Administrative Rule Review Report  #AR09-012

Legislative Service Office

16-Mar-09

AGENCY: Department of Health.

DATE SUBMITTED: February 18, 2009.

SUBJECT: Chapter 2, Additional Institutional Services.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 9-2-106(a)(vii) and (d).

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 Department of Health supervises the operations of the five state residential institutions (Wyoming Life Resource Center, Wyoming State Hospital, Wyoming Pioneer Home, Veterans' Home of Wyoming and the Wyoming Retirement Center).  The Director has discretion under W.S. 9-2-106(d) to transfer authorized services among the five institutions.  These rules provide guidance in the exercise of that discretion by providing relevant definitions and specifying the conditions upon which services may be transferred among the institutions, including need, appropriate licensing, availability, efficiency, safety and necessity to protect public health and safety.  The rules provide for a written plan to be promulgated prior to the transfer of any clients.

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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Lynda Cook

Staff Attorney

GWL/