NAC439B.490. Preliminary procedure to determine whether prohibited transaction between hospital and related entity has occurred.

     1. The department shall:

     (a) Establish a schedule for the submission of a listing of all contracts and agreements between the hospitals and related entities pursuant to NRS 439B.430. The schedule must require the submission of the listing from each hospital at least biennially.

     (b) Notify each hospital in writing at least 30 days before the date for submission of the listing of contracts and agreements between the hospital and its related entities. The department shall specify in its notice the beginning and ending of the period for which the contracts and agreements will be reviewed.

     2. A hospital shall, within 30 days after receipt of the written notice from the department or the date for submission contained in the notice, whichever is later, submit the requested information to the department. Unless an action is taken by the department against the hospital to determine if a violation of NRS 439B.430 has occurred, all information submitted pursuant to this section is confidential. The department shall not disclose the information to any person.

     3. The department shall, within 30 days after receipt of the listing from the hospital, schedule with the hospital an on-site review of the actual contracts, agreements and records concerning the contracts and agreements between a hospital and its related entities. The department shall review the information and determine if there is reason to believe a violation of NRS 439B.430 has occurred.

     4. If the department determines that:

     (a) There is reason to believe that a violation has occurred, it shall forward the information and its determination to the director and notify the hospital in writing of its determination;

     (b) There is no reason to believe a violation has occurred, it shall notify the hospital in writing of its determination; or

     (c) Additional information is required to determine if a violation has occurred, it shall request the additional information from the hospital or its related entity. The hospital or its related entity shall provide the additional information within 30 days after receipt of the request therefor.

     5. This section does not prohibit the director from conducting an examination pursuant to subsection 3 of NRS 439B.430 at any time.

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