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2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.104 - Regulations to ensure patients or residents are identified in accordance with their gender identity or expression.

The Board shall adopt regulations that require a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed to:
1. Develop policies to ensure that a patient or resident is addressed by his or her preferred name and pronoun and in accordance with his or her gender identity or expression;
2. Adapt electronic records to reflect the gender identities or expressions of patients or residents with diverse gender identities or expressions, including, without limitation:
(a) If the facility is a medical facility, adapting health records to meet the medical needs of patients or residents with diverse sexual orientations and gender identities or expressions, including, without limitation, integrating information concerning sexual orientation and gender identity or expression into electronic systems for maintaining health records; and
(b) If the facility is a facility for the dependent or other residential facility, adapting electronic records to include:
(1) The preferred name and pronoun and gender identity or expression of a resident; and
(2) Any other information prescribed by regulation of the Board.
(Added to NRS by 2019, 1335)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.111 - Authorized activities of licensee; requirements governing provision of services.

1. The holder of a license to provide community-based living arrangement services may provide such services to any person with a primary diagnosis of a mental illness, including, without limitation, such a person who has a secondary diagnosis other than a mental illness. Such a secondary diagnosis may include, without limitation, a secondary diagnosis of an intellectual disability or developmental disability.
2. Each person employed by a provider of community-based living arrangement services to supervise or provide support to recipients of such services must be able to communicate with the recipients to whom he or she is to provide services.
3. A child under 18 years of age must not reside in a building operated by a provider of community-based living arrangement services in which community-based living arrangement services are provided.
4. A provider of community-based living arrangement services shall:
(a) Provide each recipient of community-based living arrangement services with access to licensed professionals who are qualified to provide supportive and habilitative services that are appropriate for the recipient; and
(b) Post prominently in any building operated by the provider of community-based living arrangement services in which community-based living arrangement services are provided a sign with the telephone number that may be used to make a complaint to the Division concerning the provider.
(Added to NRS by 2019, 2148)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.112 - Establishment of individualized plan for recipient; reimbursement of Division for overpayment.

1. The Division shall establish, for each recipient of community-based living arrangement services to whom services are provided pursuant to a contract between the provider and the Division, an individualized plan for the provision of community-based living arrangement services. The individualized plan must include, without limitation:
(a) A description of the case management services that must be provided to the recipient and a designation of the entity responsible for providing those services; and
(b) The hours during which the provider of community-based living arrangement services must provide supervision and support to the recipient.
2. A contract between the Division and a provider of community-based living arrangement services for the provision of such services must include a provision requiring the provider to comply with the individualized plan for each recipient established pursuant to subsection 1.
3. If the Division determines that it has paid the holder of a license to provide community-based living arrangement services with which the Division has entered into a contract an amount that exceeds the amount required by the contract, the holder shall reimburse the amount of the overpayment to the Division.
(Added to NRS by 2019, 2148)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.113 - Grounds for denying renewal of license.

The Division shall not renew a license to provide community-based living arrangement services if:
1. The holder of the license has refused or failed to reimburse any overpayment for community-based living arrangement services as required pursuant to subsection 3 of NRS 449.112; or
2. The holder of the license has failed to correct any practice required by the Division to comply with state law or regulations or the requirements of a contract between the holder and the Division.
(Added to NRS by 2019, 2149)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.114 - Disclosure and consent before referral: Contents; maintenance of record; provision of copy upon request.

