reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.354 - "Asset" defined

Current through June 11, 2024
"Asset" means income and resources that:
1. Belong to an applicant or recipient;
				and
2. Have monetary
				value.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A by R163-06,
				  9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.356 - "Case management" defined

Current through June 11, 2024
"Case management" means a process in which a person is
				  assisted in gaining access to services provided by COPE and to medical,
				  educational, social and other services, without regard to the source of funding
				  from which the access is gained.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A by R163-06, 9-18-2007; A by Aging &
				  Disability Services Div. by R018-10, 7-22-2010
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.358 - "Case manager" defined

Current through June 11, 2024
"Case manager" means a person who meets the qualifications
				  set forth in NAC 427A.428 and who carries out the duties of case management for
				  a recipient of COPE.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A by R163-06,
				  9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.364 - "Commission" defined

Current through June 11, 2024
"Commission" means the Nevada Commission on Aging.
Added to NAC by Aging
				  Services Div., eff. 7-16-92
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.365 - "COPE" defined

Current through June 11, 2024
"COPE" means the Community Service Options Program for the
				  Elderly established by the Division pursuant to
				  NRS
				  427A.250 to provide community-based services
				  to frail elderly persons.
Added to NAC by Aging
				  Services Div. by R163-06, eff. 9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.367 - "Designated representative" defined

Current through June 11, 2024
"Designated representative" means a person designated to act
				  on behalf of a recipient pursuant to NAC 427A.384.
Added to NAC by Aging
				  Services Div. by R163-06, eff. 9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.372 - "Fiscal year" defined

Current through June 11, 2024
"Fiscal year" means a period beginning on July 1 and ending
				  on June 30 of the following year.
Added to NAC by Aging
				  Services Div., eff. 7-16-92
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.374 - "Income" defined

Current through June 11, 2024
"Income" means the receipt of money or other thing of
				  value.
Added to NAC by Aging
				  Services Div., eff. 7-16-92
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.378 - "Legal representative" defined

Current through June 11, 2024
"Legal representative" means:
1. A person who has been designated to act
				for an applicant or a recipient of COPE by a power of attorney;
2. A legal guardian of an applicant or a
				recipient; or
3. Any other person
				who is legally authorized to act for an applicant or a recipient.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A by R163-06,
				  9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.379 - "Nursing facility" defined

Current through June 11, 2024
"Nursing facility" means a facility for intermediate care as
				  defined in
				  NRS
				  449.0038, or a facility for skilled nursing
				  as defined in
				  NRS
				  449.0039.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A 1-10-97
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.3797 - "Recipient" defined

Current through June 11, 2024
"Recipient" means a person who is enrolled in COPE.
Added to NAC by Aging
				  Services Div. by R163-06, eff. 9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.380 - "Respite care" defined

Current through June 11, 2024
"Respite care" means care for a patient that provides a
				  respite for the primary caregiver from the stresses and responsibilities that
				  result from the daily care of the patient.
Added to NAC by Aging
				  Services Div., eff. 7-16-92
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.381 - "Social Services Manager" defined

Current through June 11, 2024
"Social Services Manager" means the Social Services Manager
				  of community-based care of the Division.
Added to NAC by Aging
				  Services Div. by R163-06, eff. 9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.3815 - "Standardized assessment tool" defined

Current through June 11, 2024
"Standardized assessment tool" means the form used to measure
				  the needs of a recipient of COPE.
Added to NAC by Aging
				  Services Div. by R163-06, eff. 9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.384 - Designation of representative to act on behalf of recipient

Current through June 11, 2024
If a recipient has difficulty acting on his or her own
				  behalf, the recipient may designate a representative to act on his or her
				  behalf. If the recipient designates such a representative, the recipient shall
				  notify the Division and all subsequent correspondence from the Division must be
				  sent to the recipient and his or her designated representative.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A by R163-06,
				  9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.386 - Transfer of case between regions of State

