Section 19-5 - Admission of Persons Diagnosed as Mentally Ill or with an Intellectual Disability or Related Condition (a) Mentally ill individuals. Except as otherwise provided by this Section, a nursing facility shall not admit any mentally ill individual unless: - (i) Prior to admission, the state mental health authority (SMHA) has determined, based on a physical and mental evaluation performed by a person or entity other than the state mental health authority, that the individual requires nursing facility services because of his or her physical and mental condition; and
- (ii) If the individual requires nursing facility services, the SMHA has also determined whether the individual requires specialized services.
(b) Individuals or persons with an intellectual disability or related conditions. Except as otherwise provided by this Section, a facility shall not admit any individual with an intellectual disability or related condition unless: - (i) Prior to admission, the state intellectual disability authority (SIDA) has determined, based on a physical and mental evaluation performed by a person or entity other than the SIDA, that the individual requires nursing facility services because of his or her physical and mental condition; and
- (ii) If the individual requires nursing facility services, the SIDA has also determined whether the individual requires specialized services.
(c) Penalty for admission prior to screening. Any facility that admits any mentally ill individual or any individual with an intellectual disability or related condition prior to a determination of appropriate placement shall be subject to: - (i) Denial of Medicaid payment for a Medicaid-eligible individual; and
- (ii) Regardless of the individual's payment source, the Department may impose any of the remedies specified in Chapter 5, using the procedures specified in Chapter 5.
048-19 Wyo. Code R. § 19-5