Nevada Administrative Code

NAC 439.831 Calculation of household income; eligibility for subsidy if maximum household income exceeded. (NRS 439.655) 1. For the purposes of determining whether an applicant satisfies the eligibility requirement set forth in NRS 439.665 regarding household income, the Departme…

NAC 439.834 Information and documentation: Cooperation with Department; updating. (NRS 439.630) 1. An applicant or enrollee shall cooperate with the Department in securing all information and documentation necessary to determine or confirm the eligibility of the applicant or cont…

NAC 439.836 Continuing eligibility; annual review. (NRS 439.655) 1. If the Department approves an application for a subsidy, the enrollee remains eligible to receive the subsidy as long as he or she continues to meet the criteria for receiving a subsidy set forth in this chapter …

NAC 439.838 Discontinuation of subsidy to enrollee: Request by enrollee; ineligibility of enrollee; granting of subsidy to applicant on waiting list if enrollee determined ineligible. (NRS 439.630) 1. If an enrollee who is receiving a subsidy wishes to discontinue receiving the s…

NAC 439.840 Notice to enrollee of determination regarding ineligibility. (NRS 439.655) If the Department determines that an enrollee no longer meets the criteria for receiving a subsidy set forth in this chapter and chapter 439 of NRS, it will notify the enrollee in writing that …

NAC 439.842 Request for hearing; scheduling of hearing. (NRS 439.655) 1. An applicant or enrollee who is aggrieved by a decision of the Department concerning a subsidy and who wishes to have a hearing before the Department must file a written request for a hearing with the Depart…

NAC 439.843 Continuation of benefits pending outcome of hearing. (NRS 439.655) 1. Benefits of an existing enrollee may be continued pending the outcome of the hearing if the enrollee requests such continuation within 10 days after the date of the decision by the Department. 2. Th…

NAC 439.844 Denial of request for hearing; request for dismissal. (NRS 439.655) 1. The Department will deny a request for a hearing received pursuant to NAC 439.842 if: (a) The sole issue being contested is an issue that may only be resolved by amending the provisions of NRS 439.…

NAC 439.846 Testimony under oath. (NRS 439.655) All testimony to be considered in a hearing must be taken under oath. Except as otherwise provided in NAC 439.850, before testifying, a person must swear or affirm before the hearing officer to the truthfulness of the testimony he o…

NAC 439.848 Conducting hearing in person; representation; evidence. (NRS 439.655) 1. Except as otherwise provided in NAC 439.850, a hearing must be conducted in person by a hearing officer. 2. An applicant or enrollee may represent himself or herself or may, in writing, authorize…

NAC 439.850 Conducting hearing by telephone. (NRS 439.655) 1. The hearing officer may conduct the hearing over the telephone if he or she determines it is in the best interest of each party to the hearing to do so. 2. A hearing that is conducted over the telephone must be conduct…

NAC 439.852 Retention of record. (NRS 439.630) 1. The Department will produce a record of the hearing and retain it for 3 years after the date the decision of the hearing officer is issued or until the resolution of any judicial review of the decision, whichever occurs later. 2. …

NAC 439.854 Official recording of hearing; request for copy. (NRS 439.655) 1. The hearing officer presiding over a hearing conducted pursuant to NAC 439.842 to 439.856, inclusive, shall cause the hearing to be recorded on audiotape or any other means of sound reproduction. The De…

NAC 439.856 Decision of hearing officer. (NRS 439.655) 1. The decision of a hearing officer must be in writing and be based exclusively on evidence presented at the hearing or, if requested by the hearing officer pursuant to NAC 439.848, after the hearing. 2. Within 30 days after…

NAC 439.858 Duties of Department if decision of Department is overturned by hearing officer. (NRS 439.655) 1. If a hearing officer overturns a decision of the Department to deny a subsidy or that an enrollee is ineligible to receive a subsidy, the Department will: (a) Reimburse t…

NAC 439.860 Recoupment of subsidy paid in error; request by enrollee for waiver or reduction of amount required to be returned. (NRS 439.655) 1. Except as otherwise provided in subsections 4 and 5, the Department will pursue all legal remedies for the collection of debt, includin…

NAC 439.862 Confidentiality of records. (NRS 439.655) The records of the Department relating to an applicant or enrollee are confidential and are considered protected health information under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (HIP…

NAC 439.870 Definitions. (NRS 439.200, 439.265) As used in NAC 439.870 to 439.897, inclusive, unless the context otherwise requires, the words and terms defined in NAC 439.875, 439.877 and 439.880 have the meanings ascribed to them in those sections. (Added to NAC by Bd. of Healt…

NAC 439.873 “Department” defined. (NRS 439.200, 439.265) “Department” means the Department of Health and Human Services. (Added to NAC by Bd. of Health by R041-08, eff. 9-18-2008)

NAC 439.875 “Division” defined. (NRS 439.200, 439.265) “Division” means the Division of Public and Behavioral Health. (Added to NAC by Bd. of Health by R041-08, eff. 9-18-2008)

NAC 439.877 “Provider” defined. (NRS 439.200, 439.265) “Provider” means any person who is licensed, certified or otherwise authorized by the laws of this State, or the regulations adopted pursuant thereto, to administer immunizations. (Added to NAC by Bd. of Health by R041-08, ef…

NAC 439.880 “System” defined. (NRS 439.200, 439.265) “System” means the Immunization Information System established by the Department pursuant to NRS 439.265. (Added to NAC by Bd. of Health by R041-08, eff. 9-18-2008)

NAC 439.883 Notice to parent or guardian by provider regarding System; contents; notice to provider to opt out of System. (NRS 439.200, 439.265) 1. A provider administering an immunization to a child shall provide notice about the System to the parent or guardian of the child on …

