NRS449.209. Prohibition against medical facility or employee of medical facility making certain referrals to residential facilities for groups; civil penalties; system to track violations.

      1.  In addition to the requirements and prohibitions set forth in NRS 449.0305, and notwithstanding any exceptions set forth in that section, a licensed medical facility or an employee of such a medical facility shall not:

      (a) Refer a person to a residential facility for groups that is not licensed by the Division; or

      (b) Refer a person to a residential facility for groups if the licensed medical facility or its employee knows or reasonably should know that the residential facility for groups, or the services provided by the residential facility for groups, are not appropriate for the condition of the person being referred.

      2.  If a licensed medical facility or an employee of such a medical facility violates the provisions of subsection 1, the licensed medical facility is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 or more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used for the enforcement of this section and the protection of the health, safety, well-being and property of residents of residential facilities for groups.

      3.  The Board shall:

      (a) Establish and maintain a system to track violations of this section and NRS 449.0305. Except as otherwise provided in this paragraph, records created by or for the system are public records and are available for public inspection. The following information is confidential:

             (1) Any personally identifying information relating to a person who is referred to a residential facility for groups.

             (2) Information which may not be disclosed under federal law.

      (b) Educate the public regarding the requirements and prohibitions set forth in this section and NRS 449.0305.

      4.  As used in this section, “licensed medical facility” means:

      (a) A medical facility that is required to be licensed pursuant to this section and NRS 449.030 to 449.2428, inclusive.

      (b) A facility for the dependent that is required to be licensed pursuant to this section and NRS 449.030 to 449.2428, inclusive.

      (c) A facility that provides medical care or treatment and is required by regulation of the Board to be licensed pursuant to NRS 449.0303.

      (Added to NRS by 2011, 704)