Nevada Administrative Code

NAC 439A.315 Letter of intent: Action by Department; termination. (NRS 439A.081) 1. The Department will, within 15 days after the receipt of a letter of intent, determine whether the proposed project is subject to review. 2. If the Department determines that the proposed project …

NAC 439A.322 Submission of information to Department. (NRS 439A.081, 439A.100) 1. Any person who wishes to undertake a project listed in subsection 1 of NRS 439A.100 shall provide the Department with the information required by paragraphs (a) to (e), inclusive, of subsection 2 of…

NAC 439A.325 Projects for which approval required. (NRS 439A.081, 439A.100) 1. For projects subject to review pursuant to subsection 1 of NRS 439A.100, the amount specified for the capital expenditure, as adopted by the Department, is $2,000,000. 2. Pursuant to subsection 4 of NR…

NAC 439A.335 Conference with applicant. (NRS 439A.081) 1. If a proposed project is subject to review, the Department will schedule a conference with the applicant, which will be held not later than 15 days after the date on which the letter of determination has been mailed in res…

NAC 439A.345 Availability and use of forms. (NRS 439A.081) 1. The Department will keep on file and make available to any person copies of its current forms for applications. 2. All applications must be submitted in the form prescribed by the Department and must adequately address…

NAC 439A.355 Time for submission; limitation on acceptance. (NRS 439A.081) 1. For a project that is subject to the provisions of NRS 439A.100, an application must be received by the Department no later than 60 days after the date on which the letter of determination is mailed in …

NAC 439A.365 Procedure for submission; fee; acknowledgment of receipt. (NRS 439A.081) 1. The original and three copies of an application for a letter of approval must be submitted by mail or delivered by hand to the Department. 2. Each application submitted to the Department must…

NAC 439A.375 Amendment. (NRS 439A.081) 1. An applicant shall not materially amend its application for a letter of approval after the deadline for its submission. A material amendment is a ground for denial of such an application, and includes: (a) A substantial change in the iden…

NAC 439A.379 Denial for insufficient information; effect of acceptance. (NRS 439A.081) 1. Upon receipt of an application for a letter of approval, the Department will examine the application. If the application does not contain information sufficient to enable the Director to rev…

NAC 439A.385 Batching applications for comparative review. (NRS 439A.081) 1. After the deadline for submission as set forth in subsection 1 of NAC 439A.355, the Department will determine whether any applications which are not denied for insufficiency pursuant to NAC 439A.379 will…

NAC 439A.389 Public notice. (NRS 439A.081) For each application for approval which is received before the deadline for submission and which is not denied for insufficiency pursuant to NAC 439A.379, the Department will, within 15 days after the application is submitted, give publi…

NAC 439A.395 Submission of written information by person other than applicant. (NRS 439A.081) Any person may submit written information regarding an application for a letter of approval to the Department if the information is received by the Department at least 10 days before the…

NAC 439A.405 Period of review; extension. (NRS 439A.081) 1. The period of review of an application for a letter of approval commences on the date on which the application is received by the Department. 2. The public hearing will be held no later than 45 days after the commencemen…

NAC 439A.415 Public hearings. (NRS 439A.081) 1. The Department will provide a public hearing for each application for a letter of approval. 2. A single public hearing will be held for all applications within a single batch. 3. The Department will keep a taped record of the public…

NAC 439A.435 Review of record for application. (NRS 439A.081) The Director will review the Department’s record for each application for a letter of approval. The record must include: 1. The application, together with any supporting documents; 2. The record of the public hearing; …

NAC 439A.445 Decision of Director. (NRS 439A.081, 439A.100) 1. The decision of the Director relating to an application for a letter of approval will be supported by written findings of fact which must include: (a) Whether a need for the proposed project exists in the community; (…

NAC 439A.455 Letter of approval or disapproval; failure to accept letter of approval; public notice; reconsideration. (NRS 439A.081, 439A.100) 1. In connection with an application made pursuant to NRS 439A.100, the Director will issue to each applicant a letter of approval or dis…

