NAC449.39516. Duties and responsibilities.

     1. An intermediary service organization shall ensure that each client of the intermediary service organization and personal assistant employed by the intermediary service organization is aware of and understands:

     (a) The rights and responsibilities of the client;

     (b) The ethical responsibilities of the personal assistant, including, without limitation, any responsibilities concerning the confidentiality of client information;

     (c) The training requirements for the personal assistant as set forth in NAC 449.39519;

     (d) The policies and procedures to be used by the personal assistant for the control of infections, including, without limitation, the policies and procedures of the intermediary service organization and the universal precautions as defined in NAC 441A.195;

     (e) The respective responsibilities of the personal assistant and the client to properly document the needs of the person with a disability and to properly document the provision of personal assistance to that person;

     (f) The procedures that the personal assistant will follow when responding to medical and nonmedical emergencies of the person with a disability;

     (g) The provisions of NRS 629.091 and the appropriate procedures that must be followed when providing assistance to a person with a disability pursuant to that section; and

     (h) The procedures for a client to appeal the termination, reduction or suspension of services by the intermediary service organization.

     2. An intermediary service organization shall:

     (a) Remain open for operation during regular business hours;

     (b) Maintain a telephone line at the location of the intermediary service organization that is listed on its certificate, which must be published in a public telephone directory;

     (c) Have a federal taxpayer identification number;

     (d) Maintain all business licenses required by state and local law;

     (e) Maintain a written policy concerning the manner in which complaints from clients will be documented and resolved and a log which lists all complaints filed by clients; and

     (f) Maintain a written policy concerning the procedures for a client to appeal the termination, reduction or suspension of services by the intermediary service organization.

     3. If an intermediary service organization withholds any money from a personal assistant which must be forwarded to another person, including, without limitation, insurance premiums, fees required to be paid by the intermediary service organization pursuant to state or federal law on behalf of the personal assistant or money withheld at the request of the personal assistant, the intermediary service organization must transfer such money to the person designated for receipt of the money by the date required for such transfer.

     4. An intermediary service organization may:

     (a) Employ personal assistants to provide specific medical, nursing or home health care services for a person with a disability pursuant to NRS 629.091; and

     (b) At the request of a client, assist in the development of a plan of care for a person with a disability.

     5. An intermediary service organization shall not serve as the managing employer of a personal assistant.

     (Added to NAC by Bd. of Health by R167-07, eff. 1-30-2008)—(Substituted in revision for NAC 427A.821)