reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 433.315 - "Mental illness" defined

Current through June 11, 2024
"Mental illness" has the meaning ascribed to it in NRS
				  433.164.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 433.318 - "Provider" defined

Current through June 11, 2024
"Provider" means a natural person or a partnership, firm,
				  corporation, association, state or local government or agency thereof that is
				  issued a provisional certificate or certificate.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 433.321 - "Provisional certificate" defined

Current through June 11, 2024
"Provisional certificate" means a temporary certificate to
				  provide services that is issued pursuant to section 14.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 433.324 - "Quality assurance review" defined

Current through June 11, 2024
"Quality assurance review" means a review of the provision of
				  services conducted by the Division pursuant to section 19.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Issuance and Renewal of Provisional Certificates and Certificates › Section 433.327 - Provisional certificate or certificate required to provide services; exception

Current through June 11, 2024
Except as otherwise provided in section 5 of Assembly Bill
				  No. 46, chapter 269, Statutes of Nevada 2017, at page ___, a person or
				  governmental entity must hold a provisional certificate or certificate to
				  provide services or receive payment from the Division for
				  services.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  sections 5 and 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017,
				  at page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Issuance and Renewal of Provisional Certificates and Certificates › Section 433.330 - Contents of application for provisional certificate

Current through June 11, 2024
An application for a provisional certificate must be
				  submitted to the Division on a form furnished by the Division and must
				  include:
1. For an applicant who is a
				natural person:
(a) Three or more letters of
				professional reference;
(b) A
				certification, signed by the applicant, that the applicant will maintain the
				confidentiality of information relating to any person who receives
				services;
(c) Proof that the
				applicant has successfully completed a course in cardiopulmonary resuscitation
				according to the guidelines of the American Red Cross or American Heart
				Association;
(d) Proof that the
				applicant is currently certified in standard first aid through a course from
				the American Red Cross or American Heart Association or, if the applicant
				submits proof that the course meets or exceeds the requirements of the American
				Red Cross or the American Heart Association, an equivalent course in standard
				first aid;
(e) Written
				verification, on a form prescribed by the Division, that the fingerprints of
				the applicant were taken and forwarded electronically or by another means
				directly to the Central Repository for Nevada Records of Criminal History and
				that the applicant has given written permission to the law enforcement agency
				or other authorized entity taking the fingerprints to submit the fingerprints
				to the Central Repository for submission to the Federal Bureau of Investigation
				and to such other law enforcement agencies as the Division deems necessary for
				reports on the applicant's background to the Division and the
				applicant;
(f) A copy of the social
				security card of the applicant;
(g)
				Proof that the applicant has sufficient working capital to provide services for
				at least 3 months without compensation;
(h) If applicable, a copy of the applicant's
				state business license and a copy of the current business license issued for
				the applicant's business by the county, city or town in which the applicant's
				business is located or written verification that the applicant is exempt from
				any requirement to obtain a business license; and
(i) Any other information required by the
				Division.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Issuance and Renewal of Provisional Certificates and Certificates › Section 433.333 - Review of application for provisional certificate; actions upon determination that application is incomplete

Current through June 11, 2024
1. The Division
				shall review each application for a provisional certificate to determine
				whether the application is complete.
2. If the Division determines that an
				application for a provisional certificate is incomplete, the Division shall
				notify the applicant that the application is incomplete and authorize the
				applicant to submit any required information or documentation to complete the
				application. The applicant must submit any additional information or
				documentation not later than 30 calendar days after receipt of the notice. The
				Division may deny the application if the applicant does not submit any required
				information or documentation in accordance with this subsection. If the
				application is denied pursuant to this subsection, the applicant may not
				resubmit an application for a provisional certificate for at least 12 months
				after receipt of the notice of the denial given pursuant to section
				15.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  sections 5 and 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017,
				  at page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Issuance and Renewal of Provisional Certificates and Certificates › Section 433.336 - Interview of applicant; training; issuance and validity of provisional certificate

