reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 426 - Persons With Disabilities › NRS 426.729 - Duties of Director of Department of Health and Human Services.

The Director of the Department of Health and Human Services, in consultation with the Nevada Commission on Services for Persons with Disabilities shall:
1. Determine the amount of state funding necessary each biennium to carry out NRS 426.728.
2. Ensure that the amount of funding determined to be necessary pursuant to subsection 1 is included in the budgetary request of the appropriate department or agency for the biennium, and that the budgetary request includes funding for any increase in the number of cases handled by the state personal assistance programs.
3. Establish a program to govern the services provided to carry out NRS 426.728, within the limitations of any conditions upon the receipt of state or federal funding, including:
(a) Minimum standards for the provision of minimum essential personal assistance, including, to the extent authorized by state and federal law, the provision of services in accordance with NRS 629.091;
(b) Minimum qualifications and training requirements for providers of minimum essential personal assistance;
(c) Standards for the financial operation of providers of minimum essential personal assistance;
(d) The development of an individual service plan for the provision of minimum essential personal assistance to each recipient;
(e) Procedures to appeal the denial or modification of an individual service plan for the provision of minimum essential personal assistance and to resolve any disputes regarding the contents of such a plan;
(f) Continuous monitoring of the adequacy and effectiveness of the provision of minimum essential personal assistance to each recipient;
(g) Mandatory requirements and procedures for reporting the abuse, neglect or exploitation of a recipient;
(h) The receipt of meaningful input from recipients, including surveys of recipients, regarding the extent to which recipients are receiving the services described in their individual service plans and their satisfaction with those services; and
(i) Continuing procedures for soliciting public input regarding the development, implementation and review of the program.
4. Review and modify the program established pursuant to subsection 3 as appropriate to provide recipients with as much independence and control over the provision of minimum essential personal assistance as is feasible.
(Added to NRS by 2001, 3107; A 2003, 2631; 2007, 155; 2009, 659; 2019, 1012)
2023 Nevada Revised Statutes › Chapter 426 - Persons With Disabilities › NRS 426.740 - Refueling of vehicle for driver with physical disability; charging greater price for fuel prohibited; exception; penalty.

1. Every person who operates a service station or retail store which sells fuel for motor vehicles to the public shall, upon request, refuel a vehicle for a driver with a physical disability.
2. The price of the fuel charged to such a driver must not be greater than the price which would be charged to any other person for the fuel if that person had personally refueled the vehicle.
3. This section does not apply to a service station or a retail store which sells fuel if the service station or retail store does not provide a person to refuel the motor vehicles of its customers.
4. A person who violates any provision of this section is guilty of a misdemeanor.
(Added to NRS by 1987, 545; A 2003, 2633)
2023 Nevada Revised Statutes › Chapter 426 - Persons With Disabilities › NRS 426.790 - Unlawfully interfering with or allowing dog or other animal to interfere with use of service animal or service animal in training; unlawfully beating or killing service animal or service animal in training; penalties.

1. A person shall not:
(a) Without legal justification, interfere with, or allow a dog or other animal the person owns, harbors or controls to interfere with, the use of a service animal or service animal in training by obstructing, intimidating or otherwise jeopardizing the safety of the service animal or service animal in training or the person using the service animal or service animal in training.
(b) Willfully and maliciously beat a service animal or service animal in training.
(c) Willfully and maliciously kill a service animal or service animal in training.
2. Unless a greater penalty is provided in NRS 206.150, a person who violates:
(a) Paragraph (a) of subsection 1 is guilty of a gross misdemeanor.
(b) Paragraph (b) of subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(c) Paragraph (c) of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. A person who violates paragraph (a), (b) or (c) of subsection 1 is, in addition to any criminal penalty that may be imposed, civilly liable to the person against whom the violation was committed as provided in NRS 426.820.
4. In addition to any other penalty, the court shall order a person convicted of a violation of paragraph (a), (b) or (c) of subsection 1 to pay restitution to the person who has the disability or the person who has custody or ownership of the service animal or service animal in training for any veterinary bills, and for the replacement cost of the service animal or service animal in training if it was killed or disabled or has become mentally or physically unable to perform its duties. The restitution must cover all costs for aides, assistance, transportation and other hardships incurred during the absence, and until the replacement, of the service animal or service animal in training.
(Added to NRS by 1981, 1916; A 1987, 824; 1995, 1993; 1999, 2516; 2001, 2891; 2003, 2975; 2005, 628)
2023 Nevada Revised Statutes › Chapter 426 - Persons With Disabilities › NRS 426.800 - Fraudulent acts: Penalty; presumption.

