Nev. Admin. Code § 435.725 - Grounds for revocation of provisional certificate or certificate

Current through March 28, 2022

Each of the following acts and omissions constitutes a ground for the revocation of a provisional certificate or a certificate:

1. A misrepresentation of or failure to disclose any material fact in the application for the provisional certificate or the certificate or in any financial record or other document requested by the Division or a regional center.
2. A lack of personnel in sufficient number or qualifications to provide proper training and support for persons receiving supported living arrangement services.
3. A provider of supported living arrangement services has 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.
4. A violation of any requirement set forth in NAC 435.500 to 435.740, inclusive, and sections 2 to 8, inclusive, of this regulation.
5. An accumulation or pattern of minor violations of the provisions of NAC 435.500 to 435.740, inclusive, and sections 2 to 8, inclusive, of this regulation, if the violations taken as a whole endanger the health or welfare of any person who is receiving supported living arrangement services.
6. Any fraudulent activity by a provider of supported living arrangement services or an employee or independent contractor of the provider, including, without limitation, any fraudulent billing, falsification of records or misuse of the funds of a person who is receiving supported living arrangement services.
7. Failure to comply with any obligations or with the policies and procedures of the Division set forth in the written provider contract entered into and the written service authorizations received pursuant to NAC 435.518.
8. 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.
9. The failure or refusal of the provider of supported living arrangement services 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.
10. The failure or refusal of a provider of supported living arrangement services to return an adequate plan of improvement within 15 days after receiving a statement of deficiencies as required pursuant to section 8 of this regulation.
11. Misappropriation of the property of a person who is receiving supported living arrangement services.
12. Abuse, neglect, exploitation or coercion of a person who is receiving supported living arrangement services.
13. Harassing, coercive, intimidating, insulting, abusive or disruptive language or behavior directed at:
(a) An employee of a regional center;
(b) An employee or independent contractor of a provider of supported living arrangement services;
(c) Another provider of supported living arrangement services or other services; or
(d) A person who is receiving supported living arrangement services or a family member or guardian of such a person.
14. The provider of supported living arrangement services, an officer or employee of the provider or an independent contractor of the provider who oversees the provision of supported living arrangement services is 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.

Notes

Nev. Admin. Code § 435.725
[Men. Hygiene & Men. Retardation Div., Residences § 45, 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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