Wyo. Code R. 048-0053-7
State Hospital
Chapter 7: Standards for the Designation of Hospitals and Treatment Providers
Effective Date: 04/04/2017 to Current
Rule Type: Current Rules & Regulations
Reference Number: 048.0053.7.04042017
Standards for the Designation of Hospitals and Treatment Providers
This Chapter is promulgated by the Department of Health (“the Department”) pursuant to the Involuntary Commitment Act, (“the Act”) at Wyo. Stat. Ann. §§ 25-10-101 through -305, and the Wyoming Administrative Procedure Act at Wyo. Stat. Ann. §§ 16-3-101 through -115.
(a) These rules have been adopted to establish standards for the designation of hospitals and to define the conditions under which the Department may enter into a contract or agreement with a designated hospital or treatment provider for the inpatient psychiatric treatment or community-based treatment of persons with mental illness pursuant to Wyo. Stat. Ann. § 25-10-104.
(b) The Department may issue manuals or bulletins to interpret the provisions of these rules which reflect the policies contained in these rules and regulations. The provisions contained in manuals or bulletins shall be subordinate to the provisions of these rules and regulations.
(a) Designated hospitals or treatment providers shall have a safe and secure location to hold an individual who is emergently detained under Wyo. Stat. Ann. § 25-10-109 in a suitable setting pursuant to the Act and based on the patient’s condition.
(b) Designated hospitals or treatment providers shall provide treatment services with the patient’s consent or allow access to the patient by treatment provider staff or the patient’s private mental health provider for purposes of providing treatment with the patient’s consent. Treatment services may be provided without patient consent or the consent of his parent or guardian when treatment is limited to diagnosis or evaluation or when treatment is necessary to prevent immediate and serious physical harm to the person or others pursuant to Wyo. Stat. Ann. § 25-10-109(f).
(c) Designated hospital staff or treatment provider staff shall have access to ongoing psychiatric consultation services provided by the Wyoming State Hospital for purposes of prescribing and monitoring psychotropic medications.
(d) Designated hospital staff or treatment provider staff may also consult with the Wyoming State Hospital staff in advance of the following anticipated extended hospital stays:
(e) If the patient's symptoms resolve so that emergency detention or involuntary hospitalization are no longer required prior to the patient's transfer to the Wyoming State Hospital, the designated hospital or treatment provider shall file the appropriate documentation evidencing the reason for the patient's release as required by Wyo. Stat. Ann. § 25-10-116(b). If a hearing is requested, the designated hospital or treatment provider must appear to explain and support its decision that the patient no longer meets the criteria for emergency detention or involuntary hospitalization.
(f) If conditions justifying hospitalization continue to exist, the designated hospital or treatment provider shall send the court notice of the determination for continued hospitalization, including a detailed statement of the factual basis for the determination. Notice of the determination shall also be sent to the patient and the person responsible for the patient's care and custody. As required by Wyo. Stat. Ann. § 25-10-116(c) the notice shall include:
(a) Pursuant to Wyo. Stat. Ann. § 25-10-104, the Department may enter into a contract or agreement with a designated hospital for the provision of inpatient psychiatric treatment if the designated hospital meets one of the following qualifications:
(i) A hospital which meets the "special provisions applying to psychiatric hospitals," pursuant to 42 C.F.R. § 482.60;
(ii) A general hospital with a specific inpatient psychiatric unit;
(iii) A hospital without a specific inpatient psychiatric unit with psychiatric services available, to include a psychiatrist as a member of the medical staff of the hospital;
(iv) Other licensed treatment facilities which have psychiatrists available for consultation such as residential crisis stabilization centers; or
(v) A Wyoming hospital that does not have specific psychiatric services, but admits a patient on an emergency basis when no other appropriate level of care is available.
(b) To enter into a contract or agreement with the Department, the hospital or facility must submit a letter of intent to the Wyoming State Hospital. Enclosed with the letter of intent must be the following documents:
(i) A copy of the hospital's or facility's license issued by the state survey agency; and (ii) A copy of the hospital or facility’s most recent JCAHO or CARF accreditation certificate or Centers for Medicare and Medicaid (CMS) certification.
(c) Once verification of all documents has been completed by the Wyoming State Hospital, notification of acceptance or rejection will be provided to the hospital. If the hospital is accepted, a contract or agreement outlining the hospital’s or facility’s responsibilities with regard to accepting patients and providing treatment for persons with mental illnesses, as defined in Wyo. Stat. Ann. § 25-10-110, will be initiated by the Division.
(d) Contract or agreement extensions or the development of new contracts or agreements will be completed biennially pending receipt by the Wyoming State Hospital of the documents listed in Section 4(b)(i) and (ii).
(e) The contract or agreement shall require compliance with these rules.
(a) The order in which the provisions of this Chapter appear is not to be construed to mean that any provision is more or less important than any other provision.
(b) The text of this Chapter shall control the titles of its various provisions.
When promulgated, this Chapter supersedes all prior rules or policy statements issued by the Department, including manuals or bulletins, which are inconsistent with this Chapter.
If any portion of this Chapter is found to be invalid or unenforceable, the remainder shall continue in full force and effect.