NEVADA SILVER HAIRED
LEGISLATIVE FORUM
Nevada Revised Statutes
427A.320 through 427A.400
SUMMARY REPORT
TO THE
LEGISLATIVE COMMISSION
AND
THE GOVERNOR
September 2014
TABLE OF CONTENTS
Page
Summary Report to the Legislative Commission and the Governor
I.
Introduction ........................................................................................................................... 3
II.
Summary of Recommendations ............................................................................................ 5
III.
Summary of Meetings ............................................................................................................ 7
IV.
Acknowledgements and Conclusion ..................................................................................... 11
V.
Appendix - Nevada Revised Statutes 427A.320 – 427A.400 … ........................................... 12
Nevada Revised Statutes 218.D.220 ................................................................... 14
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SUMMARY REPORT OF THE
NEVADA SILVER HAIRED LEGISLATIVE FORUM
TO THE LEGISLATIVE COMMISSION
AND GOVERNOR
I. INTRODUCTION
The Nevada Silver Haired Legislative Forum (NSHLF) was created in 1997 to identify and make
recommendations on issues of importance to aging persons. The NSHLF’s membership, powers,
and duties are codified in Chapter 427A of (NRS). The Forum may submit a report containing
recommendations for legislative action to the Legislative Commission and the Governor before
September 1 of each even-numbered year.
As of September 2014, the Forum had a total of 19 active members, along with the five members
of Nevada’s Delegation to the National Silver Haired Congress (NSHC), who serve as ex officio
members of the NSHLF, pursuant to NRS 427A.350. Primary staff support to the NSHLF is
provided by the Administrative Division, Las Vegas Office of the Legislative Counsel Bureau
(LCB).
Following is a list of members appointed to the Forum by the Legislative Commission:
FORUM MEMBERS
Mary D. Roberts
Rick Kuhlmey
Clo Banks, Secretary
Verlia Davis Hoggard
Colleen Brown
Betty Rumford
Joann M. Bongiorno
Evelyn A. Cannestra, M.S.W.
Barbara Altman
Harriet Trudell
Stephanie L. Rose
Clare Tobler, Vice President
John P. (Jack) Ginter, Jr.
Reba June Burton
John C. Yacenda, Ph.D., MPH, PAHM
Margaret Spooner
Patsy Metler
Ray B. Jones
James Downer, RTRP
Senate District No. 1
Senate District No. 2
Senate District No. 3
Senate District No. 4
Senate District No. 5
Senate District No. 6
Senate District No. 7
Senate District No. 8
Senate District No. 9
Senate District No. 10
Senate District No. 11
Senate District No. 12
Senate District No. 14
Senate District No. 15
Senate District No. 16
Senate District No. 17
Senate District No. 18
Senate District No. 19
Senate District No. 20
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NATIONAL SILVER HAIRED CONGRESS (NSHLF Ex Officio Members)
Lucy Peres
Herbert E. Randall, Ed.D., President
Russ Schoenbeck
Lonnie Strait, Treasurer
Silver Senator
Silver Senator
Silver Representative
Silver Representative
LEGISLATIVE COUNSEL BUREAU STAFF
Administrative Division:
Mary Shope, Coordinator, NSHLF
Legal Division:
Bryan Fernley-Gonzalez, Principal Deputy Legislative Counsel
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II. SUMMARY OF RECOMMENDATIONS
This Summary Report presents the recommendations approved by the NSHLF during the
June 17, 2014 meeting. The recommendations will be submitted to the Legislative Commission
and Governor Brian Sandoval for their consideration and possible inclusion in a bill draft request
to be forwarded to the 78th Session of the Nevada Legislature.
