Nevada Administrative Code

NAC 449.99756 Specialized rehabilitative services. (NRS 439.200, 449.0302, 449.0303) 1. A recovery center shall provide to a patient in the center, according to his or her plan of care developed pursuant to NAC 449.99738, specialized rehabilitative services, including, without li…

NAC 449.99758 Pharmaceutical services; labeling and storage of drugs and biologicals; licensure of pharmacy; chart order signed by prescribing practitioner. (NRS 439.200, 449.0302, 449.0303) 1. A recovery center shall provide such pharmaceutical services, including, without limit…

NAC 449.9976 Laboratory services. (NRS 439.200, 449.0302, 449.0303) 1. A recovery center shall provide laboratory services to meet the needs of the patients admitted to the center or contract with a laboratory to obtain such services. 2. If a recovery center has its own laborator…

NAC 449.99762 Radiological and other diagnostic services. (NRS 439.200, 449.0302, 449.0303) 1. A recovery center shall provide radiological and other diagnostic services to meet the needs of the patients admitted to the center or contract with qualified outside sources to obtain …

NAC 449.9981 List of interested and qualified persons. (NRS 449.0302) The Division may solicit applications from persons interested in being nominated by the Division as receivers whenever receivership proceedings are brought. The Division shall develop and maintain a list of per…

NAC 449.99811 Experience. (NRS 449.0302) 1. In recommending a person or organization to serve as a receiver in a case, the Division shall, if feasible, nominate a receiver who has experience in the delivery of the type of care, treatment or services provided by the facility for w…

NAC 449.99812 Authority. (NRS 449.0302) A receiver appointed pursuant to NAC 449.9981 to 449.99814, inclusive, may exercise such authority as is granted by the court appointing the receiver and as is consistent with the laws governing the authority of a receiver in this State. (A…

NAC 449.99813 Compensation and payment of bond. (NRS 449.0302) The compensation of the receiver and the expense of any bond he or she is required to furnish must be paid from the revenues of the facility for which the receiver is appointed. (Added to NAC by Bd. of Health, eff. 8-…

NAC 449.99814 Operation of facility. (NRS 449.0302) 1. The Bureau shall provide a receiver appointed by the court with a provisional license to operate the facility during the pendency of the receivership. 2. The receiver is responsible to the court for the operation of the facil…

NAC 449.9982 Definitions. (NRS 439.200, 449.0302) As used in NAC 449.9982 to 449.99939, inclusive, unless the context otherwise requires, the words and terms defined in NAC 449.99821 to 449.99841, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by B…

NAC 449.99821 “Ban on admissions” defined. (NRS 449.0302) “Ban on admissions” means a prohibition on the provision of care, treatment or services to recipients who are newly admitted. (Added to NAC by Bd. of Health, eff. 8-1-91)

NAC 449.99822 “Cluster” defined. (NRS 449.0302) “Cluster” means a deficiency that involves the same or similar kinds of care, treatment or services as one or more other deficiencies. (Added to NAC by Bd. of Health, eff. 8-1-91)

NAC 449.99823 “Compliance” and “substantially correct the deficiency” defined. (NRS 449.0302) “Compliance” or “substantially correct the deficiency” means that no major deficiency is present and that effective steps have been taken to resolve all deficiencies. (Added to NAC by Bd…

NAC 449.99824 “Costs” defined. (NRS 449.0302) 1. “Costs” means the expenses of implementing and enforcing administrative sanctions and of bringing an action in a court of competent jurisdiction. 2. The term includes, without limitation, filing fees, fees for service of notices or…

NAC 449.99825 “De minimis deficiency” defined. (NRS 449.0302) “De minimis deficiency” means a deficiency 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, eff. 8-1-91)

NAC 449.998253 “Division of Health Care Financing and Policy” defined. (NRS 449.0302) “Division of Health Care Financing and Policy” means the Division of Health Care Financing and Policy of the Department of Health and Human Services. (Added to NAC by Bd. of Health by R051-02, e…