1. Except as otherwise provided in NRS 426.461, a person who knowingly obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, services to which he or she is not entitled, or services greater than those to which he or she is entitled, with the intent to defeat the purposes of this chapter, is guilty of a gross misdemeanor.
2. For the purposes of subsection 1, if a recipient of services pursuant to the provisions of this chapter receives an overpayment for the third time and the overpayments have resulted from a false statement or representation by the recipient or from the failure of the recipient to notify the Bureau of a change in his or her circumstances which would affect the amount of services the person receives, a rebuttable presumption arises that the payment was fraudulently received.
(Added to NRS by 1969, 483; A 1973, 1406; 1975, 1009; 1993, 1619; 1999, 1159)
2023 Nevada Revised Statutes › Chapter 426 - Persons With Disabilities › NRS 426.805 - Fraudulent misrepresentation of animal as service animal or service animal in training unlawful; penalty.

1. It is unlawful for a person to fraudulently misrepresent an animal as a service animal or service animal in training.
2. A person convicted of fraudulently misrepresenting an animal as a service animal or service animal in training is guilty of a misdemeanor and shall be punished by a fine of not more than $500.
(Added to NRS by 2005, 626)
2023 Nevada Revised Statutes › Chapter 426 - Persons With Disabilities › NRS 426.810 - Allowing dog or other animal to injure or kill service animal or service animal in training unlawful; allowing dog or other animal to endanger or injure person accompanied by service animal or service animal in training unlawful; penalties.

1. It is unlawful for a person to allow a dog or other animal that the person owns, harbors or controls to cause injury to or the death of any service animal or service animal in training, or to endanger or cause injury to a person who has a disability and is accompanied by a service animal or a person who trains service animals and is accompanied by a service animal in training.
2. Any person, including, without limitation, any firm, association or corporation, who violates the provisions of subsection 1:
(a) Is guilty of a misdemeanor and shall be punished by a fine of not more than $500; and
(b) In addition to any criminal penalty that may be imposed, is civilly liable to the person against whom the violation was committed as provided in NRS 426.820.
3. In addition to any other penalty, the court shall order a person convicted of a violation of subsection 1 to pay restitution to the person who has the disability or the person who has custody or ownership of the service animal or service animal in training for any veterinary bills, and for the replacement cost of the service animal or service animal in training if it was killed or disabled or has become mentally or physically unable to perform its duties. The restitution must cover all costs for aides, assistance, transportation and other hardships incurred during the absence, and until the replacement, of the service animal or service animal in training.
(Added to NRS by 2003, 2973; A 2005, 629)
2023 Nevada Revised Statutes › Chapter 426 - Persons With Disabilities › NRS 426.820 - Civil liability for engaging in certain prohibited acts concerning service animals or service animals in training.

1. In addition to any criminal penalty that may be imposed, any person, including, without limitation, any firm, association or corporation, who violates the provisions of paragraph (a), (b) or (c) of subsection 1 of NRS 426.790 or subsection 1 of NRS 426.810 is civilly liable to the person against whom the violation was committed for:
(a) Actual damages;
(b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and
(c) Reasonable attorney’s fees as determined by the court.
2. The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.
(Added to NRS by 2003, 2973; A 2005, 629)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.010 - Declaration of legislative purpose.

The Legislature finds and declares that:
1. 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:
(a) An adequate income in retirement.
(b) The best possible physical and mental health which science can make available and without regard to economic status.
(c) Suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford.
(d) Full restorative services for those who require institutional care.
(e) Opportunity for employment with no discriminatory personnel practices because of age.
(f) Retirement in health, honor and dignity.
(g) Pursuit of meaningful activity within the widest range of civic, cultural and recreational opportunities.
(h) Efficient community services which provide social assistance in a coordinated manner and which are readily available when needed.
(i) Immediate benefit from proven research knowledge which can sustain and improve health and happiness.
(j) Freedom, independence and the free exercise of individual initiative in planning and managing their own lives.
(k) The benefit of balanced nutrition.
(l) Adequate day care center services.
2. Persons with visual, aural, cognitive or physical disabilities 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 and access to:
(a) Full participation in the social and economic life of the State;
(b) Opportunities for remunerative employment;
(c) The same rights as persons without disabilities to the full and free use of the streets, highways, sidewalks, public buildings, public facilities and other public places;
(d) Freedom and independence in planning and managing their lives, including, without limitation, the ability to exercise individual initiative;
(e) Suitable housing that is independently selected, designed and located with consideration of the special needs of persons with disabilities, and that is affordable to persons with disabilities;
(f) The best possible physical and mental health, without regard to economic status;
(g) Necessary health, personal assistance and independent living services that are designed to enable persons with disabilities to avoid receiving institutional care, or to transition from an institutional setting back to their communities;
(h) Respite for family members of persons with disabilities from their duties as primary caregivers; and
(i) Meaningful participation in a wide range of civic, cultural and recreational opportunities.
(Added to NRS by 1971, 375; A 1973, 1396; 1981, 1904; 2009, 2395)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.020 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 427A.021 to 427A.0294, 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; 2009, 40, 2396; 2013, 3047; 2019, 264)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.021 - "Administrator" defined.

