reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 22 - Living Will › Article 4 - Wyoming Health Care Decisions Act › Section 35-22-414 - Effect of Act.

35-22-414. Effect of act.
(a) This act does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health care directive.
(b) Death resulting from the withholding or withdrawal of health care in accordance with this act does not for any purpose constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit, notwithstanding any term of the policy or annuity to the contrary.
(c) This act does not authorize mercy killing, assisted suicide, euthanasia or the provision, withholding or withdrawal of health care, to the extent prohibited by other statutes of this state.
(d) This act does not authorize or require a health care provider or institution to provide health care contrary to generally accepted health care standards applicable to the health care provider or institution.
(e) This act does not affect other statutes of this state governing treatment for mental illness of an individual involuntarily committed to a mental health care institution pursuant to law or a psychiatric advance directive executed in accordance with W.S. 35-22-301 through 35-22-308.
(f) Any cardiopulmonary resuscitation directives developed under W.S. 35-22-201 through 35-22-208 shall remain in effect unless specifically revoked by the advance health care directive.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 22 - Living Will › Article 4 - Wyoming Health Care Decisions Act › Section 35-22-415 - Judicial Relief.

35-22-415. Judicial relief.
On petition of a patient, the patient's agent, guardian or surrogate, a health care provider or institution involved with the patient's care, or an individual described in W.S. 35-22-406(b) or (c) the district court may enjoin or direct a health care decision or order other equitable relief. A proceeding under this section is governed by the Wyoming Rules of Civil Procedure.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 22 - Living Will › Article 4 - Wyoming Health Care Decisions Act › Section 35-22-416 - Uniformity of Application and Construction.

35-22-416. Uniformity of application and construction.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject matter of this act among states enacting it.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 22 - Living Will › Article 5 - Provider Orders for Life Sustaining Treatment Program Act › Section 35-22-502 - Polst Program.

35-22-502. POLST program.
(a) The provider orders for life sustaining treatment (POLST) program is a process of evaluation and communication between a patient, or the patient's agent, guardian or surrogate, and health care professionals in order to:
(i) Ensure that health care providers understand the desires of the patient, or the patient s agent, guardian or surrogate, regarding medical treatment as the patient nears the end of life;
(ii) Convert the patient's goals and preferences for care into a set of medical orders on a POLST form that is portable across care settings to be complied with by all health professionals; and
(iii) Provide the patient and the patient's agent, guardian or surrogate, if any, with a copy of the completed POLST form.
(b) Unless otherwise provided in this article, terms in this article shall have the same meaning as in the Wyoming Health Care Decisions Act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 22 - Living Will › Article 5 - Provider Orders for Life Sustaining Treatment Program Act › Section 35-22-503 - Polst Form; Who May Execute.

35-22-503. POLST form; who may execute.
(a) Any adult who has the capacity to provide informed consent to, or refusal of, medical treatment may execute a POLST form.
(b) Any adult authorized pursuant to the laws of this state or any other state to make medical treatment decisions on behalf of a person who lacks capacity may execute a POLST form on behalf of that person.
(c) If a patient who lacks capacity has not executed a valid advance directive or a valid POLST form, a surrogate may execute a POLST form on behalf of the patient as provided in W.S. 35-22-406. If a valid advance directive or POLST form executed by the patient forbids changes by a surrogate, a surrogate shall not execute or change a POLST form on behalf of the patient.
(d) An individual acting in good faith as agent, guardian or surrogate under this act shall not be subject to civil liability or criminal prosecution for executing a POLST form as provided in this act on behalf of a patient who lacks capacity.
(e) If medical orders on a POLST form relate to a minor and direct that life sustaining treatment be withheld from the minor, the order shall include a certification by two (2) health care providers that, in their clinical judgment, an order to withhold treatment is in the best interest of the minor.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 22 - Living Will › Article 5 - Provider Orders for Life Sustaining Treatment Program Act › Section 35-22-504 - Polst Forms; Department of Health Duties.