Current through June 11, 2024
1. If the Division
				determines that an application for a provisional certificate is complete, the
				Division shall establish a screening panel composed of employees of the
				Division to interview the applicant and determine whether the applicant is
				qualified to participate in the training required by subsection 2.
2. Except as otherwise provided in this
				subsection, if the screening panel determines that an applicant is qualified to
				obtain a provisional certificate, the applicant must complete 16 hours of
				training provided by the Division concerning the provision of services. The
				training must be completed not later than 3 months after the date on which the
				screening panel makes its determination. If the applicant is not a natural
				person, each officer or employee of the applicant who will oversee the
				provision of services by the applicant must complete the training required by
				this subsection.
3. Upon successful
				completion of the training required by subsection 2, the Division shall issue a
				provisional certificate to the applicant.
4. A provisional certificate is valid until
				the Division completes the initial quality assurance review required by section
				16 .
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  sections 5 and 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017,
				  at page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Issuance and Renewal of Provisional Certificates and Certificates › Section 433.342 - Request for quality assurance review; revocation or extension of provisional certificate; issuance of certificate

Current through June 11, 2024
1. Within 6 months
				after the issuance of a provisional certificate, the holder of the provisional
				certificate shall request the Division to conduct a quality assurance review as
				provided in section 19 . If no timely request is made or the Division
				determines as the result of the quality assurance review that the holder of the
				provisional certificate is not in full compliance with the standards for the
				provision of services set forth in sections 2 to 33, inclusive, the Division
				may revoke or extend the term of the provisional certificate. The Division may
				extend the term of the provisional certificate for any period not to exceed 6
				months.
2. If the Division extends
				the term of a provisional certificate pursuant to subsection 1, the holder of
				the provisional certificate shall, before the expiration of the extended term,
				request the Division to conduct another quality assurance review. If no timely
				request is made or the Division determines as the result of the quality
				assurance review that the holder of the provisional certificate is not in full
				compliance with the standards described in subsection 1, the Division shall
				revoke the provisional certificate.
3. If the Division determines as the result
				of a quality assurance review conducted pursuant to subsection 1 or 2 that the
				holder of a provisional certificate is in full compliance with the standards
				described in subsection 1, the Division shall issue a certificate to the holder
				of the provisional certificate. The Division may issue a certificate to a
				provider for any period not to exceed 2 years.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  sections 5, 6 and 8 of Assembly Bill No. 46, chapter 269, Statutes of Nevada
				  2017, at page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Issuance and Renewal of Provisional Certificates and Certificates › Section 433.345 - Renewal of certificate

Current through June 11, 2024
Upon the expiration of a certificate, the Division may renew
				  the certificate of the provider for any period not to exceed 2 years if the
				  Division conducts a quality assurance review as provided in section 19 and
				  determines that the provider is in compliance with the standards for the
				  provision of services set forth in sections 2 to 33,
				  inclusive.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  sections 5, 6 and 8 of Assembly Bill No. 46, chapter 269, Statutes of Nevada
				  2017, at page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 433.348 - Duties of provider

Current through June 11, 2024
A provider shall:
1.
				Comply with any state or federal statute or regulation as required for the
				Division to receive state or federal money for the provision of services,
				including, without limitation, any standard of care set forth in:
(a) The State Plan for Medicaid;
				and
(b) The Medicaid Services
				Manual established by the Division of Health Care Financing and Policy of the
				Department of Health and Human Services.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 433.351 - Policies and procedures of governmental or organizational provider

Current through June 11, 2024
If a provider is a governmental entity or an organization, it
				  shall, in conformance with sections 2 to 33, inclusive, establish policies and
				  procedures for the provision of services and the welfare of the persons it
				  serves.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 433.354 - Arrangements for services from specially trained persons; determination of need for such services

