Title 35, Title 35 — Public Health And Safety

Short title. This act may be cited as the "Wyoming Health Care Decisions Act."

Definitions. (a) As used in this act: (i) "Advance health care directive" means an individual instruction or a power of attorney for health care, or both; (ii) "Agent" means an individual designated in a power of attorney for health care to make a health care decision for the ind…

Advance health care directives. (a) An adult or emancipated minor may give an individual instruction. The instruction may be oral or written. The instruction may be limited to take effect only if a specified condition arises. (b) An adult or emancipated minor may execute a power …

Revocation of advance health care directive. (a) An individual with capacity may revoke the designation of an agent only by a signed writing. (b) An individual with capacity may revoke all or part of an advance health care directive, other than the designation of an agent, at any…

Decisions by surrogate. (a) If a valid advance health care directive does not exist, a surrogate may make a health care decision for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician or the primary health care provider to l…

Decisions by guardian. (a) Repealed By Laws 2007, Ch. 61, § 2. (b) Absent a court order to the contrary, a health care decision of an agent takes precedence over that of a guardian. (c) Repealed By Laws 2007, Ch. 61, § 2. (d) Repealed By Laws 2007, Ch. 61, § 2. (e) A guardian's a…

Obligations of health care provider. (a) Before implementing a health care decision made for a patient who is able to comprehend, a primary health care provider shall promptly communicate to the patient the decision made and may communicate the identity of the person making the d…

Health care information. Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any othe…

Immunities. (a) A health care provider or institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or to discipline for: (i) Complying with …

Statutory damages. (a) A health care provider or institution that violates this act willfully or with reckless disregard of the patient's instruction or health care decision is subject to liability to the aggrieved individual for damages of five hundred dollars ($500.00) or actua…

Capacity. (a) This act does not affect the right of an individual to make health care decisions while having capacity to do so. (b) An individual is presumed to have capacity to make a health care decision, to give or revoke an advance health care directive, and to designate or d…

Effect of copy. A copy of a written advance health care directive, revocation of an advance health care directive, or designation or disqualification of a surrogate has the same effect as the original.

Effect of act. (a) This act does not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health care directive. (b) Death resulting from the withholding or withdrawal of health care in accordance with this act does not for…

Judicial relief. On petition of a patient, the patient's agent, guardian or surrogate, a health care provider or institution involved with the patient's care, or an individual described in W.S. 35-22-406(b) or (c) the district court may enjoin or direct a health care decision or …

Uniformity of application and construction. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject matter of this act among states enacting it.

Short title. This article shall be known and may be cited as the "Provider Orders for Life Sustaining Treatment Program Act."

POLST program. (a) The provider orders for life sustaining treatment (POLST) program is a process of evaluation and communication between a patient, or the patient's agent, guardian or surrogate, and health care professionals in order to: (i) Ensure that health care providers und…

POLST form; who may execute. (a) Any adult who has the capacity to provide informed consent to, or refusal of, medical treatment may execute a POLST form. (b) Any adult authorized pursuant to the laws of this state or any other state to make medical treatment decisions on behalf …

POLST forms; department of health duties. (a) The department of health shall promulgate rules implementing this act and prescribing a standardized POLST form, subject to the following: (i) The rules shall contain protocols for the implementation of a standardized POLST form, whic…

Duty to comply with POLST form; immunity, effect on criminal charges against another person. (a) Emergency medical service personnel, health care providers and health care facilities, absent actual notice of revocation or termination of a POLST form, shall comply with the orders …

POLST form not a prerequisite for services. Facilities or providers shall not require a person to complete a POLST form as a prerequisite or condition for the provision of services or treatment.

Presence or absence of POLST form; effect on life or health insurance. An individual's execution of or refusal or failure to execute a POLST form shall not affect, impair or modify any contract of life or health insurance or annuity to which the individual is a party, shall not b…

Revocation of POLST form. (a) An individual's consent to all or part of a POLST form may be revoked at any time and in any manner that communicates the individual's intent to revoke. Any oral revocation shall, as soon as possible after the revocation, be documented in a writing s…

Effect of act on euthanasia; mercy killing; construction of statute. Nothing is this article shall be construed as condoning, authorizing or approving euthanasia or mercy killing. In addition, the legislature does not intend that this article be construed as permitting any affirm…

Sunset. W.S. 35-23-101 through 35-23-105 are repealed effective June 30, 1996.

State health professional training enhancement program. (a) The department is authorized to provide education training opportunities for persons engaged in the health care professions who provide direct client care. The department may enter into agreements with individuals enteri…

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 historica…

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 heal…

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, wi…

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) …

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 t…

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 n…

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 speci…

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 c…

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…

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…

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…

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 …

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 acco…

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 appro…

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 substa…

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.

Uninsured child health insurance program. There is created a child health insurance program for families with a gross monthly income at or below one hundred eighty-five percent (185%) of the federal poverty level, until July 1, 2005, and thereafter, for families with a gross mont…

Definitions. (a) As used in this act: (i) "Child" means a person who has not yet reached the nineteenth anniversary of his birth; (ii) "Department" means the department of health; (iii) "Federal poverty level" means the federal poverty guideline updated annually in the federal re…

Child health insurance program eligibility; services by department or private health insurance. (a) Subject to approval of the state plan by the United States secretary of health and human services, and subject to available state and federal funding the department shall provide a…

Program benefits. (a) A child eligible for services under this act shall receive benefits developed by the department as allowed by 42 U.S.C. 1397cc et seq. and that include: (i) Cost sharing factors, not to exceed the maximum allowable under 42 U.S.C. 1397aa et seq.; (ii) Exclus…