reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SENIOR PRESCRIPTION PROGRAM › Application and Eligibility › Section 439.836 - Continuing eligibility; annual review

Current through June 11, 2024
1. If the
				Department approves an application for a subsidy, the enrollee remains eligible
				to receive the subsidy as long as he or she continues to meet the criteria for
				receiving a subsidy set forth in this chapter and chapter 439 of NRS.
2. The Department will review the eligibility
				of each enrollee at least annually. In conducting this review, the Department
				will compare the information it has received from the enrollee with information
				concerning the enrollee that is maintained by other federal, state, county and
				local agencies, as well as other organizations that administer programs for
				low-income persons or persons with disabilities.
3. If the Department is unable to determine
				the continuing eligibility of the enrollee in the manner set forth in
				subsection 2, the Department may require the enrollee to provide additional
				documentation, including, without limitation, a copy of the income tax returns
				of the enrollee.
4. If the
				Department is unable to obtain the additional documentation required pursuant
				to subsection 3, the Department will deem the enrollee ineligible to receive a
				subsidy.
Added to NAC by Dep't
				  of Human Resources by R069-00, eff. 3-2-2001; A by R200-03, 9-17-2004; A by
				  Dep't of Health & Human Services by R157-05,
				  11-17-2005
NRS
					 439.655
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SENIOR PRESCRIPTION PROGRAM › Application and Eligibility › Section 439.838 - Discontinuation of subsidy to enrollee: Request by enrollee; ineligibility of enrollee; granting of subsidy to applicant on waiting list if enrollee determined ineligible

Current through June 11, 2024
1. If an enrollee
				who is receiving a subsidy wishes to discontinue receiving the subsidy, he or
				she must submit a written request to that effect to the Department and notify
				the contractor in writing.
2. If,
				based on information the Department receives, the Department reasonably
				believes that an enrollee no longer meets the criteria for receiving a subsidy
				because one of the circumstances set forth in subsection 3 applies to the
				enrollee, it shall provide the enrollee with notice as set forth in NAC 439.840
				and an opportunity for a hearing.
3. The circumstances in which an enrollee no
				longer meets the criteria for receiving a subsidy include, without limitation,
				that:
(a) The enrollee is eligible for
				coverage for prescription drugs and pharmaceutical services through Medicare
				Part D, but the enrollee declines to enroll in that program or in a PDP or
				MA-PD, or the enrollee declines to apply for any federal subsidy available to
				him or her, or both;
(b) The
				enrollee is eligible for coverage for prescription drugs and pharmaceutical
				services through Medicare Part D and qualifies for a federal low-income subsidy
				as a "very low-income beneficiary";
(c) The enrollee is eligible for coverage for
				prescription drugs and pharmaceutical services through Medicaid;
(d) The household income of the enrollee
				exceeds the maximum household income set forth in NRS
				NRS
				439.665;
(e) The enrollee knowingly provided incorrect
				information on the application that he or she filed with the Department
				pursuant to NAC 439.826 and failed to correct the information within a
				reasonable time as determined by the Department;
(f) The enrollee failed to maintain residency
				in this State; or
(g) The enrollee
				failed to respond timely to a request for verification of the income of the
				applicant or of any other annual eligibility requirement.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SENIOR PRESCRIPTION PROGRAM › Application and Eligibility › Section 439.840 - Notice to enrollee of determination regarding ineligibility

Current through June 11, 2024
If the Department determines that an enrollee no longer meets
				  the criteria for receiving a subsidy set forth in this chapter and chapter 439
				  of NRS, it will notify the enrollee in writing that the enrollee is ineligible
				  to receive a subsidy. The notice must inform the enrollee:
1. Of the reason that the enrollee is
				ineligible to receive a subsidy;
2.
				Of the procedures set forth in NAC 439.842 for requesting a hearing to review
				the decision of the Department; and
3. Of any free or inexpensive legal services
				available in the area and must provide telephone numbers of the organizations
				providing those services.
Added to NAC by Dep't
				  of Human Resources by R069-00, eff. 3-2-2001; A by R143-01, 12-17-2001;
				  R200-03, 9-17-2004; A by Dep't of Health & Human Services by R157-05,
				  11-17-2005
NRS
					 439.655
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SENIOR PRESCRIPTION PROGRAM › Hearing › Section 439.842 - Request for hearing; scheduling of hearing

Current through June 11, 2024
1. An
				applicant or enrollee who is aggrieved by a decision of the Department
				concerning a subsidy and who wishes to have a hearing before the Department
				must file a written request for a hearing with the Department within 30 days
				after the date of the notice of the decision from the Department.
2. The Department will schedule a hearing
				within 45 days after it receives the request for a hearing.
Added to NAC by Dep't
				  of Human Resources by R069-00, eff. 3-2-2001
NRS
					 439.655
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SENIOR PRESCRIPTION PROGRAM › Hearing › Section 439.843 - Continuation of benefits pending outcome of hearing