35-22-504. POLST forms; department of health duties.
(a) The department of health shall promulgate rules implementing this act and prescribing a standardized POLST form, subject to the following:
(i) The rules shall contain protocols for the implementation of a standardized POLST form, which shall be available in electronic format on the department website for downloading by patients and providers;
(ii) The department in formulating rules and forms shall consult with health care professional licensing groups, provider advocacy groups, patient advocacy groups, medical ethicists and other appropriate stakeholders;
(iii) To the extent possible, the standardized POLST form and protocols shall be consistent with use across all health care settings, shall reflect nationally recognized standards for end-of-life care and shall include:
(A) The patient's directive concerning the administration of life sustaining treatment;
(B) The dated signature of the patient or, if applicable, the patient's agent, guardian or surrogate;
(C) The name, address and telephone number of the patient's primary health care provider;
(D) The dated signature of the primary health care provider entering medical orders on the POLST form, who certifies that the signing provider discussed the patient's care goals and preferences with the patient or the patient's agent, guardian or surrogate.
(b) The department in implementing this article shall:
(i) Recommend a uniform method of identifying persons who have executed a POLST form and providing health care providers with contact information of the person's primary health care provider;
(ii) Oversee the education of health care providers regarding the POLST program under the department's licensing authority;
(iii) Develop a process for collecting provider feedback to enable periodic redesign of the POLST form in accordance with current health care practice;
(iv) Adopt a plan to convert the cardiopulmonary resuscitation directive program under W.S. 35-22-203 to a POLST program by January 1, 2016.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 22 - Living Will › Article 5 - Provider Orders for Life Sustaining Treatment Program Act › Section 35-22-505 - Duty to Comply With Polst Form; Immunity, Effect on Criminal Charges Against Another Person.

35-22-505. Duty to comply with POLST form; immunity, effect on criminal charges against another person.
(a) Emergency medical service personnel, health care providers and health care facilities, absent actual notice of revocation or termination of a POLST form, shall comply with the orders on a person's POLST form. Any emergency medical service personnel, health care provider or health care facility or any other person who, in good faith and in accordance with generally accepted health care standards applicable to the health care professional or institution, complies with orders on a POLST form shall not be subject to civil liability, criminal prosecution, regulatory sanction or discipline for unprofessional conduct.
(b) Compliance by emergency medical service personnel, health care providers or health care facilities with orders on a POLST form shall not affect the criminal prosecution of any person otherwise charged with the commission of a criminal act.
(c) In the absence of a valid POLST form, other provider orders documented in a medical record or an advance health care directive available to the treating provider, an individual's consent to life sustaining treatment shall be presumed.
(d) A POLST form from another state, absent actual notice of revocation or termination, shall be presumed to be valid and shall be effective in this state.
(e) Emergency medical service personnel, health care providers and health care facilities shall comply with the orders on a POLST form without regard to whether the ordering provider is on the medical staff of the treating health care facility.
(f) If a patient whose goals and preferences for care have been entered on a valid POLST form is transferred from one (1) health care facility to another, the health care facility initiating the transfer shall communicate the existence of the POLST form to the receiving facility prior to the transfer. The POLST form shall accompany the individual to the receiving facility and shall remain in effect. The POLST form shall be reviewed by the treating health care professional and made into a medical order at the receiving facility unless the POLST form is replaced or voided as provided in this article.
(g) To the extent that the orders on a POLST form described in this section conflict with the provisions of an advance directive made under W.S. 35-22-403, the most recent of those documents signed by the patient takes precedence.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 22 - Living Will › Article 5 - Provider Orders for Life Sustaining Treatment Program Act › Section 35-22-506 - Polst Form Not a Prerequisite for Services.

35-22-506. POLST form not a prerequisite for services.
Facilities or providers shall not require a person to complete a POLST form as a prerequisite or condition for the provision of services or treatment.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 22 - Living Will › Article 5 - Provider Orders for Life Sustaining Treatment Program Act › Section 35-22-507 - Presence or Absence of Polst Form; Effect on Life or Health Insurance.

35-22-507. Presence or absence of POLST form; effect on life or health insurance.
An individual's execution of or refusal or failure to execute a POLST form shall not affect, impair or modify any contract of life or health insurance or annuity to which the individual is a party, shall not be the basis for any delay in issuing or refusing to issue an annuity or policy of life or health insurance and shall not be the basis for any increase or decrease in premium charged to the individual.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 22 - Living Will › Article 5 - Provider Orders for Life Sustaining Treatment Program Act › Section 35-22-508 - Revocation of Polst Form.