Current through June 11, 2024
1. A provider shall
				make arrangements for obtaining services from persons professionally qualified
				in the field of psychiatric mental health or other specially trained persons,
				as needed, to assist in planning, carrying out and reviewing the provision of
				services. Evidence of any use of such services must be on file with the
				provider.
2. The need for such
				services must be determined initially by the individual support team
				established pursuant to section 24 for the person receiving services and be
				reviewed by the team on a regular basis, at least annually.
3. As used in this section, "person
				professionally qualified in the field of psychiatric mental health" has the
				meaning ascribed to it in NRS 433.209.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 433.357 - Financial plan; financial records; financial report

Current through June 11, 2024
A provider shall:
1.
				Develop and maintain a financial plan which ensures that there are sufficient
				resources to meet the costs for care of the persons receiving services from the
				provider;
2. Maintain financial
				records adequate to determine whether the provider meets all the requirements
				of sections 2 to 33, inclusive related to finances; and
3. Submit to the Division any financial
				report:
(a) Which the Division requests in
				writing; and
(b) The need for which
				is explained by the Division.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 433.360 - Assessment of need for services; maintenance of findings of assessment; establishment of individualized support team and permanent individual plan; acceptance of person before assessment

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 4, a provider may not provide services to a
				person until there has been an assessment of the need for services for the
				person.
2. The assessment must be
				performed or approved by the Division. As part of the assessment, the Division
				or other entity that performs the assessment must establish an interim
				individualized plan.
3. Following
				the assessment, if the person is accepted by the provider:
(a) The findings of the assessment must be
				maintained by the Division and entered into the person's record kept and
				maintained by the provider as provided in section 27 ; and
(b) The Division shall establish an
				individual support team for the person and, in collaboration with the
				individual support team, establish a permanent individualized plan.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 433.363 - Contract for provision of services

Current through June 11, 2024
A provider shall enter into a written contract for the
				  provision of services with each person who will receive services or his or her
				  parent or guardian, if applicable, and the Division. The contract must
				  prescribe the services that will be provided to the person and the payment that
				  the provider will receive from the Division for those
				  services.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 433.366 - Training concerning administration of medication; persons authorized to administer medication

Current through June 11, 2024
1. Each member of
				the direct support staff of a provider must successfully complete a program,
				approved by the Division, concerning the administration of
				medication.
2. A person who is
				receiving services may have his or her medication administered by:
(a) A provider of health care; or
(b) A member of the direct support staff of
				the provider if:
(1) The member of the direct
				support staff is a personal assistant who is authorized to administer
				medication by a provider of health care pursuant to NRS 629.091;
(2) The person or his or her parent or
				guardian, as applicable, provides written authorization to receive medication
				from a member of the direct support staff of the provider in accordance with
				NRS 453.375 and 454.213; and
(3)
				The person submits to a physical examination by his or her provider of health
				care on an annual basis and the provider of health care determines that the
				person is medically cleared to receive medication from the member of the direct
				support staff.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 433.369 - Record regarding recipient of services: Contents and availability for review

Current through June 11, 2024
A provider shall keep a separate record regarding each person
				  for whom services are provided. Each such record must include the information
				  needed for providing services, to substantiate billing and for the planning and
				  periodic reevaluation of the needs of the person who is receiving services. The
				  record must be available for review by the person who is receiving services or
				  his or her guardian, if applicable, and the Division.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 433.372 - Record regarding recipient of services: Retention; availability for review by representatives of Department

Current through June 11, 2024
1. A provider shall
				retain the original records of each person who receives services from the
				provider as provided in section 27 , or photographic reproductions of such
				records, for at least 3 years after the provider ceases to provide services to
				the person.
2. All such records
				must be complete, current and readily available for review by representatives
				of the Department.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 433.375 - Rights of recipient of services

Current through June 11, 2024
1. Any person who
				receives services has the same rights that are afforded to a consumer by
				chapter 433 of NRS and any regulations adopted pursuant thereto.
2. A person has the right to file a complaint
				with the Division against a provider.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Quality Assurance Reviews and Discipline › Section 433.378 - Quality assurance review

