This Wyoming Department of Health chapter establishes standards for designating hospitals and treatment providers authorized to provide inpatient psychiatric treatment or community-based treatment under the state's Involuntary Commitment Act. Designated facilities must maintain secure holding areas for emergently detained individuals, provide or facilitate mental health treatment services, and have access to psychiatric consultation from the Wyoming State Hospital. The chapter also governs the contract/agreement process with the Department, including required documentation (state license, JCAHO/CARF/CMS certification) and biennial renewal obligations.
View official sourceHealth, Department of
State Hospital
Chapter 7: Standards for the Designation of Hospitals and Treatment Providers
Effective Date:
04/04/2017 to Current
Rule Type:
Current Rules & Regulations
Reference Number:
048.0053.7.04042017
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CHAPTER 7
Standards for the Designation of Hospitals
and Treatment Providers
Section 1.
Authority.
This Chapter is promulgated by the Department of Health ("the Department") pursuant to the Involuntary Commitment Act, ("the Act") at Wyo. Stat. Ann. §§ 25-10-101
through -305
, and the Wyoming Administrative Procedure Act at Wyo. Stat. Ann. §§ 16-3-101
through -115
.
Section 2.
Purpose and Applicability.
(a) These rules have been adopted to establish standards for the designation of hospitals and to define the conditions under which the Department may enter into a contract or agreement with a designated hospital or treatment provider for the inpatient psychiatric treatment or community-based treatment of persons with mental illness pursuant to Wyo. Stat. Ann. § 25-10-104.
(b) The Department may issue manuals
or
bulletins to interpret the provisions of these rules
which reflect
the policies contained in these rules and regulations. The provisions contained in manuals or bulletins shall be subordinate to the provisions of these rules and regulations.
Section 3.
Designated Hospital Requirements and Treatment Provider Requirements
(a) Designated hospitals or treatment providers shall have a safe and secure location to hold an individual who is emergently detained under Wyo. Stat. Ann. § 25-10-109 in a suitable setting pursuant to the Act and based on the patient's condition.
(b) Designated hospitals or treatment providers shall provide treatment services with the patient's consent or allow access to the patient by treatment provider staff or the patient's private
mental
health provider for purposes of providing treatment with the patient's consent. Treatment services may be provided without patient consent or the consent of his parent or guardian when treatment is limited to diagnosis or evaluation or when treatment is necessary to prevent immediate and serious physical harm to the person or others pursuant to Wyo. Stat. Ann. § 25-10-109(f).
(c) Designated hospital staff or treatment provider
staff
shall have access to ongoing psychiatric consultation services provided by the Wyoming State Hospital for purposes of prescribing and monitoring psychotropic medications.
(d) Designated hospital staff or treatment provider staff may
also
consult with the Wyoming State Hospital staff in advance of the following anticipated extended hospital stays
:
(
i
) An anticipated extension of an emergency detention beyond 72 hours;
(ii) An anticipated extended
detention
beyond 14 days
;
(iii) An anticipation of an Involuntary Hospitalization order.
(e) If the patient's symptoms resolve so that emergency detention or involuntary hospitalization
are no longer required
prior to the patient's transfer to the Wyoming State Hospital, the designated hospital or treatment provider shall file the appropriate documentation evidencing the reason for the patient's release as required by Wyo. Stat. Ann. § 25-10-116(b). If a hearing is requested, the designated hospital
or treatment provider
must
appear to explain and support its decision that the patient no longer meets the criteria for emergency detention or involuntary hospitalization.
(f) If conditions justifying hospitalization continue to exist, the designated hospital or treatment provider shall send the court notice of the determination for continued hospitalization
,
including
a detailed statement of the factual basis for the determination. Notice of the determination shall also be sent to the patient and the person responsible for the patient's care and custody. As required by Wyo. Stat. Ann. § 25-10-116(c) the notice shall include:
(
i
) The patient's right to contest the determination;
(ii) The patient's right to a hearing; and
(iii) The patient's right to counsel.
Section 4.
Contracts or Agreements with Designated Hospitals.
(a) Pursuant to Wyo. Stat. Ann. § 25-10-104, the Department may enter into a contract or agreement with a designated hospital for the provision of inpatient psychiatric treatment if the designated hospital meets
one
of the following qualifications:
(
i
) A hospital which meets the "special provisions applying to psychiatric hospitals," pursuant to 42 C
.
F
.
R
.
§ 482.60;
(ii) A general hospital with a specific inpatient psychiatric unit;
(iii) A hospital without a specific inpatient psychiatric unit with psychiatric services available, to include a psychiatrist as a member of the medical staff of the hospital;
(iv) Other
licensed treatment facilities
which have psychiatrists available for consultation such as residential crisis stabilization centers;
or
(v)
A
Wyoming hospital that do
es
not have specific psychiatric services
,
but admit
s
a patient on an emergency basis when no other appropriate level of care is available.
(b) To enter into a contract or agreement with the Department, the hospital or facility must submit a letter of intent to the Wyoming State Hospital. Enclosed with the letter of intent must be the following documents:
(
i
) A copy of the hospital
's
or facility's license issued by the state survey agency; and
(ii) A copy of the hospital or facility's most recent JCAHO or CARF accreditation certificate or Centers for Medicare and Medicaid (CMS) certification.
(c) Once verification of all documents has been completed by the Wyoming State Hospital, notification of acceptance or rejection will be provided to the hospital. If the hospital is accepted, a contract
or agreement
outlining the hospital
's
or facility's responsibilities with regard to accepting patients and providing treatment for persons with mental illnesses, as defined in W
yo. Stat. Ann.
§ 25-10-110, will be initiated
by the Division
.
(d) Contract or agreement extensions or the development of new contracts or agreements will be completed biennially pending receipt by the Wyoming State Hospital of the documents listed in Section 4(b
)(
i
) and (ii).
(e) The contract or agreement shall require compliance with these rules.
Section 5.
Implementation of Chapter.
(a) The order in which the provisions of this Chapter appear is not to be construed to mean that any provision is more or less important than any other provision.
(b) The text of this Chapter shall control the titles of its various provisions.
Section 6.
Superseding Effect.
When promulgated, this Chapter supersedes all prior rules or policy statements issued by the De
partment, including manuals
or bulletins, which are inconsistent with this Chapter
.
Section 7.
Severability.
If any portion of this Chapter is found to be invalid or unenforceable, the remainder shall continue in full force and effect.
For questions regarding the content or application of a specific rule, please contact the agency responsible for the rule. A directory of
agencies
is also available online. For questions about the rulemaking process, please send your questions and comments to
Rules@wyo.gov
.