USA Statutes : nevada
Title : Title 40 - PUBLIC HEALTH AND SAFETY
Chapter : CHAPTER 439A - PLANNING FOR THE PROVISION OF HEALTH CARE
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 439A.012
to 439A.0195 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 1971, 566; A 1977, 253; 1979, 967; 1981, 1214;
1985, 1357; 1991, 2110; 1995, 1485)
“Department” means the
Department of Health and Human Services.
(Added to NRS by 1981, 1213)
“Director” means the Director
of the Department.
(Added to NRS by 1981, 1213)
“Health facility” means a
facility in or through which health services are provided, except for the
office of a practitioner used solely to provide routine services for
health to his patients. The term includes any parent, affiliate,
subsidiary or partner of such a facility and any other entity which has a
primary purpose of providing a benefit to such a facility. For the
purposes of this section, “office of a practitioner used solely to
provide routine services for health to his patients” does not include a
facility which is or will be qualified to receive reimbursement, other
than for the services of a practitioner, as a health facility from any
public agency.
(Added to NRS by 1981, 1213; A 1985, 1358, 1749; 1991, 1075; 1995,
1485)
“Health services” means
the care and observation of patients, the diagnosis of human diseases,
the treatment and rehabilitation of patients, or related services. The
term includes treatment of patients for alcohol or drug abuse, services
related to mental health and diagnostic services.
(Added to NRS by 1981, 1213; A 1983, 1524)
“Practitioner” means a
physician licensed under chapter 630 , 630A
or 633 of NRS,
dentist, licensed nurse, dispensing optician, optometrist, registered
physical therapist, podiatric physician, licensed psychologist,
chiropractor, doctor of Oriental medicine in any form, medical laboratory
director or technician, pharmacist or other person whose principal
occupation is the provision of services for health.
(Added to NRS by 1985, 1357; A 1991, 1133; 1993, 2232)
The purposes of this chapter
are to:
1. Promote equal access to quality health care at a reasonable
cost;
2. Promote an adequate supply and distribution of health resources;
3. Promote uniform, effective methods of delivering health care;
4. Promote and encourage the adequate distribution of health and
care facilities and man power;
5. Promote and encourage the effective use of methods for
controlling increases in the cost of health care;
6. Encourage participation in health planning by members of the
several health professions, representatives of institutions and agencies
interested in the provision of health care and the reduction of the cost
of such care, and the general public;
7. Utilize the viewpoint of the general public for making
decisions;
8. Encourage public education regarding proper personal health
care and methods for the effective use of available health services; and
9. Promote a program of technical assistance to purchasers to
contain effectively the cost of health care, including:
(a) Providing information to purchasers regarding the charges made
by practitioners.
(b) Training purchasers to negotiate successfully for a policy of
health insurance.
(c) Conducting studies and providing other information about
measures to assist purchasers in containing the cost of health care.
(Added to NRS by 1971, 566; A 1977, 254; 1983, 1524; 1985, 1358)
1. The Department is the agency of the State of Nevada for health
planning and development, and shall carry out the state administrative
program and perform the functions of health planning and development for
the State in accordance with the following priorities:
(a) Providing for the effective use of methods for controlling
increases in the cost of health care;
(b) Providing for the adequate supply and distribution of health
resources;
(c) Providing for equal access to health care of good quality at a
reasonable cost; and
(d) Providing education to the public regarding proper personal
health care and methods for the effective use of available health
services.
2. In order to carry out the provisions of this chapter, the
Director may:
(a) Delegate the duties of the Director and the Department pursuant
to this chapter to any of the divisions of the Department;
(b) Hire employees in the classified service;
(c) Adopt such regulations as are necessary; and
(d) Apply for, accept and disburse money granted by the Federal
Government for the purposes of health planning and development.
3. The Department may, by regulation, fix fees to be collected
from applicants seeking approval of proposed health facilities or
services. The amounts of such fees must be based upon the Department’s
costs of examining and acting upon the applications.
4. In developing and revising any state plan for health planning
and development, the Department shall consider, among other things, the
amount of money available from the Federal Government for health planning
and development and the conditions attached to the acceptance of that
money, and the limitations of legislative appropriations for health
planning and development.
