Section 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 regulations1. 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: (c) Residential habilitation;(d) Environmental modifications;(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.Added to NRS by 1997, 2659; A 2003, 2622; 2013, 1622; 2023, 2995Amended by 2023, Ch. 489,§2.5, eff. 1/1/2024.Added to NRS by 1997, 2659; A 2003, 2622