2010 Wyoming Statutes
Title 35 - Public Health And Safety
Chapter 2 - Hospitals, Health Care Facilities And Health Services

CHAPTER 2 - HOSPITALS, HEALTH CARE FACILITIES AND HEALTHSERVICES

 

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 Repealed by Laws 1989, ch. 277, 2.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 Repealed by Laws 1989, ch. 277, 2.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 Repealed by Laws 1989, ch. 277, 2.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 Repealed by Laws 1989, ch. 277, 2.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 Repealed by Laws 1989, ch. 277, 2.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 Repealed by Laws 1989, ch. 277, 2.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 Repealed by Laws 1989, ch. 277, 2.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 Repealed by Laws 1989, ch. 277, 2.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 Repealed by Laws 1989, ch. 277, 2.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 Repealed by Laws 1989, ch. 277, 2.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 Repealed by Laws 1989, ch. 277, 2.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 Repealed by Laws 1989, ch. 277, 2.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 established and subsequent elections held under the procedures for petitioning, hearing and election of special districts as set forth 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, 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).

 

35-2-404. Procedure for initial election of trustees; number, term of trustees; qualifications; disposition of ballots and affidavits.

 

(a) An election of trustees shall be held in accordance with the Special District Elections Act of 1994 at the same time as the election for the formation of the district. At the election a board of five (5) trustees shall be elected who shall serve without compensation to govern the affairs of the district. There shall be elected three (3) members to serve until the next succeeding district election and two (2) members to serve until the second succeeding district election and until their successors are elected and qualified. Thereafter, members shall be elected for terms of four (4) years. The board of trustees shall, prior to the publication of notice required under W.S. 22-29-112(c), determine whether the board of trustees should be established at five (5) members or seven (7) members. If the board determines that the number of trustees should be expanded it may appoint the additional members in accordance with W.S. 22-29-202 until the next subsequent trustee election. The next subsequent trustee election shall reflect any modification made. If a board of trustees fails to establish the number of trustees to be elected, the board shall be established at five (5) members. No current term of any trustee shall be affected by any modification made under this subsection. Subsequent elections shall be held in accordance with the Special District Elections Act of 1994.

 

(b) Excluding employees of the district, any qualified elector resident in a hospital district is eligible to hold the office of hospital district trustee in the hospital district.

 

(c) After the official certificate of election has been prepared, ballots and affidavits shall be sealed in envelopes and retained by the appropriate board for six (6) months or until termination of any election contest affected by the ballots or affidavits and shall then be destroyed. Prior to destruction, the envelope shall be opened only on court order.

 

35-2-405. Repealed by Laws 1980, ch. 19, 3.

 

 

35-2-406. Repealed by Laws 1980, ch. 19, 3.

 

 

35-2-407. Repealed by Laws 1980, ch. 19, 3.

 

 

35-2-408. Repealed by Laws 1980, ch. 19, 3.

 

 

35-2-409. Repealed by Laws 1980, ch. 19, 3.

 

 

35-2-410. Repealed by Laws 1980, ch. 19, 3.

 

 

35-2-411. Repealed by Laws 1980, ch. 19, 3.

 

 

35-2-412. Repealed by Laws 1998, ch. 115, 5.

 

 

35-2-413. Repealed by Laws 1998, ch. 115, 5.

 

 

35-2-414. Administration of finances; assessment and levy of tax.

 

(a) The board of trustees of special hospital districts shall administer the finances of such districts according to the provisions of the Wyoming Municipal Budget Act. The assessor shall at the time of making the annual assessment of his district also assess the property of each special hospital district in his county and return to the county assessor at the time of returning the assessment schedules, separate schedules listing the property of each such district assessed by him. Said separate schedules shall be compiled by the county assessor, footed and returned to the board of county commissioners as provided for other assessment schedules.

 

(b) The board of county commissioners, at the time of making the levy for county purposes shall levy a tax for that year upon the taxable property in such district in its county for its proportionate share based on assessed valuation of the estimated amount of funds needed by each such district, but in no case shall the tax for such district exceed in any one (1) year the amount of three (3) mills for operation on each dollar of assessed valuation of such property except as provided by subsection (c) of this section. There shall be no limit on the assessment for the payment of principal and interest on bonds approved by the board of county commissioners and approved by the electors of the district as provided in W.S. 35-2-415. The taxes and assessments of all special hospital districts shall be collected by the county collector at the same time and in the same manner as state and county taxes are collected, provided, however, said assessment and tax levied under the provisions of this act shall not be construed as being a part of the general county mill levy.

 

(c) Notwithstanding subsection (b) of this section, if the board of trustees votes to increase the mill levy beyond three (3) mills as authorized by subsection (b) of this section, the board of county commissioners shall call an election within the district upon the question of whether the mill levy should be increased beyond three (3) mills. The election shall be called, conducted and canvassed as provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112, on the first date authorized under W.S. 22-21-103 which is not less than sixty (60) days after the trustees vote to increase the mill levy beyond three (3) mills. In no event shall the tax in a district exceed in any one (1) year the amount of six (6) mills for operation and maintenance on each dollar of assessed valuation of property. The increase in mill levy is effective only if the question is approved by a majority of those voting thereon within the hospital district. The cost of any special election under this subsection shall be borne by the board of trustees.

 

(d) If the proposition to authorize a mill levy is approved, the same proposition or a proposition to impose a mill levy in a different amount, not to exceed three (3) mills, shall be submitted to the voters, until defeated, at the second general election following the election at which the proposition was initially approved and at the general election held every four (4) years thereafter. If the proposition to impose or continue the tax is defeated, the proposition shall not again be submitted to the electors for at least twenty-three (23) months.

 

35-2-415. General obligation coupon bonds; requirements as to issuance generally; submission of question to electors.

 

The board of trustees of a hospital district may upon approval of the board of county commissioners submit to the electors of the district the question whether the board shall be authorized to issue the general obligation coupon bonds of the district in a certain amount, not to exceed five percent (5%) of the assessed value of the taxable property in the district, and bearing a certain rate of interest, payable and redeemable at a certain time, not exceeding twenty-five (25) years for the purchase of real property, for the construction or purchase of improvements and for equipment for hospital purposes.

 

35-2-416. General obligation coupon bonds; conduct and results of election.

 

The election authorized under W.S. 35-2-415 shall be called, conducted and the results thereof canvassed and certified in all respects as near as practicable in the same manner as is provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.

 

35-2-417. General obligation coupon bonds; issuance, form, notice, value, rejection of bids, and private sale.

 

If the proposal to issue said bonds shall be approved, the board of trustees may issue such bonds in such form as the board may direct and shall give notice by publication in some newspaper published in the counties in which said district is located and in some newspaper of general circulation in the capital of this state of its intention to issue and negotiate such bonds, and to invite bidders therefor; provided that in no case shall such bonds be sold for less than their full or par value and the accrued interest thereon at the time of their delivery. And the said trustees are authorized to reject any bids, and to sell said bonds at private sale, if they deem it for the best interests of the district.

 

35-2-418. General obligation coupon bonds; preparation and execution; register to be kept.

 

After ascertaining the best terms upon and the lowest interest at which said bonds can be negotiated, the board shall secure the proper engraving and printing and consecutive numbering thereof, and said bonds shall thereupon be otherwise properly prepared and executed. They must bear the signature of the president of the board of trustees and be countersigned by the secretary of the board and bear the district seal and be countersigned by the county treasurer of the county in which said district's funds are kept, and the coupons attached to the bonds must be signed by the said president, secretary and county treasurer; and the secretary of the board shall endorse a certificate upon every such bond, that the same is within the lawful debt limit of such district and is issued according to law and he shall sign such certificate in his official character. When so executed, they shall be registered by the county treasurer where said district's funds are kept in a book provided for that purpose, which must show the number and amount of each bond and the person to whom the same is issued.

 

35-2-419. General obligation coupon bonds; payment guaranteed.

 

The full faith and credit of each hospital district is solemnly pledged for the payment of the interest and the redemption of the principal of all bonds which are issued by such district.

 

35-2-420. General obligation coupon bonds; payment of interest and principal.

