reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Requirements Regarding Proposed Projects › Section 439A.305 - Letter of intent: General requirements

Current through June 11, 2024
1. Any person
				who intends to initiate a project that may be subject to review pursuant to
				NRS
				439A.100 shall, before incurring a capital
				expenditure for the project, submit to the Department a letter of
				intent.
2. A letter of intent must
				be submitted on and include the information required by the form prescribed for
				this purpose by the Department or must include:
(a) The identity of the applicant;
(b) The proposed location of the
				project;
(c) A description of the
				proposed project which identifies any facility, medical equipment or health
				service to be included;
(d) The
				estimated date of completion of the proposed project, including a summary and
				schedule of anticipated future phases of construction within the proposed
				project;
(e) The total estimated
				costs of the project, including:
(1) The total
				estimated capital expenditures;
(2)
				All other costs of the project, including, without limitation, the cost for:
(I) The development of the site;
(II) A contingency plan for an amount which
				must be at least 10 percent of the total cost of the project;
(III) Architecture and engineering;
(IV) Furniture, fixtures and equipment;
				and
(V) Major medical equipment;
				and
(3) The portion of
				estimated capital expenditures which is related to new construction;
				and
(f) A copy of a
				written estimate of the cost of construction of the proposed project, by major
				cost categories, from an architect or contractor.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Requirements Regarding Proposed Projects › Section 439A.315 - Letter of intent: Action by Department; termination

Current through June 11, 2024
1. The Department will, within 15 days after
				the receipt of a letter of intent, determine whether the proposed project is
				subject to review.
2. If the
				Department determines that the proposed project would violate any condition
				imposed by a previously issued letter of approval, the Department will notify
				the applicant that the proposed project will not be considered until the
				condition is removed pursuant to NAC 439A.495.
3. The Department will notify the applicant
				by mail of its decision. If the proposed project is subject to review, the
				notice will include the date by which an application must be
				submitted.
4. A letter of intent is
				considered no longer in effect if an application is not submitted to the
				Department by the date specified in the notice issued pursuant to subsection 3
				of this section.
Added to NAC by Dep't
				  of Human Resources, eff. 9-4-84; A 3-6-86; 11-10-87;
				  10-14-97
NRS
					 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Requirements Regarding Proposed Projects › Section 439A.322 - Submission of information to Department

Current through June 11, 2024
1. Any person who
				wishes to undertake a project listed in subsection 1 of
				NRS
				439A.100 shall provide the Department with
				the information required by paragraphs (a) to (e), inclusive, of subsection 2
				of NAC 439A.305.
2. The Department
				will maintain a file containing the information submitted pursuant to this
				section.
Added to NAC by Dep't
				  of Human Resources, eff. 11-10-87; A 1-2-90;
				  10-14-97
NRS
					 439A.081,
					 439A.100
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Requirements Regarding Proposed Projects › Section 439A.325 - Projects for which approval required

Current through June 11, 2024
1. For projects
				subject to review pursuant to subsection 1 of
				NRS
				439A.100, the amount specified for the
				capital expenditure, as adopted by the Department, is $2,000,000.
2. Pursuant to subsection 4 of
				NRS
				439A.100, additional approval must be
				obtained before any change may be made to a previously approved project if the
				proposed change would result in:
(a) A change
				in the location of the project; or
(b) A substantial increase in the maximum
				capital expenditure.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Requirements Regarding Proposed Projects › Section 439A.335 - Conference with applicant

Current through June 11, 2024
1. If a proposed
				project is subject to review, the Department will schedule a conference with
				the applicant, which will be held not later than 15 days after the date on
				which the letter of determination has been mailed in response to the letter of
				intent.
2. Before or at the
				conference, the Department will provide the applicant with the following
				information and materials:
(a) A copy of the
				form for application and any applicable regulations and statutes;
(b) Instructions for completing the form;
				and
(c) Notice of the applicable
				guidelines and other data which will be used by the Department in the review of
				the application.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Requirements Regarding Proposed Projects › Section 439A.338 - Capital expenditures for which approval not required; determination of cost of new construction subject to letter of approval (Repealed)

Current through June 11, 2024
Added to NAC by Dep't
				  of Human Resources, eff. 11-10-87; A 1-2-90; 10-14-97; R by
				  R150-15,
				  eff. 6/28/2016
NRS
					 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Applications › Section 439A.345 - Availability and use of forms

Current through June 11, 2024
1. The Department
				will keep on file and make available to any person copies of its current forms
				for applications.
2. All
				applications must be submitted in the form prescribed by the Department and
				must adequately address all questions and supply all information applicable to
				the proposed project and necessary to enable the Director to make a decision
				regarding the project.
Added to NAC by Dep't
				  of Human Resources, eff. 9-4-84; A 3-6-86; 1-2-90
NRS
					 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Applications › Section 439A.355 - Time for submission; limitation on acceptance