Current through June 11, 2024
1. The Division:
(a) Shall conduct a quality assurance review
				upon a request made pursuant to section 16 and before renewing a certificate
				pursuant to section 17 ; and
(b)
				May conduct a quality assurance review at any time during the certification of
				a provider if there is a complaint of abuse, neglect or exploitation or a
				concern related to the health or welfare of a person who receives services from
				the provider.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Quality Assurance Reviews and Discipline › Section 433.381 - Authorized actions of Division upon determination of deficiencies; grounds for sanctions; authorized sanctions

Current through June 11, 2024
1. If the Division
				determines pursuant to a quality assurance review that there are any
				deficiencies in the provision of services by a provider related to the health
				or welfare of a person receiving such services, the Division may:
(a) Deny, suspend or revoke the provisional
				certificate or certificate of the provider;
(b) Require the provider to prepare and
				submit to the Division a written plan of correction, which must be approved by
				the Division; or
(c) Require
				changes concerning the provision of services by the provider before the
				Division issues, renews or reinstates a provisional certificate or
				certificate.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Quality Assurance Reviews and Discipline › Section 433.384 - Grounds for revocation of provisional certificate or certificate

Current through June 11, 2024
Each of the following acts and omissions is a ground for
				  revocation of a provisional certificate or certificate:
1. Any misrepresentation of or failure to
				disclose any material fact in the application for the provisional certificate
				or in any financial record or other document requested by the
				Division.
2. A lack of personnel in
				sufficient numbers or qualifications to provide proper care and support for the
				persons receiving services.
3.
				Conviction of the provider or any employee or independent contractor of the
				provider of a crime relevant to any aspect of the provision of
				services.
4. Any deficiency of the
				provider relating to the provision of services that poses an imminent or
				probable risk of harm to the health or welfare of any person receiving
				services.
5. Any violation of any
				requirement set forth in sections 2 to 33, inclusive .
6. Any accumulation or pattern of minor
				violations of the provisions of sections 2 to 33, inclusive, if the violations
				taken as a whole endanger the health or welfare of any person who is receiving
				services.
7. Any fraudulent
				activity by the provider or an employee or independent contractor of the
				provider, including, without limitation, any fraudulent billing, falsification
				of records or misuse or misappropriation of the property of a person who is
				receiving services.
8. Failure to
				comply with any obligation set forth in the contract entered into pursuant to
				section 25 .
9. Any refusal to
				participate in any aspect of a quality assurance review or any other review or
				investigation by the Division.
10.
				The failure or refusal of the provider to implement or maintain any action
				required by the Division to correct a deficiency identified during a quality
				assurance review or any other review or investigation by the
				Division.
11. Abuse, neglect,
				exploitation or coercion of a person who is receiving services.
12. Harassing, coercive, intimidating,
				insulting, abusive or disruptive language or behavior directed at an employee
				of the Division, an employee or independent contractor of the provider, another
				provider or a person or entity providing services other than community-based
				living arrangement services, a person who is receiving services or a family
				member or guardian of such a person.
13. Exclusion of the provider, an officer or
				employee of the provider or an independent contractor of the provider who
				oversees the provision of services from participation in Medicare, Medicaid or
				any other federal health care program pursuant to federal law.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Quality Assurance Reviews and Discipline › Section 433.387 - Notice of intent to revoke provisional certificate or certificate

Current through June 11, 2024
The Division shall give a provider written notice of any
				  intended action to revoke the provisional certificate or certificate of the
				  provider as prescribed by NAC
				  439.345.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Quality Assurance Reviews and Discipline › Section 433.390 - Immediate termination of provision of services

Current through June 11, 2024
If a revocation of the provisional certificate or the
				  certificate of a provider is pending and the Division determines that the
				  grounds for the revocation place any person at an imminent or probable risk of
				  harm, the Division may immediately terminate the provision of services by the
				  provider.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Quality Assurance Reviews and Discipline › Section 433.393 - Appeal