 

The county treasurer where said district's funds are kept may pay out of any moneys belonging to said district tax fund, the interest and the principal upon any bonds issued by such district, when the same becomes due, upon the presentation at his office of the proper coupon or bond, which must show the amount due, and each coupon must also show the number of the bond to which it belonged, and all bonds and coupons so paid, must be reported to the district trustees at their first regular meeting thereafter.

 

35-2-421. General obligation coupon bonds; validity.

 

All hospital districts heretofore formed and organized under the provisions of chapter 58 of the Session Laws of Wyoming, 1949, or under the provisions of chapter 141, Session Laws of Wyoming, 1951, are hereby declared to be duly organized and existing hospital districts; and all bonds heretofore issued and sold for the purpose of providing for the purchase of real property and improvements and equipment for hospital purposes, by any hospital district established under the provisions of chapter 58, Session Laws of Wyoming, 1949, or under the provisions of chapter 141, Session Laws of Wyoming, 1951, where the purchase money for such bonds has been actually received and retained for the purpose for which such bonds were sold, are hereby declared to be the valid and legally binding obligations of such district and all proceedings under which such bonds were issued are approved, ratified and declared valid.

 

35-2-422. Additional area within district; annexation; method.

 

(a) Whenever a hospital district has been established as provided by law, it may be enlarged by annexation of additional, contiguous territory within the county.

 

(b) Whenever a petition, signed by twenty-five percent (25%) of the registered electors residing within the area to be annexed in the county which is not part of an established hospital district in the county, is presented to the board of county commissioners of the county, the county commissioners shall within five (5) days request the board of trustees of the established hospital district either to approve or reject the petition.

 

(c) The board of trustees of the hospital district shall act upon the request within thirty (30) days. If no action is taken within that time, the petition is deemed rejected by the trustees. If the petition is accepted by the trustees, the board of county commissioners shall call an election within the county upon the question of whether the area described by the petition shall be annexed to the existing hospital district. The election shall be called for the next election date authorized under W.S. 22-21-103 which is not less than sixty (60) days after the petition is accepted and be conducted in accordance with the procedure for bond elections as provided by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112. The annexation is effective only if the question is approved by a majority of those voting thereon both within the existing hospital district and within the area described by the petition. The board of county commissioners shall by resolution declare the district expanded by the additional area and shall designate a name for the expanded hospital district.

 

(d) After the resolution declaring the existence of the expanded hospital district, the board of county commissioners shall call an election for the purpose of election of trustees of the hospital district as expanded. The board of trustees of the hospital district shall be qualified electors of the entire district so expanded. The election shall be called for a date determined by the board of county commissioners and shall be held in the manner provided by law for the first election of trustees of the original district. Trustees of the original district shall remain in office until the trustees of the expanded district are elected and qualified.

 

35-2-423. Restriction on maintenance of hospitals in cities and towns.

 

No city or town which is within the boundaries of a special hospital district organized under W.S. 35-2-401 through 35-2-436 shall construct or operate a hospital more than one (1) year after the formation of the hospital district. Nothing in this section prohibits a city or town from contributing to the support of a hospital district.

 

35-2-424. Securities for acquiring and improving hospitals and related facilities; issuance authorized; lines of credit and tax and revenue anticipation notes.

 

(a) The trustees of a hospital district established pursuant to W.S. 35-2-401, are hereby authorized to issue revenue bonds, notes and warrants or other revenue securities, hereinafter referred to as securities, for the purpose of acquiring, erecting, constructing, reconstructing, improving, remodeling, furnishing and equipping hospitals and related facilities, and acquiring a site or sites therefor, from time to time hereafter as the trustees may determine.

 

(b) If there are no monies available to the trustees of a hospital district before receipt of property taxes the trustees may issue warrants in anticipation of the receipt of property taxes for payment of operational expenses. The aggregate amount of the warrants shall not exceed the total amount of taxes levied. The warrants shall be payable solely from the collected taxes.

 

(c) The trustees of a hospital district may obtain financing for its operations by entering into agreements for lines of credit with any financial institution as defined in W.S. 13-1-101(a)(ix). The line of credit may either be unsecured, or secured by a pledge of revenues anticipated to be received during the current fiscal year.

 

(d) In addition to its authority to issue warrants under this section, the trustees of a hospital district may issue tax and revenue anticipation notes in amounts not to exceed eighty percent (80%) of the total amount of taxes levied for operation of the district for the fiscal year during which the notes are issued when the board determines that insufficient funds are available to meet the obligations of the hospital during any fiscal year. A hospital district shall not enter into agreements or issue instruments of the type allowed by this section for any fiscal year until all debts financed by such agreements or instruments for any prior fiscal year have been paid in full. Tax and revenue anticipation notes issued under this subsection are subject to the procedural requirements of W.S. 9-4-1103 through 9-4-1105 for state tax and revenue anticipation notes, except:

 

(i) The authority of the state treasurer referenced in W.S. 9-4-1103 through 9-4-1105 shall be exercised by the board issuing the notes; and

 

(ii) Notwithstanding W.S. 9-4-1105(a), investments of the proceeds of the notes by the board are limited to those investments authorized under W.S. 9-4-831.

 

35-2-425. Securities for acquiring hospitals and related facilities; requirements generally.

 

 

(a) Except as otherwise provided, securities issued hereunder shall be authorized by resolution adopted by the trustees, shall bear date or dates, shall be in a denomination or denominations, shall mature at a time or times but in no event exceeding fifty (50) years from their date, shall be sold at public or private sale, and the securities and coupons shall be payable in a medium of payment at a banking institution or other place or places within or without the state, as determined by the trustees, may be made subject to prior redemption in advance of maturity in order or by lot or otherwise at a time or times without or with the payment of a premium or premiums not exceeding ten percent (10%) of the principal amount of the security so redeemed, as determined by the trustees. The resolution may provide for the accumulation of net revenue for a reserve fund and shall contain other or further covenants and agreements as may be determined by the governing board for the protection of bondholders.

 

(b) Any resolution authorizing the issuance of securities or other instruments appertaining thereto may provide for the capitalizing of interest on any securities during any period of construction estimated by the trustees and one (1) year thereafter and any other cost of any project herein authorized, by providing for the payment of the amount capitalized from the proceeds of the securities.

 

(c) Securities may be issued with privileges for conversion or registration, or both, for payment as to principal or interest, or both.

 

(d) Any resolution authorizing the issuance of securities, or any other instrument appertaining thereto may provide for their reissuance in other denominations in negotiable or nonnegotiable form and otherwise in such manner and form as the trustees may determine.

 

(e) Any resolution authorizing, or other instrument appertaining to, any securities hereunder may provide that each security therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all securities issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.

 

(f) Subject to the payment provisions herein specifically provided, any securities, any interest coupons thereto attached, shall be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code, except as the trustees may otherwise provide, and each holder of such security, or of any coupons appertaining thereto, by accepting such security or coupon shall be conclusively deemed to have agreed that such security or coupon (except as otherwise provided) is and shall be fully negotiable within the meaning and for all purposes of said Uniform Commercial Code.

 

(g) Notwithstanding any other provision of law, the trustees in any proceedings authorizing securities hereunder:

 

(i) May provide for the initial issuance of one (1) or more securities aggregating the amount of the entire issue or any part thereof;

 

(ii) May make such provisions for installment payments of the principal amount of any such security as it may consider desirable;

 

(iii) May provide for the making of any such security payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payment of interest on such securities.

 

(h) Except for any securities which are registrable for payment of interest, interest coupons payable to bearer and appertaining to the securities shall be issued and shall bear the original or facsimile signature of the president of the trustees.

 

(j) Any securities herein authorized may be executed as provided by W.S. 16-2-101 through 16-2-103.

 

(k) The securities and any coupons bearing the signature of the officers in office at the time of the signing thereof, shall be valid and binding obligations of the trustees, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.

 

35-2-426. Securities for acquiring hospitals and related facilities; not a general obligation of hospital district or trustees; payable from special fund.

 

The securities to be issued hereunder shall not constitute a general obligation of the hospital district, nor of the trustees, but shall be payable solely from a special fund to contain the net revenue to be derived from the operation of the hospitals and related facilities, such revenues being defined as those remaining after paying the costs of operating and maintaining said facilities.

