449.2496 - Penalties for unlicensed operation or maintenance of home. - Nevada Statutes

449.2496  Penalties for unlicensed operation or maintenance of home.

      1.  A person who operates or maintains a home for individual residential care without a license issued by the Health Division pursuant to NRS 449.249 is liable for a civil penalty, to be recovered by the Attorney General in the name of the Health Division, for the first offense of $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000.

      2.  Unless otherwise required by federal law, the Health Division shall deposit civil penalties collected pursuant to this section into a separate account in the State General Fund in the State Treasury to be used for the protection of the health, safety, well-being and property of patients, including residents of facilities found deficient by the Health Division.

      3.  A person against whom a civil penalty is assessed by the court pursuant to subsection 1:

      (a) Shall move, at that person’s own expense, all persons receiving services in the home for individual residential care to a licensed home for individual residential care.

      (b) May not apply for a license to operate a home for individual residential care until 6 months have elapsed since the penalty was assessed.

      (Added to NRS by 1993, 2556; A 1999, 1051)