reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › NURSING POOLS › Administration and Personnel › Section 449.7481 - Annual evaluation of nursing pool by licensee

Current
				through June 11, 2024
1.
				A licensee shall perform an overall evaluation of the nursing pool annually.
				The purpose of the evaluation is to audit the financial condition of the
				nursing pool, to review its policies and procedures, to recommend additions or
				changes to those policies and procedures, and to ensure compliance with those
				policies and with applicable regulations.
2. A committee shall:
(a) Review the medical and personnel policies
				of the nursing pool to see that they are being fulfilled and that necessary
				additions or changes are effected; and
(b) Submit its report to the licensee,
				together with any recommendations for changes and any pertinent observations it
				deems necessary.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › General Provisions › Section 449.749 - Definitions

Current through June 11, 2024
As used in NAC
				  449.749 to
				  449.800, inclusive, and sections
				  9 and 10, unless the context otherwise requires:
1. "Branch office" means an office, other
				than the home office, from which a home health agency provides
				services.
2. "Home health agency"
				means an agency to provide nursing in the home as defined in
				NRS
				449.0015.
3. "Home health aide" means a nursing
				assistant as defined in
				NRS
				632.0166.
4. "Home office" means the central
				administrative office of a home health agency.
Bd. of Health, Home
				  Health Agencies Part I Chap. II, eff. 1-10-74-NAC A 11-13-96; A by
				  R048-22A,
				  eff. 12/29/2022
NRS 439.200,
					 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Licensing and Inspection › Section 449.752 - License required

Current through June 11,
				2024
No person, state, local government or any agency thereof may
				  establish, conduct or maintain in this State a home health agency without first
				  obtaining a license issued by the Division.
Bd. of Health, Home
				  Health Agencies Part II Chap. I § A, eff.
				  1-10-74
NRS
					 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Licensing and Inspection › Section 449.758 - Applicability of license; coverage against certain liabilities

Current through June 11, 2024
1. Each license is separate and is issued to
				a specific person to operate a home health agency at a specific location. The
				home health agency must be operated and conducted in the name designated on the
				license with the designated service area and the name of the person responsible
				for its operation also appearing on the face of the license. The license is not
				transferable.
2. Copies of the
				original license must be issued for each agency or branch of an agency which is
				maintained on separate premises under the same management.
3. Each home health agency must have proof
				that it is adequately covered against liabilities resulting from claims
				incurred in the course of operation.
Bd. of Health, Home
				  Health Agencies Part II Chap. I §D; Part II Chap. II, eff. 1-10-74-NAC A
				  11-13-96; R044-97, 10-30-97; R121-05, 11-17-2005; A by
				  R048-22A,
				  eff. 12/29/2022
NRS 439.200,
					 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Licensing and Inspection › Section 449.761 - Periodic inspections

Current through June 11,
				2024
Every home health agency for which a license has been issued
				  will be periodically inspected by an authorized representative of the Division.
				  Reports of each inspection in which deficiencies were found will be prepared by
				  the representative conducting the inspection. A copy of the report will be
				  provided to the administrator of the home health agency within 10 days after
				  the representative who conducted the inspection has conferred with the agency
				  concerning the deficiencies found during the inspection. The administrator
				  shall prepare a plan to correct the deficiencies set forth in the report and
				  submit the plan to the Division within 10 days after receipt of the report from
				  the Division.
Bd. of Health, Home
				  Health Agencies Part II Chap. I § E, eff. 1-10-74-NAC A
				  11-13-96
NRS
					 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Licensing and Inspection › Section 449.767 - Action to enjoin operation without license

Current through June
				11, 2024
1. The Division
				may bring an action in the name of the State to enjoin any person, partnership,
				corporation or association, or any state or local governmental unit or agency
				thereof, from establishing or maintaining a home health agency:
(a) Without first obtaining a license
				therefor; or
(b) After his or her
				license has been revoked or suspended by the Division.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Licensing and Inspection › Section 449.768 - Applicant or licensee to maintain home office in Nevada

Current
				through June 11, 2024
A person who applies for a license to operate a home health
				  agency or a person who holds such a license shall maintain a home office in
				  this State.
Added to NAC by Bd. of
				  Health, eff. 11-13-96
NRS
					 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Administration and Personnel › Section 449.770 - Governing body; bylaws (Repealed)

