427A.175 - Complaint for damage to property of older patient: Filing; investigation and settlement; hearing; payment of damages. - Nevada Statutes

427A.175  Complaint for damage to property of older patient: Filing; investigation and settlement; hearing; payment of damages.

      1.  Within 1 year after an older patient sustains damage to his or her property as a result of any act or failure to act by a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home, an intermediary service organization or an agency to provide nursing in the home in protecting the property, the older patient may file a verified complaint with the Division setting forth the details of the damage.

      2.  Upon receiving a verified complaint pursuant to subsection 1, the Administrator shall investigate the complaint and attempt to settle the matter through arbitration, mediation or negotiation.

      3.  If a settlement is not reached pursuant to subsection 2, the facility, home, agency, organization or older patient may request a hearing before the Specialist for the Rights of Elderly Persons. If requested, the Specialist for the Rights of Elderly Persons shall conduct a hearing to determine whether the facility, home, agency or organization is liable for damages to the patient. If the Specialist for the Rights of Elderly Persons determines that the facility, home, agency or organization is liable for damages to the patient, the Specialist for the Rights of Elderly Persons shall order the amount of the surety bond pursuant to NRS 449.065 or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division. The Division shall pay any such amount to the older patient or the estate of the older patient.

      4.  The Division shall create a separate account for money to be collected and distributed pursuant to this section.

      5.  As used in this section:

      (a) “Agency to provide nursing in the home” has the meaning ascribed to it in NRS 449.0015;

      (b) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021;

      (c) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038;

      (d) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039;

      (e) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105;

      (f) “Older patient” has the meaning ascribed to it in NRS 449.063; and

      (g) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      (Added to NRS by 1997, 1484; A 2005, 2174; 2007, 1220; 2009, 507, 2399)