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2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.245 - Release of child from hospital; provision of authorization for release and other information to Division of Child and Family Services; disclosure of information; penalty.

1. No hospital licensed under the provisions of NRS 449.029 to 449.2428, inclusive, may release from the hospital or otherwise surrender physical custody of any child under 6 months of age, whose living parent or guardian is known to the hospital, to any person other than a parent, guardian or relative by blood or marriage of that child, without a written authorization signed by a living parent, who must be the person who gave birth to the child if unwed, or guardian specifying the particular person or agency to whom the child may be released and the permanent address of that person or agency.
2. Upon the release or other surrender of physical custody of the child, the hospital shall require from the person to whom the child is released such reasonable proof of identity as the hospital may deem necessary for compliance with the provisions of this section. The hospital shall furnish a true copy of the written authorization to the Division of Child and Family Services of the Department of Health and Human Services before the release or other surrender by it of physical custody of the child. The copy must be furnished to the Division immediately upon receipt by the hospital.
3. Any person to whom any such child is released who thereafter surrenders physical custody of that child to any other person or agency shall, upon demand by the Division of Child and Family Services, disclose to the Division the name and permanent address of the person or agency to whom physical custody of the child was delivered.
4. Except as otherwise provided in NRS 239.0115, all information received by the Division of Child and Family Services pursuant to the provisions of this section is confidential and must be protected from disclosure in the same manner that information is protected under NRS 432.035.
5. Compliance with the provisions of this section is not a substitute for compliance with NRS 127.220 to 127.310, inclusive, governing placements for adoption and permanent free care.
6. A violation of any provision of this section is a misdemeanor.
(Added to NRS by 1957, 251; A 1961, 739; 1963, 962; 1967, 1172; 1973, 1286, 1406; 1981, 721; 1993, 2724; 2007, 2109; 2021, 3442)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.2455 - Authority of hospital to enter into agreement with Armed Forces of United States for provision of medical care by certain persons acting under federal authority.

1. A hospital may enter into an agreement with the Armed Forces of the United States to authorize:
(a) A medical officer to provide medical care in the hospital if:
(1) The medical officer holds a valid license in good standing to provide such medical care in the District of Columbia or any state or territory of the United States;
(2) The medical care is provided as part of a training or educational program designed to further the employment of the medical officer; and
(3) The agreement complies with the provisions of 10 U.S.C. § 1094 and any regulations or guidelines adopted pursuant thereto.
(b) An unlicensed federal medical provider to provide care for which a license, certificate or registration is otherwise required pursuant to chapter 630, 631, 632, 633, 635, 639, 640, 652 or 653 of NRS at the hospital:
(1) In his or her official capacity and within the scope of practice authorized by the Federal Government; and
(2) As part of a training or educational program.
(c) A federal surgical technologist who does not meet the requirements of NRS 449.24185 to engage in the practice of surgical technology at the hospital:
(1) In his or her official capacity and within the scope of practice authorized by the Federal Government; and
(2) As part of a training or educational program.
2. As used in this section:
(a) "Federal surgical technologist" means a surgical technologist who engages in the practice of surgical technology pursuant to authority granted by the Federal Government.
(b) "Medical officer" includes any physician, nurse, dentist or other health care professional who is employed by the Armed Forces of the United States or a reserve component thereof.
(c) "Practice of surgical technology" has the meaning ascribed to it in NRS 449.2417.
(d) "Surgical technologist" has the meaning ascribed to it in NRS 449.24175.
(e) "Unlicensed federal medical provider" means a pharmaceutical technician who is not registered pursuant to chapter 639 of NRS and provides care pursuant to authority granted by the Federal Government or a person who does not hold a license or certificate issued pursuant to chapter 630, 631, 632, 633, 635, 640, 652 or 653 of NRS and provides care pursuant to such authority. The term:
(1) Includes, without limitation, a person who does not hold any license or certificate issued by a licensing authority in the District of Columbia or any state or territory of the United States.
(2) Does not include a health-care professional, as defined in 10 U.S.C. § 1094.
(Added to NRS by 2009, 818; A 2023, 421)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.246 - Hospital or freestanding birthing center to provide information relating to voluntary acknowledgment or establishment of paternity before discharging unmarried woman who has borne child; regulations.