Current through June 11,
				2024
Bd. of Health, Home
				  Health Agencies Part II Chap. III §§A & B, eff. 1-10-74-NAC A
				  11-13-96; R by
				  R048-22A,
				  eff. 12/29/2022
NRS 439.200,
					 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Administration and Personnel › Section 449.773 - Administrator: Qualifications; duties (Repealed)

Current through
				June 11, 2024
Bd. of Health, Home
				  Health Agencies Part II Chap. III §C, eff. 1-10-74-NAC A 11-13-96; R by
				  R048-22A,
				  eff. 12/29/2022
NRS 439.200,
					 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Administration and Personnel › Section 449.776 - Director of professional services (Repealed)

Current through June
				11, 2024
Bd. of Health, Home
				  Health Agencies Part II Chap. III §D, eff. 1-10-74; R by
				  R048-22A,
				  eff. 12/29/2022
NRS 439.200,
					 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Administration and Personnel › Section 449.779 - Professional advisory group (Repealed)

Current through June 11,
				2024
Bd. of Health, Home
				  Health Agencies Part II Chap. III §E, eff. 1-10-74-NAC A 11-13-96; R by
				  R048-22A,
				  eff. 12/29/2022
NRS 439.200,
					 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Administration and Personnel › Section 449.782 - Personnel policies

Current through June 11,
				2024
A home health agency shall establish written policies
				  concerning the qualifications, responsibilities and conditions of employment
				  for each type of personnel, including licensure if required by law. The written
				  policies must be reviewed as needed and made available to the members of the
				  staff and the advisory groups. The personnel policies must provide for:
1. Wage and hour policies;
2. Eligibility for vacation, sick leave and
				other fringe benefits;
3. The
				orientation of all health personnel to the policies and objectives of the
				agency, training while on the job, and continuing education;
4. Periodic evaluation of employees'
				performances;
5. Job descriptions
				for each category of personnel which are specific and include the type of
				activity each may carry out;
6. The
				maintenance of employee records which confirm that personnel policies are
				followed; and
7. The maintenance of
				a health record for each employee as required by chapter 441A of NAC.
F subsec. 1, eff.
				  1-10-74-NAC A 11-13-96; R121-05, 11-17-2005§Bd. of Health, Home Health
				  Agencies Part II Chap. III ; A by
				  R121-14,
				  eff. 10/27/2015
NRS
					 441A.120
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Administration and Personnel › Section 449.785 - Contracts for home health services (Repealed)

Current through June
				11, 2024
Bd. of Health, Home
				  Health Agencies Part II Chap. III §F subsec. 2, eff. 1-10-74; R by
				  R048-22A,
				  eff. 12/29/2022
NRS 439.200,
					 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Administration and Personnel › Section 449.787 - Duty to provide skilled nursing care and home health aide services; inclusion of additional services (Repealed)

Current through June
				11, 2024
Added to NAC by Bd. of
				  Health, eff. 11-13-96; A by R121-05, 11-17-2005; R by
				  R048-22A,
				  eff. 12/29/2022
NRS 439.200,
					 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Administration and Personnel › Section 449.788 - Services to patients

Current through June 11,
				2024
1. A person
				providing services on behalf of a home health agency must possess any
				licensure, registration, certification or their equivalent required by state or
				federal law.
2. A nutritionist
				providing services on behalf of a home health agency must be a dietitian
				licensed pursuant to chapter 640E of NRS.
Bd. of Health, Home
				  Health Agencies Part II Chap. III §G subsecs. 1-3, eff. 1-10-74-NAC A
				  11-13-96; A by
				  R048-22A,
				  eff. 12/29/2022
NRS 439.200,
					 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Administration and Personnel › Section 449.791 - Duties of personnel (Repealed)

Current through June 11,
				2024
Bd. of Health, Home
				  Health Agencies Part II Chap. III §G subsec. 4, eff. 1-10-74-NAC A
				  11-13-96; R by
				  R048-22A,
				  eff. 12/29/2022
NRS 439.200,
					 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Administration and Personnel › Section 449.793 - Evaluation by governing body; periodic review of contracts, operations, policies and procedures

