reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 1 - REPORTABLE DISEASES CONDITIONS - PHARMACIST REPORTING › Section 1-10 - Public Health Action

Current through July 13, 2024
Upon receipt of a report or notice of a listed reportable
				  disease or condition case within a respective jurisdiction, a Health Officer
				  may take any or all of the following actions:
(a) If examination has not been performed,
				may provide for the examination of the infected individual(s) or the
				individual(s) reasonably suspected of suffering from a listed reportable
				disease or condition and shall report the examination results to the
				individual(s);
(b) May require the
				infected individual(s) to seek adequate medical assistance for treatment of
				said infection either privately or if necessary at public expense;
(c) To the extent possible, provide for
				and/or arrange for the education and counseling of the infected individual(s)
				and/or their partner(s) as to the medical significance of the listed reportable
				disease or condition;
(d) To the
				extent possible, identify, locate and refer the individual(s) with whom the
				infected individual(s) may have had contact for medical evaluation and
				treatment if necessary;
(e) Shall
				follow procedures (a) through (d) (Section
				10 )
				above with any individual(s) with whom the infected individual(s) may have had
				contact.
(f) May isolate the
				individual(s) when that individual(s) fails to comply with medical
				recommendations pertaining to an infection with or exposure to a dangerous or
				life-threatening reportable disease or condition.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 1 - REPORTABLE DISEASES CONDITIONS - PHARMACIST REPORTING › Section 1-11 - Public Health Notification

Current through July 13, 2024
(a) To the extent
				possible, the Health Officer shall make every reasonable effort to locate and
				notify any individual identified as having been exposed to a listed reportable
				disease or condition within the prescribed public health standard for critical
				dates of exposure.
(b) Notification
				may include:
(i) The name of the listed
				reportable disease or condition to which the individual may have been
				exposed;
(ii) The approximate date
				of exposure;
(iii) The nature of
				the disease (method of transmission, effects of the disease or condition,
				etc.);
(iv) The available sources
				for education and counseling as to the medical significance of the disease or
				condition;
(v) A recommendation to
				the individual about seeking medical assistance to determine if he or she is
				infected and obtaining treatment for known or suspected infection if
				necessary.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 1 - REPORTABLE DISEASES CONDITIONS - PHARMACIST REPORTING › Section 1-12 - Individuals Under Eighteen

Current through July 13, 2024
Individuals under eighteen years of age may give legal
				  consent for examination and treatment for any listed reportable disease or
				  condition, without the consent of parents or guardians.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 1 - REPORTABLE DISEASES CONDITIONS - PHARMACIST REPORTING › Section 1-13 - Health Officer or Authorized Designee Action

Current through July 13, 2024
The health officer shall take any or all of the following
				  steps:
(a) Determine whether a prisoner
				or other confined individual is at risk for a listed report-able disease or
				condition based on the individuals record and/or personal interview.
(b) Isolate prisoner(s) or other confined
				individuals with treatable listed reportable diseases or conditions within the
				facility to prevent the spread of infection until the individual is
				cured.
(c) Provide prisoner(s) or
				other confined individuals infected with a curable listed report-able disease
				or condition with the minimum medical care and treatment to affect a
				cure.
(d) In the case of an
				individual(s) infected with an incurable listed reportable disease or
				condition, provide for the minimum care and treatment of the
				individual(s).
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 1 - REPORTABLE DISEASES CONDITIONS - PHARMACIST REPORTING › Section 1-14 - Care and Treatment

Current through July 13, 2024
Minimum care and treatment for incurable listed reportable
				  diseases and conditions requires that a prisoner or other confined individual
				  shall be afforded equal provision of services available to any other member of
				  the confined population.
(a) The
				facility shall furnish or arrange for the provision of minimum medical care
				and/or medication pursuant to current medical practice in response to the
				specific disease.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 1 - REPORTABLE DISEASES CONDITIONS - PHARMACIST REPORTING › Section 1-15 - Interference with Judiciary Action

Current through July 13, 2024
These Rules and Regulations shall not be construed to
				  interfere with the service of any sentence or other judicial
				  action.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 11 - REPORTABLE DISEASES AND CONDITIONS › Section 11-1 - Authority

Current through July 13, 2024
Pursuant to
				  W.S.
				  33-24-155 the Wyoming Department of Health is
				  authorized to make rules and regulations pertaining to reports required to the
				  State Health Officer. The Wyoming Department of Health is generally authorized
				  pursuant to W.S. W.S.
				  W.S.
				  35-1-229 to adopt rules as necessary to
				  enforce reportable disease and condition reporting.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 11 - REPORTABLE DISEASES AND CONDITIONS › Section 11-2 - Purpose and Applicability