NAC 439.885 Notice to adult by provider regarding System; contents; notice to provider by adult to opt out of System. (NRS 439.200) 1. A provider administering an immunization to an adult shall provide notice about the System to the adult on a form provided by the Division. The n…

NAC 439.887 Inclusion of records in System for immunizations administered before July 1, 2009; requests for removal of records from System. (NRS 439.200, 439.265) 1. Except as otherwise provided in subsection 3, the Division shall include in the System all immunization records in…

NAC 439.890 Reporting of information concerning immunizations administered to children; contents and form. (NRS 439.200, 439.265) 1. In addition to the information required by NRS 439.265, a provider who administers an immunization to a child on or after July 1, 2009, shall repor…

NAC 439.893 Reporting of information concerning immunizations administered to adult; contents and form. (NRS 439.200) 1. A provider who administers an immunization to an adult on or after July 1, 2009, shall, unless the adult has declined inclusion of his or her information in th…

NAC 439.895 Confidentiality and access. (NRS 439.200, 439.265) Except as otherwise provided in NRS 439.265 or other specific statute, the information included in the System is confidential and access must be limited to: 1. A provider of health care as defined in NRS 439.820; 2. T…

NAC 439.897 Official certificate of immunization. (NRS 439.200, 439.265) An immunization record provided by the System shall be deemed an official certificate of immunization, as required for enrollment in any school, college or university and child care facility in this State. (…

NAC 439.900 Definitions. (NRS 439.890) As used in NAC 439.900 to 439.945, inclusive, unless the context otherwise requires, the words and terms defined in NAC 439.902 to 439.909, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Health Div. by R118…

NAC 439.902 “Division” defined. (NRS 439.890) “Division” means the Health Care Purchasing and Compliance Division. (Added to NAC by Health Div. by R118-04, eff. 11-4-2004; A by Bd. of Health by R044-10, 10-15-2010)

NAC 439.9025 “Facility for skilled nursing” defined. (NRS 439.890) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039. (Added to NAC by Bd. of Health by R104-12, eff. 10-24-2014)

NAC 439.903 “Facility-acquired infection” defined. (NRS 439.890) “Facility-acquired infection” has the meaning ascribed to it in NRS 439.802. (Added to NAC by Bd. of Health by R044-10, eff. 10-15-2010)—(Substituted in revision for NAC 439.901)

NAC 439.904 “Medical facility” defined. (NRS 439.890) “Medical facility” has the meaning ascribed to it in NRS 439.805. (Added to NAC by Health Div. by R118-04, eff. 11-4-2004)

NAC 439.905 “National Healthcare Safety Network” defined. (NRS 439.890) “National Healthcare Safety Network” means the secure, Internet-based surveillance system established by the Division of Healthcare Quality Promotion of the Centers for Disease Control and Prevention of the U…

NAC 439.906 “Patient” defined. (NRS 439.890) “Patient” has the meaning ascribed to it in NRS 439.810. (Added to NAC by Health Div. by R118-04, eff. 11-4-2004)

NAC 439.908 “Patient safety officer” defined. (NRS 439.890) “Patient safety officer” has the meaning ascribed to it in NRS 439.815. (Added to NAC by Health Div. by R118-04, eff. 11-4-2004)

NAC 439.909 “Physician” defined. (NRS 439.890) “Physician” means: 1. A physician licensed pursuant to chapter 630 of NRS; 2. A homeopathic physician licensed pursuant to chapter 630A of NRS; 3. An osteopathic physician licensed pursuant to chapter 633 of NRS; 4. A chiropractic ph…

NAC 439.910 “Provider of health care” defined. (NRS 439.890) “Provider of health care” has the meaning ascribed to it in NRS 439.820. (Added to NAC by Health Div. by R118-04, eff. 11-4-2004)

NAC 439.912 “Sentinel event” defined. (NRS 439.890) “Sentinel event” has the meaning ascribed to it in NRS 439.830. (Added to NAC by Health Div. by R118-04, eff. 11-4-2004)

NAC 439.915 Mandatory reports of sentinel events: Submission; form and contents. (NRS 439.835, 439.890) 1. A report submitted pursuant to NRS 439.835 must be submitted in the format prescribed pursuant to subsection 4 and must include, without limitation: (a) The unique identific…

NAC 439.916 Reporting of sentinel event by a medical facility receiving a patient who was transferred or discharged from another medical facility. (NRS 439.835, 439.890) 1. If a medical facility that receives a patient who was transferred or discharged from another medical facili…

NAC 439.917 Mandatory investigation of sentinel event by medical facility; plan to remedy causes or contributing factors; confidentiality. (NRS 439.837, 439.841, 439.890) 1. Within 45 days after reporting a sentinel event pursuant to NRS 439.835, the medical facility shall conduc…

NAC 439.920 Patient safety committee: Establishment; composition; meetings. (NRS 439.875, 439.890) 1. A medical facility that has fewer than 25 employees and contractors shall establish a patient safety committee composed of: (a) The patient safety officer of the medical facility…

NAC 439.925 Participation in National Healthcare Safety Network: Calculation of average patients per business day. (NRS 439.847, 439.890) For purposes of subsection 1 of NRS 439.847, to determine whether a medical facility or a facility for skilled nursing provides medical servic…

NAC 439.930 Participation in National Healthcare Safety Network: Duties of medical facility or facility for skilled nursing; duties of facility administrator. (NRS 439.847, 439.890) 1. Each medical facility or facility for skilled nursing that participates in the National Healthc…

NAC 439.935 Participation in National Healthcare Safety Network: Data to be submitted by each type of medical facility or facility for skilled nursing. (NRS 439.847, 439.890) 1. Each hospital described in NRS 439.805 that is required to participate in the National Healthcare Safe…