048-21 Wyo. Code R. § 21-5
(a) Procedure if action based on state requirements. If a Healthcare Facility receives one or more deficiencies as a result of an inspection, receives mark-ups or comments on a set of plans, or receives notice of a pending or actual adverse action from the Department, which action is based solely on state construction requirements, the following informal procedure may be instituted to resolve the issue(s) in as expedient a manner as possible:
Initial Meeting:
- (i) The Healthcare Facility, in collaboration with the Department, shall meet either by telephone, electronically, or in person to discuss the issue(s) and to determine whether an informal resolution of the issue(s) is possible and acceptable.
- (ii) This initial meeting shall be conducted as soon as possible on a date acceptable to all parties.
- (iii) The parties may agree at this initial meeting to another informal meeting between themselves to resolve the matter between the Department and the Healthcare Facility.
- (iv) If the Healthcare Facility agrees at this initial meeting to an informal resolution of the issue, but desires to have an outside entity review the question, the parties each agree to outline the issue(s) and that party's position on the issue(s) in writing.
- (v) A written statement of the issue(s) and positions of the parties shall be prepared to send to an outside entity within ten (10) working days of the meeting at which this decision was made.
Submit Statement of the Issues and Party Positions to Code Authority:
- (vi) Once this statement of the issue(s) and the parties' positions are reduced to writing so that both parties can agree to what is contained in the document, it shall be submitted by the Department to the applicable Code authority, such as the International Code Council or the American Institute of Architects, as agreed upon by the parties.
Code Authority Decision:
- (vii) Once the applicable Code authority renders its decision, and if the decision or interpretation is still unsatisfactory to the Healthcare Facility, it may request a formal administrative hearing.
- (viii) The Healthcare Facility shall send a written request for a formal administrative hearing to the Department no later than ten (10) calendar days after receipt of the Code authority's decision.
(b) Procedure if action based on federal requirements. When a Healthcare Facility is seeking federal certification, federal requirements related to the physical environment, the Life Safety Code, and all other relevant federal codes will apply. If a Healthcare Facility receives deficiencies, mark-ups or comments on a set of plans, or notice of pending adverse action from the Department which action is based solely on federal construction and/or regulatory requirements, the following informal procedure may be instituted to resolve the issue(s) in as expedient a manner as possible:
Initial Meeting:
- (i) The Healthcare Facility, in collaboration with the Department, shall meet either by telephone, electronically, or in-person to discuss the issue(s) and to determine whether an informal resolution of the issue is possible and acceptable.
- (ii) This initial meeting shall be conducted as soon as possible on a date acceptable to all parties.
- (iii) The parties may agree at this initial meeting to another informal meeting between themselves to resolve the matter between the Department and the Healthcare Facility.
- (iv) If the Healthcare Facility agrees at this initial meeting to an informal resolution of the issue, but desires to have an outside entity review the question, the parties must each outline the issue(s) and that party's position on the issue(s) in writing.
- (v) A written statement of the issue(s) and positions of the parties shall be prepared to send to an outside entity within ten (10) calendar days of the initial meeting.
Submission of Statement of the Issues and Party Positions to Code Authority:
- (vi) Once this statement of the issue(s) and the parties' positions are
reduced to writing so that both parties can agree to what is contained in the document, it will be submitted by the Department to the applicable Code authority.
Code Authority Decision:
- (vii) Once the applicable Code authority renders its decision and if the
decision or interpretation is still unsatisfactory to the Healthcare Facility, the parties may agree to submit the question to the Centers for Medicare and Medicaid Services (CMS) within ten (10) working days of the date of the decision or interpretation from the Department or the Code Authority.
- (viii) Decisions rendered by CMS are considered final; however, there is a federal appeal process, pursuant to 42 CFR 498, et seq.
048-21 Wyo. Code R. § 21-5