Current through July 13, 2024
(a) This chapter
				shall apply to and govern Pharmacist Reporting. This Chapter shall become
				effective upon final filing with the Secretary of State's office.
(b) The Department may issue Manuals,
				Bulletins , or both, to interpret the provisions of this Chapter. Such Manuals
				and Bulletins shall be consistent with and reflect the policies contained in
				this Chapter. The provisions contained in Manuals or Bulletins shall be
				subordinate to the provisions of this Chapter.
(c) The incorporation by reference of any
				external standard is intended to be the incorporation of that standard as it is
				in effect on the effective date of this Chapter.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 11 - REPORTABLE DISEASES AND CONDITIONS › Section 11-3 - Definitions

Current through July 13, 2024
The following definitions shall apply in the interpretation
				  and enforcement of these rules. Where the context in which words are used in
				  these rules indicates that such is the intent, words in the singular number
				  shall include the plural and vice versa. Throughout these rules gender pronouns
				  are used interchangeably except where the context dictates otherwise. The
				  drafters have attempted to utilize each gender pronoun in equal numbers in
				  random distribution. Words in each gender shall include individuals of the
				  other gender.
(a) "Public health
				emergency" means an occurrence or imminent threat of an illness or health
				condition caused by an epidemic or pandemic disease, a novel and highly fatal
				infectious agent or a biological toxin that poses a substantial risk of a
				significant number of human fatalities or incidents of permanent or long-term
				disability. The governor shall declare when a public health emergency exists or
				has ended.
(b) "Confidential" means
				the restriction of information and records relating to a known or suspected
				case of a reportable disease or condition which has been reported, acquired,
				and maintained under
				W.S.
				35-4-107 and
				35-4-108, unless otherwise
				required by law.
(c) "Designee" is
				an individual appointed by the Health Officer and conducting official business
				for and on behalf of the Wyoming Department of Health, a County, City or
				District Health Office.
(d) "Health
				Officer" is the physician or authorized designee selected by the appointing
				authority for a specific jurisdiction: state, county, and/or city.
(e) "Pharmacist" means any individual
				licensed and registered with the State Board of Pharmacy.
(f) "Infectious" is the capacity to rapidly
				spread infection to other individuals.
(g) "Reportable Disease" is a disease and/or
				condition designated as nationally notifiable by the Centers for Disease
				Control and Prevention, as well as additional diseases and conditions
				considered notifiable by the Wyoming Medical and Public Health
				Community.
(h) "Treatment" is the
				actual passing or prescribing of medcations or a schedule of health care
				procedures established by current medical standards to effect a cure for a
				disease or in the case of incurable reportable diseases or conditions, enhance
				and/or sustain the patient's life expectancy.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 11 - REPORTABLE DISEASES AND CONDITIONS › Section 11-4 - Confidentiality of Information

Current through July 13, 2024
(a) All records
				pertaining to reportable diseases and conditions are confidential and except as
				otherwise required by law shall not be disclosed unless the disclosure:
(i) Is for statistical purposes and the
				information is released in a manner that does not reveal personal identifiers;
				or
(ii) Is necessary for the
				exclusive administration and enforcement of these rules and regulations and/or
				Wyoming state statutes; or
(iii) Is
				preceded by the written consent of the infected individual
specifying where the information shall be sent; or
(iv) Is pursuant to a civil action
				for negligent or intentional infection of or exposure to a listed reportable
				disease or condition; or
(v) Is
				pursuant to a criminal prosecution for the criminal infection of or exposure to
				a listed reportable disease or condition.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 11 - REPORTABLE DISEASES AND CONDITIONS › Section 11-6 - Reporting Required

Current through July 13, 2024
(a) Any pharmacist
				in Wyoming has an independent duty to report the occurrence of unusual trends
				that the pharmacist has reason to believe might be related to a public health
				emergency, including:
(i) pharmacy
				visits,
(ii) any type of
				prescription filled, or
(iii)
				nonprescription medication sales.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 11 - REPORTABLE DISEASES AND CONDITIONS › Section 11-7 - Reporting Procedures/Methods

Current through July 13, 2024
(a) Within 24 hours
				of identification of an unusual trend, the pharmacist must report or cause a
				report to be made using an official State Disease Case Reportor equivalent
				format, a report via telephone, or a report via secured fax.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 11 - REPORTABLE DISEASES AND CONDITIONS › Section 11-8 - Submission of Reports