Current through June 11, 2024
If a recipient moves from one region in this State to
				  another, his or her case must be transferred to the office of the Division
				  responsible for the region to which the recipient has moved.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A by R163-06,
				  9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.388 - Confidentiality and release of records of recipient

Current through June 11, 2024
1.
				The records of a recipient are confidential and may only be released to:
(a) A person who is authorized by the
				recipient or his or her legal representative pursuant to a signed, written
				authorization to release information.
(b) A person who is authorized to view the
				records of a recipient pursuant to an order of a court of competent
				jurisdiction.
(c) An employee of
				the Division, if the Social Services Manager deems it necessary.
(d) A member of the staff of an agency that
				is required by state or federal law to investigate allegations of crimes
				committed against older persons, persons with mental illness or persons with
				disabilities if the member of the staff provides:
(1) A written request for the records;
				and
(2) A written authorization to
				release the records which is signed by the recipient or his or her legal
				representative.
(e) A
				member of the staff of an agency that is required by state or federal law to
				pursue legal, administrative or other remedies to ensure the rights of older
				persons, persons with mental illness or persons with disabilities if the member
				of the staff provides:
(1) A written request
				for the records; and
(2) A written
				authorization to release the records which is signed by the recipient or his or
				her legal representative.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.390 - Review and copying of case file of recipient

Current through June 11, 2024
1.
				The Division will make a recipient's case file available for review upon the
				request of the recipient.
2. A
				recipient may authorize another person to review the recipient's case file by
				signing a form for the release of information. The form will be provided by the
				Division. The signing of the form must be witnessed by a person other than the
				person who is being authorized to review the file.
3. A copy of the plan of care, statement of
				understanding or release of information must be provided at no charge to the
				recipient or the person authorized to review the file. A copy of any other
				document in the case file must be furnished to the recipient or the person
				authorized to review the file at a charge not to exceed the actual cost to the
				Division of producing the copy.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A by R163-06,
				  9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Enrollment and Determination of Eligibility › Section 427A.400 - Enrollment in Program: Procedure; denial

Current through June 11, 2024
1. A person may
				apply for enrollment in COPE by completing an application and submitting it to
				an office of the Division. If an applicant meets the criteria for eligibility
				listed in NAC 427A.402 and funds are available, the Division will authorize
				services from COPE for the applicant and the applicant must be enrolled in
				COPE. The eligibility of a recipient must be reestablished annually.
2. The Division may, at the discretion of the
				Administrator, establish a waiting list for enrollment in COPE to ensure
				service will be provided within a reasonable time as established by the
				Department of Health and Human Services.
3. If an applicant is denied enrollment, the
				staff of the Division shall inform the applicant in writing of the reason or
				reasons why his or her application was denied and provide to the applicant
				written information regarding the right to an appeal.
4. If possible, referrals must be made to
				other agencies for the provision of services to an applicant who has been
				denied enrollment in COPE.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A 1-10-97; R163-06, 9-18-2007; A by Aging &
				  Disability Services Div. by R018-10, 7-22-2010
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Enrollment and Determination of Eligibility › Section 427A.402 - Eligibility for Program; duties of Division when no provider is available

