[Rev. 1/17/2009 1:42:55 PM]
CHAPTER 427A - SERVICES TO AGING PERSONS
GENERAL PROVISIONS
NRS 427A.010 Declaration of legislative purpose.
NRS 427A.020 Definitions.
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.029 “Frail elderly person” defined.
NRS 427A.0295 “Resident” defined.
NRS 427A.030 Liberal construction.
NEVADA COMMISSION ON AGING
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.
AGING SERVICES DIVISION
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.090 Compliance with federal requirements; disbursement of state money for matching federal grants.
NRS 427A.100 Custody and disbursement of money by State Treasurer.
NRS 427A.110 Aging Services Division’s Gift Account.
NRS 427A.120 Political activities prohibited; penalty.
SPECIALIST FOR RIGHTS OF ELDERLY PERSONS
NRS 427A.122 “Elderly person” defined.
NRS 427A.123 Office created.
NRS 427A.1232 Appointment; qualifications; removal from office.
NRS 427A.1234 Duties and powers of Specialist.
NRS 427A.1236 Confidentiality of records.
ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE
NRS 427A.125 Appointment; classification; duties.
NRS 427A.127 Representatives of advocate: Appointment; powers and duties.
NRS 427A.135 Investigation; entry into facility; interference prohibited; penalty; right of resident concerning visits with advocate; immunity for advocate’s investigative actions.
NRS 427A.136 Investigation of complaint involving person who is less than 60 years of age.
NRS 427A.138 Retaliation prohibited; penalty.
NRS 427A.145 Conduct of investigation.
NRS 427A.155 Referral of results of investigation to appropriate agency; notification of disposition.
NRS 427A.165 Regulations.
COMPLAINTS AGAINST CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS THAT PROVIDE CARE FOR OLDER PATIENTS
NRS 427A.175 Complaint for damage to property of older patient: Filing; investigation and settlement; hearing; payment of damages.
PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS
NRS 427A.250 Aging Services Division to establish and administer program; goals of program; regulations.
NRS 427A.260 Provision of services; contracts.
NRS 427A.270 Division authorized to apply for, accept and expend grants of money or other assistance; fees for services.
NRS 427A.280 Tests and demonstrations.
OMBUDSMAN FOR AGING PERSONS
NRS 427A.300 Creation of Office; appointment; qualifications.
NRS 427A.310 Duties.
NEVADA SILVER HAIRED LEGISLATIVE FORUM
NRS 427A.320 Creation.
NRS 427A.330 Nomination, appointment and terms of members.
NRS 427A.340 Qualifications of members.
NRS 427A.350 Ex officio membership 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.390 Powers.
NRS 427A.395 Duties concerning money received and expenses incurred.
NRS 427A.400 Compensation of members.
PROPERTY TAX ASSISTANCE FOR SENIOR CITIZENS
NRS 427A.450 Legislative findings and declaration.
NRS 427A.455 Definitions.
NRS 427A.460 “Claim” defined.
NRS 427A.465 “Claimant” defined.
NRS 427A.470 “Home” defined.
NRS 427A.475 “Household” defined.
NRS 427A.480 “Household income” defined.
NRS 427A.485 “Income” defined.
NRS 427A.490 “Lot” defined.
NRS 427A.495 “Property taxes accrued” defined.
NRS 427A.500 “Rent” defined.
NRS 427A.505 “Senior citizen” defined.
NRS 427A.510 Determination of which member of household is claimant.
NRS 427A.515 Homeowner’s refund: Entitlement; limitation.
NRS 427A.520 Renter’s refund: Entitlement; limitation.
NRS 427A.522 Calculation of homeowner’s refund and renter’s refund.
NRS 427A.525 Rent deemed to constitute accrued property tax.
NRS 427A.530 Filing of claims with county assessor; processing of claim.
NRS 427A.535 Action by Division on claim.
NRS 427A.540 Disallowance of claim.
NRS 427A.545 Eligibility unaffected by receipt of other assistance if claim for exemption filed; assessed valuation reduced by amount of exemption.
NRS 427A.550 Division may expend money from Senior Citizens’ Property Tax Assistance Account for audit of claims processed by county assessor.
NRS 427A.555 Multiple claims prohibited.
NRS 427A.560 Survival of right to assistance on death of claimant.
NRS 427A.565 Revocation of grant of assistance for improper claim; restitution.
NRS 427A.570 Claim to be disallowed and refund to be repaid with penalty if property acquired to obtain benefits.
NRS 427A.575 Excessive or fraudulent claim; penalty.
NRS 427A.580 Penalty for false statement or use of fraudulent device.
NRS 427A.585 Administrative and judicial review.
NRS 427A.590 Administration by Division; regulations.
NRS 427A.595 Senior Citizens’ Property Tax Assistance Account: Purposes; use.
NRS 427A.600 Disclosure of personal or confidential information prohibited.
_________
GENERAL PROVISIONS
NRS 427A.010 Declaration of legislative purpose. The Legislature finds and declares that the older people of our state are entitled to receive, and it is the joint and several duty and responsibility of the state and local governments to provide, within the limits of available resources, assistance to secure equal opportunity to the full and free enjoyment of the following objectives:
1. An adequate income in retirement.
2. The best possible physical and mental health which science can make available and without regard to economic status.
3. Suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford.
4. Full restorative services for those who require institutional care.
5. Opportunity for employment with no discriminatory personnel practices because of age.
6. Retirement in health, honor and dignity.
7. Pursuit of meaningful activity within the widest range of civic, cultural and recreational opportunities.
8. Efficient community services which provide social assistance in a coordinated manner and which are readily available when needed.
9. Immediate benefit from proven research knowledge which can sustain and improve health and happiness.
10. Freedom, independence and the free exercise of individual initiative in planning and managing their own lives.
11. The benefit of balanced nutrition.
12. Adequate day care center services.
(Added to NRS by 1971, 375; A 1973, 1396; 1981, 1904)
NRS 427A.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 427A.021 to 427A.0295, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760; 1987, 975; 1991, 1976)
NRS 427A.021 “Administrator” defined. “Administrator” means the Chief of the Aging Services Division of the Department.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760)
NRS 427A.022 “Advocate” defined. “Advocate” means an advocate for residents of facilities for long-term care.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760)
NRS 427A.023 “Commission” defined. “Commission” means the Nevada Commission on Aging.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760)
NRS 427A.024 “Day care center” defined. “Day care center” means a facility for the care of adults during the day as defined in NRS 449.004.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760)
NRS 427A.025 “Department” defined. “Department” means the Department of Health and Human Services.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760)
NRS 427A.026 “Director” defined. “Director” means the Director of the Department.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760)
NRS 427A.027 “Division” defined. “Division” means the Aging Services Division of the Department.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760)
NRS 427A.028 “Facility for long-term care” defined. “Facility for long-term care” means:
1. A residential facility for groups as defined in NRS 449.017;
2. A facility for intermediate care as defined in NRS 449.0038;
3. A facility for skilled nursing as defined in NRS 449.0039;
4. A home for individual residential care as defined in NRS 449.0105; and
5. Any unlicensed establishment that provides food, shelter, assistance and limited supervision to a resident.
(Added to NRS by 1971, 375; A 1973, 1396; 1983, 544, 1027, 1656; 1985, 931, 1760; 1991, 1976; 2007, 150)
NRS 427A.029 “Frail elderly person” defined. “Frail elderly person” means a natural person 65 years of age or older who:
1. Has a physical or mental limitation that restricts his ability to live independently and carry out activities of normal daily living; and
2. Has been or is at risk of being placed in a facility for long-term care.
(Added to NRS by 1987, 973)
NRS 427A.0295 “Resident” defined. “Resident” means a person who is 60 years of age or older.
