Current through September 17, 2024
004.01 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
12-006 and, if applicable, 175 NAC
12-007. A single license may be
issued for:
1. A facility 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;
or
3. A health clinic operating
satellite clinics on an intermittent basis within a portion of the total
geographic area served by such health clinic and sharing administration with
such 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
Skilled nursing facility, nursing facility, and intermediate
care facility licenses expire on March 31st of 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 facility remains on the same premises, the inspection in 175 NAC
12-005 is not required. If there is a
change of premises, the facility must pass the inspection specified in 175 NAC
12-005.
004.05 Bed Capacity, Usage, and Location
The facility must not use more beds than the total number of
beds for which the facility is licensed. Changes in the use and location of
beds may occur at any time without Department approval for licensure purposes.
The facility must not locate more residents in a sleeping room/bedroom than the
capacity for which the room was originally approved.
004.06 Change of Ownership or Premises
The licensee must notify the Department in writing ten days
before a skilled nursing facility, nursing facility, or intermediate care
facility is sold, leased, discontinued, or moved to new premises.
004.07 Notification
An applicant or licensee must notify the Department in
writing by electronic mail, facsimile, or postal service:
1. At the time of license renewal, of any
change in the use or location of beds;
2. At least 30 working days prior to the date
it wishes to increase the number of beds for which the facility is
licensed;
3. To request a single
license document;
4. To request
simultaneous facility or service licensure inspections for all types of
licensure held or sought;
5. If new
construction is planned, and submit construction plans for Department approval
prior to any new construction affecting resident living, care, or treatment
portions of the facility. The Department may accept certification from an
architect or engineer in lieu of Department review;
6. Within 24 hours of any resident death that
occurred due to suicide, a violent act, or the resident's leaving the facility
without staff knowledge when departure presented a threat to the safety of the
resident or others;
7. Within 24
hours if a facility has reason to believe that a resident death was due to
abuse or neglect by staff;
8.
Within 24 hours of any facility fire requiring fire department response;
or
9. 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 residents. This must include a description of the well-being of the
facility's residents and the steps being taken to assure resident 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 facility's
capacity to communicate.
004.08 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.
004.09 Deemed Compliance
12-004.09A
Accreditation or
Certification: The Department may deem an applicant or licensee in
compliance with 175 NAC
12-006 based on its accreditation as
a skilled nursing facility, nursing facility, or intermediate care facility by
the:
1. Joint Commission on Accreditation of
Health Organizations;
2. Commission
on Accreditation of Rehabilitation Facilities; or
3. Medicare or Medicaid certification
program.
12-004.09A1 The applicant
or licensee must request the Department to deem its facility in compliance with
175 NAC
12-006 based upon accreditation or
certification. The request must be:
1.
Submitted in writing within 30 days of receipt of a report granting
accreditation or certification; and
2. Accompanied by a copy of the accreditation
or certification report.
12-004.09A2 Upon receipt of the request the
Department will deem the facility in compliance with 175 NAC
12-006 and will provide written
notification of the decision to the facility within 10 working days of receipt
of the request.
12-004.09A3 The
Department will exclude a facility that has been deemed in compliance with 175
NAC
12-006 from the random selection of
up to 25% of facilities for compliance inspections under 175 NAC
12-005.04A. The
facility may be selected for a compliance inspection under 175 NAC
12-005.04B.
12-004.09A4 To maintain deemed compliance,
the licensee must maintain the accreditation or certification on which its
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 giving the
notice, the facility may continue to operate unless the Department determines
that the facility no longer meets the requirements for licensure under the
Health Care Facilities Licensing Act. If the Department determines the facility
no longer qualifies for deemed compliance, the facility is subject to
inspections under 175 NAC
12-005.
004.10 Fees
The licensee must pay fees for licensure and services as set
forth below:
1. Initial and renewal
licensure fees:
a. 1 to 50 Beds
$1,550
b. 51 to 100 Beds
$1,750
c. 101 or more Beds
$1,950
2. Duplicate
license: $ 10
3. Refunds for denied
applications:
a. If the Department did not
perform an inspection, the license fee is refunded except for an administrative
fee of $25.
b. If the Department
performed an inspection, the license fee is not refunded.