Current through June 11, 2024
1. To be eligible for COPE, a person must:
(a) Be 65 years of age or older.
(b) Function at a level required for a person
				under the care of a nursing facility and be determined to be at risk of
				placement in a nursing facility within 30 days if not for the services provided
				by COPE.
(c) Be:
(1) A citizen of the United States;
(2) An alien who was legally admitted into
				the United States for permanent residency; or
(3) An alien who has been granted temporary
				residency under the Immigration Reform and Control Act of 1986,
				8
				U.S.C. §§
												1101, et seq.,
and
				  sign the application or an addendum to the application certifying that the
				  person is a citizen of the United States or an alien with such lawful
				  immigration status. The Division may require an applicant to provide additional
				  verification of the requirements of this paragraph.
(d) Reside in this State with the
				intention of making this State his or her place of residence for an indefinite
				period.
(e) Provide the Division
				with his or her social security number. An applicant who has not been issued a
				social security number shall obtain a number and provide it to the Division
				within a reasonable time after submitting his or her application.
(f) Meet the requirements for monthly income
				and assets as set by:
(1) Medicaid, as noted
				in the "Eligibility and Payments Manual" of the Division of Welfare and
				Supportive Services of the Department of Health and Human Services;
				and
(2) The Commission.
(g) Reside in a private
				residence.
(h) Not be receiving
				care at an acute care hospital or nursing facility.
(i) Not be receiving services that duplicate
				the services of COPE.
(j) Agree to
				accept the services of COPE.
(k)
				Demonstrate a continued need for the services of COPE.
(l) Agree to use available personal and
				financial resources to support his or her need for services.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Enrollment and Determination of Eligibility › Section 427A.404 - Evaluation of income and assets of applicant or recipient

Current through June 11, 2024
The Division will evaluate the income and assets of an
				  applicant or a recipient in determining the eligibility or continued
				  eligibility of the applicant or recipient for enrollment in COPE. Such
				  evaluation must be conducted on an annual basis.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A by R163-06,
				  9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Enrollment and Determination of Eligibility › Section 427A.406 - Income of applicant or recipient: Limitation; determination; reporting

Current through June 11, 2024
1. The allowable gross monthly income of a
				recipient must be determined during any month that services are provided by
				COPE in accordance with the institutional guidelines established by the
				Division of Welfare and Supportive Services of the Department of Health and
				Human Services subject to the amendments set forth by the Commission, if
				any.
2. To determine the gross
				monthly income of an applicant or a recipient, any income excluded pursuant to
				NAC 427A.408 during the month on which the determination is based must be
				subtracted from the total amount of income received by the applicant or
				recipient for that month.
3. All
				income, except income excluded pursuant to NAC 427A.408, must be verified,
				documented and counted in determining the eligibility of an applicant or the
				continued eligibility of a recipient.
4. An applicant or a recipient shall:
(a) Report to the Division all changes in his
				or her income.
(b) Ensure that all
				income and verification of that income is reported to the Division.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Enrollment and Determination of Eligibility › Section 427A.408 - Income of applicant or recipient: Exclusions

Current through June 11, 2024
The following income must be excluded from the determination
				  of the eligibility of an applicant or continued eligibility of a
				  recipient:
1. A refund of
				taxes.
2. Any money from a state
				agency that is intended to supplement the needs of the applicant or recipient.
				Such money may not come from federal funds.
3. A payment from the United States
				Department of Housing and Urban Development.
4. A payment from the Energy Assistance
				Program.
5. Infrequent and
				irregular income if the total income does not exceed $20 monthly and it is
				impossible to estimate such income in the future.
6. A payment from Volunteers in Service to
				America.
7. A payment from the
				Retired and Senior Volunteer and Foster Grandparent Programs.
8. A payment from Indian General
				Assistance.
9. Aid and Attendance
				or Housebound Benefits received from the Veteran's Administration.
10. Income necessary for a plan of achieving
				self-support for an applicant or recipient who is blind or has a disability.
				The plan must be an individual plan, in writing and approved by the Social
				Security Administration.
11. A
				reimbursement from the Veteran's Administration for unusual medical
				expenses.
12. A payment received
				from an absent parent or stepparent for child support.
13. Infrequent gifts from friends, including
				gifts of cash received on a special occasion such as Christmas, a birthday or
				an anniversary.
14. A payment on
				Medicare premiums.
15. Money
				received pursuant to a loan.
16. A
				payment in cash from an insurance company as reimbursement for medical costs
				paid by the recipient or to be applied toward medical bills.
17. Money received by members of an Indian
				tribe for the satisfaction of a judgment entered pursuant to a lawsuit or per
				capita payments made pursuant to Public Law 98-64,
				25
				U.S.C. §§
										117 a, et seq.
18. Income the applicant or recipient
				receives as a result of another person's death that is used for the expenses of
				the deceased person's last illness or burial. Any portion of such income
				remaining after deducting such expenses must be counted as income for the month
				the income was received. As used in this subsection, "expenses for a person's
				last illness or burial" include related hospital and medical expenses and
				expenses for the funeral, burial plot, interment, new clothing to wear to the
				funeral, food for visiting relatives and taxi fare to and from the hospital and
				funeral home.
19. A refund for a
				deposit or overcharge.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A 1-10-97; R163-06,
				  9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Enrollment and Determination of Eligibility › Section 427A.410 - Assets of applicant or recipient: Limitation

