reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0003 - Aging Division › Chapter 15 - ELECTRONIC MONITORING OF LONG-TERM CARE › Section 15-1 - Authority

Current through July 13, 2024
The Department of Health (Department) promulgates this
				  chapter pursuant to Wyoming Statutes
										9-2-1204,
				  35-1-240,
				  35-2-908,
				  35-2-1308(a),
				  and 35-4101.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0003 - Aging Division › Chapter 15 - ELECTRONIC MONITORING OF LONG-TERM CARE › Section 15-2 - Purpose and Applicability

Current through July 13, 2024
(a) This chapter implements the Long-term
				Care Electronic Monitoring Act, W.S. 352-1301 to -1308; and
(b) This chapter applies to electronic
				monitoring in assisted living facilities and nursing care facilities.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0003 - Aging Division › Chapter 15 - ELECTRONIC MONITORING OF LONG-TERM CARE › Section 15-3 - Definitions and Construction

Current through July 13, 2024
(a) The following definitions apply to this
				chapter:
(i) "Assisted living facility" means
				as defined in
				W.S.
				35-2-901(a)(xxii).
(ii) "Nursing care facility" means as defined
				in
				W.S.
				35-2-901(a)(xvi).
(iii) "Electronic Monitoring Device" means as
				defined in W.S.
				W.S.
				35-2-1308(a)(iv)
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0003 - Aging Division › Chapter 15 - ELECTRONIC MONITORING OF LONG-TERM CARE › Section 15-4 - Electronic Monitoring Grievances and Complaints

Current through July 13, 2024
(a) Each resident may submit a grievance to
				the facility or the Department related to the facility's actions regarding the
				resident's use of electronic monitoring equipment. This includes but is not
				limited to any refusal to permit monitoring or a denial of a request to change
				rooms or roommates if a roommate does not consent to use of electronic
				monitoring.
(b) Each resident must
				be informed in writing that they have a right to submit a grievance to the
				facility or the Department without discrimination or reprisal from the
				facility.
(c) The facility must
				provide each resident information on the process to submit a grievance, the
				requirements for the facility to respond, and the right of the resident to
				contact the Long-Term Care Ombudsman at any time, including if a grievance is
				not resolved to the satisfaction of the resident.
(d) The facility must attempt to resolve the
				resident's grievance and provide a written response to each grievance within 14
				business days.
(e) The facility
				shall identify a facility staff person who is responsible for receiving
				resident grievances and ensure compliance with these rules.
(f) The facility shall forward all unresolved
				grievances having to do with electronic monitoring to the Long-Term Care
				Ombudsman.
(g) The facility shall
				provide the resident with contact information, including telephone number and
				address, for the following:
(i) The individual
				identified in 4(e) above;
(ii) The
				Long-Term Care Ombudsman;
(iii)
				Protection & Advocacy System, Inc.;
(iv) The local office for Department of
				Family Services, Adult Protective Services;
(v) Wyoming's Medicaid Fraud Control Unit;
				and
(vi) The State Survey
				Agency.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0003 - Aging Division › Chapter 15 - ELECTRONIC MONITORING OF LONG-TERM CARE › Section 15-5 - Facility Use of a Recording from a Resident's Electronic Monitoring Device

Current through July 13, 2024
(a) Pursuant to
				W.S.
				35-2-1303(d), in the event
				the resident uses a copy of a recording made by a resident's electronic
				monitoring device in an administrative hearing, a facility may request a copy
				of that recording. This request must explain the reason for the request and be
				limited to a timeframe of the recording specific to the scope of any complaint
				made by the resident against the facility or facility employee. A resident has
				the right to refuse permission to provide access to the recording. A facility
				may not access any recording without written permission of a
				resident.
(b) Facilities requesting
				recordings from a resident must notify the Long-Term Care Ombudsman of the
				request and the reason for their request within one business day of the
				request. Facility must notify the Long-Term Care Ombudsman of receipt of any
				recording within one business day of receipt.
(c) Pursuant to
				W.S.
				35-2-1303(d), a facility may
				use a recording made by a resident's electronic monitoring device with the
				consent of the resident according to the following:
(i) If the facility is an assisted living
				facility to investigate a suspicion of:
(A)
				Abuse, neglect, or exploitation as required under
Rules, Department of
				Health, Aging Division,
chapter 12, § 7(i) (2020);
(B) A violation of resident rights
				established under
Rules, Department of Health, Aging Division,
chapter 12, § 7(c) (2020); or
(C) The resident not receiving care and
				services in accordance with the resident's needs as contemplated under
Rules, Department of Health, Aging Division,
chapter 12
				(2020).
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0003 - Aging Division › Chapter 15 - ELECTRONIC MONITORING OF LONG-TERM CARE › Section 15-6 - Facility Licensure

