Article 1 in general 35 1 101. Local contributions; disposition
1 1101. Provider recruitment grant program
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35 1 1101. Provider recruitment grant program. (a) There is created the Wyoming provider recruitment program administered by the department. (b) There is created the Wyoming provider recruitment account. Funds in the account are continuously appropriated to the department to provide grants for provider recruitment. Up to ten percent (10%) of the funds may be used to advertise the provider recruitment program. (c) The department shall solicit provider recruitment applications from hospitals, physicians and others seeking to recruit providers. The applications shall be prioritized by need based on geographic area, then by medical need within the geographic area. Priority shall be given to recruitment of private practice providers. The department shall issue award letters to the persons or entities receiving grant authorizations within sixty (60) days after the close of an application period. The grant authorizations shall authorize the person or entity receiving it, for a period of one (1) year, to make a firm offer of recruitment incorporating the benefits authorized by this section to a candidate, conditioned upon Wyoming licensure and the candidate's signed written agreement to the conditions of this section. (d) The department shall promulgate rules and regulations to administer the program, including provisions for: (i) Application forms for grants under the program; (ii) Termination of grants and full or partial repayment if a provider fails to comply with the conditions of this section, rules and regulations of the department adopted pursuant to this section or the terms of the written incentive agreement; (iii) Reporting requirements for grant recipients. (e) Grants provided under this section shall be subject to the following: (i) The provider shall be recruited to a stipulated geographic area; (ii) A provider shall relocate his practice to the state of Wyoming from outside of the state to be eligible for a grant. Providers relocating to the state of Wyoming to become employed by the state or by the United States shall not be eligible for grants. The requirement to relocate pursuant to this paragraph shall not apply to providers recruited from a family practice residency in the state or recruitment of providers employed by the United States department of defense; (iii) The recruitment conditions between a hospital and a physician shall meet the conditions set forth in 42 C.F.R. 411.357(e), as amended; (iv) Recruitment of new providers shall be based on demonstrable need. Those recruiting persons or entities demonstrating the greatest need, in the discretion of the department shall be given the highest priority in receiving grants pursuant to this section; (v) All recruitment incentives shall be in writing and shall be reported on federal income tax forms; (vi) The recruited provider shall agree to provide medical services in the community to which he was recruited for a period of not less than two (2) years or the recruiting entity shall repay any monies granted under subparagraphs (e)(viii)(B) through (D) of this section to the state of Wyoming plus interest at the rate of ten percent (10%) per annum; (vii) The recruited provider shall agree to provide medical care for not less than two (2) years in underserved areas of the state and shall accept patients qualified under the Medical Assistance and Services Act, Title XVIII of the federal Social Security Act and the child health insurance program who seek medical care which the health care provider is qualified to provide or the recruiting entity shall repay any monies granted under this section to the state of Wyoming plus interest at the rate of ten percent (10%) per annum; (viii) Costs reimbursed through grants under the program shall be documented by the provider as required by the department and may include: (A) As incentive to the provider recruitment process, recruitment actual costs, up to ten thousand dollars ($10,000.00) per recruited provider, may be awarded to the successful recruiting person or entity paying those costs; (B) Relocation expenses, not to exceed twenty thousand dollars ($20,000.00); (C) Malpractice insurance premium for two (2) years, not to exceed ten thousand dollars ($10,000.00) per year; (D) Signing bonuses not to exceed thirty thousand dollars ($30,000.00). (ix) Repealed by Laws 2015, ch. 89, § 2. (x) Repealed by Laws 2015, ch. 89, § 2. (f) As used in this section: (i) "Department" means the department of health; (ii) "Hospital" means a county memorial, rural health care district or special hospital district formed and licensed under the laws of the state; (iii) "Physician" means an individual licensed or eligible to be licensed under the laws of this state to practice medicine; (iv) "Program" means the Wyoming provider recruitment grant program; (v) "Recruiting entity" means a hospital, physician, clinic or other appropriate local organization; (vi) "Provider" means an individual licensed or eligible to be licensed in a health care profession under title 33 of the Wyoming statutes. CHAPTER 2 HOSPITALS, HEALTH CARE FACILITIES AND HEALTH SERVICES ARTICLE 1 IN GENERAL 35 2 101. Repealed by Laws 1989, ch. 277, § 2. 