35-22-508. Revocation of POLST form.
(a) An individual's consent to all or part of a POLST form may be revoked at any time and in any manner that communicates the individual's intent to revoke. Any oral revocation shall, as soon as possible after the revocation, be documented in a writing signed and dated by the individual or a witness to the revocation.
(b) An agent, guardian or surrogate who created a POLST form for a patient may revoke all or part of the POLST form at any time in writing signed by the agent, guardian or surrogate.
(c) A health care professional, agent, guardian or surrogate who is informed of a revocation shall promptly communicate the fact of the revocation to the patient's primary care physician, the current supervising health care professional and any health care facility at which the patient is receiving care.
(d) Upon revocation, the POLST form shall be void.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 22 - Living Will › Article 5 - Provider Orders for Life Sustaining Treatment Program Act › Section 35-22-509 - Effect of Act on Euthanasia; Mercy Killing; Construction of Statute.

35-22-509. Effect of act on euthanasia; mercy killing; construction of statute.
Nothing is this article shall be construed as condoning, authorizing or approving euthanasia or mercy killing. In addition, the legislature does not intend that this article be construed as permitting any affirmative or deliberate act to end a person's life, except to permit natural death as provided by this article.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 23 - Medication Aides › Section 35-23-107 - State Health Professional Training Enhancement Program.

35-23-107. State health professional training enhancement program.
(a) The department is authorized to provide education training opportunities for persons engaged in the health care professions who provide direct client care. The department may enter into agreements with individuals entering the program and attending an accredited university or community college program in a health care related field of study. The terms of the agreement shall include:
(i) The department shall provide the person an educational assistance loan of up to six thousand dollars ($6,000.00) and up to one-half (1/2) the monthly salary the person was earning at the time of entering an educational or training program acceptable to the department, for each year the person is satisfactorily enrolled in the educational or training program;
(ii) Upon completion of the educational or training program, the person shall work for one (1) of the departments, institutions or health programs within the state for a period of two (2) years for each year of education or training during which the person received both an educational assistance loan and salary, or if the person only received the educational assistance loan the obligation would be one (1) year of state employment for each year of educational assistance;
(iii) If the person fails to complete the educational or training program or fails to return to the employ of the state, he shall be required to immediately repay the educational assistance loan and any unearned salary provided by the department for attendance in the educational or training program;
(iv) Any other provision the department deems necessary or appropriate to accomplish the purposes of the program.
(b) The department is authorized to enter into agreements with health professionals who have completed a health care educational or training program from an accredited university or community college program to provide immediate relief for health professional position vacancies in the state. The terms of the agreement shall include:
(i) The department will pay up to six thousand dollars ($6,000.00) in educational loan repayment for each year a person is employed by the department in an area where there is a shortage of health professionals;
(ii) The person shall work for a minimum of three (3) years for the department under the agreement. Voluntary failure to complete the employment obligation will require the person to immediately repay any educational loan assistance made by the state on the person's behalf;
(iii) Any other provision the department deems necessary or appropriate to accomplish the purposes of the program.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 24 - Health Care Cooperative Arrangements for Anti-Trust Exceptions › Section 35-24-101 - State Health Care Policy; Legislative Findings and Declarations.

35-24-101. State health care policy; legislative findings and declarations.
(a) It is the policy of the state to promote:
(i) The quality of health care provided to the citizens of Wyoming;
(ii) Access to appropriate health care for all citizens of the state, including citizens in historically underserved populations and underserved geographic areas;
(iii) Containment of health care costs; and
(iv) A comprehensive health care system in the state.
(b) The legislature finds that the policies specified under subsection (a) of this section will be significantly enhanced by cooperative arrangements including joint ventures and similar enterprises, and contracts among health care providers and purchasers, and certain collaborative agreements between third party payors and health care providers, that might otherwise be prohibited by federal and state antitrust laws if undertaken without governmental involvement. The legislature declares that the formation and operation of cooperative arrangements be the subject of government regulation by the state and that state regulation be substituted for the marketplace and market competition. The legislature intends by provisions of this chapter, that approval of cooperative arrangements among health care providers, purchasers and third party payors be accompanied by appropriate conditions and ongoing supervision and regulation of the operations of the cooperative arrangements, in order to protect against any abuses and to effectively except the actions of approved and regulated cooperative arrangements from state and federal antitrust liability.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 24 - Health Care Cooperative Arrangements for Anti-Trust Exceptions › Section 35-24-103 - Application for Exception; Exception Absolute Defense; Liability Limited; Out-of-State Applicants; Consultation With Attorney General; Rulemaking Authority Granted.

