NAC449.2736. Procedure to exempt certain residents from restrictions.

     1. The administrator of a residential facility may submit to the Division a written request for permission to admit or retain a resident who is prohibited from being admitted to a residential facility or remaining as a resident of the facility pursuant to NAC 449.271 to 449.2734, inclusive.

     2. A written request submitted pursuant to this section must include, without limitation:

     (a) Records concerning the resident’s current medical condition, including updated medical reports, other documentation of current health, a prognosis and the expected duration of the condition;

     (b) A plan for ensuring that the resident’s medical needs can be met by the facility;

     (c) A plan for ensuring that the level of care provided to the other residents of the facility will not suffer as a result of the admission or retention of the resident who is the subject of the request; and

     (d) A statement signed by the administrator of the facility that the needs of the resident who is the subject of the written request will be met by the caregivers employed by the facility.

     3. A written request submitted to the Division pursuant to this section must be received:

     (a) Before the administrator admits a resident; or

     (b) At the onset of a medical condition set forth in NAC 449.271 to 449.2734, inclusive.

     4. A residential facility must receive the permission requested pursuant to subsection 1 before the facility admits a resident who is otherwise prohibited from being admitted to the facility pursuant to NAC 449.271 to 449.2734, inclusive.

     5. A residential facility may retain a resident who is otherwise prohibited from remaining as a resident of the facility pursuant to NAC 449.271 to 449.2734, inclusive, for 10 days after the facility submits to the Division the written request required pursuant to subsection 1.

     (Added to NAC by Bd. of Health by R003-97, eff. 10-30-97; A by R204-99, 2-10-2000)