Current through July 13, 2024
All listed reports made by the pharmacist shall be forwarded
				  to:
Wyoming Department of Health
Epidemiology Section
Hathaway Building, 4th Floor
Cheyenne, Wyoming 82002
All written reports mailed utilizing a mail carrier shall be
				  in an envelope marked
"CONFIDENTIAL"
.
Reports may also be forwarded by fax or phone to:
Fax: (307) 777-5573
Phone: (307) 777-3593
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 11 - REPORTABLE DISEASES AND CONDITIONS › Section 11-10 - Public Health Action

Current through July 13, 2024
Upon receipt of a report or notice of an unusual pharmacy
				  trend within a respective jurisdiction, a Health Officer may take any or all of
				  the following actions:
(a) Notify
				other health care providers in the respective jurisdiction of possible public
				health emergency through blast fax or other means.
(b) If individual information is known,
(i) May require the infected individual(s) to
				seek adequate medical assistance for treatment of said infection either
				privately or if necessary at public expense;
(ii) To the extent possible, identify, locate
				and refer the individual(s) with whom the infected individual may have had
				contact for medical evaluation and treatment if necessary.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 11 - REPORTABLE DISEASES AND CONDITIONS › Section 11-11 - Individuals Under Eighteen

Current through July 13, 2024
Individuals under eighteen years of age may give legal
				  consent for examination and treatment for any listed reportable disease or
				  condition, without the consent of parents or guardians.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 15 - GENERAL PROVISIONS › Section 15-1 - Statutory Authority

Current through July 13, 2024
This chapter is promulgated by the Wyoming Department of
				  Health pursuant to various provisions of the 2007 General Session, Senate
				  Enrolled Act (SEA) 92, to be codified as
				  W.S.
				  35-25-204, which authorizes the Department to
				  establish the Wyoming Colorectal Cancer Early Detection Program
				  (WCCEDP).
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 15 - GENERAL PROVISIONS › Section 15-2 - Purpose and Applicability

Current through July 13, 2024
(a) To provide the
				WCCEDP the authority to issue vouchers for colonoscopies to eligible Wyoming
				residents who are at or below 250% of the Federal Poverty Level.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 15 - GENERAL PROVISIONS › Section 15-3 - General Provisions

Current through July 13, 2024
(a) These rules
				shall provide for the following:
(i) Case
				management services to Wyoming men and women enrolled in the WCCEDP;
(ii) Collection of data pertaining to the
				colonoscopies performed through the WCCEDP; and
(iii) Public education and clinical outreach
				to educate Wyoming men, women, and providers about colorectal cancer and
				evidence-based screening guidelines, as well as promote the WCCEDP.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 15 - GENERAL PROVISIONS › Section 15-4 - Definitions

Current through July 13, 2024
The following definitions shall apply in the interpretation
				  and enforcement of these rules. Where the context in which words are used in
				  these rules indicates such is the intent, words in the singular number shall
				  include the plural and vice versa. Throughout these rules gender pronouns are
				  used interchangeably. The drafters have attempted to utilize each gender
				  pronoun in equal numbers, in random distribution. Words in each gender include
				  individuals of the other gender. For the purpose of the rules, the following
				  shall apply:
(a) "Adverse Event" is an
				injury or complication resulting from the colonoscopy procedure.
(b) "Colonoscopy" is an endoscopic medical
				procedure that uses a long, flexible, lighted tubular instrument called a
colonoscope
to
				view the rectum and the entire inner lining of the colon (large
				intestine).
(c) "Department" means
				the Wyoming Department of Health, its agent, designee, or successor.
(d) "Enrollment Start-Date" is the date the
				application is approved by the WCCEDP enrollment specialist.
(e) "Federal Poverty Level" means the set
				minimum amount of income that a family needs for food, clothing,
				transportation, shelter and other necessities. In the United States, this level
				is determined by the United States Department of Health and Human
				Services.
(f) "Team Member" refers
				to the Enrollment Specialist, Nurse Manager, or Program Manager for the Wyoming
				Colorectal Cancer Early Detection Program.
(g) "Wyoming Board of Medicine" is the board
				that serves and protects the public through licensing and disciplining
				physicians and physician assistants under the authority of the Medical Practice
				Act.
(h) "WCCEDP-approved CPT code
				list" refers to a code list created by the WCCEDP which identifies various
				colonoscopy-related codes which are reimbursable by the program. The list will
				be posted on the program website and accessible to all providers.
(i) "Wyoming Medical Assistance and Services
				Act" refers to
				W.S.
				42-4-101 et seq.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 16 - PROGRAM APPLICANT ELIGIBILITY & ENROLLMENT REQUIREMENTS › Section 16-1 - Statement of Purpose