Current through June 11, 2024
1.
				Benefits of an existing enrollee may be continued pending the outcome of the
				hearing if the enrollee requests such continuation within 10 days after the
				date of the decision by the Department.
2. The Department will deny a request for
				continuation of benefits if the request for a hearing is also denied pursuant
				to NAC 439.844.
3. If benefits are
				continued and the decision of the hearing officer upholds the decision of the
				Department, the Department may require the enrollee to reimburse the Department
				for benefits paid on behalf of the enrollee.
Added to NAC by Dep't
				  of Health & Human Services by R157-05, eff.
				  11-17-2005
NRS
					 439.655
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SENIOR PRESCRIPTION PROGRAM › Hearing › Section 439.844 - Denial of request for hearing; request for dismissal

Current through June 11, 2024
1. The Department will deny a request for a
				hearing received pursuant to NAC 439.842 if:
(a) The sole issue being contested is an
				issue that may only be resolved by amending the provisions of NRS
				NRS 439.635 to
				439.690,
				inclusive;
(b) The sole issue being
				contested is that the Department denied an application for a subsidy,
				discontinued paying a subsidy or reduced the amount of a subsidy, if that
				action by the Department was based only upon the limits of the money available
				from the amount allocated for subsidies by the Department;
(c) The sole issue being contested is an
				issue that relates to a determination of the coverage of a policy of health
				insurance under which an enrollee is covered and the enrollee has failed to
				complete a process for resolving disputes established by the contractor;
				or
(d) The request is not received
				by the Department within the limit on time set forth in NAC 439.842.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SENIOR PRESCRIPTION PROGRAM › Hearing › Section 439.846 - Testimony under oath

Current through June 11, 2024
All testimony to be considered in a hearing must be taken
				  under oath. Except as otherwise provided in NAC 439.850, before testifying, a
				  person must swear or affirm before the hearing officer to the truthfulness of
				  the testimony he or she is about to give in the hearing.
Added to NAC by Dep't
				  of Human Resources by R069-00, eff. 3-2-2001
NRS
					 439.655
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SENIOR PRESCRIPTION PROGRAM › Hearing › Section 439.848 - Conducting hearing in person; representation; evidence

Current through June 11, 2024
1. Except as otherwise provided in NAC
				439.850, a hearing must be conducted in person by a hearing officer.
2. An applicant or enrollee may represent
				himself or herself or may, in writing, authorize a person to represent him or
				her at the hearing, including, without limitation, an attorney.
3. Upon request, each party to the hearing
				shall submit to the hearing officer before the hearing copies of any evidence
				or exhibit that the party will present during the hearing. The provisions of
				this subsection do not preclude:
(a) A party
				from presenting additional evidence during the hearing; or
(b) An applicant or enrollee from presenting
				additional evidence after the hearing if requested by the hearing
				officer.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SENIOR PRESCRIPTION PROGRAM › Hearing › Section 439.850 - Conducting hearing by telephone

Current through June 11, 2024
1. The hearing
				officer may conduct the hearing over the telephone if he or she determines it
				is in the best interest of each party to the hearing to do so.
2. A hearing that is conducted over the
				telephone must be conducted at the office of a state agency or another location
				approved by the hearing officer in advance of the hearing, at which a
				representative of the Department will:
(a) Be
				available to answer the telephone call the hearing officer places to begin the
				hearing;
(b) Administer the oath
				required pursuant to NAC 439.846 to the applicant or enrollee; and
(c) Receive any additional evidence that the
				applicant or enrollee wishes to submit and transmit it to the hearing officer
				by facsimile machine.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SENIOR PRESCRIPTION PROGRAM › Hearing › Section 439.852 - Retention of record

Current through June 11, 2024
1. The Department
				will produce a record of the hearing and retain it for 3 years after the date
				the decision of the hearing officer is issued or until the resolution of any
				judicial review of the decision, whichever occurs later.
2. As used in this section, "record of the
				hearing" means:
(a) All the documents filed
				with the Department concerning the hearing;
(b) The official recording of the hearing or
				a summary of the hearing prepared by a person designated by the Director of the
				Department;
(c) All the evidence
				presented at the hearing and, if requested by the hearing officer pursuant to
				NAC 439.848, after the hearing; and
(d) The decision of the hearing
				officer.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SENIOR PRESCRIPTION PROGRAM › Hearing › Section 439.854 - Official recording of hearing; request for copy

Current through June 11, 2024
1. The
				hearing officer presiding over a hearing conducted pursuant to NAC 439.842 to
				439.856, inclusive, shall cause the hearing to be recorded on audiotape or any
				other means of sound reproduction. The Department will consider that recording
				to be the official recording of the hearing.
2. A person may obtain a copy of the official
				recording of a hearing in which he or she was a party if the person submits to
				the Department:
(a) A written request;
				and
(b) The fee charged by the
				Department for an official recording.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SENIOR PRESCRIPTION PROGRAM › Hearing › Section 439.856 - Decision of hearing officer

