35-24-101. State health care policy; legislative findings and declarations. (a) It is the policy of the state to promote: (i) The quality of health care provided to the citizens of Wyoming; (ii) Access to appropriate health care for all citizens of the state, including citizens in historically underserved populations and underserved geographic areas; (iii) Containment […]
35-24-102. Definitions. (a) As used in this chapter: (i) “Access” means the financial, temporal or geographic availability of health care to consumers; (ii) “Aggrieved party” means any provider, purchaser or third-party payor including but not limited to any hospital, physician, allied health professional, health care provider or other person furnishing goods or services to or […]
35-24-103. Application for exception; exception absolute defense; liability limited; out-of-state applicants; consultation with attorney general; rulemaking authority granted. (a) Providers, purchasers or any combination thereof, or third party payors if in collaboration with a provider, wishing to engage in contracts, business or financial arrangements or other activities, practices or arrangements that might be construed to […]
35-24-104. Application for exception; contents; notice; joint application; filing fee; confidentiality of trade secret information; extension of time limitations. (a) An application for approval of an antitrust exception shall include to the extent applicable: (i) A descriptive title; (ii) A table of contents; (iii) Exact name of each party to the application and the address […]
35-24-105. Grounds for refusal of application review. (a) If the director determines that an application is unclear, incomplete or provides an insufficient basis on which to base a decision, the director shall return the application and provide a written description of the deficiencies in the application to the applicant. The applicant may complete or revise […]
35-24-106. Notice of application; public comments; objections. (a) The director shall publish notice of application proposals required under W.S. 35-24-104(b) and provide notice to any person who has requested to be placed on a list to receive notice of applications. The director may also notify and request comments from persons as authorized under W.S. 35-24-104(b). […]
35-24-107. Determination of review procedure; criteria; right to hearing afforded. (a) After the conclusion of the notice and comment period prescribed under W.S. 35-24-106, the director shall subject to subsection (b) of this section, select one (1) of the three (3) review procedures specified under W.S. 35-24-108 through 35-24-110. In determining which procedure to use, […]
35-24-108. Decision based upon written record. (a) If a contested case hearing is not required pursuant to W.S. 35-24-107(b) and instead of a limited hearing under W.S. 35-24-109, the director may issue a decision based on the application, the comments and the applicant’s responses to the comments, to the extent each is relevant. In making […]
35-24-109. Limited hearing on application; issues identified prior to hearing; procedure; evidence; decision. (a) If a contested case hearing is not required pursuant to W.S. 35-24-107(b) and in lieu of W.S. 35-24-108, the director may prior to rendering a decision on any application, order a limited hearing. A copy of the order shall be mailed […]
35-24-110. Contested case hearing on application; procedure specified; recommendations and final decisions. (a) If required by W.S. 35-24-107, the director shall order a contested case hearing. The director shall publish notice of the time, date and location of the hearing in a newspaper of general circulation at least a week prior to the hearing. (b) […]
35-24-111. Criteria for approving application; factors enumerated. (a) The director shall not approve an application unless he determines the arrangement is more likely to result in a better overall promotion of the quality of health care, access to health care, a lower cost for health care and the increased availability of a comprehensive health care […]
35-24-112. Final decision; conditions for approval; findings; ongoing supervision and reporting; renewal fees. (a) The director shall issue a written decision approving or disapproving the application. (b) The director may condition approval on a modification of all or part of the proposed arrangement to eliminate any restriction on competition that is not reasonably related to […]
35-24-113. Judicial review. After the director has rendered a decision under W.S. 35-24-112 and in accordance with W.S. 16-3-114, the applicant or any other aggrieved party may request judicial review of the director’s decision by filing a petition for review within thirty (30) days in accordance with the Wyoming Administrative Procedure Act. A determination under […]
35-24-114. Ongoing supervision following application approval; procedures; solicitation of public comment on arrangement impacts. (a) The director shall appropriately supervise, monitor and regulate approved arrangements consistent with subsection (b) of this section. (b) The decision approving the application shall specify a time schedule for the submission of data by the applicant, which shall be at […]
35-24-115. Revocation of approval; conditions; notice; public comment; hearing; revocation alternatives specified; liability of applicant. (a) Subject to subsection (d) of this section, the director shall revoke his initial approval of an application if the arrangement: (i) Is not in substantial compliance with the terms of the application; (ii) Is not in substantial compliance with […]
35-24-116. Application of insurance code. Nothing in this chapter shall relieve an applicant or recipient of an exception under this chapter from applicable provisions of the Wyoming Insurance Code.