(Added to NRS by 1991, 1975)
NRS 427A.030 Liberal construction. The provisions of this chapter shall be liberally construed to effect its stated purposes.
(Added to NRS by 1971, 376)
NEVADA COMMISSION ON AGING
NRS 427A.032 Creation; appointment and terms of members; vacancies; removal.
1. The Nevada Commission on Aging, consisting of 11 voting members and four or more nonvoting members, is hereby created within the Aging Services Division of the Department.
2. The Governor shall appoint as voting members of the Commission:
(a) Two persons who are members of the governing body of a county.
(b) Two persons who are members of the governing body of a city.
(c) Seven persons who have experience with or an interest in and knowledge of the problems of and services for the aging.
Ê At least six persons appointed as voting members must be 55 years of age or older.
3. The following persons shall serve as nonvoting members of the Commission:
(a) The Director of the Department, who shall serve as Chairman of the Commission.
(b) The Administrator of the Aging Services Division.
(c) One member of the Senate and one member of the Assembly appointed by the Legislative Commission with appropriate regard for their experience with and knowledge of matters relating to older persons.
(d) Such other representatives of state government as may be designated by the Governor.
4. The members designated in paragraphs (a) and (b) of subsection 3 may designate alternates within their respective offices to attend any meeting of the Commission in their place.
5. After the initial terms, the Governor shall appoint each voting member of the Commission to a term of 2 years. No member may serve after the expiration of his term unless he is appointed to serve another term. No person may be appointed to serve a full term as a voting member more than twice. No person who serves as a voting member for more than 1 year of a term to which another person was appointed may be appointed to serve a full term more than once.
6. The position of a member of the Commission is vacated upon his loss of any of the qualifications required for his appointment and in that event the vacancy must be filled for the unexpired term in the manner provided for the original appointment.
7. The Governor may remove a member he appointed to the Commission for malfeasance in office or neglect of duty. Absence from two consecutive meetings of the Commission constitutes good and sufficient cause for removal of a member by the Governor.
(Added to NRS by 1983, 543; A 1989, 206)
NRS 427A.034 Meetings; quorum; regulations; subcommittees and advisory committees.
1. The Commission may meet at least once each calendar quarter and at other times on the call of the Chairman or a majority of its members.
2. A majority of the voting members of the Commission constitutes a quorum for the transaction of all business.
3. The Commission shall adopt regulations for its own government.
4. The Chairman may appoint subcommittees and advisory committees composed of the members of the Commission, former members of the Commission and members of the general public who have experience with or knowledge of matters relating to older persons to consider specific problems or other matters that are related to and within the scope of the functions of the Commission. A subcommittee or advisory committee appointed pursuant to this subsection must not contain more than five members. To the extent practicable, the members of such a subcommittee or advisory committee must be representative of the various geographic areas and ethnic groups of this state.
(Added to NRS by 1983, 544; A 1999, 1641)
NRS 427A.036 Compensation of members and former members; payment of expenses; expenditures.
1. Each voting member of the Commission is entitled to receive a salary of not more than $80 per day, as fixed by the Commission, while engaged in the business of the Commission.
2. While engaged in the business of the Commission, each member of the Commission appointed pursuant to subsection 2 or paragraph (a), (b) or (d) of subsection 3 of NRS 427A.032, each former member of the Commission and each member of the general public appointed to serve on a subcommittee or advisory committee of the Commission pursuant to subsection 4 of NRS 427A.034, and each employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
3. The Commission may expend in accordance with law all money made available for its use.
4. Except during a regular or special session of the Legislature, each legislative member of the Commission is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a meeting of the Commission or is otherwise engaged in the business of the Commission, plus the per diem allowance and travel expenses provided for state officers and employees generally. The salaries and expenses of the legislative members of the Commission must be paid from the Legislative Fund.
(Added to NRS by 1983, 544; A 1985, 422; 1989, 207, 1714; 1999, 1641)
NRS 427A.038 Powers and duties.
1. The Commission shall:
(a) Determine and evaluate the needs of the older people of this state.
(b) Seek ways to avoid unnecessary duplication of services for older persons by public and private organizations in Nevada.
(c) Establish priorities for the work of the Division according to the most pressing needs of older persons as determined by the Commission.
(d) Promote programs that provide community-based services necessary to enable a frail elderly person, to the fullest extent possible, to remain in his home and be an integral part of his family and community.
2. The Commission may:
(a) Establish priorities for programs funded under the Older Americans Act of 1965 (42 U.S.C. §§ 3001 et seq.).
(b) Review and approve the State Plan for Providing Services to Meet the Needs of Older Persons.
(c) Gather and disseminate information in the field of aging.
(d) Conduct hearings, conferences and special studies on the problems of older persons and on programs which serve them.
(e) Evaluate existing programs for older persons and recommend needed changes in those programs and propose new programs which would more effectively and economically serve the needs of older persons.
(f) Evaluate any proposed legislation which would affect older persons.
(g) Recommend to the Legislature any appropriate legislation.
(h) Coordinate and assist the efforts of public and private organizations which serve the needs of older persons, especially in the areas of education, employment, health, housing, welfare and recreation.
(Added to NRS by 1983, 544; A 1987, 975; 1989, 207)
AGING SERVICES DIVISION
NRS 427A.040 Powers and duties.
1. The Division shall, consistent with the priorities established by the Commission pursuant to NRS 427A.038:
(a) Serve as a clearinghouse for information related to problems of the aged and aging.
(b) Assist the Director in all matters pertaining to problems of the aged and aging.
(c) Develop plans, conduct and arrange for research and demonstration programs in the field of aging.
(d) Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.
(e) Prepare, publish and disseminate educational materials dealing with the welfare of older persons.
(f) Gather statistics in the field of aging which other federal and state agencies are not collecting.
(g) Stimulate more effective use of existing resources and available services for the aged and aging.
(h) Develop and coordinate efforts to carry out a comprehensive State Plan for Providing Services to Meet the Needs of Older Persons. In developing and revising the State Plan, the Division shall consider, among other things, the amount of money available from the Federal Government for services to aging persons and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to aging persons.
(i) Coordinate all state and federal funding of service programs to the aging in the State.
