Wyoming · 25 · statute
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sha256 96e035d416404dcc3f7f50702832034b0522d7c0e6db7678b1df691b78854dbe
No one has proposed a change to this act yet.
The compact administrator is directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of an appropriate state district court.
Propose a changeRepealed by Laws 1990, ch. 24, § 2.
Propose a changeRepealed by Laws 1990, ch. 24, § 2.
Propose a changeRepealed by Laws 1990, ch. 24, § 2.
Propose a changeRepealed by Laws 1990, ch. 24, § 2.
Propose a change(a) As used in this chapter: (i) "Actual cost" means the cost of providing treatment or services for a resident in a state institution including minimum costs, as set by the department having the direct authority and control of the institution, of maintaining the resident; (ii) Repealed by Laws 1991, ch. 221, § 3. (iii) "Established charge" means that part of the actual cost for which the resident, the resident's estate and legally responsible persons are liable. The established charge may equal but not exceed the actual cost; (iv) "Legally responsible person" means the resident, a responsible relative or the conservator of the resident's property as defined by W.S. 3-1-101(a)(iii); (v) "Resident" means a patient or resident voluntarily admitted or involuntarily committed to a state institution; (vi) "Responsible relative" means a resident's spouse or a resident's parents if the resident is an unemancipated minor; (vii) "State institution" means any institution in title 25 under the direct authority and control of the department of health.
Propose a change(a) The department of health shall promulgate on or before October 1 of each year a schedule of actual costs for services and treatment rendered residents at each state institution under the direct authority and control of the department. (b) In determining actual costs the department may subtract from operation costs capital outlay and real property repair and maintenance to determine the immediate benefit to the resident. (c) An account for each resident shall record the actual costs and established charge for each month or fraction thereof. The established charge shall be paid in the manner provided in this article and credited to the account of the resident.
Propose a changecharges; special funds considered as part of resident's assets. (a) Established charges shall be determined using a sliding scale promulgated by the department of health or the department of family services for each state institution under its direct authority and control. The sliding scale shall be based upon the ability of the resident or other legally responsible person to pay and shall be designed to provide that the resident or legally responsible person shall not be deprived of income necessary to maintain a reasonable standard of living for that person and his dependents. (b) Upon completion of a resident questionnaire form provided by the department, the director of the department shall determine the established charge to be assessed in each case using the sliding scale promulgated by the department. Any payor may protest his established charge through the head of the institution to the department exercising direct authority and control over the institution if still dissatisfied. The department may affirm the established charge or set a different established charge. The decision of the department may be appealed pursuant to the Wyoming Administrative Procedure Act. (c) Any available income and special funds, including but not limited to hospitalization insurance, social security benefits, disability compensation, pensions, retirement benefits and veterans' benefits shall be considered part of the total assets of a resident in determining an established charge. (d) Nothing in this chapter limits any obligation created by law or contract for third parties to pay for services provided to a resident admitted to a state institution.
Propose a changePayments for services provided to a resident admitted to a state institution either voluntarily or involuntarily shall be reimbursed to the state general fund.
Propose a changerelatives; liability of relatives, patient and estate after release or death; exception. (a) The liability of a parent or spouse of a resident for payment of established charges shall not exceed two (2) years of cumulative care at the state institution. Voluntary payments for care in excess of the two (2) year limitation may be accepted. This section does not limit the obligation, created by contract or law, of third party payments for resident or temporary services. (b) Subject to the limitation in subsection (a) of this section, the resident, his estate and other legally responsible persons are liable after release of the resident for the payment of any unpaid established charge. If a resident or a released resident dies, his estate is liable for all unpaid established charges unless the department exercising direct authority and control over the institution determines that no claim or a lesser claim should be filed against the estate due to the need for support from the proceeds of the estate of the legal dependents of the resident who are the beneficiaries of his estate.