1. Before referring a person who is aged or the representative of such a person to a senior living community, a senior living community referral agency shall:
(a) Provide a statement clearly disclosing the information required by this paragraph to the person or representative orally, in writing or electronically. If the disclosure is made orally, the disclosure must be recorded. The statement must include, without limitation:
(1) A description of each service that the senior living community referral agency is able to provide to the person who is aged;
(2) The contact information of the senior living community referral agency, including, without limitation, the telephone number of the senior living community referral agency;
(3) The address of the Internet website maintained pursuant to paragraph (f) of subsection 2 of NRS 449.1145;
(4) An explanation of the provisions of paragraphs (c), (d) and (e) of subsection 2 of NRS 449.1145; and
(5) A statement of whether the person who is aged or the senior living community to which the person who is aged is referred is responsible for paying the applicable referral fee and, if the person who is aged is responsible for paying the fee, the amount of the fee; and
(b) Obtain the written or recorded consent of a person who is aged or his or her representative to provide referrals.
2. A senior living community referral agency shall maintain a record of each statement or consent provided pursuant to subsection 1 for at least 3 years after the date on which the statement or consent, as applicable, is provided.
3. Upon the request of a person who is aged and who has received a referral from a senior living community referral agency, the representative of such a person or the senior living community to which a person has been referred by the senior living community referral agency, the senior living community referral agency shall provide the person, representative or community a written copy of the statement given to the person who is aged or his or her representative pursuant to subsection 1.
(Added to NRS by 2023, 564)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.115 - Definitions.

As used in NRS 449.115 to 449.125, inclusive, unless the context otherwise requires, the words and terms defined in NRS 449.119 and 449.1195 have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 1895)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.119 - "Facility, hospital, agency, program or home" defined.

"Facility, hospital, agency, program or home" means an agency to provide personal care services in the home, an employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home, an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a provider of community-based living arrangement services, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv), a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of alcohol or other substance use disorders.
(Added to NRS by 2013, 2889; A 2015, 2165, 2176; 2017, 1571, 1902; 2019, 249, 2642; 2021, 2828)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.1195 - "Psychiatric residential treatment facility" defined.

"Psychiatric residential treatment facility" means a facility, other than a hospital, that provides a range of psychiatric services to treat residents under the age of 21 years on an inpatient basis under the direction of a physician.
(Added to NRS by 2017, 1895)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.121 - Exemption for facility for the treatment of alcohol or other substance use disorders; exception.

1. Except as otherwise provided in subsection 2, the provisions of NRS 449.115 to 449.125, inclusive, and 449.174 do not apply to any facility for the treatment of alcohol or other substance use disorders.
2. A facility for the treatment of alcohol or other substance use disorders must comply with the requirements of NRS 449.115 to 449.125, inclusive, and 449.174 if the facility for the treatment of alcohol or other substance use disorders provides residential services to children.
(Added to NRS by 1997, 442; A 2011, 3556; 2013, 2890)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.122 - Investigation of applicant for license to operate facility, hospital, agency, program or home.

1. Each applicant for a license to operate a facility, hospital, agency, program or home shall submit to the Central Repository for Nevada Records of Criminal History one complete set of fingerprints for submission to the Federal Bureau of Investigation for its report.
2. The Central Repository for Nevada Records of Criminal History shall determine whether the applicant has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449.174 and immediately inform the administrator of the facility, hospital, agency, program or home, if any, and the Division of whether the applicant has been convicted of such a crime.
3. A person who holds a license to operate a facility, hospital, agency, program or home which provides residential services to children, a psychiatric hospital that provides inpatient services to children or a psychiatric residential treatment facility shall submit to the Central Repository for Nevada Records of Criminal History one complete set of fingerprints for a report required by this section at least once every 5 years after the initial investigation.
(Added to NRS by 1997, 442; A 2009, 504; 2011, 3556; 2013, 2890; 2017, 1902)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.1235 - Temporary employment service prohibited from sending ineligible employee to facility, hospital, agency, program or home; temporary employment service to provide certain information regarding its employees.

1. A temporary employment service shall not send an employee to provide services to a facility, hospital, agency, program or home if the temporary employment service has received notice from a facility, hospital, agency, program or home that the employee of the temporary employment service is ineligible to provide such services.
2. A facility, hospital, agency, program or home that enters into an agreement with a temporary employment service to provide services for the facility, hospital, agency, program or home on a temporary basis must require the temporary employment service to:
(a) Provide proof that each employee of the temporary employment service whom it may send to provide services to the facility, hospital, agency, program or home has been continuously employed by the temporary employment service since the last investigation conducted of the employee pursuant to NRS 449.123; and
(b) Notify the facility, hospital, agency, program or home if the investigation conducted of an employee of the temporary employment service pursuant to NRS 449.123 has not been conducted within the immediately preceding 5 years.
(Added to NRS by 2013, 2889)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.124 - Maintenance and availability of certain records regarding employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home.