(j) Confer with the Department as the sole state agency in the State responsible for administering the provisions of this chapter.
2. The Division may contract with any appropriate public or private agency, organization or institution, in order to carry out the provisions of this chapter.
(Added to NRS by 1971, 376; A 1973, 1396; 1981, 1904; 1983, 545)
NRS 427A.050 Department designated agency to administer federal grants. The Department, through the Division, shall act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal funds granted to the State pursuant to the Older Americans Act of 1965 (42 U.S.C. §§ 3001-3053) as amended from time to time.
(Added to NRS by 1971, 376)
NRS 427A.060 Administrator: Appointment; qualifications. The Administrator shall be appointed on the basis of his education, training, experience and demonstrated abilities and of his interest in the problems of the aged and aging.
(Added to NRS by 1971, 376)
NRS 427A.070 Administrator: Powers and duties.
1. The Administrator shall:
(a) Subject to the approval of the Director, adopt rules and regulations:
(1) Necessary to carry out the purposes of this chapter; and
(2) Establishing a program to subsidize the transportation by taxicab of the elderly and the permanently handicapped from money received pursuant to subsection 5 of NRS 706.8825;
(b) Establish appropriate administrative units within the Division;
(c) Appoint such personnel and prescribe their duties as he deems necessary for the proper and efficient performance of the functions of the Division;
(d) Prepare and submit to the Governor, through the Director before September 1 of each even-numbered year for the biennium ending June 30 of such year, reports of activities and expenditures and estimates of sums required to carry out the purposes of this chapter;
(e) Make certification for disbursement of funds available for carrying out the purposes of this chapter; and
(f) Take such other action as may be necessary or appropriate for cooperation with public and private agencies and otherwise to carry out the purposes of this chapter.
2. The Administrator may delegate to any officer or employee of the Division such of his powers and duties as he finds necessary to carry out the purposes of this chapter.
(Added to NRS by 1971, 376; A 1995, 853)
NRS 427A.080 Agreements and arrangements with Federal Government. The Department through the Division may make agreements, arrangements or plans to:
1. Cooperate with the Federal Government in carrying out the purposes of this chapter or of any federal statutes pertaining to the problems of the aged and aging and to this end may adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of those agreements, arrangements or plans; and
2. Comply with such conditions as may be necessary to secure benefits under those federal statutes.
(Added to NRS by 1971, 376; A 1981, 1905)
NRS 427A.090 Compliance with federal requirements; disbursement of state money for matching federal grants.
1. The Division may comply with such requirements as may be necessary to obtain federal money.
2. The Administrator may disburse state money, to the extent the Division has money budgeted for the purpose, to enable nonprofit, sponsoring organizations and political subdivisions of this State to obtain matching federal grants.
(Added to NRS by 1971, 377; A 1973, 695; 1981, 1905)
NRS 427A.100 Custody and disbursement of money by State Treasurer.
1. The State Treasurer is designated as custodian of all moneys received from the Federal Government for carrying out the purposes of this chapter or any agreements, arrangements or plans authorized thereby.
2. The State Treasurer shall make disbursements from such funds and from all state funds available for the purposes of this chapter upon certification by the designated official of the Division.
(Added to NRS by 1971, 377)
NRS 427A.110 Aging Services Division’s Gift Account.
1. Except as otherwise provided in NRS 427A.270, all gifts of money which the Division is authorized to accept must be deposited in the State Treasury for credit to the Aging Services Division’s Gift Account in the Department of Health and Human Services’ Gift Fund. The money may be invested and reinvested and must be used in accordance with the conditions of the gift.
2. All claims must be approved by the Administrator before they are paid.
(Added to NRS by 1971, 377; A 1979, 621; 1981, 78; 1987, 975)
NRS 427A.120 Political activities prohibited; penalty.
1. No officer or employee engaged in the administration of this chapter shall use his official authority to influence or interfere with an election or affect the results thereof or for any partisan political purpose. No such officer or employee shall solicit or receive, nor shall any officer or employee be obliged to contribute or render, any service, assistance, subscription, assessment or contribution for any political purpose.
2. Any officer or employee violating the provisions of this section shall be discharged.
(Added to NRS by 1971, 377)
SPECIALIST FOR RIGHTS OF ELDERLY PERSONS
NRS 427A.122 “Elderly person” defined. As used in NRS 427A.122 to 427A.1236, inclusive, unless the context otherwise requires, “elderly person” means a person who is 60 years of age or older.
(Added to NRS by 1999, 126)
NRS 427A.123 Office created. The Office of Specialist for the Rights of Elderly Persons is hereby created within the Aging Services Division of the Department.
(Added to NRS by 1989, 1485)
NRS 427A.1232 Appointment; qualifications; removal from office.
1. The Governor shall appoint the Specialist for the Rights of Elderly Persons for a term of 4 years. The person appointed:
(a) Must be an attorney licensed to practice law in this State;
(b) Must be qualified by training and experience to perform the duties and functions of his office;
(c) Is in the unclassified service of the State; and
(d) Shall report upon request to the Administrator regarding the performance of his duties and the functioning of his office.
2. The Governor may remove the Specialist for the Rights of Elderly Persons from office for inefficiency, neglect of duty or malfeasance in office.
(Added to NRS by 1989, 1485)
NRS 427A.1234 Duties and powers of Specialist.
1. The Specialist for the Rights of Elderly Persons shall:
(a) Provide advocacy and education relating to the legal rights of elderly persons and shall facilitate the development of legal services to assist elderly persons in securing and maintaining their legal rights.
(b) Provide, upon request, technical assistance, training and other support relating to the legal rights of elderly persons to:
(1) An attorney who is providing legal services for an elderly person;
(2) An employee of a law enforcement agency;
(3) An advocate for residents of facilities for long-term care;
(4) An employee of an office for protective services of any county; and
(5) An employee of the Division.
(c) Review existing and proposed policies, legislation and regulations that affect elderly persons, and make recommendations as appropriate to the Administrator.
(d) Review and analyze information relating to the nature and extent of abuse, neglect, exploitation and isolation of elderly persons to identify services that need to be provided, including, without limitation:
(1) Methods of intervening on behalf of an elderly person to protect the elderly person from abuse, neglect, exploitation or isolation; and
(2) Enforcing the laws of this state governing abuse, neglect, exploitation and isolation of elderly persons.
2. The Specialist for the Rights of Elderly Persons may:
(a) Have access to, inspect, copy and subpoena all records in the possession of any clerk of a court, law enforcement agency or public or private institution, wherever situated, that relate to the abuse, neglect, exploitation or isolation of an elderly person.
(b) Have access to all written records in the possession of any person, government, governmental agency or political subdivision of a government that relate to the abuse, neglect, exploitation or isolation of an elderly person.
(c) Represent and assist any incompetent person until a guardian is appointed for that person.
(d) Use the information obtained pursuant to paragraphs (a) and (b) to resolve complaints relating to the abuse, neglect, exploitation or isolation of an elderly person.