Current through June 11, 2024
1. If a provider is aggrieved by any sanction
				imposed pursuant to section 20 or any decision concerning the denial,
				suspension or revocation of a provisional certificate or certificate, the
				provider may submit a request for an appeal to the Administrator of the
				Division pursuant to the procedures set forth in NAC
				439.300 to
				439.395, inclusive.
2. Except in the case of an immediate
				termination of the provision of services pursuant to section 32 , the effective
				date of a revocation is stayed upon receipt of a request for appeal until the
				hearing officer renders a decision regarding the appeal.
Added to
				  NAC by Div. of Men. Health & Dev. Services by
				  R090-16A,
				  eff. 7/1/2017
NRS 433.324 and
				  section 6 of Assembly Bill No. 46, chapter 269, Statutes of Nevada 2017, at
				  page.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROVIDERS OF NONEMERGENCY SECURE BEHAVIORAL HEALTH TRANSPORT SERVICES › Section 433.400 - Provider" defined

Current through June 11, 2024
As used in NAC
				433.400 to
				433.460, inclusive, unless the
				context otherwise requires, "provider" means a provider of nonemergency secure
				behavioral health transport services.
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R013-20A,
				eff. 8/26/2020
NRS
				433.324,
				433.3317,
				439.200
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROVIDERS OF NONEMERGENCY SECURE BEHAVIORAL HEALTH TRANSPORT SERVICES › Section 433.405 - Prohibition on unlicensed person or entity from providing services; application for licensure as provider; period of validity of license; application for renewal

Current through June 11, 2024
1. A person or
			 entity shall not provide nonemergency secure behavioral health transport
			 services unless the person or entity is licensed as a provider by the
			 Division.
2. To obtain a license as
			 a provider, a person or entity must apply to the Division on a form provided by
			 the Division and pay the initial application fee prescribed by NAC
			 433.460.
3. A license is valid for a term of 2 years
			 from the date on which it is issued and may be renewed. To renew a license, the
			 licensee must submit an application to the Division on a form provided by the
			 Division and, except as otherwise provided in subsection 5, pay the fee for
			 renewal prescribed by NAC
			 433.460.
4. The application for renewal must include,
			 without limitation, for each vehicle used by the licensee to transport
			 patients, a form provided by the Division and completed by the person who
			 conducted the most recent inspection of the vehicle pursuant to NAC
			 433.440 attesting that the
			 vehicle complies with the requirements of NAC
			 433.400 to
			 433.460, inclusive.
5. The Division may accept an application for
			 renewal that is submitted late if it is submitted not more than 3 years after
			 the date on which the license expired and is accompanied by the fee for late
			 renewal prescribed by NAC
			 433.460.
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R013-20A,
				eff. 8/26/2020
NRS
				433.324,
				433.3317,
				439.200
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROVIDERS OF NONEMERGENCY SECURE BEHAVIORAL HEALTH TRANSPORT SERVICES › Section 433.410 - Provider required to develop and maintain operational policies

Current through June 11, 2024
1. A provider shall develop and maintain
			 operational policies that include, without limitation:
(a) A description of the manner in which the
			 provider will communicate and coordinate with hospitals, mental health
			 facilities, independent centers for emergency medical care, providers of
			 emergency medical services and other providers of medical services;
(b) A description of the locations at which
			 the provider will station vehicles, equipment and supplies;
(c) The manner for determining whether to
			 refuse to transport a patient because the patient requires transport by
			 ambulance;
(d) A description of the
			 area served by the provider;
(e)
			 The manner in which to ensure that each employee who serves on a vehicle that
			 transports patients or provides direct supportive services to patients meets
			 the requirements of NAC
			 433.415 and a description of the
			 training that each such employee must receive;
(f) The manner in which to handle
			 transportation of patients who cannot demonstrate an ability to pay for the
			 transportation;
(g) A protocol for
			 determining when an emergency that arises during transportation requires the
			 employees to seek additional emergency assistance; and
(h) A list of each vehicle that is used by
			 the provider for nonemergency secure behavioral health transport services that
			 includes, without limitation, the vehicle identification number and license
			 plate number of each vehicle.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROVIDERS OF NONEMERGENCY SECURE BEHAVIORAL HEALTH TRANSPORT SERVICES › Section 433.415 - Training required of certain employees of provider

