claimant has paid.
(Added to NRS by 2001, 2658 )
1. A claim may be filed with the assessor of the county in which
the claimant’s home or mobile home lot is located not earlier than
February 1 and not later than April 30.
2. The claim must be made under oath and filed in such form and
content, and accompanied by such proof, as the Division may prescribe.
3. The Division or county assessor shall provide the appropriate
form to each claimant.
4. The county assessor shall, within 30 days after receiving a
claim for a refund:
(a) Process the application;
(b) Determine the assessed valuation of the property to which the
claim applies, if applicable; and
(c) Submit the claim to the Division.
5. The Division shall not accept a claim submitted pursuant to
subsection 4 after July 1, unless an extension of time to file a claim is
provided for by regulation pursuant to NRS 427A.590 .
(Added to NRS by 2001, 2658 ; A 2003, 2019 )
1. The Division shall examine each claim, granting or denying it,
and if granted, shall determine the refund to which the claimant is
entitled.
2. Upon examination, if:
(a) The claim is denied, the Division shall so notify the claimant
by first-class mail.
(b) The claim is granted, the Division shall pay the refund to the
claimant not later than August 15, unless the Administrator cannot
provide for full refunds of all just claims pursuant to subsection 2 of
NRS 427A.595 . If the Administrator
cannot provide for full refunds of all just claims, claims that are
required to be reduced pursuant to that subsection must be paid not later
than 30 business days after a meeting of the Interim Finance Committee at
which those claims are considered.
(Added to NRS by 2001, 2658 ; A 2003, 2020 )
No claim may be accepted by
the Division if the:
1. Claimant or spouse of the claimant owns real property, other
than that claimed as a home, which has an assessed value of more than
$30,000;
2. Home of the claimant and spouse of the claimant has an assessed
value of more than $200,000; or
3. Liquid assets of the claimant and spouse of the claimant are
more than $150,000.
(Added to NRS by 2001, 2658 ; A 2003, 2020 ; 2005, 2670 ; 2005, 22nd Special Session, 39 )
1. A person may receive assistance pursuant to the provisions of
NRS 427A.450 to 427A.600 , inclusive, while receiving a property tax
exemption as a surviving spouse, blind person or veteran if the person
has filed a claim for the exemption with the county assessor.
2. The assessed valuation of any property used to determine a
refund pursuant to the provisions of NRS 427A.450 to 427A.600 , inclusive, must be reduced by the amount of
such an exemption.
(Added to NRS by 2001, 2658 ; A 2003, 190 )
If the Division determines that an audit of claims is required
to determine whether a county assessor accurately processed claims and if
employees of the Division are not capable of auditing a sufficient number
of the claims, the Division may expend not more than $20,000 of the money
in the Senior Citizens’ Property Tax Assistance Account to contract with
qualified persons to assist in conducting the audit.
(Added to NRS by 2001, 2658 )
Only one member of each
household may file a claim in any tax year. If more than one member is
eligible to claim a refund, any one of the eligible members may file the
claim with the written consent of the others. If such consent is not
obtainable, the claim may be filed only if criteria regulating such a
circumstance have been prescribed by the Division.
(Added to NRS by 2001, 2659 )
The right to file a claim pursuant to the provisions of NRS 427A.450
to 427A.600 , inclusive, is personal to the claimant and
does not survive his death, except the right may be exercised on his
behalf by his legal guardian or attorney-in-fact. If a claimant dies
after having filed a timely claim, any assistance provided pursuant to
the provisions of NRS 427A.450 to
427A.600 , inclusive, inures to the
benefit of his heirs or his executor or administrator, if one is
appointed by a court of competent jurisdiction within 6 months after the
claim is made. If no executor or administrator is so appointed, the claim
and all benefits thereunder lapse.
(Added to NRS by 2001, 2659 )
Any grant of assistance under an improper claim may be
revoked by the county assessor or Division within 2 years after the
filing of the claim. If a grant is revoked, the claimant shall make
restitution to the State of Nevada or the county for any assistance he
has received pursuant to the improper claim, and the State of Nevada or
the county shall take all proper action to collect the amount of the
assistance as a debt.
(Added to NRS by 2001, 2659 )
A claim must be
disallowed if the Division finds that the claimant received title to his
home primarily to obtain benefits pursuant to the provisions of NRS
427A.450 to 427A.600 , inclusive. If such a claimant has received
a refund and does not repay it together with a 10 percent penalty to the
Division, the amount of the refund and penalty must be assessed against
the property claimed as his home.
