Nevada Code § 422.3962

1. The Authority shall apply to the
Secretary of Health and Human Services to amend its home and community-based
services waiver granted pursuant to 42 U.S.C. 1396n. The waiver must be
amended, in addition to providing coverage for any home and community-based
services which the waiver covers on June 4, 2005, to authorize the Authority to
include as medical assistance under Medicaid the funding of assisted living
supportive services for senior citizens who reside in assisted living
facilities which are certified by the Housing Division of the Department of
Business and Industry pursuant to NRS
319.147 .
2. The Authority shall:
(a) Cooperate with the Federal Government in
amending the waiver pursuant to this section;
(b) If the Federal Government approves the
amendments to the waiver, adopt regulations necessary to carry out the provisions
of this section, including, without limitation, the criteria to be used in
determining eligibility for the assisted living supportive services funded
pursuant to subsection 1; and
(c) Implement the amendments to the waiver only
to the extent that the amendments are approved by the Federal Government.
3. As used in this section:
(a) Assisted living facility means a
residential facility for groups that:
(1) Satisfies the requirements set forth
in subsection 7 of NRS 449.0302 ; and
(2) Has staff at the facility available 24
hours a day, 7 days a week, to provide scheduled assisted living supportive
services and assisted living supportive services that are required in an
emergency in a manner that promotes maximum dignity and independence of
residents of the facility.
(b) Assisted living supportive services means
services which are provided at an assisted living facility to residents of the
assisted living facility, including, without limitation:
(1) Personal care services;
(2) Homemaker services;
(3) Chore services;
(4) Attendant care;
(5) Companion services;
(6) Medication oversight;
(7) Therapeutic, social and recreational
programming; and
(8) Services which ensure that the
residents of the facility are safe, secure and adequately supervised.

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