Current through June 11,
				2024
1. The governing
				body or other entity responsible for the operation of a home health agency
				shall appoint a committee to provide for a quarterly review of 10 percent of
				the records of patients who have received services from the agency during the
				preceding 3 months in each service area. The members of the committee must
				include an administrative representative, a physician, a registered nurse and a
				clerk or librarian who keeps records.
2. The clerk or librarian of the committee
				shall review the clinical records to ensure that they are complete, that all
				forms are properly filled out and that documentation complies with good medical
				practices.
3. The committee shall:
(a) Determine whether the services have been
				provided to the patients in an adequate and appropriate manner by all levels of
				service; and
(b) Record any
				deficiencies and make necessary recommendations to the administrator.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Medical Services and Medical Records › Section 449.794 - Clinical records: General requirements

Current through June
				11, 2024
A home health agency shall maintain clinical records in the
				  manner prescribed by NRS 629.051.
Bd. of Health, Home
				  Health Agencies Part II Chap. III §H subsecs. 1-3, eff. 1-10-74-NAC A
				  11-13-96; A by
				  R048-22A,
				  eff. 12/29/2022
NRS 439.200,
					 449.0302,
					 629.051
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Medical Services and Medical Records › Section 449.797 - Contents of clinical records

Current through June 11,
				2024
The clinical records of a home health agency must
				  contain:
1. as to whether home health
				services are after hospitalization in a hospital, skilled nursing facility or
				other health service facility and, if so, the dates of admission and discharge
				from these facilities.
2. A
				clinical summary from the hospital, skilled nursing facility or other health
				service facility from which the patient is transferred to the home health
				agency.
3. A copy of:
(a) The patient's durable power of attorney
				for health care, if the patient has executed such a power of attorney pursuant
				to NRS
				162A.700 to
				162A.870, inclusive;
				and
(b) A declaration governing the
				withholding or withdrawal of life-sustaining treatment, if the patient has
				executed such a declaration pursuant to
				NRS
				449A.433.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › HOME HEALTH AGENCIES › Medical Services and Medical Records › Section 449.800 - Medical orders

Current through June 11,
				2024
1. A complete
				diagnosis must be included with the orders of a physician, physician assistant
				or advanced practice registered nurse as well as any relevant
				problems.
2. Initial orders of a
				physician, physician assistant or advanced practice registered nurse, renewals
				and changes of orders for skilled nursing and other therapeutic services
				submitted by telephone must be recorded before they are carried out. All orders
				must bear the signature of the physician, physician assistant or advanced
				practice registered nurse who initiated the order within 20 working days after
				the receipt of the oral order.
3.
				Orders must be specific regarding the level of care and the service
				given.
4. Medication orders must
				include:
(a) The name of the drug.
(b) The exact dosage in units, milligrams,
				grams or other measurements.
(c)
				Frequency.
(d) The duration of
				treatment.
(e) The method of
				administration.
(f) Any special
				precautions, including requests for orders of a physician, physician assistant
				or advanced practice registered nurse for the use of adrenaline for possible
				anaphylaxis.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 449.801 - Definitions

Current through June 11, 2024
As used in NAC
				  449.801 to
				  449.861, inclusive, and sections
				  13 and 14, unless the context otherwise requires, the words and terms defined
				  in NAC 449.802 to
				  449.816, inclusive, have the
				  meanings ascribed to them in those sections.
(Added to NAC by Bd. of Health by R090-16,
				  6-21-2017, eff. 7-1-2017; A by R134-18, 12-19-2018)-(Substituted in revision
				  for NAC 433.300); A by
				  R048-22A,
				  eff. 12/29/2022
NRS 439.200,
					 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 449.802 - "Certificate" defined

Current through June 11,
				2024
"Certificate" has the meaning ascribed to it in
				  NRS
				  433.603.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017)-(Substituted in revision
				  for NAC 433.303)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 449.804 - "Community-based living arrangement services " or "services " defined

Current through June 11, 2024
"Community-based living arrangement services" or "services"
				  has the meaning ascribed to it in
				  NRS
				  433.605.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017)-(Substituted in revision
				  for NAC 433.306)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 449.805 - "Facility" defined

