NAC439B.610. Contents of petition.

A petition for a declaratory order or advisory opinion filed pursuant to NAC 439B.600 must include:

     1. A statement of each issue upon which the petitioner is seeking a declaratory order or advisory opinion, including references to the provision of any statute, regulation or prior decision of the director which the petitioner believes is at issue.

     2. A statement of the factual circumstances that relate to the issues upon which the petitioner is seeking a declaratory order or advisory opinion, including, but not limited to:

     (a) The type of business involved and the goods and services delivered, if any;

     (b) A list of persons and entities with an existing or proposed financial interest in the business involved, the type of financial interest held by these persons or entities, including any interest in an executed or proposed contract, agreement or arrangement and an explanation of the role of these persons or entities in the delivery of goods and services delivered; and

     (c) A flow chart of the business involved that shows the existing and proposed ownership, structure of business operations, locations of major equipment or laboratories, names of each entity or facility and patterns of referral among each practitioner, entity or facility involved.

     3. A statement of the factual circumstances demonstrating how the existing and proposed structure of the business involved:

     (a) Promotes equal access to quality medical care at an affordable cost;

     (b) Reduces the cost of medical care through an improved competitive market; and

     (c) Provides checks for and balances to self-interested referrals and excessive utilization of goods and services.

     (Added to NAC by Dep’t of Human Resources, eff. 7-7-94)