1. Before discharging an unmarried woman who has borne a child, a hospital or freestanding birthing center shall provide to the child’s parents:
(a) The opportunity to sign, in the hospital, a declaration for the voluntary acknowledgment of paternity developed pursuant to NRS 440.283;
(b) Written materials about establishing paternity;
(c) The forms necessary to acknowledge paternity voluntarily;
(d) A written description of the rights and responsibilities of acknowledging paternity; and
(e) The opportunity to speak by telephone with personnel of the program for enforcement of child support who are trained to clarify information and answer questions about the establishment of paternity.
2. The Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services shall adopt the regulations necessary to ensure that the services provided by a hospital or freestanding birthing center pursuant to this section are in compliance with the regulations adopted by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 666(a)(5)(C).
(Added to NRS by 1995, 2426; A 1997, 2341; 2007, 1529; 2017, 793)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.2465 - Persons entitled to results of tests performed at laboratory regarding patient of rural hospital.

The following persons are entitled to access the results of tests performed at a licensed laboratory regarding a patient of a rural hospital:
1. The patient;
2. The physician who ordered the tests; and
3. A provider of health care who is currently treating or providing assistance in the treatment of the patient.
(Added to NRS by 1995, 1600)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.247 - Powers and duties of Division and State Board of Nursing with respect to nursing assistants and medication aides - certified and training of nursing assistants and medication aides - certified; provision of information to State Board of Nursing.

1. The Division may review the personnel files of a medical facility or facility for the dependent to determine that each nursing assistant or medication aide - certified employed by the facility has a current certificate.
2. The Division shall review the qualifications of instructors of nursing assistants or medication aides - certified for each program of which the Division is notified pursuant to NRS 632.127.
3. The Division may conduct the review of training programs for nursing assistants or medication aides - certified in facilities for long-term care.
4. The Division and any other state agency which regulates medical facilities and facilities for the dependent shall provide to the State Board of Nursing any information it discovers concerning:
(a) Programs and instructors for training nursing assistants or medication aides - certified which do not comply with the requirements established by the State Board of Nursing.
(b) The failure of a nursing assistant or medication aide - certified to perform consistently at a safe level.
(c) The results of any investigation of a facility if the investigation concerns a nursing assistant, medication aide - certified or instructor or training program for nursing assistants or medication aides - certified.
5. The State Board of Nursing shall investigate any report submitted pursuant to subsection 4 and may revoke approval of a program or instructor if the allegations of the report are true.
(Added to NRS by 1989, 2017; A 2011, 1341)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.2475 - Unlicensed insurer not allowed to make payment directly to person who received services in certain circumstances; limitation on civil and criminal liability.

1. An insurer that is not licensed in this State pursuant to title 57 of NRS and that is obligated to pay benefits for services provided to a person by a hospital or other provider of health care, or to reimburse a person for the costs of such services, shall not make the payment directly to the person if an itemized statement for the services is submitted to the insurer which clearly indicates that the right of the person to those benefits has been assigned to the hospital or other provider of health care.
2. The provisions of this section do not create grounds for civil or criminal liability.
(Added to NRS by 2007, 734)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.2477 - Requirements concerning dispute resolution clause in contract relating to provision of care by facility for long-term care.

1. If a facility for long-term care wishes to include as part of any contract relating to the provision of care a clause which specifies or restricts the means by which the parties to the contract are required to resolve any dispute, the clause must be included as an addendum to the contract and:
(a) Be printed in large font on a separate page with a separate signature line;
(b) Fully explain the effect of signing the addendum, including, without limitation, that any dispute must be resolved exclusively through the means authorized by the clause; and
(c) Clearly state that the person signing the contract is not required to sign the addendum.
2. As used in this section, "facility for long-term care" means:
(a) A residential facility for groups;
(b) A facility for intermediate care;
(c) A facility for skilled nursing;
(d) A home for individual residential care; and
(e) Any unlicensed establishment that provides food, shelter, assistance and limited supervision to a resident.
(Added to NRS by 2017, 2533, 2838)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.248 - Additional services to be provided by agency to provide nursing in home.

An agency to provide nursing in the home shall, in addition to skilled nursing, provide at least one of the following services:
1. Speech or occupational therapy;
2. Guidance regarding nutrition or vocations;
3. Physical therapy;
4. Pharmaceutical services; or
5. Other social or medical services.
(Added to NRS by 1979, 160; A 1985, 1742)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.2485 - Return to dispensing pharmacy of unused prescription drug dispensed to patient of facility for skilled nursing or facility for intermediate care for purpose of reissuing drug or transferring drug.

