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 licensure 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.
- (C) Applicant shall demonstrate full compliance with the licensure requirements in paragraph (b) of this section.
- (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 annual renewal licensure survey deficiencies cited by the Survey Division;
- (ii) Life Safety Code deficiencies cited by the Survey Division;
- (iii) Complaint investigations and resolutions;
- (iv) Compliance with all laws and standards relating to communicable and reportable diseases as required by the Department of Health State Health Officer and Public Health Division; and
- (v) The effectiveness of the quality management program.
(c) Transfer of License. - (i) No license granted shall be assigned or transferred by the licensee without prior approval of the Licensing Division.
- (A) Requests to assign or transfer a Nursing Care Facility 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 owner.
- (ii) If the Nursing Care Facilitys name is changed, the Licensing Division shall be advised in writing, before the name is changed, by the current licensee and a new license will 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) Suspension of Admissions. - (i) The Licensing Division may suspend new admissions or re-admissions to the Nursing Care Facility when conditions are such that resident needs cannot be met. Conditions in a Nursing Care Facility shall not jeopardize the residents health or safety.
(f) Monitor. - (i) The Licensing Division may place a Department of Health approved monitor at the owners expense when conditions are such that residents needs are not being met by the Nursing Care Facility. The monitor shall insure that neither the health nor the safety of the resident is jeopardized.
(g) Hearings. - (i) Any Nursing Care Facility aggrieved by a decision of the Licensing Division may request a hearing by submitting a written request to the Licensing Division within ten (10) days of receipt of the adverse action.
- (ii) Except in matters concerned with the spread of communicable disease, the Licensure 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.
(h) Posting of License.
(i) The current license issued by the Licensing Division shall be displayed in a public area within the Nursing Care Facility. - (i) Surveys for Licensure.
- (i) The Survey Division or its designated representative shall perform initial and periodic surveys for the renewal of licensure.
- (A) These surveys shall be based on the current Licensure and Program Administration Rules and Regulations for Nursing Care Facilities as promulgated by the Wyoming Department of Health. If there are conflicts between the Licensure and Program Administration Rules, the Licensure Rules take precedence.
- (B) The Survey Division shall provide, within ten (10) working days after the last day of survey, copies of its cited deficiencies to the Nursing Care Facility and Program Division.
- (C) The Nursing Care Facility shall provide an acceptable plan of correction for all cited deficiencies, within ten (10) working days after receipt of the deficiencies, to the Licensing Division.
- (ii) At the time of survey, all records, including resident medical records, pertaining to matters involved in the survey shall be made available to members of the survey team in their assigned disciplines.
(j) Voluntary Closure. - (i) If a Nursing Care Facility voluntarily ceases to operate, it shall notify the Licensing Division in writing at least thirty (30) working days prior to the closure.
- (ii) The first working day after closure, the Nursing Care Facilitys license shall be hand carried to 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.
048-19 Wyo. Code R. § 19-5