Nevada Administrative Code

NAC 449.39544 “Subsequent violation” defined. (NRS 449.4336) “Subsequent violation” means a violation found on a resurvey. (Added to NAC by Bd. of Health by R167-07, eff. 1-30-2008)—(Substituted in revision for NAC 427A.849)

NAC 449.39545 Imposition of sanctions generally. (NRS 449.4336) 1. The Division will impose at least one administrative sanction against an intermediary service organization for each violation by the intermediary service organization with a severity level of four and for each vio…

NAC 449.39546 Minimum sanction to be imposed. (NRS 449.4336) The Division will impose at least one sanction upon any intermediary service organization that has a violation with a severity level of four or a severity and scope score of six or more as determined pursuant to the pro…

NAC 449.39547 Available sanctions. (NRS 449.4321, 449.4335, 449.4336) 1. The Division may apply one or more sanctions as provided in NRS 449.4335, including, without limitation: (a) The imposition of a plan of correction as directed by the Division; (b) The imposition of a ban on…

NAC 449.39548 Duration of sanctions. (NRS 449.4336) Sanctions applied pursuant to NAC 449.39535 to 449.39561, inclusive, may be imposed until substantial compliance is achieved or, if compliance is not achieved, until the day before termination of the certificate becomes effectiv…

NAC 449.39549 Notice of sanction; appointment of temporary manager; ban on enrollment or suspension of certificate authorized in certain circumstances. (NRS 449.4335, 449.4336) 1. The Division will give notice of a sanction to the holder of a certificate by certified mail as requ…

NAC 449.3955 Imposition of one or more sanctions; reporting of violations; presumption of de minimis violation. (NRS 449.4336) 1. The Division may apply one or more sanctions on the basis of violations found during surveys or investigations of complaints conducted by the Division…

NAC 449.39551 Severity and scope of violations to be considered in determining sanctions to be imposed. (NRS 449.4336) In determining the sanctions to be imposed, the Division will consider the severity and scope of the violations according to the classifications of severity and …

NAC 449.39552 Scope of violations: Survey of organization; sampling of clients; use of scope relating to one client authorized. (NRS 449.4336) 1. In determining the scope of a violation by an intermediary service organization, a survey of an intermediary service organization must…

NAC 449.39553 Scope of violations: Use of scope; basis for assessment. (NRS 449.4336) 1. The scope scale must be used to assess the scope of a particular violation by the intermediary service organization. 2. The basis for the assessment is the actual or potential harm to clients…

NAC 449.39554 Scope of violations: Criteria for evaluation. (NRS 449.4336) 1. The scope of the violations must be evaluated using the criteria prescribed in this section. 2. A violation with a scope level of one consists of one or a few unrelated incidents in the sample surveyed.…

NAC 449.39555 Severity of violations: Use of severity scale; basis for assessment; criteria for evaluation. (NRS 449.4336) 1. The severity scale must be used to assess the severity of a particular violation pertaining to the intermediary service organization. The basis for the as…

NAC 449.39556 Subsequent violation on resurvey: Rebuttable presumption; imposition of sanction. (NRS 449.4336) If the same violation is found on a resurvey, there is a rebuttable presumption that the violation continued through the period between the survey and resurvey. A sancti…

NAC 449.39557 Determination of sanctions: Initial assessment. (NRS 449.4336) The Division will initially assess individual violations or clusters of violations according to the following initial factors: 1. The presence or absence of an immediate and serious threat to the health …

NAC 449.39558 Determination of sanctions: Secondary factors to be considered. (NRS 449.4336) After the initial assessment, the Division will consider the following secondary factors in determining the sanction to impose: 1. The relationship of one violation or cluster of violatio…

NAC 449.39559 Determination of sanctions: Basis for selection; restrictions upon service and monetary penalties presumed to be most effective. (NRS 449.4336) The selection of a sanction must be based upon the nature of the violations or cluster of violations and the sanction most…

NAC 449.3956 Plan of correction: Development by intermediary service organization; authority of Division when plan is not acceptable; effect of failure to submit plan. (NRS 449.4336) 1. The intermediary service organization shall develop a plan of correction for each violation an…

NAC 449.39561 Monetary penalties: Determination of initial penalty; daily penalties; maximum total penalties. (NRS 449.4335, 449.4336) 1. In determining the amount of an initial monetary penalty, the Division will consider the severity alone if the severity level is four. In dete…

NAC 449.39565 Definitions. (NRS 449.0302) As used in NAC 449.39565 to 449.39591, inclusive, unless the context otherwise requires, the words and terms defined in NAC 449.39567 to 449.39575, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Bd. of H…

NAC 449.39567 “Client” defined. (NRS 449.0302) “Client” means a person who receives the services of a community health worker. (Added to NAC by Bd. of Health by R133-15, eff. 12-19-2017)

NAC 449.39569 “Continuing education” defined. (NRS 449.0302) “Continuing education” means a course of study or training that is designed to develop and enhance the knowledge, skills and competency of a community health worker with regard to providing the services of a community h…

NAC 449.39571 “Representative of the client” defined. (NRS 449.0302) “Representative of the client” means the spouse of a client, a parent or stepparent of a client who is a minor, the legal guardian of a client and any other person required by law to provide medical support to a…

NAC 449.39573 “Service plan” defined. (NRS 449.0302) “Service plan” means a plan which includes a written description of the needs of a client for the services of a community health worker and which specifies the tasks that a community health worker is authorized to provide for t…

NAC 449.39575 “Services of a community health worker” defined. (NRS 449.0302) “Services of a community health worker” means the services provided by a community health worker at the direction of a community health worker pool which may include, without limitation, outreach, commu…