Propose a change(a) The department of health shall establish procedures requiring state institutions under its direct authority and control to provide monthly billings to each resident of the state institution and to each legally responsible person. Billings under this subsection for the state hospital shall provide for an itemization, including at a minimum, the daily established charge. (b) The department shall obtain an assignment of benefits from any resident under its care and supervision who has insurance that may cover services provided. (c) An account for established charges which is not paid within ninety (90) days after the end of the month in which the charges accrue is in arrears and shall be referred to the respective department for collection. The department may contract with a private person or agency for collection of accounts under this subsection. (d) The department may adjust, compromise or waive collection of charges from the legally responsible person if the department determines that the person is without financial means or that collection would constitute a hardship. If the department decides to waive collection of charges, no future billing will be sent to a resident or legally responsible person.
Propose a changeIf a resident or legally responsible person has no available assets at the time of or during the resident's stay at a state institution to pay an established charge, all costs of treatment and transportation shall be borne by the state.
Propose a changeThe department of health shall promulgate reasonable rules and regulations and shall approve and provide forms necessary to carry out the purposes of this chapter.
Propose a change(a) The Wyoming school for the deaf is established at Casper, Wyoming, to provide to every child of school age in the state of Wyoming who is hearing impaired and for whom no lesser restrictive placement can be provided by the local school district a free and appropriate education in accordance with the child's capabilities. (b) The Wyoming school for the deaf shall be operated and maintained under the general supervision of the superintendent of public instruction pursuant to W.S. 21-2-202. The superintendent shall promulgate rules and regulations for the administration of the program and shall facilitate continued cooperation with Natrona county school district number 1. The school shall be staffed as follows: (i) Except for substitute teachers who shall hold a substitute teaching permit, teachers at the school shall hold a Wyoming standard teaching certificate, including an endorsement for deaf education; (ii) The administrator at the school shall hold a Wyoming standard teaching certificate, including endorsements for deaf education and school principal; (iii) Interpreters at the school shall be qualified under rules promulgated by the department of education; (iv) Ancillary staff shall be qualified for the positions they hold. (c) The program may serve as a repository for equipment and materials to assist local agencies serving individuals with hearing impairments.
Propose a change(a) As used in this act: (i) "Advisory board" or "board" means the correctional industries advisory board created by W.S. 25-13-102; (ii) "Department" means the department of corrections; (iii) "Inmate" means a person serving a felony sentence in a state correctional facility; (iv) "State correctional facility" means the Wyoming state penitentiary, the Wyoming women's center or any penitentiary honor farm or camp; (v) "This act" means W.S. 25-13-101 through 25-13-107.
Propose a change(a) There is created the correctional industries advisory board. The board shall consist of seven (7) members appointed by the governor. Members shall serve a three (3) year term provided that of the initial board, two (2) members shall be appointed for a one (1) year term, two (2) members for two (2) year terms and three (3) members for three (3) year terms. Membership on the board shall include representatives of organized labor, business, the criminal justice system and the educational community. The director of the department of corrections and the director of the department of workforce services, or their designees, shall serve as ex officio nonvoting members of the board. (b) The governor may remove any member of the board as provided by W.S. 9-1-202. (c) Vacancies on the advisory board shall be filled by appointment for the unexpired term. (d) Members of the advisory board shall not receive compensation for their services, but when actually engaged in the performance of their duties shall receive travel expenses, per diem and mileage expenses in the same manner and amount as employees of the state. (e) The department shall provide staff services as the advisory board requires to carry out its duties. (f) The advisory board shall recommend to the governor and to the department policies for correctional industries programs designed to: (i) Offer inmates meaningful employment, work experience and training in vocations that are specifically designed to reduce recidivism and thereby enhance public safety by providing opportunities for legitimate means of livelihood upon the inmate's release from custody; (ii) Provide industries which will reduce the tax burden of corrections and save taxpayers money through production of goods and services for sale and use; (iii) Provide for the effective and efficient operation of correctional work programs which are as similar as possible to those provided by the private sector; (iv) Encourage the development of and provide for the selection of, contracting for, and supervision of work programs with participating private enterprise firms; and (v) Provide advice regarding the use of available funds in correctional industries enterprises and meaningful work programs that will not result in the displacement of employed workers, be applied in skills, crafts or trades in which there is adequate gainful labor in the locality or impair existing contracts for services. (g) The advisory board shall annually review and report to the governor and joint judiciary interim committee the performance of the correctional industries program within the department.
