Medical specialty centers.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0262

HOUSE BILL
NO.
HB0034

Medical specialty centers.

Sponsored by:
Joint Labor, Health and Social Services Interim Committee

A BILL

for

AN ACT relating to public health and safety; providing a temporary moratorium on licensing of new medical specialty centers, as specified; providing a definition; providing for a study of medical specialty centers by the
Wyoming
health care commission; requiring a report; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 35
‑
2
‑
913 is created to read:

35
‑
2
‑
913.

Medical special
ty
centers; moratorium.

(a)

For purposes of this section, "me
dical specialty center" means a hospital organized or incorporated as a
n
entity that is primarily or exclusively
engaged in the care and treatment of one (1) or more of the following:

(i)

Patients with a cardiac condition;

(ii)

Patients with an orthopedic condition;

(iii)

Patients receiving a surgical procedure; or

(iv)

Patients receiving any other specialized category of services designated by the department in its rules and regulations.

(b)

For purposes of this section, the following are not medical specialty centers:

(i)

Psychiatric hospitals;

(ii)

Rehabilitation hospitals;

(iii)

Children’s hospitals;

(iv)

Long-term care hospitals;

(v)

Cancer treatment hospitals;

(vi)

Existing medical specialty centers licensed as provided in this chapter before April 1, 2006.

(
c
)

Except for renewal licenses pursuant to W.S. 35
‑
2
‑
904(c),
the department shall not issue a license
for a
hospital or
medical specialty center before
April 1, 2007 if the hospital or medical specialty center:

(i)

Allows patients to remain in the facility for twenty-four (24) hours or longer;

(ii)

Is in a community or within fifteen (15) miles of a community which already has a hospital; and

(iii)

Is not an institution listed in W.S. 35
‑
2
‑
913(b).

(
d
)

The department shall adopt rules and regulations to implement the provisions of this section.

(
e
)

The director pursuant to rules and regulations, upon written application and a finding of an acute shortage of health care in the community of the type offered by an applicant medical specialty center, may waive the moratorium provided under subsection (
c
) of this section.

(
f
)

This section is repealed effective
April 1
, 200
7
.

Section 2.
W.S. 35
‑
2
‑
901(a)(xxiv) is amended to read:

35
‑
2
‑
901.

Definitions; applicability of provisions.

(a)

As used in this act:

(xxiv)

"This act" means W.S. 35
‑
2
‑
901 through
35
‑
2
‑
912

35
‑
2
‑
913
.

Section 3
.

(a)

The
Wyoming
health care commission shall conduct a study of medical specialty centers and their effects, both actual and potential, on the state's health care system. In performing the study, the commission shall evaluate and formulate recommendations regarding each of the following issues:

(i)

The possible effects on the state's health care system, particularly on the delivery of inpatient hospital services, of physician
and hospital
ownership and investment interests in for-profit medical specialty centers;

(ii)

The feasibility of requiring physicians planning to establish a for-profit medical specialty center to do so in collaboration with a general hospital. The commission shall also consider how the hospital and physicians might share ownership and investment interest in a for-profit medical specialty center;

(iii)

The feasibility of creating a fund to subsidize high cost emergency and trauma care for uninsured persons who are treated at hospitals other than medical specialty centers and of requiring medical specialty centers to contribute to the fund;

(iv)

The feasibility of each of the following:

(A)

Establishing a certificate of need process;

(B)

Modifying the licensure process for
medical specialty centers.

(v)

The feasibility of requiring for-profit medical specialty centers to provide a certain amount of indigent care;

(vi)

Any other issue the commission considers appropriate.

(b)

The commission shall submit its report to the governor, the legislative management council and the joint labor, health and social services interim committee not later than
November 1, 2006
.

Section 4.

One hundred
seventy-five
thousand dollars ($1
75
,000.00) is appropriated from the general fund to the health care commission for the purposes of the study required in
s
ection 3 of this act.

Section 5.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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HB0034