"Administrator" means the Administrator of the Aging and Disability Services Division of the Department.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760; 2009, 2396)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.022 - "Advocate" defined.

"Advocate" means an advocate appointed by the Ombudsman pursuant to NRS 427A.127.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760; 2009, 40)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.023 - "Commission" defined.

"Commission" means the Nevada Commission on Aging.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.024 - "Day care center" defined.

"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)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.025 - "Department" defined.

"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; 2015, 1429)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.026 - "Director" defined.

"Director" means the Director of the Department.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.027 - "Division" defined.

"Division" means the Aging and Disability Services Division of the Department.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760; 2009, 2396; 2013, 3047; 2015, 1429)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.028 - "Facility for long-term care" defined.

"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;
4. A home for individual residential care as defined in NRS 449.0105; and
5. 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; 2007, 150)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.0283 - "Facility for long-term rehabilitation" defined.

"Facility for long-term rehabilitation" means a facility that provides residential services for rehabilitation from an acute illness or injury in which a recipient may reside for longer than 1 month.
(Added to NRS by 2019, 264)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.029 - "Frail elderly person" defined.

"Frail elderly person" means a natural person 65 years of age or older who:
1. Has a physical or mental limitation that restricts the ability of the person 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)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.0292 - "Living arrangement services" defined.

"Living arrangement services" means:
1. Community-based living arrangement services, as defined in NRS 449.0026, that include:
(a) Intensive services and overnight supervision of recipients who require training concerning behavioral skills, self-care and management of medications; or
(b) Services in the home for recipients with chronic medical conditions and severe mental illness who require habilitation or rehabilitation services, or both; and
2. Supported living arrangement services, as defined in NRS 435.3315, that include 24-hour care.
(Added to NRS by 2019, 264)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.0294 - "Recipient" defined.

"Recipient" means a person who receives:
1. Services from a facility for long-term care, a day care center or a facility for long-term rehabilitation; or
2. Living arrangement services.
(Added to NRS by 2019, 264)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.032 - Creation; appointment and terms of members; vacancies; removal.

1. The Nevada Commission on Aging, consisting of 11 voting members and four or more nonvoting members, is hereby created within the Aging and Disability Services Division of the Department.
2. The Governor shall appoint as voting members of the Commission:
(a) Two persons who are officers or employees of a county government.
(b) Two persons who are officers or employees of a city government.
(c) Seven persons who have experience with or an interest in and knowledge of the problems of and services for the aging.
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 Chair of the Commission.
(b) The Administrator of the Aging and Disability 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 or her term unless the member 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 or her loss of any of the qualifications required for the 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 appointed by the Governor 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; 2023, 512)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.034 - Meetings; quorum; regulations; subcommittees and advisory committees.

1. The Commission may meet at least once each calendar quarter and at other times on the call of the Chair 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 Chair 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)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.036 - Compensation of members and former members; payment of expenses; expenditures.

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 the legislative member 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)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.038 - Powers and duties.

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 or her home and be an integral part of his or her 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)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.050 - Department designated agency to administer federal grants.

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)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.060 - Administrator: Appointment; qualifications.

The Administrator shall be appointed on the basis of his or her education, training, experience and demonstrated abilities and of his or her interest in the problems of the aged and aging and persons with disabilities.
(Added to NRS by 1971, 376; A 2009, 2398)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.070 - Administrator: Powers and duties.

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 chapter 435 of NRS; and
(2) Establishing a program to subsidize the transportation by taxicab of elderly persons and persons with permanent disabilities 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 the Administrator 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 and chapter 435 of NRS;
(e) Make certification for disbursement of funds available for carrying out the purposes of this chapter and chapter 435 of NRS; 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 and chapter 435 of NRS.
2. The Administrator may delegate to any officer or employee of the Division such of the powers and duties of the Administrator as the Administrator finds necessary to carry out the purposes of this chapter and chapter 435 of NRS.
(Added to NRS by 1971, 376; A 1995, 853; 2013, 2543, 3000; 2017, 3839)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.080 - Agreements and arrangements with Federal Government.