(e) Develop services relating to financial management for an elderly person who is at risk of having a guardian or conservator appointed by a court to manage his property.
(f) Appear as amicus curiae on behalf of elderly persons in any court in this state.
(g) Perform such other functions as are necessary to carry out his duties and the functions of his office.
(Added to NRS by 1989, 1485; A 1999, 126)
NRS 427A.1236 Confidentiality of records. All records in the possession of the Specialist for the Rights of Elderly Persons relating to his counseling or representation of an elderly person are confidential and must not be released to any other person except upon order of a court of competent jurisdiction or pursuant to NRS 239.0115.
(Added to NRS by 1989, 1485; A 2007, 2106)
ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE
NRS 427A.125 Appointment; classification; duties. The Administrator may appoint advocates for residents of facilities for long-term care, who are within the Aging Services Division and are in the classified service of the State. Such an advocate shall, under direction of the Administrator:
1. Receive, investigate and attempt to resolve complaints made by or on behalf of residents of facilities for long-term care.
2. Investigate acts, practices, policies or procedures of any facility for long-term care or any governmental agency which relates to such care and may adversely affect the health, safety, welfare or civil rights of residents of such facilities, and report the results of the investigations to the Administrator.
3. Record and analyze information and complaints about facilities for long-term care to identify problems affecting their residents.
4. Coordinate services within the Department which may affect residents and prospective residents of facilities for long-term care to ensure that such services are made available to eligible persons.
5. Recommend and review policies, legislation and regulations, both in effect and proposed, which affect facilities for long-term care.
6. Upon request, advise and assist the Governor, the Legislature and public and private groups in formulating and putting into effect policies which affect facilities for long-term care and their residents.
7. Provide information to interested persons and to the general public concerning his functions and activities.
8. Report annually to the Administrator.
9. Upon request by the Administrator, temporarily perform the duties of the Ombudsman for Aging Persons specified in NRS 427A.310.
(Added to NRS by 1983, 1026; A 1993, 115)
NRS 427A.127 Representatives of advocate: Appointment; powers and duties. The Administrator may appoint representatives of the advocate who are within the Division and in the classified service of the State. A representative has all the powers and duties of an advocate.
(Added to NRS by 1989, 1485)
NRS 427A.135 Investigation; entry into facility; interference prohibited; penalty; right of resident concerning visits with advocate; immunity for advocate’s investigative actions.
1. The advocate or his representative may:
(a) Upon a complaint by or on behalf of a resident, investigate any act or policy which he has reason to believe may adversely affect the health, safety, welfare or civil rights of any resident of a facility for long-term care; and
(b) Make periodic visits to any facility for long-term care to provide information to the residents of the facility and to review generally any act, practice, policy, procedure or condition which may adversely affect the health, safety, welfare or civil or other rights of any resident of the facility.
2. The advocate or his representative may enter any facility for long-term care and any area within the facility at reasonable times with or without prior notice and must be permitted access to residents of the facility at all times. Upon his arrival at the facility he shall notify the person in charge and shall present appropriate identification.
3. A person shall not willfully interfere with the advocate or his representative in the performance of any investigation or visitation pursuant to this section. If any person is found, after notice and a hearing, to have willfully violated any provision of this subsection, the Director, at the request of the Administrator, may refer the matter to the Health Division for the imposition of an administrative fine of not more than $1,000 for each violation.
4. Any money collected as a result of an administrative fine imposed pursuant to this section must be deposited in the State General Fund.
5. Each resident has the right to request, deny or terminate visits with the advocate or his representative.
6. The advocate or his representative is not liable civilly for the good faith performance of any investigation.
(Added to NRS by 1983, 1026; A 1989, 1485; 1991, 1976)
NRS 427A.136 Investigation of complaint involving person who is less than 60 years of age. The Administrator may direct an advocate to investigate a complaint involving a person who is less than 60 years of age.
(Added to NRS by 1991, 1976)
NRS 427A.138 Retaliation prohibited; penalty.
1. An officer, director or employee of a facility for long-term care shall not retaliate against any person for having filed a complaint with, or provided information to, the advocate or any representative of the advocate.
2. If any person is found, after notice and a hearing, to have violated any provision of subsection 1, the Director, at the request of the Administrator, may refer the matter to the Health Division for the imposition of an administrative fine of not more than $1,000 for each violation.
3. Any money collected as a result of an administrative fine imposed pursuant to this section must be deposited in the State General Fund.
(Added to NRS by 1989, 1485)
NRS 427A.145 Conduct of investigation. In conducting an investigation, the advocate or his representative may:
1. Inspect any facility for long-term care and any records maintained by the facility. Except as otherwise provided in this subsection, the medical and personal financial records may be inspected only with the informed consent of the resident, his legal guardian or the person or persons designated as responsible for decisions regarding the resident. If the resident is unable to consent to the inspection and has no legal guardian, the inspection may be conducted without consent.
2. Interview:
(a) Officers, directors and employees of any facility for long-term care, including any licensed provider of health care as defined in NRS 629.031, who renders services to the facility or its residents.
(b) Any resident of the facility and his legal guardian, if any, and his family or the person or persons designated as responsible for decisions regarding his care if the resident consents to the interview.
3. Obtain such assistance and information from any agency of the State or its political subdivisions as is necessary properly to perform the investigation.
(Added to NRS by 1983, 1027; A 1989, 1486)
NRS 427A.155 Referral of results of investigation to appropriate agency; notification of disposition.
1. In appropriate cases and under the Administrator’s direction, the advocate or his representative shall refer the results of his investigation to the governmental agencies with authority to enforce applicable laws and regulations through administrative, civil or criminal proceedings.
2. The advocate or his representative shall notify the complainant of the ultimate disposition of the matter raised in his complaint.
(Added to NRS by 1983, 1027; A 1989, 1486)
NRS 427A.165 Regulations. The Division may adopt regulations regarding the requirement, contents, posting and distribution of a notice which describes the purpose of such an advocate and sets forth the procedure for making a complaint to the advocate.
(Added to NRS by 1983, 1027)
COMPLAINTS AGAINST CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS THAT PROVIDE CARE FOR OLDER PATIENTS
NRS 427A.175 Complaint for damage to property of older patient: Filing; investigation and settlement; hearing; payment of damages.
1. Within 1 year after an older patient sustains damage to his 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, an agency to provide personal care services in the home, an intermediary service 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, agency, organization or older patient may request a hearing before the Specialist for the Rights of Elderly Persons. If requested, the Specialist for the Rights of Elderly Persons shall conduct a hearing to determine whether the facility, agency or organization is liable for damages to the patient. If the Specialist for the Rights of Elderly Persons determines that the facility, agency or organization is liable for damages to the patient, he 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) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038;
(d) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039;
(e) “Intermediary Service Organization” has the meaning ascribed to it in NRS 426.218;
(f) “Older patient” has the meaning ascribed to it in NRS 449.063; and
(g) “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)
PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS
NRS 427A.250 Aging Services Division to establish and administer program; goals of program; regulations.
