Nevada Administrative Code
Chapter 435 - Persons With Mental Retardation and Related Conditions
JOBS AND DAY TRAINING SERVICES
Section 435.945 - Grounds for suspension or denial of certificate; plan of improvement; imposition of sanctions; suspension, reduction or reimbursement of contractual payment; appeal; final decision

Universal Citation: NV Admin Code 435.945

Current through September 16, 2024

1. If the Division or a regional center determines pursuant to a quality assurance review that there are any deficiencies in the provision of jobs and day training services relating to the health or welfare of persons receiving such services, the Division may suspend or deny the issuance of a certificate and request a written plan of improvement from the provider of jobs and day training services or recommend or require changes concerning the provision of jobs and day training services after providing a statement of deficiencies to the provider and before issuing, renewing or reinstating a certificate. The provider shall develop a plan of improvement for each deficiency and submit the plan to the Division for approval within 15 days after receipt of the statement of deficiencies.

2. The Division may impose sanctions upon a provider of jobs and day training services for:

(a) Any deficiency concerning the provision of jobs and day training services that may cause imminent risk of harm or which poses a probable risk of harm to the health or welfare of persons receiving jobs and day training services;

(b) A lack of personnel who are sufficient in number or qualifications to provide adequate support and services for persons receiving jobs and day training services;

(c) Any refusal to participate in any aspect of a quality assurance review or any other review or investigation by the Division or a regional center; or

(d) The failure or refusal of the provider to implement or maintain any actions required by the Division or a regional center to correct a deficiency identified during a quality assurance review or any other review or investigation by the Division or a regional center.

3. For any sanction imposed pursuant to subsection 2, the Division may, without limitation:

(a) Place the provider of jobs and day training services on probation for a specified time with conditions that the Division considers appropriate;

(b) Require the provider to:
(1) Participate in training concerning the provision of jobs and day training services;

(2) Comply with additional measures of accountability concerning the provision of jobs and day training services;

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

(4) Comply with additional performance requirements concerning the provision of jobs and day training services;

(c) Terminate, prohibit or limit any contracts that the Division or a regional center has with the provider; or

(d) Suspend or reduce a contractual payment owed to the provider.

4. The Division may suspend or reduce a contractual payment owed to a provider of jobs and day training services pursuant to subsection 3 or require a provider to reimburse the Division, in whole or in part, for a contractual payment paid to the provider if the provider:

(a) Fails to provide or keep records of jobs and day training services;

(b) Falsifies documents; or

(c) Is negligent and the Division pays for the provision of jobs and day training services or support to a person who is receiving jobs and day training services due to the negligence of the provider.

5. A provider of jobs and day training services may appeal any sanction imposed pursuant to this section by submitting to the Division a written request of appeal within 15 calendar days after the date of receipt of the notification of any sanction imposed by the Division. The Administrator or a designee thereof will review the findings and submit a written decision within 30 calendar days after the written request of appeal is submitted to the Division. The decision of the Administrator or a designee thereof on the appeal is a final decision.

Added to NAC by Men. Hygiene & Men. Retardation Div. by R145-16A, eff. 4/30/2018; A by R145-16, eff. 5-16-2018

NRS 435.220

Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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