Wyo. Code R. 048-0062-2
Wyoming Life Resource Center
Chapter 2: Administrative Procedure
Effective Date: 07/05/2022 to Current
Rule Type: Current Rules & Regulations
Reference Number: 048.0062.2.07052022
(a) This chapter governs the administrative process and procedures of the Wyoming Life Resource Center (WLRC).
(a) When an applicant is denied admission to the Intermediate Care Facility for People with Intellectual Disabilities (Canyons ICF), the Canyons ICF shall notify the applicant.
(i) The applicant may request that the Canyons ICF reconsider the admission denial within ten (10) calendar days after the date of the denial notification letter.
(b) Canyons ICF shall notify a resident of their discharge from the Canyons ICF ten (10) calendar days before the discharge is set to take place.
(i) A resident may request that the Canyons ICF reconsider the discharge within ten (10) calendar days of discharge notification letter.
(ii) Canyons ICF shall notify a temporary resident of the resident's discharge from a seventy-five (75) calendar day placement at the Canyons ICF within ten (10) calendar days before the discharge is set to take place.
(c) When an applicant is denied admission to the Mountain View Skilled Nursing Facility (Mountain View SNF), Mountain View SNF shall notify the applicant.
(i) The applicant may request that the Mountain View SNF reconsider the admission denial within thirty (30) calendar days after the date of the denial notification letter.
(d) Mountain View SNF shall notify a resident of the resident's transfer or discharge from the Mountain View SNF thirty (30) calendar days before the discharge is set to take place, unless an exception listed under 42 CFR 483.15(c) applies.
(i) A resident may request that the Mountain View SNF reconsider the discharge within thirty (30) calendar days of discharge notification letter.
(a) A resident or applicant may request that the WLRC reconsider an adverse action. If a resident or applicant does not request reconsideration, the resident or applicant may not request an administrative hearing.
(b) A request for reconsideration shall contain the following: (i) The name, address, and telephone number of the applicant or resident requesting reconsideration; (ii) The reason for the request, including the nature of the adverse action; and (iii) Any additional information the resident or applicant would like to provide. (c) The Facility Administrator may request additional information concerning the reconsideration request as needed. (i) Any additional information requested shall be submitted within twenty-five (25) calendar days of the Facility Administrator's request. (ii) The resident or applicant may, upon a showing of good cause, request additional time to respond to the request for additional information. The Facility Administrator may grant such requests as the Facility Administrator deems reasonable and prudent. (d) The facility administrator may request a reconsideration meeting with the applicant or resident prior to making a determination on the reconsideration. (e) The Facility Administrator shall complete review of the request for reconsideration and notify the resident or applicant of the reconsideration decision within forty-five (45) calendar days of the receipt of the request for reconsideration. (f) No provision of this section shall prohibit a resident or applicant from working with the Department to establish informal proceedings for resolution during any point.
(a) If the matter cannot be resolved through reconsideration, a resident or applicant may request an administrative hearing. The resident or applicant shall provide the WLRC with a written request for an administrative hearing within thirty (30) calendar days after the date of the reconsideration determination letter. (b) Upon receipt of a request for an administrative hearing, the Department shall transmit the administrative hearing request to the Office of Administrative Hearings. The hearing shall be conducted in accordance with Rules, Office of Administrative Hearings, General Agency, Board of Commission Rules, Chapter 2, Section 6 (2017), incorporated herein by reference.
(a) When the WLRC receives a complaint regarding the health and safety of a resident, the WLRC will refer the matter to investigation and determine how to handle the complaint on a case-by-case basis.
(a) For any code, standard, rule, or regulation incorporated by reference in these Rules:
(i) The Department has determined that incorporation of the full text in these Rules would be cumbersome or inefficient given the length or nature of these Rules;
(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (b) of this Section; and
(iii) The incorporated code, standard, rule, or regulation may be found at https://health.wyo.gov/behavioralhealth/wlrc/ and is maintained and made available by the Department for public inspection and copying at cost at the same location.
(b) The Department incorporates the following codes, standards, rules, and regulations into these Rules by reference. These incorporated references are identified as:
(i) Referenced above is Rules, Office of Administrative Hearings, General Agency, Board of Commission Rules, Chapter 2 (2017), also known as the Uniform Rules for Contested Case Practice and Procedure adopted by the Office of Administrative Hearings, effective July 20, 2017, and found at: https://health.wyo.gov/behavioralhealth/wlrc/.