35-24-103. Application for exception; exception absolute defense; liability limited; out-of-state applicants; consultation with attorney general; rulemaking authority granted.
(a) Providers, purchasers or any combination thereof, or third party payors if in collaboration with a provider, wishing to engage in contracts, business or financial arrangements or other activities, practices or arrangements that might be construed to be violations of state or federal antitrust laws but which are in the best interests of the state and further the policies and goals of this chapter, may apply to the director for an exception.
(b) Except as provided under W.S. 35-24-115(e), approval of an application by the department is an absolute defense against any action under state and federal antitrust laws.
(c) The application and any information obtained by the department under W.S. 35-24-104 through 35-24-110 that is not otherwise available are not admissible in any civil or criminal proceeding brought by the director or any other person based on an antitrust claim, except:
(i) A proceeding brought under W.S. 35-24-115(e) based on an applicant's failure to substantially comply with the terms of the application; or
(ii) A proceeding based on actions taken by the applicant prior to submitting the application, where the actions are acknowledged by the applicant in the application.
(d) Providers, purchasers and third party payors not physically located in this state who are registered to do business in this state are eligible to apply for an exception for arrangements in which they transact business in this state.
(e) The department shall consult with the attorney general in carrying out duties and responsibilities under this chapter.
(f) The department shall promulgate rules and regulations necessary to carry out this chapter.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 24 - Health Care Cooperative Arrangements for Anti-Trust Exceptions › Section 35-24-105 - Grounds for Refusal of Application Review.

35-24-105. Grounds for refusal of application review.
(a) If the director determines that an application is unclear, incomplete or provides an insufficient basis on which to base a decision, the director shall return the application and provide a written description of the deficiencies in the application to the applicant. The applicant may complete or revise and resubmit the application.
(b) The director may decline to review any application relating to arrangements already in effect before the submission of the application.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 24 - Health Care Cooperative Arrangements for Anti-Trust Exceptions › Section 35-24-106 - Notice of Application; Public Comments; Objections.

35-24-106. Notice of application; public comments; objections.
(a) The director shall publish notice of application proposals required under W.S. 35-24-104(b) and provide notice to any person who has requested to be placed on a list to receive notice of applications. The director may also notify and request comments from persons as authorized under W.S. 35-24-104(b). Copies of any request received shall be provided to the applicant in sufficient time to enable a response as authorized under subsection (b) of this section.
(b) Within twenty (20) days after notice is published, any person may mail to the director written comments with respect to the application. Comments may address what type of review procedure should be followed or specifically request that the director conduct a contested case hearing regarding the proposed arrangement. Persons submitting comments shall provide a copy of the comments to the applicant. The applicant may mail to the director written responses to any comments within ten (10) days after the deadline for mailing comments. The applicant shall also send a copy of the response to the person submitting the comment.
(c) Any aggrieved party has the right to file written objections to the application with the director within thirty (30) days after the date of publication. A person objecting shall submit a copy of the objections to the applicant.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 24 - Health Care Cooperative Arrangements for Anti-Trust Exceptions › Section 35-24-107 - Determination of Review Procedure; Criteria; Right to Hearing Afforded.

35-24-107. Determination of review procedure; criteria; right to hearing afforded.
(a) After the conclusion of the notice and comment period prescribed under W.S. 35-24-106, the director shall subject to subsection (b) of this section, select one (1) of the three (3) review procedures specified under W.S. 35-24-108 through 35-24-110. In determining which procedure to use, the director shall consider the following criteria:
(i) The size of the proposed arrangement in terms of number of parties and amount of money involved;
(ii) The complexity of the proposed arrangement;
(iii) The novelty of the proposed arrangement;
(iv) The substance and quantity of the comments received;
(v) The presence or absence of any significant gaps in the factual record.
(b) Upon request by the applicant, timely filing of an objection or a determination by the director, a contested case hearing shall be held no later than thirty (30) days after the conclusion of the notice, objection and comment period under W.S. 35-24-106. The director may extend the thirty (30) day period for good cause. The director shall hold a public hearing as specified under W.S. 35-24-110.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 24 - Health Care Cooperative Arrangements for Anti-Trust Exceptions › Section 35-24-108 - Decision Based Upon Written Record.

