1. Within 1 year after an older patient sustains damage to his or her property as a result of any act or failure to act by a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home, an intermediary service organization, a community health worker pool, a peer support recovery organization or an agency to provide nursing in the home in protecting the property, the older patient may file a verified complaint with the Division setting forth the details of the damage.
2. Upon receiving a verified complaint pursuant to subsection 1, the Administrator shall investigate the complaint and attempt to settle the matter through arbitration, mediation or negotiation.
3. If a settlement is not reached pursuant to subsection 2, the facility, home, agency, organization or older patient may request a hearing before the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition. If requested, the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition shall conduct a hearing to determine whether the facility, home, agency, pool or organization is liable for damages to the patient. If the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition determines that the facility, home, agency, pool or organization is liable for damages to the patient, the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition shall order the amount of the surety bond pursuant to NRS 449.065 or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division. The Division shall pay any such amount to the older patient or the estate of the older patient.
4. The Division shall create a separate account for money to be collected and distributed pursuant to this section.
5. As used in this section:
(a) "Agency to provide nursing in the home" has the meaning ascribed to it in NRS 449.0015;
(b) "Agency to provide personal care services in the home" has the meaning ascribed to it in NRS 449.0021;
(c) "Community health worker pool" has the meaning ascribed to it in NRS 449.0028;
(d) "Facility for intermediate care" has the meaning ascribed to it in NRS 449.0038;
(e) "Facility for skilled nursing" has the meaning ascribed to it in NRS 449.0039;
(f) "Home for individual residential care" has the meaning ascribed to it in NRS 449.0105;
(g) "Intermediary service organization" has the meaning ascribed to it in NRS 449.4304;
(h) "Older patient" has the meaning ascribed to it in NRS 449.065;
(i) "Peer support recovery organization" has the meaning ascribed to it in NRS 449.01563; and
(j) "Residential facility for groups" has the meaning ascribed to it in NRS 449.017.
(Added to NRS by 1997, 1484; A 2005, 2174; 2007, 1220; 2009, 507, 2399; 2013, 143; 2015, 2169, 2180; 2017, 179)
1. Within 1 year after an older patient sustains damage to his or her property as a result of any act or failure to act by a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home, an intermediary service organization, a community health worker pool or an agency to provide nursing in the home in protecting the property, the older patient may file a verified complaint with the Division setting forth the details of the damage.
2. Upon receiving a verified complaint pursuant to subsection 1, the Administrator shall investigate the complaint and attempt to settle the matter through arbitration, mediation or negotiation.
3. If a settlement is not reached pursuant to subsection 2, the facility, home, agency, organization or older patient may request a hearing before the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition. If requested, the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition shall conduct a hearing to determine whether the facility, home, agency, pool or organization is liable for damages to the patient. If the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition determines that the facility, home, agency, pool or organization is liable for damages to the patient, the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition shall order the amount of the surety bond pursuant to NRS 449.065 or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division. The Division shall pay any such amount to the older patient or the estate of the older patient.
4. The Division shall create a separate account for money to be collected and distributed pursuant to this section.
5. As used in this section:
(a) "Agency to provide nursing in the home" has the meaning ascribed to it in NRS 449.0015;
(b) "Agency to provide personal care services in the home" has the meaning ascribed to it in NRS 449.0021;
(c) "Community health worker pool" has the meaning ascribed to it in NRS 449.0028;
(d) "Facility for intermediate care" has the meaning ascribed to it in NRS 449.0038;
(e) "Facility for skilled nursing" has the meaning ascribed to it in NRS 449.0039;
(f) "Home for individual residential care" has the meaning ascribed to it in NRS 449.0105;
(g) "Intermediary service organization" has the meaning ascribed to it in NRS 449.4304;
(h) "Older patient" has the meaning ascribed to it in NRS 449.065; and
(i) "Residential facility for groups" has the meaning ascribed to it in NRS 449.017.
(Added to NRS by 1997, 1484; A 2005, 2174; 2007, 1220; 2009, 507, 2399; 2013, 143; 2015, 2169, 2180; 2017, 179; 2021, 2820, effective January 1, 2022)
Structure Nevada Revised Statutes
Chapter 427A - Services to Aging Persons and Persons With Disabilities
NRS 427A.010 - Declaration of legislative purpose.
NRS 427A.021 - "Administrator" defined.
NRS 427A.022 - "Advocate" defined.
NRS 427A.023 - "Commission" defined.
NRS 427A.024 - "Day care center" defined.
NRS 427A.025 - "Department" defined.
NRS 427A.026 - "Director" defined.
NRS 427A.027 - "Division" defined.
NRS 427A.028 - "Facility for long-term care" defined.
NRS 427A.0283 - "Facility for long-term rehabilitation" defined.
