(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. ARTICLE 10 - DESIGNATION OF HOSPITALS 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. ARTICLE 11 - HEALTH CARE FACILITY RECEIVERSHIP 35-2-1101. Short title. This act may be cited as the "Health Care Facility Receivership Act." 35-2-1102. Definitions. (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. 35-2-1104. Effect of appointment. 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. 35-2-1105. Powers and duties of a receiver. (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. 35-2-1106. Termination of receivership. (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. 35-2-1107. Priorities. (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. 35-2-1108. Receiver's liability. (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. 35-2-1109. Applicability. 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. ARTICLE 12 - SENIOR HEALTH CARE DISTRICTS 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. 35-2-1203. Administration of finances; assessment and levy of taxes. (a) The board of trustees of a senior health care district shall administer the finances of the district according to the provisions of the Uniform Municipal Fiscal Procedures Act, except that an annual audit in accordance with W.S. 16-4-121 is not required. Each senior health care district shall comply with the provisions of W.S. 9-1-507(a)(iii). (b) The assessor shall assess the property of each senior 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 senior health care district but 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. 35-2-1204. Applicability. A senior health care district shall be operated, administered and is otherwise subject to the provisions that govern a rural health care district under Wyoming statutes, title 35, chapter 2, article 7, except W.S. 35-2-701, 35-2-705 and 35-2-708 shall not apply. W.S. 35-2-711 through 35-2-722 shall not apply to W.S. 35-2-1203. The question of approval of the issuance of bonds for senior health care purposes pursuant to W.S. 35-2- 709(a) shall be submitted to electors only at a general election. ARTICLE 13 - ELECTRONIC MONITORING OF LONG-TERM CARE 35-2-1301. Short title. This act may be cited as the "Long-term Care Electronic Monitoring Act." 35-2-1302. Definitions. (a) As used in this act: (i) "Capacity to consent" means an individual's ability to: (A) Understand and appreciate the significant benefits, risks and alternatives to proposed health care; (B) Understand and appreciate the nature and consequences of making decisions concerning one's person; and (C) Make and communicate a health care decision. (ii) "Department" means the Wyoming department of health; (iii) "Electronic monitoring" means the placement and use of an electronic monitoring device by a resident in the resident's room pursuant to the requirements of this act; (iv) "Electronic monitoring device" means a video camera or other surveillance instrument with a fixed position that captures, records, transmits or broadcasts audio, video or both and that is installed in a resident's room and used for electronic monitoring of the resident and activities in the room; (v) "Facility" means an assisted living facility or a nursing care facility certified, licensed or otherwise authorized or permitted by law to provide long-term care in the facility's ordinary course of business and through its employees acting within the scope of their duties; (vi) "Resident" means a person who is eighteen (18) years or older residing at a facility; (vii) "Resident's representative" means an individual with a power of attorney for health care or other legal authority to make health care decisions on behalf of a resident who lacks capacity to consent; (viii) "Resident's room" means a resident's private or shared primary living space within a long-term care facility; (ix) "This act" means W.S. 35-2-1301 through 35-2- 1308. 35-2-1303. Authorized electronic monitoring; applicability. (a) No facility or resident of a facility shall engage in electronic monitoring or use electronic monitoring devices except as provided in this act. (b) Notwithstanding W.S. 7-3-702, nothing in this act shall be construed to authorize or permit the use of an electronic monitoring device for the nonconsensual interception or unauthorized recording, storage or disclosure of private communications or actions occurring in a resident's room. (c) A facility may install and use security surveillance devices in the facility's common areas and other locations except for resident rooms as the facility deems necessary for monitoring the facility. Any recording made by security surveillance devices under this subsection shall be the property of the facility. (d) A resident or resident's representative may seek to install and use electronic monitoring devices in the resident's room pursuant to the requirements of this act. Any recording made by an electronic monitoring device under this subsection shall be the property of the resident or the resident's representative but may be used by a facility as provided by rule of the department. 