NAC 449.998255 “Facility” defined. (NRS 449.0302) “Facility” means a medical facility or facility for the dependent. (Added to NAC by Bd. of Health by R131-99, eff. 11-29-99)

NAC 449.99826 “Immediate family” defined. (NRS 449.0302) “Immediate family” means the spouse, parent, child or sibling of a recipient. (Added to NAC by Bd. of Health, eff. 8-1-91)

NAC 449.99827 “Initial deficiency” defined. (NRS 449.0302) 1. “Initial deficiency” means the first occurrence of a deficiency recorded by the Bureau. 2. The term includes any deficiency found during a standard survey, during an extended survey or in response to a complaint. (Adde…

NAC 449.99828 “Major deficiency” defined. (NRS 449.0302) “Major deficiency” means a deficiency with a combined severity and scope rating of five or more. (Added to NAC by Bd. of Health, eff. 8-1-91; A by R051-02, 7-24-2002)

NAC 449.99829 “Medicaid facility” defined. (NRS 449.0302) “Medicaid facility” means a facility that has entered into an agreement to provide care, services or treatment paid under the joint federal-state Medicaid program described in 42 U.S.C. §§ 1396 et seq. (Added to NAC by Bd.…

NAC 449.9983 “Medicare facility” defined. (NRS 449.0302) “Medicare facility” means a facility that has entered into an agreement to provide care, services or treatment paid by Medicare pursuant to 42 U.S.C. §§ 1395 et seq. (Added to NAC by Bd. of Health, eff. 8-1-91)

NAC 449.99832 “Monitor” defined. (NRS 449.0302) “Monitor” means to observe, advise or supervise a facility on an as-needed basis to ensure compliance with the plan of correction for the facility (Added to NAC by Bd. of Health, eff. 8-1-91; A by R051-02, 7-24-2002)

NAC 449.99833 “New admission” defined. (NRS 449.0302) “New admission” means a person who is admitted to the facility on or after the effective date of a ban on admissions and who has not been admitted before or, if previously admitted, has been discharged or left the facility vol…

NAC 449.99834 “Particular kinds of care, treatment or services” defined. (NRS 449.0302) “Particular kinds of care, treatment or services” includes discrete areas such as bowel and bladder training, catheter care, restraints, injections, parenteral fluid administration, tube feedi…

NAC 449.99835 “Plan of correction” defined. (NRS 449.0302) “Plan of correction” means a plan developed by the facility and approved by the Bureau that: 1. Describes the actions to be taken by the facility to correct one or more deficiencies; and 2. Specifies the date by which tho…

NAC 449.99836 “Provider agreement” defined. (NRS 449.0302) “Provider agreement” means an agreement between a facility and: 1. The Centers for Medicare and Medicaid Services, if the facility is a Medicare facility; or 2. The Division of Health Care Financing and Policy, if the fac…

NAC 449.99837 “Repeated deficiency” defined. (NRS 449.0302) “Repeated deficiency” means a deficiency found by the Bureau again within 18 months, including one found at a follow-up survey, an investigation of a complaint or the next annual survey. (Added to NAC by Bd. of Health, e…

NAC 449.99838 “Resurvey” defined. (NRS 449.0302) “Resurvey” means a subsequent survey conducted to evaluate compliance with a plan of correction. (Added to NAC by Bd. of Health, eff. 8-1-91)

NAC 449.99839 “Severity and scope score” defined. (NRS 449.0302) “Severity and scope score” means the sum of the numerical levels of severity and scope assigned to a deficiency. (Added to NAC by Bd. of Health, eff. 8-1-91)

NAC 449.9984 “Subsequent deficiency” defined. (NRS 449.0302) “Subsequent deficiency” means a deficiency found on a resurvey. (Added to NAC by Bd. of Health, eff. 8-1-91)

NAC 449.99841 “Temporary management” defined. (NRS 449.0302) “Temporary management” means the temporary appointment by the Bureau or by a court of competent jurisdiction of a manager or administrator with authority to operate the facility and to hire, terminate or reassign staff,…