Current through July 13, 2024
These rules and regulations are adopted to establish
				  eligibility and enrollment guidelines of program applicants for the WCCEDP
				  benefits.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 16 - PROGRAM APPLICANT ELIGIBILITY & ENROLLMENT REQUIREMENTS › Section 16-2 - Eligibility Guidelines

Current through July 13, 2024
An applicant must meet each criteria in the following five
				  categories to be eligible for benefits: residency, age, income, and program
				  provider participation. Additionally, a completed and signed application must
				  be submitted to the WCCEDP for approval. The following eligibility criteria
				  must be met before an application may be approved for enrollment:
(a) Applicant must have been a resident of
				the State of Wyoming for at least one (1) year prior to making application
				under the program. Applicant must provide proof of residence by presenting a
				valid Wyoming driver's license, or an identification card issued under Title 31
				of the Wyoming Statutes. Applicant shall swear to an oath of residency when
				completing the application for enrollment;
(b) Applicant must be age 50 or over, and not
				eligible for the federal Medicare program;
(c) Applicant must be at or below 250% of the
				Federal Poverty Level (as evidenced by most previous year's W-2 Wage and Tax
				Statement);
(d) Applicant must be a
				patient of a clinic or hospital participating in the WCCEDP; and
(e) Upon approval of application for
				enrollment, Applicant will be eligible for one (1) colonoscopy every ten (10)
				years, counting any colonoscopy completed before July 1, 2007, or before the
				applicant became a Wyoming resident.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 16 - PROGRAM APPLICANT ELIGIBILITY & ENROLLMENT REQUIREMENTS › Section 16-3 - Enrollment Guidelines

Current through July 13, 2024
(a) Payment for
				Colonoscopies Performed Prior to Enrollment Approval. There will be no
				reimbursement to providers for colonoscopies performed prior to the date the
				applicant obtains WCCEDP approval. The applicant/patient assumes all
				responsibility for any costs relating to procedures performed prior to the
				Enrollment Start Date.
(b)
				Enrollment Period. A client who is enrolled in the WCCEDP will remain in the
				program until they are eligible for Medicare at age 65, or until proper
				insurance coverage and financial resources become available to the client. If a
				client does not obtain a screen within three (3) months of initial enrollment
				approval, he/she will be notified in writing that enrollment approval may be
				terminated if screening is not obtained within the next ninety (90) calendar
				days. If provider capacity is insufficient at the time of enrollment approval,
				an extension may be given at the Department's sole discretion.
(c) Decision-Making Process. Upon receipt of
				an application, it will be reviewed and approved or denied by a minimum of two
				WCCEDP team members. If a decision is complex and cannot be determined by the
				team members, the case may be referred to the Program Manager for an enrollment
				decision. If a decision still cannot be made, the State Health Officer may
				assist in making enrollment decisions.
(d) Notification to Applicants of Approval or
				Denial. Eligibility is not determined online or over the telephone. Applicants
				are informed in writing whether their application has been approved or denied.
				Reasons for denial will be specified in the letter.
(e) Review Process. Applicants who are denied
				enrollment approval may submit a written letter explaining their situation or
				they may request that their healthcare provider submit a written explanation.
				These letters shall be submitted to the Program Manager for review. A review
				team, including the program nurse, is formed within the Department to respond
				to the applicant's letter. The Department will make every effort to respond to
				the applicant's letter within ten (10) work days.
(f) Cancer Treatment. The WCCEDP does not
				cover costs of treatment relating to a cancer diagnosis. In the event the
				patient does not qualify for Medicaid, the Nurse Manager acts as a patient
				navigator to aid the individual in locating or identifying resources to help
				reduce the burden of a cancer diagnosis on the enrolled program
				participant.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 17 - PROVIDER ELIGIBILITY, SCREENING METHODS, & REIMBURSEMENT GUIDELINES › Section 17-1 - Statement of Purpose

Current through July 13, 2024
The following rules and regulations are adopted to establish
				  provider eligibility, screening methods, and reimbursement
				  guidelines.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 17 - PROVIDER ELIGIBILITY, SCREENING METHODS, & REIMBURSEMENT GUIDELINES › Section 17-2 - Eligibility

Current through July 13, 2024
A physician must be licensed to practice medicine in the
				  State of Wyoming, as determined by the Wyoming Board of Medicine, to be an
				  eligible provider to be reimbursed for colorectal cancer screening services
				  (i.e. colonoscopy) by the WCCEDP.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 17 - PROVIDER ELIGIBILITY, SCREENING METHODS, & REIMBURSEMENT GUIDELINES › Section 17-3 - Reimbursement for Services