Current through June 11, 2024
1. For
				a project that is subject to the provisions of
				NRS
				439A.100, an application must be received by
				the Department no later than 60 days after the date on which the letter of
				determination is mailed in response to the letter of intent.
2. The Director will not accept an
				application for a letter of approval if it is submitted to fulfill a need
				beyond the fifth calendar year after the calendar year in which the application
				is submitted for review.
Added to NAC by Dep't
				  of Human Resources, eff. 9-4-84; A 3-6-86; 11-10-87; 1-2-90;
				  10-14-97
NRS
					 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Applications › Section 439A.365 - Procedure for submission; fee; acknowledgment of receipt

Current through June 11, 2024
1. The original and three copies of an
				application for a letter of approval must be submitted by mail or delivered by
				hand to the Department.
2. Each
				application submitted to the Department must be accompanied by a nonrefundable
				fee of $9,500. The fee must be paid by check made payable to the order of the
				Department of Health and Human Services.
3. The Department will acknowledge receipt of
				an application and accompanying fee within 5 working days after the date of
				receipt on a form prescribed by the Department.
Added to NAC by Dep't
				  of Human Resources, eff. 9-4-84; A 3-6-86; 11-10-87; 1-2-90; 10-14-97; A by
				  R150-15,
				  eff. 6/28/2016;	A by
				  R022-20A,
				  eff. 8/26/2020
NRS 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Applications › Section 439A.375 - Amendment

Current through June 11, 2024
1. An applicant shall not materially amend
				its application for a letter of approval after the deadline for its submission.
				A material amendment is a ground for denial of such an application, and
				includes:
(a) A substantial change in the
				identity of the applicant;
(b) A
				substantial change in the proposed location of the project;
(c) A change in the number of beds included
				in the project;
(d) A substantial
				change in the health services to be provided; or
(e) A substantial change in the size or scope
				of the project.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Applications › Section 439A.379 - Denial for insufficient information; effect of acceptance

Current through June 11, 2024
1. Upon receipt of an application for a
				letter of approval, the Department will examine the application. If the
				application does not contain information sufficient to enable the Director to
				review the project, the Director will issue a letter of denial within 15 days
				after the deadline for submission of the application. The letter of denial will
				list the reasons why the application is insufficient and constitutes the final
				decision regarding the application.
2. An application for a letter of approval is
				considered insufficient only if the applicant has substantially failed to
				include the information required on the form.
3. The acceptance of such an application by
				the Department does not constitute a determination that the applicant has
				provided sufficient information to satisfy its burden of proof regarding the
				applicable criteria for review or that the application complies with all of the
				provisions of NAC 439A.295 to 439A.675, inclusive, and is not a waiver of those
				provisions.
Added to NAC by Dep't
				  of Human Resources, eff. 3-6-86; A 11-10-87;
				  1-2-90
NRS
					 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Applications › Section 439A.385 - Batching applications for comparative review

Current through June 11, 2024
1.
				After the deadline for submission as set forth in subsection 1 of NAC 439A.355,
				the Department will determine whether any applications which are not denied for
				insufficiency pursuant to NAC 439A.379 will be batched for comparative review
				pursuant to paragraph (a) of subsection 3 of
				NRS
				439A.100.
2. An application which involves more than
				one type of project or service may be placed in more than one batch.
3. Notice of the batching of an application
				will be made pursuant to NAC 439A.389.
Added to NAC by Dep't
				  of Human Resources, eff. 9-4-84; A 3-6-86; 11-10-87; 1-2-90;
				  10-14-97
NRS
					 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Review of Applications for Approval › Section 439A.389 - Public notice

Current through June 11, 2024
For each application for approval which is received before
				  the deadline for submission and which is not denied for insufficiency pursuant
				  to NAC 439A.379, the Department will, within 15 days after the application is
				  submitted, give public notice of:
1.
				The identity of the applicant;
2.
				The nature of the proposed project;
3. The batch, if any, in which the
				application is placed;
4. The date
				of commencement of the period of review;
5. The date, time and place of the public
				hearing to be held during the course of the review; and
6. The date by which written information must
				be submitted pursuant to NAC 439A.395.
Added to NAC by Dep't
				  of Human Resources, eff. 3-6-86; A 11-10-87;
				  10-14-97
NRS
					 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Review of Applications for Approval › Section 439A.395 - Submission of written information by person other than applicant

