048-1 Wyo. Code R. § 1-16

Current through April 27, 2019

Section 1-16 - Unethical Conduct

(a) Persons who provide services to vulnerable populations incur special responsibilities. The more dependent the population, the greater the responsibility. ISCs are expected to support the choices and preferences of the person served unless doing so is either illegal or clearly not in the best interests of the person served. Unethical conduct includes but is not limited to the following:

• (i) Flagrant violations of the person serveds preferences without justification,

• (ii) Abandonment of services,

• (iii) Sexual contact with the person served, whether such contact is consensual or not,

• (iv) Misappropriation of property or funds,

• (v) Violations of confidentiality,

• (vi) Verbal or physical abuse,

• (vii) Failure to carry out ISC responsibilities identified in the plan of care,

• (viii) Failing to properly account for and document services provided, and/or billing for undocumented services,

• (ix) Offering premiums, gifts, cash or other inducements as a means of influencing ISC selection. Advertising, without promises of inappropriate inducements is not itself unethical.

(b) Any person believing that unethical conduct has occurred, should report the alleged misconduct immediately to the Division and, as appropriate, to the DD Client Rights Specialist. The Division Administrator will assign appropriate personnel to investigate. During the period of the investigation, the Area Resource Specialist or another ISC may be assigned by the Division to perform the functions of ISC.

(c) An ISC organization or individual ISC provider found by the Division to have engaged in unethical conduct will be required to take corrective action and/or be terminated as an eligible certified provider of ISC services.

(d) The Administrator of the Division shall determine the remedy, including the length of the termination. The remedy shall be based on the seriousness of the unethical conduct.

(e) ISC providers found to have engaged in unethical conduct and subject to Division action may utilize appeal processes under the Medicaid DD HCB waivers or provider contract.

048-1 Wyo. Code R. § 1-16