048-13 Wyo. Code R. §§ 13-5 - Licensing

(a) Licensing requirements. The Office of Health Quality has been authorized to issue licenses to ICF/MRs and has established a system of licensure to comply with minimum requirements for the purpose of protecting the health, welfare and safety of clients receiving this type of service.

(b) Licensing procedure.

(i) For an initial license to be issued the Office of Health Quality shall receive:

(A) A completed application form as supplied by the Office of Health Quality.

(B) The required licensure fee as outlined 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.

(C) Demonstrated compliance with the requirements for licensure as required in paragraph (c) of this section. This documentation shall be available to the Office of Health Quality following the onsite survey.

(D) The effective date of the initial license shall be:

(1) The date of the survey, if there are no deficiencies, or

(2) If deficiencies exist, the date that a plan of correction is approved.

(E) The length of the license shall be from the effective date of the license until the next June 30th.

(ii) For renewal of a full license for one year beginning July 1^st, and unless suspended, or revoked, shall expire on June 30^th of the following year, the Office of Health Quality shall receive:

(A) A completed application form by the date requested in the cover letter.

(B) The license fee as required in paragraph (b) of this section.

(C) Demonstrated compliance with the requirements for licensure as required in paragraph (c) of this section. This documentation is maintained on file at the Office of Health Quality following the onsite surveys.

(c) Requirements for licensure. The Office of Health Quality shall take into consideration:

(i) The ICF/MR shall be in conformity with all laws and standards relating to communicable and reportable diseases as promulgated by the Department of Health, Division of Public Health.

(ii) The existing deficiencies that may create a hazard to the health, safety or welfare of the clients.

(iii) The agency shall correct existing deficiencies.

(iv) There shall be adequate policies and procedures in place to guide operations.

(v) All applicants for initial licensure shall be reviewed by the Department of Health, Developmental Disabilities Division. The Division shall determine whether there is or is not a valid need for the new service and suitability of the applicant to provide this service. The Division shall forward written justification to the Office of Health Quality which states whether there is or is not a valid need for the new service.

(d) Transfer of license.

(i) No license granted shall be assignable or transferrable. A license shall apply only to the ICF/MR described in the license application.

(A) Whenever ownership of an ICF/MR is transferred from the individual or entity named in the license application to any other individual or entity, written notification of change of ownership shall be made to the Office of Health Quality. The transferee shall notify the Office of Health Quality of the transfer and apply for a new license.

(1) The transferor shall notify the Office of Health Quality at least thirty (30) days prior to the final transfer.

(I) Any license granted to the transferee shall be subject to the plan of correction submitted by the previous owner as approved by the Office of Health Quality.

(ii) If the ICF/MRs name or address is changed, the Office of Health Quality shall be advised in writing and a new license shall be issued upon receipt of the licensure fee and application.

(e) Conditions for revoking a license.

(i) Denial of application - revocation of license.

(A) An application for license may be denied or a previously issued license may be revoked for noncompliance with minimum standards as herein set forth when noncompliance jeopardizes the health, safety or welfare of clients.

(ii) Hearings.

(A) Any ICF/MR aggrieved by a decision of the Office of Health Quality may request a hearing by submitting a written request within ten (10) days of the receipt date of the notice of adverse action.

(B) Except in matters concerned with the spread of communicable disease as required in sections (c)(i), the Senior Management Consultant of the Office of Health Quality shall present the preliminary decisions and reasons to the aggrieved ICF/MR and provide an opportunity for a hearing (if such is requested within the appropriate time frame).

(1) In matters concerned with the spread of communicable disease, the Wyoming State Health Officer shall present the preliminary decisions and reasons to the parties concerned and provide an opportunity for a hearing (if such is requested within the appropriate time frame).

(C) Hearings requested under the terms of these rules and regulations shall be held by the Office of Health Quality in accordance with the provisions of the Wyoming Administrative Procedures Act at W.S. § 16-3-113, and with the contested case rules and regulations of the Wyoming Department of Health.

(f) Posting of license.

(i) The current license issued by the Office of Health Quality shall be displayed in a public area within the ICF/MR.

(g) Survey of the ICF/MR.

(i) Shall be arranged by the Office of Health Quality through its duly authorized officers, agents, or consultants. The survey shall be made unannounced and at periodic intervals dependant on the results of the previous survey and funding. All records of the ICF/MR shall be made available to the surveyor.

(h) Requirements of the Office of Health Quality.

(i) The Office of Health Quality shall provide each ICF/MR with:

(A) A copy of the list of deficiencies found, if any; and

(B) A copy of these rules and regulations.

(i) Voluntary closure

(i) If an ICF/MR voluntarily ceases to operate, it shall notify the Office of Health Quality in writing at least thirty working days prior to the closure.

(ii) Five working days after closure, the ICF/MR shall return its license to the Office of Health Quality.

Notes

048-13 Wyo. Code R. §§ 13-5