(a) Licensing requirements. The Office of Health Quality has been duly authorized to issue licenses to renal dialysis centers. The Office of Health Quality has established a system of licensure to comply with minimum requirements for 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 facility shall submit:
- (A) A completed application form as supplied by the Office of Health Quality.
- (B) 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) Demonstrated compliance with the requirements for licensure as required in paragraph (c) of this section. This documentation shall be available through the Office of Health Quality following the on site survey.
- (D) The effective date of the initial license shall be:
- (I) The date of the survey, if there are no deficiencies, or
- (II) If deficiencies exist, the date that an acceptable plan of correction is developed.
- (E) The length of the license shall be from the effective date of the license until the next June 30th.
- (ii) For renewal of a full license for one year beginning July 1st, and unless suspended, or revoked, shall expire on June the of the following year, the Office of Health Quality shall receive:
- (A) A completed application form returned by the date indicated in the cover letter.
- (I) The application form shall be mailed by the Office of Health Quality to the facility.
- (B) License fee. Each application shall be accompanied by the required licen-sure 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 full compliance with the requirements for licensure as required in paragraph (c) of this section or an Office of Health Quality accepted plan of correction for deficiencies from the standards. This documentation is maintained on file at the Office of Health Quality following the on site survey.
(c) Requirements for licensure. The Office of Health Quality shall consider: - (i) The renal dialysis center is in conformity with all laws and standards relating to communicable and reportable diseases as promulgated by the Department of Health, Public Health Division.
- (ii) Existing deficiencies shall not create a hazard to the health, safety or welfare of the patients.
- (iii) The renal dialysis center is making a positive effort to correct all existing deficiencies.
- (iv) Adequate policies and procedures are in place to guide operations.
- (v) There is adequate and appropriately trained staff.
- (vi) The renal dialysis center shall have an organized and implemented quality improvement plan.
- (vii) There is an Office of Health Quality approved plan of correction for all cited deficiencies.
(d) Transfer of, or changes to the license. - (i) No license granted shall be assignable or transferrable. A license shall apply only to the agency location described in the license application.
- (A) Whenever ownership of an agency 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 buyer shall notify the Office of Health Quality of the impending transfer and apply for a new license.
- (I) Any license granted to the buyer shall be subject to the plan of correction submitted by the previous owner as approved by the Office of Health Quality.
- (B) The seller shall notify the Office of Health Quality at least thirty (30) days before the actual date of transfer.
- (C) Within the week prior to the effective date of the change of ownership a new license will be mailed to the agency provided that the Office of Health Quality is in receipt of the licensure application, and the licensure fee.
- (I) The day after the change of ownership the obsolete license must be mailed back to the Office of Health Quality.
- (ii) If the renal dialysis centers 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.
- (iii) If the renal dialysis center increases or decreases the number of stations, the Office of Health Quality shall be advised in writing and a new license application requested.
- (A) Upon receipt of the licensure application and licensure fee the following actions will be taken:
- (I) For additional stations to be added an on site review shall be conducted to determine adequacy of space, equipment, and appropriateness of staff and services. The additional stations will be licensed for service on the day of the on site inspection if all the requirements are met.
- (II) If the renal dialysis center is decreasing stations then the new license will be made effective the date the application is received or the date the owner specifies in the licensure application, whichever date is later.
(e) 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 noncompli-ance 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 renal dialysis center when conditions in the facility are such that patient needs cannot safely be met. Conditions in a renal dialysis center shall not jeopardize the patients health and safety.
- (iii) Hearings.
- (A) Any renal dialysis center aggrieved by a decision of the Office of Health Quality may request a hearing by submitting a written request within ten (10) days of the receipt date of the notice of adverse action.
- (B) Except in matters concerned with the spread of communicable disease as required in Section 5(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 ten (10) 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.
(f) Posting of license. - (i) The current license issued by the Office of Health Quality shall be displayed in a public area within the renal dialysis center.
(g) Survey of the renal dialysis center. - (i) The survey of renal dialysis center programs shall be arranged by the Office of Health Quality. The survey shall be made periodically. All records of the facility shall be made available to the surveyor.
(h) Requirements of the Office of Health Quality. - (i) The Office of Health Quality shall provide each renal dialysis center with:
- (A) A copy of these standards; and
- (B) A copy of any deficiencies found.
(i) Voluntary Closure. - (i) If a renal dialysis center voluntarily ceases to operate, they shall notify the Office of Health Quality in writing at least five working days prior to the closure.
- (ii) The first working day after the closure of the renal dialysis center, the license shall be returned to the Office of Health Quality.
048-18 Wyo. Code R. § 18-5