NRS422.396. Establishment and administration of program; application for federal waiver to amend State Plan for Medicaid; contracting for services; adoption of regulations.

      1.  The Department, through a division of the Department 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 Department shall coordinate the provision of community-based services pursuant to this section.

      2.  The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1396n(c) that authorizes the Department to amend the State Plan for Medicaid adopted by the Department pursuant to NRS 422.271 in order to authorize the Department to include as medical assistance under the State Plan 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.

Ê The Department shall cooperate with the Federal Government in obtaining a waiver pursuant to this subsection.

      3.  The Department may use personnel of the Department 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 Department 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 Department 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.

      (Added to NRS by 1997, 2659; A 2003, 2622; 2013, 1622)