CHAPTER 449 - MEDICAL FACILITIES AND OTHER RELATED ENTITIES

NAC 449.826 Duties of provider. (NRS 433.324, 439.200, 449.0302) A provider shall: 1. Comply with any state or federal statute or regulation as required for the Division to receive state or federal money for the provision of services, including, without limitation, any standard o…

NAC 449.828 Policies and procedures of governmental or organizational provider. (NRS 433.324, 433.609, 439.200, 449.0302) If a provider is a governmental entity or an organization, it shall, in conformance with the provisions of this chapter and chapter 449 of NRS, establish poli…

NAC 449.829 Initial and periodic investigations of employee, independent contractor or adult present during provision of services; termination of employment, contract or authority to be present for conviction of certain crimes; period in which to correct information regarding con…

NAC 449.831 Required certifications and courses for employee or independent contractor who provides services. (NRS 439.200, 449.0302) Each employee or independent contractor of a provider who provides services must: 1. Be currently certified in standard first aid through a course…

NAC 449.832 Arrangements for services from specially trained persons; determination of need for such services. (NRS 433.324, 433.609, 439.200, 449.0302) 1. A provider shall make arrangements for obtaining services from persons professionally qualified in the field of psychiatric …

NAC 449.834 Financial plan; financial records; financial report. (NRS 433.324, 433.609, 439.200, 449.0302) A provider shall: 1. Develop and maintain a financial plan which ensures that there are sufficient resources to meet the costs for care of the persons receiving services fro…

NAC 449.835 Assessment of need for services; maintenance of findings of assessment; establishment of individual support team and permanent individualized plan; acceptance of person before assessment in urgent situation. (NRS 433.324, 433.609, 433.806, 439.200, 449.0302) 1. Except…

NAC 449.837 Contract for provision of services. (NRS 433.324, 433.609, 439.200, 449.0302) A provider shall enter into a written contract for the provision of services with each person who will receive services or his or her parent or guardian, if applicable, and, if the person is…

NAC 449.8385 Training for providers and employees; exception. (NRS 439.200, 449.0302) 1. Except as otherwise provided in subsection 2, a natural person responsible for the operation of a provider of community-based living arrangement services and each employee of a provider of co…

NAC 449.840 Record regarding recipient of services: Contents; maintenance; availability for review by recipient or guardian. (NRS 433.324, 433.609, 439.200, 449.0302) A provider shall keep a separate record regarding each person for whom services are provided. Each such record mu…

NAC 449.841 Record regarding recipient of services: Retention; availability for review by representatives of Department of Health and Human Services. (NRS 433.324, 433.609, 439.200, 449.0302) 1. A provider shall retain the original records of each person who receives services fro…

NAC 449.8415 Logs and records of medication; administration of over-the-counter medications and dietary supplements. (NRS 439.200, 449.0302) 1. A provider who operates a facility that provides assistance to residents in the administration of medications shall maintain: (a) A log …

NAC 449.843 Rights of recipient of services. (NRS 433.324, 433.609, 439.200, 449.0302) 1. Any person who receives services has the same rights that are afforded to a consumer by chapter 433 of NRS and any regulations adopted pursuant thereto. 2. A person has the right to file a c…

NAC 449.844 Facilities: Ownership or lease by operator; limitation on number of residents; compliance with certain state and local requirements. (NRS 439.200, 449.0302) 1. A facility must be owned or leased by the provider who operates the facility. 2. A provider who operates a f…

NAC 449.846 Facilities: Occupancy, size, furnishings and use of bedrooms; use of certain rooms or bedrooms prohibited. (NRS 439.200, 449.0302) 1. A provider shall not authorize a resident to share a room in a facility with more than one other resident. A bedroom that is occupied …

NAC 449.847 Facilities: Common areas; dining areas; kitchens; storage of food. (NRS 439.200, 449.0302) 1. A provider who operates a facility shall: (a) Furnish each common area with comfortable furniture. (b) Provide a dining area with a sufficient number of tables and chairs to …

