Nevada Code § 422.396

Establishment and administration of program to provide community-based services; application for federal waiver or amendment to State Plan for Medicaid; contracting for services; adoption of regulations
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1. The Authority, through a division of
the Authority designated by the Director, shall establish and administer a
program to provide community-based services necessary to enable a person with a
physical disability to remain in his or her home or with his or her family and
avoid placement in a facility for long-term care. The Authority shall
coordinate the provision of community-based services pursuant to this section.
2. The Authority shall apply to the
Secretary of Health and Human Services for a waiver granted pursuant to 42
U.S.C. 1396n(c) or apply for an amendment to the State Plan for Medicaid that
authorizes the Authority to include as medical assistance under Medicaid the
following services for persons with physical disabilities:
(a) Respite care;
(b) Habilitation;
(c) Residential habilitation;
(d) Environmental modifications;
(e) Supported living;
(f) Supported living habilitation;
(g) Supported personal care; and
(h) Any other community-based services approved
by the Secretary of Health and Human Services.
The
Authority shall cooperate with the Federal Government in obtaining a waiver or
amendment pursuant to this subsection.
3. The Authority may use personnel of the
Authority or it may contract with any appropriate public or private agency,
organization or institution to provide the community-based services necessary
to enable a person with a physical disability to remain in his or her home or
with his or her family and avoid placement in a facility for long-term care.
4. A contract entered into with a public
or private agency, organization or institution pursuant to subsection 3 must:
(a) Include a description of the type of service
to be provided;
(b) Specify the price to be paid for each service
and the method of payment; and
(c) Specify the criteria to be used to evaluate
the provision of the service.
5. The Authority shall adopt regulations
necessary to carry out the provisions of this section, including, without limitation,
the criteria to be used in determining eligibility for the services provided
pursuant to the program. Before adopting regulations pursuant to this section,
the Authority shall solicit comments from persons with a variety of
disabilities and members of the families of those persons.
6. As used in this section, person with a
physical disability means a person with a severe physical disability that
substantially limits his or her ability to participate and contribute
independently in the community in which the person lives.

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