35 2 102. Repealed by Laws 1989, ch. 277, § 2. 35 2 103. Repealed by Laws 1989, ch. 277, § 2. 35 2 104. Repealed by Laws 1989, ch. 277, § 2. 35 2 105. Repealed by Laws 1989, ch. 277, § 2. 35 2 106. Repealed by Laws 1989, ch. 277, § 2. 35 2 107. Repealed by Laws 1989, ch. 277, § 2. 35 2 108. Repealed by Laws 1989, ch. 277, § 2. 35 2 109. Repealed by Laws 1989, ch. 277, § 2. 35 2 110. Repealed by Laws 1989, ch. 277, § 2. 35 2 111. Repealed by Laws 1989, ch. 277, § 2. 35 2 112. Repealed by Laws 1989, ch. 277, § 2. 35 2 113. Doctors of medicine, osteopathy, chiropractic, dentistry or podiatrists may practice in public hospitals. Any hospital owned by the state, or any hospital district, county or city thereof, and any hospital whose support, either in whole or in part, is derived from public funds, shall be open for practice to doctors of medicine, doctors of osteopathy, doctors of chiropractic, doctors of dentistry and podiatrists, who are licensed to practice medicine or surgery, chiropractic, dentistry or podiatry in this state. Provided, however, that these hospitals by appropriate bylaws shall promulgate reasonable and uniform rules and regulations covering staff admissions and staff privileges. Admission shall not be predicated solely upon the type of degree of the applicant and the governing body shall consider the competency and character of each applicant. 35 2 114. Liability insurance authorized; effect of procurement. (a) The governing body of any county memorial hospital, hospital district or other governmental agency which provides health care services or mental health services within this state may procure any type or amount of liability insurance coverage as it deems prudent to cover any loss by reason of liability for damages on account of injury, sickness or disease, death, property loss or damage. This shall not be construed as creating a liability of such county memorial hospital, hospital district or governmental agency insuring itself, nor shall the failure to procure any such insurance be construed as creating any liability of the county memorial hospital, hospital district or other governmental agency. (b) To the extent of any such insurance coverage procured by a county memorial hospital, hospital district or other governmental agency providing health care or mental health services, the defense of governmental immunity is expressly waived. All defenses which would be available to a private corporation in an action against the corporation are available to the county memorial hospital, hospital district or other health care governmental agency. (c) None of these provisions shall be construed as waiving the individual immunity of any employee, board member or officer of a county memorial hospital, hospital district or other health care governmental agency when the person is acting within the scope of his employment or authority. 35 2 115. Emergency services. (a) Emergency service and care shall be provided, at the regularly established charges of the hospital, to any person requesting such services or care, or for whom such services or care is requested, for any condition in which the person is in danger of loss of life, or serious injury or illness, at any hospital licensed in the state of Wyoming that maintains and operates emergency services to the public when such hospital has appropriate facilities and qualified personnel available to provide such services or care. (b) Neither the hospital, its employees, nor any physician licensed to practice in the state of Wyoming shall be held liable in any action arising out of a refusal to render emergency services or care at such licensed hospital, if ordinary medical care and skill is exercised in determining the condition of the person, and a decision is made that such refusal shall not result in any permanent illness or injury to such person or a decision is made that sufficient qualified personnel are not available to treat said person, or a decision is made that facilities or equipment are not available to treat said person or in determining the appropriateness of the facilities, the qualifications and availability of personnel to render such services. 35 2 116. Repealed by Laws 1983, ch. 63, § 2. 35 2 117. Repealed by Laws 1983, ch. 63, § 2. 