1. A facility for skilled nursing or a facility for intermediate care may return a prescription drug that is dispensed to a patient of the facility, but will not be used by that patient, to the dispensing pharmacy for the purpose of reissuing the drug to fill other prescriptions for patients in that facility or for the purpose of transferring the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to NRS 639.2676 if:
(a) The drug is not a controlled substance;
(b) The drug is dispensed in a unit dose, in individually sealed doses or in a bottle sealed by the manufacturer of the drug;
(c) The drug is returned unopened and sealed in the original manufacturer’s packaging or bottle;
(d) The usefulness of the drug has not expired;
(e) The packaging or bottle contains the expiration date of the usefulness of the drug; and
(f) The name of the patient for whom the drug was originally prescribed, the prescription number and any other identifying marks are obliterated from the packaging or bottle before the return of the drug.
2. A dispensing pharmacy to which a drug is returned pursuant to this section may:
(a) Reissue the drug to fill other prescriptions for patients in the same facility if the registered pharmacist of the pharmacy determines that the drug is suitable for that purpose in accordance with standards adopted by the State Board of Pharmacy pursuant to subsection 5; or
(b) Transfer the drug to a nonprofit pharmacy designated by the State Board of Pharmacy pursuant to NRS 639.2676.
3. No drug that is returned to a dispensing pharmacy pursuant to this section may be used to fill other prescriptions more than one time.
4. A facility for skilled nursing or facility for intermediate care shall adopt written procedures for returning drugs to a dispensing pharmacy pursuant to this section. The procedures must:
(a) Provide appropriate safeguards for ensuring that the drugs are not compromised or illegally diverted during their return.
(b) Require the maintenance and retention of such records relating to the return of drugs to dispensing pharmacies as are required by the State Board of Pharmacy.
(c) Be approved by the State Board of Pharmacy.
5. The State Board of Pharmacy shall adopt such regulations as are necessary to carry out the provisions of this section, including, without limitation, requirements for:
(a) Returning and reissuing such drugs pursuant to the provisions of this section.
(b) Transferring drugs to a nonprofit pharmacy pursuant to the provisions of this section and NRS 639.2676.
(c) Maintaining records relating to the return and the use of such drugs to fill other prescriptions.
(Added to NRS by 2003, 1372; A 2009, 1087)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.2486 - Facility for care of adults during the day to maintain and provide certain information; form in which information to be provided.

1. A facility for the care of adults during the day shall maintain a copy of:
(a) The license issued to the facility pursuant to NRS 449.029 to 449.2428, inclusive;
(b) Any summaries of complaints provided to the facility pursuant to subsection 3 of NRS 449.160;
(c) The report of any investigation conducted with respect to the complaints; and
(d) The report of any disciplinary action taken against the facility pursuant to NRS 449.160 or 449.163.
2. The information maintained pursuant to subsection 1 must be provided in the form prescribed pursuant to subsection 3:
(a) To each patient or the patient’s legal representative, at or before the time of admission.
(b) To a prospective patient or the prospective patient’s legal representative, upon request, who is considering admission of the patient to the facility.
(c) In the case of disciplinary action taken pursuant to NRS 449.160 or 449.163, to all patients admitted to the facility and their legal representatives. Notice of disciplinary action must be provided to the legal representatives of all patients admitted to the facility within 3 working days after receipt by the facility.
3. The Division shall develop a standard form for reporting the information required to be provided pursuant to subsection 2. The information reported on the form must include all required information for the 12-month period ending on the last day of the month immediately preceding the month in which the information is provided.
4. The Division shall inform persons seeking information concerning facilities for the care of adults during the day of their right to information pursuant to this section.
(Added to NRS by 2007, 270)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.2487 - Notice to be provided by certain facilities which offer independent living.

