§ 159.0443 — Petition for expedited hearing for transfer of proposed protected person to appropriate health care facility; exception

Nevada § 159.0443

• Jurisdiction: Nevada
• Title 13: GUARDIANSHIPS; CONSERVATORSHIPS; TRUSTS
• Ch. 159: Guardianship

Text

1. Except as otherwise provided in subsection 2, if a person who files a petition for the appointment of a guardian pursuant to NRS 159.044 reasonably believes that it is appropriate to discharge the proposed protected person from a health care facility for the purpose of transferring the proposed protected person to a more appropriate health care facility that provides a less restrictive level of care, the person must petition the court for an expedited hearing to determine the appropriateness of such a transfer upon a showing of good cause, as set forth in the petition for an expedited hearing. If a person files a petition for an expedited hearing pursuant to this subsection, he or she shall include, without limitation, the following information in the petition:
(a) The name and address of the health care facility to which the proposed protected person will be transferred;
(b) The level of care that will be provided by the health care facility to which the proposed protected person will be transferred;
(c) The anticipated date of the transfer of the proposed protected person;
(d) The source of payment that will be used to pay for the placement of the proposed protected person in the health care facility to which he or she will be transferred; and
(e) A statement signed by the attending provider of health care of the proposed protected person and an independent physician that:
(1) Verifies that the transfer of the proposed protected person is medically appropriate and advisable and is in the best interests of the proposed protected person;
(2) Describes the way in which, given the condition and needs of the proposed protected person, the level of care that will be provided by the new health care facility is more appropriate for the care and treatment of the proposed protected person than the level of care provided by the health care facility in which the proposed protected person is currently placed; and
(3) States specific facts and circumstances to demonstrate why the transfer of the proposed protected person to the new health care facility must occur in an expedited manner and cannot be delayed.
2. A person may not petition the court for an expedited hearing pursuant to subsection 1 if he or she believes that a proposed protected person should be transferred to:
(a) A health care facility outside this State;
(b) Except as otherwise provided in subsection 3, a health care facility outside the judicial district in which the petition for the appointment of a guardian is filed; or
(c) A secured residential long-term care facility.
3. If a health care facility that offers the appropriate level of care for a proposed protected person does not exist in the judicial district in which the petition for the appointment of a guardian is filed, or if such a health care facility exists in the judicial district but is not available to accommodate the proposed protected person, the court may approve the placement of the proposed protected person in a health care facility outside the judicial district if the placement is in the health care facility offering the appropriate level of practicable care that is nearest to the place of residence of the proposed protected person.

Legislative History

(Added to NRS by 2019, 1235 )