1. The Division shall establish and administer a program to provide the community-based services necessary to enable a frail elderly person to remain in his own home or with his family and avoid placement in a facility for long-term care. The program may be carried out solely by the Division or in cooperation with another state agency, the Federal Government or any local government.
2. Any such program established by the Division pursuant to this section may have as its goals to:
(a) Foster independence and self-reliance and maintain the dignity of frail elderly persons and allow them, to the fullest extent possible, to be an integral part of their families and communities;
(b) Establish in communities throughout the state community-based services which will enable frail elderly persons to remain in their homes;
(c) Ensure that any frail elderly person who has been, or is at risk of being, placed inappropriately in a facility for long-term care is able to receive the services which will enable him to stay in his home; and
(d) Promote participation by any appropriate public or private agency, organization or institution in the development of services that offer options to frail elderly persons and foster independent living.
3. The Division shall adopt regulations necessary to establish and administer the program established pursuant to this section.
(Added to NRS by 1987, 974)
NRS 427A.260 Provision of services; contracts.
1. The Division may use personnel of the Division or it may contract with any appropriate public or private agency, organization or institution to provide the community-based services necessary to enable a frail elderly person to remain in his home.
2. Any such contract 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.
(Added to NRS by 1987, 974)
NRS 427A.270 Division authorized to apply for, accept and expend grants of money or other assistance; fees for services.
1. The Division may apply for, accept and expend any federal or private grant of money or other type of assistance that becomes available to carry out the provisions of NRS 427A.250 to 427A.280, inclusive. Any money received pursuant to this section must be deposited with the State Treasurer and accounted for separately in the State General Fund.
2. The Division shall, with the approval of the Commission and Director, establish a schedule of fees to be charged and collected for any service provided pursuant to NRS 427A.250 to 427A.280, inclusive.
(Added to NRS by 1987, 974)
NRS 427A.280 Tests and demonstrations. The Division may initiate projects to test and demonstrate various ways of providing the community-based services necessary to enable a frail elderly person to remain in his home.
(Added to NRS by 1987, 974)
OMBUDSMAN FOR AGING PERSONS
NRS 427A.300 Creation of Office; appointment; qualifications.
1. The Office of Ombudsman for Aging Persons is hereby created within the Aging Services Division of the Department.
2. The Administrator shall appoint the Ombudsman for Aging Persons. The person so appointed:
(a) Must be qualified by training and experience to perform the duties and functions of his office; and
(b) Is in the classified service of the State.
(Added to NRS by 1991, 2311)
1. Except as otherwise provided in subsection 2, the Ombudsman for Aging Persons shall provide assistance to persons who are 60 years of age or older and do not reside in facilities for long-term care. The assistance must include at least the:
(a) Coordination of resources and services available to aging persons within their respective communities, including the services provided through the program established pursuant to NRS 427A.250;
(b) Dissemination of information to aging persons on issues of national and local interest, including information regarding the services of the Ombudsman and the existence of groups of aging persons with similar interests and concerns;
(c) Publication of a guide for use in each county of this state regarding the resources and services available for aging persons in the respective county; and
(d) Advocation of issues relating to aging persons.
2. Upon request by the Administrator, the Ombudsman for Aging Persons shall temporarily perform the duties of advocates for residents of facilities for long-term care specified in NRS 427A.125 to 427A.165, inclusive.
(Added to NRS by 1991, 2311; A 1993, 115)
NEVADA SILVER HAIRED LEGISLATIVE FORUM
NRS 427A.320 Creation. The Nevada Silver Haired Legislative Forum is hereby created to identify and act upon issues of importance to aging persons.
(Added to NRS by 1997, 2724; A 2001, 3026)
NRS 427A.330 Nomination, appointment and terms of members.
1. The Legislative Commission shall appoint to the Nevada Silver Haired Legislative Forum a number of members equal to the number of State Senators. The persons appointed to the Forum must be the persons nominated pursuant to this section. Each member of the Senate shall, after consulting with the members of the Assembly who reside within his senatorial district, nominate a person who meets the requirements for appointment to the Forum set forth in NRS 427A.340.
2. Appointments to the Nevada Silver Haired Legislative Forum must be made by the Legislative Commission before December 31 of the second year of a member’s term. After the initial terms, each member of the Forum serves a term of 2 years. Each member of the Forum continues to serve until his successor is appointed.
(Added to NRS by 1997, 2724; A 2001, 3026; 2007, 3308)
NRS 427A.340 Qualifications of members. A member of the Nevada Silver Haired Legislative Forum must:
1. Have been a resident of this state for 5 years immediately preceding his appointment;
2. Have been a registered voter in the senatorial district of the Senator who nominated him for 3 years immediately preceding his appointment; and
3. Be at least 60 years of age on the day that he is appointed.
(Added to NRS by 1997, 2724; A 2001, 3027)
NRS 427A.350 Ex officio membership of National Silver Haired Congress. Members of the National Silver Haired Congress from this State shall serve as ex officio members of the Nevada Silver Haired Legislative Forum. If a member of the National Silver Haired Congress ceases to be a member of the National Silver Haired Congress, the ex officio membership of that person in the Nevada Silver Haired Legislative Forum terminates. An ex officio member of the Nevada Silver Haired Legislative Forum has the same rights and responsibilities as the members who are appointed.
(Added to NRS by 1997, 2724)
NRS 427A.360 Vacancies in membership.
1. A position in the Nevada Silver Haired Legislative Forum becomes vacant upon:
(a) The death or resignation of a member.
(b) The illness of a member that prevents him from attending three consecutive meetings of the Nevada Silver Haired Legislative Forum, unless excused by the President.
(c) The absence of a member for any reason from three consecutive meetings of the Nevada Silver Haired Legislative Forum, unless excused by the President.
2. If a vacancy occurs, the Legislative Commission shall appoint a person to serve the remainder of the unexpired term. The Legislative Commission may appoint a person whose membership in the National Silver Haired Congress has ended to fill a vacancy in the Nevada Silver Haired Legislative Forum.
3. As used in this section, “President” means the person elected to serve as President of the Nevada Silver Haired Legislative Forum pursuant to NRS 427A.370.
(Added to NRS by 1997, 2725; A 2001, 3027; 2005, 460)
NRS 427A.370 Election, terms and duties of officers; assistance from Legislative Counsel Bureau.
1. The Nevada Silver Haired Legislative Forum shall elect from among its members, to serve a term of 1 year beginning on July 1 of each year:
(a) A President, who shall conduct meetings and oversee the formation of committees as necessary to accomplish the purposes of the Nevada Silver Haired Legislative Forum.
(b) A Vice President, who shall assist the President and conduct meetings of the Nevada Silver Haired Legislative Forum if the President is absent or otherwise unable to perform his duties.
