Administrative Rule Review Report  #AR07-052

Legislative Service Office

24-Sep-07

 

AGENCY:                                         Department of Health.

 

DATE SUBMITTED:                         September 24, 2007.

 

SUBJECT:                                         Chapters 15 through 18, Wyoming Colorectal Cancer Early Detection Program.

 

NATURE OF RULES:                       Legislative and procedural.

 

STATUTORY AUTHORITY:             W.S. 35-25-204

 

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:          2007 Wyoming Laws, Chapter 218 (SF0131/SEA0092), enacted the Wyoming Cancer Control Act.  The Act requires the Department of Health to establish a colorectal cancer screening and prevention program for residents of at least one year with incomes below 250% of the federal poverty guideline.  The program shall pay for colonoscopies at the Medicaid rate and shall use payment vouchers and internet eligibility screening.  These new rules implement the screening program and include:

 

·       Applicable definitions;

·       Patient and provider eligibility guidelines;

·       Application, eligibility determination and appeal procedures

·       A statement of services included and excluded in the screening;

·       Data collection procedures for program evaluation and reporting

 

FINDINGS:      The rules appear to be within the scope of statutory authority and legislative intent.

 

TECHNICAL CORRECTION:   Chapter 16, Section 2, of the rules as proposed in July, 2007 identified six categories of eligibility criteria, including "asymptomatic status."  That criteria was deleted and the final rules contain only five eligibility categories.  However the introductory paragraph to Section 2 still references the deleted criteria.  The introductory paragraph should be corrected to state "five categories" and delete "asymptomatic status,". 

 

STAFF RECOMMENDATION: That the rules, with the above technical correction, be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

 

                                                                        _______________________

                                                                        Gerald W. Laska

                                                                        Staff Attorney

 

 

                                                                        _______________________

                                                                        Dan Pauli

                                                                        Director

GWL/