Section 449.822 - Grounds for denial of application for provisional certificate; notice of denial1. Each of the following constitutes a ground for denial of an application for a provisional certificate: (a) Failure by the applicant to submit a complete application for a provisional certificate within the time required by NAC 449.819.(b) Inability of the applicant to provide proper care for the number and types of intended recipients of services.(c) Misrepresentation or failure by the applicant to disclose any material fact in the application submitted to the Division or in any financial record or other document requested by the Division.(d) Conviction of the applicant, an officer or employee of the applicant, an independent contractor of the applicant who oversees the provision of services or an adult who will be present during the provision of services of a crime relevant to any aspect of the provision of 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) Sexual assault, statutory sexual seduction, incest or lewdness or indecent exposure that is punished as a felony, or any other sexually related felony;(4) A felony involving domestic violence;(5) A misdemeanor involving domestic violence, within the immediately preceding 7 years;(6) A misdemeanor involving assault or battery, within the immediately preceding 7 years;(7) Abuse or neglect of a child or contributory delinquency;(8) 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;(9) Abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person, 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;(10) A violation of any 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;(11) A violation of any provision of NRS 422.450 to 422.590, inclusive;(12) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;(13) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years;(14) Any 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(15) An attempt or conspiracy to commit any of the offenses listed in this paragraph, within the immediately preceding 7 years.(e) Exclusion of the applicant, an officer or employee of the applicant or an independent contractor of the applicant who oversees the provision of services from participation in Medicare, Medicaid or any other federal health care program pursuant to federal law.(f) The existence of any major deficiency in the proposed services to be provided by the applicant which would preclude compliance with any provision of this chapter or chapter 449 of NRS.2. If an application is denied, the Division shall give the applicant a written notice of the denial in the manner provided by NAC 439.345.Nev. Admin. Code § 449.822
(Added to NAC by Bd. of Health by R090-16, 6-21-2017, eff. 7-1-2017; A by R134-18, 12-19-2018)-(Substituted in revision for NAC 433.339)