Nevada Administrative Code

NAC 449.999468 Severity of deficiencies: Use of severity scale; basis for assessment; criteria for evaluation. (NRS 449.447, 449.448) 1. The severity scale must be used to assess the severity of a particular deficiency pertaining to the outpatient facility. The basis for the asse…

NAC 449.999469 Presumption when same deficiency found on subsequent inspection; imposition of sanction for subsequent deficiency. (NRS 449.447, 449.448) If the same deficiency is found during a subsequent inspection conducted to evaluate compliance with a plan of correction, ther…

NAC 449.99947 Available sanctions. (NRS 449.447, 449.448) The sanctions available for all outpatient facilities include: 1. The assessment of monetary penalties; and 2. The denial, suspension or revocation of the permit for the outpatient facility. (Added to NAC by Bd. of Health …

NAC 449.999471 Determination of appropriate sanction: Procedure. (NRS 449.447, 449.448) To determine the appropriate sanction, the Bureau shall follow the procedures set forth in NAC 449.99945 to 449.999489, inclusive. (Added to NAC by Bd. of Health by R179-09, eff. 7-22-2010)

NAC 449.999472 Determination of appropriate sanction: Initial assessment. (NRS 449.447, 449.448) The Bureau shall initially assess individual deficiencies or clusters of deficiencies according to the following initial factors: 1. The presence or absence of an immediate and seriou…

NAC 449.999473 Determination of appropriate sanction: Consideration of secondary factors. (NRS 449.447, 449.448) After the initial assessment, the Bureau shall consider the following secondary factors in determining the sanction to impose: 1. The relationship of one deficiency or…

NAC 449.999474 Determination of appropriate sanction: Basis for selection; presumption for monetary penalties. (NRS 449.447, 449.448) 1. The selection of a sanction must be based upon the nature of the deficiencies or cluster of deficiencies and the sanction most likely to correc…

NAC 449.999475 Plan of correction: Development and submission of plan; authority of Bureau when plan is not acceptable; effect of failure to submit plan. (NRS 449.447, 449.448) 1. The outpatient facility shall develop a plan of correction for each deficiency and submit the plan t…

NAC 449.999476 Monetary penalties: Criteria for imposition; imposition of initial and daily penalties; exception for de minimis deficiency. (NRS 449.447, 449.448) 1. Except as otherwise provided in subsection 4, the Bureau may impose a monetary penalty including interest thereon …

NAC 449.999477 Monetary penalties: Imposition of initial penalty pending hearing or appeal; stay of payment of penalties pending appeal. (NRS 449.447, 449.448) 1. The Bureau shall impose an initial monetary penalty pending a hearing or appeal. The payment of the initial penalty m…

NAC 449.999478 Monetary penalties: Procedure for imposition; interest on total penalty assessed. (NRS 449.447, 449.448) 1. If the Bureau imposes a monetary penalty, the penalty must be imposed as provided in NAC 449.999478 to 449.999482, inclusive. 2. In imposing the monetary pen…

NAC 449.999479 Monetary penalties: Determination of amount of penalties. (NRS 449.447, 449.448) 1. In determining the amount of an initial monetary penalty, the Bureau shall consider the severity alone if the severity level is four. In determining the amount of the monetary penal…

NAC 449.99948 Monetary penalties: Increase in penalty for repeated deficiencies or falsely alleged compliance. (NRS 449.447, 449.448) 1. Penalties must be increased for repeated deficiencies or if compliance is falsely alleged. 2. For each repeat deficiency present within 18 mont…

NAC 449.999481 Monetary penalties: Presumption regarding deficiencies identified on subsequent inspection. (NRS 449.447, 449.448) There is a rebuttable presumption that deficiencies identified on a subsequent inspection conducted to evaluate compliance with a plan of correction w…

NAC 449.999482 Monetary penalties: Reduction of penalty. (NRS 449.447, 449.448) If an outpatient facility against which a monetary penalty is imposed: 1. Waives the right to a hearing; 2. Corrects the deficiencies that were the basis for the sanction; and 3. Pays the monetary pen…

