Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Issuance and Renewal of Provisional Certificates and Certificates › Section 449.822 - Grounds for denial of application for provisional certificate; notice of denial

Current through June 11,
				2024
1. Each of the
				following constitutes a ground for denial of an application for a provisional
				certificate:
(a) Failure by the applicant to
				submit a complete application for a provisional certificate within the time
				required by NAC
				449.819.
(b) Inability of the applicant to provide
				proper care for the number and types of intended recipients of
				services.
(c) Misrepresentation or
				failure by the applicant to disclose any material fact in the application
				submitted to the Division or in any financial record or other document
				requested by the Division.
(d)
				Conviction of the applicant, an officer or employee of the applicant, an
				independent contractor of the applicant who oversees the provision of services
				or an adult who will be present during the provision of services of a crime
				relevant to any aspect of the provision of services, including, without
				limitation:
(1) Murder, voluntary manslaughter
				or mayhem;
(2) Assault or battery
				with intent to kill or to commit sexual assault or mayhem;
(3) Sexual assault, statutory sexual
				seduction, incest or lewdness or indecent exposure that is punished as a
				felony, or any other sexually related felony;
(4) A felony involving domestic
				violence;
(5) A misdemeanor
				involving domestic violence, within the immediately preceding 7
				years;
(6) A misdemeanor involving
				assault or battery, within the immediately preceding 7 years;
(7) Abuse or neglect of a child or
				contributory delinquency;
(8) A
				violation of any federal or state law regulating the possession, distribution
				or use of any controlled substance or any dangerous drug as defined in chapter
				454 of NRS, within the immediately preceding 7 years;
(9) Abuse, neglect, exploitation, isolation
				or abandonment of an older person or vulnerable person, including, without
				limitation, a violation of any provision of
				NRS
				200.5091 to
				200.50995, inclusive, or a law
				of any other jurisdiction that prohibits the same or similar conduct;
(10) A violation of any law relating to the
				State Plan for Medicaid or a law of any other jurisdiction that prohibits the
				same or similar conduct, within the immediately preceding 7 years;
(11) A violation of any provision of
				NRS
				422.450 to
				422.590, inclusive;
(12) A criminal offense under the laws
				governing Medicaid or Medicare, within the immediately preceding 7
				years;
(13) Any offense involving
				fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or
				misappropriation of property, within the immediately preceding 7
				years;
(14) Any felony involving
				the use or threatened use of force or violence against the victim or the use of
				a firearm or other deadly weapon; or
(15) An attempt or conspiracy to commit any
				of the offenses listed in this paragraph, within the immediately preceding 7
				years.
(e) Exclusion of
				the applicant, an officer or employee of the applicant or an independent
				contractor of the applicant who oversees the provision of services from
				participation in Medicare, Medicaid or any other federal health care program
				pursuant to federal law.
(f) The
				existence of any major deficiency in the proposed services to be provided by
				the applicant which would preclude compliance with any provision of this
				chapter or chapter 449 of NRS.