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STATE
OF NEVADA SERVICE
SPECIFICATIONS LEGAL
ASSISTANCE Any exceptions to these Service Specifications must be requested in advance, in writing, and approved by the Deputy Administrator.
To promote
quality of service, the Aging and Disability Services Division (ADSD) has
established service specifications that contain general guidelines. ADSD will
use these service specifications as the basis for assessing program performance.
The service specifications that each grantee must follow consist of GENERAL
REQUIREMENTS, according to the funding source, and SERVICE-SPECIFIC REQUIREMENTS
established for each funded service. SERVICE
DEFINITION: This service provides
assistance, consultation and representation in legal matters to maintain or
improve the quality of life of older persons. SERVICE
CATEGORIES AND UNIT MEASURES: The following service categories and unit measures must be used to document the amount of service provided: Legal Assistance: Provision of legal advice, counseling and/or representation by an attorney or other person acting under the supervision of an attorney. One unit equals one hour of Legal Assistance. GENERAL
REQUIREMENTS: A. Legal services must be provided by, or under the direction of, an attorney admitted to, and in good standing with, the State Bar of Nevada pursuant to SCR 49 et seq. and in accordance with the rules of professional conduct pursuant to SCR 150 et seq. B. A policy shall be written and implemented concerning conflict of interest. This policy shall include a statement that attorneys are prohibited from privately representing any Legal Assistance client while the attorney is employed by, or under contract with, the Legal Assistance program. The policy may include a provision prohibiting representation for a period of one year after termination of employment or contract. C. Legal Assistance providers must maintain malpractice insurance, or be underwritten by a program sponsor approved by the Aging and Disability Services Division, in an amount sufficient to cover any and all potential liabilities, but in no event for an amount less than $250,000 per single occurrence and $500,000 aggregate. SPECIFICATIONS: 1.
Required Services: 1.1 Provide service in the areas of law indicated in Attachment A. A written plan for outreach must be established for the provision of service to homebound individuals, nursing home residents, group care home residents and the vulnerable elderly. 1.2 The Legal Assistance program shall conduct educational presentations to organizations and individuals concerning senior issues. Presentations shall include information about services provided by the Legal Assistance program. 2. Service Prohibitions: 2.1 Legal assistance programs are prohibited from accepting cases that generate fees or handling criminal cases. 3. Documentation: 3.1 Each case record shall contain sufficient documentation of the issues involved, rule or rules of law that apply, analysis undertaken and conclusions derived. If case records are electronic, there should be sufficient information in the client file to allow access to the electronic record. 3.2 Documentation shall be maintained, which annually verifies that each attorney is a member in good standing of the State Bar of Nevada. 3.2 Documentation shall be maintained concerning the educational presentations required in 1.2 above, including the names of organizations, number of individuals attending and the nature of the presentation. 4. Operating Procedures: 4.1 Legal Assistance attorneys must establish written protocols for paralegals to utilize when conducting interviews. 4.2 Legal Assistance program staff must establish a written list of legal resources for client referrals. The list may include Lawyer’s Referral Service, pro bono, and legal service practitioners in specific areas of legal expertise. A referral policy will be established, which at a minimum includes: 4.2.a A “no favoritism” referral approach to rotate providers when there are more than one. 4.2.b A procedure for adding and removing resources from the list. 4.2.c. A procedure to document referrals in client files. 4.3 A policy shall be written and implemented to assure that the conduct of each employee is compatible with the professional obligations of Legal Assistance attorneys and the delivery of legal services. The program must notify the Aging and Disability Services Division if any attorney has been reported to the Nevada State Bar for misconduct and the conclusions of the Bar, including disciplinary actions. 4.4 Legal Assistance providers shall develop a system for tracking assistance, causes, and cases to ensure deadlines are met in a timely fashion and to maintain this information in a database form. It is recommended that the database include: client name, social security number, nature of the case, outcome and referrals, as well as any other pertinent information.
ATTACHMENT A
LEGAL
ASSISTANCE PRIORITIES
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