Nevada Administrative Code
Chapter 439B - RESTRAINING COSTS OF HEALTH CARE
PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION
Section 439B.Sec. 8 - NEW

Universal Citation: NV Admin Code 439B.Sec. 8

Current through September 16, 2024

1. If the Department intends to impose an administrative penalty pursuant to NRS 439B.695, as amended by section 18 of Senate Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3730, the Department will notify in writing the pharmacy, manufacturer, wholesaler, pharmacy benefit manager, nonprofit organization or pharmaceutical sales representative upon whom the administrative penalty is to be imposed at least 15 business days before the effective date of the administrative penalty. The notice must include, without limitation:

(a) A citation to the statutory and regulatory authority for the penalty;

(b) A description of the facts on which the penalty is based;

(c) A description of the circumstances considered by the Department in imposing the penalty;

(d) Instructions for responding to the notice and a statement of the available appeal procedures, including, without limitation, a statement of the right to a hearing, the period during which a hearing must be requested and the consequences of waiving a hearing; and

(e) The effective date of the penalty.

2. The Department will provide notice pursuant to this section to the last known physical address and last known electronic mail address of the pharmacy, manufacturer, wholesaler, pharmacy benefit manager, nonprofit organization or pharmaceutical sales representative upon whom the administrative penalty is to be imposed.

3. An administrative penalty imposed pursuant to NRS 439B.695, as amended by section 18 of Senate Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3730, stops accruing on the day on which the required information is submitted to the Department.

Added to NAC by Dept of Health & Human by R121-20A, eff. 6/13/2022

NRS 439B.685, as amended by section 16 of Senate Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3728, and 439B.695, as amended by section 18 of Senate Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3730

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