Wyoming Administrative Code
Agency 048 - Health, Department of
Sub-Agency 0077 - Mental Health and Substance Use Disorder Services
Chapter 2 - BEHAVIORAL HEALTH SERVICE PROVIDER CERTIFICATION
Section 2-6 - Denial and Revocation of Certification
Universal Citation: WY Code of Rules 2-6
Current through September 21, 2024
(a) The Department may deny a certification application, including an application to renew certification, or revoke a certification on the following grounds:
(i) Failure to submit a complete application
in the form and manner established by the Department;
(ii) Failure to comply with Section
8 of this Chapter if a provider is not
nationally accredited;
(iii)
Failure to maintain national accreditation if national accreditation is
required under Section
2(b) of this
Chapter;
(iv) Failure to provide
services in accordance with the applicable standard of care for the profession
involved;
(v) Existence of a
condition creating serious detriment to the health, safety, or welfare of
clients;
(vi) Failure to complete a
resolution plan or failure to submit a resolution plan within required
timelines under Chapter 4 of these Rules; or
(vii) Prior revocation of a certification by
the Department within three (3) years previous to the date the renewal
application is submitted.
(b) If the Department denies a certification application or revokes a certification, the Department shall notify the provider in writing of the action. The notice must:
(i) State the grounds for the action;
and
(ii) Inform the provider of its
right to an administrative hearing proceeding pursuant to the Wyoming
Administrative Procedure Act, located at W.S. §
16-3-101 to -115, and these
Rules.
(c) Prior to revoking a certification, the Department may offer a provider an opportunity to correct each deficiency that would serve as grounds for the prospective revocation, based on the following conditions:
(i) The Department's offer to correct must be
in writing and state each deficiency that would serve as grounds for the
prospective revocation of the provider's certification.
(ii) The provider shall submit a resolution
plan to the Department within ten (10) business days from the provider's
receipt of the Department's written offer to correct. A resolution plan must be
in writing and provide:
(A) Who will be
charged with the responsibility to correct each deficiency stated in the
Department's offer;
(B) What will
be done to correct each deficiency;
(C) How the resolution plan will be
incorporated into the provider's quality management program;
(D) Who will be charged with monitoring to
ensure each deficiency does not occur or develop again; and
(E) The deadline by when the provider expects
to correct each deficiency, which may not exceed sixty (60) calendar days after
the Department's offer was issued.
(iii) The Department may reject a resolution
plan if the plan fails to satisfy the criteria enumerated under subsection
(c)(ii) of this Section.
(iv) The
Department's offer to correct is deemed to be rescinded if:
(A) The Department rejects the provider's
resolution plan; or
(B) The
provider fails to timely submit a resolution plan.
(v) If the Department's offer to correct is
rescinded, the provider is not entitled to challenge the rescission through an
administrative hearing proceeding pursuant to the Wyoming Administrative
Procedure Act.
(vi) If the
Department accepts the provider's resolution plan and the provider fails to
correct each deficiency by the established deadline, the provider's failure to
correct may serve as independent grounds for revocation under this
section.
(d) The Department may not offer a provider an opportunity to correct unless the Department finds that each deficiency:
(i)
Does not include the existence of a condition creating serious detriment to the
health, safety, or welfare of clients; and
(ii) Can reasonably be corrected within sixty
(60) calendar days of the Department's offer.
Disclaimer: These regulations may not be the most recent version. Wyoming may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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