Wyo. Code R. 048-0077-3
Mental Health and Substance Use Disorder Services
Chapter 3: Application for Funds and Selection of Providers
Effective Date: 04/09/2020 to 09/18/2024
Rule Type: Superceded Rules & Regulations
Reference Number: 048.0077.3.04092020
(a) This Chapter establishes the process and criteria to apply for and receive funding from the Department under the Community Human Services Act, Wyoming Statutes 35-1-611 to -627.
(b) This Chapter applies to all providers seeking Department funding under the Community Human Services Act.
(a) A provider is eligible to apply to the Department for funding to provide statewide or regional behavioral health services if the provider:
(i) Qualifies as one of the following:
(A) A public provider that is a hospital or governmental entity or is registered with the Secretary of State evidencing the authority to conduct business within the State of Wyoming;
(B) A private provider if the provider satisfies the requirements of W.S. 35-1-624; or
(C) A provider that provides services other than behavioral health services if the provider:
(I) Provides behavioral health services as a separate unit or segment within the provider's overall organizational structure; and
(II) Meets the definition of a community mental health or substance use disorder center under Chapter 1 of these Rules;
(ii) Has a governing board whose members represent the provider's proposed service area and is subject to the following:
(A) The governing board shall set the provider's policy, vision, and mission, have fiduciary oversight, and meet on a regular basis; and
(B) The provider shall provide governing board meeting minutes to the Department upon request;
(iii) Is certified according to Chapter 2 of these Rules; and (iv) Has the ability to provide the full range of required services to include twenty-four (24) hour emergency services seven (7) days a week.
(a) A minimum of five (5) months prior to the beginning of a funding cycle, the Department shall provide notice that it is seeking letters of intent to provide funded services on the Department's public website at https://health.wyo.gov/behavioralhealth/mhsa. The notice must include:
(i) The eligibility requirements for funding as specified in Section 2 of this Chapter;
(ii) The date letters of intent must be received at the Department;
(iii) Where to submit letters of intent; and
(iv) Where to locate a copy of these Rules online.
(b) A letter of intent submitted to the Department must include:
(i) The service area for which the provider is seeking funding and the services to be provided;
(ii) Signatures of the chair of the governing board and the executive director of the provider; and
(iii) If the provider did not receive funding within the last funding cycle, documentation substantiating the provider meets the eligibility requirements specified in Section 2.
(c) Upon receipt of a letter of intent, the Administrator shall determine if the provider meets the eligibility requirements listed in Section 2.
(i) If the Administrator determines that the provider does not meet the eligibility requirements, the Administrator shall notify the provider in writing that it is not eligible to apply for funding. The written notice must specify the grounds for the Administrator's determination.
(ii) If the Administrator determines that the provider does meet the eligibility requirements:
(A) The Administrator shall notify the provider in writing that is eligible to apply for funding. The written notice must include the Administrator's determination whether the provider will be competing for funding and, if so, provide the status of competition within the service area; and (B) The Administrator shall send to the provider the application packet and the scoring criteria the Department will use in its evaluation and scoring process according to Section 4 of this Chapter.
(a) The Department shall evaluate and score an application from an eligible provider received by the due date specified in the application packet.
(b) The Department shall evaluate and score an application based on the following criteria, whether:
(i) The applicant has the ability to provide a range of comprehensive and integrated behavioral health services that support quality care to the priority populations;
(ii) The applicant’s staffing patterns and number of staff are adequate to provide the continuum of services required and the specific services for which funding is requested;
(iii) If currently funded by the Department, the applicant’s performance is in compliance with current Department contract requirements;
(iv) The applicant has a strategic planning process;
(v) The applicant participates in the development and implementation of a community disaster plan;
(vi) The applicant utilizes electronic health care technologies that support the Department’s contract reporting requirements;
(vii) The applicant utilizes clinical and business practices that address quality and cost-effective care;
(viii) The applicant utilizes recovery supports; and
(ix) The applicant involves people served in the planning and implementation of services.
(c) When evaluating and scoring an application, the Department may consider information not included in the application but otherwise possessed by the Department.
(d) The Administrator may deny any application that:
(i) Does not meet the criteria according to Section 4(b) of this Chapter; or (ii) Proposes to serve only a portion of an existing service area and if funding the application would jeopardize the continued services in the remainder of the service area.
(e) If the Administrator denies the application, the Administrator shall document the reasons for denial and shall notify the provider in writing of the denial.
(f) The Department may solicit additional applications to provide services in the service area. If the Department solicits additional applications, an applicant whose application was earlier denied may resubmit an application to the Department.