NAC 449.999483 Monetary penalties: Effective beginning date. (NRS 449.447, 449.448) The effective beginning date of a daily monetary penalty is: 1. In the case of an immediate and serious threat, the date the deficiency occurred; or 2. In any other case, the day the deficiency is…

NAC 449.999484 Monetary penalties: Date and period of computation; notice to outpatient facility. (NRS 449.447, 449.448) 1. Daily penalties and interest must be computed after compliance has been verified or the outpatient facility has been sent notice of termination of a permit.…

NAC 449.999485 Monetary penalties: Termination of daily penalties. (NRS 449.447, 449.448) 1. The daily accrual of a monetary penalty must end if the outpatient facility demonstrates that deficiencies have been corrected and that the health, safety and well-being of patients are a…

NAC 449.999486 Monetary penalties: Time for payment. (NRS 449.447, 449.448) 1. Initial monetary penalty assessment payments are due within 15 days after the notice of the penalty and must be paid irrespective of any administrative appeal. 2. The daily monetary penalty is due and …

NAC 449.999487 Recovery of expenses incurred by Bureau or Division for implementing and enforcing administrative penalties, bringing actions for enforcement and collecting monetary penalties. (NRS 449.447, 449.448) Any expenses incurred by the Bureau or the Division in implementi…

NAC 449.999488 Failure to pay monetary penalty: Suspension of permit. (NRS 449.447, 449.448) 1. If the outpatient facility fails to pay a monetary penalty, the Division may suspend the permit of the outpatient facility. 2. The Division shall, in accordance with the requirements o…

NAC 449.999489 Disposition of money collected. (NRS 449.447, 449.448) Money collected by the Division as administrative sanctions must be deposited into a separate fund and applied to the protection of the health, safety, rights, welfare and well-being of patients. (Added to NAC …

NAC 449.99984 Definitions. (NRS 449.2425) As used in NAC 449.99984 to 449.999848, inclusive, unless the context otherwise requires, the words and terms defined in NAC 449.999842 and 449.999844 have the meanings ascribed to them in those sections. (Added to NAC by Div. of Pub. & B…

NAC 449.999842 “Deficiency” defined. (NRS 449.2425) “Deficiency” means a violation of NRS 449.241 to 449.2428, inclusive, as determined by the Division pursuant to an inspection conducted pursuant to NRS 449.132 or an investigation conducted pursuant to NRS 449.0307. (Added to NA…

NAC 449.999844 “Facility” defined. (NRS 449.2425) “Facility” means a health care facility located in a county whose population is 100,000 or more and which is licensed to have more than 70 beds. (Added to NAC by Div. of Pub. & Behavioral Health by R156-18, eff. 1-30-2019)

NAC 449.999845 “Unit” defined. (NRS 449.0302, 449.2418) As used in NRS 449.241 to 449.2428, inclusive, unless the context otherwise requires, “unit” means a component of a health care facility for providing patient care that is defined by the scope of health care service provided…

NAC 449.999846 Criteria for assignment of ratings; issuance of placard with rating. (NRS 449.2425) After each inspection or investigation described in paragraph (a) of subsection 1 of NRS 449.2425, the Division will: 1. Assign to the facility that was inspected or investigated a …

NAC 449.999848 Follow-up inspections and appeals. (NRS 449.2425) 1. A facility may request a follow-up inspection or an appeal within 30 days after an investigation or inspection described in paragraph (a) of subsection 1 of NRS 449.2425 by submitting, in the form prescribed by t…

NAC 449A.600 Definitions. (NRS 449A.739) As used in NAC 449A.600 to 449A.705, inclusive, unless the context otherwise requires, the words and terms defined in NAC 449A.605 to 449A.660, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Sec’y of Stat…

NAC 449A.605 “Advance directive” defined. (NRS 449A.739) “Advance directive” has the meaning ascribed to it in NRS 449A.703. (Added to NAC by Sec’y of State by R006-08, eff. 4-17-2008) — (Substituted in revision for NAC 449.99981)

NAC 449A.610 “Advance directive locator” defined. (NRS 449A.739) “Advance directive locator” means a document in the format prescribed by the Secretary of State that specifies the physical location of a person’s advance directive. (Added to NAC by Sec’y of State by R006-08, eff. …