35-2-1304. Authorized electronic monitoring; notice. (a) Every facility where electronic monitoring devices are in use shall post and maintain a notice or signage in a conspicuous location at or near the facility's main entrances stating that electronic monitoring devices may be in use in or throughout the facility. (b) A facility shall post and maintain notice or signage in a conspicuous location at the entrance to each resident's room where an electronic monitoring device is being used. The notice or signage shall state that the resident's room is being monitored by an electronic monitoring device. (c) When electronic monitoring or security surveillance is used at a facility, upon admission or at any other necessary time as determined by the facility, a facility shall obtain the resident's or the resident's representative's signature on a form furnished by the department and provided to the resident or representative by the facility. The form must at a minimum list the following: (i) That each resident has the right to use electronic monitoring devices in the resident's room, provided that any other residents in the room consent to the electronic monitoring; (ii) That the use of unauthorized electronic monitoring devices or covert placement of an electronic monitoring device is prohibited; (iii) That other residents in the facility may be using electronic monitoring devices in their rooms; (iv) That a resident may file a grievance with the facility if a facility interferes with a resident's right to use electronic monitoring and that a resident may file a grievance with the department if the facility fails to resolve or respond to the grievance; (v) The security and privacy risks associated with the use of electronic monitoring devices; (vi) Any other provisions required by the department pursuant to rules promulgated in accordance with this act. 35-2-1305. Capacity; request; consent; records. (a) A resident with capacity to consent may request and consent to electronic monitoring pursuant to the provisions of this act. For a resident who lacks capacity to consent, the resident's representative may request and consent to electronic monitoring, provided the use of electronic monitoring does not contravene any prior expressed wishes of the resident and the resident does not object to electronic monitoring. (b) A resident or the resident's representative shall request to use electronic monitoring in the resident's room using a form provided by the department and furnished to the resident or representative by the facility. The form required under this subsection shall require the resident or his representative to: (i) Acknowledge that, by using an electronic monitoring device, the resident may reveal personal or sensitive information, including health-related information, to individuals with authorized access to the electronic monitoring device and confirm that the resident or his representative consents to any disclosure; (ii) Waive any claim of liability against the facility for any civil damages for any release or use of a recording made by security surveillance devices under the control or in the custody of the facility or for a violation of the resident's right to privacy in connection with the use of electronic monitoring devices, except for acts or omissions constituting gross negligence or willful or wanton misconduct; (iii) Acknowledge that the consent of other residents residing in the same room is required and that the other residents residing in the same room may limit the resident's use of an electronic monitoring device; (iv) Specify the desired type and number of devices, the proposed date of installation and a copy of any contracts with commercial entities that will oversee the installation and maintenance of the electronic monitoring devices; (v) Acknowledge that facility approval of the type, number, location and installation of electronic monitoring devices is required before installation; (vi) Acknowledge that the resident is responsible for all fees associated with the electronic monitoring device including purchase, installation, removal, maintenance, internet connectivity and repair of any damage or markings resulting from installation; (vii) Complete any other requirements specified by the department. (c) No resident shall install an electronic monitoring device in the resident's room without the consent of any other resident residing in the same room. A resident may obtain the consent of all other residents in the same room by using a form furnished by the department and provided to the resident by the facility. The form shall require the consenting resident or his representative to: (i) Acknowledge that he is not required to consent and may revoke his consent at any time; (ii) Acknowledge the resident's right to impose limits on electronic monitoring pursuant to W.S. 35-2-1306(g); (iii) Waive any claim of liability against the facility for any civil damages for any release or use of a recording made by an electronic monitoring device under the control or in the custody of the facility or for a violation of the resident's right to privacy in connection with the use of electronic monitoring devices, except for acts or omissions constituting gross negligence or willful or wanton misconduct; (iv) Complete any other requirements specified by the department. (d) A resident requesting to use electronic monitoring may request to switch rooms or roommates, subject to availability and at the resident's expense. A facility unable to accommodate a resident's request shall reevaluate the request at least one (1) time every two (2) weeks until the facility is able to accommodate the request. A facility shall not be responsible for its inability to accommodate a resident's request at the time of the request. (e) A resident or resident's representative who consented as provided in subsection (c) of this section may revoke that consent at any time and for any reason. If consent is revoked, a resident must immediately cease using any electronic monitoring devices in the room. A facility shall have authority to remove or disable any electronic