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
7-006 and
7-007. A single license may be issued
for:
1. A health clinic 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 the health clinic and sharing administration with the
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
A health clinic license expires on the last day of February
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 health clinic remains on the same premises, the inspection in 175 NAC
7-005 is not required. If there is a
change of premises, the health clinic must pass the inspection specified in 175
NAC
7-005.
004.05 Change of Ownership or Premises
The licensee must notify the Department in writing ten days
before a health clinic is sold, leased, discontinued, or moved to new
premises.
004.06
Notification
An applicant or licensee must notify the Department in
writing by electronic mail, facsimile, or postal service:
1. To request a single license
document;
2. To request
simultaneous facility or service licensure inspections for all types of
licensure held or sought;
3. If new
construction is planned, and submit construction plans for Department approval
prior to any new construction affecting patient care and treatment areas of the
health clinic. The Department may accept certification from an architect or
engineer in lieu of Department review;
4. Within 24 hours if a facility has reason
to believe that a patient death was due to abuse or neglect by staff;
5. Within 24 hours of any clinic fire
requiring fire department response; or
6. 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 patients. This
must include a description of the well-being of the clinic's patients and the
steps being taken to assure patient 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 clinic's capacity to communicate.
004.07 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.
004.08 Deemed Compliance
7-004.08A
Accreditation or
Certification: The Department may deem an applicant or licensee in
compliance with 175 NAC
7-006 based on its accreditation or
certification as a health clinic, ambulatory surgical center, provider of
hemodialysis services, or provider of labor and delivery services by the:
1. Joint Commission on Accreditation of
Healthcare Organizations;
2.
Accreditation Association of Ambulatory Health Care; or
3. Medicare or Medicaid certification
program.
7-004.08A1 An applicant
or licensee must request the Department to deem its facility in compliance with
175 NAC
7-006 based on accreditation or
certification. The request must be:
1. Made
in writing;
2. Submitted within 30
days of receipt of a report granting accreditation or certification;
and
3. Accompanied by a copy of the
accreditation or certification report.
7-004.08A2 Upon receipt of the request, the
Department will deem the facility in compliance with 175 NAC
7-006 and will provide written
notification of the decision to the facility within ten working days of receipt
of the request.
7-004.08A3 The
Department will exclude a facility that has been deemed in compliance with 175
NAC
7-006 from the random selection of up
to 25% of facilities for compliance inspections under 175 NAC
7-005.04A. The
facility may be selected for a compliance inspection under 175 NAC
7-005.04B.
7-004.08A4 To maintain deemed compliance, the
licensee must maintain the accreditation or certification on which the 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 notifying the
Department, the health clinic may continue to operate unless the Department
determines that the health clinic no longer meets the requirements for
licensure under the Health Care Facilities Licensure Act. If the Department
determines the facility no longer qualifies for deemed compliance, the facility
is subject to inspections under 175 NAC
7-005.
004.09 Fees
The Department will charge fees for licensure as set forth
below:
7-004.09A
Initial
Licensure Fee:
1. All types of
health clinics except public health clinics and ambulatory surgical centers:
$600
2. Public health clinics:
$400
3. Ambulatory surgical
centers:
a. 1 operating/procedure room
$1,250
b. 2 to 3
operating/procedure rooms $1,350
c.
4 or more operating/procedure rooms $1,450
7-004.09B
Renewal Licensure
Fees:
1. All types of health
clinics except public health clinics and ambulatory surgical centers:
a. 1 to 50 patient admissions in the past
year $600
b. 51 to 100 patient
admissions in the past year $800
c.
101 or more patient admissions in the past year $1,000
2. Public health clinics:
a. 1 to 50 patient admissions in the past
year $400
b. 51 to 100 patient
admissions in the past year $450
c.
101 or more patient admissions in the past year $500
3. Ambulatory surgical centers:
a. 1 operating/procedure room
$1,250
b. 2 to 3
operating/procedure rooms $1,350
c.
4 or more operating/procedure rooms $1,450
d. All ambulatory surgical centers must also
pay an additional fee under the Outpatient Surgical Procedures Data Act,
Neb. Rev. Stat.
§§
81-6,111 to
81-6,119,
as follows:
(1) 500 or fewer outpatient
surgeries per year $275
(2) 501 to
2,000 outpatient surgeries per year $350
(3) More than 2,000 outpatient surgeries per
year $425
7-004.09C Duplicate original license: $
10
7-004.09D Refunds for denied
applications:
1. If the Department did not
perform an inspection, the license fee is refunded except for an administrative
fee of $25; or
2. If the Department
performed an inspection, the fee is not refunded.