1. Each facility, hospital, agency, program or home shall maintain records of the information concerning its employees, employees of a temporary employment service and independent contractors collected pursuant to NRS 449.123, including, without limitation:
(a) A copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History or proof of electronic fingerprint submission and a copy of the written authorization that was provided by the employee, employee of the temporary employment service or independent contractor;
(b) Proof that the fingerprints of the employee, employee of the temporary employment service or independent contractor were submitted to the Central Repository; and
(c) Any other documentation of the information collected pursuant to NRS 449.123.
2. The records maintained pursuant to subsection 1 must be:
(a) Maintained for the period of the employment of the person with the facility, hospital, agency, program or home; and
(b) Made available for inspection by the Division at any reasonable time, and copies thereof must be furnished to the Division upon request.
3. If an Internet website has been established pursuant to NRS 439.942, a facility, hospital, agency, program or home shall maintain a current list of its employees, employees of a temporary employment service and independent contractors on the Internet website.
4. The Central Repository for Nevada Records of Criminal History may maintain an electronic image of fingerprints submitted pursuant to NRS 449.122 and 449.123 to notify a facility, hospital, agency, program or home and the Division of any subsequent conviction of a person who is required to submit to an investigation pursuant to NRS 449.122 or 449.123.
(Added to NRS by 1997, 443; A 1999, 1947; 2005, 2171; 2009, 505; 2011, 3558; 2013, 2893)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.43295 - Temporary employment service prohibited from sending ineligible employee to organization; temporary employment service to provide certain information regarding its employees.

1. A temporary employment service shall not send an employee to provide services to an intermediary service organization if the temporary employment service has received notice from a holder of a certificate to operate an intermediary service organization that the employee of the temporary employment service is ineligible to provide such services.
2. A holder of a certificate to operate an intermediary service organization who enters into an agreement with a temporary employment service to provide services to the intermediary service organization on a temporary basis must require the temporary employment service to:
(a) Provide proof that each employee of the temporary employment service whom it may send to provide services to the intermediary service organization has been continuously employed by the temporary employment service since the last investigation conducted of the employee pursuant to NRS 449.4329; and
(b) Notify the intermediary service organization if the investigation conducted of an employee of the temporary employment service pursuant to NRS 449.4329 has not been conducted within the immediately preceding 5 years.
(Added to NRS by 2013, 2889)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.433 - Maintenance and availability of certain records regarding employee, employee of temporary employment service or independent contractor of organization.

1. Each intermediary service organization shall maintain accurate records of the information concerning its employees, employees of a temporary employment service and independent contractors collected pursuant to NRS 449.4329, including, without limitation:
(a) A copy of the fingerprints submitted to the Central Repository for Nevada Records of Criminal History or proof of electronic fingerprint submission and a copy of the written authorization that was provided by the employee, employee of the temporary employment service or independent contractor;
(b) Proof that the fingerprints of the employee, employee of the temporary employment service or independent contractor were submitted to the Central Repository; and
(c) Any other documentation of the information collected pursuant to NRS 449.4329.
2. The records maintained pursuant to subsection 1 must be:
(a) Maintained for the period of the employment of the person with the intermediary service organization; and
(b) Made available for inspection by the Division at any reasonable time, and copies thereof must be furnished to the Division upon request.
3. If an Internet website has been established pursuant to NRS 439.942, an intermediary service organization shall maintain a current list of its employees, employees of a temporary employment service and independent contractors on the Internet website.
4. The Central Repository for Nevada Records of Criminal History may maintain an electronic image of fingerprints submitted pursuant to NRS 449.4329 to notify an intermediary service organization and the Division of any subsequent conviction of a person who is required to submit to an investigation pursuant to NRS 449.4329.
(Added to NRS by 2013, 132)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.4331 - Termination of employment or contract of employee, employee of temporary employment service or independent contractor who has been convicted of certain crime; period in which to correct information regarding conviction; liability of organization.