Current through June 11, 2024
1.
			 Before an employee of a provider may serve on a vehicle that transports
			 patients or provide direct supportive services to patients, the employee must
			 receive at least:
(a) Four hours of
			 evidence-based training concerning de-escalation of conflicts and obtain
			 biennial recertification in de-escalation of conflicts.
(b) Eight hours of evidence-based training
			 concerning behavioral health which includes, without limitation, training
			 concerning:
(1) Suicide prevention and
			 intervention;
(2) The manner in
			 which to respond when a person has overdosed on opioids; and
(3) Awareness of issues relating to mental
			 health and substance use.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROVIDERS OF NONEMERGENCY SECURE BEHAVIORAL HEALTH TRANSPORT SERVICES › Section 433.420 - Provider required to obtain criminal background check on employee who serves on vehicle that transports patients; exceptions

Current through June 11, 2024
1.
			 Except as otherwise provided in subsections 2 and 3, within 10 days after
			 hiring an employee who serves on a vehicle that transports patients, a provider
			 shall:
(a) Obtain a written statement from
			 the employee stating whether he or she has been convicted of any crime listed
			 in
			 NRS
			 449.174;
(b) Obtain from the employee one set of
			 fingerprints and a written authorization to forward the fingerprints to the
			 Central Repository for Nevada Records of Criminal History for submission to the
			 Federal Bureau of Investigation for its report;
(c) Submit to the Central Repository for
			 Nevada Records of Criminal History the fingerprints obtained pursuant to
			 paragraph (b) to obtain information on the background and personal history of
			 the employee to determine whether he or she has been convicted of any crime
			 listed in
			 NRS
			 449.174; and
(d) If an Internet website has been
			 established pursuant to
			 NRS
			 439.942:
(1) Screen the employee using the Internet
			 website. Upon request of the Division, proof that the employee was screened
			 pursuant to this subparagraph must be provided to the Division.
(2) Enter on the Internet website information
			 to be maintained on the website concerning the employee.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROVIDERS OF NONEMERGENCY SECURE BEHAVIORAL HEALTH TRANSPORT SERVICES › Section 433.425 - Employee prohibited from serving on vehicle that transports patients if convicted of certain crimes; opportunity for employee to correct information acquired through criminal background investigation

Current through June 11, 2024
1. Upon receiving information from the
			 Central Repository for Nevada Records of Criminal History pursuant to NAC
			 433.420, or evidence from any
			 other source, that an employee has been convicted of a crime listed in
			 NRS
			 449.174, a provider shall prohibit the
			 employee from serving on a vehicle that transports patients after allowing the
			 employee time to correct the information as required pursuant to subsection
			 2.
2. If an employee who serves on
			 a vehicle that transports patients believes that the information provided by
			 the Central Repository is incorrect, the employee may immediately inform the
			 provider. A provider that is so informed shall give the employee a reasonable
			 amount of time of not less than 30 days to correct the information received
			 from the Central Repository before prohibiting the employee from serving on a
			 vehicle that transports patients pursuant to subsection 1.
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R013-20A,
				eff. 8/26/2020
NRS
				433.324,
				433.3317,
				439.200
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROVIDERS OF NONEMERGENCY SECURE BEHAVIORAL HEALTH TRANSPORT SERVICES › Section 433.430 - Provider required to maintain certain liability insurance

Current through June 11, 2024
1. A provider shall maintain liability
			 insurance to cover any damage resulting from the operation of a vehicle that
			 transports patients in the amount of $1,000,000 for each individual claim and
			 $1,000,000 for any property damage caused by any single event.
2. Liability insurance required by this
			 section may be obtained from an insurer authorized to issue insurance in this
			 State or through a program of self-insurance.
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R013-20A,
				eff. 8/26/2020
NRS
				433.324,
				433.3317,
				439.200
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROVIDERS OF NONEMERGENCY SECURE BEHAVIORAL HEALTH TRANSPORT SERVICES › Section 433.435 - Vehicle used to provide services: Requirements of layout, equipment, maintenance and staffing

