Nevada A.B. 20
State Website Full Text (most recent version):
http://www.multistatetech.com/cgi/citesource?sctnys=NVAB202009
Revises provisions governing homes for individual residential care and other facilities and agencies licensed by the Health Division of the Department of Health and Human Services.
Last Action:
05/22/2009 Approved by the Governor. Chapter 141. Effective January 1, 2010.
Additional Bill Information:
May 18, 2009 Enrolled Language-
Legislative Counsel’s Digest:
This bill expands the applicability of certain statutory requirements that currently apply to certain agencies and facilities that are licensed by the Health Division of the Department of Health and Human Services.
Section 1 of this bill requires a home for individual residential care that submits a reapplication for licensure to the Health Division to include a statement that the home is in compliance with certain provisions concerning investigations of the criminal history of its employees and independent contractors. (NRS 449.060)
Section 2 of this bill requires such a home to file a surety bond with the Health Division. The required amount of the bond ranges from $ 5,000 to $ 50,000, depending on the number of persons who are employed by the home. The Administrator of the Health Division may exempt a home from this requirement based on undue hardship. (NRS 449.065) In lieu of a surety bond, section 3 of this bill authorizes a home, with the approval of the Administrator, to deposit certain obligations with a bank or trust company. (NRS 449.067) Section 9 of this bill authorizes payment from the surety bond or the substitute for the surety bond if a patient who is 60 years of age or older (NRS 449.063) sustains damage to his property as a result of any act or failure to act by the home. (NRS 427A.175)
Section 4 of this bill requires an applicant for a license to operate an agency to provide personal care services in the home or a home for individual residential care to submit to the Central Repository for Nevada Records of Criminal History two complete sets of the fingerprints of the applicant. (NRS 449.176) Section 5 of this bill imposes a similar requirement on a home for individual residential care with respect to any person it hires or independent contractor with whom it contracts. (NRS 449.179)
Existing law sets forth certain crimes that are grounds for the denial, suspension or revocation of a license to operate certain facilities that are licensed by the Health Division. Section 8 of this bill expands the list of crimes to include certain sexually related crimes, crimes involving domestic violence and other crimes involving the use or threat of use of force or violence against the victim and makes the provisions of the section applicable to a home for individual residential care. (NRS 449.188) Section 7 of this bill requires that such a home terminate the employment or contract of any of its employees or independent contractors who are convicted of a crime specified in section 8. (NRS 449.185)