1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 449.4329, or evidence from any other source, that an employee, employee of a temporary employment service or independent contractor of an intermediary service organization has been convicted of a crime listed in subsection 1 of NRS 449.4332, the holder of the certificate to operate the intermediary service organization shall terminate the employment or contract of that person or notify the temporary employment service that its employee is prohibited from providing services for the intermediary service organization after allowing the person time to correct the information as required pursuant to subsection 2.
2. If an employee, employee of a temporary employment service or independent contractor believes that the information provided by the Central Repository is incorrect, the employee, employee of the temporary employment service or independent contractor may immediately inform the intermediary service organization. The intermediary service organization that is so informed shall give the employee, employee of the temporary employment service or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.
3. An intermediary service organization that has complied with NRS 449.4329 may not be held civilly or criminally liable based solely upon the ground that the intermediary service organization allowed an employee, employee of a temporary employment service or independent contractor to work:
(a) Before it received the information concerning the employee, employee of the temporary employment service or independent contractor from the Central Repository;
(b) During the period required pursuant to subsection 2 to allow the employee, employee of the temporary employment service or independent contractor to correct that information;
(c) Based on the information received from the Central Repository, if the information received from the Central Repository was inaccurate; or
(d) Any combination thereof.
An intermediary service organization may be held liable for any other conduct determined to be negligent or unlawful.
(Added to NRS by 2013, 132)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.4332 - Additional grounds for denial, suspension or revocation of certificate.

In addition to the grounds listed in NRS 449.4321, the Division may deny a certificate to operate an intermediary service organization to an applicant or may suspend or revoke a certificate of a holder of a certificate to operate an intermediary service organization if:
1. The applicant for or holder of the certificate has been convicted of:
(a) Murder, voluntary manslaughter or mayhem;
(b) Assault with intent to kill or to commit sexual assault or mayhem;
(c) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;
(d) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, if the conviction occurred within the immediately preceding 7 years;
(e) Abuse or neglect of a child or contributory delinquency;
(f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the past 7 years;
(g) A violation of any provision of NRS 200.5099 or 200.50995;
(h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; or
(i) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or
2. The holder of a certificate has continued to employ a person who has been convicted of a crime listed in subsection 1.
(Added to NRS by 2013, 133)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.131 - Entry and inspection of building and premises by Division, State Fire Marshal or designee and Chief Medical Officer.

1. Any authorized member or employee of the Division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of NRS 449.029 to 449.245, inclusive.
2. The State Fire Marshal or a designee of the State Fire Marshal, which may include a local fire agency that meets an industry standard accepted by the State Fire Marshal, shall, upon receiving a request from the Division or a written complaint concerning compliance with the plans and requirements to respond to an emergency adopted pursuant to subsection 9 of NRS 449.0302:
(a) Enter and inspect a residential facility for groups or a building operated by a provider of community-based living arrangement services in which such services are provided; and
(b) Make recommendations regarding the adoption of plans and requirements pursuant to subsection 9 of NRS 449.0302,
to ensure the safety of the residents of the facility or persons receiving care from the provider, as applicable, in an emergency.
3. The Chief Medical Officer or a designee of the Chief Medical Officer shall enter and inspect at least annually each building or the premises of a residential facility for groups and each building operated by a provider of community-based living arrangement services in which such services are provided to ensure compliance with standards for health and sanitation.
4. An authorized member or employee of the Division shall enter and inspect any building or premises operated by a residential facility for groups or provider of community-based living arrangement services within 72 hours after the Division is notified that a residential facility for groups or provider of community-based living arrangement services is operating without a license.
[Part 4:336:1951]—(NRS A 1963, 962; 1971, 937; 1973, 1286; 1975, 898; 1985, 1742; 1999, 3610; 2001, 1343; 2003, 421, 1923; 2005, 2172; 2009, 1446; 2011, 1067, 2255, 2398; 2019, 250, 339; 2021, 373; 2023, 1730)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.132 - Inspection of medical facility, facility for the dependent or other facility required to be licensed by Division of Public and Behavioral Health and Aging and Disability Services Division.