(Added to NRS by 1977, 257; A 1979, 967; 1981, 1216, 1899; 1983,
1525; 1985, 1359; 1989, 1945; 1991, 2110; 1995, 1485)
The Director, through the Division of Health
Care Financing and Policy of the Department, shall contract with the
Nevada System of Higher Education to collect and analyze information from
health facilities and purchasers of health care to:
1. Respond to requests for information from the Legislature.
2. Provide technical assistance to purchasers of health care.
3. Provide the Department with information necessary to carry out
the provisions of this chapter.
4. Provide other persons with information relating to the cost of
health care.
(Added to NRS by 1985, 1357; A 1993, 403; 1997, 2632; 1999, 2242
)
The Director shall:
1. Establish procedures for the review of all statutes,
regulations and standards governing the approval, licensing or
certification of health facilities. The procedures must provide for
participation in the review by providers of health care and the general
public.
2. Before December 31 of each even-numbered year, prepare a report
to the Governor and the Legislature identifying any statutes, regulations
and standards which add to the cost of health care without providing a
significant benefit and the action which has been taken or is required to
eliminate any such statutes, regulations and standards.
(Added to NRS by 1985, 1357)
The position of Chief Research and Statistical Analyst is
hereby created in the Health Division of the Department. This position is
in the unclassified service of the State.
(Added to NRS by 1989, 1399; A 2005, 22nd Special Session, 55
)
Repealed. (See chapter 1, Statutes of Nevada 2005,
22nd Special Session, at page 63 .)
Repealed. (See chapter 1, Statutes of Nevada 2005, 22nd Special Session,
at page 63 .)
1. Except as otherwise provided in this section, in a county whose
population is less than 100,000, no person may undertake any proposed
expenditure for new construction by or on behalf of a health facility in
excess of the greater of $2,000,000 or such an amount as the Department
may specify by regulation, which under generally accepted accounting
principles consistently applied is a capital expenditure, without first
applying for and obtaining the written approval of the Director. The
Health Division of the Department shall not issue a new license or alter
an existing license for such a project unless the Director has issued
such an approval.
2. The provisions of subsection 1 do not apply to:
(a) Any capital expenditure for:
(1) The acquisition of land;
(2) The construction of a facility for parking;
(3) The maintenance of a health facility;
(4) The renovation of a health facility to comply with
standards for safety, licensure, certification or accreditation;
(5) The installation of a system to conserve energy;
(6) The installation of a system for data processing or
communication; or
(7) Any other project which, in the opinion of the Director,
does not relate directly to the provision of any health service;
(b) Any project for the development of a health facility that has
received legislative approval and authorization; or
(c) A project for the construction of a hospital in an
unincorporated town if:
(1) The population of the unincorporated town is more than
24,000;
(2) No other hospital exists in the town;
(3) No other hospital has been approved for construction or
qualified for an exemption from approval for construction in the town
pursuant to this section; and
(4) The unincorporated town is at least a 45-minute drive
from the nearest center for the treatment of trauma that is licensed by
the Health Division of the Department.
Ê Upon determining that a project satisfies the requirements for an
exemption pursuant to this subsection, the Director shall issue a
certificate which states that the project is exempt from the requirements
of this section.
3. In reviewing an application for approval, the Director shall:
(a) Comparatively assess applications for similar projects
affecting the same geographic area; and
(b) Base his decision on criteria established by the Director by
regulation. The criteria must include:
(1) The need for and the appropriateness of the project in
the area to be served;
(2) The financial feasibility of the project;
(3) The effect of the project on the cost of health care; and
(4) The extent to which the project is consistent with the
purposes set forth in NRS 439A.020
and the priorities set forth in NRS 439A.081 .
4. The Department may by regulation require additional approval
for a proposed change to a project which has previously been approved if
the proposal would result in a change in the location of the project or a
substantial increase in the cost of the project.
5. The decision of the Director is a final decision for the
purposes of judicial review.
6. As used in this section, “hospital” has the meaning ascribed to
it in NRS 449.012 .
