Securities issued pursuant to this article shall be eligible for investment by banking institutions and for estate, trust and fiduciary funds. The securities and the interest shall be exempt from taxation by this state and any subdivision. The state treasurer of the state of Wyoming with the approval of the governor and the attorney general is authorized to invest any permanent state funds available for investment in the securities to be issued pursuant to W.S. 35-2-711 through 35-2-722.
(a) Any securities of the trustees of a rural health care district issued pursuant to W.S. 35-2-711 through 35-2-722 and payable from any pledged revenues may be refunded by the trustees by the adoption of a resolution by the trustees authorizing the issuance of securities at a public or private sale:
(i) To refund, pay and discharge all or any part of the 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;
(ii) For the purpose of reducing interest costs or effecting other economies;
(iii) For the purpose of modifying or eliminating restrictive contractual limitations pertaining to the issuance of additional bonds, otherwise concerning the outstanding securities or to any facilities pertaining thereto;
(iv) For the purpose of avoiding or terminating any default; or
(v) For any combination provided in this subsection.
(b) Nothing contained in W.S. 35-2-711 through 35-2-722 nor in any other law of this state shall be construed to permit the board of trustees to call securities now or hereafter outstanding for prior redemption in order to refund the securities or in order to pay them prior to their stated maturities, unless the right to call the securities for prior redemption was specifically reserved and stated in the 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 W.S. 35-2-711 through 35-2-722.
35-2-719. Powers and responsibility of board of trustees.
The board of trustees has plenary powers and responsibility for the acquisition, construction and completion of all projects authorized by the resolution to issue revenue securities or refunding securities.
The trustees may accept grants of money or materials or property of any kind from the federal government, the state, including any agency or political subdivision, or any person upon terms and conditions as the federal government, the state, including any agency or political subdivision, or person may impose.
The trustees shall establish and collect charges for services and rentals for use of facilities furnished, acquired, constructed or purchased from the proceeds of the securities sufficient to pay the principal or the interest, or both, on the securities as they become due and payable, together with the 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 the facilities. The trustees shall establish all other charges, fees and rates to be derived from the operation of the hospital, nursing home or any other facility of the rural health care district.
The provisions of this article pertaining to bonding, being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.
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. "Ambulatory surgical center" shall include any surgical abortion facility as defined by W.S. 35-6-201(a)(x);
(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) Repealed by Laws 2025, ch. 102, § 2.
(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, freestanding emergency center, 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. Hospice care may include short-term respite care for non-hospice patients, if the primary activity of the hospice is the provision of hospice services to terminally ill individuals and provided that the respite care is paid by the patient or by a private third party payor and not through any governmental third party payment program;
(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. "Adult foster care 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) "Freestanding emergency center" means a facility that provides services twenty-four (24) hours a day, seven (7) days a week for life threatening emergency medical conditions and is at a location separate from a hospital;
(xxvii) "This act" means W.S. 35-2-901 through 35-2-914.
(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.
35-2-903. 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.
(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 for each health care facility as specified in subsection (g) of this section. The department may adopt rules which provide for reasonable fees for health care facilities not specified in subsection (g) of this section in amounts 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 for those facilities.
(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.
(g) Health care facilities shall be assessed the following fees:
(i) Adult day care facility . . . . . . $250.00;
(ii) Adult foster care home . . . . . . $250.00;
(iii) Ambulatory surgical center . . . $500.00;
(iv) Assisted living facility:
(A) For a facility with a bed capacity of at least one (1) but not more than twenty-five (25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$250.00;
(B) For a facility with a bed capacity of more than twenty-five (25) but not more than fifty (50) . . . . . . . . . . . . . . . . . . . . . . . . . . . $500.00;
(C) For a facility with a bed capacity of more than fifty (50) . . . . . . . . . . . . . . $1,000.00.
(v) Birthing center . . . . . . . . . . $500.00;
(vi) Boarding home in an amount established by the department within this range . . . . . $500.00-$750.00;
(vii) Critical access hospital . . . . $500.00;
(viii) Renal dialysis center . . . . . $500.00;
(ix) Freestanding diagnostic testing center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500.00;
(x) Freestanding emergency center . . . $500.00;
(xi) Home health agency . . . . . . . . $150.00;
(xii) Hospice facility . . . . . . . . $250.00;
(xiii) Hospital . . . . . . . . . . . $1,000.00;
(xiv) Intermediate care facility for people with intellectual disability . . . . . . . . . . . . . $250.00;
(xv) Medical assistance facility . . . $250.00;
(xvi) Nursing care facility:
(A) For a facility with a bed capacity of at least one (1) but not more than twenty-five (25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250.00;
(B) For a facility with a bed capacity of more than twenty-five (25) but not more than fifty (50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500.00;
(C) For a facility with a bed capacity of more than fifty (50) . . . . . . . . . . . . . . . . $1,000.00.