Current through July 13, 2024
Pursuant to
				  W.S.
				  35-25-204, the WCCEDP will reimburse
				  providers for the costs relating to colonoscopy screening only.
(a) Services covered by the WCCEDP. Expenses
				that may be reimbursed by the WCCEDP at the rate paid under the Wyoming Medical
				Assistance and Services Act are as follows:
(i) Pre-operative consultation fee;
(ii) Colonoscopy: Flexible, proximal to
				splenic flexure; diagnostic with or without collection or specimens;
(iii) Colonoscopy with single or multiple
				cold biopsy;
(iv) Colonoscopy with
				directed submucosal injection(s) of any substance;
(v) Colonoscopy with control of
				bleeding;
(vi) Colonoscopy with
				ablation of tumor(s), polyp(s), or other lesion(s) not amenable to removal by
				hot biopsy forceps, bipolar cautery, or snare technique;
(vii) Colonoscopy with removal of tumor(s),
				polyp(s), or other lesion(s) by hot biopsy forceps or bipolar
				cautery;
(viii) Colonoscopy with
				removal of tumor(s), polyp(s), or other lesion(s) by snare technique;
(ix) Level IV surgical pathology, gross and
				microscopic examination; and
(x)
				Facility and anesthesiology fees as listed on the WCCEDP-approved CPT code
				list.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 17 - PROVIDER ELIGIBILITY, SCREENING METHODS, & REIMBURSEMENT GUIDELINES › Section 17-4 - Payment Policy

Current through July 13, 2024
Screening by the WCCEDP will be paid by the program at the
				  Wyoming Medicaid allowable rates. For circumstances where multiple
				  biopsy/removal techniques are used during one colonoscopy, the program will pay
				  100% for the allowable Medicaid reimbursement amount for the service of the
				  highest cost, then 50% of the allowable Medicaid reimbursement amount for the
				  second service and 25% of the allowable Medicaid reimbursement amount for the
				  third and sequential techniques.
(a)
				The contractor must accept as payment in full the current Medicaid allowable
				charge in effect on the date of the covered service as identified on the WCCEDP
				CPT- code set.
(b) The Contractor
				is prohibited from making additional charge(s) to the client, any member of the
				client's family, or other sources of supplementation for those services covered
				by the WCCEDP.
(c) The Contractor
				shall have and/or retain the express right to bill clients enrolled in WCCEDP
				for any services not covered by the WCCEDP.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 18 - PROGRAM EVALUATON & REPORTING › Section 18-1 - Statement of Purpose

Current through July 13, 2024
The following rules and regulations are adopted to institute
				  a mechanism for evaluating process and clinical outcomes relating to the
				  Wyoming Colorectal Cancer Early Detection Program (WCCEDP).
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0046 - Preventive Health & Safety Division › Chapter 18 - PROGRAM EVALUATON & REPORTING › Section 18-2 - Minimal Data Elements

Current through July 13, 2024
Clinics/hospitals/physicians are required to collect and
				  submit data for the defined clinical process related to the outcomes identified
				  below. These data shall be submitted for each individual screened through the
				  WCCEDP.
(a) Demographic Information:
(i) Patient age;
(ii) Gender; and
(iii) Family history of colon
				cancer.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-1 - Authority

Current through July 13, 2024
These rules are promulgated pursuant to the Wyoming
				  Administrative Procedure Act,
				  W.S.
				  16-3-101 through
				  16-3-115, and W.S. W.S.
				  W.S.
				  9-2-106(a)(vii).
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-3 - Applicability

Current through July 13, 2024
Contested case hearings within the Department and its
				  Divisions shall be conducted in accordance with these rules, unless
				  specifically provided otherwise by statute, unless this procedure would
				  conflict with federal regulations, or unless the agency has adopted its own
				  rules for contested cases.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-4 - Definitions

