35-1-620. Powers and duties of the department and its divisions.
(a) The department through its divisions may:
(i) Enter into cooperative contracts with private agencies, public agencies and community boards by negotiation without competitive bids or by competitive bidding. The department shall not contract with any entity which is not in substantial compliance with the standards and guidelines under subsection (b) of this section. The department shall not contract with any entity to purchase shelter and crisis services for victims of domestic abuse or sexual assault;
Note: Effective 7/1/2022 this paragraph will read as:
(i) Enter into cooperative contracts with behavioral health centers, private agencies, public agencies and community boards by negotiation without competitive bids or by competitive bidding. The department shall not contract with any entity which is not in substantial compliance with the standards and guidelines under subsection (b) of this section. The department shall not contract with any entity to purchase shelter and crisis services for victims of domestic abuse or sexual assault;
(ii) Consult with and advise community boards, political subdivisions, nonprofit corporations, state agencies, health and medical groups within the state and the United States public health service about standards for the promotion of services to residents of Wyoming for the prevention, diagnosis and treatment of mental illness, substance abuse and developmental disabilities and for the provision of other community based services which serve a public purpose.
Note: Effective 7/1/2022 this paragraph will read as:
(ii) Consult with and advise community boards, political subdivisions, nonprofit corporations, state agencies, health and medical groups within the state and the United States public health service about standards for the promotion of services to residents of Wyoming for the prevention, diagnosis and treatment of mental illness, substance use disorders and developmental disabilities and for the provision of other community based services which serve a public purpose.
(b) The department shall:
(i) Prescribe professional standards for personnel providing services purchased in whole or in part by the state under this act. The standards do not replace the standards for licensing under any other Wyoming law;
(ii) Prescribe standards for the quality of human services programs which provide state purchased services under this act;
Note: Effective 7/1/2022 this paragraph will read as:
(ii) Prescribe standards for the quality of human services programs which provide state funded services under this act;
(iii) Establish a uniform schedule of fees which will act as a guideline for state purchased services provided to clients by human services programs under this act. The schedule shall accurately reflect a client's ability to pay;
Note: Effective 7/1/2022 this paragraph will read as:
(iii) Establish payment policies for statefunded services provided to priority populations that take into account a client's ability to pay and utilize general funds authorized for expenditure as the payment of last resort;
(iv) Review and comment on an application for funds submitted by any entity to the federal government for a human services program established or funded under this act other than programs providing shelter and crisis services for victims of domestic abuse or sexual assault;
Note: this paragraph is repealed by Laws 2021, ch. 79, § 2. effective 7/1/2022.
(v) Review and evaluate all programs authorized or funded under this act other than programs providing shelter and crisis services for victims of domestic abuse or sexual assault;
Note: this paragraph is repealed by Laws 2021, ch. 79, § 2. effective 7/1/2022.
(vi) For state purchased services select the most appropriate service providers within each region in order to achieve the most effective and efficient human services system;
Note: Effective 7/1/2022 this paragraph will read as:
(vi) Prioritize behavioral health centers as the providers of state funded services. If a behavioral health center cannot provide sufficient services, the department shall select the most appropriate service provider in order to achieve an effective and efficient delivery of mental illness and substance use disorder services and human services programming;
(vii) Prescribe procedures to ensure that programs providing state purchased services provide for the confidentiality of patient records; and
Note: this paragraph is repealed by Laws 2021, ch. 79, § 2. effective 7/1/2022.
(viii) Prescribe conditions of eligibility for funding under this act so that no person shall be denied services on the basis of race, creed, color, national origin or inability to pay;
Note: this paragraph is repealed by Laws 2021, ch. 79, § 2. effective 7/1/2022.
(ix) Prioritize the delivery of state funded services to priority populations and allocate those services between priority populations in the following order of priority, with tier 1 being the highest priority and tier 3 being the lowest priority among priority populations: [NOTE: This paragraph will be effective 7/1/2022.]
(A) Tier 1: priority populations specified under W.S. 35-1-613(a)(xxii)(A) through (E);
(B) Tier 2: priority populations specified under W.S. 35-1-613(a)(xxii)(F), who do not otherwise qualify under Tier 1;
(C) Tier 3: priority populations specified under W.S. 35-1-613(a)(xxii)(G), who do not otherwise qualify under Tiers 1 or 2.
(x) Subject to subsection (c) of this section, the priority populations tier requirements under paragraph (ix) of this subsection and in addition to other contractual payments to behavioral health centers and other service providers under this act, the department shall provide essential subsidy payments to eligible behavioral health centers, or to other eligible service providers under paragraph (vi) of this subsection, to help defer continuing operating costs needed to provide services to priority populations. A behavioral health center or other service provider under paragraph (vi) of this subsection shall be eligible to receive essential subsidy payments only upon demonstrating a need for operational cost assistance as determined by rule of the department. The amount of any essential subsidy payment shall be subject to available funding and based on the total population of the geographic area served by the behavioral health center or other provider and the number of other behavioral health care providers within a thirty-five (35) mile radius; [NOTE: This paragraph will be effective 7/1/2022.]
(xi) Prioritize behavioral health centers for the delivery of gatekeeping services as provided by W.S. 25-10-112(g) and only assume the expenses associated with a gatekeeper under W.S. 25-10-112(j) when the gatekeeper has been contracted through a behavioral health center. [NOTE: This paragraph will be effective 7/1/2022.]
(c) Behavioral health centers may provide mental health or substance use disorder services to general access clients provided that the service is funded through any combination of sources other than state funding for priority populations under this section. Behavioral health centers may use the facilities, supplies and personnel funded under paragraph (x) of this subsection to provide services to general access clients provided services to priority populations are not materially diminished. When the means of the state allow, the department is authorized to seek funding through the budget process to deliver mental health or substance use disorder services to general access clients. [NOTE: This section will be effective 7/1/2022.]