NRS426.729. Duties of Director of Department of Health and Human Services.

  The Director of the Department of Health and Human Services, in consultation with the Nevada Commission on Services for Persons with Disabilities shall:

      1.  Determine the amount of state funding necessary each biennium to carry out NRS 426.728.

      2.  Ensure that the amount of funding determined to be necessary pursuant to subsection 1 is included in the budgetary request of the appropriate department or agency for the biennium, and that the budgetary request includes funding for any increase in the number of cases handled by the state personal assistance programs.

      3.  Establish a program to govern the services provided to carry out NRS 426.728, within the limitations of any conditions upon the receipt of state or federal funding, including:

      (a) Minimum standards for the provision of minimum essential personal assistance, including, to the extent authorized by state and federal law, the provision of services in accordance with NRS 629.091;

      (b) Minimum qualifications and training requirements for providers of minimum essential personal assistance;

      (c) Standards for the financial operation of providers of minimum essential personal assistance;

      (d) The development of an individual service plan for the provision of minimum essential personal assistance to each recipient;

      (e) Procedures to appeal the denial or modification of an individual service plan for the provision of minimum essential personal assistance and to resolve any disputes regarding the contents of such a plan;

      (f) Continuous monitoring of the adequacy and effectiveness of the provision of minimum essential personal assistance to each recipient;

      (g) Mandatory requirements and procedures for reporting the abuse, neglect or exploitation of a recipient;

      (h) The receipt of meaningful input from recipients, including surveys of recipients, regarding the extent to which recipients are receiving the services described in their individual service plans and their satisfaction with those services; and

      (i) Continuing procedures for soliciting public input regarding the development, implementation and review of the program.

      4.  Review and modify the program established pursuant to subsection 3 as appropriate to provide recipients with as much independence and control over the provision of minimum essential personal assistance as is feasible.

      5.  Submit to each regular session of the Legislature and make available to members of the public any recommendations for legislation to carry out NRS 426.728 and to carry out or improve the program established pursuant to subsection 3.

      (Added to NRS by 2001, 3107; A 2003, 2631; 2007, 155; 2009, 659)