Existing state and federal law authorize a provider of jobs and day training services to enter into a contract or other arrangement with an employer to provide for the employment of a person with an intellectual disability or person with a developmental disability for less than the state minimum wage if: (1) the person was employed on July 22, 2016, and the employer holds a federal certification authorizing the employer to pay less than the state minimum wage; or (2) before the person began employment, the person received certain employment-related services and applied for federal vocational rehabilitation services. (29 U.S.C. § 794g; NRS 435.305) Existing federal law authorizes an employer to request a special certificate to employ a person impaired by age, physical or mental deficiency or injury at wages less than minimum wage. (29 U.S.C. § 214(c)) Section 8 of this bill prohibits a provider of jobs and day training services from entering into a contract that provides for a recipient of jobs and day training services to receive a wage that is less than the state minimum wage on or after January 1, 2025. Sections 6 and 7 of this bill make conforming changes to remove references to such contracts. Sections 9, 13 and 14 of this bill prohibit the payment of a wage that is less than the state minimum wage to a recipient of jobs and day training services on or after January 1, 2028. Section 12 of this bill prohibits a person from employing a person under a special certificate at less than minimum wage on or after that date. Section 3 of this bill requires a provider of jobs and day training services that holds a special certificate to annually submit to the Aging and Disability Services Division of the Department of Health and Human Services for approval a plan to: (1) transition the recipient earning less than the state minimum wage to earning at least the state minimum wage by January 1, 2028, or in obtaining competitive integrated employment, supported employment or community activities related to the goals of the person; and (2) assist the recipient in participating in unpaid activities that are not related to employment. Section 3 requires the plan submitted by a provider of jobs and day training services to be accompanied by a report that includes certain benchmarks showing the progress the provider is making toward transitioning a recipient of jobs and day training services who is earning less than the state minimum wage to earning at least the state minimum wage. Section 4 of this bill: (1) authorizes a person with a disability who is earning less than the state minimum wage to choose a person to advocate on his or her behalf at any meeting concerning employment with his or her employer or a member of the staff of a provider of jobs and day training services; and (2) requires the Division, upon the request of such a person, to assist the person in finding such an advocate. Section 2 of this bill defines the term “competitive integrated employment” and sections 5, 8 and 9 of this bill make conforming changes to indicate the proper placement of sections 2-4 in the Nevada Revised Statutes. Federal law authorizes states to receive federal financial participation to support the provision of certain home and community-based services, including habilitation services, for recipients of Medicaid who are elderly or disabled. (42 U.S.C. § 1396n(i)) Existing law requires the Department to apply to the Secretary of Health and Human Services for a waiver that provides such federal authorization. (NRS 422.396) Section 11 of this bill requires the Department to amend its waiver to: (1) include as medical assistance under Medicaid certain habilitation services that are designed to provide persons assistance in pursuing competitive integrated employment; and (2) authorize the compensation of a recipient of Medicaid who is receiving prevocational services at a rate equal to or greater than the state minimum wage. Section 11 also requires the Department to adopt necessary regulations to carry out the provisions of section 11. Section 10 of this bill makes a conforming change to indicate the proper placement of section 11 in the Nevada Revised Statutes. Section 12.5 of this bill makes an appropriation to and authorizes certain expenditures by the Aging and Disability Services Division of the Department of Health and Human Services for certain Medicaid benefit counseling services to assist persons with an intellectual disability or persons with a developmental disability.

Statutes affected:
As Introduced: 435.140, 435.220, 435.225, 435.305, 435.310, 232.320, 608.250
Reprint 1: 435.140, 435.220, 435.225, 435.305, 435.310, 232.320, 608.250
Reprint 2: 435.140, 435.220, 435.225, 435.305, 435.310, 232.320, 608.250
As Enrolled: 435.140, 435.220, 435.225, 435.305, 435.310, 232.320, 608.250
BDR: 435.140, 435.220, 435.225, 435.305, 435.310, 232.320, 608.250