Nevada § 422.396 - Establishment and administration of program to provide community-based services; application for federal waiver or amendment to State Plan for Medicaid; contracting for services; adoption of regulations

§ 422.396. Establishment and administration of program to provide community-based services; application for federal waiver or amendment to 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) or apply for an amendment to the State Plan for Medicaid that authorizes the Department

to include as medical assistance under Medicaid 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. The Department shall cooperate with the Federal Government in obtaining a waiver or

amendment 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.