(Added to NRS by 1971, 568; A 1977, 256; 1979, 491, 968; 1981,
1216; 1983, 1526; 1985, 1360; 1987, 873, 1627; 1989, 1946, 2111; 1991,
1075; 1995, 1486; 2003, 1324 )
1. No person may operate or undertake any proposed expenditure for
the operation of a new medical helicopter that will provide medical
helicopter services in an area located within 150 miles from the base of
an existing medical helicopter without first applying for and obtaining
the written approval of the State Health Officer or the designee of the
State Health Officer.
2. Except as otherwise provided in subsection 3, the State Health
Officer or the designee of the State Health Officer may approve an
application submitted pursuant to subsection 1 only if the applicant
demonstrates that:
(a) Based on the needs of the specific population to be served by
the new medical helicopter and on the projected number of persons who
have or will have a need for the proposed service, the population to be
served has a need for the new medical helicopter;
(b) The existing medical helicopter services in the area to be
served by the new medical helicopter cannot or will not meet the
projected needs of the population to be served by the new medical
helicopter;
(c) The applicant has the financial stability to provide medical
helicopter services to the population to be served by the new medical
helicopter for a significant period of time;
(d) The new medical helicopter will result in a significant savings
in costs for users of and payors for medical helicopter services;
(e) The new medical helicopter will not have an adverse effect on
the quality of care provided to users of medical helicopter services and
will not have an unnecessarily negative effect on the cost of medical
helicopter services for users of or payors for such services; and
(f) The approval of the application will not adversely affect an
existing provider of medical helicopter services.
3. The State Health Officer or the designee of the State Health
Officer shall not approve an application submitted pursuant to subsection
1 if:
(a) The applicant fails to provide sufficient, relevant,
demonstrative evidence for the approval of the application; or
(b) The evidence opposing the application outweighs the evidence
supporting the application.
4. In determining whether to approve an application submitted
pursuant to subsection 1, the State Health Officer or the designee of the
State Health Officer shall:
(a) Contact existing providers of medical helicopter services,
ensure that existing providers of medical helicopter services have an
opportunity to participate in any public hearing concerning the
application, and seek the input of existing providers of medical
helicopter services concerning the application; and
(b) Consider:
(1) The level of medical care to be provided by the
applicant to the population to be served by the new medical helicopter;
(2) The impact of the new medical helicopter on the rates,
quality of service and safety of existing providers of medical helicopter
services and on the level of medical care provided by such providers;
(3) The effect of the new medical helicopter on the cost of
health care services; and
(4) Any other information the State Health Officer or the
designee of the State Health Officer deems relevant.
5. An applicant whose application is rejected pursuant to this
section may appeal the decision of the State Health Officer or the
designee of the State Health Officer to the State Board of Health. The
decision of the State Board of Health is a final decision for the
purposes of judicial review.
6. As used in this section, “medical helicopter” means a
helicopter especially designed, constructed, modified or equipped to be
used for the transportation of injured or sick persons. The term does not
include any commercial helicopter carrying passengers on regularly
scheduled flights.
(Added to NRS by 2003, 1323 )
1. Except as provided in subsection 2, the Department may apply to
any court of competent jurisdiction to enjoin any person, state agency or
local governmental agency which has engaged in or is about to engage in
any act which violates any provision of this chapter or the regulations
adopted pursuant thereto. Such injunction may be issued without proof of
actual damage sustained by any person.
2. The Department shall not seek injunctive relief under this
section if it has imposed a civil penalty for the same violation.
(Added to NRS by 1977, 257; A 1983, 1528)
1. Except as otherwise provided in subsection 2, any person who
violates any of the provisions of this chapter is liable to the State for
a civil penalty of:
(a) Where the provision violated governs the licensing of a project
which is required to be approved pursuant to NRS 439A.100 , not more than 10 percent of the proposed
expenditure for the project.
(b) Where any other provision is violated, not more than $20,000
for each violation.
2. The Department shall not impose a penalty under this section if
it applies for injunctive relief to prevent the same violation.
(Added to NRS by 1983, 1523; A 1991, 1077; 1995, 1488)