The Forum’s recommendations are based upon:
1. Testimony received from experts on important issues to Nevada’s senior
citizens;
2. Testimony presented from private citizens to the Forum at its public meetings;
3. Review of written information and comments provided to members of the
Forum from representatives of government agencies, educational and non-profit
organizations, advocates for senior citizens, and the public; and
4. Experience, knowledge, and research of the Forum’s members.
A. RECOMMENDATION TO REQUEST A BILL DRAFT CONCERNING THE LONGTERM CARE OMBUDSMAN PROGRAM (LTCOP)
The Forum requests the drafting of a bill to strengthen the LTCOP. The Program
should have the appropriate resources and authority to review and investigate
complaints. Additionally, the Forum recognizes the importance for person-centered
care planning as it improves the quality of life and care. (BDR 415)
B. STATEMENTS TO BE INCLUDED IN THE FINAL REPORT
Additionally, a variety of issues was addressed at the meetings of the NSHLF. The sources
of the proposed recommendations included suggestions received during testimony at the
five Forum meetings held prior to the work session. The following are a summary of
the NSHLF’s recommendations:

Recommendation No. 1 Elder Abuse
Support the extension of existing statutory provisions addressing financial exploitation
of older persons or vulnerable persons, including training for identification and
reporting of financial exploitation to all financial licensees.

Recommendation No. 2 Health Care for Seniors – Oversight and Inspections of Skilled
Nursing Facilities
Support legislation to ensure inspections and oversight of health care facilities,
especially skilled nursing facilities. Also, the Forum recommends training of
healthcare personnel.

Recommendation Nos. 3 and 4 Housing and Transportation Services for Seniors
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Support legislation to improve affordability of senior housing and transportation
services for seniors, which both services would assist seniors to remain independent.

Recommendation No. 5 Food Security
Support legislation to address food hunger security, including increased appropriations
for congregate or home delivered meals.

Recommendation No. 6 Public Utilities
Support legislation to ensure consumer protection and recommend the reinstatement of
the Senior Property Tax Assistance Program.

Recommendation No. 7 Endangered Persons Statewide Alert System
Support implementation of the Statewide Alert System for the Safe Return of Missing
Endangered Older Persons. In addition, the Forum will monitor the program to assess
the need for future enhancements regarding age and residency requirements.

Recommendation No. 8 Legislative Committee on Senior Citizens, Veterans and Adults
with Special Needs
Supports passage of the proposed legislation made during the 2013-2014 Interim
(BDR 39-416, -417, 13-418, -419, -420) sponsored by the Legislative Committee on
Senior Citizens, Veterans and Adults with Special Needs established pursuant to NRS
218E.750.
A hyperlink to the BDR List on the Legislature’s website follows:
http://www.leg.state.nv.us/Session/78th2015/BDRList/page.cfm?showAll=1).

Recommendation No. 9 Endorsement of the National Silver Haired Congress’ (NSHC)
Top Resolutions for 2014
Resolution 1: Increase funding for the Older Americans Act.
Resolution 2: Raise the Social Security Tax Cap.
Resolution 3: Strengthen Social Security.
Resolutions 4 and 5 (tie): Utilization of Telemedicine to Improve Geriatric Care and
Implement Silver Alert Notification Network.
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III. SUMMARY OF MEETINGS
The NSHLF held six public meetings in the 2013–2014 Interim. The meetings were held in Las
Vegas and video-conferenced to Carson City and Elko. During the course of its work, the
NSHLF considered testimony from members of the public, nonprofit organizations, private
corporations, and public agencies.
August 27, 2013, Meeting
The Forum reviewed the significant senior legislation of the 2013 Nevada Legislature. On
behalf of the NSHLF, President Randall thanked the members, State legislators, the Governor,
and stakeholders for their efforts towards the passage of Senate Bill 178 (Chapter 150, Statutes of
Nevada 2013), authorizing the drafting of not more than one legislative measure that relates to
matters within the scope of the Forum. President Randall also mentioned Assembly Bill 173
(Chapter 195, Statutes of Nevada 2013), which prohibits an electric utility from making changes
to a rate based on the time of day, day of the week, or time of year the electricity is purchased by
a residential consumer. In addition, he expressed the Forum’s appreciation for Older Americans
Day at the Legislature in commemoration of the Nevada Silver Haired Legislative Forum.
