§ 427A.135 — Investigation; entry into facility; interference prohibited; penalty; right of recipient concerning visits with Ombudsman or advocate; immunity for investigations performed by Ombudsman or advocate

Nevada § 427A.135

• Jurisdiction: Nevada
• Title 38: PUBLIC WELFARE
• Ch. 427A: Services

Text

1. The Ombudsman or an advocate may:
(a) Upon a complaint by or on behalf of a recipient, 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 recipient; and
(b) Make periodic visits to any facility for long-term care, day care center, facility for long-term rehabilitation, facility maintained by a provider of living arrangement services or, with the consent of a recipient of living arrangement services, the residence of the recipient to provide information to recipients 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 recipient.
2. The Ombudsman or an advocate may enter:
(a) Any facility for long-term care, day care center, facility for long-term rehabilitation or facility maintained by a provider of living arrangement services and any area within such a facility at reasonable times with or without prior notice and must be permitted access to recipients of services from 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.
(b) With the consent of a recipient of living arrangement services, the residence of the recipient.
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 recipient has the right to request, deny or terminate visits with the Ombudsman or an advocate. Nothing in this subsection shall be construed to require the Ombudsman or an advocate to investigate a complaint made by or on behalf of a recipient.
6. The Ombudsman or an advocate is not liable civilly for the good faith performance of any investigation.

Legislative History

(Added to NRS by 1983, 1026 ; A 1989, 1485 ; 1991, 1976 ; 2009, 42 ; 2019, 265 )