Current through July 13, 2024
The definitions set forth in the Wyoming Administrative
				  Procedure Act,
				  W.S.
				  16-3-101, are incorporated by reference, and
				  for the purposes of a contested case hearing, the following definitions shall
				  apply:
a. "Affidavit" - a written
				notarized statement of facts made voluntarily under oath.
b. "Contestant" - the person, or persons
				representative, bringing the complaint against the Department or its
				Divisions.
c. "Contested case" - a
				proceeding by the Department, or its divisions, involving, but not restricted
				to, rate making, price fixing, benefit determination or level of benefits, and
				licensing, in which legal rights, duties or privileges of a party are required
				by law or regulation to be determined by the Department.
d. "Department" - the Department of Health
				and Social Services.
e. "Director"
				- Director of the Department of Health and Social Services.
f. "Ex parte matter" - matters which may be
				heard by the hearing officer in the absence of and without notice to the
				adverse party.
g. "Hearing officer"
				- any employee of the Department or other individual designated by the Director
				to serve as the presiding officer at a hearing held under these
				rules.
h. "Indispensable party" -
				any person whose joinder as a party is so important to a just resolution of the
				contested case that if he cannot be joined the action should not be allowed to
				proceed. The hearing officer will determine who is an "indispensable
				party".
i. "Person" - any
				individual, partnerships corporation, association, municipality, governmental.
				subdivision, public or private organization of any character, other than an
				agency.
j. "Respondent" - the
				Department of Health and Social Services or one of its divisions.
k. 11WAPA11 - the Wyoming Administrative
				Procedure Act, W.S. W.S.
				W.S.
				16-3-101 through
				16-3-115.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-5 - Request for Hearing_2

Current through July 13, 2024
Any person, or his representative, may make a request to the
				  Department, either orally or in writing, for a hearing in a contested case. Any
				  hearing request made orally shall be reduced to writing by the Department and
				  entered in the Contestant's record.
a.
				The request shall contain at least:
(1) Name,
				-address, and telephone number of the person requesting the hearing;
				and
(2) The reason for the request,
				including the nature of - the departmental action, order,- or determination
				being contested.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-6 - Notice of Hearing

Current through July 13, 2024
a . In any
				contested case, the Director shall afford reasonable notice of the hearing to
				all parties.
(1) Reasonable notice, as used
				in this section, shall be not less than 20 days prior to the hearing date. The
				time period specified herein may be waived by the Contestant upon written or
				oral notification to the Director. Where notification of waiver is made orally
				it shall be reduced to writing by the Director and entered in the Contestant's
				record.
(2) Notice shall be served
				personally or by certified mail to the last known address of the
				party.
(3) Where the necessary and
				indispensable parties are composed of a large class, notice shall be:
(a) Served upon a reasonable number of
				representatives of the class; or
(b) Published in newspapers of the State in
				reasonable numbers and times, and at a minimum in the county in which the
				Contestant resides, and in at least one newspaper with statewide circulation.
				In any county in which more than one newspaper is published notice shall be
				published in the official paper of the county designated pursuant to
				W.S.
				18-3-517.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-7 - Failure to Appear

Current through July 13, 2024
If a Contestant fails to appear. at the place, date, and
				  time specified in -a notice, the hearing officer may, within his
				  discretion:
a. Continue the hearing to
				a later date and provide notice as prescribed by Section
				6.
				b.(2) herein; or
b. Proceed to
				conduct the hearing without the contestant and dispose of the contested case as
				provided herein.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-8 - Discovery

Current through July 13, 2024
All discovery in a contested case shall be governed by the
				  Wyoming Rules of Civil Procedure, as described in , the - WAPA W.
				  S.
										16-3-107(g) and (h). , -The
				  party . for whom any depositions are taken W3 11 ensure that the original
				  transcripts are placed - in the record by filing them with the Director or his
				  designee. All other records of discovery shall likewise be filed with the
				  Director or his designee by the party originating such
				  discovery.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-9 - Prehearing Conference

Current through July 13, 2024
a. At a time on or
				before the day of the hearing, the hearing officer, on his own or either partys
				motion, may meet with the parties for a conference to considersimplification of
				the issues, stipulations and admissions of fact, clarification or limitation of
				evidence, -and any other matters that may expedite the proceeding and assure a
				just conclusion of the case.
b. Any
				stipulations, limitations or agreements made at a preheating conference shall
				be recited in the, record and shall control the course of the proceedings,
				unless modified during the hearing to prevent manifest injustice.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-10 - Informal Disposition

Current through July 13, 2024
Settlement of a contested case by any informal means i.e.
				  stipulation, agreed settlement or consent order) shall be allowed at any time,
				  unless precluded by law. Such settlements shall be in writing by both parties
				  and included as a part of the record. The Director or his designee shall enter
				  an order dismissing the contested case proceeding upon such settlement, and
				  such order shall be considered a final order of the
				  Department.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-11 - Hearing Officer

