Administrative Rule Review Report  #AR10-044

Legislative Service Office

13-Jul-10

AGENCY: Department of Health.

DATE SUBMITTED: July 7, 2010.

SUBJECT: Chapters 1 through 6, Wyoming End Stage Renal Disease Program.

NATURE OF RULES:                      Legislative and procedural.

STATUTORY AUTHORITY:           W.S. 42-4-117.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:  The Wyoming Department of Health, as part of the Medicaid Program and pursuant to W.S. 42-4-117, provides medical coverage for persons in need of end stage renal dialysis.  The Department is directed to establish eligibility criteria and coverage limits by rule and regulation.  These amendments to existing rules:

•  Remove a requirement that a facility providing dialysis services under the program be under contract with the Department;

• Substitute female gender pronouns throughout the rules for male gender pronouns;

• Reflect amended names for the Department, the Rural and Frontier Health Division and the Joint Commission (formerly the Joint Commission on Accreditation of Healthcare Organizations) and the Centers for Medicare and Medicaid Services (formerly the Health Care Financing Administration);

• Revise application procedures to require additional documentation of Wyoming residency and insurance coverage

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/