048-16 Wyo. Code R. §§ 16-19 - Civil Monetary Penalties

(a) When determining the amount of any proposed penalty, the Department shall consider the following factors:

(i) The size of the provider's operation, including number of clients served;

(ii) The gravity and extent of any potential or actual health, safety, or welfare risk to a participant;

(iii) The degree of fault of the provider in causing or failing to correct the violation either through act or omission, ranging from inadvertent action causing an event which was unavoidable by the exercise of reasonable care to reckless, knowing, or intentional conduct;

(iv) Whether economic benefit resulted from the provider's failure to comply;

(v) The appropriateness of any action or inaction to mitigate a health, safety, or welfare risk to a participant;

(vi) The provider's history of previous substantiated violations; and

(vii) Any other relevant information submitted to the Department between the initial adverse action and the decision to impose civil monetary penalty.

(b) A finding that civil monetary penalty is warranted shall:

(i) Be submitted to the provider, in writing, via certified mail;

(ii) Include reference to specific factors relevant to the determination of the penalty as supported by substantial evidence; and

(iii) Begin upon the provider's receipt of the notice of penalties, except that a provider's bad faith attempts to avoid notice shall cause the penalties to begin to run immediately.

(c) For each day of continuing violation, the civil monetary 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.

(i) The provider may request that the Department reduce the penalty imposed.

(A) The Department may reduce the penalty upon a finding that the financial impact may negatively impact the provider's ability to provide services that meet participants' health and safety needs.

(B) Such a reduction shall be requested by the provider, in writing, and must be accompanied by relevant evidence to support the requested reduction within twenty (20) business days of receiving notice of the penalty

(C) The Department's findings with regard to the reduction must be supported by substantial evidence and shall be sent to the provider via certified mail.

(d) The civil monetary penalty shall continue until the provider submits evidence that the areas of non-compliance are abated, or the provider submits and implements an acceptable quality improvement plan.

Notes

048-16 Wyo. Code R. §§ 16-19

Amended, Eff. 4/30/2020.