35-24-108. Decision based upon written record.
(a) If a contested case hearing is not required pursuant to W.S. 35-24-107(b) and instead of a limited hearing under W.S. 35-24-109, the director may issue a decision based on the application, the comments and the applicant's responses to the comments, to the extent each is relevant. In making the decision, the director may rely upon publicly available department of health data.
(b) A decision rendered under this section shall be in writing and specify the items in the written record relied upon in reaching conclusions. The applicant shall be notified of notice taken of judicially cognizable facts as provided by W.S. 16-3-108(d).
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 24 - Health Care Cooperative Arrangements for Anti-Trust Exceptions › Section 35-24-109 - Limited Hearing on Application; Issues Identified Prior to Hearing; Procedure; Evidence; Decision.

35-24-109. Limited hearing on application; issues identified prior to hearing; procedure; evidence; decision.
(a) If a contested case hearing is not required pursuant to W.S. 35-24-107(b) and in lieu of W.S. 35-24-108, the director may prior to rendering a decision on any application, order a limited hearing. A copy of the order shall be mailed to the applicant and to all persons who have submitted comments or requested to be kept informed of the proceedings involving the application. The order shall state the date, time and location of the limited hearing and shall identify specific issues to be addressed at the limited hearing, which may include the feasibility and desirability of one (1) or more alternatives to the proposed arrangement. The order shall require the applicant to submit written evidence in the form of affidavits and supporting documents, addressing the issues identified within twenty (20) days after the date of the order. The order shall also state that any person may arrange to receive a copy of the written evidence from the director, at the person's expense, and may provide written comments on the evidence within forty (40) days after the date of the order. Any person providing written comments pursuant to this subsection shall provide a copy of the comments to the applicant.
(b) The limited hearing shall be held before the director or a department staff member designated by the director. The director or his designee shall question the applicant concerning the evidence submitted by the applicant. The questions may address relevant issues identified in the comments submitted in response to the written evidence or identified by the department of health staff or discovered through publicly available department of health data. At the conclusion of the applicant's responses to the questions, any person who submitted comments about the applicant's written evidence may make a statement addressing the applicant's responses to the questions. The director or his designee may ask questions of any person making a statement. At the conclusion of all statements, the applicant may make a closing statement.
(c) The director's decision after a limited hearing shall to the extent each is relevant, be based upon the application, the comments, the applicant's response to the comments, the applicant's written evidence, the comments in response to the written evidence and the information presented at the limited hearing. In making the decision, the director may rely on publicly available department of health data.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 24 - Health Care Cooperative Arrangements for Anti-Trust Exceptions › Section 35-24-110 - Contested Case Hearing on Application; Procedure Specified; Recommendations and Final Decisions.

35-24-110. Contested case hearing on application; procedure specified; recommendations and final decisions.
(a) If required by W.S. 35-24-107, the director shall order a contested case hearing. The director shall publish notice of the time, date and location of the hearing in a newspaper of general circulation at least a week prior to the hearing.
(b) The hearing shall be conducted in an impartial manner pursuant to the Wyoming Administrative Procedure Act, applicable provisions of the Wyoming Rules of Civil Procedure and any rules for the conduct of contested cases adopted by the director of the office of administrative hearings pursuant to W.S. 9-2-2203. The hearing shall be conducted by a hearing officer. All factual issues relevant to a decision shall be presented in the contested case. The attorney general may appear as a party. Additional aggrieved parties may appear to the extent permitted under W.S. 16-3-107. The record in the contested case includes the application, the comments, the applicant's response to the comments and any other evidence that is part of the record under the Wyoming Administrative Procedure Act.
(c) The director shall issue a final decision within thirty (30) days following receipt of recommendations of the hearing officer.
(d) All parties appearing in a contested case shall be provided a copy of the hearing officer's recommendation and the director's final decision.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 24 - Health Care Cooperative Arrangements for Anti-Trust Exceptions › Section 35-24-112 - Final Decision; Conditions for Approval; Findings; Ongoing Supervision and Reporting; Renewal Fees.