Current through June 11, 2024
1. A vehicle used
			 for nonemergency secure behavioral health transport services must include:
(a) A driver's compartment that is separated
			 from the passenger compartment in a manner that:
(1) Allows the driver and the passenger to
			 communicate; and
(2) Prohibits the
			 passenger from accessing the driver or any control for operating the vehicle;
			 and
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROVIDERS OF NONEMERGENCY SECURE BEHAVIORAL HEALTH TRANSPORT SERVICES › Section 433.440 - Vehicle used to provide services: Initial and annual inspection; written report of violations; date and fee for reinspection

Current through June 11, 2024
1. The Division
			 shall inspect or have inspected every vehicle to be used for providing
			 nonemergency secure behavioral health transport services before it is placed in
			 service and determine whether the vehicle complies with the requirements of NAC
			 433.400 to
			 433.460, inclusive.
2. After a license is issued to a provider,
			 the Division shall, at least one time each year, inspect or cause to be
			 inspected every vehicle used by the provider for providing nonemergency secure
			 behavioral health transport services. After each inspection, the inspector
			 shall prepare a written report describing any violation of any provisions of
			 NAC 433.400 to
			 433.460, inclusive, with respect
			 to the vehicle inspected and shall schedule a date for reinspection after
			 correction of the violation within 4 weeks after the inspection. The Division
			 shall collect the reinspection fee prescribed by NAC
			 433.460 for each vehicle
			 reinspected.
3. The inspector shall
			 give a copy of the report to the holder of the permit for the service
			 inspected.
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R013-20A,
				eff. 8/26/2020
NRS
				433.324,
				433.3317,
				439.200
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROVIDERS OF NONEMERGENCY SECURE BEHAVIORAL HEALTH TRANSPORT SERVICES › Section 433.445 - Authorized transport of persons by provider

Current through June 11, 2024
1. A
			 provider may only transport:
(a) A patient
			 from a mental health facility or medical facility to another mental health
			 facility or medical facility;
(b) A
			 person alleged to be a person in a mental health crisis to a public or private
			 mental health facility or hospital as authorized by
			 NRS
			 433A.160; or
(c) A person who is seeking voluntary
			 admission pursuant to
			 NRS
			 433A.140 to a public or private mental health
			 facility or a division facility.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROVIDERS OF NONEMERGENCY SECURE BEHAVIORAL HEALTH TRANSPORT SERVICES › Section 433.450 - Maintenance of certain documentation by provider; submission of quarterly report to Division concerning transportation of patients

Current through June 11, 2024
1. A
			 provider shall maintain and provide to the Division upon request:
(a) A copy of the operational policies
			 developed pursuant to NAC
			 433.410;
(b) The name of each employee who serves on a
			 vehicle that transports patients and proof that each such employee:
(1) Holds a valid driver's license;
(2) Has undergone an investigation of his or
			 her background and personal history as required by NAC
			 433.420 and has not been
			 convicted of a crime listed in NRS
			 449.174; and
(3) Meets the requirements set forth in NAC
			 433.415;
(c) The name of each employee who provides
			 direct supportive services to patients and proof that each such employee has
			 received the training required by NAC
			 433.415; and
(d) Proof of the insurance required by NAC
			 433.430.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROVIDERS OF NONEMERGENCY SECURE BEHAVIORAL HEALTH TRANSPORT SERVICES › Section 433.455 - Grounds for denial, suspension or revocation of license of provider

Current through June 11, 2024
The Division may deny, suspend or revoke the license of a
				provider if the Division determines, after notice and the opportunity for a
				hearing conducted pursuant to NAC
				439.300 to
				439.395, inclusive, that the
				provider has violated any federal or state law or regulation relating to the
				provision of nonemergency secure behavioral health transport
				services.
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R013-20A,
				eff. 8/26/2020
NRS
				433.324,
				433.3317,
				439.200
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › PROVIDERS OF NONEMERGENCY SECURE BEHAVIORAL HEALTH TRANSPORT SERVICES › Section 433.460 - Fees