(xvii) Psychiatric hospital . . . . . $1,000.00;
(xviii) Rehabilitation facility . . . . $500.00;
(xix) Rehabilitation hospital . . . . . $500.00.
(h) In addition to the fees imposed under subsection (g) of this section, if a licensed health care facility changes its name, location or number of beds, the facility shall pay a fee in the amount of two hundred fifty dollars ($250.00) for a revised license.
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.
(v) Fails to pay a nursing care facility assessment and the department determines to suspend or revoke the license as provided in W.S. 42-8-107(b)(ii);
(vi) Violates any provision of W.S. 35-2-1501 through 35-2-1507. This paragraph is repealed effective July 1, 2029.
(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. Information submitted pursuant to this subsection shall be used by the division only for purposes of health care and life safety compliance determinations.
(b) Repealed by Laws 2025, ch. 102, § 2.
(c) Repealed by Laws 2025, ch. 102, § 2.
(d) Repealed By Laws 2002, Ch. 87, § 2.
(e) Repealed By Laws 2002, Ch. 87, § 2.
(f) Repealed by Laws 2025, ch. 102, § 2.
(g) Repealed by Laws 2025, ch. 102, § 2.
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.
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.
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.
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.
(a) No freestanding emergency center shall require separate licensure under this act when operated by the provider based emergency department of a Wyoming licensed hospital.
(b) On and before June 30, 2025, freestanding emergency centers operated by a hospital district or rural health care district shall not require licensure under this act provided a hospital transfer agreement is in place.
(c) Any freestanding emergency center shall accept patients regardless of age, Medicare, Medicaid or other insurance status or ability to pay. A freestanding emergency center not owned by a Wyoming hospital shall have an appropriate hospital transfer agreement in place.
(d) A license to operate a freestanding emergency center shall not be construed as a license to operate a hospital and shall not allow any freestanding emergency center to hold a patient within its facility for more than twenty-four (24) hours unless an emergency arises that prevents the safe transport of the patient.
(a) A health care facility, as defined by W.S. 35-2-901(a)(x), that provides twenty-four (24) hour per day care shall allow visitation for a person receiving care in that facility. The visitation required under this section shall not apply to persons involuntarily detained under W.S. 25-10-109 or 25-10-110 or adults who have been charged with or convicted of a crime and are in the custody of the state or a local jurisdiction.
(b) A health care facility subject to subsection (a) of this section may impose and enforce restrictions on visitation that limit the number or age of visitors, limit the location or time of visitation, require protective equipment or impose requirements otherwise required under W.S. 35-1-240 or by the centers for Medicaid and Medicare services, the centers for disease control or the joint commission on the accreditation of healthcare organizations. Visitation may be further restricted or limited under this section when the health care facility determines a restriction or limitation is necessary due to a court order, violent or disruptive behavior or reasonable suspicion of abuse or neglect against a person receiving care in the facility. A health care facility shall provide a written copy of its visitation policy upon request and shall visibly post in the facility one (1) copy of the most current visitation restrictions imposed in accordance with this subsection. The health care facility shall allow the person receiving care or that person's representative to designate persons as visitors or to prohibit some or all visitation under this section.
35-2-1001. Designation of heart attack and stroke centers.
(a) The department of health shall establish by rule and regulation the process for recognition and designation of hospitals as any one (1) or more of the following:
(i) Heart attack receiving centers;
(ii) Heart attack referring centers;
(iii) Comprehensive stroke centers;
(iv) Primary stroke centers;
(v) Acute stroke ready centers.
(b) The designation of hospitals pursuant to subsection
(a) of this section shall recognize those hospitals that are accredited by the society for cardiovascular patient care, the American heart association, the joint commission on the accreditation of healthcare organizations or another nationally recognized accreditation organization as determined by the department in its rules and regulations.
(c) The department shall withdraw the designation of a hospital pursuant to subsection (a) of this section if the department determines that the hospital is not in compliance with the requirements of this section or rules and regulations adopted pursuant to this section.