The NSHLF received overviews concerning elder abuse from the Office of the Attorney General,
and Aging and Disability Services Division (ADSD) of the Department of Health and Human
Services (DHHS).
Thom Gover, Deputy Attorney General, provided an overview of the Special Prosecution
Division, which has the authority to investigate and prosecute elder abuse cases. Mr. Gover
mentioned his Division has the discretion to screen elder abuse complaints for validity to
determine the prosecutorial status; whether to accept or deny prosecution. Tina Gerber-Winn,
Deputy Administrator, provided an overview of the ADSD’s services and statistics and explained
the mandatory elder abuse reporting.
Jill Berntson, Chief of Elder Rights, responded to a point regarding licensed nursing personnel.
She stated the ADSD investigates the complaint of elder abuse with referrals to law enforcement
agencies.
Additionally, the NSHLF received an update regarding the implementation of Nevada Silver
Alert from the Department of Public Safety. Members of the Forum were reassured the
administrative process was underway and the procedures would soon be implemented.
October 15, 2013, Meeting
The Forum received critical information about the access to and availability of adequate food for
seniors. Representatives of the DHHS provided an overview of Nevada’s Food Security
Strategic Plan and the senior nutrition services.
Staff of Nevada’s Department of Agriculture, provided an overview of United States Department
of Agriculture (USDA) commodity programs.
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The President and CEO of the Food Bank of Northern Nevada (FBNN) provided information and
detailed statistics regarding their services such as the commodity supplemental food program and
what it takes to live in Nevada. Staff of Three Square Food Bank mentioned that private food
banks provide the supplemental assistance for food when the federal and state services are not
available. Also, Catholic Charities of Southern Nevada, explained they provide Meals on
Wheels for disabled seniors and to those in the greatest need, faith-based but nondenominational,
and not necessarily income qualified.
In addition, the Forum received current information regarding the grassroots campaign to
preserve and protect Social Security and Medicare from the National Committee to Preserve
Social Security and Medicare.
President Randall provided an overview of the NSHLF’s goals and objectives. His goals
included communication with legislators, respect for older persons, advocacy for seniors, and
celebration of senior events similar to the Older Americans Month. President Randall also
indicated that the Forum’s brochure was successfully completed and website enhancements were
ongoing.
December 17, 2013 Meeting
The Forum heard from Commissioner George E. Burns, Financial Institutions Division (FID),
Nevada Department of Business and Industry (B&I), about elder financial abuse and the
consumer protections for senior citizens. Commissioner Burns mentioned FID protects the
public interests by regulating and licensing depository institutions, fiduciary institutions, and
non-depository companies. He referenced NRS 200.5091 as the basis for FID’s missionprotection against abuse, neglect, exploitation and isolation of older persons and vulnerable
persons by licensees, but not all. Specifically, he stated the statutory protection does not cover
fiduciary institutions for retail trust companies and non-depositories. Commissioner Burns
suggested the public file a complaint for investigation of an alleged abuse.
Additionally, Sergeant Joshua Bitsko, Abuse and Neglect Detail, Las Vegas Metropolitan Police
Department (LVMPD), provided an overview of the Detail’s responsibilities to investigate
allegations of elder abuse, neglect, and exploitation as governed by NRS 200.509. Sergeant
Bitsko encouraged everyone to be an advocate for the vulnerable person and to report concerns
of abuse and exploitation to local law enforcement.
Anne M. Schiller, LSW, Director of Program Operations, Catholic Charities of Northern Nevada
and St. Vincent’s Programs, and Deputy Sheriff Shawn Marston, Vulnerable Person’s Unit,
Washoe County Sheriff’s Office, presented information about Kids to Seniors Korner, a mobile
outreach program. She stated Kids to Seniors Korner provides services to high risk, low-income
populations living in Washoe County, regardless of income. One the greatest challenges involve
the lack of resources for displaced seniors. In these situations, staff works with non-profit social
services to find appropriate housing and services.
