Nev. Admin. Code § 439.Sec. 38

Current through November 8, 2024

Section 439.Sec. 38 - NEW

1. Any person may submit a complaint to the Division alleging that a program or program facilitator has violated any provision of sections 2 to 40, inclusive.

2. The Division shall not consider a complaint concerning the cost of services provided by a program.

3. Upon the receipt of a complaint pursuant to subsection 1, the Division shall provide written notice of receipt of the complaint to the person who filed the complaint.

4. Not later than 45 days after receiving a valid complaint concerning a program or program facilitator pursuant to subsection 1, the Division shall initiate an investigation of the program or program facilitator, as applicable. The Division may also investigate a program or program facilitator if it determines that a program or program facilitator, as applicable, has likely committed an action described in subsection 1, regardless of whether a complaint is submitted.

5. An investigation conducted pursuant to subsection 4 may include, without limitation:

(a) Requesting additional information or documentation from the complainant or the program or program facilitator who is the subject of the investigation or from any other person involved in the investigation; and

(b) Visiting any site at which the program operates or the program facilitator serves, as applicable, to interview staff and clients, review records and make observations.

6. An investigation conducted pursuant to this section may include any matter that appears to constitute a violation of sections 2 to 40, inclusive, regardless of whether the matter is included in the complaint.

7. Not later than 10 business days after completing an investigation, the Division shall:

(a) Compile a report of the investigation, which must include, without limitation, a description of each violation discovered during the inspection or a statement that no violation was discovered during the investigation; and

(b) Make the report available to the program or program facilitator, as applicable, that is the subject of the report.

8. The dismissal of a complaint must not be construed as preventing or limiting any subsequent investigation or other action by the Division.

Nev. Admin. Code § 439.Sec. 38

Added to NAC by Bd. of Health by R037-22A, eff. 12/29/2022

NRS 4.373, 5.055, 439.200