Current through June 11, 2024
The assets of an applicant or recipient may not exceed the
				  limit for assets set forth in the institutional guidelines established by the
				  Division of Welfare and Supportive Services of the Department of Health and
				  Human Services subject to the amendments set forth by the Commission, if
				  any.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A 1-10-97; R163-06,
				  9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Enrollment and Determination of Eligibility › Section 427A.422 - Cooperation with Division in determining eligibility; notification of change in circumstances material to eligibility

Current through June 11, 2024
1. An
				applicant or a recipient or his or her designated representative shall
				cooperate with the Division in securing any information necessary to determine
				the applicant's eligibility or the recipient's continued eligibility for
				enrollment in COPE. If the applicant or recipient or the designated
				representative fails to so cooperate, the Division will deny the application or
				terminate the services of COPE.
2.
				If the application process is delayed because the applicant or his or her
				designated representative is not cooperating pursuant to subsection 1, and the
				applicant or his or her designated representative cooperates on or before the
				Division's deadline for processing the application, the process must be
				continued.
3. An applicant or a
				recipient or his or her designated representative shall inform the Division if
				any of the following changes concerning the applicant or recipient occurs:
(a) His or her address changes;
(b) His or her living arrangements
				change;
(c) His or her income or
				assets change;
(d) The applicant or
				recipient is hospitalized or placed under institutional care;
(e) The applicant or recipient changes his or
				her name; or
(f) Any other change
				in circumstances material to the applicant's eligibility or recipient's
				continued eligibility for enrollment in COPE.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Enrollment and Determination of Eligibility › Section 427A.424 - Provision by recipient of monthly statements of bank accounts; action by Division on information received between reassessments

Current through June 11, 2024
1. A recipient may be required to provide
				copies of statements of his or her bank accounts each month.
2. Any information received by the Division
				between each reassessment that may affect the eligibility of the recipient will
				be evaluated and acted on if applicable.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A by R163-06,
				  9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Provision of Services › Section 427A.428 - Qualifications of case manager

Current through June 11, 2024
To be eligible to act as a case manager, a person
				  must:
1. Hold a current license as a
				social worker or associate in social work issued pursuant to chapter 641B of
				NRS;
2. Hold a current license as a
				registered nurse issued pursuant to chapter 632 of NRS; or
3. If the person does not hold a current
				license as a social worker:
(a) Meet the
				criteria for licensure as a social worker;
(b) Hold a current license in a related
				capacity, including, without limitation, a marriage and family therapist
				licensed pursuant to chapter 641A of NRS or a counselor who is certified
				pursuant to chapter 641C of NRS; and
(c) Be exempt from the provisions of chapter
				641B of NRS pursuant to
				NRS
				641B.040.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Provision of Services › Section 427A.430 - Individual assessment of recipients

Current through June 11, 2024
All recipients must receive an individual assessment which is
				  conducted by qualified personnel of the Division using the standardized
				  assessment tool to identify the specific needs of the recipient. The assessment
				  must be conducted in a face-to-face meeting with the recipient in the setting
				  in which the services of COPE will be provided and must be completed before the
				  services of COPE will be initiated.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A by R163-06, 9-18-2007; A by Aging &
				  Disability Services Div. by R018-10, 7-22-2010
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Provision of Services › Section 427A.432 - Plan of care for recipient: Development and revision; contents; provision of copy to recipient