 

35-2-427. Securities for acquiring hospitals and related facilities; issuance from time to time in one or more series.

 

The securities authorized hereby may be issued from time to time and in one (1) or more series as the trustees may determine.

 

35-2-428. Securities for acquiring hospitals and related facilities; obligation of trustees to holders; suit for default, misuse of funds.

 

The obligation of the trustees to the holders of the securities shall be limited to applying the funds, as set forth above, to the payment of interest and principal on said securities, and the securities shall contain a provision to that effect. In the event of default in the payment of said securities or the interest thereon, and in the event that the trustees are misusing such funds or not using them as provided by this act and the resolution authorizing the securities, or in the event of any other breach of any protective covenant or other contractual limitation, then such holders, or any of them, may bring suit against the trustees in the district court of the county in which the hospital or any of its related facilities are located for the purpose of restraining the trustees from using such funds for any purpose other than the payment of the principal and interest on such securities in the manner provided, or for any other appropriate remedy.

 

35-2-429. Construction to be done by contract based on competitive bidding; alternate delivery methods.

 

(a) Except as provided under subsection (b) of this section and otherwise, the work of constructing the various buildings shall be done by contract based on competitive bidding. Notice of call for bids shall be for such period of time and in such manner as the trustees may determine, and the trustees shall have the power to reject any and all bids and readvertise for bids as they consider proper.

 

(b) Any hospital district may contract for design and construction services through an alternate delivery method as defined in W.S. 16-6-701.

 

35-2-430. Board may insure facilities.

 

The board may insure said facilities against public liability, property damage or loss of revenues from any cause.

 

35-2-431. Investment in securities.

 

Securities issued pursuant to this act shall be eligible for investment by banking institutions and for estate, trust, and fiduciary funds, and such securities and the interest thereon shall be exempt from taxation by this state and any subdivision thereof. The state treasurer of the state of Wyoming with the approval of the governor and the attorney general is hereby authorized to invest any permanent state funds available for investment in the securities to be issued hereunder.

 

35-2-432. Refunding securities.

 

 

(a) Any securities of the board of a hospital district issued hereunder or pursuant to any other act and payable from any pledged revenues may be refunded by the board by the adoption of a resolution or resolutions by the board authorizing the issuance of securities at public or private sale:

 

(i) To refund, pay, and discharge all or any part of such outstanding securities of any one (1) or more or all outstanding issues, including any interest thereon in arrears, or about to become due for any period not exceeding three (3) years from the date of the refunding securities; or

 

(ii) For the purpose of reducing interest costs or effecting other economies; or

 

(iii) For the purpose of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds, otherwise concerning the outstanding securities, or to any facilities appertaining thereto; or

 

(iv) For the purpose of avoiding or terminating any default; or

 

(v) For any combination thereof.

 

(b) Nothing contained in this act nor in any other law of this state shall be construed to permit the board to call securities now or hereafter outstanding for prior redemption in order to refund such securities or in order to pay them prior to their stated maturities, unless the right to call such securities for prior redemption was specifically reserved and stated in such securities at the time of their issuance.

 

(c) Except as provided in this section, refunding securities shall be subject to the same rights, liabilities, conditions and covenants as are provided for the securities contained in this act.

 

35-2-433. Powers and responsibility of board of trustees.

 

The board of trustees have plenary powers and responsibility for the acquisition, construction, and completion of all projects authorized by the resolution to issue revenue securities or refunding securities.

 

35-2-434. Board may accept grants.

 

The board may accept grants of money or materials or property of any kind from the federal government, the state, any agency or political subdivision thereof, or any person, upon such terms and conditions as the federal government, the state, or such agency or political subdivision, or person may impose.

 

35-2-435. Charges and rentals.

 

The board shall establish and collect charges for services and rentals for use of facilities furnished, acquired, constructed, or purchased from the proceeds of such securities, sufficient to pay the principal or the interest, or both, on the securities as they become due and payable, together with such additional sums as may be deemed necessary for accumulating reserves and providing for obsolescence and depreciation and to pay the expenses of operating and maintaining such facilities. The board shall establish all other charges, fees, and rates to be derived from the operation of the hospital or any other facility of the hospital district.

 

35-2-436. Liberal construction.

 

This act being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.

 

35-2-437. Trustee districts by rule; requirements.

 

When the assessed valuation of the property within a hospital district exceeds three million dollars ($3,000,000.00), the board of trustees for that hospital district may divide the district into no more than three (3) trustee districts and provide for the election of at least one (1) trustee from each trustee district. To become effective, the rule creating trustee districts shall be approved by order of the board of county commissioners of the county in which the greater area of property within the district is located. All trustees shall be residents or property owners of the trustee district from which elected. The board of trustees may provide for the trustees to be elected at-large if these trustees are residents of the hospital district.

 

35-2-438. Dissolution.

 

(a) Subject to the requirements of this section, the trustees of a hospital district may vote to dissolve and terminate the district. The plan to dissolve and terminate the district shall provide for the following:

 

(i) Payment of all bonded and other indebtedness against the district;

 

(ii) Disposition of assets of the district upon dissolution. The assets may either be donated to a nonprofit or governmental hospital or health care facility which provides services to the residents of the hospital district upon such conditions as agreed to by the nonprofit or governmental hospital or health care facility, or conveyed to the county to be used solely for health care purposes by the county.

 

(b) Before any plan to dissolve and terminate a hospital district is effective, the plan shall be approved by a majority of the qualified electors of the hospital district who vote on the question. The vote on the question may be submitted to the qualified electors at an election following the provisions of W.S. 22-29-404 as applicable. The question to be presented to the qualified electors is: "Shall Hospital District .... be dissolved in accordance with the plan of dissolution approved by the board of trustees?"

 

Yes No

 

(c) If the qualified electors of the district approve the dissolution and termination plan, the board of trustees are empowered to take all action necessary to effectuate the plan and dissolve and terminate the hospital district.

 

ARTICLE 5 - WYOMING SANITARIUM

 

35-2-501. Repealed by Laws 1982, ch. 62, 4.

 

 

35-2-502. Repealed by Laws 1982, ch. 62, 4.

 

 

35-2-503. Repealed by Laws 1982, ch. 62, 4.

 

 

ARTICLE 6 - HOSPITAL RECORDS AND INFORMATION

 

35-2-601. Repealed by Laws 1991, ch. 194, 2.

 

 

35-2-602. Repealed by Laws 1991, ch. 194, 2.

 

 

35-2-603. Repealed by Laws 1991, ch. 194, 2.

 

 

35-2-604. Repealed by Laws 1991, ch. 194, 2.

 

 

35-2-605. Definitions.

 

 

(a) As used in this act, unless the context otherwise requires:

 

(i) "Audit" means an assessment, evaluation, determination or investigation of a hospital or a health care provider by a person not employed by or affiliated with the provider to determine compliance with:

 

(A) Statutory, regulatory, fiscal, medical or scientific standards;

 

(B) A private or public program of payments to a hospital or health care provider; or

 

(C) Requirements for licensing, accreditation or certification.

 

(ii) "Data" means all reports, notes, findings, opinions or records of any hospital medical staff committee, including its consultants, advisors and assistants;

 

(iii) "Directory information" means information disclosing the presence and the general health condition of a particular patient who is an inpatient in a hospital or who is currently receiving emergency health care in a hospital;

 

(iv) "General health condition" means the patient's health status described in terms of "critical," "poor," "fair," "good," "excellent" or terms denoting similar conditions;

 

(v) "Health care" means any care, service or procedure provided in a hospital licensed under the laws of this state:

 

(A) To diagnose, treat or maintain a patient's physical or mental condition; or

 

(B) That affects the structure or any function of the human body.