Every medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed may be inspected at any time, with or without notice, as often as is necessary by:
1. The Division of Public and Behavioral Health to ensure compliance with all applicable regulations and standards; and
2. Any person designated by the Aging and Disability Services Division of the Department of Health and Human Services to investigate complaints made against the facility.
(Added to NRS by 1977, 642; A 1985, 1742; 1991, 1975; 2001, 1343; 2003, 422; 2017, 1906)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.133 - Report of results of inspections of medical facilities and facilities for the dependent by Division; disclosure of results of inspections of facilities for skilled nursing, facilities for intermediate care and residential facilities for groups.

The Division shall:
1. Prepare a report of the results of its inspections of medical facilities and facilities for the dependent regarding compliance with applicable regulations and standards. The report must be provided to the facility and include, without limitation, a recommendation of the Division for correcting any deficiencies and, if a deficiency is discovered as a result of an investigation by a county, district or city board of health or health officer, the recommendations of the board or health officer.
2. Upon request, disclose to any person or governmental entity the results of its inspections of facilities for skilled nursing, facilities for intermediate care and residential facilities for groups regarding their compliance with applicable regulations and standards.
[14:336:1951]—(NRS A 1963, 961; 1971, 936; 1973, 1285; 1987, 1054; 2009, 559)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.134 - Facility for intermediate care, facility for skilled nursing, residential facility for groups, provider of community-based living arrangement services or home for individual residential care to provide immediate notification of certain deficiencies to certain persons.

A facility for intermediate care, facility for skilled nursing, residential facility for groups, provider of community-based living arrangement services or home for individual residential care shall immediately provide notice of a deficiency affecting the health and safety of a patient discovered during the course of an inspection of the facility for intermediate care, facility for skilled nursing, residential facility for groups, provider of community-based living arrangement services or home for individual residential care conducted by the Division to:
1. A person receiving care at the facility or home or from the provider, as applicable;
2. The parent or legal guardian of the person receiving care at the facility or home or from the provider, as applicable; or
3. Any other natural person designated to receive such notice by the person receiving care at the facility or home or from the provider, as applicable, or the parent or guardian of the person.
(Added to NRS by 2011, 2396; A 2019, 250)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.165 - Administrative sanctions: Regulations of Board.

The Board shall adopt regulations establishing the criteria for the imposition of each sanction prescribed by NRS 449.163. These regulations must:
1. Prescribe the circumstances and manner in which each sanction applies;
2. Minimize the time between identification of a violation and the imposition of a sanction;
3. Provide for the imposition of incrementally more severe sanctions for repeated or uncorrected violations;
4. Provide for less severe sanctions for lesser violations of applicable state statutes, conditions, standards or regulations; and
5. Establish an administrative penalty to be imposed if a violation by a medical facility, facility for the dependent or a facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed causes harm or the risk of harm to more than one person.
(Added to NRS by 1989, 864; A 2017, 1908)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.167 - Administrative sanctions: Imposition for failure to comply with requirements concerning electronic health information. [Effective July 1, 2024.]

1. If the Division receives notification from the Department of Health and Human Services pursuant to NRS 439.5895 that a medical facility licensed pursuant to this chapter is not in compliance with the requirements of subsection 4 of NRS 439.589, the Division may, after notice and the opportunity for a hearing in accordance with the provisions of this chapter, require corrective action or impose an administrative penalty in the amount prescribed by NRS 449.163.
2. The Division shall not suspend or revoke a license for failure to comply with the requirements of subsection 4 of NRS 439.589.
(Added to NRS by 2023, 1847, effective July 1, 2024)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.170 - Denial, suspension or revocation of license or imposition of sanctions: Notice; appeal; adoption of regulations.

