NRS427A.135. Investigation; entry into facility; interference prohibited; penalty; right of resident concerning visits with Ombudsman or advocate; immunity for investigations performed by Ombudsman or advocate.

      1.  The Ombudsman or an advocate may:

      (a) Upon a complaint by or on behalf of a resident, investigate any act or policy which the Ombudsman or advocate has reason to believe may adversely affect the health, safety, welfare or civil rights of any resident of a facility for long-term care; and

      (b) Make periodic visits to any facility for long-term care to provide information to the residents of the facility and to review generally any act, practice, policy, procedure or condition which may adversely affect the health, safety, welfare or civil or other rights of any resident of the facility.

      2.  The Ombudsman or an advocate may enter any facility for long-term care and any area within the facility at reasonable times with or without prior notice and must be permitted access to residents of the facility at all times. Upon arrival at the facility, the Ombudsman or advocate shall make his or her presence known to the staff of the facility and shall present appropriate identification.

      3.  A person shall not willfully interfere with the Ombudsman or an advocate in the performance of any investigation or visitation pursuant to this section. If any person is found, after notice and a hearing, to have willfully violated any provision of this subsection, the Director, at the request of the Administrator, may refer the matter to the Division for the imposition of an administrative fine of not more than $1,000 for each violation.

      4.  Any money collected as a result of an administrative fine imposed pursuant to this section must be deposited in the State General Fund.

      5.  Each resident has the right to request, deny or terminate visits with the Ombudsman or an advocate.

      6.  The Ombudsman or an advocate is not liable civilly for the good faith performance of any investigation.

      (Added to NRS by 1983, 1026; A 1989, 1485; 1991, 1976; 2009, 42)