Nevada Administrative Code

NAC 449.385 Surgical services. (NRS 449.0302) 1. If a hospital provides surgical services, the services must be well-organized and provided in accordance with nationally recognized standards of practice. If outpatient surgical services are offered, the services must be consistent…

NAC 449.388 Anesthesia services. (NRS 449.0302) 1. If a hospital furnishes anesthesia services, the services must be provided in a well-organized manner under the direction of a qualified doctor of medicine or osteopathy. The service is responsible for all anesthesia administered…

NAC 449.389 Respiratory care services. (NRS 449.0302) A hospital shall meet the needs relating to respiratory care of its patients in accordance with nationally recognized standards of practice. If the hospital has a unit to provide respiratory care services: 1. The director of t…

NAC 449.391 Dental services. (NRS 449.0302) 1. If a hospital provides dental services, the services must be well-organized and provided in accordance with nationally recognized standards of practice. 2. The dental service must be under the direct supervision of a dentist, who has…

NAC 449.394 Psychiatric services. (NRS 439.200, 449.0302) 1. A hospital which has a designated area set aside for use on a continuous basis for the treatment and care of psychiatric patients is deemed to operate a psychiatric service and shall comply with the requirements in this…

NAC 449.395 Definitions. (NRS 439.200, 449.4308, 449.4309, 449.4311, 449.4327) As used in NAC 449.395 to 449.39561, inclusive, unless the context otherwise requires, the words and terms defined in NAC 449.39501 to 449.39508, inclusive, have the meanings ascribed to them in those …

NAC 449.39501 “Certificate” defined. (NRS 449.4308, 449.4311, 449.4327) “Certificate” means a certificate to operate an intermediary service organization issued by the Division pursuant to the provisions of NRS 449.4304 to 449.4339, inclusive, and NAC 449.395 to 449.39524, inclus…

NAC 449.39502 “Client” defined. (NRS 449.4308, 449.4311, 449.4327) “Client” means a person with a disability who seeks or receives personal assistance in his or her home or other location where a person with a disability receives personal assistance, including, without limitation…

NAC 449.39503 “Intermediary service organization” defined. (NRS 449.4308, 449.4311, 449.4327) 1. “Intermediary service organization” has the meaning ascribed to it in NRS 449.4304. 2. The term does not include an organized group of persons composed of the family and friends of a …

NAC 449.39504 “Managing employer” defined. (NRS 449.4308, 449.4311, 449.4327) “Managing employer” means the person who selects, sets the schedule for and directs the training of a personal assistant. (Added to NAC by Bd. of Health by R167-07, eff. 1-30-2008)—(Substituted in revis…

NAC 449.39505 “Other responsible person” defined. (NRS 449.4308, 449.4311, 449.4327) “Other responsible person” has the meaning ascribed to it in NRS 449.4308. (Added to NAC by Bd. of Health by R167-07, eff. 1-30-2008)—(Substituted in revision for NAC 427A.808)

NAC 449.39506 “Personal assistance” defined. (NRS 449.4308, 449.4327) “Personal assistance” has the meaning ascribed to it in NRS 449.4308. (Added to NAC by Bd. of Health by R167-07, eff. 1-30-2008)—(Substituted in revision for NAC 427A.809)

NAC 449.39507 “Personal assistant” defined. (NRS 449.4308, 449.4327) “Personal assistant” has the meaning ascribed to it in NRS 449.4308. (Added to NAC by Bd. of Health by R167-07, eff. 1-30-2008)—(Substituted in revision for NAC 427A.810)

NAC 449.39508 “Guardian” interpreted. (NRS 449.4308, 449.4327) As used in subparagraph (2) of paragraph (a) of subsection 2 of NRS 449.4308, the Division will interpret the term “guardian” to include, without limitation, any person who is legally responsible for a person with a d…

NAC 449.3951 Form of application; written verification for submission of fingerprints. (NRS 449.4311, 449.4321, 449.4327) 1. The Division will prescribe the form for an application to apply for a certificate. 2. An applicant for a certificate must submit with his or her applicati…

