Health care

Nevada Veterans Homes

Homes in southern and northern Nevada whose room rates are not in statute: the Director recommends a schedule each April and the State Board of Examiners sets it, and is not bound by the recommendation. Each home has a licensed nursing facility administrator, and gift accounts fed by donated tax exemptions sit alongside the operating account.

Also called: NRS 417.145, NRS 417.147, NRS 417.148, NRS 417.149, Veterans Home Account, schedule of rates, State Board of Examiners, NRS 654.170, adult day health care, 38 C.F.R. 51.2.

For: Veteran or service member.

Where it applies

Written for the jurisdictions listed here.

Nevada operates state veterans homes under NRS 417.145 to 417.149, and the thing to know before planning around one is that the price is set annually by a board rather than fixed by statute. The rate-setting mechanism, NRS 417.147, subsection 2: "With the advice of the Nevada Veterans Services Commission, the Director shall, on or before April 1 of each calendar year, recommend to the State Board of Examiners a schedule of rates to be charged for occupancy of rooms at each veterans' home in this State during the following fiscal year. The State Board of Examiners shall establish the schedule of rates. In setting the rates, the State Board of Examiners shall consider the recommendations of the Director, but is not bound to follow the recommendations of the Director." Three points. The rate is per home, so the southern and northern homes can differ. It changes every fiscal year on a decision taken in the spring. And the body that decides is the State Board of Examiners, which is the Governor, the Secretary of State and the Attorney General sitting in that capacity, not the veterans department. A veteran or family asking what a room costs is asking an administrative question with an annual answer, and no statute supplies a figure. Administration, subsection 1. Subject to the limits in NRS 417.090, the Director shall appoint an administrator for each veterans' home, and "each administrator must be licensed as a nursing facility administrator or health services executive pursuant to NRS 654.170". That licensing requirement is a real quality guarantee written into the veterans chapter rather than left to the health licensing chapter alone. The Director must also take the other actions necessary for establishment, management, maintenance and operation, including establishing and implementing rules, policies and procedures, and must apply for federal grants and other available money, with a federal grant used only as the grant's terms permit. So the admission criteria, like the rates, live in departmental rules, policies and procedures under subsection 1(b) rather than in the statute. NRS 417.147 states no service test, no discharge test, no disability test and no minimum Nevada residency for admission to a home. Whatever a veteran is told about eligibility comes from policy, and policy can change without legislation. Confirm it with the home rather than from a published summary. Adult day health care, subsection 3: "To the extent that federal funding is available, the Director may establish and operate programs to provide adult day health care, as defined in 38 C.F.R. § 51.2, to veterans." That is a non-residential option worth asking about for a veteran who does not need or want to move in, and it is expressly contingent on federal money. The money, NRS 417.145. The Veterans Home Account is established in the State General Fund. Money received from payments made by the United States Department of Veterans Affairs for veterans who receive care in a veterans' home, and from other sources the section lists, goes into it. The section also establishes the Gift Account for the Veterans Home in Southern Nevada and the Gift Account for the Veterans Home in Northern Nevada, and requires an annual report of expenditures made from those gift accounts. The gift accounts are the destination of the donated tax exemptions described in the exemption waiver entry: a veteran who pays the property tax or the vehicle governmental services tax instead of claiming the exemption can direct the money to either home, subject to a combined ceiling of $2,000,000 per gift account per fiscal year under NRS 361.0905 and NRS 371.1035. Because the gift accounts are separate from the operating account, a donation supplements the appropriation rather than displacing it, and the required annual report of gift account expenditures is the document that shows what donations actually bought. NRS 417.148 establishes a revolving account and NRS 417.149 a trust fund for the deposit of money belonging to residents of a veterans' home, with maintenance requirements. That last provision is the protection for a resident's own funds held by the home, and a family managing a resident's money should know it exists. The Nevada Veterans Services Commission, created under NRS 417.150 with a chair under NRS 417.160, meetings under NRS 417.170 and duties under NRS 417.190, is the body whose advice the Director must take before recommending rates. Its meetings are where a rate increase is discussed before the Board of Examiners sees it.

Thresholds

Thresholds for Nevada Veterans Homes
GateRule
Admission criteria are in departmental rules and policies, not in the statuteNRS 417.147, subsection 1(b) directs the Director to establish and implement rules, policies and procedures for management, maintenance and operation. The section states no service, discharge, disability or residency test for admission.
Room rates are set annually by the State Board of ExaminersNRS 417.147, subsection 2. The Director recommends a schedule by April 1 each year with the advice of the Nevada Veterans Services Commission, and the Board establishes the rates and is not bound by the recommendation. Rates are per home.
Each home has a licensed nursing facility administrator or health services executiveNRS 417.147, subsection 1(a) requires each administrator to be licensed under NRS 654.170.
Adult day health care is available only to the extent federal funding isNRS 417.147, subsection 3 permits the Director to establish adult day health care programs as defined in 38 C.F.R. § 51.2 to the extent that federal funding is available.

Sources

Legislation

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Nev. Rev. Stat. § 417.147, subsection 2 Leaves veterans home room rates to an annual decision of the State Board of Examiners

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Standing provision

NRS 417.147, subsection 2 requires the Director, with the advice of the Nevada Veterans Services Commission, to recommend to the State Board of Examiners on or before April 1 of each calendar year a schedule of rates to be charged for occupancy of rooms at each veterans home for the following fiscal year. The Board establishes the schedule and "is not bound to follow the recommendations of the Director". Subsection 1(b) separately leaves the management, maintenance and operation of the homes, including admission criteria, to rules, policies and procedures the Director establishes, and the section states no service, discharge, disability or residency test for admission. Tracked because no figure for the cost of a Nevada veterans home appears anywhere in statute, the figure changes every fiscal year on a decision taken each spring by a body composed of the Governor, the Secretary of State and the Attorney General rather than by the veterans department, and the rate is set per home so the southern and northern homes can differ. Any published cost or eligibility figure for a Nevada veterans home is administrative and must be confirmed with the home. The gift accounts in NRS 417.145, fed by tax exemptions donated under NRS 361.0905 and NRS 371.1035 up to a combined $2,000,000 per account per fiscal year, sit alongside the operating account and are subject to an annual report of expenditures.

Touches Nev. Rev. Stat. § 417.147 · Nev. Rev. Stat. § 417.145

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.