1. When the Division intends to deny, suspend or revoke a license, or impose any sanction prescribed by NRS 449.163, it shall give reasonable notice to all parties by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. Notice is not required if the Division finds that the public health requires immediate action. In that case, it may order a summary suspension of a license pursuant to this section and NRS 233B.127 or impose any sanction prescribed by NRS 449.163, pending proceedings for revocation or other action.
2. If a person wants to contest the action of the Division, the person must file an appeal pursuant to regulations adopted by the Board.
3. Upon receiving notice of an appeal, the Division shall hold a hearing pursuant to regulations adopted by the Board.
4. The Board shall adopt such regulations as are necessary to carry out the provisions of this section.
[Part 8:336:1951]—(NRS A 1963, 960; 1969, 95; 1973, 1284; 1977, 70; 1985, 1741; 1989, 864; 1995, 1585; 2009, 558)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.171 - Authority of Division to take control over medical records of medical facility, facility for the dependent or other facility required to be licensed by Division upon suspension of license or cessation of operation; confidentiality; sharing of records with appropriate authorities; regulations.

1. If the Division suspends the license of a medical facility, a facility for the dependent or a facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed pursuant to the provisions of this chapter, or if a facility otherwise ceases to operate, including, without limitation, pursuant to an action or order of a health authority pursuant to chapter 441A of NRS, the Division may, if deemed necessary by the Administrator of the Division, take control of and ensure the safety of the medical records of the facility.
2. Subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, the Division shall:
(a) Maintain the confidentiality of the medical records obtained pursuant to subsection 1.
(b) Share medical records obtained pursuant to subsection 1 with law enforcement agencies in this State and other governmental entities which have authority to license the facility or to license the owners or employees of the facility.
(c) Release a medical record obtained pursuant to subsection 1 to the patient or legal guardian of the patient who is the subject of the medical record.
3. The Board shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations for contracting with a person to maintain any medical records under the control of the Division pursuant to subsection 1 and for payment by the facility of the cost of maintaining medical records.
(Added to NRS by 2009, 557; A 2017, 1908)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.172 - Residential facility for groups: Duties of Division and operator upon suspension or revocation of license for abuse, neglect, exploitation, isolation or abandonment of occupants.

If the Division suspends or revokes the license of a person who operates a residential facility for groups for abuse, neglect, exploitation, isolation or abandonment of the occupants of the facility, the Division shall suspend or revoke the license of all residential facilities for groups operated by that person. The person who operates the facility shall move all of the persons who are receiving services in the residential facilities for groups to other licensed residential facilities for groups at his or her own expense.
(Added to NRS by 1999, 3607; A 2015, 839)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.181 - Medical facility that has custody of child pursuant to court order to adopt policy relating to medical care and medications for child; employees to receive copy of policy.

1. Except as otherwise provided in this section, a medical facility that has custody of a child pursuant to the order of a court shall adopt a policy concerning the manner in which to:
(a) Document the orders of the treating physician of a child;
(b) Administer medication to a child;
(c) Store, handle and dispose of medication;
(d) Document the administration of medication and any errors in the administration of medication;
(e) Minimize errors in the administration of medication; and
(f) Address errors in the administration of medication.
2. Such a medical facility shall ensure that each employee of the medical facility who will administer medication to such a child receives a copy of and understands the policy adopted pursuant to subsection 1.
(Added to NRS by 2011, 1357)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.1815 - Medical facility prohibited from allowing person who is not enrolled at accredited medical school to perform or participate in activity for credit toward medical degree.

A medical facility shall not allow a person to perform or participate in any activity at the facility for the purpose of receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine, including, without limitation, clinical observation and contact with patients, unless the person is enrolled in good standing at:
1. A medical school that is accredited by the Liaison Committee on Medical Education of the American Medical Association and the Association of American Medical Colleges or their successor organizations; or
2. A school of osteopathic medicine, as defined in NRS 633.121.
(Added to NRS by 2015, 1529)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.1818 - Off-campus location of hospital to obtain distinct national provider identifier; inclusion of national provider identifier of off-campus location or independent center for emergency medical care on claims for reimbursement.