NAC 449.39577 Location to which license applies; name of administrator to appear on license; liability coverage. (NRS 449.0302) 1. Except as otherwise provided in this subsection, each license issued to operate a community health worker pool is separate and distinct and is issued…

NAC 449.39579 Qualifications and duties of administrator; access to records in absence of administrator. (NRS 449.0302) 1. The administrator of a community health worker pool must: (a) Be at least 18 years of age; (b) Have a high school diploma or its equivalent; (c) Be responsib…

NAC 449.39581 Written policies and procedures. (NRS 449.0302) A community health worker pool shall maintain written policies and procedures concerning the qualifications, responsibilities and conditions of employment for each community health worker and other members of the staff…

NAC 449.39583 Qualifications of community health worker. (NRS 449.0302) Each community health worker employed or retained pursuant to a contract by a community health worker pool must: 1. Be at least 18 years of age; 2. Demonstrate the ability to provide the services of a communi…

NAC 449.39585 Personnel files for community health workers. (NRS 449.0302) 1. A separate personnel file must be kept for each community health worker employed or retained pursuant to a contract by a community health worker pool and must include, without limitation: (a) The name, …

NAC 449.39587 Training and evaluation of community health workers. (NRS 449.0302) 1. Each community health worker employed or retained pursuant to a contract by a community health worker pool shall: (a) Obtain a working knowledge of the provisions of this chapter which govern the…

NAC 449.39589 Rights of clients: Duties of administrator; provision of written description to clients. (NRS 449.0302) 1. The administrator of a community health worker pool shall ensure that a client is not prohibited from speaking to any person who advocates for the rights of th…

NAC 449.39591 Initial screening of client. (NRS 449.0302) The administrator of a community health worker pool or the administrator’s designee shall conduct an initial screening to evaluate each prospective client’s requests for the services of a community health worker and to dev…

NAC 449.396 Definitions. (NRS 439.200, 449.0302, 449.0304) As used in NAC 449.396 to 449.3982, inclusive, the words and terms defined in NAC 449.3961 to 449.3968, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Bd. of Health by R182-07, eff. 1-30…

NAC 449.3961 “Activities of daily living” defined. (NRS 449.0302) “Activities of daily living” means the activities listed in NRS 449.0021. (Added to NAC by Bd. of Health by R182-07, eff. 1-30-2008)

NAC 449.3962 “Agency” defined. (NRS 449.0302) “Agency” means an agency to provide personal care services in the home as defined in NRS 449.0021. (Added to NAC by Bd. of Health by R182-07, eff. 1-30-2008)

NAC 449.3963 “Attendant” defined. (NRS 449.0302) “Attendant” means a person who is employed by or retained pursuant to a contract by an agency for the purpose of providing personal care services to a client. (Added to NAC by Bd. of Health by R182-07, eff. 1-30-2008)

NAC 449.3964 “Client” defined. (NRS 449.0302) “Client” means an elderly person or a person with a disability who desires the provision of personal care services in the home in which the person lives. (Added to NAC by Bd. of Health by R182-07, eff. 1-30-2008)

NAC 449.3965 “Personal care services” defined. (NRS 449.0302) “Personal care services” means the nonmedical services described in NRS 449.0021. (Added to NAC by Bd. of Health by R182-07, eff. 1-30-2008)

NAC 449.3966 “Representative of the client” defined. (NRS 449.0302) “Representative of the client” means the spouse of a client, a parent or stepparent of a client who is a minor, the legal guardian of a client and any other person required by law to provide medical support to a …

NAC 449.3967 “Service plan” defined. (NRS 449.0302) “Service plan” means a plan which includes a written description of the needs of a client for personal care services and which specifies the tasks that an attendant is authorized to provide for the client. (Added to NAC by Bd. o…

NAC 449.3968 “Work station” defined. (NRS 449.0302) “Work station” means a satellite office of an agency that is established for the sole purposes of providing a location where copies of records may be sent to an agency and providing a location from which an attendant may work to…

NAC 449.3972 Location to which license applies; agency to retain proof of liability coverage and compliance with certain statutory provisions. (NRS 449.0302) 1. Except as otherwise provided in this subsection, each license issued to operate an agency is separate and distinct and …

NAC 449.3973 Qualifications and duties of administrator; appointment of designee to act in administrator’s absence. (NRS 439.200, 449.0302) 1. The administrator of an agency must: (a) Be at least 18 years of age; (b) Have a high school diploma or its equivalent; (c) Be responsibl…

NAC 449.39735 Training of employees: Provision or arranging for provision of training; costs; payment of salary or hourly wage; exceptions; documentation. (NRS 439.200, 449.0302) 1. To comply with the requirements of paragraph (a) of subsection 2 of NAC 449.3973 concerning the tr…

NAC 449.3974 Maintenance of policies and procedures concerning qualifications, responsibilities and conditions of employment for staff members. (NRS 449.0302) An agency shall maintain written policies and procedures concerning the qualifications, responsibilities and conditions o…

NAC 449.3975 Attendants: Qualifications; annual training. (NRS 449.0302) Each attendant of an agency must: 1. Be at least 18 years of age; 2. Be responsible and mature and have the personal qualities which will enable the attendant to understand the problems of elderly persons an…

NAC 449.3976 Attendants: Maintenance of personnel file; evaluation of competency. (NRS 449.0302) 1. A separate personnel file must be kept for each attendant of an agency and must include, without limitation: (a) The name, address and telephone number of the attendant; (b) The da…