NAC 449.849 Facilities: Maintenance of premises. (NRS 439.200, 449.0302) A provider who operates a facility shall ensure that: 1. The facility has a safe and sufficient supply of water, adequate drainage and an adequate system for the disposal of sewage. 2. Each faucet for a sink…

NAC 449.850 Facilities: Fire safety. (NRS 439.200, 449.0302) A provider who operates a facility shall ensure that: 1. Portable multipurpose class ABC fire extinguishers are installed throughout the facility at the direction of the governmental entity that has jurisdiction over fi…

NAC 449.852 Facilities: Policy concerning visitation; presence of minor child of provider or employee prohibited; visitation by child of resident. (NRS 439.200, 449.0302) 1. A provider who operates a facility: (a) Shall maintain a policy concerning visitation by family, friends o…

NAC 449.853 Quality assurance review; report and correction of violation. (NRS 433.324, 433.609, 433.613, 439.200, 449.0302) 1. The Division: (a) May conduct a quality assurance review at any time during the licensure of a provider; and (b) Shall conduct a quality assurance revie…

NAC 449.855 Authorized actions of Division upon determination of deficiencies; plans of correction; grounds for sanctions; authorized sanctions. (NRS 433.324, 433.609, 433.613, 439.200, 449.0302) 1. If the Division determines pursuant to a quality assurance review that there are …

NAC 449.856 Grounds for revocation of provisional license or license. (NRS 433.324, 439.200, 449.0302) Each of the following acts and omissions is a ground for revocation of a provisional license or license: 1. Any misrepresentation of or failure to disclose any material fact in …

NAC 449.858 Notice of intent to revoke provisional license or license. (NRS 433.324, 439.200, 449.0302) The Division shall give a provider written notice of any intended action to revoke the provisional license or license of the provider as prescribed by NAC 439.345. (Added to NA…

NAC 449.859 Immediate termination of provision of services. (NRS 433.324, 433.609, 439.200, 449.0302) If a revocation of the provisional license or the license of a provider is pending and the Division determines that the grounds for the revocation place any person at an imminent…

NAC 449.861 Appeal. (NRS 433.324, 433.609, 439.200, 449.0302) 1. If a provider is aggrieved by any sanction imposed pursuant to NAC 449.855 or any decision concerning the denial, suspension or revocation of a provisional license or license, the provider may submit a request for a…

NAC 449.870 Definitions. (NRS 439.200, 449.03005) As used in NAC 449.870 to 449.882, inclusive, the words and terms defined in NAC 449.871 to 449.876, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Bd. of Health by R109-18, eff. 1-30-2019)

NAC 449.871 “Attendant” defined. (NRS 439.200, 449.03005) “Attendant” means a person who is employed by or retained pursuant to a contract by an employment agency for the purpose of providing nonmedical services to a client. (Added to NAC by Bd. of Health by R109-18, eff. 1-30-20…

NAC 449.873 “Client” defined. (NRS 439.200, 449.03005) “Client” means an elderly person or a person with a disability who seeks to receive or receives nonmedical services in the home in which the person lives. (Added to NAC by Bd. of Health by R109-18, eff. 1-30-2019)

NAC 449.874 “Employment agency” defined. (NRS 439.200, 449.03005) “Employment agency” means an employment agency to provide nonmedical services. (Added to NAC by Bd. of Health by R109-18, eff. 1-30-2019)

NAC 449.876 “Nonmedical services” defined. (NRS 439.200, 449.03005) “Nonmedical services” means “nonmedical services related to personal care to elderly persons or persons with disabilities,” as that term is defined in NRS 449.01517. (Added to NAC by Bd. of Health by R109-18, eff…

NAC 449.877 Designation of primary place of business on license; operation of multiple work stations; licensee’s name to appear on face of license; liability coverage required. (NRS 439.200, 449.03005) 1. Except as otherwise provided in this subsection, each license issued to ope…