Current through June 11,
				2024
"Facility" means a home operated by a provider in which
				  services are provided.
Added to NAC by
				  Bd. of Health by R134-18, eff. 12-19-2018
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 449.807 - "Individual support team" defined

Current through June 11,
				2024
"Individual support team" means a team of persons, other
				  than a provider, who provide health care and perform other duties for the
				  benefit of a person with a mental illness.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017)-(Substituted in revision
				  for NAC 433.309)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 449.808 - "Individualized plan" defined

Current through June 11,
				2024
"Individualized plan" means a plan prescribing the services
				  that will be provided to a person with mental illness, the frequency with which
				  the services will be provided and the manner in which those services will be
				  provided.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017)-(Substituted in revision
				  for NAC 433.312)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 449.810 - "Mental illness" defined

Current through June 11,
				2024
"Mental illness" has the meaning ascribed to it in
				  NRS
				  433.164.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017)-(Substituted in revision
				  for NAC 433.315)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 449.811 - "Provider" defined

Current through June 11,
				2024
"Provider" means a natural person or a partnership, firm,
				  corporation, association, state or local government or agency thereof that is
				  issued a provisional certificate or certificate.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017)-(Substituted in revision
				  for NAC 433.318)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 449.813 - "Provisional certificate" defined

Current through June 11,
				2024
"Provisional certificate" means a temporary certificate to
				  provide services that is issued pursuant to NAC
				  449.820.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017)-(Substituted in revision
				  for NAC 433.321)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 449.814 - "Quality assurance review" defined

Current through June 11,
				2024
"Quality assurance review" means a review of the provision
				  of services conducted by the Division pursuant to NAC
				  449.853.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017)-(Substituted in revision
				  for NAC 433.324)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › General Provisions › Section 449.816 - "Resident" defined

Current through June 11,
				2024
"Resident" means a person who resides at and receives
				  services from a facility.
Added to NAC by
				  Bd. of Health by R134-18, eff. 12-19-2018
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Issuance and Renewal of Provisional Certificates and Certificates › Section 449.817 - Provisional certificate or certificate required to provide services; exception

Current through June 11,
				2024
Except as otherwise provided in
				  NRS
				  433.607, a person or governmental entity must
				  hold a provisional certificate or certificate to provide services or receive
				  payment from the Division for services.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017)-(Substituted in revision
				  for NAC 433.327)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Issuance and Renewal of Provisional Certificates and Certificates › Section 449.818 - Contents of application for provisional certificate; fee

Current
				through June 11, 2024
1.
				An application for a provisional license must be submitted to the Division on a
				form furnished by the Division accompanied by a nonrefundable fee of $100 and
				must include:
(a) For an applicant who is a
				natural person:
(1) Three or more letters of
				professional reference;
(2) A
				certification, signed by the applicant, that the applicant will maintain the
				confidentiality of information relating to any person who receives
				services;
(3) Proof that the
				applicant has successfully completed a course in cardiopulmonary resuscitation
				according to the guidelines of the American Red Cross or American Heart
				Association;
(4) Proof that the
				applicant is currently certified in standard first aid through a course from
				the American Red Cross or American Heart Association or, if the applicant
				submits proof that the course meets or exceeds the requirements of the American
				Red Cross or the American Heart Association, an equivalent course in standard
				first aid;
(5) Written
				verification, on a form prescribed by the Division, that the fingerprints of
				the applicant were taken and forwarded electronically or by another means
				directly to the Central Repository for Nevada Records of Criminal History and
				that the applicant has given written permission to the law enforcement agency
				or other authorized entity taking the fingerprints to submit the fingerprints
				to the Central Repository for submission to the Federal Bureau of Investigation
				and to such other law enforcement agencies as the Division deems necessary for
				reports on the applicant's background to the Division and the
				applicant;
(6) A copy of the social
				security card of the applicant;
(7)
				A copy of a form of government-issued identification, which may include,
				without limitation, a passport, identification card or driver's
				license;
(8) An attestation that
				the applicant has sufficient working capital to effectively provide services
				and, if the applicant proposes to provide services in a facility, operate the
				facility;
(9) If applicable, a copy
				of the applicant's state business license and a copy of the current business
				license issued for the applicant's business by the county, city or town in
				which the applicant's business is located or written verification that the
				applicant is exempt from any requirement to obtain a business license;
				and
(10) Any other information
				required by the Division.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Issuance and Renewal of Provisional Certificates and Certificates › Section 449.819 - Review of application for provisional certificate; actions upon determination that application is incomplete

