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- 83rd Session (2025)
Senate Bill No. 8–Committee on
Health and Human Services
CHAPTER..........
AN ACT relating to disability services; revising the categories of
persons who receive certain services from the Aging and
Disability Services Division of the Department of Health and
Human Services ; renaming the Attorney for the Rights of
Older Persons and Persons with a Physical Disability, an
Intellectual Disability or a Relat ed Condition; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law creates the Office of Attorney for the Rights of Older Persons and
Persons with a Physical Disability, an Intellectual Disability or a Related Condition
within the Aging and Disability Services Division of the Department of Health and
Human Services. (NRS 427A.123) Existing law also requires: (1) the Governor to
appoint the Attorney for the Rights of Older Persons and Persons with a Physical
Disability, an Intellectual Disability or a Related Condition; and (2) the Attorney to
provide advocacy, training and technical assistance relating to the legal rights of
older persons and persons with a physical disability, an intellectual disability or a
related condition. (NRS 427A.1232, 427A.1234) Existing law also provides for and
regulates services for persons with intellectual disabilities and developmental
disabilities. (Chapter 435 of NRS) Sections 1, 5 and 6 of this bill substitute the
term “person with a developmental disability” for the term “person with a related
condition” in provisions relating to the Attorney. Section 2 of this bill defines the
term “person with an intellectual disability,” as used in provisions rel ating to the
Attorney, to mean a person with an intellectual disability, as the term “intellectual
disability” is currently defined in existing law governing services for persons with
intellectual disabilities and developmental disabilities. (NRS 435.007) Sections 1,
2, 5 and 6 thereby ensure that those categories of persons served by the Attorney
are the same categories of persons who receive servi ces for persons with
intellectual disabilities and developmental disabilities. Sections 3, 4, 6 and 7 of this
bill accordingly revise the title of the Attorney to “Attorney for the Rights of Older
Persons and Persons with a Physical Disability, an Intellectual Disability or a
Developmental Disability.”
Existing law authorizes the Division to establish by regulation a program to
facilitate the transition of older persons and persons with physical disabilities,
persons with intellectual disabilities and persons with related conditions from a
hospital to their places of residence. (NRS 427A.290) Section 8 of this bill: (1)
substitutes the term “developmental disability” for “related condition”; and (2)
provides t hat the term “intellectual disability” has the same definition as in
provisions governing services for persons with intellectual disabilities and
developmental disabilities. Section 8 thereby ensures that those categories of
persons eligible for assistance through the program are the same as the categories of
persons who receive services for persons with intellectual disabilities and
developmental disabilities.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 427A.1224 is hereby amended to read as
follows:
427A.1224 “Person with a [related condition” means a person
of any age who has a severe, chronic disability which:
1. Is attributable to:
(a) Cerebral palsy or epilepsy; or
(b) Any other condition, other than mental illness, found to be
closely related to an intellectual disability because the condition
results in impairment of general intellectual functioning or adaptive
behavior similar to that of a person with an intellectual disability
and requires treatment or s ervices similar to those required by a
person with an intellectual disability;
2. Is manifested before the person affected attains the age of 22
years;
3. Is likely to continue indefinitely; and
4. Results in substantial functional limitations in thr ee or more
of the following areas of major life activity:
(a) Taking care of oneself;
(b) Understanding and use of language;
(c) Learning;
(d) Mobility;
(e) Self-direction; and
(f) Capacity for independent living. ] developmental disability”
means a p erson with a developmental disability, as defined in
NRS 435.007.
Sec. 2. NRS 427A.1226 is hereby amended to read as follows:
427A.1226 “Person with an intellectual disability” means a
person [of any age with significantly subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior
and manifested during the developmental period. ] with an
intellectual disability, as defined in NRS 435.007.
Sec. 3. NRS 427A.123 is hereby amended to read as follows:
427A.123 The Office of Attorney for the Rights of Older
Persons and Persons with a Physical Disability, an Intellectual
Disability or a [Related Condition ] Developmental Disability is
hereby created within the Aging and Disability Services Division of
the Department.
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Sec. 4. NRS 427A.1232 is hereby amended to read as follows:
427A.1232 1. The Governor shall appoint the Attorney for
the Rights of Older Persons and Persons with a Physical Disability,
an Intellectual Disability or a [Related Condition ] Developmental
Disability 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 the office;
(c) Is in the unclassified service of the State; and
(d) Shall report upon request to the Administrator regarding the
performance of the duties and the functioning of the office.
2. The Governor may remove the Attorney for the Rights of
Older Persons and Persons with a Physical Disability, an Intellectual
Disability or a [Related Condition] Developmental Disability from
office for inefficiency, neglect of duty or malfeasance in office.