(a) If two (2) or more applicants are competing to provide services in the same service area and each application meets the criteria in Section 4(b) of this Chapter, the competing applications shall be handled pursuant to the conditions of this Section.
(b) If a competing applicant is a current provider of Department-funded services, proposes to serve the same service area with the same services as those currently funded, and has submitted approved deliverables according to the contract with the Department, the Department shall give preference to and begin contract negotiations with the applicant.
(c) If the conditions to grant preference under subsection (b) of this Section are not satisfied, the following conditions apply:
(i) The Department shall evaluate each application against the following criteria, whether:
(A) The applicant proposes to serve multiple counties or participate in a multi-county consortium;
(B) The applicant proposes to provide both mental health and substance use treatment services using an integrated model;
(C) The applicant has integrated behavioral health services with primary health services or proposes to integrate services;
(D) The applicant maximizes all applicable funding sources; and
(E) The applicant has demonstrated history in providing specialized services to priority populations.
(ii) If the Department finds only one (1) of the competing applicants to satisfy the criteria under subsection (c)(i) of this Section, the Department shall give preference to and begin contract negotiations with the applicant.
(iii) If the Department finds more than one (1) or not one (1) of the competing applicants to satisfy the criteria under subsection (c)(i) of this Section, the Administrator shall request the board of county commissioners from the county under competition to appoint a review committee, subject to the following conditions:
(A) The review committee shall consist of no fewer than three (3) individuals who reside within the service area under competition.
(B) In the event of a multi-county service area, the Administrator shall request each board of county commissioners to appoint to the review committee one (1) person from each county. If an even number of persons results from these appointments, the Administrator shall choose an additional committee member from the region.
(iv) If the board of county commissioners is unwilling or unable to participate or does not respond within fifteen (15) business days to the request for a review committee under subsection (c)(iii) of this Section, the Administrator shall appoint a review committee, subject to the following conditions:
(A) The review committee must consist of no fewer than three (3) and no more than five (5) persons. The review committee must be comprised of an odd number of committee members.
(B) The review committee must include:
(I) One (1) representative from a state agency other than the Department, who is a resident of the county or counties under competition;
(II) One (1) representative of the Behavioral Health Advisory Council, who is also a person in recovery; and
(III) One (1) representative of a funded provider outside of the region affected by the competing application.
(C) If a representative enumerated under subsection (c)(iv)(B) of this Section is unwilling or unable to participate on the review committee, the Administrator may appoint in the representative’s stead any other person within the Administrator’s discretion.
(D) A member of the review committee shall have no vested or competitive interest in the competing applicants or the services proposed.
(v) If a review committee is appointed under subsection (c)(iii) or (iv) of this Section, the Department shall provide written notice to the competing applicants of the establishment and purpose of the review committee.
(a) The review committee shall conduct a public hearing to consider the competing applications within thirty (30) calendar days of the selection of the review committee and at a location within the service area, determined by the Department.
(b) Prior to the public hearing, the review committee shall:
(i) Elect a chair to conduct the public hearing;
(ii) Establish an order of procedure for the public hearing that provides:
(A) Each competing applicant the opportunity to present argument, either in person, by phone, or by other electronic means; and
(B) The public in attendance an opportunity to comment; and
(iii) Review the information provided by the Department, including:
(A) The competing applications;
(B) The scores awarded to each application by the Department;
(C) The extent to which the criteria in Section 4(b) of this Chapter are met;
(D) The extent to which the additional criteria in Section 5(c)(i) of this Chapter apply; and
(E) Other relevant information, as determined by the Department; and
(c) The review committee shall provide notice of the public hearing, according to the following provisions:
(i) The Department shall assist the review committee in providing written notice of the public hearing to the competing applicants and to the public in the service area;
(ii) The notice must be published as a legal notice in at least one (1) newspaper of general circulation in each county, if applicable, affected by the competing applications a minimum of ten (10) calendar days prior to the review committee’s public hearing; and
(iii) The notice must include:
(A) The date, time, location, and nature of the public hearing;
(B) The legal authority and jurisdiction under which the hearing is to be held; (C) The sections of the statutes and rules involved; (D) A statement of the nature of the competing applications being reviewed; and (E) The procedure for participation by the public including the procedure to be used to submit written comments, which must be submitted to the Department prior to the date of the public hearing.
(a) If funding is available for projects or services which cannot be purchased on a regional or statewide basis, the Department shall: (i) Define the purpose of the funding; (ii) Develop an application and funding process; and (iii) Notify current contractors and interested parties of the available funds and how funding decisions will be made. Such notification must be posted on the Department's public website and included in the application for the funding.