35 2 118. Reserved. 35 2 119. Repealed by Laws 1989, ch. 277, § 2. 35 2 120. Repealed by Laws 1989, ch. 277, § 2. 35 2 121. Repealed by Laws 1987, ch. 52, § 1. ARTICLE 2 NEW INSTITUTIONAL HEALTH SERVICES 35 2 201. Repealed by Laws 1985, ch. 227, § 4; 1987, ch. 225, § 1. 35 2 202. Repealed by Laws 1985, ch. 227, § 4; 1987, ch. 225, § 1. 35 2 203. Repealed by Laws 1985, ch. 227, § 4; 1987, ch. 225, § 1. 35 2 204. Repealed by Laws 1985, ch. 227, § 4; 1987, ch. 225, § 1. 35 2 205. Repealed by Laws 1985, ch. 227, § 4; 1987, ch. 225, § 1. 35 2 206. Repealed by Laws 1985, ch. 227, §§ 1, 4; 1987, ch. 225, § 1. 35 2 207. Repealed by Laws 1985, ch. 227, §§ 2, 4; 1987, ch. 225, § 1. 35 2 208. Repealed by Laws 1985, ch. 227, § 4; 1987, ch. 225, § 1. 35 2 209. Repealed by Laws 1985, ch. 227, § 4; 1987, ch. 225, § 1. 35 2 210. Repealed by Laws 1985, ch. 227, § 4; 1987, ch. 225, § 1. 35 2 211. Repealed by Laws 1985, ch. 227, § 4; 1987, ch. 225, § 1. 35 2 212. Repealed by Laws 1985, ch. 227, § 2. 35 2 213. Repealed by Laws 1985, ch. 227, § 2. 35 2 214. Repealed by Laws 1985, ch. 227, § 2. ARTICLE 3 STATE HOSPITAL AND MEDICAL FACILITIES SURVEY AND CONSTRUCTION 35 2 301. Short title. This act may be cited as the "State Hospital and Medical Facilities Survey and Construction Act." 35 2 302. Definitions. (a) As used in this act: (i) "Commissioner" means the director of the state department of health. The director of the state department of health shall be, ex officio, the commissioner; (ii) "The federal act" means title VI of the Public Health Service Act (42 U.S.C. § 291 et seq.) as is now and as may hereafter be amended; (iii) "The surgeon general" means the surgeon general of the public health service of the United States; (iv) "Hospital" includes public health centers and general, tuberculosis, mental, chronic disease, and other types of hospitals, and related facilities, such as laboratories, outpatient departments, nurses' home and training facilities, and central service facilities operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care; (v) "Public health center" means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection with public health centers; (vi) "Nonprofit hospital" means any hospital or medical facility owned and operated by a corporation or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; (vii) "Medical facilities" means diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes as those terms are defined in the federal act and such other medical facilities for which federal aid may be authorized under the federal act. 35 2 303. Department of health; sole agency for making an inventory and developing and administering state plan. (a) The department of health shall constitute the sole agency of the state for the purpose of: (i) Making an inventory of existing hospitals and medical facilities, surveying the need for construction of hospitals and medical facilities, and developing a program of hospital construction as provided in W.S. 35 2 320 through 35 2 322; and (ii) Developing and administering a state plan for the construction of public and other nonprofit hospitals and medical facilities as provided in W.S. 35 2 340 through 35 2 345. 35 2 304. Powers and duties of commissioner enumerated. (a) In carrying out the purposes of the act, the commissioner is authorized and directed: (i) To require such reports, make such inspections and investigations and prescribe such regulations as he deems necessary; (ii) To provide such methods of administration, appoint personnel and take such other action as may be necessary to comply with the requirements of the federal act and the regulations thereunder; (iii) To procure the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part time or fee for service basis and do not involve the performance of administrative duties; (iv) To the extent that he considers desirable to effectuate the purposes of this act, to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public or private; (v) To accept on behalf of the state and to deposit with the state treasurer any grant, gift or contribution made to assist in meeting the cost of carrying out the purposes of this act, and to expend the same for such purposes; (vi) As required by W.S. 9 2 1014, to report to the governor concerning activities and expenditures and recommendations for such additional legislation as the commissioner considers appropriate to furnish adequate hospital, clinic, and similar facilities to the people of this state. 35 2 305. Repealed by Laws 1979, ch. 155, § 3. 35 2 306. Disbursement of funds. All claims against funds made available for the administration of this act shall be submitted, audited, allowed and paid in the same manner as other claims against the state and in addition thereto shall be approved by the commissioner. 