Nevada Revised Statutes
Chapter 439A - Planning for the Provision of Health Care
NRS 439A.100 - Approval of Director required for certain projects; criteria for review of application.


1. Except as otherwise provided in this section, in a county whose population is less than 100,000, or in an incorporated city or unincorporated town whose population is less than 25,000 that is located in a county whose population is 100,000 or more, no person may undertake any proposed expenditure for new construction by or on behalf of a health facility in excess of the greater of $2,000,000 or such an amount as the Department may specify by regulation, which under generally accepted accounting principles consistently applied is a capital expenditure, without first applying for and obtaining the written approval of the Director. The Division of Public and Behavioral Health of the Department shall not issue a new license or alter an existing license for such a project unless the Director has issued such an approval.
2. The provisions of subsection 1 do not apply to:
(a) Any capital expenditure for:
(1) The acquisition of land;
(2) The construction of a facility for parking;
(3) The maintenance of a health facility;
(4) The renovation of a health facility to comply with standards for safety, licensure, certification or accreditation;
(5) The installation of a system to conserve energy;
(6) The installation of a system for data processing or communication; or
(7) Any other project which, in the opinion of the Director, does not relate directly to the provision of any health service;
(b) Any project for the development of a health facility that has received legislative approval and authorization; or
(c) A project for the construction of a hospital in an unincorporated town if:
(1) The population of the unincorporated town is more than 24,000;
(2) No other hospital exists in the town;
(3) No other hospital has been approved for construction or qualified for an exemption from approval for construction in the town pursuant to this section; and
(4) The unincorporated town is at least a 45-minute drive from the nearest center for the treatment of trauma that is licensed by the Division of Public and Behavioral Health of the Department.
Upon determining that a project satisfies the requirements for an exemption pursuant to this subsection, the Director shall issue a certificate which states that the project is exempt from the requirements of this section.
3. In reviewing an application for approval, the Director shall:
(a) Comparatively assess applications for similar projects affecting the same geographic area; and
(b) Base his or her decision on criteria established by the Director by regulation. The criteria must include:
(1) The need for and the appropriateness of the project in the area to be served;
(2) The financial feasibility of the project;
(3) The effect of the project on the cost of health care; and
(4) The extent to which the project is consistent with the purposes set forth in NRS 439A.020 and the priorities set forth in NRS 439A.081, including, without limitation:
(I) The impact of the project on other health care facilities;
(II) The need for any equipment that the project proposes to add, the manner in which such equipment will improve the quality of health care and any protocols provided in the project for avoiding repetitive testing;
(III) The impact of the project on disparate health outcomes for different populations in the area that will be served by the project;
(IV) The manner in which the project will expand, promote or enhance the capacity to provide primary health care in the area that will be served by the project;
(V) Any plan by the applicant to collect and analyze data concerning the effect of the project on health care quality and patient outcomes in the area served by the project;
(VI) Any plan by the applicant for controlling the spread of infectious diseases; and
(VII) The manner in which the applicant will coordinate with and support existing health facilities and practitioners, including, without limitation, mental health facilities, programs for the treatment and prevention of substance use disorders and providers of nursing services.
4. The Department may by regulation require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the location of the project or a substantial increase in the cost of the project.
5. The decision of the Director is a final decision for the purposes of judicial review.
6. As used in this section, "hospital" has the meaning ascribed to it in NRS 449.012.
(Added to NRS by 1971, 568; A 1977, 256; 1979, 491, 968; 1981, 1216; 1983, 1526; 1985, 1360; 1987, 873, 1627; 1989, 1946, 2111; 1991, 1075; 1995, 1486; 2003, 1324; 2013, 3044; 2015, 2436)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 439A - Planning for the Provision of Health Care

NRS 439A.010 - Definitions.

NRS 439A.012 - "Department" defined.

NRS 439A.0125 - "Director" defined.

NRS 439A.015 - "Health facility" defined.

NRS 439A.017 - "Health services" defined.

