048-22 Wyo. Code R. § 22-5 - Licensure
(a) Licensing Procedure.
(i) For an initial license to be issued, the
State Survey Agency shall receive:
(A) A
completed application form supplied by the State Survey Agency, including the
completed items identified on the Rehabilitation Hospital Licensure Checklist
supplied by the State Survey Agency.
(B) Each completed application shall be
accompanied by the required licensure 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.
(ii) For renewal of a full license for one
(1) year beginning July 1, and unless suspended or revoked, expiring on June 30
of the following year, the State Survey Agency shall receive:
(A) A completed application form submitted no
later than the date indicated in the renewal notice posted on the State Survey
Agency website at: http://www.health.wyo.gov/ohls [File Link Not Available]
and
(B) The licensure fee required
in paragraph (a)(i)(B) of this section.
(b) Requirements for Licensure. The State
Survey Agency shall consider:
(i) Initial,
re-licensure, and complaint survey deficiencies cited by the State Survey
Agency;
(ii) Life Safety Code
deficiencies cited by the State Survey Agency;
(iii) Complaint investigations and
resolutions;
(iv) Compliance with
all laws and standards relating to communicable and reportable diseases, as
required by the Wyoming Department of Health, State Health Officer, and Public
Health Division; and
(v) The
effectiveness of the quality management program to evaluate and improve patient
care and services.
(c)
Transfer of license.
(i) Transfer or
assignment of a rehabilitation hospital license is prohibited. The
rehabilitation hospital shall comply with licensure requirements in paragraph
(d) of this section in the event of a change in the ownership of a
rehabilitation hospital.
(d) Change of Ownership.
(i) A change in ownership of a rehabilitation
hospital occurs when there is a change in the legal entity responsible for the
operation of the rehabilitation hospital, whether by lease or by
ownership.
(ii) If the
rehabilitation hospital is also certified for Medicare and/or Medicaid, the
change of ownership determination by the Centers for Medicare and Medicaid
Services will also be used to determine the licensure change in
ownership.
(iii) The new owner
shall submit no later than sixty (60) calendar days prior to the event the
following items:
(A) A change in ownership
application for licensure with the appropriate fee, as required in paragraph
(a)(i)(B) of this section.
(B) The
checklist items required for an initial applicant.
(iv) Within twenty-four (24) hours of the
final transaction, the new owner shall submit a copy of the signed bill of sale
or lease agreement that reflects the effective date of the sale or
lease.
(e) Other
changes. A licensure application and appropriate fee, as required in paragraph
(a)(i)(B) of this section, shall be required for any of the following changes
to be processed:
(i) Name change of the
rehabilitation hospital.
(ii) The
number of licensed beds increased or decreased.
(iii) Change in the main rehabilitation
hospital address or ancillary locations.
(f) Provisional Licenses.
(i) A provisional license is a temporary
license that may be issued in the following instances:
(A) For a new licensed provider.
(B) For a change in ownership, if deemed
appropriate by the State Survey Agency.
(C) Following a successful licensure
construction inspection for space that has not previously been occupied by
patient's, residents, or clients. During the aforementioned inspection, there
can be no deficiencies cited that could potentially result in harm to the
patient's, residents, or clients.
(D) Following a successful licensure
construction inspection for space that has undergone expansion and remodel to
the extent that significant structural, mechanical, plumbing, or fire safety
changes have been made to the space occupied by patient's, residents, or
clients.
(E) Whenever deficiencies
are cited that are serious and have resulted in harm or potential harm to
patient's, residents, or clients.
(F) Whenever the facility fails to
satisfactorily correct cited deficient practices.
(G) Whenever the facility fails to comply
with any requirement of these rules.
(ii) The state Medicaid office will be
notified by the State Survey Agency whenever a provisional license is issued or
re-issued.
(iii) A provisional
license will be issued with an expiration date to be determined by the State
Survey Agency at the time of issuance.