Current through June 11,
				2024
1. The Division
				shall review each application for a provisional certificate to determine
				whether the application is complete.
2. If the Division determines that an
				application for a provisional certificate is incomplete, the Division shall
				notify the applicant that the application is incomplete and authorize the
				applicant to submit any required information or documentation to complete the
				application. The applicant must submit any additional information or
				documentation not later than 30 calendar days after receipt of the notice. The
				Division may deny the application if the applicant does not submit any required
				information or documentation in accordance with this subsection. If the
				application is denied pursuant to this subsection, the applicant may not
				resubmit an application for a provisional certificate for at least 12 months
				after receipt of the notice of the denial given pursuant to NAC
				449.822.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017)-(Substituted in revision
				  for NAC 433.333)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Issuance and Renewal of Provisional Certificates and Certificates › Section 449.820 - Training required of applicant for provisional certificate; inspection of facility; issuance and validity of provisional certificate

Current through June 11, 2024
1. An applicant for a provisional certificate
				must complete 16 hours of training approved or provided by the Division
				concerning the provision of services. The training must be completed after the
				application is submitted but not later than 3 months after that date. If the
				applicant is not a natural person, each officer or employee of the applicant
				who will oversee the provision of services by the applicant must complete the
				training required by this subsection.
2. Upon successful completion of the training
				required by subsection 1, the Division shall:
(a) If the applicant proposes to provide
				services in a facility, inspect the facility and issue a report describing any
				violations of the provisions of this chapter or chapter 449 of NRS found during
				the inspection. If the report describes a violation, the Division may require
				the applicant to submit a plan of correction. The Division shall issue a
				provisional certificate:
(1) If the Division
				requires the applicant to submit a plan of correction, upon approval by the
				Division of the plan of correction.
(2) If the Division does not require the
				applicant to submit a plan of correction, upon issuance of the
				report.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Issuance and Renewal of Provisional Certificates and Certificates › Section 449.823 - Quality assurance review; extension or revocation of provisional certificate; issuance of certificate

Current through June 11,
				2024
1. Within 12 months
				after the issuance of a provisional certificate, the Division shall conduct a
				quality assurance review as provided in NAC
				449.853. If the Division
				determines as the result of the quality assurance review that the holder of the
				provisional certificate is not in substantial compliance with the provisions of
				this chapter and chapter 449 of NRS, the Division may revoke or extend the term
				of the provisional certificate. The Division may extend the term of the
				provisional certificate for any period not to exceed 6 months.
2. If the Division extends the term of a
				provisional certificate pursuant to subsection 1, the Division shall, before
				the expiration of the extended term, conduct another quality assurance review.
				If the Division determines as the result of the quality assurance review that
				the holder of the provisional certificate is not in substantial compliance with
				the provisions described in subsection 1, the Division shall revoke the
				provisional certificate.
3. If the
				Division determines as the result of a quality assurance review conducted
				pursuant to subsection 1 or 2 that the holder of a provisional certificate is
				in substantial compliance with the provisions of this chapter and chapter 449
				of NRS, the Division shall issue a certificate to the holder of the provisional
				certificate. The Division may issue a certificate to a provider for any period
				not to exceed 2 years.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017; A by R134-18,
				  12-19-2018)-(Substituted in revision for NAC
				  433.342)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Issuance and Renewal of Provisional Certificates and Certificates › Section 449.825 - Renewal of certificate; fee

Current through June 11,
				2024
Not less than 45 days before the expiration of a
				  certificate, the holder of the certificate must apply to the Division for
				  renewal in the form prescribed by the Division, accompanied by a nonrefundable
				  fee of $100. The Division may renew the certificate for any period not to
				  exceed 2 years if the Division determines that the holder of the certificate is
				  in substantial compliance with the provisions of this chapter and chapter 449
				  of NRS.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017; A by R134-18,
				  12-19-2018)-(Substituted in revision for NAC
				  433.345)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.826 - Duties of provider