(d) The department shall adopt rules and regulations to enforce this article, which shall include all of the following:
(i) Specific criteria for qualification pursuant to subsection (a) of this section, including identification of accrediting organizations;
(ii) Designation application procedures;
(iii) Procedures for withdrawal of a designation;
(iv) Support for the coordination among designated hospitals for the referral and transfer of patients to facilitate appropriate care for acute heart attack and stroke patients.
(v) Evidence based prehospital care protocols for emergency medical services providers to assess, treat and transport stroke and acute heart attack patients. The office of emergency medical services shall work in coordination with licensed emergency medical providers in developing the protocols which shall include:
(A) Plans for the triage and transport of stroke patients to the closest comprehensive or primary stroke center or, when appropriate, to an acute stroke ready center;
(B) Plans for the triage and transport of acute heart attack patients to the closest receiving or referring center within a specified time after a patients report of symptoms.
(a) As used in this act:
(i) "Department" means the department of health;
(ii) "Health care facility" means any facility licensed or certified by the department that is a hospital or that normally provides twenty-four (24) hour per day care for individuals, including the facility's owner, operator or licensee;
(iii) "This act" means W.S. 35-2-1101 through 35-2-1109.
35-2-1103. Petition for receivership; hearing; parties; emergency order.
(a) The department may file a petition in the district court to appoint a receiver for a health care facility, if the facility:
(i) Is operating without a license or the facility's license has been suspended, revoked or not timely renewed; or
(ii) Presents a situation, physical condition, practice or method of operation that causes an imminent danger of death or significant mental or physical harm to its residents or patients.
(b) Service of process shall be made in any manner as provided by the Rules of Civil Procedure. If personal service cannot practicably or promptly be made as provided in the Rules of Civil Procedure, service may be made by delivery of the summons with the petition attached to any person in charge of the health care facility at the time service is made.
(c) The court shall hold a hearing on the merits of the petition not later than ten (10) days after the date the petition is filed.
(d) Following a hearing, the district court shall appoint the director of the department as the receiver if it finds by a preponderance of the evidence that any of the conditions in subsection (a) of this section exist.
(e) The court may appoint a receiver upon an ex parte motion when affidavits, testimony or any other evidence presented indicates there is a reasonable likelihood that any of the conditions in paragraph (a)(ii) of this section exist. Notice of the petition and ex parte order appointing the receiver shall be served in any manner as provided by the Rules of Civil Procedure and shall be posted in a conspicuous place inside the facility not later than twenty-four (24) hours after issuance of the order. A hearing on the original petition shall be held not later than five (5) days after the issuance of the ex parte order unless the health care facility consents to a later date or waives the hearing.
(f) Following any regular or ex parte hearing, the director of the department may designate a qualified person, experienced in health facility management, to act as the receiver. The designated person shall be free of conflict of interest with the health care facility that is in receivership.
(g) After the appointment of a receiver, the court shall conduct a hearing on the status of the receivership every six (6) months.
When a receiver is appointed under this act, the health care facility shall be divested of possession and control in favor of the receiver. The appointment of the receiver shall not affect the rights of the health care facility to defend against any claim, suit or action against the facility, including, but not limited to, any licensure, certification or injunctive action taken by the department.
(a) A receiver appointed under this act shall:
(i) Have the same powers as a receiver under W.S. 1-33-104 and shall exercise those powers necessary to remedy the conditions that constituted grounds for the imposition of the receivership, assure adequate health care for the residents or patients and preserve the assets and property of the health care facility;
(ii) Notify each resident or patient and each resident or patient's guardian or conservator, if any, or other responsible party, if known, of the receivership;
(iii) Collect incoming payments from all sources;
(iv) Apply the current revenue and current assets of the health care facility to current operating expenses of the facility;
(v) Pay taxes against the health care facility which become due during the receivership;
(vi) Be entitled to take possession of all property, assets and records of residents or patients which are in the possession of the health care facility. The receiver shall preserve all property, assets and records of residents or patients of which the receiver takes possession.
(b) In addition to the powers and duties provided in subsection (a) of this section, a receiver may exercise the following powers:
(i) Assume the role of administrator and take control of day-to-day operations of the health care facility or name a qualified administrator to conduct the day-to-day operations of the health care facility subject to the supervision and direction of the receiver;
(ii) Correct or eliminate any deficiency in the structure or furnishings of the health care facility that endangers the safety or health of the residents or patients while they remain in the facility, provided the total cost of correction does not exceed three thousand dollars ($3,000.00). The court may order expenditures for this purpose in excess of three thousand dollars ($3,000.00) on application from the receiver;
(iii) Remedy violations of federal and state laws and regulations governing the operation of the health care facility;
(iv) Contract for or hire agents and employees to maintain and operate the facility; and
(v) Hire or discharge any employees including the health care facility's administrator.