(Added to NRS by 2001, 2659 ; A 2003, 2020 )
The Division
shall deny any claim for assistance to which the claimant is not entitled
or any amount in excess of that to which the claimant is entitled. The
Division may deny in total any claim which is filed with fraudulent
intent. If any such claim has been paid and is afterward denied, the
amount of the claim together with a 10 percent penalty must be repaid by
the claimant to the Division. If the amount of the refund and penalty is
not repaid, the amount must be assessed against any real or personal
property owned by the claimant.
(Added to NRS by 2001, 2659 ; A 2003, 2020 )
Any person who willfully makes a materially false statement or
uses any other fraudulent device to secure for himself or any other
person the assistance provided pursuant to the provisions of NRS 427A.450
to 427A.600 , inclusive, is guilty of a gross misdemeanor.
(Added to NRS by 2001, 2659 )
1. Any claimant aggrieved by a decision of the Division or a
county assessor which denies the refund claimed pursuant to the
provisions of NRS 427A.450 to
427A.600 , inclusive, may have a
review of the denial before the Administrator, or his designee, if,
within 30 days after the claimant receives notice of the denial, he
submits a written petition for review to the Administrator, or his
designee.
2. Any claimant aggrieved by the denial in whole or in part of
relief claimed pursuant to the provisions of NRS 427A.450 to 427A.600 , inclusive, or by any other final action or
review of the Administrator, or his designee, is entitled to judicial
review thereof.
(Added to NRS by 2001, 2659 ; A 2003, 2020 )
1. The Division is responsible for the administration of the
provisions of NRS 427A.450 to
427A.600 , inclusive.
2. The Division may:
(a) Specify by regulation any other kind of income for the purposes
of NRS 427A.485 .
(b) Prescribe the content and form of claims and approve any form
used by a county assessor.
(c) Designate the proof required for substantiation of claims.
(d) Establish criteria for determining the circumstances under
which a claim may be filed by one of two eligible spouses without the
consent of the other spouse.
(e) Prescribe that a claimant’s ownership of his home must be shown
of record.
(f) Provide by regulation that a vendee in possession of his home
under an installment sale contract and responsible for paying the
property taxes on the home is eligible to claim assistance as a homeowner.
(g) Limit the computation of benefits to the nearest dollar and
limit issuance of warrants to $5 or more.
(h) Verify and audit any claims, statements or other records made
pursuant to the provisions of NRS 427A.450 to 427A.600 , inclusive.
(i) Adopt regulations to ensure the confidentiality of information
provided by claimants.
(j) Provide by regulation for a limited extension of time to file a
claim in cases of hardship.
(k) Adopt such other regulations as may be required to carry out
the provisions of NRS 427A.450 to
427A.600 , inclusive.
(Added to NRS by 2001, 2659 )
1. Money to pay for assistance granted to senior citizens pursuant
to the provisions of NRS 427A.450 to
427A.600 , inclusive, must be provided
by legislative appropriation from the State General Fund. The money so
appropriated must be transferred to the Senior Citizens’ Property Tax
Assistance Account in the State General Fund.
2. The Administrator may, from time to time, obtain from the State
Controller a statement of the balance in the Senior Citizens’ Property
Tax Assistance Account. The Administrator shall provide for full refunds
of all just claims if the total amount of the claims does not exceed the
balance in the Account. If the total amount of the claims exceeds that
balance, the Administrator shall proportionately reduce each claim paid
pursuant to paragraph (b) of subsection 1 of NRS 427A.515 .
3. Money for the administration of the provisions of NRS 427A.450
to 427A.600 , inclusive, must be provided by legislative
appropriation to the Senior Citizens’ Property Tax Assistance Account.
From this Account, the sum of $4 must be allowed for each claim which is
received by the county assessor and submitted to the Division.
4. All claims against the Senior Citizens’ Property Tax Assistance
Account must be certified by the Administrator or a person designated by
the Administrator and, if certified and approved by the State Board of
Examiners, the State Controller shall draw his warrant against the
Account.
5. Any money remaining in the Senior Citizens’ Property Tax
Assistance Account at the end of the fiscal year must remain in the
Account and is available for use in the following fiscal year.
(Added to NRS by 2001, 2660 ; A 2003, 2021 )
Except as otherwise provided by specific statute, no person
may publish, disclose or use any personal or confidential information
contained in a claim except for purposes connected with the
administration of the provisions of NRS 427A.450 to 427A.600 , inclusive.
(Added to NRS by 2001, 2660 )
|
