[Rev. 5/25/2022 11:23:24 AM]


[NAC-436 Revised Date: 1-00]


436.010        Definitions.

436.020        Board of directors.

436.030        Director of center.

436.040        Application for funding.

436.050        Duties of centers.

436.060        Required service.

436.070        Medical consultation.

436.080        Discrimination prohibited.

436.090        Fees.

436.100        Plan for proposed program and expenditures.

436.110        Reimbursement: Application, licensing as prerequisites.

436.120        Reimbursement: Review, approval of expenditures.




      NAC 436.010  Definitions.  As used in this chapter, unless the context otherwise requires:

     1.  “Administrator” means the Administrator of the Division.

     2.  “Board” means the board of directors of a community mental health center.

     3.  “Division” means the Division of Mental Health and Developmental Services of the Department of Health and Human Services.

     [Men. Hygiene & Men. Retardation Div., Local Centers, Rule I, eff. 4-3-72]

      NAC 436.020  Board of directors.  A community mental health center, established under chapter 436 of NRS, must have a board of directors of not less than seven nor more than 45 members, broadly representative of the community, including recipients and family members of recipients of community mental health services and whose membership shall not include more than 49 percent of persons employed in mental health sciences or related professions.

     [Men. Hygiene & Men. Retardation Div., Local Centers, Rule II, eff. 4-3-72]

      NAC 436.030  Director of center.

     1.  A board of directors shall appoint a director to serve as chief executive officer of the community mental health center. The local director is accountable to the board of directors of the community mental health center.

     2.  The director of the community mental health center must meet the minimum administrative qualifications required for the administrators of mental health and mental retardation centers by the state personnel system.

     [Men. Hygiene & Men. Retardation Div., Local Centers, Rule III + Rule IV, eff. 4-3-72]

      NAC 436.040  Application for funding.  To be eligible for funding, a center must file an application with the administrator. The application must include the following information:

     1.  The name and address of the center.

     2.  The name, address and qualifications of the director of the center.

     3.  An outline of the services to be provided by the center.

     4.  An affidavit that the center is a nonsectarian and nonprofit organization under the Internal Revenue Code of 1954 as amended.

     5.  Certification of incorporation as a nonsectarian and nonprofit corporation.

     6.  A complete and detailed proposed financial statement for the operations for the coming year, including allocations for salaries, operating costs, transportation and equipment.

     7.  Proof of coverage under the state industrial insurance system.

     [Men. Hygiene & Men. Retardation Div., Local Centers, Rule V, eff. 4-3-72]

      NAC 436.050  Duties of centers.  Community mental health centers shall:

     1.  Encourage the development of new mental health services;

     2.  Promote the expansion of existing mental health services; and

     3.  Provide services to persons with mental retardation in the catchment area either through establishment of separate services or through written agreement with existing agencies.

     [Men. Hygiene & Men. Retardation Div., Local Centers, Rule VII, eff. 4-3-72]

      NAC 436.060  Required service.  In order to qualify for financial assistance, a center must provide two or more of the services required in NRS 436.240.

     [Men. Hygiene & Men. Retardation Div., Local Centers, Rule VI, eff. 4-3-72]

      NAC 436.070  Medical consultation.  Proper medical consultation must be a part of any direct services provided under chapter 436 of NRS.

     [Men. Hygiene & Men. Retardation Div., Local Centers, Rule XI, eff. 4-3-72]

      NAC 436.080  Discrimination prohibited.  No person may, on the grounds of race, color, sex, creed or national origin, be excluded from, denied the benefits of or be otherwise subjected to discrimination by facilities operated in accordance with this chapter.

     [Men. Hygiene & Men. Retardation Div., Local Centers, Rule XVI, eff. 4-3-72]

      NAC 436.090  Fees.

     1.  Centers may charge a fee for services, but if they do so, it must be on a sliding scale with a zero dollar minimum.

     2.  Fees must be based on the ability of the patient and the patient’s relatives to pay.

     3.  Any center which establishes such a fee schedule shall file the schedule with the division for review and approval.

     4.  Any fees for services which are collected must be included in the money raised and budgeted by the center.

     [Men. Hygiene & Men. Retardation Div., Local Centers, Rule XII + Rule XIII, eff. 4-3-72]

      NAC 436.100  Plan for proposed program and expenditures.  A center shall submit annually to the administrator a plan for its proposed program and expenditures, which the administrator shall review to determine its compliance with standards. Actual expenditures are subject to reimbursement in accordance with this chapter and chapter 436 of NRS.

     [Men. Hygiene & Men. Retardation Div., Local Centers, Rule VIII, eff. 4-3-72]

      NAC 436.110  Reimbursement: Application, licensing as prerequisites.

     1.  Applications to qualify as a community mental health center for the purpose of reimbursement must be submitted to the administrator before midnight of the following dates:

     (a) June 1;

     (b) September 1;

     (c) December 1; or

     (d) March 1.

     2.  Each application so submitted shall be reviewed by the administrator, who will attach a recommendation for approval or rejection to the application and forward it to the mental hygiene and mental retardation advisory board.

     3.  The board shall act upon the application within the 30-day period following their receipt of the application. The decision of the advisory board is final.

     4.  Where licensing of services is required by state regulation, such license must be obtained before reimbursement can be provided.

     [Men. Hygiene & Men. Retardation Div., Local Centers, Rule X + Rule XIV, eff. 4-3-72]

      NAC 436.120  Reimbursement: Review, approval of expenditures.  Reimbursement will be made on a quarterly basis after a review of the report of expenditures by the administrator and approval of a committee of the advisory board appointed for this purpose.

     [Men. Hygiene & Men. Retardation Div., Local Centers, Rule XV, eff. 4-3-72]