Wyo. Code R. 048-0003-2
Effective Date: 12/05/2005 to Current
Rule Type: Current Rules & Regulations
Reference Number: 048.0003.2.12052005
AGING DIVISION OPERATIONAL RULES
Section 1. Compliance. The Division shall require that all grantees/contractors comply with the rules set forth herein.
Section 2. State plan. A state plan on aging shall be developed by the Division at the time specified in the Older Americans Act. The plan shall:
(a) Provide for a comprehensive and coordinated system for services as specified in the Older Americans Act.
Section 3. Division Records. Records shall be maintained as follows:
(a) Program, fiscal and personnel records shall be maintained in compliance with state and federal requirements and shall be housed in the Division office until such time as they are no longer needed for current management use.
(b) The Administrator of the Division shall designate a person who shall maintain and manage the Division records file.
(c) The records file will be reviewed annually by designated Division staff and a determination will be made if individual records are to be:
(i) Held at the Division; stored in Archives; or, destroyed.
(d) The Division shall notify all grantees/contractors of the date until which fiscal reports need to be retained by such grantees/contractors.
(e) If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of a three year period, after an audit is closed, the records shall be retained until completion of the action and resolution of all issues that arise from it, or until the end of this regular three year period, whichever is longer.
(f) All grantees/contractors shall document record retention from the designated date, in accordance with Section 4(a) - (e).
Section 4. Hearing Process - Appeal.
(a) The Division shall provide an opportunity for a hearing for:
(i) An eligible entity applying for designation as a planning and service area whose application has been denied.
(ii) An eligible entity whose application for designation as a planning and service has been approved, but the designation of an area agency on aging has been withheld by the Division.
(iii) A grantee/contractor who was providing nutritional services under the Older Americans Act before 1978, and whose application has been denied.
(iv) Any other grantee/contractor whose application to provide services has been denied.
(v) A grantee/contractor under termination, suspension, reduction of funds, or audit exception by the Division for failure to comply with the terms of the grant or contract.
(vi) An individual after exhaustion of the local hearing process, if:
(A) The individual believes that he or she has been denied a service that is available under the grant/contract because the local policy is stricter than the federal or state law or policy covering either the service or eligibility; and
(B) The individual has already requested and been denied a hearing from the grantee/contractor; or
(C) The grantee/contractor has conducted a hearing and found against the individual.
(b) If an eligible entity, grantee/contractor or individual seeks a hearing because of any Division action taken pursuant to Section 4 (a) (i)-(vi) of this Chapter, the individual, grantee/contractor, or eligible entity must:
(i) Submit a written request to the Division not later than thirty (30) calendar days following the receipt of notice of action taken by the Division or grantee/contractor, pursuant to Section 4(a)(i)-(v). The written request must include, as a minimum:
(A) A statement of the action taken by the grantee/contractor or Division;
(B) An outline of the reasons for questioning the action taken by the grantee/contractor or Division; and
(C) A summary statement of any new or unique situations occurring after the determination was made that could have an impact on the decision.
(c) The Division shall, within thirty (30) days following the receipt of a request for a hearing:
(i) Notify all parties of the time, date and place of the hearing, which shall be set not later than ninety (90) days after the receipt of the request for the hearing;
(ii) Appoint an impartial hearing officer;
(iii) Enter an order within fifteen (15) days of the hearing, based upon findings of fact and conclusions of law, prepared by the impartial hearing officer; and
(iv) Send written notification of the order to all parties by certified mail.
(d) The Contestant shall:
(i) Present his/her arguments refuting the basis for the denial of service area, designation, or approval of a grant or contract.
(ii) Have an opportunity to be represented by legal counsel or any other representative of their choosing;
(iii) Have an opportunity to present witnesses and evidence and to question the witnesses and evidence offered by the Division.
(iv) Provide to the Division access to the individual's, grantee's or eligible entity's records containing information not yet submitted to the Division, but relevant to the contested action; and
(v) Provide to the Division an opportunity to question the witnesses and evidence offered by the contestant.