Current through July 13, 2024
A facility's compliance with this chapter is a condition of
				  the facility's licensure pursuant to
				  W.S.
				  35-2-908.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 1 - AUTHORITY AND REASON FOR RULES › Section 1-2 - Application of Rules

Current through July 13, 2024
The Director of the Department is required to "promulgate
				  reasonable rules and regulations, after consultation with the departmental
				  advisory council, in compliance with the Wyoming Administrative Procedure Act,
				  for the implementation of all state and federal public health, welfare,
				  rehabilitation, and mental health laws." [W.S.
				  9-2-106(a)(vii) ]. Pursuant
				  to that mandate, the following rules of general applicability to the Division
				  of Behavioral Health are hereby promulgated.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 1 - AUTHORITY AND REASON FOR RULES › Section 1-3 - Reasons for Adopting Rules of Procedure

Current through July 13, 2024
(a)W.S.
				9-2-101(d) created the
				Division of Community Programs within the Department of Health and Social
				Services. W.S. W.S.
				W.S.
				9-2-106(a)(iii) mandates
				that the Director of the Department prescribe by rule, order, or regulation the
				conditions under which monies are disbursed and administered by the Department.
				And W.S. W.S. 9-2-102(a) and
				(b) provide that the Division of Community
				Programs is responsible to establish minimum standards and approve policies and
				procedures for the establishment and operation of community based mental
				health, substance abuse, developmental disabilities, family violence and sexual
				assault services, and community services for troubled youth receiving state
				support or supported by state funds.
(b) The Department deems it essential that
				rules of procedure be adopted to:
(i)
				Establish criteria for selection of program provider's and for contracting with
				program provider's to receive state funds;
(ii) Provide a process through which a
				provider or agency may request and receive a fair hearing with respect to
				certification;
(iii) Provide a
				process through which clients or an agency or other interested persons may
				request and receive a fair hearing for actions or omissions by the provider
				that result in the denial, suspension, or termination of services or otherwise
				in the delivery or nondelivery of services, or that result in inadequate
				quality of services; and
(iv)
				Implement the legislative mandates to:
(A)
				Contract with service provider's as a condition precedent to receiving state
				funds;
(B) Approve policies and
				procedures for the establishment and operation of community based mental
				health, substance abuse, developmental disabilities, family violence and sexual
				assault services, and community services for troubled youth programs receiving
				state funds;
(C) Administer a state
				program to shelter victims of family violence and sexual assault, including
				making state grants based on a formula for state and local participation and
				contracting for and evaluating shelters for victims of family violence and
				sexual assault and their children;
(D) Contract for and evaluate shelters for
				troubled youth;
(E) Administer a
				state program of community alternatives for troubled youth, including making
				contracts to counties submitting plans which meet the guidelines established by
				the Division;
(F) Assist the local
				communities in organizing human service programs; and
(G) Protect the health, welfare, and
				well-being of the citizens in Wyoming who need community based mental health,
				substance abuse, developmental disabilities, and family violence and sexual
				assault services, and community services for troubled youth.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 1 - AUTHORITY AND REASON FOR RULES › Section 1-4 - Notice; Hearing Procedures; Decision by Department; Review and Appeal

Current through July 13, 2024
The Division shall comply with the Wyoming Administrative
				  Procedure Act,
				  W.S.
				  16-3-107 through
				  16-3-115 and with Rules of
				  Procedure before the Division with respect to giving notices, conducting
				  hearings, rendering decisions, and allowing for review of the decisions by the
				  district court and appeal from the district court decision to the Wyoming
				  Supreme Court.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 1 - AUTHORITY AND REASON FOR RULES › Section 1-5 - Confidentiality of Program Information

Current through July 13, 2024
No information shall be released by the Division in
				  contravention of applicable laws nor in contravention of the confidentiality
				  standards adopted by the Department.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 2 - DEFINITIONS, CONSTRUCTION, NOTICES, ETC › Section 2-2 - Rules of Construction