1. Each off-campus location of a hospital shall obtain and use and include on all claims for reimbursement or payment for health care services provided at the location a national provider identifier that is distinct from the national provider identifier used by the main campus and any other off-campus location of the hospital. If the off-campus location includes the national provider identifier on such a claim, the off-campus location may also include on the claim the national provider identifier used by the main campus of the hospital. If the off-campus location includes both the national provider identifier used by the off-campus location and the national provider identifier used by the main campus on a claim, the claim must clearly identify which national provider identifier corresponds to the off-campus location and which national provider identifier corresponds to the main campus.
2. An independent center for emergency medical care shall include on all claims for reimbursement or payment for health care services provided at the independent center for emergency medical care the national provider identifier used by the independent center for emergency medical care.
3. As used in this section:
(a) "National provider identifier" means the standard, unique health identifier for health care providers that is issued by the national provider system in accordance with 45 C.F.R. Part 162.
(b) "Off-campus location" means a facility:
(1) With operations that are directly or indirectly owned or controlled by, in whole or in part, a hospital or which is affiliated with a hospital, regardless of whether it is operated by the same governing body as the hospital;
(2) That is located more than 250 yards from the main campus of the hospital;
(3) That provides services which are organizationally and functionally integrated with the hospital; and
(4) That is an outpatient facility providing ambulatory surgery, urgent care or emergency room services.
(Added to NRS by 2019, 4033; A 2023, 2022)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.1821 - Hospital to accept payment through Medicare; exceptions.

A hospital, other than a psychiatric hospital, critical access hospital or rural hospital, shall enter into an agreement with the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 1395cc to accept payment through Medicare.
(Added to NRS by 2019, 2641)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.1823 - Hospital to provide notice to medicaid patients with nontraumatic dental injuries of teledentistry providers in Medicaid managed care networks.

If a recipient of Medicaid presents in the emergency department of a hospital in this State with a nontraumatic dental injury, the hospital must notify the patient of providers of dental services included in the network of each health maintenance organization or managed care organization that provides services through teledentistry to recipients of Medicaid. The hospital shall provide such notice by:
1. Posting signs on the premises of the hospital that include the list of providers who offer services through teledentistry submitted to the hospital pursuant to NRS 695C.1708 or 695G.162, as applicable, or which direct patients to an Internet website on which such lists are available; or
2. Making available to patients a pamphlet or other written document that includes the list of providers who offer services through teledentistry submitted to the hospital pursuant to NRS 695C.1708 or 695G.162, as applicable, or which directs patients to an Internet website on which those lists are available.
(Added to NRS by 2023, 3332)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.1824 - Duties of hospital and licensed entity that provides care for patient upon discharge to ensure dietary needs of patient are met.

1. If a patient will be released from a hospital to his or her residence or a rehabilitation center and a dietitian is assigned to a team of persons formed by the hospital to care for the patient while the patient rehabilitates, the hospital shall ensure that the patient or the person with primary responsibility for the care of the patient meets or knows how to contact the dietitian.
2. If a patient is released by a hospital to his or her residence to receive care from an agency to provide personal care services in the home or any other entity licensed pursuant to this chapter that provides care to the patient in his or her residence, the agency to provide personal care services in the home or other entity shall consult with a dietitian, as appropriate, to ensure that the patient or the person with primary responsibility for the care of the patient understands the dietary needs of the patient.
(Added to NRS by 2023, 3439)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.1825 - Required posting of certain information concerning quality of certain facilities on Internet and in facilities.