35-24-112. Final decision; conditions for approval; findings; ongoing supervision and reporting; renewal fees.
(a) The director shall issue a written decision approving or disapproving the application.
(b) The director may condition approval on a modification of all or part of the proposed arrangement to eliminate any restriction on competition that is not reasonably related to the goals of reducing cost or improving access or quality. The director may also establish conditions for approval that are reasonably necessary to protect against abuses of private economic power and to ensure that the arrangement is appropriately supervised and regulated by the state.
(c) The decision by the director approving or disapproving an application shall include specific findings of fact concerning cost, access and quality criteria and shall identify one (1) or more of these criteria as the basis for the decision.
(d) The decision to approve an application shall require periodic submission of specific data by the applicant relating to cost, access and quality and to the extent feasible, the applicant shall identify objective standards of cost, access and quality by which the success of the arrangement will be measured. If the director determines that the scope of a particular proposed arrangement is such that the arrangement is certain to have neither a positive or negative impact on any one (1) of the criteria, the director may not require the submission of data or establish an objective standard relating to that criteria. An applicant shall submit a renewal fee together with information required under this subsection, in an amount determined by the department subject to limitations imposed under W.S. 35-24-104(d). Revenues from fees collected shall be deposited into the account established under W.S. 35-24-104(d).
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 24 - Health Care Cooperative Arrangements for Anti-Trust Exceptions › Section 35-24-113 - Judicial Review.

35-24-113. Judicial review.
After the director has rendered a decision under W.S. 35-24-112 and in accordance with W.S. 16-3-114, the applicant or any other aggrieved party may request judicial review of the director's decision by filing a petition for review within thirty (30) days in accordance with the Wyoming Administrative Procedure Act. A determination under W.S. 35-24-107(a) shall not be raised as an issue on appeal.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 24 - Health Care Cooperative Arrangements for Anti-Trust Exceptions › Section 35-24-114 - Ongoing Supervision Following Application Approval; Procedures; Solicitation of Public Comment on Arrangement Impacts.

35-24-114. Ongoing supervision following application approval; procedures; solicitation of public comment on arrangement impacts.
(a) The director shall appropriately supervise, monitor and regulate approved arrangements consistent with subsection (b) of this section.
(b) The decision approving the application shall specify a time schedule for the submission of data by the applicant, which shall be at least once a year and shall identify the data required to be submitted. The director may at any time require the submission of additional data or alter the time schedule. Upon review of the data submitted, the director shall notify the applicant on compliance of the arrangement with the initial decision or subsequent orders. If the arrangement is not in compliance, the director shall identify those respects in which the arrangement does not conform to the decision.
(c) An applicant receiving notification that an arrangement is not in compliance may respond with additional data within thirty (30) days. The response may include a proposal and time schedule by which the applicant will bring the arrangement into compliance with the initial decision or subsequent orders. If the arrangement is not in compliance and the director and the applicant cannot agree to the terms of bringing the arrangement into compliance, the matter shall be set for hearing. The hearing shall be conducted as a contested case in the manner prescribed under W.S. 35-24-110. The hearing officer shall issue a written recommendation to the director who shall issue a final decision within thirty (30) days following issuance of the recommendation. A copy of the recommendation and final decision shall be provided to all parties to the contested case hearing. A final decision by the director is subject to judicial review in accordance with W.S. 16-3-114.
(d) The director shall publish notice two (2) years after the date the initial application is approved and at two (2) year intervals thereafter, soliciting comments from the public concerning the impact the arrangement has had on cost, access and quality. The director may request additional oral or written information from the applicant or from any other source.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 25 - Public Programs › Article 1 - Child Health Insurance Program › Section 35-25-101 - Uninsured Child Health Insurance Program.

35-25-101. Uninsured child health insurance program.
There is created a child health insurance program for families with a gross monthly income at or below one hundred eighty-five percent (185%) of the federal poverty level, until July 1, 2005, and thereafter, for families with a gross monthly income at or below two hundred percent (200%) of the federal poverty level.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 25 - Public Programs › Article 1 - Child Health Insurance Program › Section 35-25-102 - Definitions.

35-25-102. Definitions.
(a) As used in this act:
(i) "Child" means a person who has not yet reached the nineteenth anniversary of his birth;
(ii) "Department" means the department of health;
(iii) "Federal poverty level" means the federal poverty guideline updated annually in the federal register by the United States department of health and human services under the authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981;
(iv) "Private health insurance" means an individual insurance policy or contract for the purpose of paying for or reimbursing the cost of dental, hospital and medical care;
(v) "State plan" means the state plan required by 42 U.S.C. 1397aa et seq. to be submitted by the state to the United States secretary of health and human services to receive federal funding for a child health insurance program;
(vi) "This act" means W.S. 35-25-101 through 35-25-108.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 25 - Public Programs › Article 1 - Child Health Insurance Program › Section 35-25-103 - Child Health Insurance Program Eligibility; Services by Department or Private Health Insurance.