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Brian L. Davie, Legislative Services Officer, Legislative Counsel Bureau (LCB), provided an
overview of the creation and activities of the National Silver Haired Congress (NSHC) and the
operations of its Nevada Delegation. He shared relevant information, including documents
highlighting NSHC’s mission and vision, current Nevada Delegation, and bylaws and articles of
incorporation.
February 18, 2014, Meeting
The Forum received information from DHHS regarding the inspection process for skilled
nursing facilities. Staff of the ADSD provided an overview of Nevada’s long-term care
ombudsman responsibilities. An ombudsman’s routine presence at long-term care facilities
builds trust and rapport among the residents and health care personnel. The majority of
complaints center on dignity and respect, discharge and evictions, failure to respond for
assistance, and medication issues. Emphasis was placed on the importance of culture change
initiatives, which focus on residents’ specific needs and rights, as a resolution to complaints.
The long-term care ombudsman takes the necessary time to resolve the complaint, to the
satisfaction of the resident.
Kyle Devine, Bureau Chief, Bureau of Health Care Quality and Compliance (BHCQC)
summarized the facility’s inspections and the licensing of the nursing facilities. He referenced
the federal and state regulations governing licensed facilities, which included the Center for
Medicare and Medicaid Services and the BHCQC. Mr. Devine stated BHCQC not only has the
authority to license facilities, but also has the authority for annual inspections and unannounced
visits, including the investigation of all complaints. Most of the federal and State regulations are
comparable, but the background FBI checks are specific to Nevada. The severity of the harm to
the resident directs the outcome and level of investigations for abuse and neglect.
Marty Bibb, Executive Director of Retired Public Employees of Nevada, shared concerns about
possible senior financial exploitation and fraud because of the Nevada Supreme Court’s ruling to
release retirement information.
April 15, 2014 Meeting
The Nevada Commission on Aging, the Washoe County Senior Citizen Advisory Board, Jeffrey
Klein, FACHE, Chairman, the Nevada Commission on Aging Subcommittee on Legislative
Issues, the Nevada Senior Services, Inc., the Nevada Senior Advocates and Nevada Senior Corp
Association, AARP Nevada, and the Board of Examiners for Long-Term Care Administrators
(BELTCA) provided their perspectives as advocates concerning the oversight and inspection
process for skilled nursing facilities.
The highlights included:


The Commission on Aging Legislative Subcommittee’s proposal to inform the
Legislators of critical services;
Recommendation by Bruce Arkell that the Forum consider proposals to increase the
number of senior advocates who provide services to the growing number of seniors,
rural and urban populations alike;
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

AARP’s future legislative endeavors to address social change, which includes family
caregivers’ concerns and funding senior waiver slots for independent community
living;
The BELTCA’s purpose to protect the public and consumers, ensure residents receive
care with dignity, and enforce compliance with the licensing requirements. Staff also
addressed BELTCA’s commitment to investigate complaints and work with the
administrators to resolve the situation. The Board has rigorous standards for
administrators and that licensees have continual oversight and continuing education
requirements.
June 17, 2014, Meeting
The Forum conducted a work session to consider its bill draft request and approve
recommendations for the 78th Legislative Session. The Forum expressed its intention to work
with all interested stakeholders.
Daniel O. Jacobsen, Technical Staff Manager, Bureau of Consumer Protection , Office of the
Attorney General, mentioned the upcoming utility rate hearings before the Public Utilities
Commission of Nevada. He stated the proposed mandatory fixed monthly service assessment
would be a hardship for Nevadans, especially seniors.
President Randall opened the election of Forum Officers for the 2014-2015 term. The Forum
elected the following officers: President Herbert Randall, Vice-President Clare Tobler, Secretary
Clo Banks, and Treasurer Lonnie Strait.