Current through June 11, 2024
Any person may submit written information regarding an
				  application for a letter of approval to the Department if the information is
				  received by the Department at least 10 days before the date of the public
				  hearing.
Added to NAC by Dep't
				  of Human Resources, eff. 9-4-84; A 3-6-86; 11-10-87; 1-2-90;
				  10-14-97
NRS
					 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Review of Applications for Approval › Section 439A.405 - Period of review; extension

Current through June 11, 2024
1. The period of
				review of an application for a letter of approval commences on the date on
				which the application is received by the Department.
2. The public hearing will be held no later
				than 45 days after the commencement of the period of review.
3. The Director will issue a decision
				regarding the application within 30 days after the close of the public
				hearing.
4. The Director will
				extend the period of review for up to 15 days if he or she determines that it
				is not practicable to render a decision within the scheduled period as a result
				of:
(a) The availability of and the amount of
				work for the employees of the Department who are responsible for conducting the
				review; or
(b) A circumstance or
				condition beyond the control of the Department.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Review of Applications for Approval › Section 439A.415 - Public hearings

Current through June 11, 2024
1. The Department
				will provide a public hearing for each application for a letter of
				approval.
2. A single public
				hearing will be held for all applications within a single batch.
3. The Department will keep a taped record of
				the public hearing, together with all exhibits introduced.
4. The purposes of the public hearing are:
(a) To provide for public comment on the
				application; and
(b) To receive
				evidence from the applicant and those persons who have submitted written
				information pursuant to NAC 439A.395 regarding material issues and to consider
				questions from the Department.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Review of Applications for Approval › Section 439A.435 - Review of record for application

Current through June 11, 2024
The Director will review the Department's record for each
				  application for a letter of approval. The record must include:
1. The application, together with any
				supporting documents;
2. The record
				of the public hearing; and
3. The
				official records of the Department pertaining to the application.
Added to NAC by Dep't
				  of Human Resources, eff. 9-4-84; A 3-6-86; 11-10-87;
				  1-2-90
NRS
					 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Review of Applications for Approval › Section 439A.445 - Decision of Director

Current through June 11, 2024
1. The decision of
				the Director relating to an application for a letter of approval will be
				supported by written findings of fact which must include:
(a) Whether a need for the proposed project
				exists in the community;
(b)
				Whether the proposed project is financially feasible;
(c) The effect of the proposed project on the
				cost of health care; and
(d) The
				appropriateness of the proposed project in the community.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Approval › Section 439A.455 - Letter of approval or disapproval; failure to accept letter of approval; public notice; reconsideration

Current through June 11, 2024
1. In connection
				with an application made pursuant to NRS 439A.100, the Director will issue to
				each applicant a letter of approval or disapproval, together with a copy of the
				written findings of fact issued pursuant to NAC 439A.445. This letter is the
				official document permitting or denying the applicant's project.
2. A letter of disapproval will contain the
				reasons for denial.
3. A letter of
				approval will contain:
(a) A timetable for the
				project, including a specific date by which the proposed facility must be made
				available for receiving patients or providing services;
(b) The maximum capital expenditure for the
				project;
(c) The specific location
				of the project;
(d) The specific
				health services and the number of beds identified in the application;
(e) Notice of the requirement that, within 30
				days after the date of publication of the decision, the applicant must file
				with the Department its written acceptance of the decision; and
(f) Each condition placed on the approval
				which is directly related to the proposed project and the criteria for
				review.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Approval › Section 439A.465 - Progress reports; requests for information; access to project site and records

Current through June 11, 2024
1. The holder of a
				letter of approval shall provide the Department with quarterly progress
				reports, beginning with the first calendar quarter following the issuance of
				the letter of approval and due no later than 30 days after the end of the
				quarter. Each progress report must include all of the following:
(a) The date of commencement of the
				project;
(b) The extent of progress
				made in complying with the approved timetable, including:
(1) All deadlines which have passed;
				and
(2) Whether the required
				activity met the deadline;
(c) Any financial arrangements which differ
				from those originally approved, including a detailed description of, and the
				reason for, each difference;
(d)
				The actual cost to date for the project;
(e) A revised estimate of the total project
				cost, including a detailed description and explanation of the differences, if
				any, between the revised cost and that originally approved;
(f) All the steps taken to ensure compliance
				with each applicable condition;
(g)
				The material changes in the project, including a detailed description and
				explanation of each change; and
(h)
				The projected date of completion of the project.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Approval › Section 439A.475 - Extension of approved timetable

