Nevada Code § 433.3315

The Division shall adopt regulations:
1. To define the term consumer for the
purposes of chapters 433 to 433C , inclusive, of NRS.
2. To specify the circumstances under
which a consumer is eligible to receive services from the Division pursuant to chapters 433 to 433C ,
inclusive, of NRS, including, but not limited to, care, treatment, treatment to
competency and training. Regulations adopted pursuant to this subsection must:
(a) Prescribe a system to categorize a recipient
of community-based living arrangement services by the scope of services needed
by the recipient; and
(b) Specify that a consumer is eligible to
receive services only if the consumer:
(1) Has a documented diagnosis of a mental
disorder based on the most recent edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric
Association; and
(2) Except as otherwise provided in the
regulations adopted pursuant to subsection 3, is not eligible to receive
services through another public or private entity.
3. To specify the circumstances under
which the provisions of subparagraph (2) of paragraph (b) of subsection 2 do
not apply, including, without limitation, when the copay or other payment required
to obtain services through another public or private entity is prohibitively
high.
4. To establish policies and procedures
for the referral of each consumer who needs services that the Division is
unable to provide to the most appropriate organization or resource who is able
to provide the needed services to that consumer.
5. To establish procedures by which a
recipient of community-based living arrangement services with which the
Division has entered into a contract may appeal a decision of the Division
concerning eligibility for or authorization of services.
6. As used in this section,
community-based living arrangement services has the meaning ascribed to it in NRS 449.0026 .

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