Home Health Agency Requirements in Nevada

Nevada requires home health agencies to obtain licensure from the Bureau of Health Care Quality and Compliance (HCQC). A major regulatory transition effective July 1, 2025 reshapes oversight responsibilities.

Regulatory Transition (July 2025)

Senate Bill 494 established the Nevada Health Authority (NVHA), and effective July 1, 2025, HCQC transitions from the Department of Human Services/Division of Public and Behavioral Health to NVHA's Division of Purchasing and Compliance. Operations continue without disruption during this transition.

License Types

Home Health Agency: Required for agencies providing skilled nursing, therapy, and medical home health services. Governed by Nevada Administrative Code Chapter 449.749.

Personal Care Agency: Separate licensure category for agencies providing personal care services in the home without skilled nursing or therapy. This license covers non-medical personal assistance.

Licensing Requirements

Home health agency applications require:

  • Nevada State Business License: From Secretary of State with NV ID number (copies only—no receipts or SilverFlume screenshots)
  • Local Business License: City or county license, Conditional Use Verification Form, Zoning Approval Letter, or Special Use Permit
  • Physical Location: All licensed facilities must have a physical location in Nevada
  • Documentation listing facility name, address, and authorization to operate from that location

Application Process

Apply through the online licensing system at myhealthfacilitylicense.nv.gov. HCQC reviews applications for compliance with NRS Chapter 449 and NAC Chapter 449.

Contact Information

Bureau of Health Care Quality and Compliance:

  • Address: 727 Fairview Drive, Suite E, Carson City, NV 89701
  • Phone: (775) 684-1030
  • Fax: (775) 684-1073
  • Complaint line: 1-800-225-3414

Certified Nursing Assistant (CNA) Certification

The Nevada State Board of Nursing (NSBN) oversees CNA certification, approving training programs and maintaining the registry.

Training Requirements

Nevada-approved Nursing Assistant Training Programs (NATP) must meet these standards:

  • 75 hours minimum total training
  • 60+ hours of theory and laboratory skills instruction
  • Compliance with federal OBRA standards
  • NSBN approval required for all training providers (per NRS 632.2856)

Eligibility Requirements

  • Minimum age: 16 years (some programs require 18)
  • Mandatory background check with clean criminal record
  • Physical capability for patient mobility assistance and extended standing
  • Some programs require high school diploma or equivalency

Certification Examination

The National Nurse Aide Assessment Program (NNAAP) consists of:

  • Written/oral examination: Multiple choice questions
  • Practical skills test: Hands-on competency demonstration
  • Passing score: 70% minimum on both sections
  • Attempts: Up to 3 per component
  • Time limit: Must pass both within 1 year of training completion

If candidates don't pass within allowed time or attempts, they must complete a new training program before retesting.

Application Process

  1. Create account on Nevada Nurse Portal
  2. Submit CNA by Examination application ($50 fee)
  3. Submit within one year of program completion
  4. Once approved by NSBN, create Credentia account
  5. Upload required documents, schedule and pay for exam

Contact Information

  • Credentia (testing): (888) 204-6249
  • Nevada State Board of Nursing: (888) 590-6726

Home Health Aide (HHA) Requirements

Home health aides in Nevada must meet competency requirements based on employment setting.

Medicare-Certified Agencies

HHAs working for Medicare-certified home health agencies must complete:

  • 75 hours of training minimum
  • 16 hours of supervised practical training
  • Competency evaluation in required skill areas
  • 12 hours of annual in-service training

State-Licensed Personal Care Agencies

Personal care aides working for state-licensed personal care agencies must meet Nevada's standards for competency and supervision as outlined in NAC 449 regulations for personal care agencies.

Nevada Medicaid and Home Care Services

Nevada Medicaid provides coverage for home health services through the Division for Health Care Financing and Policy (DHCFP) in coordination with the Aging and Disability Services Division (ADSD).

2025 Financial Eligibility

For HCBS Waiver programs:

  • Asset limit (single): $2,000
  • Asset limit (married, both applying): $3,000 combined
  • Income limit (single): $2,901 per month
  • Income limit (married, both applying): $5,802 combined per month
  • Community Spouse Resource Allowance: $157,920

Look-Back Period

Nevada applies a 60-month look-back period to review applicants' financial history for asset transfers or below-market-value sales before the application date.

Covered Home Health Services

Nevada Medicaid covers home health services including:

  • Skilled nursing visits
  • Home health aide services
  • Physical, occupational, and speech therapy
  • Medical supplies and equipment

HCBS Waiver Programs

Nevada operates several Home and Community-Based Services waiver programs serving different populations with distinct eligibility criteria.

Frail Elderly (FE) Waiver

The HCBS Waiver for the Frail Elderly provides community-based, in-home services enabling frail and elderly individuals to remain in their homes and avoid nursing facility placement.

Eligibility:

  • Age 65 or older
  • Nursing Facility Level of Care determination
  • Demonstrated need for waiver services
  • Assessment by DHCFP and ADSD

Physical Disabilities (PD) Waiver

The HCBS Waiver for Persons with Physical Disabilities serves individuals with severe physical disabilities, enabling community living and preventing institutional placement.