Current through June 11, 2024
1. A letter of
				approval is subject to withdrawal pursuant to NAC 439A.505 if the approved
				timetable is not met by the holder of the letter of approval, unless an
				extension is granted by the Department pursuant to this section.
2. An extension will be granted only if the
				applicant manifests an intention to complete the project and demonstrates that
				good and sufficient reasons exist for its failure to meet the timetable. Good
				and sufficient reasons include delays caused by:
(a) Litigation;
(b) The actions of a regulatory agency other
				than the Department; or
(c) An
				event determined by the Department to be beyond the control of the holder of
				the letter of approval.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Approval › Section 439A.485 - Transfer of interest

Current through June 11, 2024
1. A person shall
				not sell, purchase, assign, grant or otherwise transfer or convey in any manner
				any interest in a letter of approval or a proposed project without first
				obtaining the written approval of the Director.
2. A written request for the approval of any
				transfer must be submitted to the Director by the holder of the letter of
				approval and must include:
(a) The identity
				and, if other than a natural person, the organizational structure of the person
				who will acquire the interest;
(b)
				All facts and materials relating to the proposed transaction;
(c) Copies of all legal documents required to
				be executed by the parties in order to effect the transfer; and
(d) A statement signed by the person who will
				acquire the interest manifesting an intent to complete the project and agreeing
				to be bound by each condition of the letter of approval.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Approval › Section 439A.495 - Removal or alteration of conditions

Current through June 11, 2024
1. A person whose
				project has been approved subject to conditions may request the Director to
				remove or alter those conditions. The request must be submitted to the Director
				in writing and must include:
(a) A statement
				of each condition which is requested to be removed or altered; and
(b) For each such condition, specific
				identification and documentation of the current factors which:
(1) Were not in existence at the time of
				imposition of the condition; and
(2) Might warrant the removal or alteration
				of the condition.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Approval › Section 439A.505 - Withdrawal of letter of approval

Current through June 11, 2024
1. Proceedings to
				withdraw a letter of approval may be initiated if the holder:
(a) Fails to meet the approved timetable set
				forth in the letter of approval or an extension thereof;
(b) Fails to comply with subsection 4 of
				NRS
				439A.100 when a change requiring additional
				approval has occurred;
(c) Fails or
				prospectively fails to meet any condition imposed by the letter of
				approval;
(d) Fails to execute the
				project as approved in the letter of approval;
(e) Violates the provisions of NAC 439A.485
				regarding a transfer of interest;
(f) Violates the provisions of NAC 439A.465
				regarding reports on progress, submission of information or access for
				inspection and examination; or
(g)
				Substantially, willfully or intentionally fails to comply with any other
				material provision of NAC 439A.295 to 439A.675, inclusive, related to the
				letter of approval.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Procedural Matters › Section 439A.515 - Reconsideration of decisions

Current through June 11, 2024
1. Any person:
(a) Who is the subject of a letter of
				disapproval;
(b) Whose project has
				been determined to be subject to review pursuant to NAC 439A.315; or
(c) Whose letter of approval has been
				withdrawn pursuant to NAC 439A.505, may request reconsideration of the
				decision.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Procedural Matters › Section 439A.525 - Judicial review

Current through June 11, 2024
A decision of the Director subject to reconsideration is a
				  final decision for judicial review and a request for reconsideration is not a
				  prerequisite for judicial review.
Added to NAC by Dep't
				  of Human Resources, eff. 9-4-84; A 3-6-86
NRS
					 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Procedural Matters › Section 439A.545 - Provision of notice: Generally

Current through June 11, 2024
1. Unless otherwise
				required in NAC 439A.295  to 439A.675, inclusive, notice given pursuant to NAC
				439A.295  to 439A.675, inclusive, will be made in accordance with this
				section.
2. Notice will be provided
				by mail or electronically to:
(a) The
				applicant or the holder of a letter of approval;
(b) The person requesting the proceeding for
				which the notice of the proceeding or the resulting decision is being
				given;
(c) All persons who have
				requested in writing or electronically that they be placed on a list for the
				purpose of receiving such notice; and
(d) Any health facility that:
(1) Holds a license, certificate or permit
				issued pursuant to chapter 449 of NRS;
(2) Is located in the service area of the
				proposed project; and
(3) Offers
				health services similar to those offered by the proposed project.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Procedural Matters › Section 439A.555 - Provision of notice: Hearings

Current through June 11, 2024
When a notice of a public hearing is made pursuant to NAC
				  439A.295  to 439A.675, inclusive, the notice will include:
1. The date of the public hearing;
2. The time and place of the
				hearing;
3. The nature of the
				hearing;
4. A statement of the
				legal authority and jurisdiction under which the hearing is to be
				held;
5. A reference to the
				particular sections of state statutes and regulations involved; and
6. A short and plain statement of the matters
				to be asserted.
Added to NAC by Dep't
				  of Human Resources, eff. 9-4-84; A 3-6-86;	A by
				  R022-20A,
				  eff. 8/26/2020
NRS 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Criteria for Review of Proposed Projects › Section 439A.595 - Burden of proof; applicability

