(a) Licensing requirements. The Wyoming Department of Health, Office of Health Quality, Planning and Program Evaluation (Office of Health Quality) has been duly authorized to issue licenses to Medical Assistance Facilities. The Office of Health Quality has established a system of licensure to comply with minimum requirements for the purpose of protecting the health, welfare and safety of patients receiving this type of service.
(b) Licensing procedure. - (i) For an initial license to be issued the Office of Health Quality shall receive:
- (A) A completed application form shall be submitted to the Office of Health Quality.
- (B) Licensure fee. Each application shall be accompanied by the required licensure fee outlined in Chapter 1 Rules and Regulations for Health Care Facilities Licensure Fees. The check or money order shall be made payable to the Treasurer, State of Wyoming.
- (C) Shall demonstrate compliance with the requirements for licen-sure as required in paragraph (c) of this section.
- (ii) For renewal of a license the Office of Health Quality shall require:
- (A) A completed application form returned by the date indicated in the cover letter.
- (I) The application forms shall be mailed by the Office of Health Quality to the facility.
- (B) License fee. Each application shall be accompanied by the required licensure fee outlined in Chapter 1, Rules and Regulations for Health Care Facilities Licensure Fees. The check shall be made payable to the Treasurer, State of Wyoming.
- (C) Must demonstrate compliance with the requirements for licen-sure as required in paragraph (c) of this section.
(c) Requirements for licensure. The Office of Health Quality shall require: - (i) The medical assistance facility shall be in conformity with all laws and standards relating to communicable and reportable diseases as promulgated by the Department of Health, Division of Preventive Medicine.
- (ii) Existing deficiencies shall not create a hazard to the health, safety or welfare of the patients.
- (iii) The medical assistance facility shall make a positive effort to correct all existing deficiencies.
- (iv) Policies and procedures shall be in place to guide operations.
- (v) There is adequate and appropriately trained staff.
- (vi) The medical assistance facility shall have an organized and implemented quality improvement plan.
- (vii) There shall be an approved plan of correction for all cited deficiencies.
(d) Issuance of license. - (i) For initial licensure the date of the license shall be:
- (A) The date of the survey, if there are no deficiencies, or
- (B) If deficiencies exist, the date that an acceptable plan of correction is developed.
- (C) The period of the license shall be one year beginning on July 1st, and unless suspended or revoked, shall expire on June 30th of the following year.
(e) Transfer of license. - (i) No license granted shall be assignable or transferrable. A license shall apply only to the geographical location described in the license application.
- (A) Whenever ownership of a facility is transferred from the individual or entity named in the license application to any other individual or entity, written notification of change of ownership shall be made to the Office of Health Quality. The transferee shall notify the Office of Health Quality of the transfer and apply for a new license.
- (I) Any license granted to the transferee shall be subject to the plan of correction submitted by the previous owner as approved by the Office of Health Quality.
- (B) The transferor shall notify the Office of Health Quality at least thirty (30) days before the final transfer.
- (ii) If the medical assistance facilitys name is changed, the Office of Health Quality shall be advised in writing and a new license shall be issued upon receipt of the licensure fee and application.
(f) Conditioning or revoking a license. - (i) Denial of application - suspension or revocation of license.
- (A) An application for license may be denied or a previously issued license may be suspended or revoked for noncompliance with minimum standards as herein set forth when noncompliance jeopardizes the health, safety or welfare of patients.
- (ii) Suspension of admissions.
- (A) The Office of Health Quality may suspend new admissions or re-admissions to a medical assistance facility when conditions in the facility are such that patient needs cannot be met. Conditions in a medical assistance facility shall not jeopardize the patients health and/or safety.
- (iii) Hearings.
- (A) Any medical assistance facility aggrieved by a decision of the Office of Health Quality may request a hearing by submitting a written request within thirty (30) days of the date of the decision.
- (B) Except in matters concerned with the spread of communicable disease, as required in Sections (c) (i), the Senior Management Consultant of the Office of Health Quality shall present the preliminary decisions and reasons to the parties concerned and provide an opportunity for a hearing, if a hearing is requested, within thirty (30) days.
- (C) Hearings requested under the terms of these rules and regulations shall be held by the Office of Health Quality according to the provisions of the Wyoming Administrative Procedures Act at W.S. 16-3-113, and with the contested case rules and regulations of the Wyoming Department of Health.
(g) Posting of license. - (i) The current license issued by the Office of Health Quality shall be displayed in a public area within the medical assistance facility.
(h) Survey of the medical assistance facility. - (i) The survey of the medical assistance facility shall be arranged by the Office of Health Quality. The survey shall be performed periodically. All records of the facility shall be available to the surveyor.
(i) Requirements of the Office of Health Quality. - (i) The Office of Health Quality shall provide each medical assistance facility with:
- (A) A copy of these standards; and
- (B) A copy of any deficiencies found.
048-14 Wyo. Code R. § 14-5