2005 Nevada Revised Statutes - Chapter 426A — Traumatic Brain Injuries

CHAPTER 426A - TRAUMATIC BRAIN INJURIES

GENERAL PROVISIONS

NRS 426A.010 Definitions.

NRS 426A.020 Dutiesof Department.

NRS 426A.030 Hospitalsrequired to report information relating to persons with traumatic braininjuries to Department; penalty.

NRS 426A.040 Annualreport to Legislative Commission.

NRS 426A.050 Liabilityfor disclosure of information in bad faith or with malicious purpose.

ADVISORY COMMITTEE ON TRAUMATIC BRAIN INJURIES

NRS 426A.060 Creation;appointment of members; terms; Chairman; service without compensation; paymentof per diem; powers; annual report.

SERVICES FOR PERSONS WITH TRAUMATIC BRAIN INJURIES

NRS 426A.070 Programfor Persons With Traumatic Brain Injuries: Establishment; services; evaluation;report to Legislature.

NRS 426A.080 Regulations.

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GENERAL PROVISIONS

NRS 426A.010 Definitions. As used in this chapter:

1. Department means the Department of Health andHuman Services.

2. Officemeans the Office of Disability Services created by NRS 426.235.

3. Traumatic brain injury means a sudden shock ordamage to the brain or its coverings which is not of a degenerative nature andproduces an altered state of consciousness or temporarily or permanentlyimpairs the mental, cognitive, behavioral or physical functioning of the brain.The term does not include:

(a) A cerebral vascular accident;

(b) An aneurism; or

(c) A congenital defect.

(Added to NRS by 1991, 1378; A 1993, 557, 1619; 2003, 2633)

NRS 426A.020 Dutiesof Department. The Department shall:

1. Establish and maintain a system for the reportingof information relating to persons with traumatic brain injuries; and

2. Adopt regulations which prescribe the informationwhich must be reported to the Department and the procedure for reporting thatinformation.

(Added to NRS by 1991, 1378; A 1993, 557)

NRS 426A.030 Hospitals required to report information relating to persons withtraumatic brain injuries to Department; penalty.

1. The chief administrative officer of each hospitalin this state shall submit to the Department the information required by theregulations adopted pursuant to NRS426A.020.

2. Any person who violates this section is guilty of amisdemeanor.

(Added to NRS by 1991, 1378; A 1993, 557)

NRS 426A.040 Annualreport to Legislative Commission. Each yearthe Department shall prepare and submit to the Legislative Commission astatistical report which summarizes and interprets the information obtainedpursuant to NRS 426A.020.

(Added to NRS by 1991, 1378; A 1993, 557)

NRS 426A.050 Liabilityfor disclosure of information in bad faith or with malicious purpose. A person who provides information to the Department pursuantto NRS 426A.020 may not be held liablein a civil or criminal action for disclosing confidential information unless hehas done so in bad faith or with malicious purpose.

(Added to NRS by 1991, 1378; A 1993, 557)

ADVISORY COMMITTEE ON TRAUMATIC BRAIN INJURIES

NRS 426A.060 Creation;appointment of members; terms; Chairman; service without compensation; paymentof per diem; powers; annual report.

1. The Advisory Committee on Traumatic Brain Injuries,consisting of 11 members, is hereby created.

2. The Director of the Department shall appoint to theCommittee:

(a) One member who is an employee of the Office.

(b) One member who is an employee of the Division ofHealth Care Financing and Policy of the Department and participates in theadministration of the state program providing Medicaid.

(c) One member who is a licensed insurer in this State.

(d) One member who represents the interests ofeducators in this State.

(e) One member who is a person professionally qualifiedin the field of psychiatric mental health.

(f) Two members who are employees of private providersof rehabilitative health care located in this State.

(g) One member who represents persons who operatecommunity-based programs for head injuries in this State.

(h) One member who represents hospitals in this State.

(i) Two members who represent the recipients of healthcare in this State.

3. After the initial appointments, each member of theCommittee serves a term of 3 years.

4. The Committee shall elect one of its members toserve as Chairman.

5. Members of the Committee:

(a) Serve without compensation; and

(b) If provided for in the budget of the Department,while engaged in the business of the Committee, are entitled to receive the perdiem allowance and travel expenses provided for state officers and employeesgenerally.

6. The Committee may:

(a) Make recommendations to the Director of theDepartment and the Office relating to the establishment and operation of anyprogram for persons with traumatic brain injuries.

(b) Make recommendations to the Director of theDepartment and the Office concerning proposed legislation relating to traumaticbrain injuries.

(c) Collect information relating to traumatic braininjuries.

(d) Apply for grants.

(e) Accept and expend any money made available to theCommittee by gift, grant, donation or bequest.

7. The Committee shall prepare a report of itsactivities and recommendations each year and submit a copy to the:

(a) Director of the Department;

(b) Office;

(c) Legislative Committee on Health Care; and

(d) Legislative Commission.

8. As used in this section:

(a) Person professionally qualified in the field ofpsychiatric mental health has the meaning ascribed to it in NRS 433.209.

(b) Provider of health care has the meaning ascribedto it in NRS 629.031.

(Added to NRS by 1991, 996; A 1993, 1619; 1997, 1245;1999, 871, 2234; 2003, 2633; 2005, 1075)

SERVICES FOR PERSONS WITH TRAUMATIC BRAIN INJURIES

NRS 426A.070 Programfor Persons With Traumatic Brain Injuries: Establishment; services; evaluation;report to Legislature.

1. The Office shall establish a Program for PersonsWith Traumatic Brain Injuries.

2. The Program may, subject to legislativeappropriation, provide:

(a) The following services to persons with traumaticbrain injuries:

(1) Treatment during the day on an outpatientbasis;

(2) Care provided in a facility operated andmaintained to furnish food, shelter, assistance and limited supervision;

(3) Care provided in the home;

(4) Instruction in the skills required forindependent living;

(5) Placement for jobs; and

(6) Counseling and treatment for the abuse ofdrugs or alcohol.

(b) Support services for families of persons withtraumatic brain injuries.

(c) For the dissemination of information for theprevention of traumatic brain injuries.

3. The Office shall evaluate the Program and submit areport containing the evaluation and any recommended legislation to eachregular session of the Legislature.

(Added to NRS by 1991, 1377; A 1993, 1620; 2003, 2635)

NRS 426A.080 Regulations. The Department shall adopt regulations concerning the careof persons with traumatic brain injuries. The Department shall, in adopting theregulations, consider the criteria established by the Commission on Accreditationof Rehabilitation Facilities for the care of such persons.

(Added to NRS by 1991, 1379; A 1993, 1621; 2003, 2635)