NAC 449.39511 Application for certificate and renewal: Fees. (NRS 449.4311, 449.4314, 449.4319) 1. An applicant for a certificate must pay to the Division, at the time of application, a nonrefundable fee of $2,748. 2. An applicant for the renewal of a certificate must pay to the …

NAC 449.39512 Application for certificate and renewal: Proof of insurance coverage. (NRS 449.4311, 449.4327) An applicant for a certificate and for the renewal of a certificate must provide to the Division with the initial application for a certificate, with the application for r…

NAC 449.39513 Applicability of certificate; specification of primary location; records. (NRS 449.4311, 449.4318, 449.4327) 1. Each certificate must be separate and issued to a specific person or persons to operate the intermediary service organization. The name of the person resp…

NAC 449.39514 Issuance of provisional certificate. (NRS 449.4324) 1. The Division may issue a provisional certificate to an intermediary service organization pursuant to NRS 449.4324 if the Division determines that the intermediary service organization is substantially, but not f…

NAC 449.39515 Operation of intermediary service organization and agency to provide personal care services in the home. (NRS 449.4308, 449.4327) 1. A person may operate an intermediary service organization and an agency to provide personal care services in the home if the person: …

NAC 449.39516 Duties and responsibilities. (NRS 449.4308, 449.4327) 1. An intermediary service organization shall ensure that each client of the intermediary service organization and personal assistant employed by the intermediary service organization is aware of and understands:…

NAC 449.39517 Personal assistants: Qualifications; maintenance and availability of personnel files. (NRS 449.4308, 449.4327, 449.4329, 449.433) 1. Each personal assistant employed by an intermediary service organization must: (a) Be at least 18 years of age; (b) Demonstrate the a…

NAC 449.39518 Personal assistants: Results of reports on criminal history. (NRS 449.4308, 449.4327, 449.4329) Upon receiving a report concerning any records of criminal history of a personal assistant from the Central Repository for Nevada Records of Criminal History pursuant to …

NAC 449.395185 Personal assistants: Performance of certain tasks. (NRS 439.200, 449.4308, 449.4309, 449.4327) 1. A personal assistant may perform a task described in NRS 449.4309 if the personal assistant: (a) Before performing the task, annually thereafter and when any device us…

NAC 449.39519 Client to serve as managing employer and provide training to personal assistant; reporting of training to organization. (NRS 449.4308, 449.4327) 1. The client of an intermediary service organization must serve as the managing employer of the personal assistant and m…

NAC 449.3952 Additional training to be provided by intermediary service organization. (NRS 439.200, 449.4308, 449.4309, 449.4327) An intermediary service organization shall make available to a personal assistant employed by the intermediary service organization all training requi…

NAC 449.39521 Visits and telephone interviews with clients. (NRS 449.4308, 449.4327) 1. Except as otherwise provided in subsection 3, an intermediary service organization shall, not less than once every 6 months, conduct a visit of the residence of the person with a disability or…

NAC 449.39522 Written statement of services provided to clients. (NRS 449.4308, 449.4327) 1. An intermediary service organization shall provide to each client for his or her signature a written statement which contains a description of the services provided by the intermediary se…

NAC 449.39523 Discussion of services provided to clients. (NRS 449.4308, 449.4327) 1. An intermediary service organization shall discuss with each potential client before providing services: (a) The planned training to be provided by the intermediary service organization to the p…

NAC 449.39524 Rights of person with a disability receiving services. (NRS 449.4308, 449.4327) 1. An intermediary service organization shall ensure that a person with a disability who receives services from the intermediary service organization or, as applicable, other responsible…

NAC 449.39525 Request for administrative review of complaint. (NRS 449.4337) 1. An applicant for a certificate to operate an intermediary service organization or a person who is certified to operate an intermediary service organization may submit a written request to the Administ…

NAC 449.39526 Scheduling of administrative review. (NRS 449.4337) The Administrator or the Administrator’s designee shall conduct an administrative review at a time and place which is reasonable for the parties. Unless otherwise scheduled to accommodate the complainant, the Admin…