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IV. ACKNOWLEDGEMENTS AND CONCLUSION
Members of the Nevada Silver Haired Forum would like to thank the State and local government
representatives, representatives of organizations, and interested private citizens who provided
testimony and shared their recommendations for improving the lives of Nevada’s senior
population. The Forum members sincerely appreciate the expertise and recommendations of
those who gave their time to make the meetings as comprehensive and thorough as possible.
Special appreciation is extended to all the legislators for their interest in the activities of the
Forum and their continued support.
Additional information about Forum meetings—including agendas, minutes, and informational
exhibits—is available on the Forum’s webpage at: http://www.leg.state.nv.us.
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V. APPENDIX
STATUTORY AUTHORIZATION FOR THE
NEVADA SILVER HAIRED LEGISLATIVE FORUM
Nevada Revised Statutes 427A.320 through 427A.400
NRS 427A.320 Creation.
The Nevada Silver Haired Legislative Forum is hereby created to identify and act upon issues of
importance to aging persons.
(Added to NRS by 1997, 2724; A 2001, 3026)
NRS 427A.330 Nomination, appointment and terms of members.
1. The Legislative Commission shall appoint to the Nevada Silver Haired Legislative Forum
a number of members equal to the number of State Senators. The persons appointed to the forum
must be the persons nominated pursuant to this section. Each member of the Senate shall, after
consulting with the members of the Assembly who reside within his senatorial district, nominate
a person who meets the requirements for appointment to the Forum set forth in NRS 427A.340.
2. Appointments to the Nevada Silver Haired Legislative Forum must be made by the
Legislative Commission before December 31 of the second year of a member’s term. After the
initial terms, each member of the Forum serves a term of 2 years. Each member of the Forum
continues to serve until his successor is appointed.
(Added to NRS by 1997, 2724; A 2001, 3026; 2007, 3308)
NRS 427A.340 Qualifications of members.
A member of the Nevada Silver Haired Legislative Forum must:
1. Have been a resident of this state for 5 years immediately preceding his appointment;
2. Have been a registered voter in the senatorial district of the Senator who nominated him
for 3 years immediately preceding his appointment; and
3. Be at least 60 years of age on the day that he is appointed.
(Added to NRS by 1997, 2724; A 2001, 3027)
NRS 427A.350 Ex officio membership of National Silver Haired Congress.
Members of the National Silver Haired Congress from this state shall serve as ex officio
members of the Nevada Silver Haired Legislative Forum. If a member of the National Silver
Haired Congress ceases to be a member of the National Silver Haired Congress, the ex officio
membership of that person in the Nevada Silver Haired Legislative Forum terminates. An ex
officio member of the Nevada Silver Haired Legislative Forum has the same rights and
responsibilities as the members who are appointed.
(Added to NRS by 1997, 2724)
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NRS 427A.360 Vacancies in membership.
1. A position in the Nevada Silver Haired Legislative Forum becomes vacant upon:
(a) The death or resignation of a member.
(b) The illness of a member that prevents him from attending three consecutive
meetings of the Nevada Silver Haired Legislative Forum, unless excused by the President.
(c) The absence of a member for any reason from three consecutive meetings of the
Nevada Silver Haired Legislative Forum, unless excused by the President.
2. If a vacancy occurs, the Legislative Commission shall appoint a person to serve the
remainder of the unexpired term. The Legislative Commission may appoint a person whose
membership in the National Silver Haired Congress has ended to fill a vacancy in the Nevada
Silver Haired Legislative Forum.
3. As used in this section, “President” means the person elected to serve as President of the
Nevada Silver Haired Legislative Forum pursuant to NRS 427A.370.
(Added to NRS by 1997, 2725; A 2001, 3027; 2005, 460)
NRS 427A.370 Election, terms and duties of officers; assistance from Legislative Counsel
Bureau.
1. The Nevada Silver Haired Legislative Forum shall elect from among its members, to
serve a term of 1 year beginning on July 1 of each year:
(a) A President, who shall conduct meetings and oversee the formation of committees
as necessary to accomplish the purposes of the Nevada Silver Haired Legislative Forum.
