Wyo. Code R. 049-0029-3
Providers of Substitute Care Services, Certification of
Chapter 3: Certification of Programs
Effective Date: 07/10/1990 to 09/11/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0029.3.07101990
(a) The Department shall promulgate standards for services contained within these rules.
(b) All programs covered by these rules shall request regular certification and recertification in accordance with these rules.
(c) Certification and subsequent recertification shall be done annually.
(d) Each program desiring recertification from the Department shall submit a request for recertification not less than thirty (30) days prior to the end of the current certification.
(e) Upon receipt of a request for recertification, the Director shall make or cause to be made a review of program documents which demonstrate compliance with the standards and make or cause to be made one or more on-site inspections of the program. Based upon the information on hand and the result of the on-site inspection, the Director shall certify the program if:
(i) The program meets the standards prepared by the Department for the particular area of services.
(ii) The program complies with the applicable Federal, State and local laws and rules of the Department.
(iii) No complaints have been filed against the program which have not been resolved as provided in these rules. ( f ) Each certificate is issued for the premises and persons or governmental units named in the certificate. It is not transferable nor assignable. The provider shall notify the Director in writing of all changes in personnel, premises or governmental units named in the certificate.
(a) No program provider shall discontinue service under the certification without notifying the certifying authority.
(b) When a provider discontinues operation, the certification shall be considered invalid and the Director shall take steps to revoke the certificate.
After a program has been certified, the Department shall monitor the program to assure its compliance with its certification and with all the applicable Federal, State and local laws, and the rules and standards of the Department. As an element of the monitoring process, the Department shall make on-site inspections and evaluations based on these rules. The monitoring process may also include examination of reports received from or about the provider, on-site examinations, discussions with the board or boards of county commissioners of the county or counties where the services are provided, discussion with allied agencies, public meetings, and recourse to any other pertinent sources of information concerning the provider and its services.
(a) The Department may investigate the program on its own initiative or upon receipt of a complaint against a provider filed with the Department for noncompliance with any applicable Federal, State or local laws, the Department contract with the program, or any of the rules of the Department or the standards developed for the particular program area.
( b ) If the Department determines that the program is not in substantial compliance with the applicable Federal, State or local laws, the rules of the Department, the standards developed for the particular program area, or the contract with the Department, it shall give the program's board president notice of noncompliance. The parties shall then proceed as provided in Section 6 of this chapter.
(a) Within thirty (30) days after receipt of the notice of noncompliance, the board president or appropriate person shall submit to the Director written data and a plan and schedule for achieving full compliance with respect to the matter not in compliance. The Director shall review, within 30 days after receipt, the program's data, plan and schedule and shall:
(i) Approve the proposed plan and schedule; or (ii) Approve a plan and schedule as modified by the Administrator; or
(iii) Disapprove the plan and schedule and revoke or suspend the prior certification of the program pursuant to Section 7 of this chapter.
(b) When the Department approves a proposed or modified plan and schedule for achieving full compliance, the Department may grant provisional certification not to exceed six months.
(a) The Department may suspend or revoke a program's certification after its monitoring and investigation proceedings and after:
(i) it makes written findings of fact that the program has failed to comply with applicable Federal, State or local laws, the rules of the Department, or the Department standards developed for the particular program area.
(ii) It has given the program notice of noncompliance and opportunity for hearing as outlined in Chapter IV; and
(iii) it serves the program director or appropriate person with the Order of Suspension or of Revocation of Certification. -
(b) Unless an emergency exists, revocation or suspension of certification shall become effective thirty (30) days following the date of the Revocation of Certification.
(c) If the Director finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in his order, suspension prior to a hearing may be ordered in accordance with the provision in W.S. 16-3-113(c).**
(d) If at any time the Director finds that the health and safety of children are in imminent danger, the Director shall immediately make arrangements to place the children in an alternative safe setting and terminate all public funding to the program.
(e) Suspension of Certification shall remain in effect until the date set out in the Director is order or until the program demonstrates substantial compliance with the rules and standards of the Department, whichever occurs first.
Section 7. Termination of Contract. If the Department revokes a program's certification in accordance with this chapter, the Director or his/her designee shall terminate all state contracts with the provider.