Nevada § 422.3965 - Application for federal waiver authorizing inclusion under Medicaid of structured family caregiving for persons suffering from dementia; regulations

§ 422.3965. Application for federal waiver authorizing inclusion under Medicaid of structured family caregiving for persons suffering from dementia; regulations

1. The Department shall apply to the Secretary of Health and Human Services for a

home and community-based services waiver granted pursuant to 42 U.S.C. § 1396n(c) . The waiver must authorize the Department to include structured family caregiving

for persons suffering from dementia as medical assistance under Medicaid. 2. The waiver must: (a) Authorize an applicant for or a recipient of Medicaid suffering from dementia

to choose any: (1) Person, including, without limitation, a spouse or a person who is legally responsible

for the recipient, to serve as his or her caregiver; and (2) Appropriate residence in which to receive structured family caregiving; (b) Require a caregiver chosen by a recipient of Medicaid pursuant to paragraph (a),

including, without limitation, a caregiver chosen by an applicant whose application

is approved, to be or become an employee of an agency to provide personal care services

in the home or an intermediary service organization; (c) Establish a per diem rate to be paid to an agency to provide personal care services

in the home or an intermediary service organization that employs a caregiver pursuant

to paragraph (b); (d) Require an agency to provide personal care services in the home or intermediary

service organization that employs a caregiver pursuant to paragraph (b) to provide

to the caregiver a daily stipend that is at least 65 percent of the per diem rate

paid to the agency to provide personal care services in the home or intermediary service

organization; and (e) Require a caregiver chosen by a recipient of Medicaid pursuant to paragraph (a),

including, without limitation, a caregiver chosen by an applicant whose application

is approved, to complete any training the Aging and Disability Services Division of

the Department determines to be necessary for the caregiver to provide adequate care

to the recipient. 3. The Department shall: (a) Cooperate with the Federal Government in obtaining a waiver pursuant to this section; (b) If the Federal Government approves the waiver, adopt regulations necessary to

carry out the provisions of this section, including, without limitation, the criteria

to be used in determining eligibility for an applicant for or a recipient of Medicaid

suffering from dementia to receive structured family caregiving pursuant to this section;

and (c) Implement the amendments to the waiver only to the extent that the amendments

are approved by the Federal Government. 4. As used in this section: (a) “ Agency to provide personal care services in the home ” has the meaning ascribed to it in NRS 449.0021 . (b) “ Intermediary service organization ” has the meaning ascribed to it in NRS 449.4304 . (c) “ Structured family caregiving ” means the provision of services to a person who resides in the same residence as

the caregiver on a full-time basis. The services provided may include, without limitation: (1) Case management services; (2) Personal care services; (3) Personal assistance; (4) Homemaker services; and (5) Health-related services, including, without limitation, home health aide services.