The following definitions, as well as the definitions found
in Chapter 3, Construction Rules and Regulations for Healthcare Facilities,
shall apply in the interpretation and enforcement of these rules. Where the
context in which words are used in these rules indicates that such is the
intent, words in the singular number shall include the plural and vice versa.
Throughout these rules, gender pronouns are used interchangeably, except where
the context dictates otherwise. The drafters have attempted to utilize each
gender pronoun in equal numbers, in random distribution. Words in each gender
shall include individuals of the other gender.
(a) "Adverse action" means any remedy or
sanction defined by statute, rule, or regulation that may be imposed or
recommended by the Department against a licensed and/or federally certified
Healthcare Facility that has failed to achieve or maintain compliance with
local, state or federal laws, statutes, rules, or regulations. Federal remedies
or adverse actions are defined in the State Operations Manual published by the
Centers for Medicare and Medicaid Services (CMS). An adverse action may be
imposed in addition to or instead of termination from the federal Medicare
certification program or may be imposed in addition to or instead of actions
against the facility's license.
(b)
"Applicable code authority" means the particular jurisdictional entity or
authority ultimately responsible for interpretation of a published Code. For
example: the International Code Council is the jurisdictional authority that
issues interpretations and provides technical support for the International
Building Code.
(c) "Informal
conference" means, as agreed to by the parties, either a teleconference
meeting, electronically enhanced meeting, or an in-person meeting between the
parties, and any other relevant parties, to discuss the issues and to determine
if a resolution may be reached without the necessity of further
action.
(d) "Formal administrative
hearing" means the process outlined below where a hearing is held pursuant to
the Wyoming Administrative Procedure Act at
W.S.
16-3-101, et seq.