Nevada Revised Statutes 435.655 – Liability of certain relatives and estate of person admitted to facility for payment of costs; recovery by legal action
1. When a person is admitted to a division facility or hospital under one of the various forms of admission prescribed by law, the parent or legal guardian of a person with an intellectual disability or a person with a developmental disability who is a minor or the spouse of a person with an intellectual disability or a person with a developmental disability, if of sufficient ability, and the estate of the person with an intellectual disability or the person with a developmental disability, if the estate is sufficient for the purpose, shall pay the cost of the maintenance for the person with an intellectual disability or the person with a developmental disability, including treatment and surgical operations, in any hospital in which the person is hospitalized under the provisions of this chapter:
Terms Used In Nevada Revised Statutes 435.655
- Administrative officer: means a person with overall executive and administrative responsibility for those state or nonstate intellectual and developmental disability centers designated by the Administrator. See Nevada Revised Statutes 435.007
- Developmental disability: means autism, cerebral palsy, epilepsy or any other neurological condition diagnosed by a qualified professional that:
(a) Is manifested before the person affected attains the age of 22 years;
(b) Is likely to continue indefinitely;
(c) Results in substantial functional limitations, as measured by a qualified professional, in three or more of the following areas of major life activity:
(1) Taking care of oneself;
(2) Understanding and use of language;
(3) Learning;
(4) Mobility;
(5) Self-direction; and
(6) Capacity for independent living; and
(d) Results in the person affected requiring a combination of individually planned and coordinated services, support or other assistance that is lifelong or has an extended duration. See Nevada Revised Statutes 435.007
- Division: means the Aging and Disability Services Division of the Department. See Nevada Revised Statutes 435.007
- Division facility: means any unit or subunit operated by the Division for the care, treatment and training of consumers. See Nevada Revised Statutes 435.007
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Intellectual disability: means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. See Nevada Revised Statutes 435.007
- Parent: means the parent of a child. See Nevada Revised Statutes 435.007
- Person: includes a child and any other consumer with an intellectual disability and a child or any other consumer with a developmental disability who has attained the age of 18 years. See Nevada Revised Statutes 435.007
- Treatment: means any combination of procedures or activities, of whatever level of intensity and whatever duration, ranging from occasional counseling sessions to full-time admission to a residential facility. See Nevada Revised Statutes 435.007
(a) To the administrative officer if the person is admitted to a division facility; or
(b) In all other cases, to the hospital rendering the service.
2. If a person or an estate liable for the care, maintenance and support of a committed person neglects or refuses to pay the administrative officer or the hospital rendering the service, the State is entitled to recover, by appropriate legal action, all money owed to a division facility or which the State has paid to a hospital for the care of a committed person, plus interest at the rate established pursuant to NRS 99.040.