1. A facility for the dependent, a medical facility or an entity affiliated with such a facility which offers housing to persons that does not include the provision of care or services which require licensure pursuant to this chapter shall conspicuously post in the facility and shall include in any contracts of sale or agreements for occupancy a notice that includes the following information:
(a) That the specific area of the facility is intended for independent living and does not directly provide or coordinate the oversight of services to meet the scheduled and unscheduled needs of its residents, including, without limitation, the provision of personal care, supportive services and health-related services.
(b) The other levels of care that are available to persons who require personal care, supportive services or health-related services, including, without limitation, residential facilities for groups, facilities for intermediate care and facilities for skilled nursing. The notice must describe the facilities and levels of care in language that is easy to understand.
(c) A statement that encourages residents to reassess on a regular basis the type of housing and care that is most appropriate for them.
2. The Aging and Disability Services Division of the Department of Health and Human Services shall develop the language for the notice required by subsection 1 in consultation with nationally recognized advocacy groups for older persons and housing organizations.
3. For the purposes of this section, an entity is affiliated with a facility described in subsection 1 if:
(a) It is under common or shared ownership;
(b) It is under common or shared management; or
(c) It receives promotional or marketing support from the facility.
(Added to NRS by 2007, 2466; A 2011, 359)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.2488 - Department of Health and Human Services to develop brochure and website to assist persons who are 55 years of age or older in determining appropriate level of care and type of housing; information to be included in brochure and website.

1. The Department of Health and Human Services shall develop a brochure and website to assist persons who are 55 years of age or older in determining the appropriate level of care and type of housing that they require to meet their individual needs. The brochure and website must include, without limitation:
(a) The various types of housing and levels of care that are available to persons who are 55 years of age or older, including, without limitation, residential facilities for groups, facilities for intermediate care and facilities for skilled nursing, distinguishing the varying degree of services that are offered by the different types of facilities;
(b) Whether individual facilities accept payment through Medicaid or Medicare for the level of care and type of housing that the facilities provide;
(c) The manner in which a person may obtain information concerning whether the facility has ever been found to have violated the provisions of this chapter; and
(d) Such other information as the Department deems to be beneficial to persons who are 55 years of age or older in determining the appropriate level of care and type of housing that they require to meet their individual needs.
2. As used in this section:
(a) "Medicaid" has the meaning ascribed to it in NRS 439B.120.
(b) "Medicare" has the meaning ascribed to it in NRS 439B.130.
(Added to NRS by 2007, 2467)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.2489 - Definitions.

As used in NRS 449.2489 to 449.24898, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449.24891 to 449.24894, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2009, 450)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.24891 - "Ophthalmologist" defined.

"Ophthalmologist" means a physician who is qualified to perform laser surgery or intense pulsed light therapy on the globe of the eye pursuant to NRS 630.371 or 633.693.
(Added to NRS by 2009, 450)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.24894 - "Surgical treatment for a refractive error of the eye" defined.

"Surgical treatment for a refractive error of the eye" means the surgical treatment of a patient with a refractive error of the eye by:
1. Photorefractive keratectomy;
2. Laser in situ keratomileusis;
3. Conductive keratoplasty;
4. Implantation of an intraocular lens; or
5. Any other available technology, technique or procedure which surgically treats refractive errors of the eye and which has been approved by the United States Food and Drug Administration.
(Added to NRS by 2009, 451)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.24895 - Certain persons not required to obtain license to operate and maintain facility; filing of affidavit with Division required.

A person is not required to obtain a license to operate and maintain a facility for refractive surgery pursuant to the provisions of this chapter if the person:
1. Is an ophthalmologist;
2. Provides surgical procedures to patients at the facility in addition to preoperative care, postoperative care and surgical treatments for refractive errors of the eye; and
3. Files with the Division an affidavit attesting that the person provides surgical procedures at the facility in addition to preoperative care, postoperative care and surgical treatments for refractive errors of the eye.
(Added to NRS by 2009, 451)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.24896 - Surgical treatments at facility must be performed by licensed ophthalmologist; availability of ophthalmologist.

A facility for refractive surgery shall ensure that:
1. All surgical treatments for refractive errors of the eye performed at the facility are performed only by an ophthalmologist.
2. The ophthalmologist who performs a surgical treatment for refractive errors of the eye at the facility:
(a) Is available in person for postoperative care if the medical needs of a patient necessitate the services of an ophthalmologist; or
(b) Enters into an agreement with another ophthalmologist to be available in person for postoperative care if the medical needs of the patient necessitate the services of an ophthalmologist.
(Added to NRS by 2009, 451)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.24898 - Collaboration between ophthalmologist and optometrist authorized pursuant to NRS 636.374.