35 2 320. Duties of commissioner. The commissioner is authorized and directed to make an inventory of existing hospitals and medical facilities, including public, nonprofit and proprietary hospitals and medical facilities, to survey the need for construction of hospitals and medical facilities, and, on the basis of such inventory and survey, to develop a program for the construction of such public and other nonprofit hospitals and medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate hospital, medical facility and similar services to all the people of the state. 35 2 321. Construction program. The construction program shall provide, in accordance with regulations prescribed under the federal act, for adequate hospital facilities for the people residing in this state and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of hospital and medical facility services reasonably accessible to all persons in the state. 35 2 322. Application for and use of federal funds. The commissioner is authorized to make application to the surgeon general for federal funds to assist in carrying out the survey and planning activities herein provided. Such funds shall be deposited in the state treasury and shall be available for expenditure for carrying out the purposes of W.S. 35 2 320 through 35 2 322. Any such funds received and not expended for such purposes shall be repaid to the treasury of the United States. 35 2 340. Preparation and submission to surgeon general; notice and hearing prerequisite to submission; publication upon approval; subsequent modifications. The commissioner shall prepare and submit to the surgeon general a state plan which shall include the hospital and medical facilities construction program developed under W.S. 35 2 320 through 35 2 322 and which shall provide for the establishment, administration, and operation of the hospital and medical facilities construction activities in accordance with the requirements of the federal act and regulations thereunder. The commissioner shall, prior to the submission of such plan to the surgeon general, give adequate publicity to a general description of all the provisions proposed to be included therein, and hold a public hearing at which all persons or organizations with a legitimate interest in such plan may be given an opportunity to express their views. After approval of the plan by the surgeon general, the commissioner shall publish a general description of the provisions thereof in at least one (1) newspaper having general circulation in each county in the state, and shall make the plan, or a copy thereof, available upon request to all interested persons or organizations. The commissioner shall from time to time review the hospital and medical facilities construction program and submit to the surgeon general any modifications thereof which he may find necessary and may submit to the surgeon general such modifications of the state plan, not inconsistent with the requirements of the federal act, as he may deem advisable. 35 2 341. Minimum standards of maintenance. The commissioner shall by regulation prescribe minimum standards for the maintenance and operation of hospitals and medical facilities which receive federal aid for construction under the state plan. 35 2 342. Relative need for projects to be set forth. The state plan shall set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed pursuant to the federal act, and provide for the construction, insofar as financial resources available therefor and for maintenance and operation make possible, in the order of such relative need. 35 2 343. Applications for construction projects; conformity to federal and state requirements required. Applications for hospital and medical facility construction projects for which federal funds are requested shall be submitted to the commissioner and may be submitted by the state or any political subdivision thereof or by any public or nonprofit agency authorized to construct and operate a hospital or a medical facility. Each application for a construction project shall conform to federal and state requirements. 35 2 344. Hearing and approval of applications for construction. The commissioner shall afford to every applicant for a construction project an opportunity for a fair hearing. If the commissioner, after affording reasonable opportunity for development and presentation of applications in the order of relative need, finds that a project application complies with the requirements of W.S. 35 2 343 and is otherwise in conformity with the state plan, he shall approve such application and shall recommend and forward it to the surgeon general. 