(b) A Vice President, who shall assist the President and conduct meetings of the
Nevada Silver Haired Legislative Forum if the President is absent or otherwise unable to perform
his duties.
(c) A Secretary, who shall:
1) Prepare and keep a record of meetings, including, without limitation, the
date, time, place and purpose of every meeting; and
2) At the first meeting of the Nevada Silver Haired Legislative Forum on or
after July 1 of each year, prepare a list of the dates of the meetings that are scheduled for the
year.
(d) A Treasurer, who shall, with the assistance of the Director of the Legislative
Counsel Bureau, administer any account established pursuant to NRS 427A.395.
2. The Director of the Legislative Counsel Bureau shall provide such persons as are
necessary to assist the Nevada Silver Haired Legislative Forum in carrying out its duties.
(Added to NRS by 1997, 2725; A 2001, 3027; 2005, 460)
NRS 427A.380 Public hearings; meetings; formation of committees; compliance with Open
Meeting Law.
1. The Nevada Silver Haired Legislative Forum may, within the limits of legislative
appropriations and any gifts, grants or donations received by the Forum:
(a) During the period in which the Legislature is not in a regular session, hold three or
more public hearings in this State.
(b) During the period in which the Legislature is in a regular session, meet as often as
necessary to conduct the business of the Forum.
(c) Form committees, which may meet as often as necessary to conduct the business
of the Forum.
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2. The Nevada Silver Haired Legislative Forum and its committees shall comply with the
provisions of chapter 241 of NRS.
(Added to NRS by 1997, 2725; A 2001, 3028; 2003, 647; 2005, 461)
NRS 427A.390 Powers.
The Nevada Silver Haired Legislative Forum may:
1. Submit a report containing recommendations for legislative action to the Legislative
Commission and the Governor before September 1 of each even-numbered year.
2. Accept gifts, grants and donations that must be deposited in an account established
pursuant to NRS 427A.395.
3. Adopt procedures to conduct meetings of the Nevada Silver Haired Legislative Forum
and committees thereof. Those procedures may be changed upon approval of a majority vote of
all members of the Nevada Silver Haired Legislative Forum who are present and voting.
(Added to NRS by 1997, 2725; A 2001, 3028; 2005, 461)
NRS 427A.395 Duties concerning money received and expenses incurred.
1. All money received by the Nevada Silver Haired Legislative Forum must be deposited in
a bank, credit union or other financial institution in this state and paid out on its order for its
expenses.
2. All expenses incurred by the Nevada Silver Haired Legislative Forum in carrying out the
provisions of NRS 427A.320 to 427A.400, inclusive, must be paid from an account established
pursuant to subsection 1.
(Added to NRS by 2001, 3026)
NRS 427A.400 Compensation of members.
Within the limits of legislative appropriations, and any gifts, grants and donations, each member
of the Nevada Silver Haired Legislative Forum is entitled to receive for attendance at a meeting
of the Nevada Silver Haired Legislative Forum or a committee thereof the per diem allowance
and travel expenses provided for state officers and employees generally.
(Added to NRS by 1997, 2726; A 2001, 3028)
NRS: CHAPTER 218D – LEGISLATIVE MEASURES AND PROCEDURES
Nevada Revised Statutes 218D.220
NRS 218D.220 Requests from Nevada Silver Haired Legislative Forum.
1. For a regular session, the Nevada Silver Haired Legislative Forum created by
NRS 427A.320 may request the drafting of not more than 1 legislative measure which
relates to matters within the scope of the Forum. The request must be submitted to the
Legislative Counsel on or before September 1 preceding the regular session.
2. A request made pursuant to this section must be on a form prescribed by the Legislative
Counsel. A legislative measure requested pursuant to this section must be prefiled on or before
December 20 preceding the regular session. A legislative measure that is not prefiled on or
before that date shall be deemed withdrawn.
(Added to NRS by 2013, 508)
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