Current through July 13, 2024
The construction of these rules shall be as provided in
				  W.S.
				  8-1-103 where applicable and unless that
				  construction is plainly contrary to the intent of the legislature and the
				  Division.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 2 - DEFINITIONS, CONSTRUCTION, NOTICES, ETC › Section 2-3 - Notices and Communications

Current through July 13, 2024
(a) All
				applications, petitions, complaints, protests, and other written communications
				shall be addressed to the administrator, Division of Community Programs,
				Hathaway Building, Cheyenne, Wyoming 82002.
(b) All application, petitions, complaints,
				protests and other written communications shall be deemed to be received on the
				date they are actually delivered to the Administrator as documented by the
				stamped receipt date in the Division.
(c) Official notices required by law or by
				these rules to be served shall be served in person or by certified mail return
				receipt requested addressed to the last known address of the addressee. Service
				is deemed complete when the return receipt is received by the Division signed
				by the addressee or his agent and dated with the date of delivery.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 2 - DEFINITIONS, CONSTRUCTION, NOTICES, ETC › Section 2-4 - "Grandfather" Rights

Current through July 13, 2024
(a) All
				administrative actions by the Division, including standards and the designation
				of regions, which are in effect prior to fiscal year 1983 shall remain in
				effect for granting fiscal year 1984 contracts.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 3 - REGIONS OF SERVICE DELIVERY › Section 3-1 - Division of the State into Regions

Current through July 13, 2024
(a) The Division
				shall divide the state into regions for the maintenance, operation, and
				delivery of comprehensive community services. The Division shall take into
				consideration at least the following factors to establish realistic and
				appropriately defined geographic areas:
(i)
				Physical geographic characteristics and barriers;
(ii) Population base;
(iii) Service needs of population;
(iv) Presently existing services
				available;
(v) County or
				multi-county organization and support;
(vi) Accessibility to services;
(vii) Residential patterns;
(viii) Economic and social groupings;
				and
(ix) Available transportation
				systems.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 3 - REGIONS OF SERVICE DELIVERY › Section 3-2 - Other Proposed Revisions of Regions

Current through July 13, 2024
(a) Persons or
				programs who wish a revision of the existing regions of service delivery shall
				submit a request in writing to the Administrator. The request shall:
(i) Specify the proposed revision of
				boundaries of the region; and
(ii)
				Justify the reason for the proposed change in boundaries.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 4 - PURCHASE OF SERVICES AUTHORIZED › Section 4-1 - Services Delivery for Programs

Current through July 13, 2024
For the purposes of Chapters V, VI, and VII, the services
				  which the Division is authorized to purchase in each service area are:
(a) For services delivery for adult
				developmental programs:
(i) Vocational
				services; and
(ii) Residential
				services.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 4 - PURCHASE OF SERVICES AUTHORIZED › Section 4-2 - Legislative Approval

Current through July 13, 2024
The Division is not obligated to purchase services
				  enumerated in Section
				  1 of
				  this chapter if for any reason legislative appropriation is inadequate or the
				  authorized services are changed by the legislature.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 4 - PURCHASE OF SERVICES AUTHORIZED › Section 4-3 - Other Services

Current through July 13, 2024
Nothing in Section
				  1 or
				  2
				  should be construed as prohibiting the Division from purchasing other services
				  in accordance with State and Federal laws and rules.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 5 - APPLICATION FOR FUNDS › Section 5-1 - Application for Contract

Current through July 13, 2024
(a) Any public or
				private agency may apply to the Division for a contract to provide community
				human services.
(b) On or before
				the 15th day of March each year, commencing in the year 1984, the Division
				shall seek letters of intent to provide Division services except for community
				alternatives for troubled youth. These funds are not distributed on an
				application basis. (See Rules and Regulations, Division of Community Programs,
				Community Alternatives.) The publication of the notice shall include, at a
				minimum, currently certified program provider's and all persons who have
				notified the Division of an interest in providing one or more services required
				by the Division.
(c) Each program
				interested in applying for a contract shall submit to the Administrator a
				letter of intent which shall be signed by the chairman of the board of
				directors and by the director of the program. If the applicant has been or is
				currently certified by the Division, he shall give the date and the nature of
				the certification.
(d) Upon receipt
				of a letter of intent, the Administrator shall determine if the application is
				new, competing, or renewal in accordance with Division policies. The
				Administrator shall:
(i) Send the applicant
				the standard application form and a copy of the standards and rules prepared by
				the Division for the particular program for which application is
				made;
(ii) Advise the applicant of
				the selection procedure and methods of prioritizing programs that the Division
				intends to use;
(iii) If
				applicable, advise the applicant that although it has previously received
				funding, nevertheless it has not taken corrective action to a complaint about
				its delivery of services and that corrective action acceptable to the
				Administrator must be taken before it may be funded again; and
(iv) Inform the applicant of the date when
				the application form must be submitted to the Division.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 5 - APPLICATION FOR FUNDS › Section 5-2 - The Application