NAC 449.879 Qualifications and duties of administrator. (NRS 439.200, 449.03005) 1. Each employment agency shall appoint an administrator who: (a) Is at least 18 years of age; (b) Has a high school diploma or its equivalent; (c) Is responsible and mature and exhibits empathy, lis…

NAC 449.880 Qualifications of attendant; required training. (NRS 439.200, 449.03005) Each attendant of an employment agency must: 1. Be at least 18 years of age; 2. Provide to the Division, upon request, documentation that the attendant has taken the tests and obtained the certif…

NAC 449.882 Duties of employment agency. (NRS 439.200, 449.03005) An employment agency shall: 1. Provide any records of the employment agency to the Division upon request, including, without limitation, as part of an investigation of a complaint; 2. Evaluate each attendant to det…

NAC 449.939 Definitions. (NRS 439.200, 449.0302) As used in NAC 449.939 to 449.948, inclusive, unless the context otherwise requires, the words and terms defined in NAC 449.941 to 449.945, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Bd. of He…

NAC 449.941 “CARA Plan of Care” defined. (NRS 439.200, 449.0302) “CARA Plan of Care” means a plan that is established pursuant to NAC 449.947 for the care of an infant who has a fetal alcohol spectrum disorder, has been affected by a prenatal substance use disorder or is experien…

NAC 449.942 “Infant” defined. (NRS 439.200, 449.0302) “Infant” means a child who is less than 1 year of age. (Added to NAC by Bd. of Health by R133-18, eff. 12-19-2018)

NAC 449.944 “Medical facility” defined. (NRS 439.200, 449.0302) “Medical facility” means a hospital or an obstetric center. (Added to NAC by Bd. of Health by R133-18, eff. 12-19-2018)

NAC 449.945 “Provider of health care” defined. (NRS 439.200, 449.0302) “Provider of health care” has the meaning ascribed to it in NRS 629.031. (Added to NAC by Bd. of Health by R133-18, eff. 12-19-2018)

NAC 449.947 Establishment and contents of plan; use of form; provision of copy to parent or guardian and Division. (NRS 439.200, 449.0302) 1. A provider of health care who delivers or provides medical services to an infant in a medical facility and who, in his or her professional…

NAC 449.948 Duties of Division; confidentiality and protection of plans and related information. (NRS 439.200, 449.0302) 1. The Division shall: (a) Monitor, in accordance with 42 U.S.C. § 5106a(b)(2)(B)(iii)(II), the implementation of each CARA Plan of Care that it receives pursu…

NAC 449.951 Definitions. (NRS 449.460) As used in NAC 449.951 to 449.969, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449.450 have the meanings ascribed to them in that section. (Added to NAC by Dep’t of Human Resources, eff. 4-29-86; A 1-…

NAC 449.953 Annual fee for insurers: Amount; notice; administrative fine for failure to pay. (NRS 449.460, 449.465) 1. Each admitted health insurer shall pay an annual fee to cover the costs of carrying out the provisions of NRS 449.450 to 449.530, inclusive, and for the support …

NAC 449.957 Hospitals to file certain reports; certification; exception; extension. (NRS 449.460, 449.490) 1. Except as otherwise provided in subsection 3, every hospital shall file with the Department the following reports: (a) A copy of the hospital’s Medicare Cost Report withi…

NAC 449.960 Hospitals to submit quarterly financial and utilization report; certification; extension. (NRS 449.460, 449.490) 1. Each hospital shall submit for each calendar quarter a completed financial and utilization report on a form prepared and distributed by the Department. …

NAC 449.962 Facility for intermediate care or facility for skilled nursing to submit quarterly financial and utilization report; certification; extension. (NRS 449.460) 1. Each facility for intermediate care or facility for skilled nursing shall submit for each calendar quarter a…

NAC 449.9625 Institution to submit quarterly financial and utilization report; certification; extension; exception. (NRS 449.460) 1. Except as otherwise provided in subsection 5, each institution shall submit for each calendar quarter a completed financial and utilization report …