Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0005 - Behavioral Health - Personnel & Program Quality › Chapter 2 - DEFINITIONS, CONSTRUCTION, NOTICES, ETC › Section 2-1 - Definitions

Current through July 13, 2024
(a) "Administrator" means the person
				appointed by the Governor pursuant to
				W.S.
				9-2-103 to administer the Division of
				Community Programs of the Department of Health.
(b) "Adult" means a person who has reached
				the nineteenth (19th) anniversary of his birth, except in the case of adult
				developmental disabilities programs, "Adult" means a person who has reached the
				twenty-first (21st) anniversary of his birth.
(c) "Applicant" means a community services
				board or a public or private agency applying to the Administrator for any
				right, authority, or state funding provided for under W.S. 35-1620.
(d) "Certification" means recognition that
				the program meets the Division standards promulgated for the respective program
				areas and complies with the applicable laws and regulations.
(e) "Client" means the individual recipient
				of services from the program provider.
(f) "Community board" means either a
				community mental health board, or a substance abuse board, or a developmental
				disabilities board, or a family violence and/or sexual assault board, or a
				children's shelter board, or a board offering a combination of human service
				programs created pursuant to W.S. W.S.
				W.S.
				35-1-611 through
				35-1-626 and declared therein to
				be a public agency.
(g) "Complaint"
				means an action by a person, agency, or the Administrator against a program
				provider with respect to the health and welfare of the clients, and delivery or
				non-delivery of services to the clients and the quality of services
				delivered.
(h) "Complainant" means
				any person or public or private agency or the Administrator who files a
				complaint against a provider receiving funds from the Division.
(i) "Contested case" means a proceeding
				involving but not restricted to determination of client benefits, quality of
				client benefits and eligibility of client for services and formal complaints
				against provider's in which proceeding the legal rights, duties, or privileges
				of a party are required by law or regulation to be determined by the Department
				or Division.
(j) "Contract" means a
				written agreement between a program's governing board and any other
				organization, agency, or individual creating a legal relationship that
				specifies state funds to be expended in exchange for services, personnel, or
				space to be provided to the program.
(k) "Department" means the Department of
				Health and Social Services created by W.S. W.S.
				W.S.
				9-2-101(a).
(l) "Director" means the person appointed by
				the Governor as generally in charge of the Department pursuant to W.S.
				9-2108(a).
(m) "Division" means the
				Division of Community Programs of the Department which Division is the state
				mental health authority, the developmental disabilities authority, the
				substance abuse authority, the authority for family violence and sexual
				assault, and the authority for community service for troubled youth.
(n) "Fiscal year" means July 1 through June
				30.
(o) "Fund" and "Funding" mean a
				contract made by the Division for the use of state funds for the delivery of
				human services.
(p) "Governing
				body" means the duly elected or appointed qualified officers of a public
				agency, or the Board of Directors or Board of Trustees of a private
				agency.
(q) "Intervenor" means a
				person or public or private agency whom the Administrator permits to become a
				party to any proceeding before the Administrator.
(r) "Minor" means a person who has not yet
				reached the nineteenth (19th) anniversary of his birth, or in the case of adult
				developmental disabilities programs, a person who has not reached the
				twenty-first (21st) anniversary of his birth.
(s) "Person" means an individual, a group of
				individuals, or a private or a public agency.
(t) "Petitioner" means a person seeking
				relief against the Division on his own behalf.
(u) "Presiding officer" means the person
				designated by the Administrator or Director to serve as the officer to preside
				at the taking of evidence in all contested cases.
(v) "Private agency" means a corporation duly
				existing and qualified under the laws of the State of Wyoming which provides at
				least one (1) human services program which serves the residents of at least one
				(1) county; which has a director whose qualifications meet the standards fixed
				by the Division; whose duties are prescribed in the Charter or Bylaws of the
				Corporation; and which charges clients fees at a rate comparable to the uniform
				schedule of fees for services that has been promulgated by the
				Division.
(w) "Program" means
				community facilities and services for the prevention and amelioration of mental
				illness, substance abuse, or developmental disabilities and community based
				facilities and services to shelter victims of family violence and sexual
				assault, and troubled youth or a combination or umbrella of those community
				facilities and services.
(x)
				"Protest" means a written objection to an order or ruling of the
				Division.
(y) "Protestant" means a
				provider who files a protest with the Division.
(z) "Provider" means a person involved in the
				delivery of services purchased on a contract with the Division for the use of
				state funds in whole or in part for the delivery of human services.
(aa) "Public agency" means an organization
				operated by a unit of local government or a combination of local governments or
				agencies formed under the Wyoming Joint Powers Act to provide human services
				programs, including a Community Services Board established pursuant to W.S.
				W.S. W.S.
				35-1-614(d).
(bb) "Region" means a section of Wyoming
				designated by the Division based on geography and population to be a service
				area for division programs.
(cc)
				"Respondent" means a human services provider receiving funds from the Division
				against whom a complaint has been filed concerning any act or omission
				allegedly committed in violation of W.S. W.S.
				W.S.
				9-2-101 through
				9-2-115 or W.S. W.S.
				W.S.
				35-1-611 through
				35-1-627 or any rule of the
				Division or Department.
(dd)
				"Umbrella agency" means a provider or more than one (1) service to the
				public.
(ee) "Waiver" means the
				decision by the Division to forego temporarily the enforcement or requirement
				of a particular regulation or standard of the Division with respect to a
				particular program.