NAC435.524. Quality assurance review: Conduct by Division or regional center; determination of deficiency; imposition and appeal of sanctions.

     1. The Division or regional center will conduct a quality assurance review to determine whether an applicant for a provisional certificate, the holder of a provisional certificate or a provider of supported living arrangement services is in compliance with the standards of the Division or regional center concerning the provision of supported living arrangement services set forth in chapter 435 of NRS and NAC 435.500 to 435.740, inclusive.

     2. In conducting a quality assurance review, the Division or regional center may:

     (a) Obtain any information or otherwise review any aspect of the system of delivery of supported living arrangement services, including, without limitation:

          (1) Any policies and procedures of the provider of supported living arrangement services;

          (2) Any personnel or clinical records maintained by the provider of supported living arrangement services;

          (3) Any documentation regarding any administrative or personnel matter;

          (4) Any financial information concerning the provider of supported living arrangement services or the persons receiving supported living arrangement services; and

          (5) Any information concerning the quality of care provided to persons receiving supported living arrangement services;

     (b) Conduct interviews with persons receiving supported living arrangement services, members of the staff of any providers of supported living arrangement services, and members of the family, guardians, friends or advocates of persons receiving supported living arrangement services; and

     (c) Observe the services provided to persons receiving supported living arrangement services.

     3. If the Division or regional center determines pursuant to a quality assurance review that there are any deficiencies in the provision of supported living arrangement services related to the health or welfare of the persons receiving such services, the Division may suspend or deny the issuance of a certificate and request a written plan of correction from the provider of supported living arrangement services or recommend or require changes concerning the provision of supported living arrangement services before issuing, renewing or reinstating a certificate.

     4. The Division or regional center may impose sanctions upon a provider of supported living arrangement services for:

     (a) Any aspect of the provision of supported living arrangement services which poses a probable risk of harm to the health or welfare of a person receiving supported living arrangement services;

     (b) Any refusal to participate in any aspect of a quality assurance review; or

     (c) The failure or refusal of the provider to implement or maintain any actions requested by the Division or a regional center to correct a deficiency identified during a quality assurance review.

     5. For any sanction imposed pursuant to subsection 4, the Division may, without limitation:

     (a) Require the provider of supported living arrangement services to:

          (1) Participate in training concerning the provision of supported living arrangement services;

          (2) Comply with additional measures of accountability concerning the provision of supported living arrangement services;

          (3) Comply with additional measures of review by the Division or regional center; or

          (4) Comply with additional performance requirements concerning the provision of supported living arrangement services;

     (b) Terminate, prohibit or limit any contracts that the Division or a regional center has with a provider of supported living arrangement services; or

     (c) Suspend or reduce a contractual payment owed to a provider of supported living arrangement services.

     6. A provider of supported living arrangement services may appeal any sanction imposed pursuant to this section by submitting to the Division a written request of appeal within 15 calendar days after the date of receipt of the notification of any sanction imposed by the Division or a regional center. The Division will review the findings and submit a written decision within 30 calendar days after receipt of the written request of appeal. The decision of the Division is a final decision.

     7. The Division or regional center may conduct a quality assurance review for cause at any time during the certification of a provider of supported living arrangement services if there is an allegation of abuse, neglect or exploitation or a concern related to the health or welfare of a person who receives supported living arrangement services from the provider.

     (Added to NAC by Div. of Men. Health & Dev. Services by R071-06, eff. 11-13-2006)