(e) The Division may terminate formal hearing procedures at any point if the Division and the contestant negotiate a written agreement resolving the issue(s) that led to the hearing, or when the contestant withdraws, in writing, his/her request for a hearing.
(f) If the proposed action would suspend or terminate the contract, grant or services already being provided to the contestant, funding or provision of services shall be continued until an order is entered by the Division.
(g) Payment provided to the contestant while the decision is under appeal will be repaid to the Division or grantee by the contestant within thirty (30) days after a Division order finding against the contestant has been entered.
(a) The Division shall hold at least one public hearing in the state on a New State Plan.
(i) The public hearing shall include:
(A) Forty-five (45) days public notice of time and place in at least one (1) newspaper of statewide circulation;
(B) Access to information upon which the meeting is being held; and
(C) Opportunity to present written and/or oral comment on the issues.
(ii) A written summary of review and comments received at the public hearing shall be kept on file at the Division.
(b) The Division shall give public notice as prescribed by the Secretary of State, of new rules or changes in current rules and regulations.
(a) The Division shall monitor, assess, evaluate and provide technical assistance to grantees/contractors as specified below:
(i) Monitoring: The Division will review and analyze required monthly and quarterly program performance reports and fiscal reports.
(A) The Division staff will periodically conduct an on-site review of each grantee to evaluate individual client records and reports, and to ensure that:
(I) Services to individual clients are being provided as requested on the intake form;
(II) Services are received according to each client's functional status;
(III) Each client's physical and emotional well-being and safety are being taken into consideration;
(IV) Care plans, contracts, and service agreements are followed as specified; and
(V) Quality of life and of care is assured in each individual case, consistent with an approved plan and funding.
(ii) Assessing: The Division will annually conduct an on-site review of each grantee to compare objectives and budgets with performance reports and annualized expenditures, in compliance with the terms of the grant.
(A) A written report will be sent to the grantee within thirty (30) days of the on-site review.
(iii) Evaluating: The Division will annually evaluate program and fiscal year-end performances of each contract by:
(A) Requiring a written close-out report of each objective in the grant sixty (60) days after the end of the fiscal year; and
(B) Reviewing the fiscal reports for the year with the close-out report, to ensure that they are in compliance with the terms of the grant.
(iv) The Division will provide expertise to grantees/contractors through on-site visits, telephone calls, written correspondence or other material, in-office visits, referrals, training or research if:
(A) Requested; or
(B) Compliance issues indicate corrective action is needed; or
(C) Deficiencies are found.
(b) If deficiencies or non-compliances are found, the Division will:
(i) Work with the grantee to determine the corrective steps and/or plan of action to be taken by the grantee;
(ii) Develop a written plan of action and/or corrective steps to be completed by a mutually agreed upon date, not later than ninety (90) days from the date of the agreed upon plan of action; and
(iii) Reassess or re-evaluate the grantee by at least the next annual assessment or evaluation, whichever comes first, for compliance with the plan of action.
Section 7. Review and Comment. The Division shall review and comment on all state plans, budgets and policies affecting the elderly by the following:
(a) The Division will develop procedures, in cooperation with appropriate State agencies, to receive for comment state plans, policies, budgets, and applications that may affect the elderly in Wyoming.
(b) Copies of comments will be sent to the entities developing such state plans, policies, and budgets affecting the elderly.
Section 8. Interagency Agreements. The Division will develop, and update periodically, interagency agreements regarding services for the elderly by the following:
(a) Developing current and projected coordinated activities at the state and local level by identifying services affecting the elderly;
(b) Reviewing the agreements at state and local levels for compliance with the terms of the interagency agreement; and
(c) Submitting proposed agreements, memoranda of understanding or similar undertakings, to the State Planning Coordinator's Office for clearance before execution and implementation thereof.
Section 9. Confidentiality. Records of the grantee/contractor pertaining to any client and/or person making a client referral under any program shall be kept confidential.
Section 10. Liability. Each grantee/contractor shall assure that liability for the service provided is insured through maintenance of a liability insurance policy or through a subcontract thereof.
Section 11. Public Meetings. The Division on Aging Advisory Council meeting will be open to the public.