Current through June 11,
				2024
A provider shall:
1.
				Comply with any state or federal statute or regulation as required for the
				Division to receive state or federal money for the provision of services,
				including, without limitation, any standard of care set forth in:
(a) The State Plan for Medicaid;
				and
(b) The
Medicaid
				Services Manual
established by the Division of Health Care Financing
				and Policy of the Department of Health and Human Services.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.828 - Policies and procedures of governmental or organizational provider

Current through June 11, 2024
If a provider is a governmental entity or an organization,
				  it shall, in conformance with the provisions of this chapter and chapter 449 of
				  NRS, establish policies and procedures for the provision of services and the
				  welfare of the persons it serves.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017; A by R134-18,
				  12-19-2018)-(Substituted in revision for NAC
				  433.351)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.829 - Initial and periodic investigations of employee, independent contractor or adult present during provision of services; termination of employment, contract or authority to be present for conviction of certain crimes; period in which to correct information regarding conviction

Current through June
				11, 2024
1. Except as
				otherwise provided in subsection 2, within 10 days after hiring a new employee,
				entering into a contract with an independent contractor or determining that an
				adult who is not a recipient of services, including, without limitation, an
				adult child of the applicant or an adult child of an employee or independent
				contractor thereof, will be present during the provision of services, and every
				5 years thereafter, a provider shall:
(a)
				Obtain from the employee, independent contractor or other adult one set of
				fingerprints and a written authorization to forward the fingerprints to the
				Central Repository for Nevada Records of Criminal History for submission to the
				Federal Bureau of Investigation for its report; and
(b) Submit to the Central Repository for
				Nevada Records of Criminal History the fingerprints obtained pursuant to
				paragraph (a) to obtain information on the background and personal history of
				each employee, independent contractor or other adult to determine whether the
				person has been convicted of any crime listed in NAC
				449.822.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.831 - Required certifications and courses for employee or independent contractor who provides services

Current through June 11,
				2024
Each employee or independent contractor of a provider who
				  provides services must:
1. Be
				currently certified in standard first aid through a course from the American
				Red Cross or American Heart Association or their successor organizations or, if
				the applicant submits proof that the course meets or exceeds the requirements
				of the American Red Cross or the American Heart Association or their successor
				organizations, an equivalent course in standard first aid; and
2. Have successfully completed a course in
				cardiopulmonary resuscitation according to the guidelines of the American Red
				Cross or American Heart Association or their successor organizations.
Added to NAC by
				  Bd. of Health by R134-18, eff. 12-19-2018
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.832 - Arrangements for services from specially trained persons; determination of need for such services

Current through June 11,
				2024
(NRS 433.324,
				  433.609,
				  439.200,
				  449.0302)
1. A provider shall make arrangements for
				obtaining services from persons professionally qualified in the field of
				psychiatric mental health or other specially trained persons, as needed, to
				assist in planning, carrying out and reviewing the provision of services.
				Evidence of any use of such services must be on file with the
				provider.
2. The need for such
				services must be determined initially by the individual support team
				established pursuant to NAC
				449.835 for the person receiving
				services and be reviewed by the team on a regular basis, at least
				annually.
3. As used in this
				section, "person professionally qualified in the field of psychiatric mental
				health" has the meaning ascribed to it in
				NRS
				433.209.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017)-(Substituted in revision
				  for NAC 433.354)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.834 - Financial plan; financial records; financial report

Current
				through June 11, 2024
A provider shall:
1.
				Develop and maintain a financial plan which ensures that there are sufficient
				resources to meet the costs for care of the persons receiving services from the
				provider;
2. Maintain financial
				records adequate to determine whether the provider meets all the requirements
				of NAC 449.801 to
				449.861, inclusive, related to
				finances; and
3. Submit to the
				Division any financial report:
(a) Which the
				Division requests in writing; and
(b) The need for which is explained by the
				Division.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.835 - Assessment of need for services; maintenance of findings of assessment; establishment of individual support team and permanent individualized plan; acceptance of person before assessment in urgent situation