NAC 449.99843 Purposes of administrative sanctions. (NRS 449.0302) The purposes of administrative sanctions are to: 1. Safeguard the rights, interests and well-being of recipients, including the protection of recipients from actual or potential harm resulting from deficiencies; 2…

NAC 449.99844 Interpretation of provisions in accordance with federal standards. (NRS 449.0302) With respect to facilities governed by the federal Medicare or Medicaid criteria, the provisions of NAC 449.9982 to 449.99939, inclusive, must be interpreted in accordance with applica…

NAC 449.9985 Authority of Division and Bureau. (NRS 449.0302) Administrative sanctions authorized by NRS 449.163 must be imposed by the Division through the Bureau. (Added to NAC by Bd. of Health, eff. 8-1-91)

NAC 449.99851 Requirement for imposition; optional imposition. (NRS 449.0302, 449.165) At least one administrative sanction must be imposed for each deficiency in any facility with a severity level of four and for each deficiency in any facility with a combined severity and scope…

NAC 449.99852 Requirement for imposition; multiple sanctions. (NRS 449.0302, 449.165) The Bureau must impose at least one of the sanctions listed in NAC 449.99863 upon any facility that has a deficiency with a severity level of four or a combined severity and scope score of six o…

NAC 449.99853 Imposition of one or more sanctions; criteria for imposition of particular sanction. (NRS 449.0302, 449.165) The Bureau may apply one or more sanctions as provided in NAC 449.99863 and 449.99935. If the Bureau chooses to impose a particular sanction, it must be appl…

NAC 449.99854 Imposition in lieu of or in addition to recommendation to terminate provider agreement; duration of sanctions. (NRS 449.0302, 449.165) 1. The Bureau may apply one or more of the sanctions specified in NAC 449.99863 in lieu of or in addition to a recommendation to th…

NAC 449.99855 Imposition in emergencies: Authority; notice. (NRS 449.0302, 449.165) 1. If necessary to protect the public health and safety, the Bureau may impose such sanctions as are necessary without notice to the facility or by oral notice to the facility. 2. If there is an i…

NAC 449.99856 Deficiencies: Basis for imposition of sanctions; reporting; presumption of de minimis deficiency; confidentiality. (NRS 439.200, 449.0302, 449.165) 1. Except as otherwise provided in NAC 449.0108, the Bureau may apply one or more sanctions on the basis of deficienci…

NAC 449.99857 Classifications of severity and scope of deficiencies: Use. (NRS 449.0302, 449.165) In determining the sanctions to be imposed, the Bureau shall consider the severity and scope of the deficiencies according to the classifications of severity and scope described in N…

NAC 449.99858 Scope of violations: Evaluation of representative sample of recipients; size of sample. (NRS 449.0302, 449.165) 1. In determining the scope of a violation, a survey of a facility must evaluate a representative sample of recipients as described in the protocol for th…

NAC 449.99859 Scope of deficiencies: Use of scope scale; basis for assessment. (NRS 449.0302, 449.165) 1. The scope scale must be used to assess the scope of a particular deficiency in or by the facility. 2. The basis for the assessment is the actual or potential harm to recipien…

NAC 449.9986 Scope of deficiencies: Criteria for evaluation. (NRS 449.0302, 449.165) 1. The scope of the deficiencies must be evaluated using the criteria prescribed in this section. 2. A deficiency of scope level one consists of one or an isolated number of unrelated incidents i…

NAC 449.99861 Severity of deficiencies: Use of severity scale; basis for assessment; criteria for evaluation. (NRS 449.0302, 449.165) 1. The severity scale must be used to assess the severity of a particular deficiency pertaining to the facility. The basis for the assessment must…

NAC 449.99862 Presumption when same deficiency found on resurvey; imposition of sanction for subsequent deficiency. (NRS 449.0302, 449.165) If the same deficiency is found on a resurvey, there is a rebuttable presumption that the deficiency continued through the period between th…