Nevada Code § 449.163

Administrative sanctions: Imposition by Division; disposition of money collected. [Effective through June 30, 2026.]
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1. Except as otherwise provided in NRS 449.1887 , in addition to the payment
of the amount required by NRS 449.0308 ,
if a medical facility, facility for the dependent or facility which is required
by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any
provision related to its licensure, including any provision of NRS 439B.410 , 442.010 or 449.029 to 449.2428 , inclusive, or any condition, standard
or regulation adopted by the Board, the Division, in accordance with the
regulations adopted pursuant to NRS 449.165 ,
may:
(a) Prohibit the facility from admitting any
patient until it determines that the facility has corrected the violation;
(b) Limit the occupancy of the facility to the
number of beds occupied when the violation occurred, until it determines that
the facility has corrected the violation;
(c) If the license of the facility limits the
occupancy of the facility and the facility has exceeded the approved occupancy,
require the facility, at its own expense, to move patients to another facility
that is licensed;
(d) Except where a greater penalty is authorized
by subsection 2, impose an administrative penalty of not more than $5,000 per
day for each violation, together with interest thereon at a rate not to exceed
10 percent per annum; and
(e) Appoint temporary management to oversee the
operation of the facility and to ensure the health and safety of the patients
of the facility, until:
(1) It determines that the facility has
corrected the violation and has management which is capable of ensuring
continued compliance with the applicable statutes, conditions, standards and
regulations; or
(2) Improvements are made to correct the
violation.
2. If an off-campus location of a hospital
fails to obtain a national provider identifier that is distinct from the
national provider identifier used by the main campus and any other off-campus
location of the hospital in violation of NRS
449.1818 , the Division may impose against the hospital an administrative penalty
of not more than $10,000 for each day of such failure, together with interest
thereon at a rate not to exceed 10 percent per annum, in addition to any other
action authorized by this chapter.
3. If the facility fails to pay any
administrative penalty imposed pursuant to paragraph (d) of subsection 1 or
subsection 2, the Division may:
(a) Suspend the license of the facility until the
administrative penalty is paid; and
(b) Collect court costs, reasonable attorneys
fees and other costs incurred to collect the administrative penalty.
4. Except as otherwise provided in NRS 449.1887 , the Division may require any
facility that violates any provision of NRS
439B.410 or 449.029 to 449.2428 , inclusive, or any condition,
standard or regulation adopted by the Board to make any improvements necessary
to correct the violation.
5. Any money collected as administrative
penalties pursuant to paragraph (d) of subsection 1 or subsection 2 must be
accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430 , inclusive, 449.435 to 449.531 , inclusive, and chapter 449A of NRS to protect the health,
safety, well-being and property of the patients and residents of facilities in
accordance with applicable state and federal standards or for any other purpose
authorized by the Legislature.
NRS 449.163 Administrative sanctions:
Imposition by Division; disposition of money collected. [Effective July 1,
2026.]
1. Except as otherwise provided in NRS 449.1887 and 449.1918 , in addition to the payment of
the amount required by NRS 449.0308 , if
a medical facility, facility for the dependent or facility which is required by
the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any
provision related to its licensure, including any provision of NRS 439B.410 , 442.010 or 449.029 to 449.2428 , inclusive, or any condition,
standard or regulation adopted by the Board, the Division, in accordance with
the regulations adopted pursuant to NRS 449.165 ,
may:
(a) Prohibit the facility from admitting any
patient until it determines that the facility has corrected the violation;
(b) Limit the occupancy of the facility to the
number of beds occupied when the violation occurred, until it determines that
the facility has corrected the violation;
(c) If the license of the facility limits the
occupancy of the facility and the facility has exceeded the approved occupancy,
require the facility, at its own expense, to move patients to another facility
that is licensed;
(d) Except where a greater penalty is authorized
by subsection 2, impose an administrative penalty of not more than $5,000 per
day for each violation, together with interest thereon at a rate not to exceed
10 percent per annum; and
(e) Appoint temporary management to oversee the
operation of the facility and to ensure the health and safety of the patients
of the facility, until:
(1) It determines that the facility has
corrected the violation and has management which is capable of ensuring continued
compliance with the applicable statutes, conditions, standards and regulations;
or
(2) Improvements are made to correct the
violation.
2. If an off-campus location of a hospital
fails to obtain a national provider identifier that is distinct from the
national provider identifier used by the main campus and any other off-campus
location of the hospital in violation of NRS
449.1818 , the Division may impose against the hospital an administrative
penalty of not more than $10,000 for each day of such failure, together with
interest thereon at a rate not to exceed 10 percent per annum, in addition to
any other action authorized by this chapter.
3. If the facility fails to pay any
administrative penalty imposed pursuant to paragraph (d) of subsection 1 or
subsection 2, the Division may:
(a) Suspend the license of the facility until the
administrative penalty is paid; and
(b) Collect court costs, reasonable attorneys
fees and other costs incurred to collect the administrative penalty.
4. Except as otherwise provided in NRS 449.1887 and 449.1918 , the Division may require any
facility that violates any provision of NRS
439B.410 or 449.029 to 449.2428 , inclusive, or any condition,
standard or regulation adopted by the Board to make any improvements necessary
to correct the violation.
5. Any money collected as administrative
penalties pursuant to paragraph (d) of subsection 1 or subsection 2 must be
accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430 , inclusive, 449.435 to 449.531 , inclusive, and chapter 449A of NRS to protect the health,
safety, well-being and property of the patients and residents of facilities in
accordance with applicable state and federal standards or for any other purpose
authorized by the Legislature.

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