Current through June 11, 2024
1. The applicant
				for a letter of approval has the burden of proof to satisfy all applicable
				criteria for review contained in NAC 439A.605 to 439A.637, inclusive.
2. A finding that the applicant has failed to
				meet its burden of proof regarding an applicable criterion will be made if:
(a) The applicant fails to provide
				sufficient, relevant, demonstrative evidence for a favorable determination;
				or
(b) The evidence on the record
				opposing the application outweighs the evidence in support of the application
				regarding the criterion.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Criteria for Review of Proposed Projects › Section 439A.605 - Need for project to be undertaken

Current through June 11, 2024
The applicant shall demonstrate that the population to be
				  served has a need for the project to be undertaken, based upon:
1. The identification of the population to be
				served;
2. The projected numbers of
				persons who will have a need for the proposed service; and
3. A showing that the existing providers of
				the proposed service in the area cannot or will not meet the projected need of
				the population to be served.
Added to NAC by Dep't
				  of Human Resources, eff. 9-4-84; A 3-6-86;
				  11-10-87
NRS
					 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Criteria for Review of Proposed Projects › Section 439A.625 - Financial feasibility

Current through June 11, 2024
1. The applicant
				shall demonstrate that it will be able to operate in a manner which is
				financially feasible as a result of the proposed project without unnecessarily
				increasing the cost to the user or payor for health services provided by the
				applicant, by showing:
(a) That it will become
				financially self-supporting within 3 years after completion; or
(b) That the applicant's total facility will
				be financially self-supporting within this period or that the financial
				viability of the facility will not be adversely affected by the proposed
				project.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Criteria for Review of Proposed Projects › Section 439A.635 - Effect on cost of health services

Current through June 11, 2024
1. The applicant
				shall demonstrate that the proposed project will not have an unnecessarily
				adverse effect on the cost of health services to users or payors by showing
				that:
(a) The proposed project will result in
				a significant savings in costs to users or payors without an adverse effect on
				the quality of care; or
(b) If the
				proposed project will not result in a significant savings in costs to the user
				or payor for health services, the costs of the service are justified by:
(1) A clinical or operational need;
(2) A corresponding increase in the quality
				of care; or
(3) A significant
				reduction in risks to the health of the patients to be served by the
				applicant.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Criteria for Review of Proposed Projects › Section 439A.637 - Appropriateness for the area to be served

Current through June 11, 2024
In determining whether the proposed project is appropriate
				  for the area to be served, the Director will consider:
1. The location of the proposed project,
				including:
(a) The time for travel and
				distance to other facilities for required transfers of patients or transfers in
				the event of an emergency;
(b) The
				distance and the time for travel required for the population to be served to
				reach the applicant's facility and other facilities providing similar services;
				and
(c) The nature of and
				requirements for zoning for the area surrounding the proposed location of the
				project.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Criteria for Review of Proposed Projects › Section 439A.639 - Health maintenance organizations

Current through June 11, 2024
If the applicant is a health maintenance organization or the
				  applicant proposes to provide a service only to a health maintenance
				  organization, in addition to the criteria established in NAC 439A.595 to
				  439A.637, inclusive, the applicant must demonstrate that the proposed service
				  is necessary to meet the needs of enrolled members and a reasonable number of
				  anticipated members of the organization, based upon:
1. The identification of the special
				needs;
2. The number of enrolled
				members; and
3. The number of new
				members anticipated within the next year.
Added to NAC by Dep't
				  of Human Resources, eff. 3-6-86; A 11-10-87;
				  10-14-97
NRS
					 439A.081,
					 439A.100
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Miscellaneous Provisions › Section 439A.645 - Prohibited communications

Current through June 11, 2024
1. Communication
				concerning the subject matter of a hearing held pursuant to NAC 439A.295 to
				439A.675, inclusive, is prohibited between:
(a) Any person acting on behalf of the
				applicant or holder of a letter of approval, or any person opposed to the
				issuance of or in favor of the withdrawal of a letter of approval;
				and
(b) Any person in the
				Department who exercises any responsibility concerning the application or its
				withdrawal, from the date of commencement of the public hearing until the
				decision on the subject matter of the hearing is rendered.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Miscellaneous Provisions › Section 439A.655 - Civil penalties

