Nev. Admin. Code § 435.400

Current through December 12, 2024

Section 435.400 - Qualifications of person with mental retardation

1. A parent or other relative of a person with an intellectual disability or developmental disability is eligible for assistance pursuant to NAC 435.400 to 435.430, inclusive, and section 2 if the person with an intellectual disability or developmental disability:

(a) Has a profound or severe intellectual disability or a profound or severe developmental disability or is under 6 years of age and has developmental delays requiring support equivalent to the support required by a person with a profound or severe intellectual disability or a profound or severe developmental disability; and

(b) Meets the financial requirements for fee reduction established by the Division pursuant to NRS 435.115.

2. The Division will consider the person to have a profound or severe intellectual disability or a profound or severe developmental disability within the meaning of NRS 435.365 if:

(a) A psychological examiner diagnoses the person as having a profound or severe intellectual disability or a profound or severe developmental disability based on the results obtained by generally accepted methods for assessing the intellectual capability and coping or adaptive skills of the person; or

(b) The person is under 6 years of age and a multidisciplinary team identifies him or her as having developmental delays that require support that is equivalent to the support required by a person with a profound or severe intellectual disability or a profound or severe developmental disability.

3. The diagnosis required by subsection 2 must be made in accordance with the criteria set forth in the publications adopted by reference in section 2.

4. As used in this section:

(a) "Multidisciplinary team" means a psychological examiner and one or more other persons, including a parent, legal guardian, clinician, educator, physician, social worker, therapist, case manager or nurse of a person with an intellectual disability or developmental disability, who, because of personal or specialized knowledge, are qualified to provide or interpret information relating to the person's cognitive, physical, psychological, language, speech and social development or self-help skills.

(b) "Psychological examiner" means a psychologist who is licensed in this State or any other person who, because of specialized training and knowledge, including any training and knowledge required to assess the intellectual or developmental capabilities or an impairment of the adaptive behavior of a person, is qualified to diagnose a person as having:

(1) A profound or severe intellectual disability;

(2) A profound or severe developmental disability; or

(3) Developmental delays that require support that is equivalent to the support required by a person with a profound or severe intellectual disability or a profound or severe developmental disability.

Nev. Admin. Code § 435.400

[Men. Hygiene & Men. Retardation Div., Financial Assistance §1, eff. 8-21-81]-(NAC A by R130-97, 12-12-97); A by R026-24A, eff. 8/13/2024

NRS 435.365