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.

 

 

 

                                                                        _______________________

                                                                        Gerald W. Laska

                                                                        Staff Attorney

 

 

                                                                        _______________________

                                                                        Dan J. Pauli

                                                                        Director

GWL/