Current through June 11, 2024
1. Any penalty
				imposed pursuant to paragraph (a) of subsection 1 of
				NRS 439A.310 must
				be paid before the issuance of any license. The failure to pay a penalty is a
				ground for denial of an application for a letter of approval or withdrawal of a
				letter of approval.
2. If the
				Director determines that a person is subject to a penalty pursuant to
				NRS 439A.310, the
				Director will, before the imposition of the penalty:
(a) Afford the person a hearing to show cause
				why a penalty should not be imposed; and
(b) Send to the person, at least 20 days
				before the hearing, notice of the violation and hearing, which includes:
(1) The specific violation for which the
				Director proposes to impose a penalty, including a specific citation to the
				provision which is alleged to have been violated;
(2) The specific amount of the proposed
				penalty for each specified violation;
(3) The date, time and place scheduled for
				the hearing; and
(4) A statement of
				the rights of the person pursuant to chapter 233B of NRS.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Miscellaneous Provisions › Section 439A.665 - Applicable regulations

Current through June 11, 2024
The regulations in effect at the time of the acceptance of
				  the application for review by the Department will be the regulations governing
				  the entire administrative process for the application.
Added to NAC by Dep't
				  of Human Resources, eff. 9-4-84; A 3-6-86
NRS
					 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Miscellaneous Provisions › Section 439A.670 - Waiver of procedural provisions

Current through June 11, 2024
The Department may waive or alter any procedural provision of
				  NAC 439A.295 to 439A.675, inclusive, if the intent of that provision would not
				  be carried out by its strict application.
Added to NAC by Dep't
				  of Human Resources, eff. 11-10-87
NRS
					 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › APPROVAL OF PROJECTS › Miscellaneous Provisions › Section 439A.675 - Reports by Department; access to materials

Current through June 11, 2024
1. The
				Department will prepare and publish a report at least annually indicating the
				status of all applications and the decisions made on applications since the
				previous report.
2. The public will
				have access to all applications and other written materials pertaining to NAC
				439A.295 to 439A.675, inclusive, except for materials which are required by law
				to be made confidential.
3. The
				Department may provide copies of materials requested pursuant to this section
				upon reimbursement for the costs of providing the copies.
Added to NAC by Dep't
				  of Human Resources, eff. 9-4-84; A 1-2-90-Substituted in revision for NAC
				  439A.565.
NRS
					 439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › PHYSICIAN VISA WAIVER PROGRAM › Section 439A.700 - "Advisory Council" defined

Current through June 11, 2024
As used in NAC 439A.700 to 439A.755, inclusive, unless the
				context otherwise requires, "Advisory Council" means the Primary Care Advisory
				Council created by NAC 439A.710.
Added to NAC by Bd. of
				Health by R138-10, eff. 5-5-2011
NRS
				  439A.170,
				  439A.175
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › PHYSICIAN VISA WAIVER PROGRAM › Section 439A.710 - Advisory Council: Creation; composition; vacancies; meetings; appointment of subcommittee authorized

Current through June 11, 2024
1. The Primary Care
			 Advisory Council is hereby created within the Division of Public and Behavioral
			 Health. The Advisory Council consists of members appointed by the Administrator
			 as follows:
(a) One member who represents the
			 Nevada Primary Care Association, or a successor organization;
(b) One member who represents a federally
			 qualified health center in this State;
(c) One member who represents the Nevada
			 Office of Rural Health within the University of Nevada School of
			 Medicine;
(d) One member who is a
			 physician licensed in good standing pursuant to chapter 630 of NRS and who has
			 successfully completed an employment contract under the Program;
(e) One member who represents the Nevada
			 State Medical Association, or its successor organization;
(f) Members who are health care
			 professionals; and
(g)
			 Representatives from the communities being served by the Program.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › PHYSICIAN VISA WAIVER PROGRAM › Section 439A.715 - Advisory Council: Duties

Current through June 11, 2024
The Advisory Council shall review and make recommendations to
				the Administrator concerning:
1. The
			 approval or denial of applications for letters of support filed with the
			 Administrator pursuant to NAC 439A.725.
2. The disposition of complaints submitted to
			 the Program pursuant to NAC 439A.745.
3. The policies and procedures of the
			 Program.
Added to NAC by Bd. of
				Health by R138-10, eff. 5-5-2011
NRS
				  439A.170,
				  439A.175
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › PHYSICIAN VISA WAIVER PROGRAM › Section 439A.720 - Application for letter of support: Requirements; request for waiver of portion of fees; where available

