Nevada Administrative Code › Chapter 435 - Persons With Mental Retardation and Related Conditions › SUPPORTED LIVING ARRANGEMENT SERVICES › Section 435.520 - Provisional certificate: Grounds for denial of application; notice of denial

Current through June 11, 2024
1. Each of the
			 following acts and omissions constitutes a ground for denial of an application
			 for a provisional certificate:
(a) The
			 applicant has failed to submit a complete application for a provisional
			 certificate within the time required pursuant to NAC
			 435.517;
(b) The applicant has misrepresented or
			 failed to disclose any material fact in the application submitted to the
			 Division or in any financial record or other document requested by the
			 Division;
(c) The applicant, an
			 officer or employee of the applicant or an independent contractor of the
			 applicant who oversees the provision of supported living arrangement services
			 has been convicted of a crime relevant to any aspect of the provision of
			 supported living arrangement services, including, without limitation:
(1) Murder, voluntary manslaughter or
			 mayhem;
(2) Assault or battery with
			 intent to kill or to commit sexual assault or mayhem;
(3) A crime involving assault or battery that
			 is punished as a misdemeanor, within the immediately preceding 7
			 years;
(4) Sexual assault,
			 statutory sexual seduction, incest, lewdness or indecent exposure, or any other
			 sexually related crime that is punished as a felony;
(5) Prostitution, solicitation, lewdness or
			 indecent exposure, or any other sexually related crime that is punished as a
			 misdemeanor, within the immediately preceding 7 years;
(6) A crime involving domestic violence that
			 is punished as a felony;
(7) A
			 crime involving domestic violence that is punished as a misdemeanor, within the
			 immediately preceding 7 years;
(8)
			 Abuse or neglect of a child or contributory delinquency;
(9) 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 immediately
			 preceding 7 years;
(10) Abuse,
			 neglect, exploitation, isolation or abandonment of older persons or vulnerable
			 persons, including, without limitation, a violation of any provision of
			 NRS
			 200.5091 to
			 200.50995, inclusive, or a law
			 of any other jurisdiction that prohibits the same or similar conduct;
(11) A violation of any provision of law
			 relating to the State Plan for Medicaid or a law of any other jurisdiction that
			 prohibits the same or similar conduct, within the immediately preceding 7
			 years;
(12) A violation of any
			 provision of NRS
			 422.450 to
			 422.590, inclusive;
(13) A criminal offense under the laws
			 governing Medicaid or Medicare, within the immediately preceding 7
			 years;
(14) Any offense involving
			 fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or
			 misappropriation of property, within the immediately preceding 7
			 years;
(15) Any other felony
			 involving the use or threatened use of force or violence against the victim or
			 the use of a firearm or other deadly weapon; or
(16) An attempt or conspiracy to commit any
			 of the offenses listed in this paragraph, within the immediately preceding 7
			 years;
(d) The physical
			 site at which the applicant will provide supported living arrangement services,
			 if applicable, was not approved by the Division pursuant to NAC
			 435.518;
(e) The proposed supported living arrangement
			 services to be provided by the applicant have any major deficiency which would
			 preclude compliance with NAC
			 435.500 to
			 435.740, inclusive of this
			 regulation, and sections 2 to 8, inclusive, of this regulation; or
(f) The applicant, an officer or employee of
			 the applicant or an independent contractor of the applicant who oversees the
			 provision of supported living arrangement services has been excluded from
			 participation in Medicare, Medicaid and other federal health care programs
			 pursuant to
			 42
			 U.S.C. §§
										1320a-7 et seq. or any
			 regulations adopted pursuant thereto.