Nevada Revised Statutes 422.3969 – Rights of persons receiving home and community-based services
1. This section may be cited as the Bill of Rights for Persons with Intellectual, Developmental or Physical Disabilities or who are Aged.
Terms Used In Nevada Revised Statutes 422.3969
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Personal property: All property that is not real property.
2. Except as otherwise specifically provided by law, each person with an intellectual disability, developmental disability or physical disability who is receiving services pursuant to a home and community-based services waiver granted pursuant to 42 U.S.C. § 1396n, and each person who is aged and is receiving such services, has, to the extent applicable to the services received by the person and appropriate for the person pursuant to the home and community-based services waiver, the right to:
(a) Participate in decisions that affect the life of the person, including, without limitation, decisions relating to:
(1) The finances and personal property of the person;
(2) The location where the person resides; and
(3) The development and implementation of any plan for delivering services and the frequency with which services are delivered pursuant to the home and community-based services waiver.
(b) Be treated with respect and dignity.
(c) An appropriate, safe and sanitary living environment that complies with all local, state and federal standards and recognizes the needs of the person for privacy and independence.
(d) Food that is adequate to meet the nutritional needs of the person.
(e) Practice the religion of his or her choice or abstain from the practice of any religion.
(f) Receive timely, effective and appropriate health care.
(g) Receive ancillary services, to the extent necessary for the person.
(h) Maintain privacy and confidentiality in personal matters.
(i) Communicate freely with persons of his or her choice and in any reasonable manner he or she chooses.
(j) Own and use personal property.
(k) Have social interactions with persons of any sex or gender identity or expression.
(l) Pursue vocational opportunities to promote and enhance the economic independence of the person.
(m) Be treated as an equal citizen under the law.
(n) Be free from emotional, psychological, physical and financial abuse.
(o) Participate in appropriate programs of education, training, social development, habilitation and reasonable recreation, including, without limitation, a class at or other program administered by a university, college, community college or trade school.
(p) Select a parent, family member, advocate, employee of this State or other person to act on his or her behalf, including, without limitation, by entering into a supported decision-making agreement pursuant to NRS 162C.200.
(q) Manage his or her own personal finances.
(r) Have his or her personal and medical records kept confidential to the extent provided by state and federal law.
(s) Voice grievances and suggest changes in policies, services and providers of services without restraint, interference, coercion, discrimination or reprisal.
(t) Be free from unnecessary chemical, physical or mechanical restraints.
(u) Participate in the political process.
(v) Refuse to participate in any medical, psychological or other research or experiment.
3. The rights set forth in subsection 2 do not abrogate any remedies provided by law.
4. As used in this section:
(a) ’Developmental disability’ has the meaning ascribed to it in NRS 435.007.
(b) ’Intellectual disability’ has the meaning ascribed to it in NRS 435.007.