Propose a change(a) There is created the correctional industries account. The department shall deposit in the account all monies collected under W.S. 25-13-107(b)(iii) and all other revenues or profits that accrue from the operation of the correctional industries program created by this act until the account balance reaches five million dollars ($5,000,000.00). Annually, on July 1, monies within the account in excess of five million dollars ($5,000,000.00) shall be credited to the general fund as reimbursement to the state for costs of incarceration. Interest on funds in the account shall remain in the account. (b) Monies in the account shall be appropriated only for expenses related to the establishment, operation and enhancement of the correctional industries program and vocational programs at state correctional facilities.
Propose a change(a) The department, in consultation with the correctional industries advisory board, may establish programs for the employment of inmates by private employers and enter into agreements with private employers under which the employer owns, constructs, leases to or from the department or otherwise establishes facilities to manufacture or process goods, provide services or conduct any other business, commercial or agricultural enterprise and employ inmates from a correctional facility. Facilities established under this section may be located within or outside the exterior boundaries of a state correctional facility property. Construction of facilities by private employers under this section shall not be subject to competitive bid requirements applicable to construction by the state. Inmate labor may be used pursuant to W.S. 7-16-202 for construction of facilities that occurs within the exterior boundaries of a state correctional facility property under this section. (b) If any state correctional facility operates a program involving the use, purchase, training or sale of wild horses, the program shall not use any wild horse which was not initially captured or found within the boundaries of the state or within the boundaries of a bureau of land management herd management area contiguous to the state. There shall be a brand and ownership inspection under W.S. 11-20-203 at the time of transfer of a wild horse to or from any state correctional facility. Not later than November 1 of each year, the department shall report to the joint agriculture, state and public lands and water resources interim committee on any use of or other transactions involving wild horses at correctional facilities in this state. As used in this section, "wild horse" means as defined in W.S. 11-30-115(a).
Propose a changeAn inmate may be employed under this act only on a voluntary basis and only after the inmate has been informed of all conditions of employment.
Propose a change(a) The employer shall contribute to the state worker's compensation fund at the appropriate rate calculated by the worker's compensation division for the work being performed. (b) A nongovernmental enterprise operating on any correctional facility premises under this act is subject to all laws and rules otherwise governing the operation of similar private enterprises in this state.
Propose a change(a) Any agreement entered into between the department and a private employer under this act shall provide that an employed inmate shall be paid wages at a rate which is not less than that paid for work of a similar nature in the locality in which the work is performed. (b) The compensation of an inmate employed under this act shall be surrendered to the department and shall be distributed in the following order: (i) Fifteen percent (15%) of the inmate's gross compensation under the program to the inmate's personal savings account within the correctional facility's trust and agency account, until the inmate's account has a balance of up to two thousand five hundred dollars ($2,500.00). Once the inmate's personal savings account balance reaches two thousand five hundred dollars ($2,500.00), this fifteen percent (15%) shall be distributed to the inmate as provided by W.S. 7-16-205(a). Funds in the inmate's personal savings account shall be paid to the inmate upon parole or final discharge; (ii) Twenty percent (20%) of the inmate's gross compensation under the program to be distributed to the inmate as provided by W.S. 7-16-205(a); (iii) Deduction for federal income taxes, medicare and social security appropriate to the gross amount of the inmate's compensation under the program; (iv) Fifteen percent (15%) of the remaining amount to the crime victims compensation account created by W.S. 1-40-114; (v) If the inmate is not obligated to pay child support, the remaining amount to the correctional industries account pursuant to W.S. 25-13-103(a), to reduce the cost otherwise associated with providing the inmate with room and board; (vi) If the inmate is obligated for existing child support obligations, pursuant to state statute or court order, including all support obligations issued pursuant to W.S. 20-2-102, the remainder of the inmate's compensation under the program, shall be distributed toward the child support obligation up to the amount ordered. If the existing child support obligation is less than the remainder of the inmate's compensation under the program, the difference between the actual amount of the child support obligation and the remainder of the inmate's compensation under the program shall be distributed to the correctional industries account pursuant to W.S. 25-13-103(a), to reduce the cost otherwise associated with providing the inmate with room and board; (vii) The department shall provide all inmates employed under this act with the forms necessary for the filing of a petition for support under W.S. 20-2-102 and shall honor new or existing court orders for support up to the amount ordered, including those orders issued pursuant to a petition for support filed under W.S. 20-2-102. (c) The department shall develop the necessary administrative structure to recover inmates' wages and keep records of the amount inmates pay for the costs of incarceration. (d) The earnings of inmates under this act are not subject to garnishment, attachment or execution either in the hands of the employer, the department or any agent authorized to hold and transmit the earnings. (e) If a provision of this act relating to the payment or disbursement of compensation to inmates employed in a correctional industries program conflicts with any other provision of title 27 of the Wyoming Statutes, the provision of this act controls.
