Applicants must demonstrate full compliance with paragraphs (a) and (b) of this section.
(a) Licensing Procedure. - (i) A provisional license may be issued when:
- (A) a facility is in the process of becoming licensed; and/or
- (B) the facility is not in compliance with the Licensure and Program Administration Rules and Regulations for Assisted Living Facilities; and/or
- (C) no acceptable plan of correction is developed; and/or
- (D) at the discretion of the Licensing Division.
- (ii) The period of a provisional license shall be for no longer than sixty (60) days.
- (iii) A provisional license may be renewed at the discretion of the Licensing Division.
- (iv) 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.
- (C) Applicant shall demonstrate full compliance with the licensure requirements in paragraph (b) of this section.
- (v) 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) Life Safety Code deficiencies cited by the Survey Division;
- (iii) Complaint investigations and resolutions per W.S. 9-2-1306; and
- (iv) 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 granted shall be assigned or transferred by the licensee without prior approval of the Licensing Division.
- (A) Requests to assign or transfer an Assisted Living 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 of transfer by the Licensing Division shall be subject to the plan of correction for licensure submitted by the previous owner.
- (ii) If the Assisted Living Facilitys name is changed, the Licensing Division shall be advised in writing by the current licensee and a new license will be issued upon the receipt of an application and licensure fee.
Change in License Status.
- (i) If the Assisted Living Facility has a change in license status, such as, but not limited to, change in facility name, change in number of beds, etc. the Licensing Division shall be advised in writing by the current licensee and a new license will be issued upon the receipt of an application and license fee.
(e) 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.
(f) Suspension of Admissions. - (i) The Licensing Division may suspend new admissions or re-admissions to the Assisted Living Facility when conditions are such that resident needs cannot be met. Conditions in an Assisted Living Facility shall not jeopardize the residents health and safety.
(g) Monitor. - (i) The Licensing Division may place a Departmental approved monitor at the owners expense when conditions are such that residents needs are not being met by the Assisted Living Facility. The monitor shall insure that the health or the safety of the residents is not in jeopardy.
(h) Hearings. - (i) Any Assisted Living Facility aggrieved by a decision of the Licensure Division may submit a written request within ten (10) days of receipt of the adverse action to the Licensure Division.
- (ii) Except in matters concerned with the spread of communicable disease, the Licensure Division (Nurse I or designated representative) shall review the information submitted and provide a written response and reasons for the decision to the parties concerned within ten (10) days of receipt of the request.
- (iii) In matters concerned with the spread of communicable disease, the Wyoming State Health Officer or designated representative shall review the information submitted and provide a written response to the Licensing Division with ten (10) days of receipt of the request. The Licensing Division will then notify the parties concerned within ten (10) days of the Wyoming State Health Officer or designated representative response.
- (iv) Any Assisted Living Facility still aggrieved by a decision of the Licensure Division may submit a written request a hearing within ten (10) days of receipt of the Licensing Division response in paragraphs (h)(ii) and (h)(iii) of this section
- (v) Hearings requested under the terms of these licensure rules shall be held in accordance with the provisions of the Wyoming Administrative Procedures Act and the contested rules and regulations of the Wyoming Department of Health.
(i) Posting of License. - (i) The current license issued by the Licensing Division shall be displayed in a public area within the Assisted Living Facility.
(j) Surveys for Licensure. - (i) The Survey Divisions 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 Assisted Living 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 Assisted Living Facility and Program Division.
- (C) The Assisted Living Facility shall provide an acceptable plan of correction for all cited deficiencies, within ten (10) calendar days after receipt of the deficiencies, to the Licensing Division.
- (D) If the facility fails to provide an acceptable plan of correction, license revokation proceedings may ensue.
- (E) The Assisted Living Facility shall post the survey results in a manner conducive for public review.
(k) Voluntary Closure. - (i) If an Assisted Living 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 Assisted Living 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.
- (iv) The Assisted Living Facility shall take appropriate discharge action to ensure each resident is properly placed in an alternate and proper care setting prior to closure.