Sec. 5. NRS 427A.1234 is hereby amended to read as follows:
427A.1234 1. The Attorney for the Rights of Older Persons
and Persons with a Physical Disability, an Intellectual Disability or a
[Related Condition] Developmental Disability shall:
(a) Provide advocacy and education relating to the legal rights of
older persons, persons with a physical disability, persons with an
intellectual disability or persons with a [related condition ]
developmental disability and shall facilitate the development of
legal services to assist those persons in securing and maintaining
their legal rights.
(b) Provide, upon request, technical assistance, training and
other support relating to the legal rights of older persons, persons
with a physical disability, persons with an intellectual disability or
persons with a [related condition, ] developmental disability, as
appropriate, to:
(1) An attorney who is providing legal services for an older
person, a person with a physical disabi lity, a person with an
intellectual disability or a person with a [related condition; ]
developmental disability;
(2) An employee of a law enforcement agency;
(3) The Ombudsman or an advocate;
(4) An employee of an office for protective services of any
county;
(5) An employee of the Division; and
(6) Groups that advocate for older persons, persons with a
physical disability, persons with an intellectual disability or persons
with a [related condition.] developmental disability.
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(c) Review existing and proposed policies, legislation and
regulations that affect older persons, persons with a physical
disability, persons with an intellectual disability or persons with a
[related condition ] developmental disability and make
recommendations as appropriate to the Administrator.
(d) Review and analyze information relating to the nature and
extent of abuse, neglect, exploitation, isolation and abandonment of
older persons, persons with a physical disability, persons with an
intellectual disab ility or persons with a [related condition ]
developmental disability to identify services that need to be
provided, including, without limitation:
(1) Methods of intervening on behalf of an older person, a
person with a physical disability, a person with an intellectual
disability or a person with a [related condition ] developmental
disability to protect the older person, person with a physical
disability, person with an intellectual disability or person with a
[related condition ] developmental disability from abuse, neglect,
exploitation, isolation or abandonment; and
(2) Enforcing the laws of this state governing abuse, neglect,
exploitation, isolation and abandonment of older persons, persons
with a physical disability, persons with an intellectual di sability or
persons with a [related condition.] developmental disability.
2. The Attorney for the Rights of Older Persons and Persons
with a Physical Disability, an Intellectual Disability or a [Related
Condition] Developmental Disability 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, isolation or abandonment of an older person, a
person with a physical disability, a person with an intellectual
disability or a person with a [related condition. ] developmental
disability.
(b) Have access to all written records in the possession of any
person, government, governmental ag ency or political subdivision
of a government that relate to the abuse, neglect, exploitation,
isolation or abandonment of an older person, a person with a
physical disability, a person with an intellectual disability or a
person with a [related condition.] developmental disability.
(c) Represent and assist any incapacitated older person, person
with a physical disability, person with an intellectual disability or
person with a [related condition ] developmental disability until a
guardian is appointed for that person.
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(d) Use the information obtained pursuant to paragraphs (a) and
(b) to resolve complaints relating to the abuse, neglect, exploitation,
isolation or abandonment of an older person, a person with a
physical disability, a person with an intelle ctual disability or a
person with a [related condition.] developmental disability.
(e) Develop services relating to financial management for an
older person, a person with a physical disability, a person with an
intellectual disability or a person with a [related condition ]
developmental disability who is at risk of having a guardian
appointed by a court to manage his or her property.
(f) Act as the state legal assistance developer as described in 42
U.S.C. § 3058j.
(g) Appear as amicus curiae on behalf of older persons, persons
with a physical disability, persons with an intellectual disability or
persons with a [related condition] developmental disability in any
court in this state.
(h) Perform such other functions as are necessary to carry out
the duties and the functions of the office of the Attorney for the
Rights of Older Persons and Persons with a Physical Disability, an
Intellectual Disability or a [Related Condition. ] Developmental
Disability.
Sec. 6. NRS 427A.1236 is hereby amended to read as follows:
427A.1236 All records in the possession of the Attorney for
the Rights of Older Persons and Persons with a Physical Disability,
an Intellectual Disability or a [Related Condition ] Developmental
Disability relating to his or her counseling or representation of an
older person, a person with a physical disability, a person with an
intellectual disability or a person with a [related condition ]
developmental disability are confidential and must not be released
to any other person except upon order of a court of competent
jurisdiction or pursuant to NRS 239.0115.