35-25-103. Child health insurance program eligibility; services by department or private health insurance.
(a) Subject to approval of the state plan by the United States secretary of health and human services, and subject to available state and federal funding the department shall provide a health insurance plan for an eligible child whose monthly gross family income is not more than two hundred percent (200%) of the federal poverty level. A child who is determined eligible to receive benefits under this section shall remain eligible for twelve (12) months as long as the child resides in the state of Wyoming and has not yet attained nineteen (19) years of age. A child's eligibility to receive benefits under this act shall be redetermined on an annual basis. A simplified application process, which includes minimum eligibility requirements, shall be provided throughout the state at various public and private establishments approved by the department of health. To be determined eligible to receive benefits under this section, a child shall not be eligible under the Wyoming Medical Assistance and Services Act, shall not have been covered under another health insurance plan for a minimum of one (1) month prior to application for coverage under this act or, upon birth, the child would not otherwise be covered by a public or private health insurance plan. Eligibility under this section shall be determined by the department of health or its designee.
(b) The child health insurance plan required by subsection (a) of this section shall be provided either through a private health insurance company licensed by the insurance commissioner to write insurance in Wyoming or by the department of health's division responsible for administering the Medicaid program. The department's division shall be used to provide the insurance plan only if it can provide the plan at a lower cost than can a qualified private insurance company or if use of the division will otherwise accrue more benefits to the state than will use of a private insurance company. If the child health insurance plan required by subsection (a) of this section is provided through the department's division, the department shall competitively procure the contract at least once every five (5) years. In awarding the contract the department shall compare the cost of operating the program through a private insurance company to a forecasted state administered alternative.
(c) A medical provider who accepts payment for services provided under this section shall not charge or attempt to collect payments in excess of a rate schedule established by the department or in excess of rates negotiated with a private health insurance company who is offering child health insurance pursuant to this act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 25 - Public Programs › Article 1 - Child Health Insurance Program › Section 35-25-104 - Program Benefits.

35-25-104. Program benefits.
(a) A child eligible for services under this act shall receive benefits developed by the department as allowed by 42 U.S.C. 1397cc et seq. and that include:
(i) Cost sharing factors, not to exceed the maximum allowable under 42 U.S.C. 1397aa et seq.;
(ii) Exclusions and limitations;
(iii) Inpatient and outpatient hospital services;
(iv) Physician services;
(v) Laboratory and x-ray services;
(vi) Well-baby and well-child care including age appropriate immunizations;
(vii) Prescription drug coverage;
(viii) Vision coverage;
(ix) Dental coverage including preventive and basic services; and
(x) Provision of all services through managed care pursuant to 42 U.S.C. 1397cc(f)(3). This paragraph shall be effective only if the child insurance program under this act is provided through a private insurance company licensed by the insurance commissioner to write insurance in Wyoming.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 25 - Public Programs › Article 1 - Child Health Insurance Program › Section 35-25-106 - Private Health Insurance Plan Request for Proposals.

35-25-106. Private health insurance plan request for proposals.
(a) If the child health insurance plan required by W.S. 35-25-103 is provided through a private health insurance company, the department shall issue a request for proposals from qualified insurers not less than once every five (5) years, in addition to the requirements set forth in W.S. 35-25-103(b). The department shall award the contract for this service to an insurer based on price, the provision of required services and other factors listed in the department's request for proposals. A contract for health insurance awarded under this section shall contain provisions with respect to exclusions from coverage for preexisting conditions that are no more restrictive than those described in 42 U.S.C. 1397bb(b)(1)(B)(ii). The contract shall include provisions for changes in terms and conditions and for rebidding in case major changes are needed. The department shall have the right to rebid the contract after two (2) years.
(b) Biennially, the department may allow a contractor providing child health insurance pursuant to subsection (a) of this section to adjust the price charged for the coverage, but if the price is increased, the department may, after public notice, rebid the contract or the department may administer the program pursuant to W.S. 35-25-103.
(c) Repealed by Laws 2020, ch. 10, 2.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 25 - Public Programs › Article 1 - Child Health Insurance Program › Section 35-25-107 - Program Expenditures; Monitoring; Recommendations; Required Action to Limit Expenditures to Budget Available.