Propose a changespouses; admission of "gold star" nonveterans; preference to veterans and veterans' spouses; capacity. (a) The Wyoming veterans' skilled nursing facility is created to provide veterans with skilled nursing benefits across multiple levels of need. The skilled nursing facility shall provide community living, care and treatment for individuals who, due to wounds, disease, old age or other infirmities as determined by department of health rules, need safety net care because they cannot be served in private facilities, skilled nursing care or subsidized long-term care benefits and who are: (i) Honorably discharged veterans of the armed forces of the United States; or (ii) Members of the state national guard disabled while on duty. (b) The department of health may admit to the Wyoming veterans' skilled nursing facility a spouse of a person who qualifies under subsection (a) of this section, pursuant to rules or orders the department promulgates in accordance with W.S. 9-2-106(d) or 25-14-105. (c) The department of health may admit persons to the Wyoming veterans' skilled nursing facility for care and treatment who are not qualifying veterans or spouses of veterans under subsection (a) or (b) of this section if: (i) The persons are qualifying dependents or the parents of United States military personnel who died while in service or who died as a result of their service as provided by statute, rule or regulation of the United States department of veterans affairs; and (ii) The persons are admitted pursuant to rules or orders promulgated in accordance with W.S. 9-2-106(d) or 25-14-105. (d) Veterans and spouses of veterans who qualify for admission under subsections (a) and (b) of this section shall be given preference of admission in all circumstances. (e) In addition to subsections (a) through (d) of this section, the veterans' skilled nursing facility shall comply with United States department of veterans affairs rules regarding capacity guidelines, number of beds and populations served.
Propose a changedisposition, receipt and expenditure of monies received; acceptance of funding and donations. (a) There is created the veterans' skilled nursing facility special revenue account. Notwithstanding W.S. 9-4-303(a), the department of health, veterans' commission and state construction department shall deposit all monies and income received and collected by or for the Wyoming veterans' skilled nursing facility into the account. Monies in this account are continuously appropriated to pay the costs of design and planning, construction, operation, loan repayment and maintenance of the veterans' skilled nursing facility. (b) The department of health on behalf of the state may accept: (i) State, federal, local and nongovernmental funds for the purposes of this chapter provided that any condition on receipt of the funds is not inconsistent with this chapter; (ii) Donations of land, money or other property for the construction, maintenance or other benefit of the veterans' skilled nursing facility.
Propose a change(a) The department of health shall, by contract or otherwise: (i) Provide skilled nursing care in the veterans' skilled nursing facility in accordance with the federal Social Security Act and the federal Medicare and Medicaid regulations and United States department of veterans affairs requirements; (ii) Appoint one (1) department of health employee to oversee federal and state requirements applicable to the veterans' skilled nursing facility; (iii) Provide other care as required under authority of the director of the department of health pursuant to W.S. 9-2-106(d). (b) The department of health may contract with an organization to provide day-to-day operation and administrative management of the veterans' skilled nursing facility. The contract may provide for a monthly management fee as the department of health determines. The contract for operations and administrative management shall be in accordance with the best practices of a "green house" model community living concept and shall comply with state and federal law and regulations.
Propose a changeResidents shall pay for services provided under this chapter according to department of health rules. Payments shall be set at amounts to ensure that appropriate services are provided at the veterans' skilled nursing facility, as required by this chapter, and shall be consistent with requirements for grant in aid payments from the United States department of veterans affairs.
Propose a changeThe department of health shall promulgate rules necessary to carry out this chapter. The rules shall provide admission requirements that do not jeopardize the veterans' skilled nursing facility's, or any veteran's, qualifications to receive federal financial aid during admission to the veterans' skilled nursing facility.
Propose a change