monitoring device from a room after consent is revoked and if the resident does not immediately cease using the device. (f) All facilities shall obtain and retain all forms submitted by residents under this act. Forms shall be retained consistent with requirements for retaining medical records consistent with state and federal law. 35-2-1306. Facility rules; installation of electronic monitoring devices; accommodation by facility. (a) A facility shall not refuse to admit, remove or retaliate against a resident who requests to use, uses or declines to consent to use electronic monitoring in his room pursuant to this act. (b) A facility may develop policies governing the placement and installation of electronic monitoring devices, subject to the provisions of this act and any rules promulgated by the department. (c) A facility shall not unnecessarily impair or impede a resident's use of electronic monitoring devices but may require installation of devices by a licensed contractor or facility personnel and may limit the placement of devices to maintain resident privacy and dignity. (d) A resident shall obtain the facility's approval before installing or using any electronic monitoring device, subject to the consent of any other resident residing in the same room as required under W.S. 35-2-1305(c). (e) A resident or the resident's representative shall be responsible for all costs associated with purchasing, installing, using, maintaining, servicing and removing electronic monitoring devices. For electronic monitoring devices requiring an internet connection, the facility may restrict or limit a resident's use of the facility's network services for those devices and may charge a reasonable fee to the resident using the facility's internet for electronic monitoring. (f) All electronic monitoring devices used by facilities and residents in facilities shall be conspicuous and in plain view. The facility is responsible for ensuring that no electronic monitoring device is installed in a location that: (i) Jeopardizes the privacy or dignity of any resident; (ii) Contravenes any imposed limitation on its placement or use as set forth by the department, the facility, the resident or any other resident residing in the same room; (iii) Jeopardizes the safety of a resident, employee, visitor or other person; (iv) Violates federal, state or local regulations. (g) Any resident residing in a room with electronic monitoring may establish limits on the use of electronic monitoring. The resident may impose limits restricting monitoring during specific times, in the presence of specific individuals, during times of personal care and treatment or for any other reason. Upon request by the resident, the facility shall make reasonable efforts to disable or obscure the electronic monitoring devices and to accommodate the resident's requested limits on electronic monitoring when the facility can reasonably do so. The facility shall document all limits requested by the resident and the facility's efforts to accommodate those requests. (h) A facility or employee of the facility shall not have access to video or audio recordings captured by an electronic monitoring device except as specified in this act. 35-2-1307. Admissibility of electronic monitoring; liability; reporting. (a) No court or state agency shall admit into evidence or consider during any proceeding any recording created using an electronic monitoring device in a facility unless the recording is otherwise admissible under the Wyoming Rules of Evidence. (b) Upon request, a facility shall receive a copy of any recording that a party uses in an administrative proceeding against the facility. (c) A facility shall have no criminal or civil liability for: (i) Disclosing a recording made by an electronic monitoring device for any purpose pursuant to this act; and (ii) The disclosure of a recording for any purpose not authorized by this act by a resident, the resident's representative or any agent of the resident or the resident's representative. (d) A facility that provides internet or network access to a resident for the resident's electronic monitoring device shall not be liable for any network security breach caused by or resulting in unauthorized access to the electronic monitoring devices or any data captured, recorded, transmitted or broadcasted by the devices. (e) A facility shall have no civil or criminal liability for a violation of a resident's right to privacy that arises out of any electronic monitoring conducted in accordance with this act. 35-2-1308. Electronic monitoring devices; rulemaking; compliance with rules. (a) The department shall promulgate rules necessary to implement this act including rules for receiving and resolving grievances received from residents. (b) Any resident or facility using an electronic monitoring device before, on or after October 1, 2020 shall comply with this act. ARTICLE 14 - PLANS OF SAFE CARE FOR INFANTS 35-2-1401. Definitions; plans of safe care; requirements. (a) As used in this article: (i) "Early intervention and education program" means a program that provides services for infants and children with developmental delays and disabilities; (ii) "Patient care team" means a team of health care providers, including one (1) or more licensed health care providers, who provide medical care services to a patient; (iii) "Plan of safe care" means a plan designed to ensure the safety and wellbeing of an infant with prenatal substance use exposure following the infant's release from the care of a health care provider by addressing the health and substance use treatment needs of the infant