Current through June 11, 2024
1. A written plan
				of care must be developed for each recipient after the assessment required by
				NAC 427A.430 is completed. The recipient, the recipient's family or his or her
				designated representative shall participate in the process of developing the
				plan. The plan of care must be reviewed and signed by the case manager and the
				recipient or a designated representative of the recipient.
2. The plan of care must be a written
				document that includes, without limitation:
(a) A description of the recipient's need for
				care and services which is based on the assessment conducted pursuant to NAC
				427A.430;
(b) The specific services
				to be provided, including the frequency and identity of the provider of such
				services; and
(c) The
				individualized goals of the recipient.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Provision of Services › Section 427A.436 - Periodic reassessment of recipient and reauthorization of services

Current through June 11, 2024
1. A recipient must be reassessed by his or
				her case manager in a face-to-face meeting with the recipient in the setting in
				which the services of COPE are provided at least once every 365 days, using the
				standardized assessment tool, to:
(a)
				Determine whether the Division should reauthorize services for the
				recipient.
(b) If necessary, revise
				any information gathered during the assessment made pursuant to NAC
				427A.430.
(c) Review the
				recipient's:
(1) Ability to perform
				activities of daily living, including, without limitation, the need for minimum
				essential personal assistance, as defined in
				NRS
				426.723;
(2) Need for ongoing services; and
(3) Systems of support such as family,
				friends or volunteers.
(d) Evaluate the services being provided by
				COPE and any progress made toward the goals listed in the plan of
				care.
(e) Assist in the development
				of a new or revised plan of care.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Provision of Services › Section 427A.438 - Duties of case manager

Current through June 11, 2024
1. A case manager
				shall:
(a) Collect information to verify the
				eligibility of a recipient.
(b)
				Evaluate the level of care needed by the recipient.
(c) Develop a plan of care for the
				recipient.
(d) Estimate the costs
				of services for the recipient.
(e)
				Monitor, on an ongoing basis, the provision of services, including, without
				limitation, the plan of care for the recipient.
(f) Carry out the duties prescribed in
				paragraphs (a) to (e), inclusive, for a recipient on an annual basis.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Provision of Services › Section 427A.440 - Provision and scope of services under Program

Current through June 11, 2024
1. If
				economically feasible, the following services will be made available to
				recipients:
(a) Adult day care, if such
				service is provided:
(1) In a licensed
				facility for the care of adults during the day, as the term is defined in
				NRS
				449.004;
(2) For 4 or more hours per day;
(3) On a regularly scheduled basis;
				and
(4) For 1 or more days per
				week.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Provision of Services › Section 427A.442 - Provision of respite care

Current through June 11, 2024
1. If the Social
				Services Manager has determined that a recipient is eligible to receive respite
				care at the recipient's residence, such care will be made available only if:
(a) The recipient has a primary caregiver who
				lives at the recipient's home;
(b)
				The caregiver needs relief from his or her duties as a caregiver;
(c) The recipient needs supervised care at
				his or her residence at all times;
(d) There are trained respite workers
				available in the recipient's area; and
(e) Funds for respite care are
				available.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Provision of Services › Section 427A.450 - Procedure when recipient, applicant or person residing with recipient or applicant has communicable disease

Current through June 11, 2024
1. If a recipient,
				an applicant or a person who resides with the recipient or applicant has a
				communicable disease, the provision of service to the recipient or the
				processing of the application must be temporarily suspended until the infected
				person has been examined by a licensed physician, a registered nurse or a
				physician assistant and has been determined to be free of the disease or is no
				longer contagious.
2. As used in
				this section, "communicable disease" means a disease that is caused by a
				specific infectious agent or its toxic products, and that can be transmitted,
				either directly or indirectly, from one person to another. The term does not
				include acquired immune deficiency syndrome or the human immunodeficiency
				virus.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A 1-10-97; R163-06,
				  9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Provision of Services › Section 427A.452 - Procedure upon placement of recipient in hospital or nursing facility