Current through July 13, 2024
(a) The application
				for funding a program shall contain at least the following information:
(i) The name, address, and telephone number
				of the applicant;
(ii) The names
				and addresses of the officers of the applicant;
(iii) The name and qualifications of the
				director or administrator of the program and of the staff of the
				program;
(iv) Location of
				applicants services within the region;
(v) A statement about the service regions for
				which the applicant seeks to receive funding: either an entire region or a
				portion of the region;
(vi) The
				location and description of the place or places where the program is, or is
				intended to be, given;
(vii) As
				assurance signed by the chairman of the board that:
(A) The program will provide written
				materials as outlined in the Division's on-site review forms to demonstrate
				compliance with the Division standards;
(B) The Division staff will be allowed to
				make on-site review of the program in accordance with the Division's procedures
				for on-site reviews; and
(C) The
				program will provide data on a regular basis as required by the Division and on
				forms prescribed by the Division.
(viii) A statement evidencing compliance with
				Wyoming laws and regulations pertaining to safety of building and
				operations;
(ix) A service delivery
				plan which shall include a description of:
(A) The program goals and
				objectives;
(B) The needs in the
				region and how the program proposes to meet those needs;
(C) The program services provided or proposed
				to be provided which shall be as set forth in Chapter IV of these
				rules;
(D) The strategy for
				providing the services; and
(E) The
				program's relationship to other human service programs in the region.
(x) The amount of funds requested
				for each service;
(xi) Whether or
				not local funds are available;
(xii) Whether the applicant has cooperative
				agreements with allied agencies;
(xiii) Any other supporting documentation the
				applicant wishes to submit; and
(xiv) An explanation of the fiscal management
				system which the applicant uses or plans to use and which shall be in
				accordance with generally accepted accounting practices.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 5 - APPLICATION FOR FUNDS › Section 5-3 - Application from Umbrella Services for Funding Programs

Current through July 13, 2024
(a)
				A public or private agency may apply for contract of Division programs as a
				segment of its overall services.
(b) An application by the umbrella agency for
				funding a service or services shall comply with Section
				2 of
				this chapter and shall meet the following conditions:
(i) The charter or bylaws of the agency show
				that at least one of its permissible services is a human service program as
				defined in
				W.S.
				35-1-613 -(a)(iv);
(ii) Each service requested to be funded by
				the Division is consistent with the charter or bylaws of the agency;
(iii) The funding received form the Division
				shall be maintained separate and apart from other funds of the
				agency;
(iv) The funding for each
				service area within the Division, that is, mental health, substance abuse,
				developmental disabilities, family violence and sexual abuse, or community
				services for troubled youth shall be kept separate and apart from all other
				Division funds;
(v) Each service
				area funded by the Division and operated by the agency shall be a distinct
				program within the overall services of the agency including specific
				description of services, job responsibilities, statistics, records, and
				bookkeeping, etc.; and
(vi) Each
				service area shall be subject to the rules and standards promulgated by the
				Division for that service.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 5 - APPLICATION FOR FUNDS › Section 5-4 - Funding of Existing Programs without Competition

Current through July 13, 2024
(a)
				Continued funding for currently funded programs without competition may be made
				if the following criteria are met by the Administrator without further review
				on the local level:
(i) The program's
				certification is current;
(ii) The
				Division has not received any complaints against the program which have not
				been resolved under the procedures provided in either Chapter X or Chapter XI
				of these rules;
(iii) The services
				to be provided are the same as delivered and provided in the immediately
				preceding certification period;
(iv) The provider supplies the Division with
				letters of support form the county commissioners in the region to be served by
				the program;
(v) If a private
				agency, it complies with the eligibility requirements of
				W.S.
				35-1-624; and
(vi) No other letters of intent to serve the
				region are received by the Administrator.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 5 - APPLICATION FOR FUNDS › Section 5-5 - Determining Completeness

