Section 21-6 - Formal Administrative Hearing Procedure (a) Procedure if action based on state construction requirements. - (i) If a Healthcare Facility receives a notice of one or more deficiencies, mark-ups, or comments with which it disagrees on a set of building plans, or a notice of a pending adverse action from the Department which action is based solely on state construction requirements, the following procedure may be instituted to resolve the issue through an administrative hearing process. The Department prefers to resolve all disputes through the informal review process. However, the formal hearing process may be initiated after the informal process has been exhausted, or may be requested immediately upon notice of a pending adverse action.
- (ii) If a Healthcare Facility requests a formal administrative hearing, it shall provide written request for a formal administrative hearing to the Department within ten (10) working days of receiving notice of the adverse action.
- (iii) The request shall provide the specific details about the issue and the position of the Healthcare Facility.
- (iv) The Department shall refer the matter to the Office of Administrative Hearings (OAH) pursuant to its Contested Case Proceeding Rules, Chapter 2 (2008) and its Evidentiary Hearings and Decision rules, Chapter 3 (2002). Referral to the OAH shall be done within five (5) working days of receipt of the request from the Healthcare Facility.
- (v) Healthcare Facilities are encouraged to request, and the Department will agree if appropriate, to the Expedited Contested Case procedures at Section 11 of Chapter 2 in order to obtain a ruling as quickly and efficiently as possible to prevent any unnecessary delay in the process.
(b) Procedure if action based on federal requirements. - (i) If the responses from the appropriate federal Code authorities (including CMS) are not satisfactory to the Healthcare Facility, it may still request a formal administrative hearing to review the decision.
- (ii) If the Healthcare Facility desires a formal administrative hearing, it shall send a written request for a formal administrative hearing to the Department no later than ten (10) working days after receipt of the Code authority's decision.
- (iii) The request shall provide the specific details about the issue and the position of the Healthcare Facility.
- (iv) The Department shall refer the matter to CMS within five (5) working days of receipt of the request from the Healthcare Facility.
- (v) All formal administrative hearings shall be conducted by CMS according to 42 C.F.R. 498, et seq.
048-21 Wyo. Code R. § 21-6