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 persons with disabilities 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; 2009, 2398)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.085 - Contracts for cooperation with governmental entities and others; effect of payments to Division for such cooperation; immunity from and limitations on liability not waived.

1. For the purposes of this chapter, the Department through the Division may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government, any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this State, a public or private corporation, an individual or a group of individuals. Such a contract or agreement may include provisions whereby the Division will provide staff, services or other resources, or any combination thereof, without payment, to further the purposes of the contract or agreement. If the contract or agreement includes a provision whereby the Division is paid for the provision of staff, services or other resources, the payment will be reimbursed directly to the Division’s budget. Cooperation pursuant to this section does not of itself relieve any person, department, agency or political subdivision of any responsibility or liability existing under any provision of law.
2. If the Administrator or the Administrator’s designee enters into a contract or agreement pursuant to subsection 1 with a private nonprofit corporation, the contract or agreement may allow:
(a) The Division to enter and inspect any premises which are related to services provided under the contract or agreement and to inspect any records which are related to services provided under the contract or agreement to ensure the welfare of any consumer served by the private nonprofit corporation under the contract or agreement;
(b) The Division and the private nonprofit corporation to share confidential information concerning any consumer served by the private nonprofit corporation under the contract or agreement; and
(c) The private nonprofit corporation to assign rights and obligations of the private nonprofit corporation under the contract or agreement to the Division.
3. The State, the Department and the Division do not waive any immunity from liability or limitation on liability provided by law by entering into a contract or agreement pursuant to this section and any such contract or agreement must include a provision to that effect.
(Added to NRS by 2013, 315)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.086 - Program to provide lunches for elderly persons; regulations.

The Director of the State Department of Agriculture shall:
1. Cooperate with the Aging and Disability Services Division of the Department of Health and Human Services in the planning of programs whereby the school districts may prepare hot lunches for persons 60 years of age or older and their spouses or any group of such persons by utilizing the systems and procedures already developed for use in the operation of school lunch programs; and
2. Adopt regulations containing guidelines for boards of trustees of school districts entering into such agreements.
(Added to NRS by 1979, 1564; A 2013, 1797)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.087 - Agreement to prepare lunches for elderly persons; restrictions.

1. The board of trustees of any school district may enter into an agreement with any individual, firm, partnership, corporation, association or public agency which has been approved for such purpose by the Division, whereby the school district agrees to prepare hot lunches for persons 60 years of age or older and their spouses or any group of such persons by utilizing the systems and procedures already developed for use in the school lunch program of such district.
2. No agreement entered into by a board of trustees of a school district pursuant to the provisions of this section may:
(a) Involve the expenditure by the school district of any school lunch money or other public school money or the use of any school lunch commodities or public school personnel, equipment or facilities unless the agreement includes a provision requiring full reimbursement therefor.
(b) Provide for payment to the school district of any amount in excess of the estimated actual cost of food, personnel, equipment, facilities and other necessary expenditures involved in the performance of the agreement. The estimated actual cost shall be negotiated by the board of trustees and the Division.
(c) Permit any program of hot lunches for persons 60 years of age or over and their spouses to interfere in any way with the use of school lunch facilities for public school purposes.
(Added to NRS by 1979, 1574)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.090 - Compliance with federal requirements; disbursement of state money for matching federal grants.

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)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.100 - Custody and disbursement of money by State Treasurer.

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)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.110 - Aging and Disability Services Division’s Gift Account.

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 and Disability 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; 2009, 2398)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.120 - Political activities prohibited; penalty.

1. No officer or employee engaged in the administration of this chapter shall use his or her 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)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.121 - "Commission" defined.

As used in NRS 427A.121 to 427A.1217, inclusive, unless the context otherwise requires, "Commission" means the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211.
(Added to NRS by 2009, 655)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.1211 - Creation; membership; terms of members; removal of member.

