Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0050 - Rural Health, Office of › Chapter 1 - MEDICAL MALPRACTICE INSURANCE ASSISTANCE PROGRAM › Section 1-4 - 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 that such is the intent, words in the singular 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.
For the purpose of these rules, the following definitions
				  shall apply:
(a) "Account" means the
				Medical Malpractice Insurance Assistance Account created by the Act and funded
				by an appropriation from the Wyoming Legislature;
(b) "Act" means the Medical Malpractice
				Insurance Assistance Act, 2004 Special Session, Enrolled Act No. 3 (to be
				codified at
				W.S.
				35-1-901 through
				35-1-903 );
(c) "Adverse action" is as defined in Chapter
				1, Rules for Medicaid Administrative Fair Heanngs of the Wyoming Medicaid
				rules, which definition is incorporated by this reference;
(d) "Applicant" means a physician or
				contracting entity that submits an application for assistance;
(e) "Application" means the form, specified
				by the Department, on which an applicant indicates an interest in receiving
				assistance;
(f) "Application date"
				means the post-marked date of an application for assistance, or the date it is
				stamped into the Department if it is hand-delivered;
(g) "Approve" is the Department's
				determination that a physician or a contracting entity is eligible for
				assistance;
(h) "Assistance" means
				a loan pursuant to this Act that permits a physician or a contracting entity to
				purchase specified insurance coverage or participate in a risk retention group.
				The total amount of assistance available shall be limited to that amount
				appropriated by the Wyoming Legislature for this program;
(i) "Capital contribution" means a payment,
				other than a premium or an annual fee, made to a risk retention group as a
				condition of participation in the group;
(j) "Child Health Insurance Program (CHIP)"
				means the Child Health Insurance Program created by 2003 Wyo. Sess. Laws 0064
				(codified at W.S. W.S.
				W.S.
				35-25-101 et seg.), and administered by the
				Department;
(k) "Claims-made
				policy" means a malpractice insurance policy, which provides liability coverage
				to a physician for events that occur during the policy period and for which a
				claim is made during the policy period;
(l) "Contested case" means "Contested case"
				as defined in Chapter 1, Rules for Medicaid Administrative Fair Hearings of the
				Wyoming Medicaid rules, which definition is incorporated by this
				reference;
(m) "Contract" means an
				agreement between a physician or a contracting entity and the Department under
				which the Department agrees to provide assistance under this Act in exchange
				for an agreement by the physician or contracting entity to comply with the
				statutory requirements of this Act, as well as requirements promulgated under
				this Chapter;
(n) "Contracting
				entity" means an entity which contracts with a Wyoming licensed health care
				facility to provide physician services to the facility and which in fulfillment
				of such a contract procures medical malpractice insurance for physicians
				providing the contracted services;
(o) "Department" means the Wyoming Department
				of Health, its agent, designee, or successor;
(p) "Director" means the director of the
				Department, the director's agent, designee, or successor;
(q) "Documentation" means written evidence,
				in the form specified by the Department, to support an assertion or
				position;
(r) "Insurer" means any
				person engaged as indemnitor, surety or contractor in the business of entering
				into contracts of insurance or of annuity;
(s) "Malpractice insurance" means an
				insurance policy that insures a physician, a contracting entity, or both,
				against liability for medical malpractice;
(t) "Medicaid" means medical assistance and
				services provided pursuant to Title XIX of the Social Security Act or the
				Wyoming Medical Assistance and Services Act of 1967, as amended. "Medicaid"
				includes any successor or replacement program enacted by Congress or the
				Wyoming Legislature. "Medicaid" in Wyoming is also known as "Equality
				care";
(u) "Medicare" means the
				health insurance program for the aged and disabled under Title XVIII of the
				Social Security Act.
(v)
				"Physician" means a person licensed under W.S. W.S.
				W.S.
				33-26-303.
(w) A "prime interest rate" means the prime
				interest rate as established by the Federal Reserve System.
(x) "Promissory note" means a written promise
				to pay a specified sum of money to the bearer of the note at a specified time
				or on demand. Under this Act, the Promissory note will be the contract between
				the physician or contracting entity and the Department;
(y) "Program" means the Malpractice Insurance
				Assistance Program created by the Act and implemented by this
				Chapter;
(z) "Provider" means
				"Provider" as defined in Chapter 3, Provider Participation, of the Wyoming
				Medicaid rules, which is incorporated by this reference;
(aa) "Public records" means "Public records"
				as defined in W.S. 16-4-20 l(a)(v), which is incorporated by this
				reference;
(bb) "Risk retention
				group" is as defined in W.S. W.S.
				W.S.
				26-36-103(a)(i). However,
				assistance under this Chapter is limited to participation in risk retention
				groups in which, the majority of ownership is held by physicians who are
				licensed and practicing in Wyoming;
(cc) "Security interest" means interest in
				property obtained pursuant to a security agreement.