Current through June 11, 2024
1. The decision of
				a hearing officer must be in writing and be based exclusively on evidence
				presented at the hearing or, if requested by the hearing officer pursuant to
				NAC 439.848, after the hearing.
2.
				Within 30 days after the date of the hearing, the Department will send the
				decision of the hearing officer by certified mail to the applicant or enrollee
				and to his or her authorized representative, if any.
Added to NAC by Dep't
				  of Human Resources by R069-00, eff. 3-2-2001
NRS
					 439.655
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SENIOR PRESCRIPTION PROGRAM › Hearing › Section 439.858 - Duties of Department if decision of Department is overturned by hearing officer

Current through June 11, 2024
1. If a hearing
				officer overturns a decision of the Department to deny a subsidy or that an
				enrollee is ineligible to receive a subsidy, the Department will:
(a) Reimburse the applicant or the enrollee
				for the actual out-of-pocket expenses for prescription drugs or pharmaceutical
				services incurred from the date that the applicant or the enrollee appealed the
				decision of the Department to the date that the decision of the hearing officer
				was issued;
(b) Pay the amount of
				the subsidy due to a contractor from the date that the applicant or the
				enrollee appealed the decision of the Department to the date that the decision
				of the hearing officer was issued; and
(c) Reimburse the applicant or the enrollee,
				upon receipt of proof of payment for any premium paid to a contractor for a
				policy of health insurance from the date that the applicant or the enrollee
				appealed the decision of the Department to the date that the decision of the
				hearing officer was issued.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SENIOR PRESCRIPTION PROGRAM › Miscellaneous Provisions › Section 439.860 - Recoupment of subsidy paid in error; request by enrollee for waiver or reduction of amount required to be returned

Current through June 11, 2024
1. Except as
				otherwise provided in subsections 4 and 5, the Department will pursue all legal
				remedies for the collection of debt, including, without limitation, those
				remedies set forth in chapter 353C of NRS, to recoup a subsidy that was paid in
				error from the contractor or enrollee determined by the Department to be
				responsible for the error, including, without limitation, a subsidy that was
				paid:
(a) To a contractor who was not
				entitled to receive payment of the subsidy;
(b) For an enrollee whose application for a
				subsidy was submitted with fraudulent intent; or
(c) For an enrollee who was otherwise not
				qualified to receive the subsidy.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SENIOR PRESCRIPTION PROGRAM › Miscellaneous Provisions › Section 439.862 - Confidentiality of records

Current through June 11, 2024
The records of the Department relating to an applicant or
				  enrollee are confidential and are considered protected health information under
				  the Health Insurance Portability and Accountability Act of 1996,
				  Public Law
				  104-191 (HIPAA). Any use or release of protected
				  health information must comply with the
HIPAA Privacy Manual
established by the Department, which reflects the provisions of Part 164 of
				  Title 45 of the Code of Federal Regulations.
Added to NAC by Dep't
				  of Human Resources by R069-00, eff. 3-2-2001; A by Dep't of Health & Human
				  Services by R157-05, 11-17-2005
NRS
					 439.655
Nevada Administrative Code › Chapter 439 - Administration of Public Health › IMMUNIZATION INFORMATION SYSTEM › Section 439.870 - Definitions

Current through June 11, 2024
As used in NAC 439.870 to 439.897, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC 439.873 to
				439.880, inclusive, have the meanings ascribed to them in those
				sections.
Added to NAC by Bd. of
				Health by R041-08, eff. 9-18-2008
NRS
				  439.200,
				  439.265
Nevada Administrative Code › Chapter 439 - Administration of Public Health › IMMUNIZATION INFORMATION SYSTEM › Section 439.873 - "Department" defined

Current through June 11, 2024
"Department" means the Department of Health and Human
				Services.
Added to NAC by Bd. of
				Health by R041-08, eff. 9-18-2008
NRS
				  439.200,
				  439.265
Nevada Administrative Code › Chapter 439 - Administration of Public Health › IMMUNIZATION INFORMATION SYSTEM › Section 439.875 - "Division" defined

Current through June 11, 2024
"Division" means the Division of Public and Behavioral Health
				of the Department.
Added to NAC by Bd. of
				Health by R041-08, eff. 9-18-2008
NRS
				  439.200,
				  439.265
Nevada Administrative Code › Chapter 439 - Administration of Public Health › IMMUNIZATION INFORMATION SYSTEM › Section 439.877 - "Provider" defined

Current through June 11, 2024
"Provider" means any person who is licensed, certified or
				otherwise authorized by the laws of this State, or the regulations adopted
				pursuant thereto, to administer immunizations.
Added to NAC by Bd. of
				Health by R041-08, eff. 9-18-2008
NRS
				  439.200,
				  439.265
Nevada Administrative Code › Chapter 439 - Administration of Public Health › IMMUNIZATION INFORMATION SYSTEM › Section 439.880 - "System" defined

