Surety bond required for initial license and renewal of license to operate facility for intermediate care, facility for skilled nursing, residential facility for groups 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 and agency to provide nursing in the home shall, when applying for a license or renewing a license, file with the Administrator of the Health Division a surety bond:
(a) If the facility or agency employs less than 7 employees, in the amount of $5,000;
(b) If the facility or agency employs at least 7 but not more than 25 employees, in the amount of $25,000; or
(c) If the facility or agency 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 or agency as principal and by a surety company as surety. The bond must be payable to the Aging Services Division of the Department of Human Resources and must be conditioned to provide indemnification to an older patient who the specialist for the rights of elderly persons determines has suffered property damage as a result of any act or failure to act by the facility or agency 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 Health Division, 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 or agency 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 or agency 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 Health Division shall give the facility or agency 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 Health Division may exempt a residential facility for groups 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.
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 or agency to provide nursing in the home that is operated and maintained by the State of Nevada or an agency thereof.
Last modified: February 26, 2006