and the affected family or caregiver. (b) When an infant is born with and identified, or identified prenatally, as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug or alcohol exposure, a member of a patient care team shall develop a plan of safe care, in cooperation with the infant's parents, families or guardians and with a priority of keeping the infant in the home as the safety and wellbeing of the infant allows in order to: (i) Ensure the safety and wellbeing of the infant; (ii) Address the health and substance use treatment needs of the infant and affected family members or caregivers; and (iii) Ensure that appropriate referrals are made for the infant and affected family members or caregivers upon discharge from the hospital or other health care provider, including a referral to a local early intervention and education program. (c) The plan of safe care shall take into account whether the infant's prenatal drug exposure occurred as a result of medication assisted treatment or medication prescribed for the mother by a healthcare provider, and whether the infant's mother is or will be actively engaged in ongoing substance use disorder treatment that would mitigate the future risk of harm to the infant following discharge. (d) If applicable, a copy of the plan of safe care shall be provided to the appropriate community partners involved in the infant's future care and included in the instructions for the infant upon discharge from the hospital or other health care provider. (e) The patient care team shall report the total number of infants and families for whom a plan of safe care has been developed to the department of family services pursuant to the Comprehensive Addiction and Recovery Act of 2016, P.L. No. 114- 198. (f) A plan of safe care shall contain a termination date not to exceed one (1) year after the plan of safe care is initiated. The patient care team and the parents, families or guardians may initiate subsequent plans of safe care after the termination of the initial plan of safe care under this subsection. ARTICLE 15 - HOSPITAL PRICE TRANSPARENCY ACT 35-2-1501. Short title; purpose; sunset. (a) This act shall be known and may be cited as the "Hospital Price Transparency Act." (b) The purpose of this act is to require hospitals to disclose prices for certain items and services and to provide civil penalties. (c) This article is repealed effective July 1, 2029. 35-2-1502. Definitions. (a) As used in this act: (i) "Department" means the department of health; (ii) "De-identified maximum negotiated charge" means the highest charge a facility has negotiated with any third party payors for a facility item or service; (iii) "De-identified minimum negotiated charge" means the lowest charge a facility has negotiated with any third party payors for a facility item or service; (iv) "Discounted cash price" means the charge that applies to a person who pays cash, or a cash equivalent, for a facility item or service; (v) "Facility" means a hospital located within the state and licensed under title 35, chapter 2, article 9 of the Wyoming statutes; (vi) "Facility item or service" means all items and services, including individual items and services and service packages, that may be provided by a facility to a patient in connection with an inpatient admission or an outpatient department visit, including: (A) Supplies and procedures; (B) Room and board; (C) Use of the facility and other areas, generally referred to as facility fees; (D) Services of health care providers, generally referred to as professional charges; (E) Any other item or service offered by the facility. (vii) "Gross charge" means the charge for a facility item or service that is reflected on a facility's list, less any discounts; (viii) "Machine-readable format" means a digital representation of information that can be imported or read into a computer system for processing; (ix) "Payor-specific negotiated charge" means the charge that a facility has negotiated with a third party payor for a facility item or service; (x) "Shoppable service" means a facility item or service that may be scheduled by a patient in advance; (xi) "Standard charge" means the regular rate established by the facility for a facility item or service provided to a specific group of paying patients. The term includes all of the following: (A) The gross charge; (B) The payor-specific negotiated charge; (C) The de-identified minimum negotiated charge; (D) The de-identified maximum negotiated charge; (E) The discounted cash price. (xii) "Third party payor" means a person who is, by statute, contract or agreement, legally responsible for payment of a claim for a facility item or service; (xiii) "This act" means W.S. 35-2-1501 through 35-2- 1507. 35-2-1503. List of standard charges required. (a) A facility shall: (i) Maintain a list of all standard charges for facility items or services in accordance with this section; (ii) Maintain a list of the standard charges required under paragraph (i) of this subsection for not less than three hundred (300) shoppable services provided by the facility, or as many of the shoppable services the facility provides, in accordance with this section; and (iii) Make the lists required by paragraphs (i) and (ii) of this subsection available to the public at all times. (b) The lists required to be maintained by a facility under subsection (a) of this section shall reflect the standard charges applicable to each location as required by federal rules and regulations. (c) The lists required under subsection (a) of this section shall include the following items, if applicable: (i) A description