Current through June 11, 2024
1. If a recipient is placed in a hospital or
				a nursing facility, the Division will suspend the recipient's services during
				the time he or she is in the hospital or nursing facility.
2. If the recipient remains in the hospital
				or nursing facility for 45 days or more, the Division will terminate the
				recipient's services and close his or her case.
3. If the recipient remains in the hospital
				or nursing facility for less than 45 days, the Division will review the
				recipient's case and his or her services may be reinstated or the case may be
				closed.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A 1-10-97; R163-06,
				  9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Provision of Services › Section 427A.454 - Reduction of services: Notification of recipient; reasons; request by recipient

Current through June 11, 2024
1. If any services
				of COPE must be reduced, the recipient or his or her designated representative
				will be notified by the Division before the reduction of those services takes
				effect. This notification will include the reason for the reduction of services
				and information regarding the right of the recipient to an administrative
				review.
2. The Division may reduce
				the services of COPE for the following reasons:
(a) The recipient or his or her designated
				representative requests a reduction in services.
(b) The recipient no longer needs the
				service.
(c) The recipient no
				longer needs the number of service hours previously provided.
(d) Another agency, program or support system
				will provide the service.
(e)
				Available funds have been expended.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Provision of Services › Section 427A.456 - Termination of services: Grounds; notification of recipient

Current through June 11, 2024
1. In addition to
				any other requirements for closing a case and terminating the services of COPE
				set forth in NAC 427A.350 to 427A.488, inclusive, the Division will close a
				case and terminate services if:
(a) The
				recipient dies.
(b) The recipient
				fails to meet the criteria for eligibility listed in NAC 427A.402.
(c) The recipient or his or her designated
				representative requests the discontinuation of the services.
(d) The recipient fails to apply for, pursue
				or accept a claim for other benefits or fails to provide information essential
				to establish such a claim.
(e) The
				recipient's residence becomes unsafe for the recipient or his or her providers
				of service.
(f) The recipient or
				his or her designated representative participates in any activity designed to
				defraud COPE or the Division.
(g)
				The cost of services provided to the recipient is more than 100 percent of the
				average cost of care for a patient who receives care in a nursing
				facility.
(h) The recipient fails
				to cooperate with the established plan of care.
(i) Funds previously available have been
				expended.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Administrative Review › Section 427A.460 - Right of review

Current through June 11, 2024
1. An applicant for
				services of COPE is entitled to an administrative review if his or her
				application is denied.
2. A
				recipient is entitled to an administrative review if:
(a) The recipient's services are
				terminated;
(b) The recipient's
				services are reduced without his or her concurrence;
(c) The recipient has not been given a choice
				between community home-based care and institutional care; or
(d) The recipient has a grievance concerning
				the delivery, quality, duration or scope of his or her services.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Administrative Review › Section 427A.462 - Request for review

Current through June 11, 2024
1. An applicant or
				a recipient or his or her designated representative may request an
				administrative review by:
(a) Signing, dating
				and returning to the office of the Division responsible for the region in which
				the applicant or recipient resides the letter notifying the applicant or
				recipient of the action to be taken by the Division; or
(b) Submitting a written request to the
				office of the Division responsible for the region in which the applicant or
				recipient resides.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Administrative Review › Section 427A.464 - Preliminary conference for resolution of matter

Current through June 11, 2024
1.
				Within 10 days after the Division receives a request for an administrative
				review, the Social Services Manager of the region in which the applicant or
				recipient resides shall contact the applicant or recipient or his or her
				designated representative to schedule a conference with a member of the staff
				of the Division to attempt to resolve the matter without the necessity of an
				administrative review.
2. The
				Social Services Manager shall:
(a) Preside at
				the conference; and
(b) Complete a
				report on the outcome of the conference.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Administrative Review › Section 427A.468 - Continuation of services during review

