(a) Deceptive Representation or Advertisement. - (i) An adult day care facility shall not make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made an advertisement of any sort regarding services or anything so offered to the public, which contains any promise, assertion, representation, or statement of fact which is untrue, deceptive, or misleading.
(b) Operational Responsibilities. - (i) The provider shall be responsible for the overall planning of the program and services to be provided by the facility. The operational responsibilities of the provider shall include, but not be limited to, the following:
- (A) To develop an internal policy manual including a written statement of the purpose and scope of the services to be provided by the center facility, a description of adults who may be accepted into the program as well as those whom the program cannot serve, and written policies under which the facility will operate;
- (B) To ensure that the facilitys activities, services, and buildings are maintained in compliance with the Program Administration Rules and Regulations for Adult Day Care Facilities, and with other relevant federal, state, or local laws and regulations;
- (1) A copy of the facilitys license and the Program Administrations survey report will be maintained in the facility for public inspection.
- (2) A copy of the survey report will be sent to the Wyoming Long-Term Care Ombudsman office by the Program Administration staff.
- (C) To appoint and identify in writing a director to be responsible for the day-to-day operation and management of the facility.
- (D) To provide for qualified staff capable of carrying out the operation of the program;
- (E) To develop a written organizational chart indicating lines of authority and a staffing plan which includes a staffing schedule;
- (F) To establish sound policies under which the facility shall operate; and
- (G) To ensure sound financial management of the facility.
(c) Financial Responsibilities. - (i) The applicant shall provide the Division on Aging with the following evidence of financial responsibility:
- (A) A projected budget detailing income and expenses of the proposed facility for the first year of operation;
- (B) A complete balance sheet showing separately the current assets committed to and current liabilities charged against the proposed facility; and
- (C) Documentation of funds or credit available for the first one (1) year of operation.
- (ii) The facility shall maintain public liability insurance for bodily injury with a minimum limit of at least $500,000 each occurrence/ $500,000 aggregate. Evidence of insurance coverage shall be made available to the Division on Agings representative upon request.
(d) Record-keeping Responsibilities. - (i) The provider shall ensure that the facility maintains an adequate system of record keeping to comply with these rules.
- (ii) All participants records shall be treated confidentially.
- (iii) Records shall be updated and kept current as changes occur.
- (iv) If the participant or legal guardian consents in writing, participant records shall be shared with other facilities/agencies upon referral or discharge.
- (v) All records required by these rules both for participants and personnel shall be kept in a locked cabinet or area and retained at the facility for six years after termination of enrollment or termination of employment, unless specified otherwise.