Nevada Revised Statutes 435.085 – Transfer of person from division facility to hospital; payment of expenses
The administrative officer of a division facility may authorize the transfer of a person with an intellectual disability or a person with a developmental disability to a hospital for necessary diagnostic, medical or surgical services not available within the Division. All expenses incurred under this section must be paid as follows:
Terms Used In Nevada Revised Statutes 435.085
- Administrative officer: means a person with overall executive and administrative responsibility for those state or nonstate intellectual and developmental disability centers designated by the Administrator. See Nevada Revised Statutes 435.007
- Administrator: means the Administrator of the Division. See Nevada Revised Statutes 435.007
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Developmental disability: means autism, cerebral palsy, epilepsy or any other neurological condition diagnosed by a qualified professional that:
(a) Is manifested before the person affected attains the age of 22 years;
(b) Is likely to continue indefinitely;
(c) Results in substantial functional limitations, as measured by a qualified professional, in three or more of the following areas of major life activity:
(1) Taking care of oneself;
(2) Understanding and use of language;
(3) Learning;
(4) Mobility;
(5) Self-direction; and
(6) Capacity for independent living; and
(d) Results in the person affected requiring a combination of individually planned and coordinated services, support or other assistance that is lifelong or has an extended duration. See Nevada Revised Statutes 435.007
- Division: means the Aging and Disability Services Division of the Department. See Nevada Revised Statutes 435.007
- Division facility: means any unit or subunit operated by the Division for the care, treatment and training of consumers. See Nevada Revised Statutes 435.007
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Intellectual disability: means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. See Nevada Revised Statutes 435.007
- Person: includes a child and any other consumer with an intellectual disability and a child or any other consumer with a developmental disability who has attained the age of 18 years. See Nevada Revised Statutes 435.007
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
1. In the case of a person with an intellectual disability or person with a developmental disability who is judicially committed, the expenses must be paid by the person’s parents or guardian to the extent of their reasonable financial ability as determined by the Administrator, and the remainder, if any, is a charge upon the county of the last known residence of the person with an intellectual disability or the person with a developmental disability;
2. In the case of a person with an intellectual disability or a person with a developmental disability admitted to a division facility pursuant to NRS 435.010, 435.020 and 435.030, the expenses are a charge upon the county from which a certificate was issued pursuant to subsection 2 of NRS 435.030; and
3. In the case of a person with an intellectual disability or a person with a developmental disability admitted to a division facility upon voluntary application as provided in NRS 435.081, the expenses must be paid by the parents or guardian to the extent of their reasonable financial ability as determined by the Administrator, and for the remainder, if any, the Administrator shall explore all reasonable alternative sources of payment.