 

(vi) "Health care facility" means a hospital, clinic or nursing home where a health care provider provides health care to patients;

 

(vii) "Health care information" means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and relates to the patient's health care, and includes any record of disclosures of that information;

 

(viii) "Health care provider" means a person who is licensed, certified or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession, but does not include a person who provides health care solely through the sale or dispensing of drugs or medical devices;

 

(ix) "Hospital" means establishments with organized medical staffs, with permanent facilities that include inpatient beds, and with medical services, including physician services and continuous nursing services, to provide diagnosis, treatment and continuity of care for patients;

 

(x) "Hospital medical staff committee" means any committee within a hospital, consisting of medical staff members or hospital personnel, which is engaged in supervision, discipline, admission, privileges or control of members of the hospital's medical staff, evaluation and review of medical care, utilization of the hospital facilities or professional training;

 

(xi) "Institutional review board" means any board, committee or other group formally designated by an institution, or authorized under federal or state law, to review, approve the initiation of, or conduct periodic review of research programs to assure the protection of the rights and welfare of human research subjects;

 

(xii) "Maintain," as related to health care information, means to hold, possess, preserve, retain, store or control that information;

 

(xiii) "Patient" means an individual who receives or has received health care and includes a deceased individual who has received health care;

 

(xiv) "This act" means W.S. 35-2-605 through 35-2-617.

 

35-2-606. Disclosure of health care information by hospital.

 

 

(a) Except as authorized in W.S. 35-2-609, a hospital or an agent or employee of a hospital shall not disclose any hospital health care information about a patient to any other person without the patient's written authorization. A disclosure made under a patient's written authorization shall conform to the terms of that authorization.

 

(b) A hospital shall maintain, in conjunction with a patient's recorded health care information, a record of each person who has received or examined, in whole or in part, the recorded health care information during the next preceding three (3) years, except for a person who has examined the recorded health care information under W.S. 35-2-609(a)(i) through (iii) or (c), or a third party payor for whom authorization for release of information has been granted. The record of disclosure shall include the name, address and institutional affiliation, if any, of each person receiving or examining the recorded health care information, the date of the receipt or examination and, to the extent practicable, a description of the information disclosed.

 

35-2-607. Patient authorization to hospital for disclosure.

 

 

(a) A patient may authorize a hospital to disclose the patient's health care information. A hospital shall honor an authorization and, if requested, provide a copy of the recorded health care information unless the hospital denies the patient access to health care information under W.S. 35-2-612.

 

(b) A hospital may charge a reasonable fee, not to exceed the hospital's actual cost for providing the health care information under this section, and is not required to honor an authorization until the fee is paid.

 

(c) To be valid, a disclosure authorization to a hospital shall:

 

(i) Be in writing and dated and signed by the patient;

 

(ii) Identify the nature of the information to be disclosed;

 

(iii) Identify the person to whom the information is to be disclosed.

 

(d) Except as provided by this act, the signing of an authorization by a patient is not a waiver of any rights the patient has under other statutes, the rules of evidence or common law.

 

(e) A hospital shall retain each authorization or revocation in conjunction with any health care information from which disclosures are made.

 

(f) Except for authorizations to provide information to third-party health care payors, an authorization shall not permit the release of health care information relating to future health care that the patient receives more than twelve (12) months after the authorization is signed.

 

(g) An authorization to disclose health care information under this section is invalid after the expiration date contained in the authorization, which shall not exceed forty-eight (48) months. If the authorization does not contain an expiration date, it expires twelve (12) months after it is signed.

 

35-2-608. Patient's revocation of authorization for disclosure.

 

A patient may revoke an authorization to disclose health care information under W.S. 35-2-607 at any time unless disclosure is required to effectuate payments for health care that has been provided. A patient shall not maintain an action against the hospital for disclosures made in good faith reliance on an authorization if the hospital had no notice of the revocation of the authorization.

 

35-2-609. Disclosure without patient's authorization.

 

(a) A hospital may disclose health care information about a patient without the patient's authorization to the extent a recipient needs to know the information, if the disclosure is:

 

(i) To a person who is providing health care to the patient;

 

(ii) To any other person who requires health care information for health care education or to provide planning, quality assurance, peer review or administrative, legal, financial or actuarial services to the hospital or to assist the hospital in the delivery of health care and the hospital reasonably believes that the person:

 

(A) Will not use or disclose the health care information for any purpose other than that for which it is disclosed; and

 

(B) Will use reasonable care to protect the confidentiality of the health care information.

 

(iii) To any health care provider who has previously provided health care to the patient, to the extent necessary to provide health care to the patient, unless the patient has instructed the hospital not to make the disclosure;

 

(iv) To any person if the hospital reasonably believes that the disclosure will avoid or minimize an imminent danger to the health or safety of the patient or any other individual;

 

(v) To immediate family members of the patient, or any other individual with whom the patient is known to have a close personal relationship, if made in accordance with good medical or other professional practice, unless the patient has instructed the hospital not to make the disclosure;

 

(vi) To a health care facility who is the successor in interest to the hospital maintaining the health care information;

 

(vii) For use in a research project that an institutional review board has determined:

 

(A) Is of sufficient importance to outweigh the intrusion into the privacy of the patient that would result from the disclosure;

 

(B) Is impracticable without the use or disclosure of the health care information in individually identifiably form;

 

(C) Contains reasonable safeguards to protect the information from redisclosure;

 

(D) Contains reasonable safeguards to protect against identifying, directly or indirectly, any patient in any report of the research project; and

 

(E) Contains procedures to remove or destroy at the earliest possible opportunity, consistent with the purposes of the project, information that would enable the patient to be identified, unless an institutional review board authorizes retention of identifying information for purposes of another research project.

 

(viii) To a person who obtains information for purposes of an audit, if that person agrees in writing to:

 

(A) Remove or destroy, at the earliest opportunity consistent with the purpose of the audit, information that would enable the patient to be identified; and

 

(B) Not to disclose the information further, except to accomplish the audit or report unlawful or improper conduct involving fraud in payment for health care, or other unlawful conduct by a health care provider, health care facility or patient.

 

(ix) To an official of a penal or other custodial institution in which the patient is detained.

 

(b) A hospital may disclose health care information about a patient without the patient's authorization if the disclosure is:

 

(i) Directory information, unless the patient has instructed the hospital not to make the disclosure;

 

(ii) To federal, state or local public health authorities, to the extent the hospital is required by law to report health care information or when needed to protect the public health;

 

(iii) To federal, state or local law enforcement authorities to the extent required by law;

 

(iv) Pursuant to W.S. 35-2-610; or

 

(v) Pursuant to W.S. 35-2-912.

 

(c) Subject to bylaws and control by the hospital governing body, the medical staff committees of any hospital shall have access to the records, data and other information relating to the condition and treatment of patients in that hospital for the purposes of:

 

(i) Supervision, discipline, admission, privileges or control of members of that hospital's medical staff;

 

(ii) Evaluating, studying and reporting on matters relating to the care and treatment of patients;

 

(iii) Research, reducing mortality, prevention and treatment of diseases, illnesses and injuries; and

 

(iv) Determining if a hospital and extended care facilities are being properly utilized.

 

(d) All reports, findings, proceedings and data of medical staff committees shall be confidential and privileged. No claim or action shall accrue against any hospital, medical staff member or any employee of either arising out of the denial of staff privileges to any applicant or out of the suspension of, expulsion of or any other restrictive or disciplinary action against any medical staff member or hospital employee unless the action is arbitrary, capricious and without foundation in fact.

 

35-2-610. Compulsory process.

 

(a) Health care information shall not be disclosed by a hospital pursuant to compulsory legal process or discovery in any judicial, legislative or administrative proceeding unless:

 

(i) The patient has consented in writing to the release of the health care information in response to compulsory process or a discovery request;

 

(ii) The patient has waived, in writing, the right to claim confidentiality for the health care information sought;

 

(iii) The patient is a party to the proceeding and has placed his physical or mental condition in issue;

 

(iv) The patient's physical or mental condition is relevant to the execution or witnessing of a will;

 

(v) The physical or mental condition of a deceased patient is placed in issue by any person claiming or defending through or as a beneficiary of the patient;

 

(vi) A patient's health care information is to be used in the patient's commitment proceeding;

 

(vii) The health care information is for use in any law enforcement proceeding or investigation in which a hospital is the subject or a party. Health care information obtained under this paragraph shall not be used in any proceeding, against the patient, unless the matter relates to payment of the patient's health care cost, or unless authorized under paragraph (ix) of this subsection;

 

(viii) The health care information is relevant to a proceeding brought under W.S. 35-2-616; or

 

(ix) A court has determined that particular health care information is subject to compulsory legal process or discovery because the party seeking the information has demonstrated that the interest in access outweighs the patient's privacy interest.