35 2 345. Inspection of construction projects; payment of installment of federal funds. From time to time the commissioner shall inspect each construction project approved by the surgeon general, and, if the inspection so warrants, the commissioner shall certify to the surgeon general that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant. ARTICLE 4 HOSPITAL DISTRICTS 35 2 401. Establishment of hospital district. (a) Repealed by Laws 1998, ch. 115, § 5. (b) Repealed by Laws 1998, ch. 115, § 5. (c) Repealed by Laws 1998, ch. 115, § 5. (d) A special hospital district may be created and subsequent district elections held through the following procedure: (i) The board of county commissioners may, by resolution, submit the question of establishing the special hospital district to the electors of the proposed district at the next general election or another date as provided by W.S. 22 2 104. The board shall provide notice that it will consider such a resolution at least thirty (30) days prior to the meeting at which the resolution will be considered. Notice of the election shall be given as required by W.S. 22 29 110; (ii) If a majority of the voters in the proposed district voting at the election specified in paragraph (i) of this subsection vote for the establishment of the district the board of county commissioners shall enter that fact upon its record and the district is established; (iii) Any subsequent election for a special hospital district created under this subsection shall be held as provided in the Special District Elections Act of 1994. 35 2 402. Repealed by Laws 1998, ch. 115, § 5. 35 2 403. Body corporate; name and style; powers generally; rules and regulations of trustees; definitions of certain terms. (a) Each district is a body corporate, the name of which shall be selected by the board of county commissioners of the county in which the greater area of land within the district is located and which shall be entered upon the commissioner's records. In the name selected, the district may hold property and be a party to contracts, shall have power to sue and be sued, shall be empowered through its governing board to acquire real and personal property and equipment for hospital purposes by gift, devise, bequest or purchase, and enter into contracts for the acquisition by purchase or lease of real and personal property and equipment and convey, lease and otherwise dispose of its property for the hospital. The trustees may make rules and regulations necessary for the purposes of the hospital district and shall file them with the county clerk for each county in which the district is located, and establish sinking funds for hospital purposes as well as issue bonds for the purchase of real property and improvements and equipment for hospital purposes in the manner hereinafter provided. (b) As used in this act: (i) "Hospital" and "hospital purposes" means any institution, place, building or agency in which any accommodation is maintained, furnished or offered for the hospitalization of the sick or injured or care of any person requiring or receiving chronic or convalescent care or emergency medical services, and includes public health centers, community mental health centers and other types of hospitals and centers, including but not limited to general, tuberculosis, mental and chronic disease hospitals, and also medical facilities, and related facilities; (ii) "Medical facilities" includes but is not limited to diagnostic or treatment centers, rehabilitation facilities and nursing homes, as those terms are defined in the Federal Act Public Law 482, 83 congress, July 12, 1954 (C. 471, Sec. 4 (c) (f), 68 Stat. 465 466), as amended; (iii) "Related facilities" means but is not limited to laboratories, outpatient departments, nurses' homes and nurses' training facilities and central service facilities operated in connection with hospitals. (c) In addition to subsection (a) of this section, each district may engage in activities authorized under W.S. 18 8 301 subject to requirements and conditions specified therein. (d) Subject to constitutional limitations, in addition to any other securities the legislature authorizes or has authorized by law for investment, any funds of the district may be invested by the board in any security which has been recommended by an investment advisor registered under the Uniform Investment Advisor's Act of 1940 as amended, or any bank exercising its trust powers, and approved by the district board. In approving securities for the investment under this subsection, the board shall be subject to and act in accordance with the provisions of the Wyoming Uniform Prudent Investor Act. The provisions of this subsection shall not be construed to authorize the use of any revenues generated from taxes to engage in any activity authorized under W.S. 18 8 301(a). 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