The provisions of NRS 449.2489 to 449.24898, inclusive, do not prohibit an ophthalmologist from collaborating with an optometrist to provide care to a patient if the collaboration complies with the requirements of NRS 636.374.
(Added to NRS by 2009, 452)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.250 - Short title.

NRS 449.250 to 449.430, inclusive, may be cited as the Nevada Health Facilities Assistance Act.
[1:219:1949; 1943 NCL § 5285.01]—(NRS A 1965, 983; 2011, 3575)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.260 - Definitions.

As used in NRS 449.250 to 449.430, inclusive:
1. "Community mental health center" means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of patients with mental illness, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community in or near which the facility is situated.
2. "Construction" includes the construction of new buildings, modernization, expansion, remodeling and alteration of existing buildings, and initial equipment of such buildings, including medical transportation facilities, and includes architects’ fees, but excludes the cost of off-site improvements and, except with respect to public health centers, the cost of the acquisition of the land.
3. "Facility for persons with intellectual disabilities" means a facility specially designed for the diagnosis, treatment, education, training or custodial care of persons with intellectual disabilities, including facilities for training specialists and sheltered workshops for persons with intellectual disabilities, but only if such workshops are part of facilities which provide or will provide comprehensive services for persons with intellectual disabilities.
4. "Federal Act" means 42 U.S.C. §§ 291 to 291o-l, inclusive, and 300k to 300t, inclusive, and any other federal law providing for or applicable to the provision of assistance for health facilities.
5. "Federal agency" means the federal department, agency or official designated by law, regulation or delegation of authority to administer the Federal Act.
6. "Health facility" includes a public health center, hospital, facility for hospice care, facility for persons with intellectual disabilities, community mental health center, and other facility to provide diagnosis, treatment, care, rehabilitation, training or related services to persons with physical or mental impairments, including diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes, as those terms are defined in the Federal Act, and such other facilities for which federal aid may be authorized under the Federal Act, but, except for facilities for persons with intellectual disabilities, does not include any facility furnishing primarily domiciliary care.
7. "Nonprofit health facility" means any health facility owned and operated by a corporation or association, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or natural person.
8. "Public health center" means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection with public health centers.
9. "State Department" means the Department of Health and Human Services, acting through its appropriate divisions.
[2:219:1949; A 1956, 47]—(NRS A 1963, 962; 1965, 983; 1967, 1173; 1973, 1406; 1975, 909; 1977, 258; 1979, 1113; 1985, 1743; 1989, 1036; 1999, 249; 2011, 3575; 2013, 697)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.270 - State Department to constitute sole agency of State for certain purposes.

The State Department shall constitute the sole agency of the State for the purpose of:
1. Inventorying existing health facilities, surveying the need for construction of health facilities, and developing programs of health facilities construction as provided in NRS 449.250 to 449.430, inclusive.
2. Developing and administering state plans for the construction of public and other nonprofit health facilities as provided in NRS 449.250 to 449.430, inclusive.
3. Developing and administering any other plan or program providing assistance to health facilities for which funds may be available to this state under the Federal Act.
[3:219:1949; 1943 NCL § 5285.03]—(NRS A 1965, 985)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.280 - Duties of State Department.

In carrying out the purposes of NRS 449.250 to 449.430, inclusive, the State Department is authorized and directed:
1. To require such reports, make such inspections and investigations, and prescribe such regulations as it deems necessary.
2. To provide such methods of administration, appoint all necessary officers and other personnel and take such other action as may be necessary to comply with the requirements of NRS 449.250 to 449.430, inclusive, the Federal Act and the regulations thereunder.
3. To procure in its discretion the temporary or intermittent services of experts or consultants, by contract, when such services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties.
4. To the extent that it considers desirable to effectuate the purposes of NRS 449.250 to 449.430, inclusive, to enter into agreements for the utilization of the facilities and services of other departments, agencies and institutions, public or private.
5. To accept on behalf of the State and to deposit with the State Treasurer in appropriate accounts in the Department of Health and Human Services’ Gift Fund any grant, gift or contribution made to assist in meeting the cost of carrying out the purposes of NRS 449.250 to 449.430, inclusive, and to expend the same for such purposes.
6. To do all other things on behalf of the State necessary or advisable to obtain the maximum benefits available under the Federal Act.
7. All claims must be approved by the Health Officer before they are paid.
[4:219:1949; 1943 NCL § 5285.04]—(NRS A 1965, 985; 1969, 945; 1981, 79)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.300 - Inventory of existing health facilities; development of program for construction of facilities.