1. The Division shall post on an Internet website maintained by the Division links to:
(a) The most recent star rating assigned by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services to each medical facility or facility for the dependent in this State that receives such a rating; and
(b) The Ambulatory Surgical Center Quality Reporting Program maintained by the Centers for Medicare and Medicaid Services.
2. A medical facility or facility for the dependent that receives a star rating from the Centers for Medicare and Medicaid Services shall post the most recent star rating assigned to the facility in a conspicuous place near each entrance to the facility that is regularly used by the public and, if the facility maintains an Internet website that is accessible to the public, on that Internet website.
3. A surgical center for ambulatory patients shall post the address of the Internet website for the Ambulatory Surgical Center Quality Reporting Program maintained by the Centers for Medicare and Medicaid Services in a conspicuous place near each entrance to the surgical center for ambulatory patients that is regularly used by the public and, if the surgical center for ambulatory patients maintains an Internet website that is accessible to the public, on that Internet website.
(Added to NRS by 2017, 4164)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.183 - Facility for intermediate care, facility for skilled nursing and residential facility for groups to adopt written policy concerning readmission after temporary transfer of patient or resident.

1. A facility for intermediate care, facility for skilled nursing and residential facility for groups shall adopt a written policy that establishes:
(a) The number of days the facility will hold the bed of a patient or resident for his or her return if the patient or resident is transferred temporarily to a hospital or other facility for medical reasons; and
(b) That a patient or resident who is so transferred for a period that exceeds the period of the hold established pursuant to paragraph (a) will be allowed to resume his or her residency as soon as a bed becomes available, if the facility is suitable for properly caring for the patient upon his or her return.
2. Upon admission of a patient or resident to a facility for intermediate care, facility for skilled nursing or residential facility for groups, the facility shall provide to the patient or resident and, if applicable, to the legal representative of the patient or resident, a copy of the policy established pursuant to subsection 1.
(Added to NRS by 2011, 1063)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.184 - Operator of residential facility for groups, facility for intermediate care or facility for skilled nursing to post certain information in conspicuous place.

1. A person who operates a residential facility for groups shall:
(a) Post his or her license to operate the residential facility for groups;
(b) Post the rates for services provided by the residential facility for groups; and
(c) Post contact information for the administrator and the designated representative of the owner or operator of the facility,
in a conspicuous place in the residential facility for groups.
2. A person who operates a facility for intermediate care or facility for skilled nursing shall:
(a) Post his or her license to operate the facility;
(b) Post the organizational structure of the management of the facility; and
(c) Post contact information for the administrator and the designated representative of the owner or operator of the facility,
in a conspicuous place in the facility for intermediate care or facility for skilled nursing.
(Added to NRS by 1999, 3606; A 2011, 1064)
2023 Nevada Revised Statutes › Chapter 449 - Medical Facilities and Other Related Entities › NRS 449.1845 - Administrator of residential facility for groups to conduct annual assessment of history of each resident and cause provider of health care to conduct certain examinations and assessments; placement based on assessment.

1. The administrator of a residential facility for groups shall:
(a) Annually cause a qualified provider of health care to conduct a physical examination of each resident of the facility;
(b) Annually conduct an assessment of the history of each resident of the facility, which must include, without limitation, an assessment of the condition and daily activities of the resident during the immediately preceding year; and
(c) Cause a qualified provider of health care to conduct an assessment of the condition and needs of a resident of the facility to determine whether the resident meets the criteria prescribed in paragraph (a) of subsection 2:
(1) Upon admission of the resident to the facility; and
(2) If a physical examination, assessment of the history of the resident or the observations of the administrator or staff of the facility, the family of the resident or another person who has a relationship with the resident indicate that:
(I) The resident may meet those criteria; or
(II) The condition of the resident has significantly changed.
2. If, as a result of an assessment conducted pursuant to paragraph (c) of subsection 1, the provider of health care determines that the resident:
(a) Suffers from dementia to an extent that the resident may be a danger to himself or herself or others if the resident is not placed in a secure unit or a facility that assigns not less than one staff member for every six residents, any residential facility for groups in which the resident is placed must meet the requirements prescribed by the Board pursuant to subsection 2 of NRS 449.0302 for the licensing and operation of residential facilities for groups which provide care to persons with Alzheimer’s disease or other severe dementia.
(b) Does not suffer from dementia as described in paragraph (a), the resident may be placed in any residential facility for groups.
3. As used in this section, "provider of health care" has the meaning ascribed to it in NRS 629.031.
(Added to NRS by 2019, 2594)