Statutes, codes, and regulations
Wyoming Administrative Code
Agency 048 - Health, Department ofSubagency 0037 - Medicaid
Chapter 45 - DD WAIVER PROVIDER STANDARDS, CERTIFICATION, AND SANCTIONS
Section 45-37 - Sanctions

048-45 Wyo. Code R. § 45-37

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Current through April 27, 2019
Section 45-37 - Sanctions

(a) In the event of a chronic failure to provide services, or services that fail to meet the applicable standard of care for the profession involved, or a continuing condition creating serious detriment to the health, safety, or welfare of participants of home and community based services, the Department may impose a civil monetary penalty, impose a monitor, suspend, or revoke the provider's certification pursuant to W.S. § 42-4-120.

  • (i) For each day of continuing violation, the civil penalty shall not exceed one thousand dollars ($1,000.00) or one percent (1%) of the amount paid to the provider during the previous twelve (12) months, whichever is greater.
  • (ii) The Division shall have the same authority to place conditions upon a provider, to impose a monitor, to revoke a certification issued under this section, or suspend a provider in the manner described in W.S. § 35-2-905.

(b) When the Division determines that there is sufficient evidence to take one or more of the actions listed in (a) of this Section, the Division shall notify the provider within 5 calendar days of the actions taken.

(c) If the Division obtains evidence of abuse, neglect, or exploitation of a participant by a provider, the Division may remove the person(s) deemed to be at significant risk.

(d) When the Division revokes a provider's certification, the Division shall notify the provider in writing of the revocation.

  • (i) The provider shall submit transition plans to the Division detailing the transition of each participant to other settings within 30 calendar days of the notification that the certification is being revoked.
  • (ii) The plans shall need to be approved by the Division.
  • (iii) The transition plans shall be implemented and participants shall move to different providers within 90 calendar days of the date the Division informed the provider of the revocation of certification.
  • (iv) Providers shall be required to adhere to the transition process requirements in Section 32 of this Chapter.

048-45 Wyo. Code R. § 45-37