Current through June 11, 2024
1. An application
			 for a letter of support must:
(a) Be
			 complete.
(b) Include the materials
			 required by subsection 1 of NRS 439A.175.
(c) Be on the form prescribed by the Division
			 of Public and Behavioral Health.
(d) Contain the notarized signatures of the
			 employer and the J-1 visa physician.
(e) Except as otherwise provided in
			 subsection 2, be accompanied by the application fee pursuant to NAC 439A.728.
			 At least one-half of the fee must be paid by the employer .
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › PHYSICIAN VISA WAIVER PROGRAM › Section 439A.725 - Application for letter of support: Submission; review by Advisory Council; responsibilities of Administrator

Current through June 11, 2024
1. An application
			 for a letter of support must be filed with the Administrator by personal
			 delivery, commercial carrier or mail.
2. The Advisory Council may review an
			 application submitted pursuant to this section for completeness and compliance
			 with the provisions of NRS 439A.130  to 439A.185, inclusive, and NAC 439A.700  to
			 439A.755, inclusive.
3.
			 Applications must be reviewed in the order in which they were
			 received.
4. The Administrator is
			 responsible for the review and the approval or denial of all applications. The
			 Administrator shall provide notice of the approval or denial of an application
			 to the applicant. If an application is incomplete, the Administrator shall
			 provide notice to the applicant within 14 days after receipt of the application
			 and provide a written explanation of the missing information or documentation.
			 An application may be resubmitted with the additional required information or
			 documentation.
5. The Administrator
			 shall accept applications pursuant to this section until all available spots
			 for enrollment of J-1 visa physicians in the Program have been filled. The
			 Administrator shall post the status of the number of available spots for
			 enrollment on the Internet website maintained by the Division of Public and
			 Behavioral Health.
6. The
			 Administrator shall not issue a letter of support to:
(a) An employer for which the Administrator
			 has withdrawn the support of the Division of Public and Behavioral Health
			 pursuant to NAC 439A.750.
(b) A J-1
			 visa physician who was determined by the Administrator to have violated a
			 provision of NRS 439A.130  to 439A.185, inclusive, or NAC 439A.700 to 439A.755,
			 inclusive, or convicted of a violation of a federal statute or regulation
			 relating to immigration within the immediately preceding 2 years.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › PHYSICIAN VISA WAIVER PROGRAM › Section 439A.728 - Application fees

Current through June 11, 2024
Except as otherwise provided in NAC 439A.720, the application
				fee for a letter of support from the Division of Public and Behavioral Health
				is:
1. For a nonprofit organization,
			 $1,000.
2. For all other
			 applicants, $2,000.
Added to NAC
				by Bd. of Health by
				R151-15,
				eff. 6/28/2016;	A by
				R017-20A,
				eff. 8/26/2020
NRS 439.150, 439.200,
				439A.170, 439A.175
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › PHYSICIAN VISA WAIVER PROGRAM › Section 439A.730 - Contract between employer and J-1 visa physician: Requirements; transfer to different employer; liquidated damages

Current through June 11, 2024
1. In addition to
			 the requirements of subsection 2 of NRS 439A.175, the contract entered into by
			 the employer and the J-1 visa physician must:
(a) Except as otherwise provided in
			 subsection 2, require the J-1 visa physician to begin work within 90 days after
			 receipt of the J-1 visa waiver.
(b)
			 Except as otherwise provided in subsection 2, be for a term of at least 3
			 years.
(c) Provide that the J-1
			 visa physician will work a minimum of 40 hours each week at the location
			 identified on the petition submitted by the J-1 visa physician to the Waiver
			 Review Division of the United States Department of State.
(d) Specify the wage that the J-1 visa
			 physician will earn. The wage must not be less than the prevailing wage
			 determined by the Office of Foreign Labor Certification of the United States
			 Department of Labor, which may be found on the Internet website maintained by
			 the Foreign Labor Certification Data Center.
(e) Contain the signatures of the employer
			 and the J-1 visa physician and the date on which the contract was signed by
			 each person.
(f) Identify the
			 conditions for termination of the contract, which must not include a provision
			 authorizing termination without cause.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › PHYSICIAN VISA WAIVER PROGRAM › Section 439A.735 - Employer: Duties

Current through June 11, 2024
An employer shall:
1.
			 Offer fees based on a sliding scale to patients whose income is at or below 200
			 percent of the federally designated level signifying poverty.
2. Ensure that the J-1 visa physician works
			 only in a location approved by the Administrator.
3. Post a sign in the waiting room of each
			 location where the J-1 visa physician works or provide written notice to each
			 patient which states that:
(a) Fees based on a
			 sliding scale are available for certain patients who have demonstrated a
			 financial need for assistance to pay for care and services.
(b) Patients will be provided care and
			 services regardless of the ability of the patient to pay.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › PHYSICIAN VISA WAIVER PROGRAM › Section 439A.740 - J-1 visa physician: Duties and requirements

