Administrative Rule Review Report  #AR07-050

Legislative Service Office

24-Sep-07

AGENCY: Department of Health.

DATE SUBMITTED: September 12, 2007.

SUBJECT: Chapter 14, Alternative Long Term Care Pilot Project Grants.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 42-6-103

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:              Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.

SUMMARY OF RULES:       The 2007 Legislature enacted the Long Term Care Choices Act, W.S. 42-6-101 through 108 (SF0089/SEA0089/Chapter 219).  That Act appropriated $150,000 for three pilot program grants to study the feasibility of innovation in long term care facilities, including the creation of a new facility and conversion of an existing facility to an "alternative eldercare home," as defined by the Act.  The Act and its appropriations were effective on March 15, 2007.  These rules, replacing emergency rules on the same subject adopted June 6, 2007, govern implementation of the grant program and include:

· Relevant definitions;

· General RFP/award procedures for grantees;

· The responsibilities of the Wyoming Advisory Council on Aging related to the grants;

· Criteria for award of the grants.

FINDINGS:   The rules appear to be within the scope of statutory authority and legislative intent.  Sections 3(b) and 3(c) appear to be redundant provisions.              

STAFF RECOMMENDATION:        That the rules be approved by the Council as submitted by the Agency but that the Council request the Governor to veto either Section 3(b) or 3(c) as a duplicate provision.

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Gerald W. Laska

Staff Attorney

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David K. Gruver

Assistant Director

GWL/