(c) The receiver in its discretion may, but shall not be required to, defend any claim, suit or action against the receiver or the health care facility arising out of conditions, actions or circumstances occurring or continuing at the health care facility after the appointment of the receiver.
(d) The district court may limit or expand the powers or duties of a receiver.
(a) The court, upon a motion by the receiver, the health care facility or the owner of the physical facility, may terminate the receivership if:
(i) The receivership is no longer necessary because the conditions which gave rise to the receivership no longer exist;
(ii) All of the residents in the facility have been transferred or discharged and the facility is ready to be closed; or
(iii) The owner of the physical facility or the health care facility enters into a lease or sale agreement with a prospective operator of the facility who is licensed or can be licensed by the department and who in the judgment of the department will likely remedy the cause of the receivership.
(b) In its termination order, the court may include terms it deems necessary to prevent the future occurrence of the conditions upon which the receivership was ordered.
(a) During a receivership under this act, the following expenses and claims have priority in the following order:
(i) The costs and expenses of the administration of the health care facility during the term of the receivership;
(ii) Claims for:
(A) Wages actually owing to employees, other than officers of the facility, for services rendered within three (3) months prior to the date of commencement of the receivership proceeding against the facility, but not exceeding one thousand dollars ($1,000.00) to each employee;
(B) Secured claims, including claims for taxes and debts due the federal or any state or local government, which are secured prior to the appointment of the receiver.
(iii) Claims by or on behalf of individual patients or clients for the cost of health care services which were to be provided by the facility, but were not received by the patient or client for whom the care was paid;
(iv) Unless otherwise provided by law, all other claims of general creditors not falling within any other priority under this section, including claims for taxes and debts due to the federal government or any state or local government which are not secured claims;
(v) Proprietary claims of shareholders, members or officers of the health care facility.
(b) Upon motion by a claimant or by one (1) of the parties to a receivership action under this act, the district court may amend the priorities listed in subsection (a) of this section and order payment of claims as may be necessary in the interest of justice.
(a) The liability of the department shall be limited as set forth in the Wyoming Governmental Claims Act for the operation of medical facilities and the provision of health care.
(b) If a person is designated to act as a receiver pursuant to W.S. 35-2-1103(f) and is not covered by the Wyoming Governmental Claims Act, the designated receiver shall only be held liable in a personal capacity for the designated receiver's own gross negligence, intentional acts or breach of fiduciary duty.
The receivership provisions of W.S 1-33-101 through 1-33-110 shall apply to actions under this act to the extent that they do not conflict with this act.
35-2-1201. Senior health care districts; establishment; definitions.
(a) A senior 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.
(b) As used in this article "senior health care" means "health care" as defined in W.S. 35-22-402(a)(viii) that is delivered to a person who is at least sixty (60) years of age, a disabled adult who is at least eighteen (18) years of age, or a person with medical or behavioral health care needs as determined by appropriate medical assessments and is provided:
(i) By a person or facility licensed, certified or otherwise authorized by the laws of this state in the ordinary course of business or practice of a profession to provide health care services;
(ii) Through home care services, assisted living programs, skilled nursing facilities, nursing homes, hospice services, residential care homes or other related facilities; or
(iii) As specified under W.S. 18-15-111(a)(i) through (iii).
35-2-1202. Body corporate; name and style; powers generally; rules and regulations of trustees.
(a) Each district is a body corporate and shall be designated by the name of the .... senior health care district. The district name shall be entered upon the commissioners' records and shall be selected by the 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 trustees may:
(i) Direct the affairs of the district in the same manner as a rural health care district under W.S. 35-2-703(a)(i) through (xi) for the purpose of providing senior health care;
(ii) Provide directly or by contract for the provision of programs or services under this article. Contracts under this section shall:
(A) Require the provider, if an organization or agency, to be incorporated under the laws of this state as a nonprofit corporation prior to the receipt of any funds;
(B) Specify the manner in which the funds are expended and the programs or services provided; and
(C) Require the provider of the programs or services to present an annual budget for review to determine compliance with this article and for approval by the district.