NRS422.2708. Amendment of home and community-based services waiver to include as medical assistance under Medicaid funding of assisted living supportive services for senior citizens who reside in certain assisted living facilities.

      1.  The Department 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 Department 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 Department 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.

      (Added to NRS by 2005, 922)