1. The Nevada Commission on Services for Persons with Disabilities, consisting of 11 voting members and 2 or more nonvoting members, is hereby created within the Division.
2. The Director shall appoint as voting members of the Commission 11 persons who have experience with or an interest in and knowledge of the problems of and services for persons with disabilities. The majority of the voting members of the Commission must be persons with disabilities or the parents or family members of persons with disabilities.
3. The Director and the Administrator shall serve as nonvoting, ex officio members of the Commission and each may designate an alternate within his or her office to attend any meeting of the Commission in his or her place.
4. The Director may appoint as nonvoting members of the Commission such other representatives of State Government as the Director deems appropriate.
5. After the initial term of an appointed member, the term of an appointed member is 3 years. An appointed member may be reappointed for an additional term of 3 years. An appointed member may not serve more than two terms or 6 years, whichever is greater. A vacancy on the Commission must be filled in the same manner as the original appointment. An appointed member who serves for more than 1 year of a term to which another person was appointed may be appointed to serve only one additional full term as an appointed member. However, at the completion of the additional full term, the member may be appointed to the remaining term of another member who has resigned or otherwise left the Commission before completing his or her term if the total combined service of the member being appointed, after serving the remaining term of the member who resigned or otherwise left the Commission, will not exceed 6 years.
6. The Director may remove an appointed member of 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 an appointed member by the Director.
(Added to NRS by 2009, 655; A 2015, 1433)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.1213 - Election of Chair; meetings; quorum; rules of governance; appointment of subcommittees and advisory committees.

1. The Commission shall, at its first meeting and annually thereafter, elect a Chair from among its voting members.
2. The Commission shall meet at least quarterly and at the times and places specified by a call of the Director, the Chair or a majority of the voting members of the Commission.
3. A majority of the voting members of the Commission constitutes a quorum for the transaction of all business.
4. The Commission shall establish rules for its own governance.
5. The Chair 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 persons with disabilities, 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 2009, 655; A 2013, 215; 2017, 1513, 2875)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.1215 - Salary of members; members and employees entitled to per diem allowance and travel expenses; expenditures.

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, if funding is available for this purpose.
2. While engaged in the business of the Commission, each appointed member of the Commission, each person appointed to serve on a subcommittee or advisory committee of the Commission, and each employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally, if funding is available for this purpose.
3. The Commission may expend in accordance with law all money made available for its use.
(Added to NRS by 2009, 656)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.1217 - Duties; powers.

1. The Commission shall:
(a) Determine and evaluate the needs of persons with disabilities in this State;
(b) Seek ways to avoid unnecessary duplication of services for persons with disabilities by public and private organizations in this State by coordinating recommendations with the Statewide Independent Living Council established pursuant to 29 U.S.C. § 796d;
(c) Establish priorities for the work of the Division according to the most pressing needs of persons with disabilities as determined by the Commission and in conjunction with the state plan for independent living developed pursuant to 29 U.S.C. § 796c; and
(d) Promote programs that provide community-based services necessary to enable a person with a disability, to the fullest extent possible, to remain in his or her home and be an integral part of his or her family and community.
2. The Commission may:
(a) Review and make recommendations regarding plans for services for persons with disabilities;
(b) Gather and disseminate information relating to persons with disabilities;
(c) Conduct hearings, conferences and special studies on the problems of persons with disabilities and on programs that serve persons with disabilities;
(d) Evaluate existing programs for persons with disabilities, recommend changes in those programs and propose new programs that would more effectively and economically serve the needs of persons with disabilities;
(e) Evaluate any proposed legislation that would affect persons with disabilities;
(f) Carry out the provisions of the strategic plan for persons with disabilities updated pursuant to paragraph (h) of subsection 2 of NRS 427A.040;
(g) Recommend to the Legislature any appropriate legislation concerning persons with disabilities; and
(h) Coordinate and assist the efforts of public and private organizations that serve the needs of persons with disabilities, especially in the areas of education, employment, health, housing, welfare and recreation.
(Added to NRS by 2009, 656; A 2023, 515)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.1219 - Definitions.

As used in NRS 427A.1219 to 427A.1236, inclusive, unless the context otherwise requires, the words and terms defined in NRS 427A.122 to 427A.1226, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 176)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.1222 - "Person with a physical disability" defined.

"Person with a physical disability" means a person of any age with a physical disability that substantially limits the person’s ability to participate and contribute independently in the community in which he or she lives.
(Added to NRS by 2017, 176)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.1224 - "Person with a related condition" defined.

"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.
(Added to NRS by 2017, 176)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.1226 - "Person with an intellectual disability" defined.

"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.
(Added to NRS by 2017, 176)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.123 - Office created.

The Office of Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition is hereby created within the Aging and Disability Services Division of the Department.
(Added to NRS by 1989, 1485; A 2017, 177)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.1232 - Appointment; term; qualifications; classification; reporting; removal from office.

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 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 from office for inefficiency, neglect of duty or malfeasance in office.
(Added to NRS by 1989, 1485; A 2017, 177)
2023 Nevada Revised Statutes › Chapter 427A - Services to Aging Persons and Persons With Disabilities › NRS 427A.1236 - Confidentiality of records.

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 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 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.
(Added to NRS by 1989, 1485; A 2007, 2106; 2017, 178)