Nevada § 449.065 - Surety bond for initial license and renewal of license to operate facility for intermediate care, facility for skilled nursing, residential facility for groups, home for individual residential care, agency to provide personal care services in home and agency to provide nursing in home; exemption; exception

§ 449.065. Surety bond for initial license and renewal of license to operate facility for intermediate care, facility for skilled nursing, residential facility for groups, home for individual residential care, agency to provide personal care services in home and agency to provide nursing in home; exemption; exception

1. Except as otherwise provided in subsections 6 and 7 and NRS 449.067 , each facility for intermediate care, facility for skilled nursing, residential facility

for groups, home for individual residential care, agency to provide personal care

services in the home and agency to provide nursing in the home shall, when applying

for a license or renewing a license, file with the Administrator of the Division of

Public and Behavioral Health a surety bond: (a) If the facility, agency, organization or home employs less than 7 employees, in

the amount of $5,000; (b) If the facility, agency, organization or home employs at least 7 but not more

than 25 employees, in the amount of $25,000; or (c) If the facility, agency, organization or home employs more than 25 employees,

in the amount of $50,000. 2. A bond filed pursuant to this section must be executed by the facility, agency,

organization or home as principal and by a surety company as surety. The bond must be payable to the Aging and Disability Services Division of the Department

of Health and Human Services and must be conditioned to provide indemnification to

an older patient who the Attorney for the Rights of Older Persons and Persons with

a Physical Disability, an Intellectual Disability or a Related Condition determines

has suffered property damage as a result of any act or failure to act by the facility,

agency, organization or home to protect the property of the older patient. 3. Except when a surety is released, the surety bond must cover the period of the

initial license to operate or the period of the renewal, as appropriate. 4. A surety on any bond filed pursuant to this section may be released after the surety

gives 30 days' written notice to the Administrator of the Division of Public and Behavioral

Health, but the release does not discharge or otherwise affect any claim filed by

an older patient for property damaged as a result of any act or failure to act by

the facility, agency, organization or home to protect the property of the older patient

alleged to have occurred while the bond was in effect. 5. A license is suspended by operation of law when the facility, agency, organization

or home is no longer covered by a surety bond as required by this section or by a

substitute for the surety bond pursuant to NRS 449.067 . The Administrator of the Division of Public and Behavioral Health shall give the

facility, agency, organization or home at least 20 days' written notice before the

release of the surety or the substitute for the surety, to the effect that the license

will be suspended by operation of law until another surety bond or substitute for

the surety bond is filed in the same manner and amount as the bond or substitute being

terminated. 6. The Administrator of the Division of Public and Behavioral Health may exempt a

residential facility for groups or a home for individual residential care from the

requirement of filing a surety bond pursuant to this section if the Administrator

determines that the requirement would result in undue hardship to the residential

facility for groups or home for individual residential care. 7. The requirement of filing a surety bond set forth in this section does not apply

to a facility for intermediate care, facility for skilled nursing, residential facility

for groups, home for individual residential care, agency to provide personal care

services in the home or agency to provide nursing in the home that is operated and

maintained by the State of Nevada or an agency thereof. 8. As used in this section, “ older patient ” means a patient who is 60 years of age or older.