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NAC 436

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NAC 436 Community Programs for Mental Health

Jurisdiction: NV Agency: Nevada Division of Public and Behavioral Health
CMHC (100%)
Plain-English summary

This chapter establishes operational and funding requirements for community mental health centers in Nevada established under NRS Chapter 436. Operators must maintain a qualifying board of directors, appoint a director meeting state personnel qualifications, and submit annual program and expenditure plans to the Division for review. Centers must provide at least two required services, include proper medical consultation in direct services, use a sliding-scale fee schedule if fees are charged, and obtain any required licenses before receiving state reimbursement.

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Regulation text
[Rev. 4/13/2026 12:53:16 PM]

[NAC-436 Revised Date: 1-00]

CHAPTER 436 - COMMUNITY PROGRAMS FOR MENTAL
HEALTH

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]