SB8 - Revises provisions relating to services provided by the Aging and Disability Services Division of the Department of Health and Human Services. (BDR 38-288)

- 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 Related 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 relating 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 services 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 that 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. – 2 – - 83rd Session (2025) 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 services 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 three 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 person 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. – 3 – - 83rd Session (2025) 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 disability, 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. – 4 – - 83rd Session (2025) (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 disability 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 disability 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 agency 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. – 5 – - 83rd Session (2025) (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 intellectual 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. – 6 – - 83rd Session (2025) 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 the meaning ascribed to it in N [Text truncated for display. 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