NAC 439A.465 Progress reports; requests for information; access to project site and records. (NRS 439A.081) 1. The holder of a letter of approval shall provide the Department with quarterly progress reports, beginning with the first calendar quarter following the issuance of the …

NAC 439A.475 Extension of approved timetable. (NRS 439A.081) 1. A letter of approval is subject to withdrawal pursuant to NAC 439A.505 if the approved timetable is not met by the holder of the letter of approval, unless an extension is granted by the Department pursuant to this s…

NAC 439A.485 Transfer of interest before project is completed. (NRS 439A.081) 1. A person shall not sell, purchase, assign, grant or otherwise transfer or convey in any manner any interest in a letter of approval or a proposed project without first obtaining the written approval …

NAC 439A.495 Removal or alteration of conditions. (NRS 439A.081) 1. A person whose project has been approved subject to conditions may request the Director to remove or alter those conditions. The request must be submitted to the Director in writing and must include: (a) A statem…

NAC 439A.505 Withdrawal of letter of approval. (NRS 439A.081, 439A.100) 1. Proceedings to withdraw a letter of approval may be initiated if the holder: (a) Fails to meet the approved timetable set forth in the letter of approval or an extension thereof; (b) Fails to comply with s…

NAC 439A.515 Reconsideration of decisions. (NRS 439A.081) 1. Any person: (a) Who is the subject of a letter of disapproval; (b) Whose project has been determined to be subject to review pursuant to NAC 439A.315; or (c) Whose letter of approval has been withdrawn pursuant to NAC 4…

NAC 439A.525 Judicial review. (NRS 439A.081) A decision of the Director subject to reconsideration is a final decision for judicial review and a request for reconsideration is not a prerequisite for judicial review. (Added to NAC by Dep’t of Human Resources, eff. 9-4-84; A 3-6-86…

NAC 439A.545 Provision of notice: Generally. (NRS 439A.081) 1. Unless otherwise required in NAC 439A.295 to 439A.675, inclusive, notice given pursuant to NAC 439A.295 to 439A.675, inclusive, will be made in accordance with this section. 2. Notice will be provided by mail or elect…

NAC 439A.555 Provision of notice: Hearings. (NRS 439A.081) When a notice of a public hearing is made pursuant to NAC 439A.295 to 439A.675, inclusive, the notice will include: 1. The date of the public hearing; 2. The time and place of the hearing; 3. The nature of the hearing; 4.…

NAC 439A.595 Burden of proof; applicability. (NRS 439A.081) 1. The applicant for a letter of approval has the burden of proof to satisfy all applicable criteria for review contained in NAC 439A.605 to 439A.637, inclusive. 2. A finding that the applicant has failed to meet its bur…

NAC 439A.605 Need for project to be undertaken. (NRS 439A.081) The applicant shall demonstrate that the population to be served has a need for the project to be undertaken, based upon: 1. The identification of the population to be served; 2. The projected numbers of persons who w…

NAC 439A.625 Financial feasibility. (NRS 439A.081) 1. The applicant shall demonstrate that it will be able to operate in a manner which is financially feasible as a result of the proposed project without unnecessarily increasing the cost to the user or payor for health services p…

NAC 439A.635 Effect on cost of health services. (NRS 439A.081) 1. The applicant shall demonstrate that the proposed project will not have an unnecessarily adverse effect on the cost of health services to users or payors by showing that: (a) The proposed project will result in a s…

NAC 439A.637 Appropriateness for the area to be served. (NRS 439A.081, 439A.100) In determining whether the proposed project is appropriate for the area to be served, the Director will consider: 1. The location of the proposed project, including: (a) The time for travel and dista…

NAC 439A.639 Health maintenance organizations. (NRS 439A.081, 439A.100) If the applicant is a health maintenance organization or the applicant proposes to provide a service only to a health maintenance organization, in addition to the criteria established in NAC 439A.595 to 439A.…