Current through July 13, 2024
(a) Upon receipt of
				either a competitive or noncompetitive application, the Division shall have
				fifteen (15) working days to declare an application complete or incomplete.
(i) If an application is declared incomplete,
				a written request for the required information needed to complete the
				application will be made to the applicant. The Division shall have fifteen (15)
				working days to review the additional information and declare it complete or
				incomplete.
(ii) If the applicant
				feels that requests for additional information made by the Division are not
				justified, or are unreasonable, or if the Division fails to declare the
				application complete or incomplete within fifteen (15) days, they may request
				the Administrator render a decision on the completeness of the application. The
				Administrator's decision shall be considered final.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 6 - SELECTION OF PROVIDER'S › Section 6-1 - Selection of New provider's without Competition

Current through July 13, 2024
(a) The
				Administrator may approve the application within the budgetary limitations of
				the Division if:
(i) It is complete and
				satisfactorily complies with the applicable federal, state, and local laws and
				regulations and with the rules of the Division;
(ii) The applicant has the support of the
				board of county commissioners in the region; and
(iii) No other application has been received
				proposing to provide the same or similar services within the same
				region.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 6 - SELECTION OF PROVIDER'S › Section 6-2 - Screening Process upon Receipt of Competitive Applications for Funding

Current through July 13, 2024
(a) When the Division receives competing
				applications for funding, the Administrator shall study the applications and
				shall evaluate the eligibility of the programs based on the following criteria:
(i) Compliance with the applicable federal,
				state, and local laws, and the rules and standards which have been prepared by
				the Division;
(ii) Demonstrated
				service experience, performance, and ability to provide the proposed services
				to the target population in accordance with Division standards for each service
				area as outlined in Chapter IV of these rules including a demonstration of the
				following:
(A) Management structure including
				capable and adequate staffing;
(B)
				Oversight by the board of directors which board will be representative of the
				region and capable and willing to oversee the services and participate in the
				program;
(C) An effective fiscal
				management policy exists with respect to:
(I)
				Budget;
(II) Audit
				procedure;
(III) Fee schedule;
				and
(IV) Cost effectiveness;
				and
(D) Facilities
				available in which to deliver the services; and
(iii) Adequacy of service delivery plan
				including:
(A) A feasible and cost effective
				approach to service delivery.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 6 - SELECTION OF PROVIDER'S › Section 6-3 - Recommendation on Competing Applicants by Board of County Commissioners

Current through July 13, 2024
(a) If the Administrator finds that two ( 2)
				or more of the applicants meet the criteria set out in Subsection (a) of
				Section
				2, he
				shall request that a select committee be appointed immediately as provided in
				Section
				4 of
				this chapter to study the Administrators evaluation and to recommend to the
				Administrator which provider can best and most efficiently serve the
				community.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 6 - SELECTION OF PROVIDER'S › Section 6-4 - Same

Current through July 13, 2024
Select Committee to Make Recommendations.
(a) Members of the select committee shall
				have no vested or competitive interest in the program or services proposed by
				the applicants.
(b) Members of the
				select committee shall be appointed as follows:
(i) In a single county region, the
				Administrator shall request the board of county commissioners to appoint three
				(3) members who are residents of the county where the proposed services are to
				be performed; and
(ii) In a
				multi-county region, the Administrator shall request each board of county
				commissioners to appoint one (1) person from each county. If an even number of
				persons results from those appointments, the Division shall choose an
				additional committee member from the region.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 6 - SELECTION OF PROVIDER'S › Section 6-5 - Notice of Review

Current through July 13, 2024
(a) At the
				beginning of the review by the select committee, the Division will provide
				written notification to affected persons, including the public who are to be
				served by the community program.
(b) Notices will be published in one (1)
				newspaper of general circulation in the area of the competing application. Such
				notice will provide the proposed review schedule and the procedure to
				interested parties to submit written comments.
(c) Notices shall include notice of the
				public meeting to be held by the select committee, and such notice be provided
				a minimum of ten (10) days before the date of the hearing. The notice shall
				include:
(i) The time, place, and nature of
				the meeting.
(ii) The legal
				authority and jurisdiction under which the meeting is to be held.
(iii) The particular sections of the statutes
				and rules involved.
(iv) A short
				and concise statement of the nature of the applications being
				reviewed.
(v) Procedure for
				participation by the public.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 6 - SELECTION OF PROVIDER'S › Section 6-6 - Procedure for Review by the Select Committee