(c) A Secretary, who shall:
(1) Prepare and keep a record of meetings, including, without limitation, the date, time, place and purpose of every meeting; and
(2) At the first meeting of the Nevada Silver Haired Legislative Forum on or after July 1 of each year, prepare a list of the dates of the meetings that are scheduled for the year.
(d) A Treasurer, who shall, with the assistance of the Director of the Legislative Counsel Bureau, administer any account established pursuant to NRS 427A.395.
2. The Director of the Legislative Counsel Bureau shall provide such persons as are necessary to assist the Nevada Silver Haired Legislative Forum in carrying out its duties.
(Added to NRS by 1997, 2725; A 2001, 3027; 2005, 460)
NRS 427A.380 Public hearings; meetings; formation of committees; compliance with Open Meeting Law.
1. The Nevada Silver Haired Legislative Forum may, within the limits of legislative appropriations and any gifts, grants or donations received by the Forum:
(a) During the period in which the Legislature is not in a regular session, hold three or more public hearings in this State.
(b) During the period in which the Legislature is in a regular session, meet as often as necessary to conduct the business of the Forum.
(c) Form committees, which may meet as often as necessary to conduct the business of the Forum.
2. The Nevada Silver Haired Legislative Forum and its committees shall comply with the provisions of chapter 241 of NRS.
(Added to NRS by 1997, 2725; A 2001, 3028; 2003, 647; 2005, 461)
NRS 427A.390 Powers. The Nevada Silver Haired Legislative Forum may:
1. Submit a report containing recommendations for legislative action to the Legislative Commission and the Governor before September 1 of each even-numbered year.
2. Accept gifts, grants and donations that must be deposited in an account established pursuant to NRS 427A.395.
3. Adopt procedures to conduct meetings of the Nevada Silver Haired Legislative Forum and committees thereof. Those procedures may be changed upon approval of a majority vote of all members of the Nevada Silver Haired Legislative Forum who are present and voting.
(Added to NRS by 1997, 2725; A 2001, 3028; 2005, 461)
NRS 427A.395 Duties concerning money received and expenses incurred.
1. All money received by the Nevada Silver Haired Legislative Forum must be deposited in a bank, credit union or other financial institution in this state and paid out on its order for its expenses.
2. All expenses incurred by the Nevada Silver Haired Legislative Forum in carrying out the provisions of NRS 427A.320 to 427A.400, inclusive, must be paid from an account established pursuant to subsection 1.
(Added to NRS by 2001, 3026)
NRS 427A.400 Compensation of members. Within the limits of legislative appropriations, and any gifts, grants and donations, each member of the Nevada Silver Haired Legislative Forum is entitled to receive for attendance at a meeting of the Nevada Silver Haired Legislative Forum or a committee thereof the per diem allowance and travel expenses provided for state officers and employees generally.
(Added to NRS by 1997, 2726; A 2001, 3028)
PROPERTY TAX ASSISTANCE FOR SENIOR CITIZENS
NRS 427A.450 Legislative findings and declaration.
1. The Legislature finds that:
(a) Many senior citizens of this state live on limited incomes that remain fixed while property taxes and other costs continually rise.
(b) The erosion of the income of senior citizens in terms of true value threatens to destroy the ability of many to retain ownership of the homes in which they had planned to spend their later years.
(c) Senior citizens are often forced to divert an excessive portion of their incomes into the property taxes on their homes, thus leaving an insufficient amount of money for other things essential to their well-being.
(d) Many senior citizens who rent their homes or lots for mobile homes also pay an excessive portion of their income for property taxes through rental payments.
2. The Legislature therefore declares that:
(a) It is the public policy of this state to provide assistance to its senior citizens who are carrying an excessive burden of taxes or rent on residential property in relation to income.
(b) The purpose of the provisions of NRS 427A.450 to 427A.600, inclusive, is to provide relief to eligible senior citizens, through a system of refunds for property taxes or rent from the Senior Citizens’ Property Tax Assistance Account.
(Added to NRS by 2001, 2655)
NRS 427A.455 Definitions. As used in NRS 427A.450 to 427A.600, inclusive, unless the context otherwise requires, the words and terms defined in NRS 427A.460 to 427A.505, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 2655)
NRS 427A.460 “Claim” defined. “Claim” means an application for property tax assistance filed pursuant to NRS 427A.530.
(Added to NRS by 2001, 2655)
NRS 427A.465 “Claimant” defined. “Claimant” means a person who files a claim.
(Added to NRS by 2001, 2655)
1. “Home” means residential living quarters located in this State. The quarters may consist of a single dwelling unit, or a unit which is an integral part of a larger complex such as a multidwelling or a multipurpose building, together with the land upon which the unit is built and any surrounding land, not to exceed 2 acres, and any outbuildings and facilities reasonably necessary for use of the unit as residential living quarters.
2. The term includes:
(a) A mobile or manufactured home.
(b) A home, mobile or manufactured home or dwelling that the claimant and spouse of the claimant possess under a contract of sale, deed of trust, life estate, joint tenancy or tenancy in common.
(c) A residential facility for groups required to be licensed by the Health Division of the Department pursuant to NRS 449.001 to 449.240, inclusive.
(d) A dwelling within any housing project which has been established pursuant to chapter 315 of NRS and for which the housing authority makes payments in lieu of taxes.
3. The term does not include any part of the building or land which is not used as living quarters by the claimant and spouse and which produces income for the claimant or spouse, if the residential living quarters are part of a multipurpose building.
(Added to NRS by 2001, 2656; A 2005, 22nd Special Session, 38)
NRS 427A.475 “Household” defined. “Household” means a claimant and spouse.
(Added to NRS by 2001, 2656)
NRS 427A.480 “Household income” defined. “Household income” means the income received by a claimant and the spouse of the claimant.
(Added to NRS by 2001, 2656)
NRS 427A.485 “Income” defined. “Income” means adjusted gross income, as defined in the Internal Revenue Code, and includes:
1. Tax-free interest;
2. The untaxed portion of a pension, individual retirement account or annuity;
3. Railroad retirement benefits;
4. Veterans’ pensions and compensation;
5. Payments received pursuant to the federal Social Security Act, including supplemental security income, but excluding hospital and medical insurance benefits for persons who are aged or disabled;
6. Public welfare payments, including allowances for shelter;
7. Unemployment insurance benefits;
8. Payments for lost time;
9. Payments received from disability insurance;
10. Disability payments received pursuant to workers’ compensation insurance;
11. Alimony;
12. Support payments;
13. Allowances received by dependents of servicemen;
14. The amount of recognized capital gains and losses excluded from adjusted gross income;
15. Life insurance proceeds in excess of $5,000;
16. Bequests and inheritances; and
17. Gifts of cash of more than $300 not between household members and such other kinds of cash received by a household as the Division specifies by regulation.
(Added to NRS by 2001, 2656; A 2005, 22nd Special Session, 39)
NRS 427A.490 “Lot” defined. “Lot” means a portion of land that is rented to accommodate a mobile or manufactured home owned or rented by the claimant.
