Hospital licensing.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0327

SENATE FILE
NO.
SF0090

Hospital licensing.

Sponsored by:
Senator(s) Scott and Craft and Representative(s) Freeman and Harvey

A BILL

for

AN ACT relating to hospital licensing; requiring licensed hospitals to treat Medicare and Medicaid patients as specified; providing for nonrenewal of licenses; providing for applicability and grace periods; 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.

Hospital licensure; required care.

(a)

Before issuing an initial license or renewal license to a hospital under this article, the department shall determine that
:

(i)

T
he hospital serves Medicare and Medicaid patients
; and

(ii)

D
oes not discriminate in admission or treatment against patients covered by the Medicare and Medicaid programs.
A hospital does not discriminate in admission or treatment if:

(A)

It is an authorized Medicare and Medicaid provider;

(B)

It does not refuse admission to patients based on their Medicare and Medicaid status except
as required by federal law or regulations; and

(C)

A majority of the providers referring and treating patients in the hospital may lawfully refer and treat patients in the hospital and receive reimbursement from Medicare or Medicaid for their services in the hospital. A minority of providers shall satisfy this requirement if Medicare and Medicaid patients they admit and treat constitute at least forty percent (40%) of the patients admitted for overnight stays.

(
b
)

Commencing April 1, 2014,
a new hospital seeking
initial
licensure, a hospital already licensed that is
not a Medicare and Medicaid provider, or
a licensed hospital
which subsequently loses its status as a Medicare and Medicaid provider,
may request and be granted a conditional license allowing it to operate while seeking to comply with the Medicaid and Medicare requirements of subsection (a) of this section. The hospital shall have one (1) year to comply with the provisions of paragraph (a)(i)
of this section
and two (2) years to comply with the provisions of paragraph (a)(ii)
of this section
.
The department may extend the
time
period for not more than six (6) months at a time if it determines that the hospital is making a good faith effort to become a Medicare and Medicaid provider.
T
he department may terminate a hospital license immediately
and may condition any further licensure and operation on any safety requirements it deems appropriate
if the state health officer determines that the reason for the lack of Medicare and Medicaid status presents a clear and present risk to the health and safety of patients or potential patients of the hospital.

(
c
)

For purposes of this section, delays by the center for Medicare and Medicaid services in responding to
applications for provider status shall be considered good cause. Continuation in a knowing violation by the hospital or its owners of a known Medicare or Medicaid regulation shall not be considered good cause. Good cause shall otherwise be determined by the director of the department in his sole discretion.

(
d
)

As used in this section,
"Medicare" means coverage under Part A of Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq.

Section 2.

This act is effective July 1, 2014.

(EN
D)

1
SF0090