 

(b) Unless the court, for good cause shown, determines that the notification should be waived or modified, if health care information is sought under paragraph (a)(ii), (iv) or (v) of this section or in a civil proceeding or investigation under paragraph (a)(ix) of this section, the person seeking discovery or compulsory process shall mail a notice by first class mail to the patient or the patient's attorney of record of the compulsory process or discovery request at least ten (10) days before presenting the certificate required under subsection (c) of this section to the hospital.

 

(c) Service of compulsory process or discovery requests upon a hospital shall be accompanied by a written certification, signed by the person seeking to obtain health care information, or his authorized representative, and identifying each ground under subsection (a) of this section under which compulsory process or discovery is being sought. The certification shall also state, in the case of information sought under paragraph (a)(ii), (iv), (v) or (ix) of this section, that the requirements of subsection (b) of this section for notice have been met. A person shall sign the certification only if the person reasonably believes that the ground under subsection (a) of this section identified in the certification provides an adequate basis for the use of discovery or compulsory process. Unless otherwise ordered by the court, the hospital shall maintain a copy of the process and the written certification as a permanent part of the patient's health care information.

 

(d) Production of health care information under this section, in and of itself, does not constitute a waiver of any privilege, objection or defense existing under other law or rule of evidence or procedure.

 

35-2-611. Examination and copying of record; explanation of records.

 

 

(a) Upon receipt of a written request from a patient to examine or copy all or part of the patient's recorded health care information, a hospital, as promptly as required under the circumstances, but no later than ten (10) days after receiving the request shall:

 

(i) Make the information available for examination during regular business hours and provide a copy, if requested, to the patient;

 

(ii) Inform the patient if the information does not exist or cannot be found;

 

(iii) If the hospital does not maintain a record of the information, inform the patient and provide the name and address, if known, of the health care provider or health care facility that maintains the record;

 

(iv) If the information is in use or unusual circumstances of delay occur in handling the request, inform the patient and specify in writing the reasons for the delay and the earliest date, which shall not be later than twenty-one (21) days after receiving the request, when the information will be available for examination or copying or when the request will be otherwise answered; or

 

(v) Deny the request, in whole or in part, under W.S. 35-2-612 and inform the patient.

 

(b) Upon request, the hospital shall provide an explanation of any code or abbreviation used in the health care information. If a record of the particular health care information requested is not maintained by the hospital in the requested form, the hospital is not required to create a new record or reformulate an existing record to make the health care information available in the requested form. The hospital may charge a reasonable fee, not to exceed the hospital's actual cost, for providing the health care information and is not required to permit examination or copying until the fee is paid.

 

35-2-612. Denial of examination and copying.

 

 

(a) A hospital may deny access to health care information by a patient if the hospital reasonably concludes that:

 

(i) Knowledge of the health care information would pose an imminent threat to the life or safety of the patient;

 

(ii) Knowledge of the health care information could reasonably be expected to lead to the patient's identification of an individual who provided the information in confidence and under circumstances in which confidentiality was justified;

 

(iii) Knowledge of the health care information could reasonably be expected to pose an imminent threat to the life or safety of any individual;

 

(iv) The health care information is compiled and is used solely for litigation, quality assurance, peer review or administrative purposes; or

 

(v) Access to the health care information is otherwise prohibited by law.

 

(b) If a hospital denies a request for examination and copying under this section, the hospital shall notify the patient in writing and, to the extent possible, shall segregate health care information for which access has been denied from information for which access cannot be denied and permit the patient to examine or copy the disclosable information.

 

(c) If a hospital denies a patient's request for examination and copying, in whole or in part, under paragraph (a)(i) or (iii) of this section, the hospital shall permit examination and copying of the record by a health care provider, selected by the patient, who is licensed, certified or otherwise authorized by law to treat the patient. The hospital denying the request shall inform the patient of the patient's right to select another health care provider under this subsection.

 

35-2-613. Notice of information practices.

 

The hospital shall post a copy of a notice of information practices in a conspicuous place in the hospital and, upon request, provide patients or prospective patients with a copy of the notice. The notice shall be in substantially the following form:

 

Notice

 

"We keep a record of the health care services we provide you. You may ask us to see and copy that record. We do not disclose your record to others unless you direct us to do so or unless the law authorizes or compels us to do so. You may see your record or get more information about it at .... (location of where records may be reviewed or where information is available)."

 

35-2-614. Persons authorized to act for patient.

 

 

(a) A person authorized to consent to health care for another may exercise the rights of that person under this act to the extent necessary to effectuate the terms or purposes of the grant of authority. If the patient is a minor and is authorized under law to consent to health care without parental consent, only the minor may exclusively exercise the rights of a patient under this act as to information pertaining to health care to which the minor lawfully consented.

 

(b) A person authorized to act for a patient shall act in good faith to represent the best interests of the patient.

 

(c) A personal representative of a deceased patient may exercise all of the deceased patient's rights under this act. If there is no personal representative, or upon discharge of the personal representative, a deceased patient's rights under this act may be exercised by persons who are authorized by law to act for the deceased patient.

 

35-2-615. Security safeguards and records retention.

 

 

(a) A hospital shall establish reasonable safeguards for the security of all health care information it maintains.

 

(b) A hospital shall maintain a record of existing health care information for at least one (1) year following receipt of an authorization to disclose that health care information under W.S. 35-2-607 and during the pendency of a request for examination and copying under W.S. 35-2-611.

 

35-2-616. Enforcement.

 

 

(a) A person aggrieved by a violation of this act may maintain an action for relief as provided in this section.

 

(b) A court may order the hospital or other person to comply with this act and may order any other appropriate relief.

 

(c) A hospital that relies in good faith upon a certification pursuant to W.S. 35-2-610(c), is not liable for disclosures made in reliance on that certification.

 

(d) In an action by a patient alleging that health care information was improperly withheld under W.S. 35-2-612, the burden of proof is on the hospital to establish that the information was properly withheld.

 

(e) If a court determines that there is a violation of this act, the aggrieved party may recover damages for pecuniary losses sustained as a result of the violation and may assess reasonable attorneys fees and all other expenses reasonably incurred in the litigation.

 

(f) Any action under this act is barred unless the action is commenced within two (2) years after the cause of action accrues.

 

35-2-617. Limitation of effect.

 

This act does not affect other laws restricting, to a greater extent than does this act, the disclosure of specific types of health care information to any person other than the patient to whom it relates.

 

ARTICLE 7 - RURAL HEALTH CARE DISTRICTS

 

35-2-701. Procedure for proposing establishment of special rural health care districts.

 

(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) Repealed by Laws 1998, ch. 115, 5.

 

(e) A special rural health care district may be established under the procedures for petitioning, hearing and election of special districts as set forth in the Special District Elections Act of 1994.

 

35-2-702. Repealed by Laws 1998, ch. 115, 5.

 

 

35-2-703. Body corporate; name and style; powers generally; rules and regulations of trustees.

 

 

(a) Each district so established is a body corporate and shall be designated by the name of the .... rural health care district. The district name shall be entered upon the commissioners' records and shall be selected by the board of county commissioners of the county in which the greater area of land within the district is located. In the name so selected, the district through its governing board may:

 

(i) Hold property and be a party to contracts;

 

(ii) Sue and be sued;

 

(iii) Acquire real and personal property and equipment for rural health care purposes by gift, devise, bequest or purchase;

 

(iv) Enter into contracts for the acquisition by purchase or lease of real and personal property and equipment;

 

(v) Convey, lease and otherwise dispose of its property for rural health care purposes;

 

(vi) Establish sinking funds;

 

(vii) Issue bonds for the purchase of real property and improvements and equipment;

 

(viii) Make necessary rules and regulations for the proper operation of the district and shall file them with the county clerk for each county in which the district is located;

 

(ix) Engage in activities authorized under W.S. 18-8-301 subject to specified requirements and conditions.

 

35-2-704. Procedure for election of trustees generally; number, compensation and term of trustees.