Current through July 13, 2024
a. The Director or
				his designee shall appoint a hearing officer to preside over contested case
				hearings on a case-by-case basis, or for a scheduled period of time, as he sees
				fit.
b. The hearing officer shall
				be an employee of the Department, or other individual determined by the
				Director to be qualified to serve in such a capacity, who has not taken part in
				the investigation, preparation, or earlier disposition of the case to be heard.
(1) The hearing officer shall withdraw
				himself from consideration of a case at any time he deems himself disqualified
				providing there are other qualified presiding officers available to act.
				Withdrawal shall be made in writing to the Director.
(2) Any party may request in writing that the
				Director remove and replace the hearing officer in a contested case. This
				request must be accompanied by a statement and affidavits, if appropriate,
				setting forth the alleged grounds for disqualification. The Director may deny a
				partys request for removal and shall issue a written statement explaining the
				grounds for his denial which shall be made a part of the record. If the request
				is granted, the Director shall appoint a new hearing officer as soon as is
				practicable.
(3) The Contestant may
				object to the appointment of the hearing officer in the record at. the hearing.
				The objection shall set forth the alleged grounds for
				disqualification.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-12 - Evidence and Testimony

Current through July 13, 2024
a. Except as may be
				otherwise ordered by the hearing officer, the Contestant bears the burden of
				proof.
b. Admissibility of evidence
(1) The parties shall be entitled to present
				any oral or documentary evidence, submit rebuttal evidence and conduct
				cross-examinations, as may be required for a full disclosure of the facts. All
				documentary or physical evidence submitted for consideration shall be marked as
				exhibits. Respondents exhibits shall be marked by letters of the alphabet
				beginning with "A". Contestants exhibits will be marked by numbers beginning
				with 111".
(2) The hearing officer
				shall allow any oral or documentary evidence, except that he may exclude
				irrelevant, immaterial, or unduly repetitious evidence.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-13 - Representation

Current through July 13, 2024
a. All parties have a right to represent
				themselves, to be represented by an attorney-licensed-to practice law in
				Wyoming, or any other person chosen by the Contestant to appear on his behalf.
				If the Contestant is represented by an attorney, payment of attorneys fees and
				cost are the responsibility of the Contestant. Contestant may, be eligible for
				legal services available through the Legal Services Corporation if he or she
				meets the applicable guidelines of-that agency.
(1) Only the individual party, his attorney,
				or his representative may examine or cross-examine witnesses.
(2) The hearing officer may examine
				witnesses.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-14 - Order of Procedure

Current through July 13, 2024
a . As nearly as
				practicable, the following order of procedure shall be followed:
(1) The hearing officer shall announce the
				hearing is open and call by docket number and title the case to be heard. The
				hearing officer shall ask if parties are ready to proceed and will allow
				parties an opportunity to dispose of any preliminary matters.
(2) The hearing officer shall administer the
				oath to all witnesses who will present testimony.
(3) The hearing officer may, in his
				discretion, allow evidence to be heard in an order other than that prescribed
				here and shift the burden of proof accordingly.
(4) Opening statements will be made,
				Contestant first, then Respondent.
(5) Evidence will be heard, Contestant first,
				then Respondent. Contestant may then offer rebuttal evidence. Parties may each
				exercise the right to cross-examine.
(6) No testimony shall be received by the
				Hearing Officer unless given under oath/ affirmation administered by the
				Hearing Officer.
(7) Closing
				statements will be made, Contestant first, then Respondent, then the Contestant
				in rebuttal.
(8) The hearing
				officer may limit. the time for opening and closing statements.
(9) The hearing officer may recess-the
				proceedings as appropriate.
(10)
				After all parties have had an opportunity to be heard, the hearing officer
				shall excuse all witnesses and close the evidence.
(a) Evidence may be reopened only upon a
				motion by a party to the proceeding on a showing of good cause.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-15 - Decisions

Current through July 13, 2024
a. The hearing officer shall make proposed
				findings of fact and conclusions of law within twenty (20) working days of the
				close of the hearing and forward them to the Director for final determination.
				This time may be extended if the parties or other interested persons are to
				submit. briefs; but, in no event may this time be extended by more than ten
				(101 working days, unless a later date is stipulated, in writing, by Contestant
				and Respondent.
(1) Within ten (10) working
				days of the close of the hearing, or such additional time as the hearing
				officer may allow, each party shall be allowed to file with the hearing officer
				any proposed findings of fact and conclusions of law, together with a
				supporting brief. Such-proposals and-briefs shall be served on all other
				parties.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-16 - Appeals