Current through June 11, 2024
A J-1 visa physician must be in the final year of residency or
				a fellowship program or be requesting a transfer from the J-1 visa waiver
				program of another state and shall:
1.
			 Comply with the requirements of  8 U.S.C. §
									1184(k).
2. If the J-1 visa physician will prescribe
			 or dispense controlled substances:
(a) Obtain
			 any certificate or registration required by chapters 453 and 639 of NRS and any
			 regulations adopted pursuant thereto; and
(b) Register with the Drug Enforcement
			 Administration of the United States Department of Justice.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › PHYSICIAN VISA WAIVER PROGRAM › Section 439A.745 - Complaints: Submission; investigation; determination of Administrator

Current through June 11, 2024
1. A complaint about an employer or a J-1
			 visa physician may be submitted to the Program on the Internet website
			 maintained by the Division of Public and Behavioral Health or by submitting a
			 written complaint to the Primary Care Office of the Division at the address
			 posted on the Internet website maintained by the Division.
2. The Administrator shall investigate each
			 complaint submitted pursuant to this section. The investigation must commence
			 within 45 days after receipt of the complaint, except that if the complaint
			 alleges that the safety of a patient was threatened, the investigation must
			 commence as soon as practicable.
3.
			 If the Administrator determines that a violation of NRS 439A.130  to 439A.185,
			 inclusive, or NAC 439A.700  to 439A.755, inclusive, has occurred, the
			 Administrator:
(a) Shall, if the violation
			 affected the health and safety of a patient, submit a report to the Board of
			 Medical Examiners or the Bureau of Health Care Quality and Compliance of the
			 Division of Public and Behavioral Health; or
(b) May, if the violation did not affect the
			 health or safety of a patient, submit a report to the Board of Medical
			 Examiners or to the Bureau of Health Care Quality and Compliance of the
			 Division of Public and Behavioral Health.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › PHYSICIAN VISA WAIVER PROGRAM › Section 439A.750 - Violations

Current through June 11, 2024
1. If an employer violates the provisions of
			 NRS 439A.130  to 439A.185, inclusive, or NAC 439A.700  to 439A.755, inclusive,
			 the Administrator may:
(a) For a first
			 offense, impose an administrative fine of $1,000.
(b) For a second or subsequent offense,
			 impose an administrative fine of $10,000.
(c) Withdraw the support of the Division of
			 Public and Behavioral Health for the employer and assist in the transfer of the
			 J-1 visa physician to a different employer pursuant to subsection 2.
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › PHYSICIAN VISA WAIVER PROGRAM › Section 439A.755 - Hearing

Current through June 11, 2024
A J-1 visa physician or an employer may request a hearing on
				any action taken by the Administrator pursuant to subsection 3 of NAC 439A.745
				or 439A.750. The hearing must be conducted in accordance with the procedures
				set forth in NAC 439.300 to 439.395, inclusive.
Added to NAC by Bd. of
				Health by R138-10, eff. 5-5-2011
NRS
				  439A.170,
				  439A.180
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › PROGRAMS TO INCREASE AWARENESS OF INFORMATION CONCERNING HOSPITALS AND SURGICAL CENTERS FOR AMBULATORY PATIENTS › Section 439A.800 - "Surgical center for ambulatory patients" defined

Current through June 11, 2024
As used in NAC 439A.800 to 439A.840, inclusive, unless the
				context otherwise requires, "surgical center for ambulatory patients" has the
				meaning ascribed to it in
				NRS
				449.019.
Added to NAC by Dep't of
				Health & Human Services by R151-08, eff.
				12-17-2008
NRS
				  439A.250
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › PROGRAMS TO INCREASE AWARENESS OF INFORMATION CONCERNING HOSPITALS AND SURGICAL CENTERS FOR AMBULATORY PATIENTS › Section 439A.810 - Information concerning surgical centers for ambulatory patients: Requirements for submission of information to Department; confidential information

Current through June 11, 2024
1. Each surgical
			 center for ambulatory patients shall prepare and submit to the Department, for
			 each outpatient treated by the surgical center during each calendar month, the
			 most recent universal billing form specified by the Centers for Medicare and
			 Medicaid Services in an electronic format specified by the Department. Except
			 as otherwise provided in NAC 439A.815, the surgical center shall submit the
			 required information not later than 45 days after the last day of each calendar
			 month.
2. The Department, and any
			 person with whom the Department enters into a contract for the development and
			 operation of its universal billing data system, shall not disclose any
			 information from the data system which reveals the identity of a specific
			 outpatient of a surgical center.
Added to NAC by Dep't of
				Health & Human Services by R151-08, 12-17-2008, eff.
				5-20-2009
NRS
				  439A.250