2022 Nevada Revised Statutes
Chapter 449 - Medical Facilities and Other Related Entities
NRS 449.174 - Additional grounds for denial, suspension or revocation of license to operate certain facility, hospital, agency, program or home. [Effective through December 31, 2021.] Additional grounds for denial, suspension or revocation of license to operate certain facility, hospital, agency, program or home. [Effective January 1, 2022.]
1. In addition to the grounds listed in NRS 449.160, the Division may deny a license to operate a facility, hospital, agency, program or home to an applicant or may suspend or revoke the license of a licensee to operate such a facility, hospital, agency, program or home if:
(a) The applicant or licensee has been convicted of:
(1) Murder, voluntary manslaughter or mayhem;
(2) Assault or battery with intent to kill or to commit sexual assault or mayhem;
(3) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;
(4) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, within the immediately preceding 7 years;
(5) A crime involving domestic violence that is punished as a felony;
(6) A crime involving domestic violence that is punished as a misdemeanor, within the immediately preceding 7 years;
(7) Abuse or neglect of a child or contributory delinquency;
(8) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the immediately preceding 7 years;
(9) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;
(10) A violation of any provision of law relating to the State Plan for Medicaid or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years;
(11) A violation of any provision of NRS 422.450 to 422.590, inclusive;
(12) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;
(13) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years;
(14) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon; or
(15) An attempt or conspiracy to commit any of the offenses listed in this paragraph, within the immediately preceding 7 years;
(b) The licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a); or
(c) The applicant or licensee has had a substantiated report of child abuse or neglect made against him or her and if the facility, hospital, agency, program or home provides residential services to children, is a psychiatric hospital that provides inpatient services to children or is a psychiatric residential treatment facility.
2. In addition to the grounds listed in NRS 449.160, the Division may suspend or revoke the license of a licensee to operate an agency to provide personal care services in the home, an agency to provide nursing in the home, a community health worker pool or a peer support recovery organization if the licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.
3. As used in this section:
(a) "Domestic violence" means an act described in NRS 33.018.
(b) "Facility, hospital, agency, program or home" has the meaning ascribed to it in NRS 449.119.
(c) "Medicaid" has the meaning ascribed to it in NRS 439B.120.
(d) "Medicare" has the meaning ascribed to it in NRS 439B.130.
(Added to NRS by 1997, 444; A 1999, 1948; 2005, 2171; 2007, 652, 2401; 2009, 506; 2013, 2895; 2015, 839, 2166, 2176; 2017, 1909)
1. In addition to the grounds listed in NRS 449.160, the Division may deny a license to operate a facility, hospital, agency, program or home to an applicant or may suspend or revoke the license of a licensee to operate such a facility, hospital, agency, program or home if:
(a) The applicant or licensee has been convicted of:
(1) Murder, voluntary manslaughter or mayhem;
(2) Assault or battery with intent to kill or to commit sexual assault or mayhem;
(3) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;
(4) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, within the immediately preceding 7 years;
(5) A crime involving domestic violence that is punished as a felony;
(6) A crime involving domestic violence that is punished as a misdemeanor, within the immediately preceding 7 years;
(7) Abuse or neglect of a child or contributory delinquency;
(8) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the immediately preceding 7 years;
(9) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;
(10) A violation of any provision of law relating to the State Plan for Medicaid or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years;
(11) A violation of any provision of NRS 422.450 to 422.590, inclusive;
(12) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;
(13) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years;
(14) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon; or
(15) An attempt or conspiracy to commit any of the offenses listed in this paragraph, within the immediately preceding 7 years;
(b) The licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a); or
(c) The applicant or licensee has had a substantiated report of child abuse or neglect made against him or her and if the facility, hospital, agency, program or home provides residential services to children, is a psychiatric hospital that provides inpatient services to children or is a psychiatric residential treatment facility.
2. In addition to the grounds listed in NRS 449.160, the Division may suspend or revoke the license of a licensee to operate an agency to provide personal care services in the home, an agency to provide nursing in the home or a community health worker pool if the licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.
3. As used in this section:
(a) "Domestic violence" means an act described in NRS 33.018.
(b) "Facility, hospital, agency, program or home" has the meaning ascribed to it in NRS 449.119.
(c) "Medicaid" has the meaning ascribed to it in NRS 439B.120.
(d) "Medicare" has the meaning ascribed to it in NRS 439B.130.
(Added to NRS by 1997, 444; A 1999, 1948; 2005, 2171; 2007, 652, 2401; 2009, 506; 2013, 2895; 2015, 839, 2166, 2176; 2017, 1909; 2021, 2828, effective January 1, 2022)