NRS 439A.0195 - "Practitioner" defined. [Effective through December 31, 2021.] "Practitioner" defined. [Effective January 1, 2022.]

NRS 439A.020 - Purposes of chapter.

NRS 439A.081 - Department is state agency for health planning and development; powers of Director; fees.

NRS 439A.082 - Director to contract with Nevada System of Higher Education to collect and analyze information from health facilities and purchasers of health care.

NRS 439A.083 - Director to establish procedure for review of statutes, regulations and standards governing approval, licensing or certification of health facilities.

NRS 439A.086 - Chief Research and Statistical Analyst: Position created.

NRS 439A.100 - Approval of Director required for certain projects; criteria for review of application.

NRS 439A.104 - Approval of Chief Medical Officer required for operation of certain medical helicopters; criteria for review of application.

NRS 439A.111 - Definitions.

NRS 439A.112 - "Provider of health care" defined.

NRS 439A.114 - "Working Group" defined.

NRS 439A.116 - Establishment of database of certain information relating to renewal of license, certificate or registration; data request provided to certain professional licensing boards; confidentiality of information; duties of Director.

NRS 439A.118 - Health Care Workforce Working Group: Establishment; membership; Chair; meetings; quorum; service without compensation; members holding public office or employed by governmental entity; administrative support.

NRS 439A.121 - Health Care Workforce Working Group: Duties; reports.

NRS 439A.122 - Regulations; contracts and agreements; gifts, grants and donations.

NRS 439A.124 - Data request to Board of Medical Examiners and State Board of Osteopathic Medicine for certain information concerning physicians; confidentiality of information; posting of report on Internet website.

NRS 439A.126 - Notification to Department concerning certain transactions involving hospitals or physician group practices; posting of information and report on Internet website.

NRS 439A.130 - Definitions.

NRS 439A.135 - "Administrator" defined.

NRS 439A.138 - "Division" defined.

NRS 439A.140 - "Employer" defined.

NRS 439A.150 - "J-1 visa physician" defined.

NRS 439A.155 - "J-1 visa waiver" defined.

NRS 439A.160 - "Letter of support" defined.

NRS 439A.165 - "Program" defined.

NRS 439A.170 - Establishment; regulations; application fees; accounting and use of money; administration of Program.

NRS 439A.175 - Application for letter of support; qualifications; conditions for contract between employer and J-1 visa physician.

NRS 439A.180 - Violations and penalties.

NRS 439A.185 - Civil and criminal immunity for reporting violations.

NRS 439A.190 - Official recognition required; duty of Department to maintain Internet website; certain activities deemed not to be unfair methods of competition or unfair or deceptive trade practices.

NRS 439A.200 - Definitions.

NRS 439A.205 - Hospital" defined.

NRS 439A.207 - "Potentially preventable readmission" defined.

NRS 439A.210 - Surgical center for ambulatory patients" defined.

NRS 439A.220 - Information concerning hospitals: Establishment of program; information to be collected, maintained and provided through program.

NRS 439A.230 - Information concerning hospitals: Regulations; deadline for submission of information; notice of failure to provide information to be sent to Division of Public and Behavioral Health.

NRS 439A.240 - Information concerning surgical centers for ambulatory patients: Establishment of program; information to be collected, maintained and provided through program.

NRS 439A.250 - Information concerning surgical centers for ambulatory patients: Regulations; deadline for submission of information; notice of failure to provide information to be sent to Division of Public and Behavioral Health.

NRS 439A.260 - Department to collect and maintain information and make summary of information available to certain persons; information to be aggregated.

NRS 439A.270 - Internet website for information concerning hospitals and surgical centers for ambulatory patients: Establishment; information to be included on website; presentation of information on website; duties of Department.

NRS 439A.280 - Suspension of certain components of program or duties of Department if sufficient money not available; acceptance of gifts and grants.

NRS 439A.290 - Duty of Department to consult; Department allowed to contract with certain entities for analysis of information collected and maintained by Department; regulations for review and release of information; annual report concerning request...

NRS 439A.300 - Injunctions.

NRS 439A.310 - Civil penalties.