Nev. Admin. Code § 449.855

Current through October 11, 2024

Section 449.855 - Authorized actions of Division upon determination of deficiencies; plans of correction; grounds for sanctions; authorized sanctions

1. If the Division determines pursuant to a quality assurance review that there are any deficiencies in the provision of services by a provider related to the health or welfare of a person receiving such services, the Division may:

(a) Deny, suspend or revoke the provisional certificate or certificate of the provider;

(b) Require the provider to prepare and submit to the Division a written plan of correction, which must be approved by the Division; or

(c) Require changes concerning the provision of services by the provider before the Division issues, renews or reinstates a provisional certificate or certificate.

2. If the Division requires a provider to prepare and submit to the Division a written plan of correction, the provider shall do so not later than 10 days after the report of violations is made available to the provider pursuant to subsection 3 of NAC 449.853. Failure to do so constitutes a separate violation for which the Division may deny, suspend or revoke the provisional certificate or certificate of the provider or impose any sanction listed in subsection 5.

3. If the Division determines that a written plan of correction is unacceptable, the Division may:

(a) Require the provider to resubmit the written plan of correction; or

(b) Develop a mandatory directed plan of correction for the provider.

4. The Division may impose any sanction described in subsection 5 upon a provider for:

(a) Any aspect of the provision of services by the provider which poses a probable risk of harm to the health or welfare of a person receiving services;

(b) Any refusal by the provider to participate in any aspect of a quality assurance review; or

(c) The failure or refusal of the provider to implement or maintain any action required by the Division to correct a deficiency identified during a quality assurance review, including, without limitation, failure to submit a timely plan of correction, if required.

5. As a sanction imposed pursuant to subsection 2 or 4, the Division may, without limitation:

(a) Require the provider to:

(1) Participate in training concerning the provision of services;

(2) Comply with additional measures of accountability concerning the provision of services;

(3) Comply with additional measures of review by the Division; or

(4) Comply with additional performance requirements concerning the provision of services;

(b) Terminate or amend any contract that the Division has with the provider; or

(c) Suspend or reduce any payment otherwise owed by the Division to the provider.

Nev. Admin. Code § 449.855

(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 433.381)