NAC439B.470. Procedure to determine whether prohibited contract between hospital and practitioner exists.

     1. The department shall:

     (a) Establish a schedule for the submission of a listing of all contracts between a hospital or a related entity and a practitioner. The listing must indicate with respect to each contract:

          (1) The type of contract, such as for rent, for services as a medical director, or for some other purpose;

          (2) The practitioner’s name and address;

          (3) The effective date of the contract; and

          (4) The term of the contract.

     (b) Request by registered mail the submission of the listing from hospitals pursuant to paragraph (a). Each hospital which receives such a request shall submit the listing within 30 days after receipt of the written request.

     (c) Within 30 days after receipt of the listing from a hospital, schedule with the hospital an on-site review of the actual contracts, agreements and records concerning the contracts between the hospital or related entities and the practitioners. The hospital must submit copies of any contracts or agreements which the department requests.

     2. If a contract, agreement or record indicates that a violation of NRS 439B.420 may have occurred, the director shall allow the hospital or any other party to an agreement with the hospital who is under investigation to provide additional information. The hospital shall provide that information within 30 days after receipt of the written notice from the director informing the hospital or party that it may provide such additional information.

     3. Within 30 days after receipt of the additional information or after the period for submitting the information has expired, the director shall:

     (a) If he determines that there is reason to believe a violation of NRS 439B.420 has occurred, schedule and hold a hearing pursuant to NAC 439B.520; or

     (b) If he determines that there is not a sufficient reason to believe that a violation of NRS 439B.420 has occurred, notify the hospital in writing of his determination.

     4. The failure of the director to take action within the periods specified in subsection 2 or 3 of this section shall not be deemed an abandonment of the action or a determination that no violation occurred.

     5. Unless a public hearing is held pursuant to subsection 3, all information submitted pursuant to this section is confidential. The department shall not disclose that information to any person.

     (Added to NAC by Dep’t of Human Resources, eff. 4-13-88; A 10-20-93)