The State Department is authorized and directed to inventory existing health facilities, including public, nonprofit, and proprietary health facilities, to survey the need for construction of health facilities, and, on the basis of such inventory and survey, to develop programs for the construction of such public and other nonprofit health facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate health facility services to all the people of the State.
[7:219:1949; 1943 NCL § 5285.07]—(NRS A 1965, 986)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.310 - Requirements of program for construction of health facilities.

The construction programs must provide, in accordance with NRS 449.250 to 449.430, inclusive, and the regulations thereunder, for adequate health facilities for the people residing in this State, and, insofar as possible, must provide for their distribution throughout the State in such manner as to make the services of all types of health facilities reasonably accessible to all persons in the State.
[9:219:1949; 1943 NCL § 5285.09]—(NRS A 1965, 986; 1981, 1901)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.320 - Application for federal money; deposit of money.

1. The State Department may apply to the federal agency for federal money to assist in carrying out the surveys, planning and construction activities provided for in NRS 449.250 to 449.430, inclusive.
2. The money must be deposited in the State Treasury and must be available to the State Department for expenditure for carrying out the purposes of NRS 449.250 to 449.430, inclusive.
[8:219:1949; 1943 NCL § 5285.08]—(NRS A 1965, 987; 1981, 1901)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.340 - State Department to prescribe minimum standards; standards to supersede local ordinances and regulations; penalty.

1. The State Department may, by regulation, establish standards for the maintenance and operation of health facilities, which supersede all local ordinances and regulations inconsistent therewith.
2. A copy of the regulations, giving the date that they take effect, must be issued in pamphlet form.
3. Any health facility that applies for and accepts federal aid for construction under a state plan does so on the condition that the health facility qualify under the minimum standards for maintenance and operation adopted and enforced by the State Department.
4. Any person, partnership, association or corporation establishing, conducting, managing or operating any health facility within the meaning of NRS 449.250 to 449.430, inclusive, who violates any of the provisions of this section or regulations lawfully adopted thereunder is guilty of a misdemeanor.
[11:219:1949; 1943 NCL § 5285.11] + [12:219:1949; 1943 NCL § 5285.12]—(NRS A 1963, 963; 1965, 987; 1971, 937; 1985, 369)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.345 - Restriction on adoption of regulations concerning construction, maintenance, operation or safety of building, structure or other property.

Before the State Department may adopt any regulation concerning the construction, maintenance, operation or safety of a building, structure or other property in this State, the State Department shall consult with the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section for the purposes of subsection 9 of NRS 341.100.
(Added to NRS by 2011, 3574; A 2013, 397)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.360 - Application for construction of health facility: Filing; compliance with federal and state requirements.

1. Applications for health facility construction projects for which federal funds are required must be submitted to the appropriate health systems agency and the State Department. They may be submitted by the State or any political subdivision thereof or by any public or nonprofit agency authorized to construct and operate a health facility.
2. Each application for a construction project must conform to federal and state requirements and must be submitted in the manner and form prescribed by the State Department.
[14:219:1949; 1943 NCL § 5285.14]—(NRS A 1965, 988; 1979, 969)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.370 - Application for construction of health facility: Notice and hearing; approval and forwarding.

1. The State Department shall afford to every applicant for assistance for a construction project an opportunity for a fair hearing before the State Department upon 10 days’ written notice to the applicant.
2. If the State Department, after affording reasonable opportunity for development and presentation of applications in the order of relative need, finds that an application is in conformity with the state plan, the State Department shall approve the application and shall recommend and forward it to the federal agency.
3. The State Department shall consider and forward applications in the order of relative need set forth in the state plan.
[15:219:1949; 1943 NCL § 5285.15]—(NRS A 1965, 988; 1981, 856; 1985, 1362)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.380 - Inspection of construction of health facility; certification by State Department.

