Statutes, codes, and regulations
Wyoming Administrative Code
Agency 048 - Health, Department ofSubagency 0050 - Rural Health, Office of
Chapter 5 - WYOMING PROVIDER RECRUITMENT GRANT PROGRAM
Section 5-6 - Recruiting Entity Responsibilities

048-5 Wyo. Code R. § 5-6

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Current through April 27, 2019
Section 5-6 - Recruiting Entity Responsibilities

(a) An eligible applicant shall complete and submit an application to the Department between July 1st and September 30th each year. In the event additional applications are accepted pursuant to Section 5(a)(i), eligible applicants shall complete and submit an application to the Department by the deadline identified in the Program application.

(b) Once the application is approved by the Department, the applicant becomes a recruiting entity. The recruiting entity shall enter into a Contract Agreement with the Department. The Contract Agreement will outline the grant amount the recruiting entity is eligible for and how those amounts are required to be used.

(c) The Contract Agreement is between the Department and the recruiting entity. The recruiting entity must have a separate contract with the recruited provider.

  • (i) The recruiting entity must enter into a written and legally binding Offer of Recruitment or employment contract with the recruited provider. The recruiting entity must include terms in the Offer of Recruitment or employment contract to recoup any benefits paid to the recruited provider, using grant monies under this Act, in the event the recruited provider fails to meet the requirements of this Act, these rules and regulations, and/or the Contract Agreement.

(d) The recruiting entity must annually submit to the Department verification that the recruited provider treats Medicare, Medicaid and Kid Care insurance eligible patients, and that the provider works full-time in Wyoming in the approved geographic area for a period of two (2) years.

  • (i) Full-time is defined as working at least forty (40) hours per week. The Department, at its discretion, may consider less than forty (40) hours per week as full-time when the industry standard for full-time for the provider's profession is less than forty (40) hours per week.

(e) The recruiting entity must ensure the recruited provider does not already practice in Wyoming, including part-time. The only exceptions are providers completing residency training in Wyoming and military providers (not practicing in Wyoming other than to fulfill a military obligation) which may still be recruited under this Act.

  • (i) Within ten (10) business days of signing an Offer of Recruitment, the recruiting entity must submit a notarized affidavit from the recruited provider to the Department stating he does not already practice in Wyoming, including part-time, and has not done so for a period of at least twenty-four (24) months.
  • (ii) Payment will not be made to the recruiting entity until the affidavit and all documentation required by the Contract Agreement is received by the Department, and the recruited provider has relocated and begun full-time practice in the approved geographic area of Wyoming.

(f) The recruiting entity shall not require that the recruited provider sign any type of "non-compete agreement" which continues after termination of the recruited provider's employment or practice arrangement with the recruiting entity. This includes early termination by the recruited provider or the recruiting entity prior to the end of the stated term of the employment contract and/or Offer of Recruitment.

(g) If the recruiting entity is a hospital, the recruiting entity must ensure that the agreement between the hospital and a recruited physician meets the conditions set forth in 42 C.F.R. 411.357(e), as amended. This law provides the exceptions to referral prohibitions related to compensation arrangements, also known as the "Stark Amendment."

(h) The recruiting entity has one (1) year from the effective date of the Contract Agreement to recruit an eligible provider and must keep the Department's program coordinator updated on its progress.

(i) The recruiting entity shall require that the recruited provider begin full-time practice in the approved geographic area of Wyoming within six (6) months of signing an Offer of Recruitment.

048-5 Wyo. Code R. § 5-6

Amended, Eff. 4/12/2016.