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NRS 449B.410

Administrative sanctions: Imposition by Division; consequences of failure to pay; disposition of money collected

(Added to NRS by 2025, 936)

1. In addition to the payment of the amount required by NRS 449B.150, if an agency to provide personal care services in the home violates any provision related to its licensure, including any provision of NRS 449B.010 to 449B.495, inclusive, or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449B.415, may:

(a) Prohibit the agency to provide personal care services in the home from providing services to a client until it determines that the agency has corrected the violation;

(b) Except where a greater penalty is authorized by subsection 2, impose an administrative penalty of not more than $5,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

(c) Appoint temporary management to oversee the operation of the agency to provide personal care services in the home and to ensure the health and safety of the clients of the agency, until:

(1) It determines that the agency has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

(2) Improvements are made to correct the violation.

2. If the agency to provide personal care services in the home fails to pay any administrative penalty imposed pursuant to paragraph (b) of subsection 1, the Division may:

(a) Suspend the license of the agency until the administrative penalty is paid; and

(b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

3. The Division may require any agency to provide personal care services in the home that violates any provision of NRS 449B.010 to 449B.495, inclusive, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

4. Any money collected as administrative penalties pursuant to paragraph (b) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of chapter 449A of NRS and NRS 449B.010 to 449B.495, inclusive, to protect the health, safety, well-being and property of the clients in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.