Section 439B.Sec. 21 - NEW1. A data submitter may request a variance from the validation of the data required by section 20 to allow the collection of historical data to proceed while the data submitter adds missing elements of data or makes other improvements to its data.2. A request for a variance made pursuant to this section must:(a) Be made through the portal for the collection of historical data for the all-payer claims database which is managed by the administrator; and(b) Clearly identify: (1) The nature of the issue or issues affecting the historical data;(2) A plan for correcting the issues, if applicable; and(3) The date by which the data submitter anticipates compliance with requirements for the submission of historical data.3. The administrator shall:(a) Review a request for a variance which satisfies the requirements of subsection 2; and(b) Approve or deny the request not later than 5 days after the date on which the request was submitted.4. A variance granted pursuant to this section is valid for a period of time specified by the administrator, not to exceed 1 year.5. If the administrator denies a request for a variance: (a) The data submitter that submitted the request shall comply with all applicable requirements to submit historical data to the all-payer claims database; and(b) Neither the data submitter nor an entity on whose behalf the data submitter was required to submit historical data to the all-payer claims database is entitled to a hearing on the denial. The provisions of this paragraph do not affect the right of any person or entity to a hearing pursuant to section 24 on a decision to impose an administrative penalty for any attendant failure to comply with the provisions of NRS 439B.800 to 439B.875, inclusive, and sections 2 to 24, inclusive.Nev. Admin. Code § 439B.Sec. 21
Added to NAC by Dep't of Human Resources by R104-23A, eff. 11/15/2024