NRS 427A.029 - "Frail elderly person" defined.
NRS 427A.0292 - "Living arrangement services" defined.
NRS 427A.0293 - "Ombudsman" defined.
NRS 427A.0294 - "Recipient" defined.
NRS 427A.0295 - "Resident" defined.
NRS 427A.030 - Liberal construction.
NRS 427A.032 - Creation; appointment and terms of members; vacancies; removal.
NRS 427A.034 - Meetings; quorum; regulations; subcommittees and advisory committees.
NRS 427A.036 - Compensation of members and former members; payment of expenses; expenditures.
NRS 427A.038 - Powers and duties.
NRS 427A.040 - Powers and duties.
NRS 427A.050 - Department designated agency to administer federal grants.
NRS 427A.060 - Administrator: Appointment; qualifications.
NRS 427A.070 - Administrator: Powers and duties.
NRS 427A.080 - Agreements and arrangements with Federal Government.
NRS 427A.086 - Program to provide lunches for elderly persons; regulations.
NRS 427A.087 - Agreement to prepare lunches for elderly persons; restrictions.
NRS 427A.100 - Custody and disbursement of money by State Treasurer.
NRS 427A.110 - Aging and Disability Services Division’s Gift Account.
NRS 427A.120 - Political activities prohibited; penalty.
NRS 427A.121 - "Commission" defined.
NRS 427A.1211 - Creation; membership; terms of members; removal of member.
NRS 427A.1217 - Duties; powers.
NRS 427A.122 - "Older person" defined.
NRS 427A.1222 - "Person with a physical disability" defined.
NRS 427A.1224 - "Person with a related condition" defined.
NRS 427A.1226 - "Person with an intellectual disability" defined.
NRS 427A.123 - Office created.
NRS 427A.1232 - Appointment; term; qualifications; classification; reporting; removal from office.
NRS 427A.1234 - Duties and powers of Attorney.
NRS 427A.1236 - Confidentiality of records.
NRS 427A.125 - Creation of Office; appointment; classification; duties and powers.
NRS 427A.137 - Investigation of complaint involving recipient.
NRS 427A.138 - Retaliation prohibited; penalty.
NRS 427A.145 - Conduct of investigation.
NRS 427A.260 - Provision of services; contracts.
NRS 427A.280 - Tests and demonstrations.
NRS 427A.290 - Establishment authorized; requirements; regulations; funding.
NRS 427A.300 - Creation of Office; appointment; qualifications; classification.
NRS 427A.315 - "Forum" defined.
NRS 427A.317 - "President" defined.
NRS 427A.330 - Nomination, appointment and terms of members.
NRS 427A.340 - Qualifications of members.
NRS 427A.350 - Ex officio membership in Forum of member of National Silver Haired Congress.
NRS 427A.360 - Vacancies in membership.
NRS 427A.370 - Election, terms and duties of officers; assistance from Legislative Counsel Bureau.
NRS 427A.380 - Public hearings; meetings; formation of committees; compliance with Open Meeting Law.
NRS 427A.395 - Duties concerning money received and expenses incurred.
NRS 427A.400 - Compensation of members.
NRS 427A.740 - "Commission" defined.
NRS 427A.791 - "Person with a physical disability" defined.
NRS 427A.793 - Establishment; regulations; judicial review of eligibility decisions.
NRS 427A.795 - Required elements of essential personal care.
NRS 427A.7951 - "Person with a disability who needs independent living services" defined.
NRS 427A.7953 - Establishment authorized; regulations; judicial review of eligibility decisions.
NRS 427A.800 - "Traumatic brain injury" defined.
NRS 427A.850 - Program for Persons With Traumatic Brain Injuries: Establishment; services.
NRS 427A.863 - "Department" defined.
NRS 427A.864 - "Media outlet" defined.
NRS 427A.865 - "Missing endangered older person" defined.
NRS 427A.866 - "System" defined.
NRS 427A.867 - Creation; composition; administration; requirements for participation in System.
NRS 427A.868 - Duties and powers of Department; regulations.
NRS 427A.8713 - "Commission" defined.
NRS 427A.8715 - "Early intervention services" defined.
NRS 427A.880 - Referral to Autism Treatment Assistance Program.
NRS 427A.8803 - Nevada Commission on Autism Spectrum Disorders: Report by Division.
NRS 427A.884 - "Nevada ABLE Savings Program" defined.
NRS 427A.885 - "Qualified ABLE program" defined.
NRS 427A.886 - "Trust Fund" defined.
NRS 427A.889 - Establishment; regulations; gifts, grants or other sources of money.
NRS 427A.891 - No full faith and credit for savings trust accounts and savings trust agreements.
NRS 427A.894 - Money provided for direct expenses or marketing not part of Trust Fund.