Nev. Admin. Code § 435.520 - Provisional certificate: Grounds for denial of application; notice of denial

Current through March 28, 2022

1. Each of the following acts and omissions constitutes a ground for denial of an application for a provisional certificate:
(a) The applicant has failed to submit a complete application for a provisional certificate within the time required pursuant to NAC 435.517;
(b) The applicant has misrepresented or failed to disclose any material fact in the application submitted to the Division or in any financial record or other document requested by the Division;
(c) The applicant, an officer or employee of the applicant or an independent contractor of the applicant who oversees the provision of supported living arrangement services has been convicted of a crime relevant to any aspect of the provision of supported living arrangement 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) A crime involving assault or battery that is punished as a misdemeanor, within the immediately preceding 7 years;
(4) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;
(5) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, within the immediately preceding 7 years;
(6) A crime involving domestic violence that is punished as a felony;
(7) A crime involving domestic violence that is punished as a misdemeanor, within the immediately preceding 7 years;
(8) Abuse or neglect of a child or contributory delinquency;
(9) 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;
(10) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, 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;
(11) A violation of any provision of 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;
(12) A violation of any provision of NRS 422.450 to 422.590, inclusive;
(13) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;
(14) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years;
(15) Any other 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
(16) An attempt or conspiracy to commit any of the offenses listed in this paragraph, within the immediately preceding 7 years;
(d) The physical site at which the applicant will provide supported living arrangement services, if applicable, was not approved by the Division pursuant to NAC 435.518;
(e) The proposed supported living arrangement services to be provided by the applicant have any major deficiency which would preclude compliance with NAC 435.500 to 435.740, inclusive of this regulation, and sections 2 to 8, inclusive, of this regulation; or
(f) The applicant, an officer or employee of the applicant or an independent contractor of the applicant who oversees the provision of supported living arrangement services has been excluded from participation in Medicare, Medicaid and other federal health care programs pursuant to 42 U.S.C. §§ 1320a-7 et seq. or any regulations adopted pursuant thereto.
2. If an application is denied:
(a) The Division must give the applicant a written notice of the denial; and
(b) The applicant may not reapply for a provisional certificate within 12 months after the receipt of the written notice.

Notes

Nev. Admin. Code § 435.520
[Men. Hygiene & Men. Retardation Div., Residences § 5, eff. 2-5-82]-(NAC A by Div. of Men. Health & Dev. Services by R071-06, 11-13-2006); A by R144-16AP, eff. 5/16/2018
NRS 435.333

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