Nevada § 422.3969 - Rights of person receiving home and community-based services

§ 422.3969. Rights of person receiving home and community-based services

1. This section may be cited as the Bill of Rights for Persons with Intellectual,

Developmental or Physical Disabilities or who are Aged. 2. Except as otherwise specifically provided by law, each person with an intellectual

disability, developmental disability or physical disability who is receiving services

pursuant to a home and community-based services waiver granted pursuant to 42 U.S.C. § 1396n , and each person who is aged and is receiving such services, has, to the extent applicable

to the services received by the person and appropriate for the person pursuant to

the home and community-based services waiver, the right to: (a) Participate in decisions that affect the life of the person, including, without

limitation, decisions relating to: (1) The finances and personal property of the person; (2) The location where the person resides; and (3) The development and implementation of any plan for delivering services and the

frequency with which services are delivered pursuant to the home and community-based

services waiver. (b) Be treated with respect and dignity. (c) An appropriate, safe and sanitary living environment that complies with all local,

state and federal standards and recognizes the needs of the person for privacy and

independence. (d) Food that is adequate to meet the nutritional needs of the person. (e) Practice the religion of his or her choice or abstain from the practice of any

religion. (f) Receive timely, effective and appropriate health care. (g) Receive ancillary services, to the extent necessary for the person. (h) Maintain privacy and confidentiality in personal matters. (i) Communicate freely with persons of his or her choice and in any reasonable manner

he or she chooses. (j) Own and use personal property. (k) Have social interactions with persons of any sex or gender identity or expression. (l) Pursue vocational opportunities to promote and enhance the economic independence

of the person. (m) Be treated as an equal citizen under the law. (n) Be free from emotional, psychological, physical and financial abuse. (o) Participate in appropriate programs of education, training, social development,

habilitation and reasonable recreation, including, without limitation, a class at

or other program administered by a university, college, community college or trade

school. (p) Select a parent, family member, advocate, employee of this State or other person

to act on his or her behalf, including, without limitation, by entering into a supported

decision-making agreement pursuant to NRS 162C.200 . (q) Manage his or her own personal finances. (r) Have his or her personal and medical records kept confidential to the extent provided

by state and federal law. (s) Voice grievances and suggest changes in policies, services and providers of services

without restraint, interference, coercion, discrimination or reprisal. (t) Be free from unnecessary chemical, physical or mechanical restraints. (u) Participate in the political process. (v) Refuse to participate in any medical, psychological or other research or experiment. 3. The rights set forth in subsection 2 do not abrogate any remedies provided by law. 4. As used in this section: (a) “ Developmental disability ” has the meaning ascribed to it in NRS 435.007 . (b) “ Intellectual disability ” has the meaning ascribed to it in NRS 435.007 .