From time to time, the State Department shall inspect each construction project approved by the federal agency and, if the inspection so warrants, the State Department shall certify to the federal agency that work has been performed upon the project, or that purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant.
[16:219:1949; 1943 NCL § 5285.16]—(NRS A 1965, 988)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.390 - Authority to receive and distribute federal money; Health Facilities Assistance Fund; deposits, use and controls.

1. The State Department is hereby authorized to receive federal funds in behalf of, and transmit them to, applicants.
2. There is hereby established a nonreverting trust fund designated as the Health Facilities Assistance Fund. Money received from the Federal Government for a construction project approved by the federal agency shall be transmitted to the State Treasurer to be deposited in the State Treasury to the credit of the Health Facilities Assistance Fund, and shall be used solely for payments due applicants for work performed, purchases made or other approved expenditures in carrying out approved projects or plans, except that any moneys in such Fund which become available under the Federal Act and regulations for expenditure in administering an approved state plan may be expended for that purpose.
3. The State Department shall establish and maintain such accounts and fiscal controls of moneys deposited in and disbursed from the Health Facilities Assistance Fund as may be required by the Federal Act and regulations promulgated thereunder.
[17:219:1949; 1943 NCL § 5285.17]—(NRS A 1965, 988; 1975, 259)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.400 - State Public Health Facilities Construction Assistance Fund: Creation; administration.

1. In order to provide state assistance for construction projects for publicly owned hospitals, hospitals for the chronically ill and impaired, facilities for persons with intellectual disabilities, community mental health facilities, diagnostic or diagnostic and treatment centers, rehabilitation facilities, nursing homes and other facilities financed in part by federal funds in accordance with NRS 449.250 to 449.430, inclusive, and to promote maximum utilization of federal funds available for such projects, there is hereby created in the State Treasury a nonreverting trust fund to be known as the State Public Health Facilities Construction Assistance Fund. Money for the Fund may be provided from time to time by legislative appropriation.
2. The State Public Health Facilities Construction Assistance Fund must be administered by the State Department in accordance with the purposes and provisions of NRS 449.250 to 449.430, inclusive.
[17.1:219:1949; added 1956, 47]—(NRS A 1965, 989; 1985, 1744; 2013, 698; 2019, 2645)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.410 - State assistance for construction of certain projects; eligibility of project for assistance.

1. Money in the State Public Health Facilities Construction Assistance Fund must be used to supplement money from the Federal Government and money provided by the sponsor of a project for approved projects for the construction of publicly owned hospitals, hospitals for the chronically ill or impaired, facilities for persons with intellectual disabilities, community mental health facilities, diagnostic or diagnostic and treatment centers, rehabilitation facilities, nursing homes and other facilities financed in part by federal funds pursuant to NRS 449.250 to 449.430, inclusive, and for no other purpose or purposes.
2. Applications for state assistance for construction projects must be submitted to the State Department for consideration in the manner prescribed in NRS 449.250 to 449.430, inclusive, for applications for federal assistance.
3. No project is entitled to receive state assistance unless it is entitled to receive federal assistance.
[17.2:219:1949; added 1956, 47]—(NRS A 1965, 989; 1985, 1744; 2013, 698; 2019, 2645)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.420 - Amount of state assistance: Allocations; payments.

Money in the State Public Health Facilities Construction Assistance Fund must be allocated and paid to construction projects on the basis of relative need in accordance with the need identified in the state health plan and in accordance with a ratio between state money and federal money determined by the State Department. In no event may the amount of state assistance made available or paid out for a project exceed the amount supplied by the sponsor of the project.
[17.3:219:1949; added 1956, 47]—(NRS A 1965, 989; 1981, 856, 1901)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.430 - Money from State Public Health Facilities Construction Assistance Fund to be paid in installments.

Moneys in the State Public Health Facilities Construction Assistance Fund allocated to a particular approved project shall be paid out in installments at the same times and in the same manner as installments of federal funds are paid out from the Health Facilities Assistance Fund pursuant to NRS 449.390.
[17.4:219:1949; added 1956, 47]—(NRS A 1965, 990)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.4304 - "Intermediary service organization" defined.

As used in NRS 449.4304 to 449.4339, inclusive, unless the context otherwise requires, "intermediary service organization" means a nongovernmental entity that provides services authorized pursuant to NRS 449.4308 for a person with a disability or other responsible person.
(Added to NRS by 2013, 126; A 2017, 2309; 2019, 2923, 4346)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.4308 - Authority to provide services.