Current through June 11, 2024
1. A recipient
				is entitled to receive services from COPE while an administrative review of a
				termination of those services is pending, if funding is available, unless the
				recipient or his or her designated representative requests in writing that the
				services be discontinued.
2. If the
				services are continued and the decision to terminate those services is upheld,
				the recipient may be required to pay for the cost of any services provided
				after the date on which those services were originally scheduled to be
				terminated.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A by R163-06, 9-18-2007; A by Aging &
				  Disability Services Div. by R018-10, 7-22-2010
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Administrative Review › Section 427A.470 - Right to representation

Current through June 11, 2024
An applicant or a recipient is entitled to represent himself
				  or herself or to be represented by another person, including a legal
				  representative, at the administrative review. The Division will inform the
				  applicant or recipient or his or her designated representative of this
				  right:
1. At the time he or she
				applies for enrollment in COPE; and
2. In a letter notifying the recipient of the
				action of the Division that is subject to administrative review.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A by R163-06,
				  9-18-2007
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Administrative Review › Section 427A.472 - Attendance by case manager; procedure when case manager unable to attend

Current through June 11, 2024
1. A reviewing officer shall request the case
				manager responsible for the contested action of the Division to attend the
				administrative review.
2. If the
				case manager is unable to attend the review:
(a) The supervisor for the region in which
				the applicant or recipient resides shall serve as the representative of the
				Division.
(b) The case manager
				shall provide the reviewing officer with a report that contains:
(1) A summary of the factors on which the
				contested action of the Division is based; and
(2) All applicable laws, regulations and
				policies of the Division or the Division of Welfare and Supportive Services of
				the Department of Health and Human Services.
The reviewing officer shall
				  cause the report of the case manager to be read into the record and entered
				  into evidence during the administrative review.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Administrative Review › Section 427A.474 - Disclosure of documents, records and additional relevant information

Current through June 11, 2024
1. An applicant or a recipient or his or her
				designated representative is entitled to receive:
(a) Before the administrative review, a
				photocopy of all documents and records that will be used in the administrative
				review. The Division will provide these photocopies at no charge.
(b) From the Division, photocopies of
				additional relevant information that will not be used at the administrative
				review upon payment of a charge not to exceed the actual cost to the Division
				of producing the photocopies.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Administrative Review › Section 427A.476 - Conducting of review

Current through June 11, 2024
1. A reviewing
				officer shall:
(a) Conduct the administrative
				review in an informal manner; and
(b) Ensure that all relevant issues are
				considered during the administrative review.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Administrative Review › Section 427A.478 - Recording of review

Current through June 11, 2024
1. A reviewing
				officer shall record the administrative review with an audiotape
				recorder.
2. The reviewing
				officer's tape recorder is the only recording device that may be allowed at the
				administrative review.
Added to NAC by Aging
				  Services Div., eff. 7-16-92
NRS
					 427A.250
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Administrative Review › Section 427A.480 - Case record of review; submission and retention of case record and recording

Current through June 11, 2024
1. A reviewing
				officer shall keep a case record of each administrative review that he or she
				conducts which contains:
(a) All
				correspondence that the reviewing officer has received regarding the subject
				matter of the administrative review;
(b) All exhibits presented and accepted
				during the administrative review; and
(c) A narrative log of all contacts that the
				reviewing officer has had with the applicant or recipient or his or her
				designated representative, members of the staff of the Division, or legal
				counsel for any of the participants in the administrative review.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Administrative Review › Section 427A.482 - Procedure upon review