Current through June 11, 2024
"System" means the Immunization Information System established
				by the Department pursuant to NRS
				NRS
				439.265.
Added to NAC by Bd. of
				Health by R041-08, eff. 9-18-2008
NRS
				  439.200,
				  439.265
Nevada Administrative Code › Chapter 439 - Administration of Public Health › IMMUNIZATION INFORMATION SYSTEM › Section 439.883 - Notice to parent or guardian by provider regarding System; contents; notice to provider to opt out of System

Current through June 11, 2024
1. A provider
			 administering an immunization to a child shall provide notice about the System
			 to the parent or guardian of the child on a form provided by the Division. The
			 notice must include:
(a) A description of the
			 System;
(b) A description of the
			 information concerning the child which will be reported by the provider for
			 inclusion in the System, including, without limitation, the immunization record
			 of the child and the information required by NAC 439.890; and
(c) The procedure for a parent or guardian to
			 decline inclusion of the information concerning his or her child in the
			 System.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › IMMUNIZATION INFORMATION SYSTEM › Section 439.885 - Notice to adult by provider regarding System; contents; notice to provider by adult to opt out of System

Current through June 11, 2024
1. A provider
			 administering an immunization to an adult shall provide notice about the System
			 to the adult on a form provided by the Division. The notice must include:
(a) A description of the System;
(b) A description of the information
			 concerning the adult which will be reported by the provider for inclusion in
			 the System, including, without limitation, the immunization record of the adult
			 and the information set forth in NAC 439.893; and
(c) The procedure for an adult to decline
			 inclusion of his or her information in the System.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › IMMUNIZATION INFORMATION SYSTEM › Section 439.887 - Inclusion of records in System for immunizations administered before July 1, 2009; requests for removal of records from System

Current through June 11, 2024
1.
			 Except as otherwise provided in subsection 3, the Division shall include in the
			 System all immunization records in the possession of the Division for
			 immunizations of children and adults administered before July 1,
			 2009.
2. Except as otherwise
			 provided in this subsection and subsection 3, a provider may report to the
			 System the records of the immunizations administered to any child or adult
			 before July 1, 2009, if such information was not previously reported. A
			 provider may report the information concerning an adult unless the adult has
			 declined inclusion of his or her information in the System pursuant to NAC
			 439.885.
3. The Division shall
			 develop and make available to providers and the general public the form by
			 which the parent or guardian of a child or an adult may request the removal of
			 the immunization records included in the System pursuant to this
			 section.
Added to NAC by Bd. of
				Health by R041-08, eff. 9-18-2008; A by R094-09,
				1-28-2010
NRS
				  439.200,
				  439.265
Nevada Administrative Code › Chapter 439 - Administration of Public Health › IMMUNIZATION INFORMATION SYSTEM › Section 439.890 - Reporting of information concerning immunizations administered to children; contents and form

Current through June 11, 2024
1. In addition to
			 the information required by
			 NRS
			 439.265, a provider who administers an
			 immunization to a child on or after July 1, 2009, shall report the following
			 information, if available, to the Department for inclusion in the System:
(a) The address of the child;
(b) The county in which the child
			 resides;
(c) The child's date of
			 birth;
(d) The state and country in
			 which the child was born;
(e) The
			 full name of the child's mother;
(f) The manufacturer and lot number of the
			 vaccine administered to the child;
(g) The date on which the immunization was
			 administered to the child; and
(h)
			 The information required pursuant to the
Listing of Core Data
			 Items
prescribed by the Centers for Disease Control and Prevention of
			 the United States Department of Health and Human Services. A copy of the
Listing of Core Data Items
may be obtained, free of charge,
			 from:
(1) The Centers for Disease Control and
			 Prevention at the Internet address
http://www.cdc.gov/vaccines/programs/iis/stds/coredata.htm
;
			 or
(2) The Department by mail at
			 4126 Technology Way, Room 100, Carson City, Nevada 89706, or by telephone at
			 (775) 684-4000.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › IMMUNIZATION INFORMATION SYSTEM › Section 439.893 - Reporting of information concerning immunizations administered to adult; contents and form

Current through June 11, 2024
1. A provider who
			 administers an immunization to an adult on or after July 1, 2009, shall, unless
			 the adult has declined inclusion of his or her information in the System
			 pursuant to NAC 439.885, report the following information, if available, to the
			 Department:
(a) The name and address of the
			 person who received the immunization;
(b) The county in which the person
			 resides;
(c) The person's date of
			 birth;
(d) The state and country in
			 which the person was born;
(e) The
			 person's gender;
(f) The person's
			 race or ethnicity;
(g) The name,
			 manufacturer and lot number of the vaccine administered to the
			 person;
(h) The date on which the
			 immunization was administered to the person; and
(i) The information required pursuant to the
Listing of Core Data Items
prescribed by the Centers for
			 Disease Control and Prevention of the United States Department of Health and
			 Human Services. A copy of the
Listing of Core Data Items
may
			 be obtained, free of charge, from:
(1) The
			 Centers for Disease Control and Prevention at the Internet address
http://www.cdc.gov/vaccines/programs/iis/stds/coredata.htm
;
			 or
(2) The Department by mail at
			 4126 Technology Way, Room 100, Carson City, Nevada 89706, or by telephone at
			 (775) 684-4000.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › IMMUNIZATION INFORMATION SYSTEM › Section 439.895 - Confidentiality and access