1. An intermediary service organization that is certified pursuant to NRS 449.4304 to 449.4339, inclusive, may provide services for a person with a disability or other responsible person relating to personal assistance received by the person with a disability. The services that may be provided by an intermediary service organization include, without limitation:
(a) Obtaining a criminal background check of a personal assistant selected by the person with a disability or other responsible person to provide nonmedical services and any medical services authorized pursuant to NRS 629.091;
(b) Providing payroll services to pay the personal assistant and determine any tax liability;
(c) Providing services relating to financial management; and
(d) Providing any other services relating to the employment of a personal assistant and any other financial assistance relating to the personal assistance for the person with a disability.
2. As used in this section:
(a) "Other responsible person" means:
(1) A parent or guardian of, or any other person legally responsible for, a person with a disability who is under the age of 18 years; or
(2) A parent, spouse, guardian or adult child of a person with a disability who suffers from a cognitive impairment.
(b) "Personal assistance" means the provision of any goods or services to help a person with a disability maintain his or her independence, personal hygiene and safety, including, without limitation, the provision of services by a personal assistant.
(c) "Personal assistant" means a person who, for compensation and under the direction of a person with a disability or other responsible person, performs services for a person with a disability to help the person maintain his or her independence, personal hygiene and safety.
(Added to NRS by 2013, 126)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.4309 - Board to adopt regulations authorizing employee of intermediary service organization to perform certain tasks.

1. The Board shall adopt regulations authorizing an employee of an intermediary service organization, with the consent of the person receiving services, to:
(a) Check, record and report the temperature, blood pressure, apical or radial pulse, respiration or oxygen saturation of a person receiving services from the organization;
(b) Using an auto-injection device approved by the Food and Drug Administration for use in the home, administer to a person receiving services from the organization insulin furnished by a registered pharmacist as directed by a physician or assist such a person with the self-administration of such insulin; and
(c) Using a device for monitoring blood glucose approved by the Food and Drug Administration for use in the home, perform a blood glucose test on a person receiving services from the organization or assist such a person to perform a blood glucose test on himself or herself.
2. The regulations adopted pursuant to this section:
(a) Must require the tasks described in subsection 1 to be performed in conformance with the Clinical Laboratory Improvement Amendments of 1988, Public Law No. 100-578, 42 U.S.C. § 263a, if applicable, and any other applicable federal law or regulation;
(b) Must prohibit the use of a device for monitoring blood glucose on more than one person; and
(c) May require a person to receive training before performing any task described in subsection 1.
(Added to NRS by 2017, 2304)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.431 - Certificate required; exception; penalty.

1. Except as otherwise provided in subsection 2, a person shall not operate or maintain in this State an intermediary service organization without first obtaining a certificate to operate an intermediary service organization as provided in NRS 449.4304 to 449.4339, inclusive.
2. A person who is licensed to operate an agency to provide personal care services in the home pursuant to this chapter is not required to obtain a certificate to operate an intermediary service organization as described in this section.
3. A person who violates the provisions of this section is guilty of a misdemeanor.
(Added to NRS by 2013, 126; A 2019, 2923, 4346)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.4311 - Application for certificate: Contents.

Any person wishing to obtain a certificate to operate an intermediary service organization pursuant to the provisions of NRS 449.4304 to 449.4339, inclusive, must file with the Division an application on a form prescribed, prepared and furnished by the Division, containing:
1. The name of the applicant and, if a natural person, whether the applicant has attained the age of 21 years.
2. The location of the intermediary service organization.
3. The name of the person in charge of the intermediary service organization.
4. Such other information as may be required by the Division for the proper administration and enforcement of NRS 449.4304 to 449.4339, inclusive.
5. Evidence satisfactory to the Division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof, and the person in charge of the intermediary service organization for which application is made.
6. Evidence satisfactory to the Division of the ability of the applicant to comply with the provisions of NRS 449.4304 to 449.4339, inclusive, and the standards and regulations adopted by the Board.
(Added to NRS by 2013, 127)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.4312 - Application for certificate: Social security number required. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

An application for the issuance of a certificate to operate an intermediary service organization pursuant to NRS 449.4311 must include the social security number of the applicant.
(Added to NRS by 2013, 127)