Administrative Rule Review Report  #AR10-022

Legislative Service Office

23-Mar-10

AGENCY: Department of Health.

DATE SUBMITTED: March 17, 2010.

SUBJECT: Chapter 6, General Provisions; Chapter 7, Standards for the Designation of Hospitals; and Chapter 8, Standards for the Reimbursement of Designated Hospitals or Other Treatment Providers.

NATURE OF RULES:  Legislative and procedural.  

STATUTORY AUTHORITY:  W.S. 25-10-104.       

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed 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:  W.S. 10-25-104 directs the Department of Health to adopt standards and procedures for the designation of hospitals or other treatment facilities that provide emergency treatment to persons detained as potentially mentally ill and a danger to self or others.  These rules reorganize the Department's existing Chapter 6 into Chapters 6 - 8.  The amended rules provide relevant definitions, eligibility criteria for designation of facilities, application procedures and facility reporting requirements, and establish standards for the reimbursement of designated hospitals or other treatment providers.  The amendments also implement 2009 Session Laws, Chapter 12,  requiring a hospital to attest to its efforts to obtain recovery from the patient or third party payor before claiming reimbursement from the Department.

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 G. Cook

Staff Attorney

GWL/