Section 175-7-004 - GENERAL REQUIREMENTS004.01 Separate License An applicant must obtain a separate license for each type of health care facility or health care service that the applicant seeks to operate. All buildings in which care and treatment is provided must comply with 175 NAC 7-006 and 7-007. A single license may be issued for:
1. A health clinic operating in separate buildings or structures on the same premises under one management;2. An inpatient facility that provides services on an outpatient basis at multiple locations; or3. A health clinic operating satellite clinics on an intermittent basis within a portion of the total geographic area served by the health clinic and sharing administration with the clinics.004.02 Single License Document The Department may issue one license document that indicates the various types of health care facilities or health care services for which the entity is licensed.
004.03 Effective Date and Term of License A health clinic license expires on the last day of February each year.
004.04 License Not Transferable A license is issued only for the premises and persons named in the application and is not transferable or assignable. Change of ownership (sale, whether of stock, title, or assets, lease, discontinuance of operations) or change of premises terminates the license. If there is a change of ownership and the health clinic remains on the same premises, the inspection in 175 NAC 7-005 is not required. If there is a change of premises, the health clinic must pass the inspection specified in 175 NAC 7-005.
004.05 Change of Ownership or Premises The licensee must notify the Department in writing ten days before a health clinic is sold, leased, discontinued, or moved to new premises.
004.06 Notification An applicant or licensee must notify the Department in writing by electronic mail, facsimile, or postal service:
1. To request a single license document;2. To request simultaneous facility or service licensure inspections for all types of licensure held or sought;3. If new construction is planned, and submit construction plans for Department approval prior to any new construction affecting patient care and treatment areas of the health clinic. The Department may accept certification from an architect or engineer in lieu of Department review;4. Within 24 hours if a facility has reason to believe that a patient death was due to abuse or neglect by staff;5. Within 24 hours of any clinic fire requiring fire department response; or6. Within 24 hours of an accident or natural disaster resulting in damage to the physical plant and having a direct or immediate adverse effect on the health, safety, and security of patients. This must include a description of the well-being of the clinic's patients and the steps being taken to assure patient safety, well-being, and continuity of care and treatment. The notification may be made by telephone if the accident or natural disaster has affected the clinic's capacity to communicate.004.07 Information Available to Public The licensee must make available for public inspection upon request licenses, license record information, and inspection reports. This information may be displayed on the licensed premises.
004.08 Deemed Compliance 7-004.08AAccreditation or Certification: The Department may deem an applicant or licensee in compliance with 175 NAC 7-006 based on its accreditation or certification as a health clinic, ambulatory surgical center, provider of hemodialysis services, or provider of labor and delivery services by the: 1. Joint Commission on Accreditation of Healthcare Organizations;2. Accreditation Association of Ambulatory Health Care; or3. Medicare or Medicaid certification program. 7-004.08A1 An applicant or licensee must request the Department to deem its facility in compliance with 175 NAC 7-006 based on accreditation or certification. The request must be: 2. Submitted within 30 days of receipt of a report granting accreditation or certification; and3. Accompanied by a copy of the accreditation or certification report.7-004.08A2 Upon receipt of the request, the Department will deem the facility in compliance with 175 NAC 7-006 and will provide written notification of the decision to the facility within ten working days of receipt of the request.7-004.08A3 The Department will exclude a facility that has been deemed in compliance with 175 NAC 7-006 from the random selection of up to 25% of facilities for compliance inspections under 175 NAC 7-005.04A. The facility may be selected for a compliance inspection under 175 NAC 7-005.04B.7-004.08A4 To maintain deemed compliance, the licensee must maintain the accreditation or certification on which the license was issued. If the accreditation or certification has been sanctioned, modified, terminated, or withdrawn, the licensee must notify the Department within 15 days of receipt of notification of the action. After notifying the Department, the health clinic may continue to operate unless the Department determines that the health clinic no longer meets the requirements for licensure under the Health Care Facilities Licensure Act. If the Department determines the facility no longer qualifies for deemed compliance, the facility is subject to inspections under 175 NAC 7-005.004.09 Fees The Department will charge fees for licensure as set forth below:
7-004.09A Initial Licensure Fee:1. All types of health clinics except public health clinics and ambulatory surgical centers: $6002. Public health clinics: $4003. Ambulatory surgical centers: a. 1 operating/procedure room $1,250b. 2 to 3 operating/procedure rooms $1,350c. 4 or more operating/procedure rooms $1,4507-004.09BRenewal Licensure Fees:1. All types of health clinics except public health clinics and ambulatory surgical centers: a. 1 to 50 patient admissions in the past year $600b. 51 to 100 patient admissions in the past year $800c. 101 or more patient admissions in the past year $1,0002. Public health clinics: a. 1 to 50 patient admissions in the past year $400b. 51 to 100 patient admissions in the past year $450c. 101 or more patient admissions in the past year $5003. Ambulatory surgical centers: a. 1 operating/procedure room $1,250b. 2 to 3 operating/procedure rooms $1,350c. 4 or more operating/procedure rooms $1,450d. All ambulatory surgical centers must also pay an additional fee under the Outpatient Surgical Procedures Data Act, Neb. Rev. Stat. §§ 81-6,111 to 81-6,119, as follows: (1) 500 or fewer outpatient surgeries per year $275(2) 501 to 2,000 outpatient surgeries per year $350(3) More than 2,000 outpatient surgeries per year $4257-004.09C Duplicate original license: $ 107-004.09D Refunds for denied applications: 1. If the Department did not perform an inspection, the license fee is refunded except for an administrative fee of $25; or2. If the Department performed an inspection, the fee is not refunded.175 Neb. Admin. Code, ch. 7, § 004