048-2 Wyo. Code R. §§ 2-4 - Denial, Revocation or Suspension of Designation and Appeals Process

(a) OEMS shall deny an application for designation if it finds in the course of the designation process, that the applying facility:

(i) Is unable to meet the requirements of Chapter 4 of these rules for the level of designation sought;

(ii) Made a false statement of a material fact in its application for designation;

(iii) Refuses to allow representatives of the OEMS to inspect any part of the facility, records, documentation, or files;

(iv) Is unable to meet or comply with the requirements of the approved trauma plan;

(v) Refuses to submit data to the state trauma registry as described in Chapter 3, Section 1 of these rules; or

(vi) Has engaged in unauthorized disclosure of medical or other confidential information.

(b) OEMS shall revoke or suspend designation if any owner, officer, director, or managing employee of a designated facility:

(i) Fails to comply with Section 5(e) of the State of Wyoming Department of Health Standards, Rules, and Regulations for Hospitals and Related Facilities;

(ii) Fails or refuses to comply with the provisions of this Chapter or Chapter 4 of these rules;

(iii) Fails to provide data to the trauma registry;

(iv) Makes a false statement of a material fact in the application for designation or in any record required by this Chapter or in a matter under investigation;

(v) Prevents, interferes with, or attempts to impede in any way, the work of a representative of the OEMS in the lawful enforcement of this Chapter;

(vi) Misrepresents or is fraudulent in any aspect of conducting business, or has been unable or refuses to comply with OEMS requirements; or

(vii) Is substantially out of compliance with the requirements of this Chapter and Chapter 4 of these rules, and has been unable to or refused to comply with OEMS requirements.

(c) The OEMS shall notify a facility in writing of denial, revocation, or suspension of designation. Such notice shall include:

(i) The reasons for the action; and

(ii) Rights of the facility, which include a right to hearing, and may also include the opportunity to submit a plan of correction.

(A) The designated facility found out of compliance with Chapter 4 and this Chapter of these rules shall within thirty (30) working days, submit a plan of correction to the OEMS. The plan shall include steps the facility is to take to correct deficiencies. The OEMS shall provide assistance to the facilities that are out of compliance in order to bring the facility into compliance with these rules.

(B) When the facility submits a plan of correction, the OEMS shall approve or disapprove the plan within thirty (30) working days, unless the OEMS, at its sole discretion, elects to perform a site survey of the facility, in which case the OEMS shall approve or disapprove the plan within sixty (60) working days.

(C) Upon notification that the plan of correction is approved by OEMS, the facility shall implement that plan immediately.

(D) Upon the receipt of satisfactory evidence of correction, which may include a site survey, the OEMS may, at its sole discretion, reinstate designation status.

(E) The facility may appeal decisions of denial, suspension, or revocation of designation. Appeals will be addressed to the OEMS, Department of Health, Hathaway Building, Cheyenne, WY, 82002. Any appeal of the OEMS' decision shall be conducted in accordance with the Wyoming Administrative Procedure Act (W.S. 16-3-101 through W.S. W.S. W.S. 16-3-115 ).

(d) Designation shall, unless earlier evoked or suspended, expire three (3) years after the date of award unless the designee has made a timely and sufficient request for renewal of the designation.

(e) OEMS shall conduct a site survey to inspect the facilities of all applicants, during the initial designation of the trauma facility and the renewing verification of such designation, for compliance of this part and Chapter 4 of these rules. A report of inspection shall be provided to the OEMS within thirty (30) working days after the site survey. Within thirty (30) working days of receipt of the inspection report, the OEMS may accept or reject the plan for designation based upon the findings and recommendations of such reports.

Notes

048-2 Wyo. Code R. §§ 2-4