Applicants must demonstrate full compliance with paragraphs (a) and (b) of this section.
(a) Licensing Procedure. - (i) For an initial license to be issued, the Licensing Division shall receive:
- (A) A completed application form as supplied by the Licensing Division;
- (B) Each completed application shall be accompanied by the required licen-sure 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; and
- (C) An applicant shall demonstrate full compliance with the licensure requirements in paragraph (b) of this section.
The effective date of the initial license shall be:
The date of the survey, if there are no deficiencies.
- (II) If deficiencies exist, the date that an acceptable plan of correction is developed after the survey.
- (ii) For renewal of a full license for one year beginning July 1st and, unless suspended or revoked, expiring on June 30th of the following year, the Licensing Division shall receive:
- (A) A completed application form by the date stated in the application cover letter supplied by the Licensing Division; and
- (B) The license fee as required in paragraph (a)(i)(B) of this section.
(b) Requirements for Licensure. The Licensing Division shall consider: - (i) Initial and periodic renewal licensure survey deficiencies cited by the Survey Division;
- (ii) Complaint investigations and resolutions; and
- (iii) Compliance with all laws and standards relating to communicable and report-able diseases as required by the Department of Health, State Health Officer and Public Health Division.
(c) Transfer of License. - (i) No license shall be assigned or transferred by the licensee without prior written approval of the Licensing Division.
- (A) Requests to assign or transfer a Home Health Agency license shall be submitted in writing by the licensee to the Licensing Division at least thirty (30) days prior to the planned date of assignment or transfer.
- (B) Any license approved for assignment or transfer by the Licensing Division shall be subject to the plan of correction for licensure submitted by the previous licensee.
- (ii) If the Home Health Agency name is changed, the Licensing Division shall be advised in writing, before the name is changed, by the current licensee and a new license shall be issued upon the receipt of an application and licensure fee.
(d) 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.
(e) Hearings. - (i) Any Home Health Agency aggrieved by a decision of the Licensure Division may request a hearing by submitting a written request to the Licensure Division within ten (10) days of receipt of the adverse action.
- (ii) Except in matters concerned with the spread of communicable disease, the Li-censure Division (Nurse Administrator or designated representative) shall present the preliminary decisions and reasons for the decision to the parties concerned and shall provide an opportunity for a hearing. Any request for hearing shall adhere to the time frames of (i) above.
- (iii) In matters concerned with the spread of communicable disease, the Wyoming State Health Officer or designated representative shall present the preliminary decisions and reasons for the decision to the parties concerned and shall provide an opportunity for a hearing. Any request for a hearing shall adhere to the time frames in (i) above.
- (iv) Hearings requested under the terms of these licensure rules shall be held in accordance with the provisions of the Wyoming Administrative Procedures Act.
(f) Posting of License. - (i) The current license issued by the Licensing Division shall be displayed in a public area within the Home Health Agency.
(g) Surveys for Licensure. - (i) The Survey Division shall perform initial and periodic surveys for renewal of licensure.
- (A) These surveys shall be based on but not limited to:
- (i) The requirements of the current Licensure and Program Administration Rules and Regulations for Home Health Agencies as promulgated by the Wyoming Department of Health. If there are conflicts between the Licensure and Program Administration Rules, the Licensure Rules take precedence.
- (ii) Results of in home visits performed by survey staff;
- (iii) Review of client medical records; and the
- (iv) Effectiveness of the home health agencys quality management program.
- (B) The Survey Division shall provide within ten (10) working days after the last day of survey, copies of its cited deficiencies to the Home Health Agency and the Program Division.
- (C) The Home Health Agency shall provide an acceptable plan of correction for all cited survey deficiencies, within ten (10) working days after receipt of the deficiencies, to the Licensing Division.
- (D) The Licensing Division shall provide written notification to the Home Health Agency and to the Program Division as to whether the plan of correction is or is not acceptable. This notification shall be provided within ten (10) working days after receipt of the plan of correction.
(h) Voluntary Closure. - (i) If a Home Health Agency voluntarily ceases to operate, it shall notify the Licensing Division in writing at least thirty (30) calendar days prior to the closure.
- (ii) The first working day after closure, the Home Health license shall be hand carried or sent by certified mail to the Office of Health Quality; 2020 Carey Avenue, Eighth Floor; Cheyenne, WY 82002.
- (iii) Personnel, financial and client medical records shall be maintained by the licensee for a minimum of six (6) years after the month of closure.
048-10 Wyo. Code R. § 10-5