Section 458.163 - Operators: Responsibilities concerning confidentiality and recordkeepingAn operator shall ensure that the program:
1. Complies with all applicable confidentiality and recordkeeping provisions set forth in 42 C.F.R. Part 2, 45 C.F.R. Parts 160, 162 and 164, NRS 458.055 and any other applicable confidentiality laws pertaining to the services provided by the program. In the event of a conflict in the confidentiality requirements set forth in 42 C.F.R. Part 2, 45 C.F.R. Parts 160, 162 and 164, NRS 458.055 and any other applicable confidentiality laws, the more restrictive law will apply.2. Develops protocols to comply with federal and state laws relating to privacy and establishes how the program will implement such protocols in practice.3. Identifies patient rights consistent with 42 C.F.R. Part 2 and 45 C.F.R. Parts 160, 162 and 164 and establishes policies that describe the:(a) Circumstances in which information about a client or participant may be shared; and(b) Exceptions that allow for the sharing of information about a client or participant in additional circumstances, along with a brief description of what each exception allows.4. Allows a consultant to have access to confidential information concerning clients or participants only if the confidentiality agreements required by 42 C.F.R. Part 2 and 45 C.F.R. Parts 160, 162 and 164 are satisfied. Such agreements must be maintained in the personnel file of the consultant.Nev. Admin. Code § 458.163
Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004; A by R117-22A, eff. 2/20/2023