Current through June 11, 2024
1. At the beginning
				of the administrative review, the reviewing officer shall:
(a) Introduce himself or herself;
(b) Announce the date and time;
(c) State the name of the person requesting
				the administrative review;
(d)
				State the reason for the administrative review;
(e) Cause each person present to introduce
				himself or herself and to state the person's purpose in attending the
				administrative review; and
(f)
				Advise those present that the administrative review is being recorded by an
				audiotape recorder.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Administrative Review › Section 427A.484 - Decision of reviewing officer

Current through June 11, 2024
1. The decision of
				a reviewing officer must:
(a) Be based on the
				evidence and information presented at the administrative review and any
				additional information submitted pursuant to subsection 6 of NAC
				427A.482;
(b) Comply with the
				regulations of the Division that were in effect at the time the Division took
				the contested action;
(c) Comply
				with the policies of COPE;
(d)
				Contain a summary of the findings of fact;
(e) Identify supporting evidence and
				regulations;
(f) Respond to any
				reasonable arguments of the applicant or recipient or his or her designated
				representative; and
(g) Be
				submitted in writing to the Administrator of the Division with the case record
				and all exhibits presented during the administrative review.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Administrative Review › Section 427A.486 - Notification of decision and right to appeal; request for appeal

Current through June 11, 2024
1. A reviewing officer shall mail the written
				decision to the applicant or recipient or his or her designated representative
				within 15 days after the close of the administrative review. In addition to the
				written decision, the reviewing officer shall notify the applicant or recipient
				or his or her designated representative by mail of:
(a) The right to appeal the decision of the
				reviewing officer to the Division; and
(b) The process to request an appeal to the
				Administrator of the Division.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › Administrative Review › Section 427A.488 - Report of reviewing officer summarizing proceedings

Current through June 11, 2024
1. A reviewing officer shall summarize the
				proceedings in a written report using the following format:
A. INTRODUCTION-The date, time and place of
				the administrative review and the name of each person present at the
				administrative review.
B. NATURE OF
				CASE-Overview of the issues presented during the administrative
				review.
C. FINDINGS OF FACT-The
				facts of the case as determined by the reviewing officer.
D. CONCLUSIONS OF LAW-The laws, regulations,
				procedural rules and policies which support the findings and decision of the
				reviewing officer.
E. DECISION-The
				decision to either uphold or overrule the action of the Division.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › STATEWIDE ALERT SYSTEM FOR THE SAFE RETURN OF MISSING ENDANGERED OLDER PERSONS › General Provisions › Section 427A.490 - Definitions

Current through June 11, 2024
As used in NAC 427A.490 to 427A.545, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 427A.493 to
				  427A.502, inclusive, have the meanings ascribed to them in those
				  sections.
Added to
				  NAC by Department of Public Safety by
				  R021-12,
				  eff. 6/23/2014
NRS
					 427A.868
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › STATEWIDE ALERT SYSTEM FOR THE SAFE RETURN OF MISSING ENDANGERED OLDER PERSONS › General Provisions › Section 427A.493 - "Department" defined

Current through June 11, 2024
"Department" means the Department of Public Safety.
Added to
				  NAC by Department of Public Safety by
				  R021-12,
				  eff. 6/23/2014
NRS
					 427A.868
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › STATEWIDE ALERT SYSTEM FOR THE SAFE RETURN OF MISSING ENDANGERED OLDER PERSONS › General Provisions › Section 427A.496 - "Media outlet" defined

Current through June 11, 2024
"Media outlet" has the meaning ascribed to it in
				  NRS
				  427A.864.
Added to
				  NAC by Department of Public Safety by
				  R021-12,
				  eff. 6/23/2014
NRS
					 427A.868
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › STATEWIDE ALERT SYSTEM FOR THE SAFE RETURN OF MISSING ENDANGERED OLDER PERSONS › General Provisions › Section 427A.499 - "Missing endangered older person" defined

Current through June 11, 2024
"Missing endangered older person" has the meaning ascribed to
				  it in
				  NRS
				  427A.865.
Added to
				  NAC by Department of Public Safety by
				  R021-12,
				  eff. 6/23/2014
NRS
					 427A.868