(iv) A provisional license may be re-issued
for an additional extended time, if deemed appropriate by the State Survey
Agency.
(v) If a provisional
license is issued in lieu of a regular license, the facility must return the
regular license to the State Survey Agency by certified mail or hand delivery
to Wyoming Department of Health, Aging Division, Healthcare Licensing and
Surveys, 6101 Yellowstone Rd., Ste. 186C, Cheyenne, WY 82002.
(vi) The provisional license shall be
displayed in a public area within the rehabilitation hospital.
(g) 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, with state statute or federal law or
federal rules and regulations.
(h) Suspension of Admissions.
(i) The State Survey Agency may suspend new
admissions or re-admissions to the rehabilitation hospital when conditions are
such that patient needs cannot be met. Conditions in a rehabilitation hospital
shall not jeopardize the patient's health or safety.
(i) Monitor.
(i) The State Survey Agency shall place a
Wyoming Department of Health approved monitor at the rehabilitation hospital's
expense when conditions are such that patient's needs are not being met by the
rehabilitation hospital. The monitor shall insure that neither the health nor
the safety of the patient's is jeopardized.
(j) Hearings.
(i) Any rehabilitation hospital aggrieved by
a decision of the State Survey Agency may request a hearing by submitting a
written request to the State Survey Agency within ten (10) calendar days of
receipt of the notice of adverse action.
(ii) The State Survey Agency (State Survey
Agent or designee) shall provide an opportunity for a hearing, if requested,
and shall present the evidence supporting any preliminary licensure decision(s)
and reason(s) to the parties concerned. Any request for hearing shall adhere to
the time frames in (i) above.
(iii)
In matters concerned with the spread of communicable disease that may require
the utilization of quarantine or isolation, the Wyoming State Health Officer or
designated representative shall provide an opportunity for a hearing as
outlined in
W.S.
35-4-112.
(iv) Hearings requested under this rule shall
be held in accordance with the provisions of the Wyoming Administrative
Procedure Act.
(k)
Posting of License.
(i) The current license
issued by the State Survey Agency shall be displayed in a public area within
the rehabilitation hospital.
(l) Surveys for Licensure.
(i) The State Survey Agency or its designated
representative shall perform initial and periodic surveys for the renewal of
licensure.
(A) These surveys shall be based
on the current Rules and Regulations for Licensure of Rehabilitation Hospitals
promulgated by the Wyoming Department of Health.
(B) The State Survey Agency shall provide
copies of its cited deficiencies to the rehabilitation hospital within ten (10)
working days after the last day of the surveys.
(C) The rehabilitation hospital shall provide
an acceptable plan of correction to the State Survey Agency for all cited
deficiencies within ten (10) calendar days after receipt of the deficiencies.
The plan of correction shall be a written document and shall provide, but not
be limited to, the following information:
(I)
Who is responsible for the correction.
(II) What was done or will be done to correct
the deficiency.
(III) Who will
monitor to ensure that the situation does not again develop.
(IV) An appropriate date, not to exceed
forty-five (45) calendar days after the last day of survey, for the correction
of deficiencies.
(ii) At the time of survey, all records,
including patient medical records, pertaining to matters involved in the survey
shall be made available to members of the survey team as requested. Surveys may
be conducted as focused, off-site administrative reviews, in which case
specific records or categories of records will be requested by the State Survey
Agency for review. The results of all surveys, including complaint
investigations and administrative reviews, will be shared with the
rehabilitation hospital's administrator and other pertinent staff.
(m) Voluntary Closure.
(i) If a rehabilitation hospital voluntarily
ceases to operate, it shall notify the State Survey Agency in writing at least
sixty (60) working days prior to closure.
(ii) The first working day after closure, the
facility must return the license to the State Survey Agency by certified mail
or hand delivery to Wyoming Department of Health, Aging Division, Healthcare
Licensing and Surveys, 6101 Yellowstone Rd., Ste. 186C, Cheyenne, WY
82002.
Notes
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