Current through
				June 11, 2024
1. Except
				as otherwise provided in subsection 4, a provider may not provide services to a
				person until there has been an assessment of the need for services for the
				person.
2. The assessment must be
				performed or approved by the Division. As part of the assessment, the Division
				or other entity that performs the assessment must establish an interim
				individualized plan.
3. Following
				the assessment, if the person is accepted by the provider:
(a) The findings of the assessment must be
				maintained by the Division and entered into the person's record kept and
				maintained by the provider as provided in NAC
				449.840; and
(b) The Division shall establish an
				individual support team for the person and, in collaboration with the
				individual support team, establish a permanent individualized plan.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.837 - Contract for provision of services

Current through June 11,
				2024
A provider shall enter into a written contract for the
				  provision of services with each person who will receive services or his or her
				  parent or guardian, if applicable, and, if the person is being served by the
				  Division or another entity for which the provider is providing services, the
				  Division or other entity. The contract must prescribe the services that will be
				  provided to the person and the payment that the provider will receive for those
				  services.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017; A by R134-18,
				  12-19-2018)-(Substituted in revision for NAC
				  433.363)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.838 - Training concerning administration of medication; persons authorized to administer medication (Repealed)

Current through June 11,
				2024
(Added to NAC by Bd. of Health by R090-16,
				  6-21-2017, eff. 7-1-2017)-(Substituted in revision for NAC
				  433.366); R by
				  R048-22A,
				  eff. 12/29/2022
NRS 439.200,
					 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.840 - Record regarding recipient of services: Contents; maintenance; availability for review by recipient or guardian

Current through June 11,
				2024
A provider shall keep a separate record regarding each person
				  for whom services are provided. Each such record must include the information
				  needed for providing services, to substantiate billing and for the planning and
				  periodic reevaluation of the needs of the person who is receiving services. The
				  record must be:
1. Kept in a secure
				location, which, if the provider operates a facility, must be on the premises
				of the facility; and
2. Made
				available for review by the person who is receiving services or his or her
				guardian, if applicable, and the Division.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017; A by R134-18,
				  12-19-2018)-(Substituted in revision for NAC
				  433.369)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.841 - Record regarding recipient of services: Retention; availability for review by representatives of Department of Health and Human Services

Current through June 11, 2024
1. A provider shall retain the original
				records of each person who receives services from the provider as provided in
				NAC 449.840, or photographic
				reproductions of such records, for at least 3 years after the provider ceases
				to provide services to the person.
2. All such records must be complete, current
				and readily available for review by representatives of the Department of Health
				and Human Services.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017)-(Substituted in revision
				  for NAC 433.372)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.843 - Rights of recipient of services

Current through June 11,
				2024
1. Any person who
				receives services has the same rights that are afforded to a consumer by
				chapter 433 of NRS and any regulations adopted pursuant thereto.
2. A person has the right to file a complaint
				with the Division against a provider in the form prescribed by the
				Division.
(Added to NAC
				  by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017; A by R134-18,
				  12-19-2018)-(Substituted in revision for NAC
				  433.375)
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.844 - Facilities: Ownership or lease by operator; limitation on number of residents; compliance with certain state and local requirements

Current
				through June 11, 2024
1.
				A facility must be owned or leased by the provider who operates the
				facility.
2. A provider who
				operates a facility shall ensure that the facility:
(a) Has not more than 6 residents;
				and
(b) Remains in compliance with
				all applicable state and local building codes, zoning requirements and business
				licensing requirements.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.846 - Facilities: Occupancy, size, furnishings and use of bedrooms; use of certain rooms or bedrooms prohibited

Current through June 11,
				2024
1. A provider shall
				not authorize a resident to share a room in a facility with more than one other
				resident. A bedroom that is occupied by:
(a)
				One resident must have at least 80 square feet of floor space.
(b) Two residents must have at least 120
				square feet of floor space.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.847 - Facilities: Common areas; dining areas; kitchens; storage of food

