048-45 Wyo. Code R. § 45-14
(a) All persons providing waiver services including: managers, supervisors, direct care staff, participant employees hired through self-direction, and any other person who may have unsupervised access to participants shall complete and pass a background screening as referenced in this section. Persons who do not successfully pass a background screening shall not supervise, provide, or bill for waiver services, or otherwise have unsupervised access to participants on behalf of a provider.
(b) Certified providers, their employees, and all legal entities supervising, providing, or billing for waiver services shall also pass and maintain documentation of successful Department of Family Services Central Registry screening and an Office of Inspector General Exclusion Database screening. Entities that do not successfully pass these screenings shall be denied certification or terminated.
(c) Any person or entity that subsequently fails to pass a renewed background screening shall not supervise, provide, or bill for waiver services following a failed background screening.
(d) Any provider or participant who employs an individual or entity to supervise, provide, or bill for waiver services who has not completed all required background checks may be subject to sanctions under these rules.
(e) Providers and self-direction employees shall show evidence of current background screenings for all required persons as part of the provider or employee's recertification.
(f) A successful background screening shall include:
(g) No person ages eighteen (18) or older shall provide waiver services, or have unsupervised access to a waiver participant, unless the Department of Family Services and Office of Inspector General screenings come back with no findings and the state and national criminal history screenings are in process.
(h) An individual provider staff may provide services to a participant ages 18 or older following a successful Department of Family Services and Office of Inspector General screening while the state and national criminal history screenings are pending.
(i) Persons who do not successfully pass the criminal history screenings listed in subsection (f) shall not be left unsupervised in the vicinity of any participant, except as provided by subsection (h).
(j) Notwithstanding subsection (h), staff shall not provide any services to participants ages seventeen (17) or younger until all successful background screenings listed in subsection (f) have come back with no findings.
(k) Each individual eighteen (18) years of age or older who is living in a provider's home where services are provided, or staying in the home for a period longer than one (1) month, shall pass a background check as listed in subsection (f). An Office of Inspector General check is not required.
(l) If a criminal history screening does not include a disposition of a charge or if an individual is charged with an offense listed in subsection (f)(iii), the individual shall not have any unsupervised access or provide billable services to participants until the provider is able to provide proof of a successful background check.
(m) Volunteers and individuals under the age of eighteen (18) shall be under the direct supervision of an adult who has passed a background check. Individuals convicted of a sexual offense are not permitted as volunteers.
(n) Background screenings shall not be transferred from one provider entity to another.
(o) The background screening notification shall not be altered in any manner, including the crossing out of names or use of whiteout. If altered, the release forms shall be determined null and void.
(p) The Division may request a background screening at the Division's expense as part of an investigation.
048-45 Wyo. Code R. § 45-14
Amended, Eff. 6/21/2017.
Amended, Eff. 7/26/2018.