WYOMING DEPARTMENT OF HEALTH AGING DIVISION OPERATIONAL RULES
CHAPTER 1
GENERAL PROVISIONS
Section 1. Authority. The Division, pursuant to W.S. 9-2-1208(c)(iv) is authorized to adopt rules and regulations governing programs and services for the elderly in the State of Wyoming, and the Wyoming Administrative Procedures Act at W.S. § 16-3-101 et seq.
Section 2. Applicability. These rules apply to all grantees/contractors under the Division.
Section 3. Purpose.
(a) The purpose of these rules is to establish standards for the delivery of services to the elderly, including program operations standards directly related to the quality of such services.
(b) The Department may issue manuals, bulletins, or both, to interpret the provisions of this Chapter. Such manuals and bulletins shall be consistent with and reflect the policies contained in this Chapter. The provisions contained in manuals or bulletins shall be subordinate to the provisions of this Chapter.
(c) The incorporation by reference of any external standard is intended to be the incorporation of that standard as it is in effect on the effective date of this Chapter.
Section 4. Definitions. The following definitions shall apply in the interpretation and enforcement of these rules. Where the context in which words are used in these rules indicated that such is the intent, words in the singular number shall include the plural and vice versa. Throughout these rules gender pronouns are used interchangeably except where the context dictates otherwise. The drafters have attempted to utilize each gender pronoun in equal numbers, in random distribution. Words in each gender shall include individuals of the other gender. Except as otherwise specified in this section, the terminology used in this Chapter is the standard terminology and has the standard meaning used in health care, health insurance, Medicare, and Medicaid.
(a) "Adult Day Care" means a congregate setting providing care for older persons needing periodic supervision, with services aimed at maintaining and restoring health, nutrition, speech and physical therapy, and leisure activities.
(b) "Allowable Third Party In-Kind" means property or services which benefit a grant supported project and which are contributed by non-Federal third parties without charge to the grantee.
(c) "AoA" means the Administration on Aging within the United States Department of Health and Human Services, Washington, D.C.
(d) "Assess" means to conduct a periodic on-site visit to review the grantee/contractor.
(e) "At-risk" means a person unable to perform normal daily tasks independently due to multiple problems which can include, but are not limited to, physical, emotional, or cognitive functioning, environment, abuse and neglect.
(f) "Case-Management" means a set of logical steps and a process of interaction within a service network which assure that a client receives needed services in a supportive, efficient and cost effective manner.
(g) "Adult Home Care" means services designed to assist individuals in avoiding inappropriate or premature institutionalization through case management.
(h) "Congregate site" means the place where eligible participants are served meals and other services.
(i) "Contractor" means a recipient of funds under the Division with an approved contract to provide services.
(j) "Corrective steps" means action plan.
(k) "Discretionary Grant" means a grant for a specified service or program as provided for in the program announcement.
(l) "Division" means the Department of Health, Aging Division.
(m) "Elderly" means any person at least sixty (60) years of age.
(n) "Eligibility" means the guidelines whereby a grantee/contractor will be considered for funding or service under the Division.
(o) "Eligible entity" means an agency that can apply for designation as a planning or service area, which includes only 1) units of local purpose government, 2) regional metropolitan areas, and 3) Indian reservations.
(p) "Eligible participant" means anyone at least sixty (60) years of age or their spouse, except where more stringent requirements are specified.
(q) "Equipment" means items costing more than $500.00 or having the life expectancy of more than one year.
(r) "Evaluate" means to develop a written report based on monitoring and assessment of grants and contracts.
(s) "Feasible," in reference to special diets, means the availability of a dietitian or nutritionist to implement diets and adequate budgets to pay for such services.
(t) "Fee schedule" means guidelines related to the units of service and income category of the eligible participants to allow him or her to contribute to the project.
(u) "Grantee" means a recipient of funds under the Division with an approved grant to provide services.
(v) "Handicapped non-elderly" means a person under the age of sixty (60) who is handicapped as defined by 42 U.S. C.8003 (1978).
(w) "Home health care" means health services provided in the home by qualified individuals under medical supervision.
(x) "Homemaker" means trained personnel who provide assistance to older persons in the performance of home related activities, such as cooking or light housekeeping.
(y) "Hospice" means services provided to a terminally ill individual who remains at home with family.
(z) "Legal Assistance" means services provided by the Legal Assistance Developer Program.
(aa) "Legal Assistance Developer" means the statewide program which provides and develops legal assistance for the elderly.
(bb) "Long Term Care" means a continuum of care ranging from assisted independence in activities of daily living to institutionalization.
(cc) "Monitor" means to review program or fiscal reports as compared to the approved budget and service plan.
(dd) "Non-eligible meal participant" means a guest or staff person under age sixty (60) and not a spouse of a person age sixty (60) or more, eating a meal at a congregate site.
(ee) "Nutrition services" means congregate and home delivered meals and other nutrition services, including outreach and nutrition education provided to the elderly by grantees/contractors.
(ff) "Older Americans Act" means 42 U.S.C. 3001, et seq. (1965, as amended)
(gg) "Ombudsman" means an advocate responsible for handling complaints concerning institutional care facilities, boarding homes, adult day and home care agencies.
(hh) "Plan of action" means steps for corrective measures.
(ii) "Program Income" means financial contributions or fees paid by the clients and/or their families for services provided.
(jj) "RDA" means recommended dietary allowance.
(kk) "Regional Metropolitan Area" is a designation of several cities and/or counties or other geographic areas so stated in the description of each specific area.
(ll) "Respite care" means supervising or staying with older persons thereby permitting their family or other primary caregiver to have time free of the caregiving responsibility.
(mm) "Service provider" means a contractor or grantee.
(nn) "Sponsor" means the grantee or parent organization responsible for the terms of the grant.
(oo) "State Advisory Council" means the ten (10) members appointed by the Director of the Department of Health responsible to advise the Division.
(pp) "State plan" means a document promulgated by the Division, conforming with an established format of goals, objectives, budget and assurances prescribed by the AoA.
(qq) "Supplemental grant" means a grant to augment an existing program or service provision.
(rr) "Supportive Services" means any service that meets standards prescribed by the Assistant Secretary for Aging in the United States Department of Health and Human Services in Washington, D.C., as being necessary for the general welfare of elderly individuals.
(ss) "USDA" means United Stated Department of Agriculture.
(tt) "Units of general purpose local government" means any city council or county commission.
Section 5. Severability Clause. If any provision of these rules or the application to any program, person, service or circumstance is held invalid, such invalidity shall not affect the other provisions or applications thereof that can be given effect despite the invalid provision or application.