Current through June 11, 2024
1. A provider who operates a facility shall:
(a) Furnish each common area with comfortable
				furniture.
(b) Provide a dining
				area with a sufficient number of tables and chairs to provide seating for the
				number of residents for which the facility is certified. The tables and chairs
				must be sturdy, of proper height for dining and have surfaces that are easily
				cleaned.
(c) Provide a kitchen that
				allows for the sanitary preparation of food and is furnished with equipment
				that is clean and in good working condition.
(d) Ensure that all perishable food is
				refrigerated at a temperature of 41 degrees Fahrenheit or less, all frozen food
				is kept at a temperature of 0 degrees Fahrenheit or less and all stored foods
				have not expired.
(e) Ensure that
				food is not stored for longer than the length of time recommended by the United
				States Department of Health and Human Services in "Storage Times for the
				Refrigerator and Freezer," which is hereby adopted by reference. This chart may
				be obtained:
(1) From the United States
				Department of Health and Human Services for free at 200 Independence Avenue,
				S.W., Washington, D.C. 20201, and at the Internet address
https://www.foodsafety.gov/keep/charts/storagetimes.html
;
				or
(2) Under the circumstances
				described in subsection 4, on an Internet website maintained by the
				Division.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.849 - Facilities: Maintenance of premises

Current through June 11,
				2024
1. The facility has
				a safe and sufficient supply of water, adequate drainage and an adequate system
				for the disposal of sewage.
2. Each
				faucet for a sink, tub, shower or other similar fixture is operable with hot
				and cold running water.
3. Each
				toilet is operational.
4. Each
				container used to store garbage outside of the facility is kept reasonably
				clean and covered to prevent rodents from entering the container.
5. Each container used to store garbage in
				the kitchen is covered with a lid or kept in an enclosed cupboard that is clean
				and prevents infestation by rodents and insects.
6. The premises of the facility are free of:
(a) Offensive odors, insects, rodents and
				accumulation of dirt, garbage or other refuse; and
(b) Hazards, including, without limitation,
				obstacles that impede the free movement of residents inside and outside of the
				facility.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.850 - Facilities: Fire safety

Current through June 11,
				2024
1. Portable
				multipurpose class ABC fire extinguishers are installed throughout the facility
				at the direction of the governmental entity that has jurisdiction over fire
				safety at the facility.
2. Each
				portable fire extinguisher available at a facility is inspected, recharged and
				tagged at least once each year by a person certified by the State Fire Marshal
				to conduct such inspections.
3.
				Each exit is maintained free of obstructions.
4. Smoke detectors are installed at the
				facility at the direction of the governmental entity that has jurisdiction over
				fire safety at the facility and maintained operational.
5. Smoking does not occur in the
				facility.
6. An extinguishing
				receptacle approved by the governmental entity that has jurisdiction over fire
				safety at the facility is placed in each area on the premises of the facility
				where smoking is allowed.
Added to NAC by
				  Bd. of Health by R134-18, eff. 12-19-2018
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Operation of Provider › Section 449.852 - Facilities: Policy concerning visitation; presence of minor child of provider or employee prohibited; visitation by child of resident

Current
				through June 11, 2024
1.
				A provider who operates a facility:
(a) Shall
				maintain a policy concerning visitation by family, friends or acquaintances of
				residents and employees who enter the facility.
(b) Shall not allow a minor child of the
				provider or an employee of the provider to be present at the facility when
				services are provided.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Quality Assurance Reviews and Discipline › Section 449.853 - Quality assurance review; report and correction of violation

Current through June 11, 2024
1. The Division:
(a) May conduct a quality assurance review at
				any time during the certification of a provider; and
(b) Shall conduct a quality assurance review
				of each provider that operates a facility at least once each year during the
				certification of the provider. A quality assurance review conducted pursuant to
				this paragraph must include, without limitation, an inspection of the
				facility.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › COMMUNITY-BASED LIVING ARRANGEMENT SERVICES › Quality Assurance Reviews and Discipline › Section 449.855 - Authorized actions of Division upon determination of deficiencies; plans of correction; grounds for sanctions; authorized sanctions

Current
				through June 11, 2024
1.
				If the Division determines pursuant to a quality assurance review that there
				are any deficiencies in the provision of services by a provider related to the
				health or welfare of a person receiving such services, the Division may:
(a) Deny, suspend or revoke the provisional
				certificate or certificate of the provider;
(b) Require the provider to prepare and
				submit to the Division a written plan of correction, which must be approved by
				the Division; or
(c) Require
				changes concerning the provision of services by the provider before the
				Division issues, renews or reinstates a provisional certificate or
				certificate.