Nev. Admin. Code § 435.719 - Grounds for suspension or denial of certificate; plan of improvement; imposition of sanctions; suspension, reduction or reimbursement of contractual payment; appeal; final decision

Current through March 28, 2022

1. If the Division or a regional center determines pursuant to a quality assurance review that there are any deficiencies in the provision of supported living arrangement services relating to the health or welfare of persons receiving such services, the Division may suspend or deny the issuance of a certificate and request a written plan of improvement from the provider of supported living arrangement services or recommend or require changes concerning the provision of supported living arrangement services before issuing, renewing or reinstating a certificate. The provider shall develop a plan of improvement for each deficiency and submit the plan to the Division for approval within 15 days after receipt of the statement of deficiencies.
2. The Division may impose sanctions upon a provider of supported living arrangement services for:
(a) Any deficiency concerning the provision of supported living arrangement services that may cause imminent risk of harm or which poses a probable risk of harm to the health or welfare of persons receiving supported living arrangement services;
(b) A lack of personnel who are sufficient in number or qualifications to provide adequate support and services for persons receiving supported living arrangement services;
(c) Any refusal to participate in any aspect of a quality assurance review or any other review or investigation by the Division or a regional center; or
(d) The failure or refusal of the provider to implement or maintain any actions required by the Division or a regional center to correct a deficiency identified during a quality assurance review or any other review or investigation by the Division or a regional center.
3. For any sanction imposed pursuant to subsection 2, the Division may, without limitation:
(a) Place the provider of supported living arrangement services on probation for a specified time with conditions that the Division considers appropriate;
(b) Require the provider of supported living arrangement services to:
(1) Participate in training concerning the provision of supported living arrangement services;
(2) Comply with additional measures of accountability concerning the provision of supported living arrangement services;
(3) Comply with additional measures of review by the Division or a regional center; or
(4) Comply with additional performance requirements concerning the provision of supported living arrangement services;
(c) Terminate, prohibit or limit any contracts that the Division or a regional center has with the provider of supported living arrangement services; or
(d) Suspend or reduce a contractual payment owed to the provider of supported living arrangement services.
4. The Division may suspend or reduce a contractual payment owed to a provider of supported living arrangement services pursuant to subsection 3 or require a provider to reimburse the Division, in whole or in part, for a contractual payment paid to the provider if the provider:
(a) Fails to provide or keep records of supported living arrangement services;
(b) Falsifies documents; or
(c) Is negligent and the Division pays for the provision of supported living arrangement services or support to a person who is receiving supported living arrangement services due to the negligence of the provider.
5. A provider of supported living arrangement services may appeal any sanction imposed pursuant to this section by submitting to the Division a written request of appeal within 15 calendar days after the date of receipt of the notification of any sanction imposed by the Division. The Administrator or a designee thereof will review the findings and submit a written decision within 30 calendar days after the written request of appeal is submitted to the Division. The decision of the Administrator or a designee thereof on the appeal is a final decision.

Notes

Nev. Admin. Code § 435.719
Added to NAC by Aging & Disability Services Div. by R144-16AP, eff. 5/16/2018

NRS 435.333

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