Current through June 11, 2024
Except as otherwise provided in NRS
				NRS
				439.265 or other specific statute, the
				information included in the System is confidential and access must be limited
				to:
1. A provider of health care as
			 defined in NRS
			 NRS
			 439.820;
2. The Nevada System of Higher Education or a
			 private college or university authorized to operate in this State;
3. A child care facility as defined in NRS
			 NRS
			 432A.024;
4. Public schools and private schools as
			 defined in NRS
			 NRS 385.007 and
			 394.103,
			 respectively;
5. The
			 Department;
6. An insurer as
			 defined in NRS
			 NRS
			 679B.540, regardless of whether the insurer
			 directly covered the immunization;
7. An agency which provides child welfare
			 services as defined in NRS
			 NRS
			 432B.030; and
8. The Department of Corrections.
Added to NAC by Bd. of
				Health by R041-08, eff. 9-18-2008
NRS
				  439.200,
				  439.265
Nevada Administrative Code › Chapter 439 - Administration of Public Health › IMMUNIZATION INFORMATION SYSTEM › Section 439.897 - Official certificate of immunization

Current through June 11, 2024
An immunization record provided by the System shall be deemed
				an official certificate of immunization, as required for enrollment in any
				school, college or university and child care facility in this
				State.
Added to NAC by Bd. of
				Health by R041-08, eff. 9-18-2008
NRS
				  439.200,
				  439.265
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.900 - Definitions

Current through June 11, 2024
As used in NAC 439.900 to 439.945, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC 439.902 to
				439.912, inclusive, have the meanings ascribed to them in those
				sections.
Added to NAC by Health
				Div. by R118-04, eff. 11-4-2004; Added to NAC by Health Div. by R118-04, eff.
				11-4-2004; A by Bd. of Health by
				R104-12,
				eff. 10/24/2014
NRS
				  439.890
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.902 - "Division" defined

Current through June 11, 2024
"Division" means the Division of Public and Behavioral Health
				of the Department of Health and Human Services.
Added to NAC by Health
				Div. by R118-04, eff. 11-4-2004; A by Bd. of Health by R044-10,
				10-15-2010
NRS
				  439.890
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.9025 - "Facility for skilled nursing" defined

Current through June 11, 2024
"Facility for skilled nursing" has the meaning ascribed to it
				in NRS
				NRS
				449.0039.
Added to NAC
				by Bd. of Health by
				R104-12,
				eff. 10/24/2014
NRS
				  439.890
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.903 - "Facility-acquired infection" defined

Current through June 11, 2024
"Facility-acquired infection" has the meaning ascribed to it in
				NRS
				NRS
				439.802.
Added to NAC by Bd. of
				Health by R044-10, eff. 10-15-2010-Substituted in revision for NAC
				439.901
NRS
				  439.890
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.904 - "Medical facility" defined

Current through June 11, 2024
"Medical facility" has the meaning ascribed to it in NRS
				NRS
				439.805.
Added to NAC by Health
				Div. by R118-04, eff. 11-4-2004
NRS
				  439.890
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.905 - "National Healthcare Safety Network" defined

Current through June 11, 2024
"National Healthcare Safety Network" means the secure,
				Internet-based surveillance system established by the Division of Healthcare
				Quality Promotion of the Centers for Disease Control and Prevention of the
				United States Department of Health and Human Services that integrates patient
				and health care personnel safety surveillance systems.
Added to NAC by Bd. of
				Health by R044-10, eff. 10-15-2010
NRS
				  439.890
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.906 - "Patient" defined

Current through June 11, 2024
"Patient" has the meaning ascribed to it in NRS
				NRS
				439.810.
Added to NAC by Health
				Div. by R118-04, eff. 11-4-2004
NRS
				  439.890
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.908 - "Patient safety officer" defined

Current through June 11, 2024
"Patient safety officer" has the meaning ascribed to it in NRS
				NRS
				439.815.
Added to NAC by Health
				Div. by R118-04, eff. 11-4-2004
NRS
				  439.890
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.909 - "Physician" defined

