AB 31 — Revises provisions relating to the Specialist for the Rights of Elderly Persons and the Community Advocate for Elder Rights. (BDR 38-130)

A.B.Assembly Bill No.

3131–Committee Aon SSEMBLYHealth BILLand NOHuman .Services CHAPTER..........

31–COMMITTEE ON H EALTH AND HUMAN S ERVICES (O NB EHALF OF THE A GING AND DISABILITY SERVICES DIVISION OF THE DEPARTMENT OF HEALTH AND H UMAN SERVICES ) P REFILED N OVEMBER 16, 2016 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to the Specialist for the Rights of Elderly Persons and the Community Advocate for Elder Rights.

(BDR 38-130) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(NRS 427A.123, 427A.1232) Section 8 of this bill forchanges the Rightsname of Olderthe PersonsSpecialist andfor Personsthe withRights aof PhysicalElderly Disability,Persons aneto the Attorney Intellectual Disability or a Related Condition.

Section 3 of this bill defines the term “person with a physical disability.” Section 4 of this bill defines the term “person with a related condition.” Section 5 of this bill defines the term “person with an intellectual disability.” Finally, section 6 of this bill redefines the term “elderly person” as an “older person.” Section 9 of this bill expands the scope of the powers and duties of the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition to include:

(1) services to older persons, persons with a physical disability, persons with an intellectual disability and persons with a related condition;

and (2) acting as the State legal assistanceassistancety developer for the purposes of satisfying certain requirements of federal law.

- *AB31* – 2 – Existing law establishes the Office of the Community Advocate for Elder Rights within the Aging and Disability Services Division of the Department of Health and Human Services and requires the Administrator of that Division to appoint the Community Advocate for Elder Rights.

(NRS 427A.300) UndersionUnder to existing law, the Community Advocate for Elder Rights is required to provide assistance to persons who are 60 years of age or older and do not reside in facilities for long-term care.

(NRS 427A.310) Section 12 of this bill authorizes thethein facilities Administrator to direct the Community Advocate for Elder Rights to provide facilitiesassistance forto long-termpersons care.lesswho are less than 60 years of age and do not reside in THEfacilities PEOPLEfor OFlong-term THEcare. STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

As used in NRS 427A.122 to 427A.1236, inclusive, and sections 2 to 5, inclusive, of this act, unless the context - 79th Session (2017) – 2 – otherwise requires, the words and terms defined in NRS 427A.122 and sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

“Person with a physical disability” means a person of any age with a physical disability that substantially limits the person’s ability to participate and contribute independently in the community in which he or she lives.

Is manifested before the person affected attains the age of 22 years;

and - *AB31* – 3 – (f) Capacity for independent living.

person of any age with significantly subaverage generaleans a intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

5.

“Person with an intellectual disability” means a person of any age with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.

Sec.

- 79th Session (2017) – 3 – Sec.

The Governor shall appoint the [Specialist] Attorney for the Rights of [Elderly] Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related ConditionCon(a) forMust abe terman ofattorney 4licensed years.to practice law in this State;

The person appointed:

(a) Must be an attorney licensed to practice law in this State;

(b) Provide, upon request, technical assistance, training and other support relating to the legal rights of [elderly] older persons , persons with a physical disability, persons with an intellectual disabilitydisabi(1) orAn personsattorney withwho ais relatedproviding condition,legal asservices appropriate,for ante, to:

- *AB31* – 4 – (1) An attorney who is providing legal services for an [elderly] older person [;] , a person with a physical disability, a person with an intellectual disability or a person with a related condition;

(c) Review existing and proposed policies, legislation and regulations that affect [elderly] older persons , persons with a - 79th Session (2017) – 4 – physical disability, persons with an intellectual disability or persons with a related condition and make recommendations as appropriate to the Administrator.

(d) Review and analyze information relating to the nature and extent of abuse, neglect, exploitation, isolation and abandonment of [elderly] older persons , persons with a physical disability, persons with an intellectual disability or persons with a related condition to identify services that need to be provided, including, without limitation:

(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, isolation or abandonment of an [elderly] older person [.] , a person with a physical disability, a person with an int(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, isolation or abandonment of an [elderly] older person [.] , a person with a physical disability, a person with an intellectual disability or a person with a related condition.

(b) Have access to all written records in the possession of any person, government, governmental agency or political subdivision - *AB31* – 5 – of a government that relate to the abuse, neglect, exploitation, isolation or abandonment of an [elderly] older person [.] , a person with a physical disability, a person with an intellectual disability or a person with a related condition.

(d) Use the information obtained pursuant to paragraphs (a) and (b) to resolve complaints relating to the abuse, neglect, exploitation, isolation or abandonment of an [elderly] older person [.] , a person - 79th Session (2017) – 5 – with a physical disability, a person with an intellectual disability or a person with a related condition.

(e) Develop services relating to financial management for an [elderly] older person , a person with a physical disability, a person with an intellectual disability or a person with a related condition who is at risk of having a guardian [or conservator] appointed by aan court to manage his or her property.