Administrative Rule Review Report #AR08-059
Legislative Service Office
22-Jul-08
AGENCY: Department of Health.
DATE SUBMITTED: July 22, 2008.
SUBJECT: Chapter 13, Pilot Project-Adult Foster Care Homes.
NATURE OF RULES: Legislative and procedural.
STATUTORY AUTHORITY: W.S. 42-6-105(a), (e).
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 (SF0089/SEA0089/Ch.0219) enacted the Long Term Care Choices Act, W.S. 42-6-101 et seq. As part of that Act, the Department of Health was authorized to implement a pilot program for the licensing of up to five facilities in a new category of elderly care known as Adult Foster Care Homes. These new rules implement that pilot program and provide:
· Applicable definitions;
· Application requirements and fees;
· Priortization criteria for the licensing of applicants;
· Identification of applicable assisted living facility regulations, and exceptions from those regulations;
· Minimum physical facility, staffing and safety requirements;
· Procedures and grounds for denying, revoking or placing conditions on a license.
FINDINGS: The rules appear to be within the scope of statutory authority and legislative intent.
STAFF RECOMMENDATION: That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.
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Gerald W. Laska
Staff Attorney
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Dan J. Pauli
Director
GWL/