Current through June 11, 2024
The Division shall charge and collect the following
				fees:
1. For an initial application
			 for a license to provide nonemergency secure behavioral health transport
			 services.......................................................................................................................
			 $900
2. For the renewal of a
			 license.............................................................................................
			 120
3. For the late renewal of a
			 license......................................................................................
			 190
4. Inspection of a vehicle used
			 to provide nonemergency secure behavioral health transport services
			 23
5. For the reinspection of a
			 vehicle........................................................................................
			 75
Added to NAC
				by Div. of Men. Health & Dev. Services by
				R013-20A,
				eff. 8/26/2020
NRS
				433.324,
				433.3317,
				439.150,
				439.200
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › Section 433.Sec. 2-2 - NEW

Current through June 11, 2024
1. Upon receiving a complaint alleging a
		  violation of NRS
		  433.631 or
		  433.639, the Division shall
		  investigate the complaint. The investigation may include, without limitation:
(a) An investigation of any person providing
		  or supervising the provision of peer recovery support services, the employer of
		  such a person or any other person or entity against whom allegations are made
		  in the complaint;
(b) An interview
		  of any person whom the Division determines to be relevant to the
		  investigation;
(c) An observation
		  on the site of any premises, as the Division determines is relevant to the
		  investigation; and
(d) A request
		  for any documents or information that the Division determines to be relevant to
		  the investigation, including, without limitation:
(1) The name, residential address, business
		  address, electronic mail address or telephone number of any person or
		  entity;
(2) The results of or other
		  documents relating to any investigation conducted by:
(I) The Nevada Certification Board or its
		  successor organization;
(II) The
		  employer of any person providing or supervising the provision of peer recovery
		  support services; or
(III) Any
		  other person or entity who has conducted an investigation relevant to the
		  allegations contained in the complaint; or
(3) Any relevant documents maintained by the
		  Nevada Certification Board or its successor organization.
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › Section 433.Sec. 3-2 - NEW

Current through June 11, 2024
1. If the Division determines after an
		  investigation conducted pursuant to section 2 and providing notice pursuant to
		  NAC 439.345 that any person or entity
		  has violated the provisions of
		  NRS
		  433.631 or
		  433.639, the Division may impose
		  a civil penalty not to exceed $100 for each violation.
2. In addition to a civil penalty imposed
		  pursuant to subsection 1, the Division may impose a civil penalty in an amount
		  to be determined by the Division for each day a violation continues after the
		  Division has notified the relevant person or entity of the violation. Penalties
		  imposed pursuant to this subsection must not exceed $10,000 in the
		  aggregate.
3. Any person aggrieved
		  by the imposition of a civil penalty pursuant to this section may file an
		  appeal with the Division in accordance with the procedures set forth in NAC
		  439.300 to
		  439.395, inclusive.
Added
			 to NAC by Div. of Men. Health & Dev. Services by
			 R093-22A,
			 eff. 12/29/2022
NRS
				433.324,
				433.631,
				433.639
Nevada Administrative Code › Chapter 433 - ADMINISTRATION OF MENTAL HEALTH AND MENTAL RETARDATION PROGRAMS › Section 433.Sec. 4-2 - NEW

Current through June 11, 2024
1. Except as otherwise provided in subsection
		  2 and NRS
		  239.0115, any documents and information
		  obtained during an investigation conducted pursuant to section 2 and any record
		  of such an investigation are confidential.
2. The complaint filed with the Division
		  pursuant to section 2 and all documents and information considered by the
		  Division when determining whether to impose a civil penalty pursuant to section
		  3 are public records.
Added
			 to NAC by Div. of Men. Health & Dev. Services by
			 R093-22A,
			 eff. 12/29/2022
NRS
				433.324,
				433.631,
				433.639