Existing law creates the Office of Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition within the Aging and Disability Services Division of the Department of Health and Human Services. (NRS 427A.123) Existing law also requires: (1) the Governor to appoint the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition; and (2) the Attorney to provide advocacy, training and technical assistance relating to the legal rights of older persons and persons with a physical disability, an intellectual disability or a related condition. (NRS 427A.1232, 427A.1234) Existing law also provides for and regulates services for persons with intellectual disabilities and developmental disabilities. (Chapter 435 of NRS) Sections 1, 5 and 6 of this bill substitute the term “person with a developmental disability” for the term “person with a related condition” in provisions relating to the Attorney. Section 2 of this bill defines the term “person with an intellectual disability,” as used in provisions relating to the Attorney, to mean a person with an intellectual disability, as the term “intellectual disability” is currently defined in existing law governing services for persons with intellectual disabilities and developmental disabilities. (NRS 435.007) Sections 1, 2, 5 and 6 thereby ensure that those categories of persons served by the Attorney are the same categories of persons who receive services for persons with intellectual disabilities and developmental disabilities. Sections 3, 4, 6 and 7 of this bill accordingly revise the title of the Attorney to “Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Developmental Disability.” Existing law authorizes the Division to establish by regulation a program to facilitate the transition of older persons and persons with physical disabilities, persons with intellectual disabilities and persons with related conditions from a hospital to their places of residence. (NRS 427A.290) Section 8 of this bill: (1) substitutes the term “developmental disability” for “related condition”; and (2) provides that the term “intellectual disability” has the same definition as in provisions governing services for persons with intellectual disabilities and developmental disabilities. Section 8 thereby ensures that those categories of persons eligible for assistance through the program are the same as the categories of persons who receive services for persons with intellectual disabilities and developmental disabilities.

Statutes affected:
As Introduced: 427A.1224, 427A.1226, 427A.123, 427A.1232, 427A.1234, 427A.1236, 427A.175, 427A.290