Current through June 11, 2024
"Physician" means:
1.
			 A physician licensed pursuant to chapter 630 of NRS;
2. A homeopathic physician licensed pursuant
			 to chapter 630A of NRS;
3. An
			 osteopathic physician licensed pursuant to chapter 633 of NRS;
4. A chiropractic physician licensed pursuant
			 to chapter 634 of NRS; or
5. A
			 podiatric physician licensed pursuant to chapter 635 of NRS.
Added to NAC by Bd. of
				Health by R044-10, eff. 10-15-2010
NRS
				  439.890
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.910 - "Provider of health care" defined

Current through June 11, 2024
"Provider of health care" has the meaning ascribed to it in NRS
				NRS
				439.820.
Added to NAC by Health
				Div. by R118-04, eff. 11-4-2004
NRS
				  439.890
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.912 - "Sentinel event" defined

Current through June 11, 2024
"Sentinel event" has the meaning ascribed to it in NRS
				NRS
				439.830.
Added to NAC by Health
				Div. by R118-04, eff. 11-4-2004
NRS
				  439.890
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.915 - Mandatory reports of sentinel events: Submission; form and contents

Current through June 11, 2024
1. A report submitted pursuant to NRS
			 NRS
			 439.835 must be submitted in the format
			 prescribed pursuant to subsection 4 and must include, without limitation:
(a) The unique identification code assigned
			 to the medical facility by the Division pursuant to subsection 5;
(b) The name of the person who is making the
			 report;
(c) The date on which the
			 sentinel event occurred;
(d) The
			 date that the medical facility was notified of the occurrence of the sentinel
			 event;
(e) If the patient resides
			 in this State, the county in which the patient resides;
(f) If the patient does not reside in this
			 State, the state or country in which the patient resides;
(g) The date of birth of the
			 patient;
(h) The sex of the
			 patient;
(i) A description of the
			 sentinel event; and
(j) The
			 department of the medical facility at which the sentinel event
			 occurred.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.916 - Reporting of sentinel event by a medical facility receiving a patient who was transferred or discharged from another medical facility

Current through June 11, 2024
1. If a medical facility that receives a
			 patient who was transferred or discharged from another medical facility
			 believes that a sentinel event affecting the patient occurred at the other
			 medical facility, the medical facility that received the patient shall report
			 the sentinel event to the facility from which the patient was transferred or
			 discharged.
2. A medical facility
			 that is informed of a sentinel event pursuant to subsection 1 shall report the
			 sentinel event pursuant to
			 NRS
			 439.835 and NAC 439.900 to 439.945,
			 inclusive.
Added to NAC by Bd. of
				Health by R044-10, eff. 10-15-2010
NRS
				  439.835,
				  439.890
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.917 - Mandatory investigation of sentinel event by medical facility; plan to remedy causes or contributing factors; confidentiality

Current through June 11, 2024
1.
			 Within 45 days after reporting a sentinel event pursuant to
			 NRS
			 439.835, the medical facility shall conduct
			 an investigation of the causes or contributing factors, or both, of the
			 sentinel event.
2. The
			 investigation conducted pursuant to this section must:
(a) Determine whether changes in the
			 policies, procedures or processes of the medical facility are necessary to
			 prevent a subsequent sentinel event under similar circumstances.
(b) Follow a nationally recognized
			 methodology for conducting an analysis of the root cause of the sentinel event,
			 including, without limitation, the methodology prescribed by:
(1) The Joint Commission; or
(2) The United States Department of Veterans
			 Affairs National Center for Patient Safety.
(c) Be provided to the Division upon
			 request.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.920 - Patient safety committee: Establishment; composition; meetings

Current through June 11, 2024
1. A medical facility that has fewer than 25
			 employees and contractors shall establish a patient safety committee composed
			 of:
(a) The patient safety officer of the
			 medical facility;
(b) At least two
			 providers of health care who treat patients at the medical facility, including,
			 without limitation, one member of the medical staff and one member of the
			 nursing staff of the medical facility; and
(c) The chief executive officer or chief
			 financial officer of the medical facility.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.925 - Participation in National Healthcare Safety Network: Calculation of average patients per business day

Current through June 11, 2024
For purposes of subsection 1 of NRS
				NRS
				439.847, to determine whether a medical
				facility or a facility for skilled nursing provides medical services and care
				to an average of 25 or more patients during each business day in the
				immediately preceding calendar year, the Division shall:
1. For a hospital described in NRS
			 NRS
			 439.805, divide the total number of
			 inpatients admitted to the hospital during the preceding calendar year by
			 365.
2. For a facility for skilled
			 nursing, divide the sum of the daily censuses of patients during the preceding
			 calendar year by 365.
3. For a
			 medical facility other than a hospital, divide the total number of patients
			 seen by the medical facility in the immediately preceding calendar year by the
			 total number of days on which the medical facility was open for business during
			 that calendar year.
Added to NAC by Bd. of
				Health by R044-10, eff. 10-15-2010; Added to NAC by Bd. of Health by R044-10,
				eff. 10-15-2010; A by
				R104-12,
				10/24/2014
NRS
				  439.847,
				  439.890
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.930 - Participation in National Healthcare Safety Network: Duties of medical facility or facility for skilled nursing; duties of facility administrator