35-25-107. Program expenditures; monitoring; recommendations; required action to limit expenditures to budget available.
(a) The department shall project monthly expenditures under this act each month through the end of the biennium based upon the level of activity for the previous months and the trend in expenditures compared to previous expenditures. If the projections indicate that expenditures may exceed the federal and state funds available under this act, the department, may, by rule and regulation and subject to availability of funds, limit participation in the program under this section as follows:
(i) The department may impose a partial or total moratorium on new enrollments in the programs under this act until funds are available to meet the needs of new enrollees;
(ii) For current recipients of benefits under this act, priority for the continuation of funding shall be given to those families with the lowest incomes.
(b) In the last six (6) months of the biennium, the department shall include a projection of expenditures for the next biennium based on the spending for the current biennium unless the legislature provides for a different level of funding for the next biennium.
(c) The funding for the child health insurance program shall be deemed to be included within the division of health care financing line item within the department of health budget unless a separate line item is provided in the budget bill. General fund expenditures for the child health program shall not exceed the amount needed to match federal funds without explicit authorization enacted in the budget bill.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 25 - Public Programs › Article 1 - Child Health Insurance Program › Section 35-25-108 - Implementation; Duties; Restrictions on the Department of Health.

35-25-108. Implementation; duties; restrictions on the department of health.
(a) The department shall:
(i) Administer this act within the fiscal constraints of 42 U.S.C. 1397aa et seq. and subsequent federal enactments governing this program and the state budget as enacted by the legislature;
(ii) Develop a state plan for child health insurance to qualified recipients under this act and otherwise provide for the effective administration of this act;
(iii) Maintain records on the administration of this act and report to the federal government as required by federal law and regulation;
(iv) Adopt, amend and rescind rules and regulations on the administration of this act following notice and public hearing in accordance with the Wyoming Administrative Procedure Act;
(v) Establish indicators for measuring access, process, quality and outcomes effectiveness in improving children's health.
(b) The department shall not implement:
(i) The program under this act until a state plan has been approved by the United States secretary of health and human services or, for any modified plan, until the modified plan has been approved if the modifications require the approval of the United States secretary of health and human services; and
(ii) Any state plan that does not conform to the requirements of this act.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 25 - Public Programs › Article 2 - Wyoming Cancer Control Act › Section 35-25-202 - Definitions.

35-25-202. Definitions.
(a) As used in this act:
(i) "CDC" means the federal center for disease prevention and control;
(ii) "County cancer resource coordinator program" means a program undertaken through a private organization, county hospital, hospital district hospital or city or county health department which provides local level education, outreach, patient navigation services, community planning and data collection in order to lessen the impact of cancer on Wyoming people;
(iii) "Department" means the department of health;
(iv) "Evidence based" means relying on scientifically valid evidence. Scientifically valid evidence relies on studies and experiments including systematic reviews of multiple randomized controlled trials or epidemiological studies, one (1) or more randomized controlled trials, one (1) or more epidemiological studies and the recommendations of nationally and internationally recognized groups of experts in the field;
(v) "Medicaid" means the joint federal and state program of health care financing for the poor authorized by Title XIX of the federal Social Security Act and title 42 of the Wyoming statutes;
(vi) "Statewide comprehensive cancer control steering committee" means a committee whose mission is defined by the 2006-2010 Wyoming cancer control plan and which provides advice and guidance to the Wyoming comprehensive cancer control program. The committee is a private entity whose members include government employees;
(vii) "This act" means W.S. 35-25-201 through 35-25-206.
2023 Wyoming Statutes › Title 35 - Public Health and Safety › Chapter 25 - Public Programs › Article 2 - Wyoming Cancer Control Act › Section 35-25-205 - Breast and Cervical Cancer Programs.

35-25-205. Breast and cervical cancer programs.
(a) The breast and cervical cancer program within the department is authorized to obtain private and federal grant funds and to seek appropriations for:
(i) Education, outreach and breast and cervical cancer screenings for those unable to afford them;
(ii) Continuation of the existing pilot outreach program for the medically underserved population in the Big Horn Basin and expansion of that program to other areas of the state; and
(iii) Implementation of the program known as the native sisters program for outreach to members of the Eastern Shoshone and Northern Arapaho tribes, provided that any grants or contracts entered into pursuant to this paragraph shall contain any restrictions necessary to comply with Article 16, Section 6 of the Wyoming Constitution.