048-2 Wyo. Code R. §§ 2-6 - [Effective until 9/26/2024] Denial and Revocation of Certification

(a) The Department may deny a certification application, including an application to renew certification, or revoke a certification on the following grounds:

(i) Failure to submit a complete application in the form and manner established by the Department;

(ii) Failure to comply with Section 8 of this Chapter if a provider is not nationally accredited;

(iii) Failure to maintain national accreditation if national accreditation is required under Section 2(b) of this Chapter;

(iv) Failure to provide services in accordance with the applicable standard of care for the profession involved;

(v) Existence of a condition creating serious detriment to the health, safety, or welfare of clients;

(vi) Failure to complete a resolution plan or failure to submit a resolution plan within required timelines under Chapter 4 of these Rules; or

(vii) Prior revocation of a certification by the Department within three (3) years previous to the date the renewal application is submitted.

(b) If the Department denies a certification application or revokes a certification, the Department shall notify the provider in writing of the action. The notice must:

(i) State the grounds for the action; and

(ii) Inform the provider of its right to an administrative hearing proceeding pursuant to the Wyoming Administrative Procedure Act, located at W.S. § 16-3-101 to -115, and these Rules.

(c) Prior to revoking a certification, the Department may offer a provider an opportunity to correct each deficiency that would serve as grounds for the prospective revocation, based on the following conditions:

(i) The Department's offer to correct must be in writing and state each deficiency that would serve as grounds for the prospective revocation of the provider's certification.

(ii) The provider shall submit a resolution plan to the Department within ten (10) business days from the provider's receipt of the Department's written offer to correct. A resolution plan must be in writing and provide:

(A) Who will be charged with the responsibility to correct each deficiency stated in the Department's offer;

(B) What will be done to correct each deficiency;

(C) How the resolution plan will be incorporated into the provider's quality management program;

(D) Who will be charged with monitoring to ensure each deficiency does not occur or develop again; and

(E) The deadline by when the provider expects to correct each deficiency, which may not exceed sixty (60) calendar days after the Department's offer was issued.

(iii) The Department may reject a resolution plan if the plan fails to satisfy the criteria enumerated under subsection (c)(ii) of this Section.

(iv) The Department's offer to correct is deemed to be rescinded if:

(A) The Department rejects the provider's resolution plan; or

(B) The provider fails to timely submit a resolution plan.

(v) If the Department's offer to correct is rescinded, the provider is not entitled to challenge the rescission through an administrative hearing proceeding pursuant to the Wyoming Administrative Procedure Act.

(vi) If the Department accepts the provider's resolution plan and the provider fails to correct each deficiency by the established deadline, the provider's failure to correct may serve as independent grounds for revocation under this section.

(d) The Department may not offer a provider an opportunity to correct unless the Department finds that each deficiency:

(i) Does not include the existence of a condition creating serious detriment to the health, safety, or welfare of clients; and

(ii) Can reasonably be corrected within sixty (60) calendar days of the Department's offer.

Notes

048-2 Wyo. Code R. §§ 2-6

Adopted, Eff. 4/9/2020. Amended, Eff. 5/29/2024, exp. 9/26/2024 (Emergency).