NAC427A.725. Eligibility for financial assistance; provision of care by Division.

     1. To be eligible for financial assistance pursuant to NAC 427A.675 to 427A.789, inclusive, a person must:

     (a) Be a resident of the State;

     (b) Be diagnosed as a person with a physical disability by a licensed physician;

     (c) Require assistance as determined pursuant to subsection 1 of NAC 427A.730;

     (d) Use all other resources in the community that provide essential personal care or financial assistance for essential personal care before requesting financial assistance pursuant to NAC 427A.675 to 427A.789, inclusive;

     (e) Except as otherwise provided in subsection 2, require not more than 35 hours of essential personal care each week from this program to live independently;

     (f) Be capable of supervising the attendant who provides the care, except that in extraordinary circumstances the Division may designate a responsible person to supervise the attendant on behalf of the otherwise eligible person;

     (g) Be capable of participating in a plan for independent living; and

     (h) Be financially eligible pursuant to the provisions of NAC 427A.765.

     2. Except as otherwise provided in this subsection, the Division may provide not more than 35 hours of essential personal care each week to a recipient. In addition, the Division may, based upon its budget and its determination of need:

     (a) If a portion of the 35 hours or less of essential personal care that was allocated to a recipient for a week is not used by that recipient in that week, provide temporary:

          (1) Emergency care to another recipient if his or her disability is exacerbated or he or she has a short-term illness that is not related to the disability.

          (2) Respite care to relieve a family member who provides care for a person on the waiting list of persons eligible to receive financial assistance pursuant to subsection 1 that is maintained by the Division.

     (b) Provide 120 hours or less per year of respite care to relieve a family member who provides care for a recipient.

     3. The provisions of this section do not prohibit the Division from providing 35 hours or less of essential personal care each week for a person who is also receiving services from another program.

     (Added to NAC by Dep’t of Health & Human Services by R005-06, eff. 5-4-2006; A by Aging & Disability Services Div. by R024-10, 7-22-2010; R016-12, 9-14-2012)—(Substituted in revision for NAC 426.725)