Structured Family Caregiver Waiver (NEW - January 2025)

Nevada launched the Structured Family Caregiver (SFCG) Waiver in January 2025, a significant expansion of home care options:

  • Purpose: Pays family caregivers to provide in-home services
  • Population: Medicaid long-term care recipients diagnosed with dementia
  • Flexibility: Recipients can choose any caregiver, including any family member
  • This represents a major policy shift toward recognizing and compensating family caregiving

Available Services

HCBS waiver services vary based on individual needs but may include:

  • Adult day care
  • In-home respite care
  • Homemaker services
  • Personal emergency response systems

Residential Settings

Waiver participants may reside in their own home, a family member's home, group residential facilities, or assisted living residences while receiving services.

Important Considerations

HCBS waivers are non-entitlement programs with limited slots. Waiting lists may exist for some waivers. Starting January 2027, work requirements may apply to ACA expansion adults (19-64) but not to seniors, disabled individuals, pregnant women, or children.

Electronic Visit Verification (EVV)

Nevada implements EVV requirements in compliance with the 21st Century Cures Act.

Required Data Elements

Nevada's EVV system captures:

  • Type of service performed
  • Individual receiving the service
  • Date and location of service delivery
  • Individual providing the service
  • Time service begins and ends

Provider Responsibilities

Agencies must ensure EVV integration with billing and scheduling systems. Staff training on proper documentation procedures is essential for compliance and avoiding claim denials.

Medicare Home Health in Nevada

Medicare-certified home health agencies in Nevada must maintain both federal certification and state licensure.

Dual Certification Requirements

HCQC has an agreement with CMS to certify facilities according to Title 42 of the Code of Federal Regulations. Agencies must:

  • Hold valid Nevada home health agency license
  • Meet all federal Conditions of Participation
  • Complete successful initial and periodic surveys
  • Maintain ongoing compliance with quality standards

PDGM Operations

Nevada agencies operate under the Patient-Driven Groupings Model (PDGM) with 30-day payment periods. Success requires accurate OASIS assessment, appropriate clinical coding, and efficient visit utilization.

Nevada Labor Laws for Home Care

Nevada's labor laws include unique daily overtime requirements and a Domestic Workers' Bill of Rights providing enhanced protections for home care workers.

Minimum Wage

Effective July 1, 2024, Nevada has a unified minimum wage rate of $12.00 per hour. Ballot Question 2 (2022) eliminated the previous two-tier system based on health benefits.

Daily Overtime (Unique to Nevada)

Nevada requires daily overtime for certain employees—a requirement unique among states:

  • Employees earning less than $18.00/hour (1.5x minimum wage) receive overtime after 8 hours in any 24-hour period
  • Exception: 10-hour shifts for 4 calendar days per week with employee agreement
  • This applies in addition to weekly overtime requirements

Weekly Overtime

  • Non-exempt employees receive 1.5x regular rate after 40 hours per workweek
  • Live-in employees may be exempt with written agreement between employee and employer

Required Rest Periods

  • Weekly rest: 24 consecutive hours each week
  • Monthly rest: 48 consecutive hours each month
  • Hours worked on rest days must be paid at overtime rate if employee chooses to work

Domestic Workers' Bill of Rights

Nevada's Domestic Workers' Bill of Rights provides special protections for home care workers including:

  • Home health aides and personal care aides are covered
  • Also covers companions, nannies, housekeepers, and other household workers
  • Enhanced labor protections beyond standard employment law

Written Employment Contract Requirement

At hire, household employers must provide employees with a written contract including:

  • Employer name and address
  • Employee name and start date
  • List of duties to be performed
  • Weekly schedule of days, hours, and breaks
  • Hourly rate and overtime rate
  • Benefits offered
  • Pay frequency and method

Workers' Compensation

Household employers in Nevada are not required to carry workers' compensation insurance. However, coverage is recommended to protect both businesses and workers from work-related injuries or illnesses.

Workforce Challenges and Strategies

Nevada agencies face workforce dynamics shaped by rapid population growth, tourism industry competition, and unique regulatory requirements.

Key Challenges

  • Daily overtime costs: Nevada's unique 8-hour daily overtime threshold increases labor costs
  • Tourism competition: Las Vegas hospitality sector competes for service workers
  • Rural coverage: Significant geographic areas outside urban centers
  • Regulatory transition: NVHA transition requires monitoring for policy changes
  • Contract requirements: Written employment contract documentation adds administrative burden

Effective Strategies

  • Optimize scheduling: Design shifts to minimize daily overtime triggers (consider 10-hour/4-day schedules)
  • Competitive positioning: Highlight career stability versus hospitality industry volatility
  • Leverage SFCG Waiver: Connect with family caregivers through new dementia care program
  • Contract templates: Develop compliant written employment contracts for efficient onboarding
  • Training partnerships: Work with UNLV, CSN, and community colleges for recruitment pipelines
  • Documentation systems: Implement EVV-integrated scheduling to track hours and prevent overtime surprises

Retention Best Practices

  • Competitive wages acknowledging $12 minimum and daily overtime realities
  • Clear shift structures respecting rest period requirements
  • Career advancement from CNA to LPN to RN
  • Benefits packages differentiating from part-time hospitality work
  • Recognition programs celebrating worker contributions

Resources and Links

The Bottom Line

Nevada's home health care environment combines regulatory transition with unique labor requirements and new waiver opportunities. The July 2025 shift to the Nevada Health Authority, daily overtime thresholds, and the new Structured Family Caregiver Waiver create both challenges and opportunities for agencies. Success in the Silver State requires understanding daily overtime implications, leveraging new family caregiver programs, and building compliant employment practices that meet Domestic Workers' Bill of Rights standards.

Struggling with Workforce Challenges?

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