of each facility item or service provided by the facility; (ii) The following charges, expressed in dollar amounts, for each individual facility item or service: (A) All standard charges; (B) Any code used by the facility for purposes of accounting or billing; and (C) A list of charges for shoppable services as required by paragraph (a)(ii) of this section, including but not limited to: (I) The charges for shoppable services specified by the centers for Medicare and Medicaid services in 45 C.F.R. part 180; or (II) If the facility does not provide all of the shoppable services described by subdivision (I) of this subparagraph, then the facility shall provide as many of the charges for those shoppable services as the facility does provide. (d) The lists required by subsection (a) of this section shall be displayed in a prominent location on the home page of the facility's publicly accessible website or accessible through a link on that website. (e) The lists required under subsection (a) of this section shall: (i) Be available: (A) Free of charge; (B) Without having to establish a user account or password; (C) Without having to submit personal identifying information; (D) Without having to enter a code to access the list. (ii) Be accessible to a common commercial operator of an internet search engine to the extent necessary for the search engine to index and display the lists as a result in response to a search query of a user of the search engine; (iii) Be digitally searchable; (iv) Use the naming convention specified by the centers for Medicare and Medicaid services. (f) Each facility shall update the lists required by subsection (a) of this section not less than annually. Each facility shall clearly indicate on its website the date that the lists were updated. 35-2-1504. Monitoring. (a) The department shall monitor each facility's compliance with the requirements of this act using any of the following methods: (i) Evaluating complaints made by persons to the department regarding noncompliance with the act; (ii) Reviewing any analysis prepared regarding noncompliance with this act; (iii) Auditing the websites of facilities for compliance with this act. (b) Notwithstanding any provision of law to the contrary, in considering an application for renewal of a facility's license or certificate, the department may consider whether a facility is or has been in substantial compliance with this act. 35-2-1505. Material violation; corrective action plan. (a) A facility materially violates this act if the facility fails to comply with the requirements of W.S. 35-2- 1503. (b) If the department determines that a facility has materially violated this act, the department shall issue a material violation notice to the facility and require that the facility submit a corrective action plan. The notice shall indicate the form and manner that the corrective action plan shall be submitted to the department and shall clearly state the date by which the facility shall submit the plan. (c) The facility that receives a notice under subsection (b) of this section shall: (i) Submit a corrective action plan in the form and manner, and by the specified date, prescribed by the notice of violation; and (ii) Act to comply with the corrective action plan by the date required by paragraph (d)(ii) of this section. (d) A corrective action plan submitted to the department shall: (i) Describe in detail the corrective action the facility will take to address any violation identified by the department in the notice provided under subsection (b) of this section; and (ii) Provide a date that corresponds with federal rules and regulations by which the facility will complete the corrective action plan. (e) A corrective action plan is subject to review and approval by the department. After the department reviews and approves a facility's corrective action plan, the department shall monitor and evaluate the facility's compliance with the plan. 35-2-1506. Civil penalty for violations. (a) The department may impose a civil penalty on a facility if a facility fails to: (i) Respond to the department's notice to submit a corrective action plan within the timeframe specified by federal rules and regulations; or (ii) Comply with the requirements of a corrective action plan submitted to the department within the timeframe specified by federal rules and regulations. (b) A civil penalty imposed under subsection (a) of this section shall be: (i) For facilities categorized as critical access hospitals: (A) For a first offense within any twelve (12) month period, one hundred dollars ($100.00) per day for each day the department imposes a civil penalty under subsection (a) of this section; (B) For a second offense within any twelve (12) month period, five hundred dollars ($500.00) per day for each day the department imposes a civil penalty under subsection (a) of this section; (C) For a third or subsequent offense within any twelve (12) month period, one thousand dollars ($1,000.00) per day for each day the department imposes a civil penalty under subsection (a) of this section. (ii) For hospitals with prospective payment systems, one thousand dollars ($1,000.00) per day for each day within any twelve (12) month period the department imposes a civil penalty under subsection (a) of this section. 35-2-1507. Legislative recommendations. The department may propose to the legislature any necessary recommendations for amending this act, including recommendations in response to amendments by the centers for Medicare and Medicaid services to 45 C.F.R. part 180.
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