NAC 439A.645 Prohibited communications. (NRS 439A.081) 1. Communication concerning the subject matter of a hearing held pursuant to NAC 439A.295 to 439A.675, inclusive, is prohibited between: (a) Any person acting on behalf of the applicant or holder of a letter of approval, or a…

NAC 439A.655 Civil penalties. (NRS 439A.081, 439A.310) 1. Any penalty imposed pursuant to paragraph (a) of subsection 1 of NRS 439A.310 must be paid before the issuance of any license. The failure to pay a penalty is a ground for denial of an application for a letter of approval …

NAC 439A.665 Applicable regulations. (NRS 439A.081) The regulations in effect at the time of the acceptance of the application for review by the Department will be the regulations governing the entire administrative process for the application. (Added to NAC by Dep’t of Human Res…

NAC 439A.670 Waiver of procedural provisions. (NRS 439A.081) The Department may waive or alter any procedural provision of NAC 439A.295 to 439A.675, inclusive, if the intent of that provision would not be carried out by its strict application. (Added to NAC by Dep’t of Human Reso…

NAC 439A.675 Reports by Department; access to materials. (NRS 439A.081) 1. The Department will prepare and publish a report at least annually indicating the status of all applications and the decisions made on applications since the previous report. 2. The public will have access…

NAC 439A.700 “Advisory Council” defined. (NRS 439A.170, 439A.175) As used in NAC 439A.700 to 439A.755, inclusive, unless the context otherwise requires, “Advisory Council” means the Primary Care Advisory Council created by NAC 439A.710. (Added to NAC by Bd. of Health by R138-10, …

NAC 439A.710 Advisory Council: Creation; composition; designation of substitute; vacancies; meetings; appointment of subcommittee authorized. (NRS 439A.170, 439A.175) 1. The Primary Care Advisory Council is hereby created within the Division of Public and Behavioral Health. The A…

NAC 439A.715 Advisory Council: Duties. (NRS 439A.170, 439A.175) The Advisory Council shall review and make recommendations to the Administrator concerning: 1. The approval or denial of applications for letters of support filed with the Administrator pursuant to NAC 439A.725. 2. T…

NAC 439A.720 Application for letter of support: Requirements; request for waiver of portion of application fee; refund of all or portion of fee; where available. (NRS 439.200, 439A.170, 439A.175) 1. An application for a letter of support must: (a) Be complete. (b) Include the mat…

NAC 439A.725 Application for letter of support: Submission; review by Advisory Council; responsibilities of Administrator. (NRS 439.200, 439A.170, 439A.175) 1. An application for a letter of support must be filed with the Administrator by personal delivery, commercial carrier or …

NAC 439A.728 Application fee. (NRS 439.150, 439.200, 439A.170, 439A.175) Except as otherwise provided in NAC 439A.720, the application fee for a letter of support from the Division of Public and Behavioral Health is: 1. For a nonprofit organization, $1,000. 2. For all other appli…

NAC 439A.730 Contract between employer and J-1 visa physician: Requirements; transfer to different employer; liquidated damages. (NRS 439.200, 439A.170, 439A.175) 1. In addition to the requirements of subsection 2 of NRS 439A.175, the contract entered into by the employer and the…

NAC 439A.735 Employer: Duties. (NRS 439.200, 439A.170, 439A.175) An employer shall: 1. Offer fees based on a sliding scale to patients whose income is at or below 200 percent of the federally designated level signifying poverty. 2. Ensure that the J-1 visa physician works only in…

NAC 439A.740 J-1 visa physician: Duties and requirements. (NRS 439.200, 439A.170, 439A.175) A J-1 visa physician must be in the final year of residency or a fellowship program or be requesting a transfer from the J-1 visa waiver program of another state and shall: 1. Comply with …

NAC 439A.745 Complaints: Submission; investigation; determination of Administrator. (NRS 439.200, 439A.170, 439A.180) 1. A complaint about an employer or a J-1 visa physician may be submitted to the Program on the Internet website maintained by the Division of Public and Behavior…