The Division shall adopt regulations:

1. To define the term “consumer” for the purposes of chapters 433 to 433C, inclusive, of NRS.

2. To specify the circumstances under which a consumer is eligible to receive services from the Division pursuant to chapters 433 to 433C, inclusive, of NRS, including, but not limited to, care, treatment, treatment to competency and training. Regulations adopted pursuant to this subsection must:

(a) Prescribe a system to categorize a recipient of community-based living arrangement services by the scope of services needed by the recipient; and

(b) Specify that a consumer is eligible to receive services only if the consumer:

(1) Has a documented diagnosis of a mental disorder based on the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and

(2) Except as otherwise provided in the regulations adopted pursuant to subsection 3, is not eligible to receive services through another public or private entity.

3. To specify the circumstances under which the provisions of subparagraph (2) of paragraph (b) of subsection 2 do not apply, including, without limitation, when the copay or other payment required to obtain services through another public or private entity is prohibitively high.

4. To establish policies and procedures for the referral of each consumer who needs services that the Division is unable to provide to the most appropriate organization or resource who is able to provide the needed services to that consumer.

5. To establish procedures by which a recipient of community-based living arrangement services with which the Division has entered into a contract may appeal a decision of the Division concerning eligibility for or authorization of services.

6. As used in this section, “community-based living arrangement services” has the meaning ascribed to it in NRS 449.0026.

(Added to NRS by 2011, 409; A 2013, 3008; 2019, 1779, effective January 1, 2020)