(Added to NRS by 2001, 2656)
NRS 427A.495 “Property taxes accrued” defined. “Property taxes accrued” means property taxes, excluding special assessments, delinquent taxes and interest, levied on a claimant’s home in this state which are due during August, immediately preceding the date of filing of a claim. If a home is owned by two or more persons or entities as joint tenants or tenants in common and one or more persons or entities are not members of the claimant’s household, property taxes accrued is that part of the property taxes levied on the home which reflects the percentage of the residential space occupied by the claimant and his household.
(Added to NRS by 2001, 2657)
NRS 427A.500 “Rent” defined. “Rent” means the payment a claimant has made under a bona fide tenancy or leasing agreement solely for the right to occupy a home or lot during the calendar year immediately preceding the filing of his claim. The term does not include any amount paid for utilities, fuel, furnishings, food, nursing services or institutional care.
(Added to NRS by 2001, 2657)
NRS 427A.505 “Senior citizen” defined. “Senior citizen” means any person who is domiciled in this State and will attain the age of 62 years on or before the last day in June immediately succeeding the filing period.
(Added to NRS by 2001, 2657)
NRS 427A.510 Determination of which member of household is claimant. For the purposes of NRS 427A.465, if two members of a household meet the qualifications for a claimant, the members may determine between themselves who will be the claimant. If they are unable to agree, the matter must be referred to the Administrator and his decision is final. Only one claim may be filed for any household.
(Added to NRS by 2001, 2657)
NRS 427A.515 Homeowner’s refund: Entitlement; limitation.
1. A senior citizen whose home is placed upon the secured or unsecured tax roll, who has owned the home and maintained it as his primary residence since July 1 immediately preceding the filing of his claim and whose household income is not more than $24,016, as adjusted pursuant to subsection 3, is entitled to a refund of the property tax accrued against his home, except as otherwise provided in subsection 2, as follows:
(a) If the amount of the applicant’s household income is at or below the federally designated level signifying poverty for a family unit of one or two, the applicant is entitled to a refund of 100 percent of the property taxes accrued.
(b) If the amount of the applicant’s household income is above the federally designated level signifying poverty for a family unit of one or two, the applicant is entitled to a refund of a percentage of the property taxes accrued based on a graduated schedule adopted by the Division.
2. The amount of the refund must not exceed the amount of the accrued property tax or $500, whichever is less.
3. The maximum allowable income to qualify for a refund set forth in subsection 1 must be adjusted for each fiscal year by adding to $24,016 the product of $24,016 multiplied by the percentage increase in the Consumer Price Index from December 2002 to the November preceding the fiscal year for which the adjustment is calculated.
(Added to NRS by 2001, 2657; A 2003, 2018)
NRS 427A.520 Renter’s refund: Entitlement; limitation.
1. A senior citizen who has rented and maintained his primary residence in a home or on a lot since July 1 of the preceding calendar year and whose household income is not more than $24,016, as adjusted pursuant to subsection 3 of NRS 427A.515, is entitled to a refund as determined in accordance with the provisions of subsection 1 of NRS 427A.515.
2. The amount of the refund provided pursuant to subsection 1 must not exceed an amount equal to that portion of the rent which is rent deemed to constitute accrued property tax, even if the rental property is exempt from property tax.
(Added to NRS by 2001, 2658; A 2003, 2019)
NRS 427A.522 Calculation of homeowner’s refund and renter’s refund. A senior citizen is entitled to a refund calculated pro rata pursuant to NRS 427A.515 and 427A.520, respectively, for the portion of the year that he owned and rented his primary residence if he has maintained his primary residence in Nevada since July 1 of the preceding calendar year and:
1. For any portion of that year, owned his home and would have otherwise been entitled to a refund pursuant to NRS 427A.515 if he has owned the home for the entire year; and
2. For all the remaining portion of that year, rented a home or lot for his primary residence and would have otherwise been entitled to a refund pursuant to NRS 427A.520 if he has rented the home for the entire year.
(Added to NRS by 2001, 1540; A 2003, 190, 191)
NRS 427A.525 Rent deemed to constitute accrued property tax. Rent deemed to constitute accrued property tax is 8.5 percent of the total annual rent which a claimant has paid.
(Added to NRS by 2001, 2658)
NRS 427A.530 Filing of claims with county assessor; processing of claim.
1. A claim may be filed with the assessor of the county in which the claimant’s home or mobile home lot is located not earlier than February 1 and not later than April 30.
2. The claim must be made under oath and filed in such form and content, and accompanied by such proof, as the Division may prescribe.
3. The Division or county assessor shall provide the appropriate form to each claimant.
4. The county assessor shall, within 30 days after receiving a claim for a refund:
(a) Process the application;
(b) Determine the assessed valuation of the property to which the claim applies, if applicable; and
(c) Submit the claim to the Division.
5. The Division shall not accept a claim submitted pursuant to subsection 4 after July 1, unless an extension of time to file a claim is provided for by regulation pursuant to NRS 427A.590.
(Added to NRS by 2001, 2658; A 2003, 2019)
NRS 427A.535 Action by Division on claim.
1. The Division shall examine each claim, granting or denying it, and if granted, shall determine the refund to which the claimant is entitled.
2. Upon examination, if:
(a) The claim is denied, the Division shall so notify the claimant by first-class mail.
(b) The claim is granted, the Division shall pay the refund to the claimant not later than August 15, unless the Administrator cannot provide for full refunds of all just claims pursuant to subsection 2 of NRS 427A.595. If the Administrator cannot provide for full refunds of all just claims, claims that are required to be reduced pursuant to that subsection must be paid not later than 30 business days after a meeting of the Interim Finance Committee at which those claims are considered.
(Added to NRS by 2001, 2658; A 2003, 2020)
NRS 427A.540 Disallowance of claim. No claim may be accepted by the Division if the:
1. Claimant or spouse of the claimant owns real property, other than that claimed as a home, which has an assessed value of more than $30,000;
2. Home of the claimant and spouse of the claimant has an assessed value of more than $200,000; or
3. Liquid assets of the claimant and spouse of the claimant are more than $150,000.
(Added to NRS by 2001, 2658; A 2003, 2020; 2005, 2670; 2005, 22nd Special Session, 39)
NRS 427A.545 Eligibility unaffected by receipt of other assistance if claim for exemption filed; assessed valuation reduced by amount of exemption.
1. A person may receive assistance pursuant to the provisions of NRS 427A.450 to 427A.600, inclusive, while receiving a property tax exemption as a surviving spouse, person who is blind or veteran if the person has filed a claim for the exemption with the county assessor.
2. The assessed valuation of any property used to determine a refund pursuant to the provisions of NRS 427A.450 to 427A.600, inclusive, must be reduced by the amount of such an exemption.