Current through June 11, 2024
1. Each medical facility or facility for
			 skilled nursing that participates in the National Healthcare Safety Network
			 shall:
(a) Subscribe to the National
			 Healthcare Safety Network user group designated by the Division.
(b) Comply with the requirements of the
			 Centers for Disease Control and Prevention of the United States Department of
			 Health and Human Services for enrolling and maintaining enrollment in the
			 National Healthcare Safety Network.
(c) Comply with all definitions, methods,
			 requirements and procedures established by the Centers for Disease Control and
			 Prevention when collecting and submitting data to the National Healthcare
			 Safety Network.
(d) Designate a
			 person employed by the facility to act as the facility administrator for the
			 National Healthcare Safety Network.
(e) Designate the persons at the facility who
			 are authorized to access the National Healthcare Safety Network, if the
			 facility determines that such access is necessary.
(f) Complete all training required by the
			 Centers for Disease Control and Prevention for participation in the National
			 Healthcare Safety Network and ensure that the facility administrator designated
			 pursuant to paragraph (d) and each person who is authorized to access the
			 National Healthcare Safety Network pursuant to paragraph (e) have been properly
			 trained.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.935 - Participation in National Healthcare Safety Network: Data to be submitted by each type of medical facility or facility for skilled nursing

Current through June 11, 2024
1. Each hospital described in NRS
			 NRS
			 439.805 that is required to participate in
			 the National Healthcare Safety Network shall:
(a) Submit data to the National Healthcare
			 Safety Network relating to all central line-associated bloodstream infection
			 events.
(b) Commencing not later
			 than January 1, 2015, submit data to the National Healthcare Safety Network
			 concerning the influenza vaccination rate of the health care personnel of the
			 hospital.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.940 - Participation in National Healthcare Safety Network: Annual report of aggregated data; confidentiality; audits

Current through June 11, 2024
1. Except as
			 otherwise provided in this section and NRS NRS
			 NRS
			 239.0115, information provided to the
			 Division through the National Healthcare Safety Network and any additional
			 information requested by the Division is confidential, not subject to subpoena
			 or discovery and not subject to inspection by the general public.
2. The Division shall annually prepare and
			 post on the Internet website maintained by the Division a report of aggregated
			 data provided to the National Healthcare Safety Network.
3. The Division may prepare and post on the
			 Internet website maintained by the Division a report of the data provided by a
			 specific medical facility or facility for skilled nursing, including, without
			 limitation, infections tracked by the medical facility or facility for skilled
			 nursing, infection rates reported by the medical facility or facility for
			 skilled nursing and the name of the medical facility or facility for skilled
			 nursing.
4. The Division shall:
(a) Ensure that the name and other personally
			 identifying information regarding each patient are kept confidential when
			 preparing the report.
(b) Adhere to
			 standard methods of suppressing protected health information and reporting to
			 ensure that the identity of a patient is not revealed and to preserve patient
			 confidentiality.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES › Section 439.945 - Participation in National Healthcare Safety Network: Statement certifying data relating to facility-acquired infections

Current through June 11, 2024
If a medical facility or a facility for skilled nursing
				participates in the National Healthcare Safety Network, the chief executive
				officer of the medical facility or facility for skilled nursing, or the
				officer's designee, shall, on or before March 1 of each year, submit to the
				Division a signed statement certifying that the medical facility or facility
				for skilled nursing has processes in place to ensure that the data relating to
				facility-acquired infections submitted to the National Healthcare Safety
				Network is accurate and meets the requirements of NAC 439.900 to 439.945,
				inclusive.
Added to NAC by Bd. of
				Health by R044-10, eff. 10-15-2010; Added to NAC by Bd. of Health by R044-10,
				eff. 10-15-2010; A by
				R104-12,
				10/24/2014
NRS
				  439.847,
				  439.890
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › GENERAL PROVISIONS › Section 439A.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC 439A.070 to 439A.240, inclusive, and section
				2 have the meanings ascribed to them in those sections.
Supplied in
				codification; A by Dep't of Human Resources, 9-4-84; 3-6-86; 11-10-87; 1-2-90;
				10-14-97; A by
				R150-15,
				eff. 6/28/2016
NRS
				  439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › GENERAL PROVISIONS › Section 439A.070 - "Capital expenditure" defined

Current through June 11, 2024
"Capital expenditure" means any expenditure, made by or on
				behalf of a health facility including the cost of predevelopmental activities,
				the encumbrance of funds, leases, contractual agreements or donations for
				purposes which, under generally accepted accounting principles, are not
				properly chargeable as an expense of operation or maintenance, or both.
Dep't of Human
				Resources, Health Facilities Reg. Art. A § 7, eff. 5-13-82-NAC A
				9-4-84
NRS
				  439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › GENERAL PROVISIONS › Section 439A.080 - "Department" defined