Current through July 13, 2024
(a) A public
				meeting shall be held on all applications for the same funds. The meeting shall
				be conducted by the select committee.
(b) The Division shall publish notice of the
				meeting as outlined in Chapter VI, Section
				6.
(c) The public meeting shall be
				held in the area affected.
(d) The
				Division shall notify, at a minimum, the following affected parties by
				certified mail of the public meeting:
(i) The
				presidents of the boards of directors of the competing applicants;
				and
(ii) Other organizations
				determined on an individual basis by the Division.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 6 - SELECTION OF PROVIDER'S › Section 6-7 - Order of Procedure at the Meeting

Current through July 13, 2024
(a) The meeting
				shall be conducted in accordance with the following order of procedure:
(i) The chairperson of the select committee
				shall announce that the select committee has convened, introduce the committee
				members, and announce by the names of the organizations of the applications to
				be considered.
(ii) Each applicant
				will be allowed an opening statement to explain and outline the project to the
				select committee.
(iii) The select
				committee shall have the opportunity to question the applicants on information
				presented in the application and on information presented during the opening
				statement.
(iv) Other interested
				parties present will each be allowed to make a statement to the select
				committee regarding any of the competing applications.
(A) Parties making statements at the meeting
				shall be asked to register prior to the time set for taking public testimony.
				Such registration should include the name, address, and interest being
				represented by the person offering testimony.
(B) Persons who have not registered in
				accordance with Section
				7(a)(4)(A) desiring to make
				a statement to the select committee shall identify themselves to the
				chairperson by name, address, and interest they represent.
(C) The chairperson shall announce this
				requirement both at the opening of the public meeting and immediately preceding
				the taking of testimony as provided in paragraph (iv) of this subsection. A
				written notice of this requirement shall be posted at the time and place set
				for hearing.
(v) The
				select committee shall have the opportunity to question each party making a
				statement.
(vi) Time for
				presentation of oral testimony and the questioning of the applicant and other
				parties may be limited by the chairperson.
(vii) Written statements regarding the
				applications:
(A) May be submitted to the
				Division at any time during the review period or to the chairperson of the
				select committee at the time of the meeting and shall be marked as to the date
				received and made a part of the record.
(B) Should be addressed to the Administrator
				of the Division of Community Programs, Department of Health and Social
				Services, Hathaway Building, Cheyenne, Wyoming 82002.
(viii) Each applicant shall be allowed to
				make a closing statement to the select committee.
(ix) The chairperson shall then call for
				discussion of the applications and development of findings with respect to the
				applications.
(x) Following the
				discussion, the chairperson shall call for the vote on the motion of which
				applicant to recommend to the Administrator for funding.
(A) Each committee member shall have one (1)
				vote.
(B) To pass, a motion must
				have a majority vote.
(xi) All meetings conducted by the select
				committee or Division shall be recorded by a competent reporter or by tape
				recorder.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 6 - SELECTION OF PROVIDER'S › Section 6-8 - Review Criteria

Current through July 13, 2024
(a) An organization
				currently under contract by the Division to provide services shall be granted a
				preference in the subsequent fiscal year to have the contract renewed over
				other organizations applying for the same contract unless the select committee
				following a public hearing determines that the organization is no longer
				entitled to a preference because of any one of the following reasons:
(i) Lack of community support from other
				human service agencies both state and local, and the public in the service
				area.
(ii) Failure to provide
				acceptable services within the region.
(iii) Failure to provide services in a cost
				effective manner.
(iv) Failure to
				hire qualified staff.
(v) Failure
				to provide adequate board and administrative oversight of the
				program.
(vi) Misuse of
				funds.
(vii) Other reasons relating
				to the effectiveness of the services provided by the program and in the opinion
				of the committee affecting the care and well being of clients. The select
				committee shall outline such reasons in the findings of the committee submitted
				to the Administrator.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 6 - SELECTION OF PROVIDER'S › Section 6-9 - Same