 

The district shall be managed and controlled by a board of five (5) trustees who shall serve without compensation. Members of the initial board shall be elected at the formation election to serve until the first regular subsequent director election and until their successors are elected and qualified. At the first regular subsequent director election members shall be elected to staggered terms so that three (3) members are elected for two (2) year terms and two (2) for four (4) year terms. Thereafter, all members shall be elected for terms of four (4) years.

 

35-2-705. Bond of trustees.

 

Each trustee of any district, prior to entering upon the duties of office, shall execute and file with the county clerk of the county in which the district, or the greater portion of the area thereof, is located his bond, with one (1) or more sureties, to be approved by the county clerk, running to the state of Wyoming in the penal sum of five thousand dollars ($5,000.00), conditioned for the faithful performance by the trustee of his official duties and the faithful accounting by him for all funds and property of the district that shall come into his possession or control during his term of office. The premium, if any, on any such bond shall be paid out of the funds of the district. Suit may be brought on a bond by any person, firm or corporation that has sustained loss or damage because of a breach of that bond.

 

35-2-706. Repealed by Laws 1998, ch. 115, 5.

 

 

35-2-707. Repealed by Laws 1998, ch. 115, 5.

 

 

35-2-708. Administration of finances; assessment and levy of taxes.

 

(a) The board of trustees shall administer the finances of the district in accordance with W.S. 16-4-101 through 16-4-124.

 

(b) The assessor shall assess the property of each rural health care district.

 

(c) The board of county commissioners, at the time of making the levy for county purposes shall levy a tax for that year upon the taxable property in the district in its county for its proportionate share based on assessed valuation of the estimated amount of funds needed by each rural health care district, but, except as provided in this subsection, in no case shall the tax for the district exceed in any one (1) year the amount of two (2) mills on each dollar of assessed valuation of the property. Up to an additional two (2) mills may be imposed on each dollar of assessed valuation of the property if approved by the board of trustees and if approved by the electors as provided in subsection (d) of this section.

 

(d) If the board of trustees votes to increase the mill levy beyond two (2) mills as authorized by subsection (c) of this section, the board of county commissioners shall call an election within the district upon the question of whether the mill levy should be increased beyond two (2) mills. The election shall be called, conducted and canvassed as provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112, on the first date authorized under W.S. 22-21-103 which is not less than sixty (60) days after the trustees vote to increase the mill levy beyond two (2) mills. In no event shall the tax in a district exceed in any one (1) year the amount of four (4) mills on each dollar of assessed valuation of property. The increase in mill levy is effective only if the question is approved by a majority of those voting thereon within the rural health care district. The cost of any special election under this subsection shall be borne by the board of trustees.

 

(e) If the proposition to authorize an additional mill levy is approved, the same proposition or a proposition to impose a mill levy in a different amount, not to exceed two (2) mills, shall be submitted to the voters, until defeated, at the general election held every four (4) years thereafter. If the proposition to impose or continue the tax is defeated, the proposition shall not again be submitted to the electors for at least twenty-three (23) months.

 

35-2-709. Bond issue.

 

 

(a) The board of county commissioners at the request of the board of trustees of any rural health care district may submit to the electors of the district the question of whether the board of trustees shall be authorized to issue the bonds of the district in a certain amount, not to exceed two percent (2%) of the assessed value of the taxable property in the district, and bearing a certain rate of interest, not exceeding ten percent (10%) per annum, payable and redeemable at a certain time, not exceeding twenty-five (25) years, for the purchase of real property, for the construction or purchase of improvements and for equipment for rural health care purposes. The question shall be submitted at an election called, conducted, canvassed and returned in the manner provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.

 

(b) If the proposal to issue bonds is approved, the board of trustees may issue bonds in such form as the board directs, provided any bonds issued under this article shall be in registered or bearer form and shall otherwise comply with W.S. 16-5-501 through 16-5-504. The board of trustees shall give notice by publication in some newspaper published in the counties in which the district is located of its intention to issue and negotiate the bonds and to invite bidders therefor. In no case shall the bonds be sold for less than their full or par value and the accrued interest thereon at the time of their delivery. The trustees are authorized to reject any bids, and to sell the bonds at private sale, if they deem it for the best interests of the district.

 

(c) The full faith and credit of each rural health care district is solemnly pledged for the payment of the interest and the redemption of the principal of all bonds which are issued by the district.

 

(d) The county treasurer where the district's funds are kept may pay out of any monies belonging to the district tax fund, the interest and the principal upon any bonds issued by the district, when due, upon presentation at his office of the proper coupon or bond, which shall show the amount due. Each coupon shall also show the number of the bond to which it belonged, and all bonds and coupons so paid, shall be reported to the district trustees at their first regular meeting thereafter.

 

ARTICLE 8 - STATE HEALTH CARE DATA AUTHORITY

 

35-2-801. Terminated by Laws 1985, ch. 217, 2; 1988, ch. 47, 1.

 

35-2-802. Terminated by Laws 1985, ch. 217, 2; 1988, ch. 47, 1.

 

35-2-803. Terminated by Laws 1985, ch. 217, 2; 1988, ch. 47, 1.

 

35-2-804. Terminated by Laws 1985, ch. 217, 2; 1988, ch. 47, 1.

 

35-2-805. Terminated by Laws 1985, ch. 217, 2; 1988, ch. 47, 1.

 

35-2-806. Terminated by Laws 1985, ch. 217, 2; 1988, ch. 47, 1.

 

35-2-807. Terminated by Laws 1985, ch. 217, 2; 1988, ch. 47, 1.

 

ARTICLE 9 - LICENSING AND OPERATIONS

 

35-2-901. Definitions; applicability of provisions.

 

(a) As used in this act:

 

(i) "Acute care" means short term care provided in a hospital;

 

(ii) "Ambulatory surgical center" means a facility which provides surgical treatment to patients not requiring hospitalization and is not part of a hospital or offices of private physicians, dentists or podiatrists;

 

(iii) "Birthing center" means a facility which operates for the primary purpose of performing deliveries and is not part of a hospital;

 

(iv) "Boarding home" means a dwelling or rooming house operated by any person, firm or corporation engaged in the business of operating a home for the purpose of letting rooms for rent and providing meals and personal daily living care, but not habilitative or nursing care, for persons not related to the owner. Boarding home does not include a lodging facility or an apartment in which only room and board is provided;

 

(v) "Construction area" means thirty (30) highway miles, from any existing nursing care facility or hospital with swing beds to the site of the proposed nursing care facility, as determined by utilizing the state map prepared by the Wyoming department of transportation;

 

(vi) "Department" means the department of health;

 

(vii) "Division" means the designated division within the department of health;

 

(viii) "Freestanding diagnostic testing center" means a mobile or permanent facility which provides diagnostic testing but not treatment and is not part of the private offices of health care professionals operating within the scope of their licenses;

 

(ix) Repealed By Laws 1999, ch. 119, 2.

 

(x) "Health care facility" means any ambulatory surgical center, assisted living facility, adult day care facility, adult foster care home, alternative eldercare home, birthing center, boarding home, freestanding diagnostic testing center, home health agency, hospice, hospital, intermediate care facility for people with intellectual disability, medical assistance facility, nursing care facility, rehabilitation facility and renal dialysis center;

 

(xi) "Home health agency" means an agency primarily engaged in arranging and directly providing nursing or other health care services to persons at their residence;

 

(xii) "Hospice" means a program of care for the terminally ill and their families given in a home or health facility which provides medical, palliative, psychological, spiritual and supportive care and treatment;

 

(xiii) "Hospital" means an institution or a unit in an institution providing one (1) or more of the following to patients by or under the supervision of an organized medical staff:

 

(A) Diagnostic and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons;

 

(B) Rehabilitation services for the rehabilitation of injured, disabled or sick persons;

 

(C) Acute care;

 

(D) Psychiatric care;

 

(E) Swing beds.