Current through June 11, 2024
"Department" means the Department of Health and Human
				Services.
Dep't of Human
				Resources, Health Facilities Reg. Art. A § 8, eff.
				5-13-82
NRS
				  439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › GENERAL PROVISIONS › Section 439A.100 - "Donation" defined

Current through June 11, 2024
"Donation" means a gift or free contribution which, if
				accepted, increases capital assets by an amount which, under generally accepted
				accounting principles, would normally require a review as a capital
				expenditure.
Dep't of Human
				Resources, Health Facilities Reg. Art. A § 10, eff.
				5-13-82
NRS
				  439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › GENERAL PROVISIONS › Section 439A.120 - "Health facility" defined

Current through June 11, 2024
"Health facility" has the meaning ascribed to it in
				NRS
				439A.015.
Dep't of Human
				Resources, Health Facilities Reg. Art. A § 12, eff.
				5-13-82
NRS
				  439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › GENERAL PROVISIONS › Section 439A.130 - "Health maintenance organization" defined

Current through June 11, 2024
"Health maintenance organization" has the meaning ascribed to
				it in subsection 6 of
				NRS 695C.030.
Dep't of Human
				Resources, Health Facilities Reg. Art. A § 13, eff.
				5-13-82
NRS
				  439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › GENERAL PROVISIONS › Section 439A.150 - "Health services" defined

Current through June 11, 2024
"Health services" has the meaning ascribed to it in
				NRS
				439A.017.
Dep't of Human
				Resources, Health Facilities Reg. Art. A § 15, eff.
				5-13-82
NRS
				  439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › GENERAL PROVISIONS › Section 439A.180 - "Hospital" defined

Current through June 11, 2024
"Hospital" has the meaning ascribed to it in
				NRS
				449.012.
Dep't of Human
				Resources, Health Facilities Reg. Art. A § 18, eff.
				5-13-82
NRS
				  439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › GENERAL PROVISIONS › Section 439A.205 - "Letter of approval" defined

Current through June 11, 2024
"Letter of approval" means a document, commonly known as a
				certificate of need, which is issued by the Director pursuant to NAC 439A.455
				and which indicates the approval of a proposed project for which approval is
				required pursuant to
				NRS
				439A.100, as amended by section 2 of Senate
				Bill No. 247, chapter 422, Statutes of Nevada 2015, at page 2436.
Added to NAC
				by Dep't of Health & Human Services by
				R150-15,
				eff. 6/28/2016
NRS
				  439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › GENERAL PROVISIONS › Section 439A.215 - "Maximum capital expenditure" defined

Current through June 11, 2024
"Maximum capital expenditure" means that amount specified in a
				letter of approval.
Added to NAC by Dep't of
				Human Resources, eff. 9-4-84; A 11-25-86
NRS
				  439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › GENERAL PROVISIONS › Section 439A.226 - "New construction" defined

Current through June 11, 2024
"New construction" means:
1. Construction of a new health facility or
			 construction which increases the square footage in an existing health facility;
			 or
2. The redesign or renovation of
			 an existing building which is not currently being used as a health
			 facility.
Added to NAC by Dep't of
				Human Resources, eff. 10-14-97
NRS
				  439A.081,
				  439A.100
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › GENERAL PROVISIONS › Section 439A.240 - "Person" defined

Current through June 11, 2024
"Person" means a natural person, trust, estate, partnership,
				corporation (including an association, joint stock company and insurance
				company), state, political subdivision or instrumentality or a legal entity
				recognized by the State.
Dep't of Human
				Resources, Health Facilities Reg. Art. A § 24, eff. 5-13-82-NAC A
				9-4-84
NRS
				  439A.081
Nevada Administrative Code › Chapter 439A - Planning for the Provision of Health Care › GENERAL PROVISIONS › Section 439A.255 - "Routine services for health" interpreted

Current through June 11, 2024
As used in
				NRS
				439A.015, the Director will interpret the
				term "routine services for health" to mean those services that can be rendered
				to a patient in a practitioner's office provided that the rendering of such
				services does not require the:
1.
			 Construction of a new facility; or
2. Expansion, renovation or redesign of the
			 existing office, at a cost that exceeds, including the cost of equipment
			 acquired for the new facility, expansion, renovation or redesign,
			 $2,000,000.
Added to NAC
				by Dep't of Health & Human Services 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 › Requirements Regarding Proposed Projects › Section 439A.295 - Determining when capital expenditure is incurred by or on behalf of health facility

Current through June 11, 2024
1. A capital
				expenditure is incurred by or on behalf of a health facility:
(a) When a contract, enforceable under state
				law, is entered into by or on behalf of the health facility for the
				construction, acquisition, lease or financing of a capital asset;
(b) When the governing board of the health
				facility takes formal action to commit money for a construction project
				undertaken by the health facility as its own contractor; or
(c) In the case of donated property, on the
				date on which the gift is completed under applicable state law.