Current through July 13, 2024
Final Selection between Competing Applications.
(a) Upon receipt of the recommendation of the
				select committee, the Administrator shall select the recommended applicant to
				receive funding unless:
(i) The Administrator
				receives information that the procedures in Sections
				3,
				4,
				5,
				6,
				7,
				and
				8 of
				this chapter were not followed by the county commissioners and the select
				committee.
(ii) The Administrator
				receives information that the select committee failed to give preference to an
				existing provider in accordance with the provision in Section
				8.
(iii) The select committee fails
				to provide the administrator with written findings for not granting preference
				to an existing provider.
(iv) The
				Administrator receives information that the recommended applicant would not be
				able to provide acceptable services as required for the purpose of the contract
				or if misuse of state funds is found. In such cases, the Administrator shall
				not contract with the applicant recommended by the select committee.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 7 - THE CONTRACT FOR FUNDED SERVICES › Section 7-1 - Contract to Purchase Services

Current through July 13, 2024
(a) The
				Administrator may proceed to prepare a contract to purchase human services
				when:
(i) The application for funding is
				complete and satisfactorily complies with the applicable federal, state, and
				local laws and regulations, and the rules of the Division; and
(ii) The eligibility and selection of the
				provider of the services has been finally determined by the
				Administrator.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 7 - THE CONTRACT FOR FUNDED SERVICES › Section 7-3 - Termination of the Contract

Current through July 13, 2024
(a) In order to
				terminate a contract with a provider, the Administrator must notify the
				president or chairman of the board of directors of the program by certified
				mail that the Division has determined that the program is not meeting the terms
				of the contract with the Division. This notification shall be in the form of a
				formal complaint against the program. The complaint will be handled in
				accordance with Chapter XI of these rules. A program which has had its
				certification revoked in accordance with the provisions of Chapter VIII of
				these rules is not entitled to a hearing on termination of the
				contract.
(b) If at any time the
				Administrator finds that the health and safety of clients are in imminent
				danger, the Administrator shall immediately make arrangements to place the
				clients in a safe setting and terminate all funding to the program until a
				hearing can be held.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 8 - CERTIFICATION OF PROGRAMS › Section 8-1 - Certification Procedure

Current through July 13, 2024
(a) The Division
				shall promulgate standards for each service purchased by the
				Division.
(b) All programs
				receiving funds from the Division shall request regular certification and
				recertification in accordance with these rules in order to continue to receive
				funding from the Division.
(c) Any
				program providing human services to the public without state funds may request
				certification and recertification by the Division in accordance with these
				rules.
(d) Certification and
				recertification shall be in accordance with the time line established by the
				Administrator. The Administrator shall schedule the certification of Division
				programs on a regular basis.
(e)
				Each program desiring recertification from the Division shall submit a request
				for recertification not less than thirty (30) days prior to the end of the
				current certification.
(f) Upon
				receipt of a request for recertification, the Administrator shall make or cause
				to be made a review of program documents which demonstrate compliance with the
				standards and make or cause to be made one or more on-site inspections of the
				program. Based upon the information on hand and the result of the on-site
				inspection, the Administrator shall certify the program if:
(i) The program meets the standards prepared
				by the Division for the particular area of services;
(ii) The program complies with the applicable
				federal, state, and local laws and rules of the Division;
(iii) No complaints have been filed against
				the program which have not been resolved as provided in either Chapter X or XI
				of these rules.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 8 - CERTIFICATION OF PROGRAMS › Section 8-2 - Waiver of Standards or Regulations

Current through July 13, 2024
(a) The board
				chairman of the program may request the Administrator to waive a particular
				regulation or standard if at the time of the initial application for
				certification or at any other time, the program finds that a particular
				regulation or standard does not apply to it because it is not compatible with
				the manner in which the program functions to provide services. The request
				shall be in writing and shall give the following information:
(i) The particular regulation or standard
				that is incompatible with the program functions and why it is
				incompatible;
(ii) All operational
				systems which function to meet the intent or purposes of the regulation or
				standard; and
(iii) Documentation
				that the waiver of the regulation or standard, if granted, will not diminish
				the quality of services given by the program.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 8 - CERTIFICATION OF PROGRAMS › Section 8-3 - Abandonment of Services