Current through July 13, 2024
Appeals from a final decision of the Department shall be
				  taken in accordance with
				  W.S.
				  16-3-114 and Rule 12 of the Wyoming Rules of
				  Appellate Procedure.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-17 - Transcripts and Record

Current through July 13, 2024
a. When a contested
				case is set for hearing, the Director or his designee shall assign a docket
				number to each case and enter the case with its number and date of filing in a
				docket book maintained by the Director or his designee. The Director or his
				designee shall maintain a separate file for each docketed case in which all
				pleadings, transcripts, correspondence, papers, and exhibits for that case
				shall be maintained. All such items shall have noted thereon the assigned
				docket number and the date of filing.
b. The Department shall record all contested
				case proceedings electronically, through the use of a qualified court reporter
				or any other appropriate means determined by the agency, or the hearing
				officer. Transcriptions of oral proceedings or written transcripts of a
				witnesss testimony may be obtained by Contestant upon payment of the cost.
(1) In a nonpublic investigatory proceeding,
				requests for copies or transcripts may be limited to testimony of the
				requesting party.
(2) Where
				Contestant can demonstrate that he is indigent and that he can not effectively
				perfect his appeal without such transcription the Department may waive the
				payment of the fee.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0047 - Procedures for Conduct of Contested Case Hearings › Chapter 1 - PROCEDURES FOR THE CONDUCT CONTESTED CASE HEARINGS › Section 1-18 - Severability

Current through July 13, 2024
If any portion of these rules is found to be invalid or
				  unenforceable, the remainder shall continue in effect.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0048 - Public Health Laboratory › Chapter 1 - RULES AND REGULATIONS FOR THE PUBLIC HEALTH LABORATORY TESTING FEES › Section 1-1 - Authority

Current through July 13, 2024
The Wyoming Department of Health is promulgating this Rule
				  pursuant to requirements in 2012 Wyoming Session Laws, Chapter 26, Section 048,
				  Department of Health, Footnote 4, and the Wyoming Administrative Procedure Act
				  at W.S. §
									
										16-3-101, et seq.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0048 - Public Health Laboratory › Chapter 1 - RULES AND REGULATIONS FOR THE PUBLIC HEALTH LABORATORY TESTING FEES › Section 1-2 - Purpose and Applicability

Current through July 13, 2024
(a) These Rules establish the fees charged by
				the Public Health Laboratory for providing laboratory testing services to other
				State of Wyoming agencies, local law enforcement entities and other individuals
				or organizations.
(b) The
				Department may issue Manuals or Bulletins to providers and/or other affected
				parties to interpret the provisions of this Chapter. Such manuals or bulletins
				shall be consistent with and reflect the policies contained in the Chapter. The
				provisions contained in manuals or bulletins shall be subordinate to the
				provisions of this Chapter.
(c) The
				incorporation by reference of any external standard is intended to be the
				incorporation of that standard as it is in effect on the effective date of this
				Chapter.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0048 - Public Health Laboratory › Chapter 1 - RULES AND REGULATIONS FOR THE PUBLIC HEALTH LABORATORY TESTING FEES › Section 1-3 - Definitions

Current through July 13, 2024
The following definitions shall apply in the interpretation
				  and enforcement of these rules, where the context in which words are used in
				  these rules indicates that such is the intent, words in the singular number
				  shall include the plural and vice versa. Throughout these rules gender pronouns
				  are used interchangeably. The drafters have attempted to utilize each gender
				  pronoun in equal numbers, in random distribution. Words in each gender include
				  individuals of the other gender.
(a)
				"Facility" is defined as a location that submits samples to the public health
				laboratory for testing.
(b) "Public
				Health Laboratory" is defined as the Department of Health Public Health
				Laboratory located at 208 South College Drive, Cheyenne, WY 82002.
(c) "Submitter list" is defined as all
				submitting locations currently included in the Microbiology and Chemical
				laboratory information systems.
Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0048 - Public Health Laboratory › Chapter 1 - RULES AND REGULATIONS FOR THE PUBLIC HEALTH LABORATORY TESTING FEES › Section 1-4 - Facilities and programs

Current through July 13, 2024
(a) Facilities and programs already on the
				submitter list that have submitted samples for Public Health Laboratory
				analysis will receive a monthly or quarterly invoice for all analytical
				services completed according to the fee schedule established in these
				rules.
(b) Only facilities and
				programs currently on the Public Health laboratory submitter list will be
				authorized to submit samples under this fee structure.
(c) Facilities and programs that are not
				currently on the Public Health Laboratory submitter list that are, or that may
				need to request laboratory testing services should contact the Public Health
				Laboratory for information and assistance to get on the submitter
				list.