Nevada Administrative Code
Chapter 439B - RESTRAINING COSTS OF HEALTH CARE
Section 439B.Sec. 24 - NEW

Universal Citation: NV Admin Code 439B.Sec. 24

Current through December 12, 2024

1. The Department may impose on a person or entity an administrative penalty for a violation of the provisions of NRS 439B.800 to 439B.875, inclusive, and sections 2 to 24, inclusive, as follows:

(a) For the first violation within a 3-year period, an administrative penalty not to exceed $2,500 for each day the person or entity remains in violation.

(b) For the second and each subsequent violation within a 3-year period, an administrative penalty not to exceed $5,000 for each day the person or entity remains in violation.

2. The Department may impute a violation of the provisions of NRS 439B.800 to 439B.875, inclusive, and sections 2 to 24, inclusive by a data submitter to any entity on whose behalf the data submitter is required to submit historical data to the extent that the violation results in a violation of those provisions by that entity.

3. Upon deciding to impose an administrative penalty, the Department will provide written notice to the person or entity who is alleged to have committed the violation. The written notice must contain, without limitation:

(a) The determination of the Department, including, without limitation, each provision of law and regulatory provision which the person or entity is alleged to have violated; and

(b) Notification of the provisions of subsection 4.

4. Not later than 90 days after receiving notice of a decision to impose an administrative penalty pursuant to subsection 3, a person or entity may request a hearing by certified mail. If the Department receives a request for an administrative hearing that complies with the requirements of this subsection, the Department will:

(a) Appoint a hearing officer to conduct the hearing; and

(b) Notify the person or entity who requested the administrative hearing of the date, time, place and nature of the hearing.

5. The decision of a hearing officer appointed pursuant to subsection 4 must:

(a) Be in writing; and

(b) Detail the findings of the hearing officer and the support for those findings.

6. A decision by a hearing officer in an administrative hearing held pursuant to this section is a final decision for the purposes of judicial review.

Added to NAC by Dep't of Human Resources by R104-23A, eff. 11/15/2024

NRS 439B.875

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