 

(xiv) "Intermediate care facility for people with intellectual disability" means a facility which provides on a regular basis health related care and training to persons with intellectual disabilities or persons with related conditions, who do not require the degree of care and treatment of a hospital or nursing facility and services above the need of a boarding home. The term also means "intermediate care facility for the mentally retarded" or "ICFMR" or "ICFs/MR" as those terms are used in federal law and in other laws, rules and regulations;

 

(xv) "Medical assistance facility" means a facility which provides inpatient care to ill or injured persons prior to their transportation to a hospital or provides inpatient care to persons needing that care for a period of no longer than sixty (60) hours and is located more than thirty (30) miles from the nearest Wyoming hospital;

 

(xvi) "Nursing care facility" means a facility providing assisted living care, nursing care, rehabilitative and other related services;

 

(xvii) "Physician" means a doctor of medicine or osteopathy licensed to practice medicine or surgery under state law;

 

(xviii) "Psychiatric care" means the in-patient care and treatment of persons with a mental diagnosis;

 

(xix) "Rehabilitation facility" means an outpatient or residential facility which is operated for the primary purpose of assisting the rehabilitation of disabled persons including persons with acquired brain injury by providing comprehensive medical evaluations and services, psychological and social services, or vocational evaluations and training or any combination of these services and in which the major portion of the services is furnished within the facility;

 

(xx) "Renal dialysis center" means a freestanding facility for treatment of kidney diseases;

 

(xxi) "Swing bed" means a special designation for a hospital which has a program to provide specialized in-patient long term care. Any medical-surgical bed in a hospital can be designated as a swing bed;

 

(xxii) "Assisted living facility" means a dwelling operated by any person, firm or corporation engaged in providing limited nursing care, personal care and boarding home care, but not habilitative care, for persons not related to the owner of the facility. This definition may include facilities with secured units and facilities dedicated to the special care and services for people with Alzheimer's disease or other dementia conditions;

 

(xxiii) "Adult day care facility" means any facility not otherwise certified by the department of health, engaged in the business of providing activities of daily living support and supervision services programming based on a social model, to four (4) or more persons eighteen (18) years of age or older with physical or mental disabilities;

 

(xxiv) "Adult foster care home" means a home where care is provided for up to five (5) adults who are not related to the provider by blood, marriage or adoption, except in special circumstances, in need of long term care in a home like atmosphere. Clients in the home shall have private rooms which may be shared with spouses and shall have individual handicapped accessible bathrooms. "Adult foster home" does not include any residential facility otherwise licensed or funded by the state of Wyoming. The homes shall be regulated in accordance with this act and with the Wyoming Long Term Care Choices Act, which shall govern in case of conflict with this act;

 

(xxv) "Alternative eldercare home" means a facility as defined in W.S. 42-6-102(a)(iii). The homes shall be regulated in accordance with this act and with the Wyoming Long Term Care Choices Act which shall govern in case of conflict with this act;

 

(xxvi) "This act" means W.S. 35-2-901 through 35-2-912.

 

(b) This act does not apply to hospitals or any other facility or agency operated by the federal government which would otherwise be required to be licensed under this act or to any person providing health care services within the scope of his license in a private office.

 

35-2-902. License required.

 

No person shall establish any health care facility in this state without a valid license issued pursuant to this act.

 

35-2-903. Application for license; submission of evidence prerequisite to issuance.

 

 

(a) An applicant for a license under this act shall file a sworn application with the division on a form provided by the division. The form shall request the following information:

 

(i) The applicant's name;

 

(ii) The type of health care facility to be operated;

 

(iii) A description of and the location of the facility buildings;

 

(iv) The name of the person in charge of the health care facility;

 

(v) Whether the applicant has had a license to operate a health care facility or agency providing health care services in this or any other state denied, suspended, revoked or otherwise terminated for cause and the specific reasons for such action. Evidence that the facility subject to the application is currently in compliance with all applicable statutes, rules and regulations is required;

 

(vi) Evidence that the applicant is capable of complying with applicable rules and regulations;

 

(vii) Such other information as the division may require pursuant to rules promulgated under this act.

 

(b) An application by other than an individual shall be made by two (2) officers of the organization or by its managing agents.

 

35-2-904. Issuance of license; fee; duration; renewal; transferability; provisional licenses; procedures.

 

 

(a) The division shall issue a license under this act:

 

(i) If the applicant is in compliance with this act and in substantial compliance with the rules and regulations promulgated pursuant to this act; and

 

(ii) Upon payment of a license fee as established by the department for each health care facility. The department shall adopt rules which provide for reasonable fees not to exceed five hundred dollars ($500.00) designed to recover administrative and operational expenses of the department in conducting its licensure program under this article.

 

(b) Licenses are issued for a period of one (1) year beginning on July 1 of the year of issuance and ending on June 30 of the succeeding year. The full fee is due whether the license is issued for the entire year or for part of the year.

 

(c) Licenses are renewed annually upon payment of the license fee unless suspended or revoked pursuant to W.S. 35-2-905.

 

(d) Fees collected under this act shall be deposited in the general fund.

 

(e) Licenses are not assignable or transferable.

 

(f) Applicants not complying with this act and not substantially complying with the rules and regulations promulgated pursuant to this act may be granted a provisional license subject to restrictions imposed by the division if the operation of the facility will not endanger the health, safety and welfare of patients. All applicants found in noncompliance shall be notified of the reason for noncompliance.

 

35-2-905. Conditions, monitoring or revoking a license.

 

 

(a) The division may place conditions upon a license, install a division approved monitor or manager at the owner's or operator's expense, suspend admissions, or deny, suspend or revoke a license issued under this act if a licensee:

 

(i) Violates any provision of this act or the rules and regulations promulgated pursuant to this act;

 

(ii) Permits, aids or abets the commission of any illegal act by a licensee;

 

(iii) Conducts practices detrimental to the health, safety or welfare of the patients of the licensee;

 

(iv) Repealed By Laws 2008, Ch. 116, 2.

 

(b) No license issued pursuant to this act shall be suspended or revoked or have conditions placed upon it or admissions suspended nor shall the division install an approved monitor or manager without notice to the licensee and an opportunity for a hearing under W.S. 16-3-101 through 16-3-115.

 

(c) If the division suspends the admission of new patients to a health care facility, the health care facility shall be provided an opportunity to abate the condition or conditions prior to suspension of admissions. If the conditions leading to the suspension of new admissions continue unabated beyond the period allowed for abatement, the division may continue the suspension of new admissions, or suspend or revoke the license.

 

(d) Any hearing held by the division under this section shall be held in the city or town in which the facility is located, or in the closest city or town with appropriate facilities for a hearing.

 

(e) If the division finds that conditions in a health care facility are in violation of this act and rules and regulations adopted under this act to the extent that there exists a substantial and immediate threat to the health or safety of patients, it may summarily suspend the license of that facility and take action necessary to protect the health and safety of patients. In cases of suspension under this subsection, the licensee shall be afforded an opportunity for a hearing within ten (10) days after the suspension.

 

(f) If a license is revoked pursuant to this act, an application for a new license may be made to the division only after the conditions upon which revocation was based have been corrected and evidence of this fact has been furnished to the division. A new license shall be granted only if the applicant is in compliance with all provisions of this act and rules and regulations promulgated pursuant to this act.

 

35-2-906. Construction and expansion of facilities; exemption.

 

(a) A licensee who contemplates construction of or alteration or addition to a health care facility shall submit plans and specifications to the division for preliminary inspection and approval prior to commencing construction. Significant changes to the original plans must also be submitted and approved prior to implementation. The plans and any changes shall indicate any increase in the number of beds.

 

(b) Nursing care facility beds shall not be expanded or constructed if the average of all the nursing care bed occupancy, excluding veteran administration beds, in the construction area is eighty-five percent (85%) or less based upon the annual occupancy report prepared by the division.

 

(c) Notwithstanding the other provisions of this section any nursing care facility or hospital may, in any two (2) year period, increase its bed capacity by ten percent (10%) of the current nursing care facility bed capacity or by not more than ten (10) beds.

 

(d) Repealed By Laws 2002, Ch. 87, 2.

 

(e) Repealed By Laws 2002, Ch. 87, 2.

 

(f) Beds in adult foster care homes and beds in alternative eldercare homes constructed pursuant to the pilot programs authorized in W.S. 42-6-104 and 42-6-105 shall not be considered as nursing care facility beds for the purposes of this section.

 

35-2-907. Inspection of licensed establishments; exceptions; assisted living facility inspection procedure.

