048-1 Wyo. Code R. § 1-4 - Definitions

The following definitions 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 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.

For the purpose of these rules, the following definitions shall apply:

(a) "Account" means the Medical Malpractice Insurance Assistance Account created by the Act and funded by an appropriation from the Wyoming Legislature;

(b) "Act" means the Medical Malpractice Insurance Assistance Act, 2004 Special Session, Enrolled Act No. 3 (to be codified at W.S. 35-1-901 through 35-1-903 );

(c) "Adverse action" is as defined in Chapter 1, Rules for Medicaid Administrative Fair Heanngs of the Wyoming Medicaid rules, which definition is incorporated by this reference;

(d) "Applicant" means a physician or contracting entity that submits an application for assistance;

(e) "Application" means the form, specified by the Department, on which an applicant indicates an interest in receiving assistance;

(f) "Application date" means the post-marked date of an application for assistance, or the date it is stamped into the Department if it is hand-delivered;

(g) "Approve" is the Department's determination that a physician or a contracting entity is eligible for assistance;

(h) "Assistance" means a loan pursuant to this Act that permits a physician or a contracting entity to purchase specified insurance coverage or participate in a risk retention group. The total amount of assistance available shall be limited to that amount appropriated by the Wyoming Legislature for this program;

(i) "Capital contribution" means a payment, other than a premium or an annual fee, made to a risk retention group as a condition of participation in the group;

(j) "Child Health Insurance Program (CHIP)" means the Child Health Insurance Program created by 2003 Wyo. Sess. Laws 0064 (codified at W.S. W.S. W.S. 35-25-101 et seg.), and administered by the Department;

(k) "Claims-made policy" means a malpractice insurance policy, which provides liability coverage to a physician for events that occur during the policy period and for which a claim is made during the policy period;

(l) "Contested case" means "Contested case" as defined in Chapter 1, Rules for Medicaid Administrative Fair Hearings of the Wyoming Medicaid rules, which definition is incorporated by this reference;

(m) "Contract" means an agreement between a physician or a contracting entity and the Department under which the Department agrees to provide assistance under this Act in exchange for an agreement by the physician or contracting entity to comply with the statutory requirements of this Act, as well as requirements promulgated under this Chapter;

(n) "Contracting entity" means an entity which contracts with a Wyoming licensed health care facility to provide physician services to the facility and which in fulfillment of such a contract procures medical malpractice insurance for physicians providing the contracted services;

(o) "Department" means the Wyoming Department of Health, its agent, designee, or successor;

(p) "Director" means the director of the Department, the director's agent, designee, or successor;

(q) "Documentation" means written evidence, in the form specified by the Department, to support an assertion or position;

(r) "Insurer" means any person engaged as indemnitor, surety or contractor in the business of entering into contracts of insurance or of annuity;

(s) "Malpractice insurance" means an insurance policy that insures a physician, a contracting entity, or both, against liability for medical malpractice;

(t) "Medicaid" means medical assistance and services provided pursuant to Title XIX of the Social Security Act or the Wyoming Medical Assistance and Services Act of 1967, as amended. "Medicaid" includes any successor or replacement program enacted by Congress or the Wyoming Legislature. "Medicaid" in Wyoming is also known as "Equality care";

(u) "Medicare" means the health insurance program for the aged and disabled under Title XVIII of the Social Security Act.

(v) "Physician" means a person licensed under W.S. W.S. W.S. 33-26-303.

(w) A "prime interest rate" means the prime interest rate as established by the Federal Reserve System.

(x) "Promissory note" means a written promise to pay a specified sum of money to the bearer of the note at a specified time or on demand. Under this Act, the Promissory note will be the contract between the physician or contracting entity and the Department;

(y) "Program" means the Malpractice Insurance Assistance Program created by the Act and implemented by this Chapter;

(z) "Provider" means "Provider" as defined in Chapter 3, Provider Participation, of the Wyoming Medicaid rules, which is incorporated by this reference;

(aa) "Public records" means "Public records" as defined in W.S. 16-4-20 l(a)(v), which is incorporated by this reference;

(bb) "Risk retention group" is as defined in W.S. W.S. W.S. 26-36-103(a)(i). However, assistance under this Chapter is limited to participation in risk retention groups in which, the majority of ownership is held by physicians who are licensed and practicing in Wyoming;

(cc) "Security interest" means interest in property obtained pursuant to a security agreement.

Notes

048-1 Wyo. Code R. § 1-4