(Added to NRS by 2001, 2658; A 2003, 190)
NRS 427A.550 Division may expend money from Senior Citizens’ Property Tax Assistance Account for audit of claims processed by county assessor. If the Division determines that an audit of claims is required to determine whether a county assessor accurately processed claims and if employees of the Division are not capable of auditing a sufficient number of the claims, the Division may expend not more than $20,000 of the money in the Senior Citizens’ Property Tax Assistance Account to contract with qualified persons to assist in conducting the audit.
(Added to NRS by 2001, 2658)
NRS 427A.555 Multiple claims prohibited. Only one member of each household may file a claim in any tax year. If more than one member is eligible to claim a refund, any one of the eligible members may file the claim with the written consent of the others. If such consent is not obtainable, the claim may be filed only if criteria regulating such a circumstance have been prescribed by the Division.
(Added to NRS by 2001, 2659)
NRS 427A.560 Survival of right to assistance on death of claimant. The right to file a claim pursuant to the provisions of NRS 427A.450 to 427A.600, inclusive, is personal to the claimant and does not survive his death, except the right may be exercised on his behalf by his legal guardian or attorney-in-fact. If a claimant dies after having filed a timely claim, any assistance provided pursuant to the provisions of NRS 427A.450 to 427A.600, inclusive, inures to the benefit of his heirs or his executor or administrator, if one is appointed by a court of competent jurisdiction within 6 months after the claim is made. If no executor or administrator is so appointed, the claim and all benefits thereunder lapse.
(Added to NRS by 2001, 2659)
NRS 427A.565 Revocation of grant of assistance for improper claim; restitution. Any grant of assistance under an improper claim may be revoked by the county assessor or Division within 2 years after the filing of the claim. If a grant is revoked, the claimant shall make restitution to the State of Nevada or the county for any assistance he has received pursuant to the improper claim, and the State of Nevada or the county shall take all proper action to collect the amount of the assistance as a debt.
(Added to NRS by 2001, 2659)
NRS 427A.570 Claim to be disallowed and refund to be repaid with penalty if property acquired to obtain benefits. A claim must be disallowed if the Division finds that the claimant received title to his home primarily to obtain benefits pursuant to the provisions of NRS 427A.450 to 427A.600, inclusive. If such a claimant has received a refund and does not repay it together with a 10 percent penalty to the Division, the amount of the refund and penalty must be assessed against the property claimed as his home.
(Added to NRS by 2001, 2659; A 2003, 2020)
NRS 427A.575 Excessive or fraudulent claim; penalty. The Division shall deny any claim for assistance to which the claimant is not entitled or any amount in excess of that to which the claimant is entitled. The Division may deny in total any claim which is filed with fraudulent intent. If any such claim has been paid and is afterward denied, the amount of the claim together with a 10 percent penalty must be repaid by the claimant to the Division. If the amount of the refund and penalty is not repaid, the amount must be assessed against any real or personal property owned by the claimant.
(Added to NRS by 2001, 2659; A 2003, 2020)
NRS 427A.580 Penalty for false statement or use of fraudulent device. Any person who willfully makes a materially false statement or uses any other fraudulent device to secure for himself or any other person the assistance provided pursuant to the provisions of NRS 427A.450 to 427A.600, inclusive, is guilty of a gross misdemeanor.
(Added to NRS by 2001, 2659)
NRS 427A.585 Administrative and judicial review.
1. Any claimant aggrieved by a decision of the Division or a county assessor which denies the refund claimed pursuant to the provisions of NRS 427A.450 to 427A.600, inclusive, may have a review of the denial before the Administrator, or his designee, if, within 30 days after the claimant receives notice of the denial, he submits a written petition for review to the Administrator, or his designee.
2. Any claimant aggrieved by the denial in whole or in part of relief claimed pursuant to the provisions of NRS 427A.450 to 427A.600, inclusive, or by any other final action or review of the Administrator, or his designee, is entitled to judicial review thereof.
(Added to NRS by 2001, 2659; A 2003, 2020)
NRS 427A.590 Administration by Division; regulations.
1. The Division is responsible for the administration of the provisions of NRS 427A.450 to 427A.600, inclusive.
2. The Division may:
(a) Specify by regulation any other kind of income for the purposes of NRS 427A.485.
(b) Prescribe the content and form of claims and approve any form used by a county assessor.
(c) Designate the proof required for substantiation of claims.
(d) Establish criteria for determining the circumstances under which a claim may be filed by one of two eligible spouses without the consent of the other spouse.
(e) Prescribe that a claimant’s ownership of his home must be shown of record.
(f) Provide by regulation that a vendee in possession of his home under an installment sale contract and responsible for paying the property taxes on the home is eligible to claim assistance as a homeowner.
(g) Limit the computation of benefits to the nearest dollar and limit issuance of warrants to $5 or more.
(h) Verify and audit any claims, statements or other records made pursuant to the provisions of NRS 427A.450 to 427A.600, inclusive.
(i) Adopt regulations to ensure the confidentiality of information provided by claimants.
(j) Provide by regulation for a limited extension of time to file a claim in cases of hardship.
(k) Adopt such other regulations as may be required to carry out the provisions of NRS 427A.450 to 427A.600, inclusive.
(Added to NRS by 2001, 2659)
NRS 427A.595 Senior Citizens’ Property Tax Assistance Account: Purposes; use.
1. Money to pay for assistance granted to senior citizens pursuant to the provisions of NRS 427A.450 to 427A.600, inclusive, must be provided by legislative appropriation from the State General Fund. The money so appropriated must be transferred to the Senior Citizens’ Property Tax Assistance Account in the State General Fund.
2. The Administrator may, from time to time, obtain from the State Controller a statement of the balance in the Senior Citizens’ Property Tax Assistance Account. The Administrator shall provide for full refunds of all just claims if the total amount of the claims does not exceed the balance in the Account. If the total amount of the claims exceeds that balance, the Administrator shall proportionately reduce each claim paid pursuant to paragraph (b) of subsection 1 of NRS 427A.515.
3. Money for the administration of the provisions of NRS 427A.450 to 427A.600, inclusive, must be provided by legislative appropriation to the Senior Citizens’ Property Tax Assistance Account. From this Account, the sum of $4 must be allowed for each claim which is received by the county assessor and submitted to the Division.
4. All claims against the Senior Citizens’ Property Tax Assistance Account must be certified by the Administrator or a person designated by the Administrator and, if certified and approved by the State Board of Examiners, the State Controller shall draw his warrant against the Account.
5. Any money remaining in the Senior Citizens’ Property Tax Assistance Account at the end of the fiscal year must remain in the Account and is available for use in the following fiscal year.
(Added to NRS by 2001, 2660; A 2003, 2021)
NRS 427A.600 Disclosure of personal or confidential information prohibited. Except as otherwise provided by specific statute, no person may publish, disclose or use any personal or confidential information contained in a claim except for purposes connected with the administration of the provisions of NRS 427A.450 to 427A.600, inclusive.
(Added to NRS by 2001, 2660)