 

 

(a) Except as otherwise provided in this section every licensed health care facility shall be periodically inspected by the division under rules and regulations promulgated by the department. A licensed health care facility which has been accredited by a nationally recognized accrediting body approved by federal regulations shall be granted a license renewal without further inspection. Inspection reports shall be prepared on forms prescribed by the division. Licensees accredited by the nationally recognized accrediting body shall submit the inspection report pursuant to its accreditation. If the standards of the nationally recognized accrediting body fail to meet or exceed the state standards for licensure, the division may inspect the licensed facility with regard to those matters which did not meet state standards.

 

(b) Except as required in administrative and judicial proceedings, information obtained from licensees under this act is subject to public disclosure only after deletion of information which reveals the identity of patients, persons who file complaints with the division and employees of the health care facility.

 

(c) The division shall:

 

(i) Provide for the selection of an inspector to inspect and evaluate an applicant for an assisted living facility;

 

(ii) Approve and establish a fee to be paid by the applicant to the selected inspector. The division shall notify the applicant of the inspection fee prior to the inspection and evaluation;

 

(iii) Act on the application within thirty (30) days after receiving a report from the selected inspector on the inspection and evaluation of the applicant.

 

35-2-908. Rules and regulations.

 

The department shall promulgate and enforce reasonable rules and regulations necessary to protect the health, safety and welfare of patients of health care facilities licensed under this act.

 

35-2-909. Penalties for violations.

 

Except for violations otherwise punishable as a felony under the laws of this state, any person establishing or operating a facility or providing a service without first obtaining a license as required in this act is guilty of a misdemeanor punishable by a fine of not to exceed seven hundred fifty dollars ($750.00), by imprisonment for not more than six (6) months, or both. Each calendar week or portion thereof during which a violation continues is a separate offense.

 

35-2-910. Quality management functions for health care facilities; confidentiality; immunity; whistle blowing; peer review.

 

 

(a) Each licensee shall implement a quality management function to evaluate and improve patient and resident care and services in accordance with rules and regulations promulgated by the division. Quality management information relating to the evaluation or improvement of the quality of health care services is confidential. Any person who in good faith and within the scope of the functions of a quality management program participates in the reporting, collection, evaluation, or use of quality management information or performs other functions as part of a quality management program with regard to a specific circumstance shall be immune from suit in any civil action based on such functions brought by a health care provider or person to whom the quality information pertains. In no event shall this immunity apply to any negligent or intentional act or omission in the provision of care.

 

(b) Health care facilities subject to or licensed pursuant to this act shall not harass, threaten discipline or in any manner discriminate against any resident, patient or employee of any health care facility for reporting to the division a violation of any state or federal law or rule and regulation. Any employee found to have knowingly made a false report to the division shall be subject to disciplinary action by the employing health care facility, including but not limited to, dismissal.

 

(c) No hospital shall be issued a license or have its license renewed unless it provides for the review of professional practices in the hospital for the purpose of reducing morbidity and mortality and for the improvement of the care of patients in the hospital. This review shall include, but not be limited to:

 

(i) The quality and necessity of the care provided to patients as rendered in the hospital;

 

(ii) The prevention of complications and deaths occurring in the hospital;

 

(iii) The review of medical treatments and diagnostic and surgical procedures in order to ensure safe and adequate treatment of patients in the hospital; and

 

(iv) The evaluation of medical and health care services and the qualifications and professional competence of persons performing or seeking to perform those services.

 

(d) The review required in subsection (c) of this section shall be performed according to the decision of a hospital's governing board by:

 

(i) A peer review committee appointed by the organized medical staff of the hospital;

 

(ii) A state, local or specialty medical society; or

 

(iii) Any other organization of physicians established pursuant to state or federal law and engaged by the hospital for the purposes of subsection (c) of this section.

 

35-2-911. Nonbinding functional assessments.

 

The department may, with the consent of the person seeking admission into a nursing care facility or his representative, conduct a nonbinding functional assessment for that person at the state's expense.

 

35-2-912. Mandatory reporting of safety events.

 

(a) For purposes of this section, "safety event" means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including those events identified by rule and regulation of the department using a standard taxonomy generally accepted in the health care industry as indicated by endorsement of the national quality forum or similar health care quality control organization.

 

(i) Repealed by Laws 2008, Ch. 5, 2.

 

(ii) Repealed By Laws 2008, Ch. 5, 2.

 

(iii) Repealed By Laws 2008, Ch. 5, 2.

 

(iv) Repealed By Laws 2008, Ch. 5, 2.

 

(v) Repealed By Laws 2008, Ch. 5, 2.

 

(vi) Repealed By Laws 2008, Ch. 5, 2.

 

(b) Each licensed health care facility located within this state shall designate a patient safety officer and shall provide the department with the officer's name and contact information. The department shall compile information received from a licensed health care facility under this section within any of its divisions at its discretion, except it shall not compile the information within, nor provide the information to, the office of health care licensing and survey or its successor within the department. Through the patient safety officer, each facility shall report to the department the occurrence of any safety event occurring after June 30, 2005 and described in subsection (a) of this section in the following manner:

 

(i) A person who is employed by a health care facility shall, within twenty-four (24) hours after becoming aware of a safety event at the health care facility, notify the patient safety officer of the facility of the safety event. The patient safety officer shall, within fifteen (15) days after receiving notification, report the safety event;

 

(ii) If the patient safety officer of a health care facility personally discovers or becomes aware, in the absence of notification by another employee, of a safety event at the health care facility, the patient safety officer shall, within fifteen (15) days after discovering or becoming aware of the safety event, report the safety event.

 

(c) Safety event reports shall be filed in a format specified by the department and shall identify the facility but shall not include any identifying information for any of the health care professionals, facility employees or patients involved. The department may consult with experts and organizations familiar with patient safety when developing the format for reporting and in further defining events in order to be consistent with industry standards. The department may design the reporting system so that a facility may file by electronic means the reports required under this section. The department shall encourage a facility to use the electronic filing option when that option is feasible for the facility.

 

(d) In fulfilling the reporting requirements specified under this section, the department shall use, when practical, information already being generated by the health care facility as a result of the reporting requirements of other health care programs.

 

(e) Any notice, report, document and any other information compiled or disseminated pursuant to the provisions of this section is confidential, is not discoverable or admissible in evidence in any administrative or legal proceeding conducted in this state and is not a public record. No contractor, employee or other member of the department who receives any notice, report, document or any other information compiled or disseminated pursuant to the provisions of this section shall be permitted or required to testify in any civil action as to any evidence or any other matters presented to the department or as to any findings, recommendations, evaluations, opinions or other actions of the department or any contractors, employees or other members thereof. However, information, documents or other records otherwise available from original sources are not to be construed as immune from discovery or use in any civil action merely because they were submitted to the department, nor shall any person who provides information to the department under this section be prevented from testifying as to matters within his knowledge, but that person shall not be asked about his testimony or communications with the department.

 

(f) The department shall collect and maintain reports received pursuant to this section and shall have the authority to adopt rules and regulations to implement reporting procedures and standards required by this section. On or before December 31 of each year beginning in 2006, the department shall prepare and publish a report and analysis of all reported safety events for the previous year, including a trend analysis and recommendations for systemic improvements that are likely to enhance patient safety and health care. The department may convene a panel of health care experts to review the data and compile the report. The report shall be made available to the public and copies forwarded to the governor, the health care commission and the joint labor, health and social services interim committee. In its annual report and any other public document, the department shall ensure that all referenced information is aggregated so as not to reveal the identity of any specific person or health care facility.

 

(g) Any act authorized or required by this section shall be subject to the confidentiality, immunity and whistle blowing provisions of W.S. 35-2-910(a) and (b).

 

(h) Nothing in this section shall be construed to limit or reduce any other reporting requirements for health care facilities under any state or federal law, or limit or reduce the department's authority over health care facilities under any state or federal law.

 

(j) The state of Wyoming elects to be covered as of April 1, 2005, by the immunity granted by the Health Care Quality Improvement Act of 1986, P.L. 99-660, Title IV adopted by Congress in 1986, to the extent authorized, for the department with respect to its duties and responsibilities under this section.

 

(k) This section is repealed effective June 30, 2010.