NAC 449A.615 “Agent” defined. (NRS 449A.739) “Agent” has the meaning ascribed to it in NRS 132.045. (Added to NAC by Sec’y of State by R006-08, eff. 4-17-2008) — (Substituted in revision for NAC 449.999812)

NAC 449A.620 “Authorization to change form” defined. (NRS 449A.739) “Authorization to change form” means a document in the format prescribed by the Secretary of State that notifies the Secretary of State of the intent of a registrant or the agent of a registrant: 1. To amend, sus…

NAC 449A.625 “Authorized provider” defined. (NRS 449A.739) “Authorized provider” means a provider of health care who has been approved by the Secretary of State for access to the Registry pursuant to NAC 449A.695. (Added to NAC by Sec’y of State by R006-08, eff. 4-17-2008) — (Sub…

NAC 449A.630 “Provider access application and agreement” defined. (NRS 449A.739) “Provider access application and agreement” means a document in the format prescribed by the Secretary of State which is filed with the Secretary of State by a provider of health care who wishes to b…

NAC 449A.635 “Provider of health care” defined. (NRS 449A.739) “Provider of health care” has the meaning ascribed to it in NRS 629.031. (Added to NAC by Sec’y of State by R006-08, eff. 4-17-2008) — (Substituted in revision for NAC 449.999821)

NAC 449A.640 “Registrant” defined. (NRS 449A.739) “Registrant” has the meaning ascribed to it in NRS 449A.706. (Added to NAC by Sec’y of State by R006-08, eff. 4-17-2008) — (Substituted in revision for NAC 449.999822)

NAC 449A.645 “Registrant’s file” defined. (NRS 449A.739) “Registrant’s file” means the individual file of a registrant which is maintained in the Registry and which: 1. Contains the registration information and advance directive of the registrant; and 2. May contain an advance di…

NAC 449A.650 “Registration agreement” defined. (NRS 449A.739) “Registration agreement” means a document in the format prescribed by the Secretary of State which is submitted by a registrant to the Secretary of State and which authorizes the Secretary of State to scan and store el…

NAC 449A.655 “Registry” defined. (NRS 449A.739) “Registry” has the meaning ascribed to it in NRS 449A.709. (Added to NAC by Sec’y of State by R006-08, eff. 4-17-2008) — (Substituted in revision for NAC 449.999825)

NAC 449A.660 “Request for registration access form” defined. (NRS 449A.739) “Request for registration access form” means a document in the format prescribed by the Secretary of State which is submitted by a registrant to the Secretary of State and which requests that the registra…

NAC 449A.665 Secretary of State to prescribe format of necessary forms, applications and agreements. (NRS 449A.739) 1. The Secretary of State will prescribe the format of: (a) Advance directive locators; (b) Authorization to change forms; (c) Provider access applications and agre…

NAC 449A.670 Storage of electronic reproductions of certain documents in registrant’s file in Registry; Internet access to Registry. (NRS 449A.739) 1. A registrant may store in the registrant’s file in the Registry an electronic reproduction of an advance directive, advance direc…

NAC 449A.675 Filing of advance directive or advance directive locator; issuance of registration card; registrant to keep file current. (NRS 449A.739) 1. A person who wishes to file an advance directive or advance directive locator in the Registry must submit to the Secretary of S…

NAC 449A.680 Amendment, suspension or revocation of advance directive or advance directive locator; precedence of documentation; validity. (NRS 449A.739) 1. A registrant or an agent of a registrant who wishes to amend, suspend or revoke an advance directive or advance directive l…

NAC 449A.685 Removal, deletion or replacement of registrant’s file in Registry. (NRS 449A.739) 1. A registrant or the registrant’s agent may remove or delete the registrant’s file in the Registry by submitting to the Secretary of State an authorization to change form. 2. A regist…

NAC 449A.690 Submission of authorization to change form by agent must include declaration for agent to act on behalf of registrant. (NRS 449A.739) An authorization to change form submitted by an agent must include a declaration that the agent is legally authorized to represent or…