Current through July 13, 2024
(a) No program
				provider shall discontinue services or change its services under the
				certification without first obtaining approval from the Administrator. Approval
				may be obtained only upon the filing with the Administrator a petition setting
				forth the reasons for discontinuance or change of services.
(b) Any discontinuance of services for
				reasons other than those over which the provider has no control shall be
				limited to a reasonable period of time. If the discontinuance is beyond a
				reasonable period of time or is permanent, the Administrator shall revoke the
				certification of the provider.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 8 - CERTIFICATION OF PROGRAMS › Section 8-4 - Monitoring Programs

Current through July 13, 2024
(a) After a program
				has been certified, the Division shall monitor the program to assure its
				compliance with its certification and with all the applicable federal, state,
				and local laws, and the rules and standards of the Division. As an element of
				the monitoring process, the Division shall make on-site inspections and
				evaluations based on these rules. The monitoring process may include also
				examination of reports received from or about the provider, on-site
				examinations, discussions with the board or boards of county commissioners of
				the county or counties where the services are provided, discussion with allied
				agencies, public meetings, and recourse to any other pertinent and reliable
				sources of information concerning the provider and its services.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 8 - CERTIFICATION OF PROGRAMS › Section 8-5 - Investigation for Noncompliance

Current through July 13, 2024
(a) The Division
				may investigate the program as provided in Chapter X of these rules, on its own
				initiative or upon receipt of a complaint against a provider filed with the
				Department or with the Division for noncompliance with any applicable federal,
				state, or local laws, the Division contract with the program, or the rules of
				the Division or the standards developed for the particular program
				area.
(b) If the Division
				determines that the program is not in substantial compliance with the
				applicable federal, state, or local laws, the rules of the Division, the
				standards developed for the particular program area, or the contract with the
				Division, it shall give the board president notice of noncompliance. The
				parties shall then proceed as provided in Section
				6 of
				this chapter.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 8 - CERTIFICATION OF PROGRAMS › Section 8-6 - Plan for Compliance

Current through July 13, 2024
(a) Within thirty
				(30) days after receipt of the notice of noncompliance as provided in Section
				5(b) of this chapter, the
				board president shall submit to the Administrator written data and a plan and
				schedule for achieving full compliance with respect to the matter not in
				compliance. The Administrator shall review the programs data, plan, and
				schedule and shall:
(i) Approved the proposed
				plan and schedule; or
(ii) Approve
				a plan and schedule as modified by the Administrator; or
(iii) Disapprove the plan and schedule and
				revoke or suspend the prior certification of the program pursuant to Section
				7 of
				this chapter.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 8 - CERTIFICATION OF PROGRAMS › Section 8-7 - Suspension or Revocation of Certification

Current through July 13, 2024
(a) The Division
				may suspend or revoke a program's certification after its monitoring and
				investigation proceedings and after:
(i) It
				makes written findings of fact that the program has failed to comply with any
				applicable federal, state, or local laws, the rules of the Division, or the
				Division standards developed for the particular program area;
(ii) It gives the program notice of
				noncompliance and opportunity for hearing as outlined in Chapter IX;
				and
(iii) It serve the program
				director with the Order of Suspension or of Revocation of
				Certification.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 9 - PROTEST PROCEDURE › Section 9-1 - Protestant Hearings

Current through July 13, 2024
(a) A program has
				the right to file a written protest with the Division within fourteen ( 14)
				working days after the receipt of the Order of Denial, of Suspension, or
				Revocation of Certification. The form of the protest shall be as provided in
				Chapter X, Section
				1 of
				these rules. The protest may include a petition for a hearing before the
				Division. It shall set forth the reasons why the protestant believes the
				Division's order was contrary to law or the Division's standards or rules, or
				that it was arbitrary or capricious or not supported by the facts.
(b) If the protest includes a petition for a
				hearing before the Division, the procedure for hearings in contested cases in
				Chapter XI of these rules shall be followed except where it is inapplicable to
				protests against Division orders or rulings.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 9 - PROTEST PROCEDURE › Section 9-2 - Services Continued and Assessment of Costs

Current through July 13, 2024
(a) Services shall
				continue at the existing level until the matter is reconciled or a fair hearing
				is held unless the Administrator has found that an emergency exists as
				described in Chapter VIII, Section
				7.
(b) If an emergency exists as
				described in Chapter VIII, Section
				7,
				funds may be immediately terminated to the program. The Division is not
				responsible for payment of contract funds during the period between emergency
				termination and a hearing.