Sec. 7. NRS 427A.175 is hereby amended to read as follows:
427A.175 1. Within 1 year after an older patient sustains
damage to his or her 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, a home for individual residential care,
an agency to provide personal care services in the home, an
intermediary service organization, a community health worker pool
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.
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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, home, agency, organization or older patient may request a
hearing before the Attorney for the Rights of Older Persons and
Persons with a Physical Disability, an Intellectual Disability or a
[Related Condition. ] Developmental Disability. If requested, the
Attorney for the Rights of Older Persons and Persons with a
Physical Disability, an Intellectual Disability or a [Related
Condition] Developmental Disability shall conduct a hearing to
determine whether the facility, home, agency, pool or organization
is liable for damages to the patient. If the Attorney for the Rights of
Older Persons and Persons with a Physical Disability, an Intellectual
Disability or a [Related Condition ] Developmental Disability
determines that the facility, home, agency, pool or organization is
liable for damages to the patient, the Attorney for the Rights of
Older Persons and Persons with a Physical Disability, an Intellectual
Disability or a [Related Condition] Developmental Disability 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 th e 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) “Community health worker pool” has the meaning ascribed
to it in NRS 449.0028;
(d) “Facility for int ermediate care” has the meaning ascribed to
it in NRS 449.0038;
(e) “Facility for skilled nursing” has the meaning ascribed to it
in NRS 449.0039;
(f) “Home for individual residential care” has the meaning
ascribed to it in NRS 449.0105;
(g) “Intermediary service organization” has the meaning
ascribed to it in NRS 449.4304;
(h) “Older patient” has the meaning ascribed to it in NRS
449.065; and
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(i) “Residential facility for groups” has the meaning ascribed to
it in NRS 449.017.
Sec. 8. NRS 427A.290 is hereby amended to read as follows:
427A.290 1. To the extent that money is available for this
purpose, the Division may establish by regulation a program to
facilitate the transition of older persons and persons with disabilities
from a hospital to their places of residence. The program must:
(a) Provide for collaboration between:
(1) Hospital staff who are responsible for discharging an
older person or a person with a disability; and
(2) The older person or person with a disability and any
caregivers or other persons assisting the older person or person with
a disability; and
(b) Facilitate the coordination of health care and social services
to support the older person or person with a disability and any
caregivers or other persons assisting the older person or person with
a disability.
2. The Division may:
(a) Limit the program established pursuant to this section to
particular groups of older persons or persons with disabilities within
the limits of available funding;
(b) Accept gifts, grants and donations for the purpose of
establishing and operating the program; and
(c) Use other options available to fund the program, including,
without limitation, billing third parties for the services provided b y
the program to persons currently covered by the third parties.
3. As used in this section:
(a) “Older person” means a person who is 60 years of age or
older.
(b) “Person with a disability” means:
(1) A person with a physical disability, as defined in
NRS 427A.1222;
(2) A person with a [related condition, ] developmental
disability, as defined in NRS [427A.1224;] 435.007; or
(3) A person with an intellectual disability, as defined in
NRS [427A.1226.] 435.007.
(c) “Third party” means:
(1) An insurer, as defined in NRS 679B.540;
(2) A health benefit plan, as defined in NRS 687B.470, for
employees which provides coverage for services and care at a
hospital;
(3) A participating public agency, as defined in NRS
287.04052, and any other local g overnmental agency of the State of
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Nevada which provides a system of health insurance for the benefit
of its officers and employees, and the dependents of officers and
employees, pursuant to chapter 287 of NRS; or
(4) Any other insurer or organization pr oviding health
coverage or benefits in accordance with state or federal law.
The term does not include an insurer that provides coverage
under a policy of casualty or property insurance.
Sec. 9. 1. Any contracts or other agreements entered into by
an officer or agency whose name has been changed or whose
responsibilities have been transferred pursuant to the provisions of
this act to another officer or agency are binding upon the officer or
agency to which the responsibil ity for the administration of the
provisions of the contract or other agreement has been transferred.
Such contracts and other agreements may be enforced by the officer
or agency to which the responsibility for the enforcement of the
provisions of the contract or other agreement has been transferred.
2. Any action taken by an officer or agency whose name has
been changed or whose responsibilities have been transferred
pursuant to the provisions of this act to another officer or agency
remains in effect as if taken by the officer or agency to which the
responsibility for the enforcement of such actions has been
transferred.
Sec. 10. The Legislative Counsel shall , in preparing
supplements to the Nevada Administrative Code, ap propriately
change any references to an officer, agency or other entity whose
name is changed or whose responsibilities are transferred pursuant
to the provisions of this act to refer to the appropriate officer,
agency or other entity.
Sec. 11. This act becomes effective upon passage and
approval.
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