WYOMING DEPARTMENT OF HEALTH

AGING DIVISION

RULES AND REGULATIONS FOR ALTERNATIVE

LONG TERM CARE PILOT PROJECT GRANTS

CHAPTER 14

  Section 1. Authority. These rules are promulgated by the Department of Health pursuant to SEA89, enacted during the 2007 General Legislative Session, which will be codified at W.S. 42-6- 101 et seq., and the Wyoming Administrative Procedures Act at W.S.16-3-101, et seq.

  Section 2. Purpose. These rules are adopted to provide a method of selecting recipients for three (3) pilot project grants to study the feasibility of innovation in alternative long term care facilities by instituting the alternative long term care home pilot projects as authorized by W. S. 42- 6-104.

  Section 3. Special Provisions.

  (a) Severability. If any portion of these rules is found to be invalid or unenforceable, the remainder shall continue in effect.

  (b) 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.

  (c) Unless otherwise specified, 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, including any applicable amendments, corrections, or revisions, but excluding any subsequent amendments or changes.

  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 indicates 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.

  (a) "Advisory Council" shall mean the Wyoming Advisory Council on Aging.

  (b) "Department" shall mean the Wyoming Department of Health.

  (c) "Eligible recipient" shall include cities, counties, and any entity planning for long term care needs or providing long term care, including private nonprofit and private for profit entities.

  (d) "Project" shall mean those projects outlined in W.S. 42-6-104(a)(ii), (iii) and (iv).

  Section 5. Authority to Award and Administer Grant Funds.

  (a) The Department shall have the following responsibilities with regard to administering the pilot project grant awards:

    (i) It shall develop a Request for Proposal (RFP), in consultation with the Advisory Council, for funding for up to three (3) pilot program grants. The RFP developed by the Department and the Advisory Council shall comply with all Department of Administration and Information's RFP requirements. The RFP shall prioritize grant recipient requirements;

    (ii) It shall provide technical assistance to eligible recipients making an application through the RFP for the grant funds for the pilot program;

    (iii) It shall collect and analyze the RFP applicant information and shall, in consultation with the Council, select grant recipients pursuant to the priorities outlined in the RFP;

    (iv) It shall enter into a contract with the grant recipient that further outlines the project requirements, detailing how measurable outcomes will be achieved, and ensuring that the grant funds are used to effectuate the goals of the pilot project;

    (v) It shall consider the extent to which the proposal moves the staff of the facility to a more patient centered culture;

    (vi) It shall consider one (1) project to reconfigure an existing nursing home to achieve a resident-centered cultural change;

    (vii) It shall fund one (1) study relating to the creation of an alternative eldercare home, as defined in W.S. 42-6-102(a)(iii), provided that an acceptable project proposal is received in response to the request for proposals;

    (viii) It shall fund one (1) study relating to the creation of an alternative eldercare home, as defined in W.S. 42-6-104(a)(iv);

    (ix) It shall inform the Joint Labor, Health and Social Services Interim Committee if legislation is needed to authorize any additional rules and regulations to effectuate the goals of the pilot projects.

  (b) The Advisory Council has the following responsibilities with regard to administering the pilot project grant awards:

    (i) It shall review and approve the Request for Proposal (RFP) format as developed by the Department. As noted above, the RFP developed by the Department and the Advisory Council shall comply with all Department of Administration and Information's RFP requirements;

    (ii) It shall, in consultation with the Department, assist in selecting grant recipients pursuant to the priorities outlined in the RFP.

  Section 6. Criteria for and Priorities Given to Pilot Project Grant Awards. The following criteria and priorities shall be considered in awarding funds under this pilot project:

  (a) Demonstrated community need and community support. Priority shall be given to those applicants demonstrating significant community resources and community financial support. If such support is not currently available, a plan must be submitted to develop such support;

  (b) Existing licensure or a demonstrated ability to obtain licensure from the Office of Healthcare Licensing and Surveys for any existing or planned facility involved in the pilot project;

  (c) Financial sustainability;

  (d) Demonstrated financial and organizational management capabilities by management/owner to ensure grant funds are used in a manner that is appropriate to the project;

  (e) Ability to meet the required match of twenty-five percent (25%) of the grant amount;

  (f) Demonstrated ability to create a culture change or innovative approach to long term care.

  Section 7. Funds Available. The total amount of funds available for the pilot projects shall not exceed one hundred fifty thousand dollars ($150,000.00).

  Section 8. Conflict of Interest.

  (a) Applicability. This section applies to any person involved in:

    (i) The review of completed applications;

    (ii) Making recommendations to the Department and/or Advisory Council regarding an entity that may receive a pilot project grant and the amount of said grant.

  (b) Responsibilities of persons with potential conflict of interest. A person who believes that he or she may have a conflict of interest shall disclose such conflict of interest as soon as he or she becomes aware of the conflict of interest. If the person is a staff member of the Department and there appears to be a conflict of interest, the person shall disclose the conflict of interest in writing to the Department. If, at that time, the Department agrees that there is a conflict of interest, the person shall excuse himself or herself from any of the activities related to determination of funding allocation from the Department to the entity.