1. An agency to provide personal care services in the home or an employee of such an agency shall not:
- (a) Refer a person to a residential facility for groups that is not licensed by the Division; or
- (b) Refer a person to a residential facility for groups if the agency to provide personal care services in the home or its employee knows or reasonably should know that the residential facility for groups, or the services provided by the residential facility for groups, are not appropriate for the condition of the person being referred.
- 2. If an agency to provide personal care services in the home or an employee of such an agency violates the provisions of subsection 1, the agency to provide personal care services in the home is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 or more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used for the enforcement of this section and the protection of the health, safety, well-being and property of residents of residential facilities for groups.
3. The Board shall:
(a) Establish and maintain a system to track violations of this section. Except as otherwise provided in this paragraph, records created by or for the system are public records and are available for public inspection. The following information is confidential:
- (1) Any personally identifying information relating to a person who is referred to a residential facility for groups.
- (2) Information which may not be disclosed under federal law.
- (b) Educate the public regarding the requirements and prohibitions set forth in this section and NRS 449.0305.
- 4. As used in this section, “residential facility for groups” has the meaning ascribed to it in NRS 449.017.
(Added to NRS by 2025, 939)