Existing federal regulations require a state to ensure that providers of home and community-based services in a provider-owned or controlled residential setting, which includes a residential facility for groups, provide protections from eviction for residents that are comparable to protections provided under state landlord tenant law. (42 C.F.R. § 441.530(a)(1)(vi)(A)) Existing law defines a “residential facility for groups” as an establishment that furnishes food, overnight shelter, assistance and limited supervision to persons with an intellectual or physical disability or persons who are aged or infirm. (NRS 449.017) At least 30 days before involuntarily discharging a resident of a residential facility for groups, existing law requires the residential facility for groups to provide the resident and the State Long-Term Care Ombudsman with written notice of the intent to discharge the resident. Existing law also requires a residential facility for groups to allow the resident and any person authorized by the resident to meet in person with the administrator of the facility to discuss the proposed discharge within 10 days after providing written notice of the proposed discharge. (NRS 449A.114) Sections 2-7 of this bill define certain terms relating to residential facilities for groups. Section 8 of this bill prohibits the owner, agent or employee of a residential facility for groups or a provider of health care from acting as the representative of a resident in matters concerning the involuntary discharge of the resident, unless the person is related to the resident. Section 9 of this bill requires a contract between a resident and a residential facility for groups for the delivery of services to include certain information. Section 10 of this bill prohibits the transfer or involuntary discharge of a resident from a residential facility for groups except: (1) for certain reasons relating to the condition of the resident and the ability of the facility to meet his or her needs; (2) if the health or safety of the resident or another resident is endangered; (3) for a failure to pay contracted charges; or (4) if the facility ceases to operate. Section 10 requires a residential facility for groups to: (1) provide certain additional notice before involuntarily discharging a resident for failure to pay contracted charges; and (2) attempt to resolve any issues that might result in the involuntary discharge of a resident before discharging the resident. Section 11 of this bill prescribes the required contents of a written notice of intent to discharge a resident. Section 11 also requires a residential facility for groups to provide a resident or a representative of the resident with written notice of the location of a proposed discharge not later than 10 days after providing notice of the proposed discharge. Section 12 of this bill requires a residential facility for groups to provide certain assistance concerning the discharge and relocation of a resident. Except in an emergency, section 12 also requires a residential facility for groups to involve a resident and his or her representative in planning for the discharge of the resident and allow the resident or his or her representative to choose among available alternative placements. Section 12 requires any emergency placement to be temporary and prohibits a residential facility for groups from requiring a resident to remain in any placement. Sections 1 and 19 of this bill authorize the imposition of disciplinary action against a residential facility for groups that violates the provisions of sections 4-12 of this bill and certain provisions of existing law concerning the rights of residents or the administrator of such a facility who aids or abets in such a violation. Section 12 provides that a residential facility for groups is not subject to disciplinary action for an emergency transfer or discharge under certain circumstances. Section 15 of this bill makes a conforming change to indicate the proper placement of section 3 of this bill in the Nevada Revised Statutes. Section 16 of this bill makes conforming changes to revise certain terminology. Section 18 of this bill authorizes the State Long-Term Care Ombudsman to offer assistance to a residential facility for groups, a resident and his or her representative in planning for the discharge and relocation of the resident from the facility.

Statutes affected:
As Introduced: 449.160, 449A.001, 449A.114, 239.010, 427A.125, 654.190
Reprint 1: 449.160, 449A.001, 449A.114, 427A.125, 654.190
As Enrolled: 449.160, 449A.001, 449A.114, 427A.125, 654.190
BDR: 449.160, 449A.001, 449A.114, 239.010, 427A.125, 654.190