048-2 Wyo. Code R. §§ 2-6 - [Effective 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 a contested case 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 may not offer a provider an opportunity to correct unless the
Department finds that each deficiency:
(A)
Does not include the existence of a condition creating serious detriment to the
health, safety, or welfare of clients; and
(B) Can reasonably be corrected within sixty
(60) calendar days of the Department's offer.
(ii) 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.
(iii) The provider shall submit an acceptable
resolution plan to the Department within ten (10) business days from the
provider's receipt of the Department's 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.
(iv) The Department may reject a resolution
plan if the plan fails to satisfy the criteria enumerated under subsection
(c)(iii) of this Section.
(v) 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.
(vi) If the Department's offer to correct is
rescinded, the provider is not entitled to challenge the rescission through a
contested case proceeding pursuant to the Wyoming Administrative Procedure
Act.
(vii) If the Department
accepts the provider's corrective action 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.
Notes
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