048-10 Wyo. Code R. §§ 10-5 - Licensure
Applicants must demonstrate full compliance with paragraphs (a) and (b) of this section.
(a)
Licensing Procedure.
(i) For an initial
license to be issued, the Licensing Division shall receive:
(A) A completed application form as supplied
by the Licensing Division;
(B) Each
completed application shall be accompanied by the required licen-sure fee
identified in Chapter 1, Rules and Regulations for Health Care Facilities
Licensure Fees. The check or money order shall be made payable to the
Treasurer, State of Wyoming; and
(C) An applicant shall demonstrate full
compliance with the licensure requirements in paragraph (b) of this section.
The effective date of the initial license shall be:
The date of the survey, if there are no deficiencies.
(II) If deficiencies exist, the date that an
acceptable plan of correction is developed after the survey.
(ii) For renewal of a
full license for one year beginning July 1st and,
unless suspended or revoked, expiring on June 30th
of the following year, the Licensing Division shall receive:
(A) A completed application form by the date
stated in the application cover letter supplied by the Licensing Division;
and
(B) The license fee as required
in paragraph (a)(i)(B) of this section.
(b) Requirements for Licensure. The Licensing
Division shall consider:
(i) Initial and
periodic renewal licensure survey deficiencies cited by the Survey
Division;
(ii) Complaint
investigations and resolutions; and
(iii) Compliance with all laws and standards
relating to communicable and report-able diseases as required by the Department
of Health, State Health Officer and Public Health Division.
(c) Transfer of License.
(i) No license shall be assigned or
transferred by the licensee without prior written approval of the Licensing
Division.
(A) Requests to assign or transfer
a Home Health Agency license shall be submitted in writing by the licensee to
the Licensing Division at least thirty (30) days prior to the planned date of
assignment or transfer.
(B) Any
license approved for assignment or transfer by the Licensing Division shall be
subject to the plan of correction for licensure submitted by the previous
licensee.
(ii) If the
Home Health Agency name is changed, the Licensing Division shall be advised in
writing, before the name is changed, by the current licensee and a new license
shall be issued upon the receipt of an application and licensure fee.
(d) Conditions for Denying,
Revoking, or Suspending a License.
(i)
Denial, revocation, or suspension of a license may occur for noncompliance with
any provisions of these licensure rules.
(e) Hearings.
(i) Any Home Health Agency aggrieved by a
decision of the Licensure Division may request a hearing by submitting a
written request to the Licensure Division within ten (10) days of receipt of
the adverse action.
(ii) Except in
matters concerned with the spread of communicable disease, the Li-censure
Division (Nurse Administrator or designated representative) shall present the
preliminary decisions and reasons for the decision to the parties concerned and
shall provide an opportunity for a hearing. Any request for hearing shall
adhere to the time frames of (i) above.
(iii) In matters concerned with the spread of
communicable disease, the Wyoming State Health Officer or designated
representative shall present the preliminary decisions and reasons for the
decision to the parties concerned and shall provide an opportunity for a
hearing. Any request for a hearing shall adhere to the time frames in (i)
above.
(iv) Hearings requested
under the terms of these licensure rules shall be held in accordance with the
provisions of the Wyoming Administrative Procedures Act.
(f) Posting of License.
(i) The current license issued by the
Licensing Division shall be displayed in a public area within the Home Health
Agency.
(g) Surveys for
Licensure.
(i) The Survey Division shall
perform initial and periodic surveys for renewal of licensure.
(A) These surveys shall be based on but not
limited to:
(i) The requirements of the
current Licensure and Program Administration Rules and Regulations for Home
Health Agencies as promulgated by the Wyoming Department of Health. If there
are conflicts between the Licensure and Program Administration Rules, the
Licensure Rules take precedence.
(ii) Results of in home visits performed by
survey staff;
(iii) Review of
client medical records; and the
(iv) Effectiveness of the home health agencys
quality management program.
(B) The Survey Division shall provide within
ten (10) working days after the last day of survey, copies of its cited
deficiencies to the Home Health Agency and the Program Division.
(C) The Home Health Agency shall provide an
acceptable plan of correction for all cited survey deficiencies, within ten
(10) working days after receipt of the deficiencies, to the Licensing
Division.
(D) The Licensing
Division shall provide written notification to the Home Health Agency and to
the Program Division as to whether the plan of correction is or is not
acceptable. This notification shall be provided within ten (10) working days
after receipt of the plan of correction.
(h) Voluntary Closure.
(i) If a Home Health Agency voluntarily
ceases to operate, it shall notify the Licensing Division in writing at least
thirty (30) calendar days prior to the closure.
(ii) The first working day after closure, the
Home Health license shall be hand carried or sent by certified mail to the
Office of Health Quality; 2020 Carey Avenue, Eighth Floor; Cheyenne, WY
82002.
(iii) Personnel, financial
and client medical records shall be maintained by the licensee for a minimum of
six (6) years after the month of closure.
Notes
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