NAC 449.39527 Conduct of administrative review. (NRS 449.4337) An administrative review must be: 1. Conducted informally without attorneys or witnesses. 2. Based on the record available, except that the complainant may, upon the complainant’s request, appear and present additiona…

NAC 449.39528 Issuance of written decision following administrative review. (NRS 449.4337) 1. Not later than 15 days after an administrative review, the Administrator or the Administrator’s designee shall issue a written decision, including the findings of fact and conclusions of…

NAC 449.39529 Request for hearing. (NRS 449.4337) 1. Not later than 15 days after receipt of a written decision on a complaint, a complainant may submit a written request to the Administrator for a hearing on the complaint. The request must be mailed to the Administrator by certi…

NAC 449.395295 Hearings: Scheduling; notice. (NRS 449.4337) 1. Not later than 30 days after the Administrator receives a written request for a hearing, a hearing officer appointed by the senior hearing officer of the Hearings Division of the Department of Administration shall con…

NAC 449.3953 Hearings: Representation; evidence; rights of parties. (NRS 449.4337) 1. The complainant may be represented at the hearing by an attorney or another person designated by the complainant. 2. The hearing officer is not bound by the technical rules of evidence. Decision…

NAC 449.39531 Resolution of complaint. (NRS 449.4337) Unless otherwise provided by statute, a complaint may be resolved by arbitration, mutual agreement of the parties, settlement, consent decree or default of a party. (Added to NAC by Aging & Disability Services Div. by R197-09,…

NAC 449.39532 Final decision of hearing officer; request for judicial review. (NRS 449.4337) 1. A final decision by a hearing officer on a complaint must be in writing or stated in the record. A final decision must include findings of fact and conclusions of law. Findings of fact…

NAC 449.39533 Record of hearing. (NRS 449.4337) The record of the hearing must include: 1. The transcript of the oral testimony provided at the hearing; 2. All pleadings and motions filed by the parties; 3. Any rulings made by the hearing officer, including rulings on offers of p…

NAC 449.39534 Provision of transcript of oral proceedings of hearing. (NRS 449.4337) Upon request of a party, the Division will provide a transcript of the oral proceedings of the hearing. The Division may require payment of the cost incurred for providing the transcript. (Added …

NAC 449.39535 Definitions. (NRS 449.4336) As used in NAC 449.39535 to 449.39561, inclusive, unless the context otherwise requires, the words and terms defined in NAC 449.39536 to 449.39544, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Bd. of H…

NAC 449.39536 “Ban on enrollment” defined. (NRS 449.4336) “Ban on enrollment” means a prohibition on the provision of services to clients who are newly enrolled. (Added to NAC by Bd. of Health by R167-07, eff. 1-30-2008)—(Substituted in revision for NAC 427A.841)

NAC 449.39537 “Cluster” defined. (NRS 449.4336) “Cluster” means a violation that involves the same or similar kinds of services as one or more other violations. (Added to NAC by Bd. of Health by R167-07, eff. 1-30-2008)—(Substituted in revision for NAC 427A.842)

NAC 449.39538 “Compliance” defined. (NRS 449.4336) “Compliance” means that no major violation is present and that effective steps have been taken to resolve all violations. (Added to NAC by Bd. of Health by R167-07, eff. 1-30-2008)—(Substituted in revision for NAC 427A.843)

NAC 449.39539 “De minimis violation” defined. (NRS 449.4336) “De minimis violation” means a violation rated at a severity level of one or two and at a scope level of one or two. (Added to NAC by Bd. of Health by R167-07, eff. 1-30-2008)—(Substituted in revision for NAC 427A.844)

NAC 449.3954 “Major violation” defined. (NRS 449.4336) “Major violation” means a violation with a severity and scope score of five or more. (Added to NAC by Bd. of Health by R167-07, eff. 1-30-2008)—(Substituted in revision for NAC 427A.845)