Title 42, Title 42 — Welfare
12 chapters · 135 sections in this title.
W.S. § 42-1-101 Definitions; generally
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Definitions; generally. (a) As used in this title: (i) "Applicant" means any person applying for benefits under programs provided pursuant to this title; (ii) "Department" means the department of family services unless otherwise specified; (iii) Repealed by Laws 1991, ch. 161, § …
W.S. § 42-1-102 Conflict with federal laws
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Conflict with federal laws. (a) If any provision of this title or W.S. 14-2-1001 through 14-2-1008 is found to be in conflict with federal law or to come in conflict with federal law due to new federal enactments, the department shall: (i) Follow the state rather than the federal…
W.S. § 42-2-101 Short title
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Short title. This article may be cited as the "Wyoming Public Assistance and Social Services Act".
W.S. § 42-2-102 Definitions
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Definitions. (a) Except as otherwise specifically provided, as used in this article: (i) "Commodities" means foods donated or available for donation by the department; (ii) "Coupon" means any coupon, stamp or other type of certificate provided for the purchase of eligible food as…
W.S. § 42-2-103 Provision of assistance and services; duties of department; burial assistance; department of health state supplemental security income program
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Provision of assistance and services; duties of department; burial assistance; department of health state supplemental security income program. (a) The department shall provide and administer programs for public assistance and social services in Wyoming to those individuals lacki…
W.S. § 42-2-104 Personal opportunities with employment responsibilities; provision; eligibility; unemployed parent program
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Personal opportunities with employment responsibilities; provision; eligibility; unemployed parent program. (a) The department may through the personal opportunities with employment responsibilities (POWER) program provide financial assistance for a dependent child and an eligibl…
W.S. § 42-2-105 Application for assistance and services; investigation of applicant
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Application for assistance and services; investigation of applicant. (a) An individual or other person on his behalf may apply in writing for public assistance and social services under this article to the field office of the department located within the county or region in whic…
W.S. § 42-2-106 Approval or disapproval of application; notification of applicant; amount and form of assistance and services
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Approval or disapproval of application; notification of applicant; amount and form of assistance and services. (a) Based upon the eligibility of an applicant, the department shall approve or disapprove each application for public assistance or social services filed with its field…
W.S. § 42-2-107 Payment of assistance; custodian for incompetent recipients
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Payment of assistance; custodian for incompetent recipients. (a) Public assistance and social services approved under this article: (i) May be provided in the form of a performance payment or other financial assistance, in the home of the applicant, in an institution or in any ot…
W.S. § 42-2-108 Continuous assistance to recipient changing residence to another county; assistance provided to nonresidents; termination upon leaving state
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Continuous assistance to recipient changing residence to another county; assistance provided to nonresidents; termination upon leaving state. (a) The department shall provide for the continuous and uninterrupted receipt of approved public assistance and social services by any eli…
W.S. § 42-2-109 Review of assistance and services; termination or modification; notice to department of change in assets
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Review of assistance and services; termination or modification; notice to department of change in assets. (a) Public assistance and social services provided under this article shall be reviewed at least once each year, except for recipients enrolled in an approved educational pro…
W.S. § 42-2-110 Administrative and judicial review
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Administrative and judicial review. (a) An applicant or recipient whose application is not acted upon within a reasonable time following the date of application or who is aggrieved by any determination for the provision, amount, modification or termination of public assistance an…
W.S. § 42-2-111 Prohibited disclosure and use of records; penalty; judicial discovery
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Prohibited disclosure and use of records; penalty; judicial discovery. (a) Except as provided in this section, no person shall disclose, receive, use or knowingly permit or participate in the use of any information derived from records maintained pursuant to law or acquired in th…
W.S. § 42-2-112 Misrepresentation; penalties; recovery, termination or modification of assistance and services
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Misrepresentation; penalties; recovery, termination or modification of assistance and services. (a) No person shall knowingly make a false statement or misrepresentation, fail to disclose a material fact, aid, abet or conspire with any other person in obtaining any form of supple…
W.S. § 42-2-113 Assignment or transfer of assistance and services; exemption from legal process
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Assignment or transfer of assistance and services; exemption from legal process. (a) Any assignment or transfer of public assistance and social services provided under this article is void. (b) Except as authorized under W.S. 42-2-112(m), public assistance and social services pro…
W.S. § 42-2-114 Reimbursement of federal government
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Reimbursement of federal government. The department shall reimburse the federal government as required by federal law.
W.S. § 42-2-115 Supplemental nutrition assistance program eligibility recertification frequency
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Supplemental nutrition assistance program eligibility recertification frequency. Note: this section is effective as of 1/1/2027. (a) The department shall assign certification periods of not greater than four (4) months to households that include an able bodied adult without depen…
W.S. § 42-2-201 Definitions
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Definitions. (a) As used in this article: (i) "Program" means the employment and training program created under this article; (ii) "Support services" includes transportation, child care and other services necessary to enable participants in the program to participate without hard…
W.S. § 42-2-202 Participation required; exemptions; disqualification of benefits
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Participation required; exemptions; disqualification of benefits. (a) If available within the county of his residence, any person receiving benefits from the department under the supplemental nutrition assistance or personal opportunities with employment responsibilities (POWER) …
W.S. § 42-2-203 Establishment of program; powers and duties of division
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Establishment of program; powers and duties of division. (a) The department shall: (i) Establish an employment and training program which shall include job registration and may include job search employment training, work experience and support services; (ii) Establish the progra…
W.S. § 42-2-401 Definitions
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Definitions. (a) For purposes of this article: (i) "Asset", with respect to an individual, means: (A) All income and resources of the individual and of the individual's spouse, including any income or resources to which the individual or his spouse is entitled but does not receiv…
W.S. § 42-2-402 Transfers of assets affecting eligibility; exceptions; disclosures by applicants
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Transfers of assets affecting eligibility; exceptions; disclosures by applicants. (a) If an institutionalized individual or the individual's spouse has disposed of, for less than fair market value, any asset or interest therein within sixty (60) months before or any time after th…
W.S. § 42-2-403 Trust transfers affecting eligibility for medical assistance
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Trust transfers affecting eligibility for medical assistance. (a) For purposes of determining an individual's eligibility for or the amount of benefits under chapter 4 of this title, the rules specified in subsections (d) and (e) of this section shall apply to a trust established…
W.S. § 42-2-404 Determination of transfer of asset
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Determination of transfer of asset. In the case of an asset held by an individual in common with another person in a joint tenancy, tenancy in common or similar arrangement, the asset, or the affected portion of the asset, shall be considered to be transferred by the individual w…
W.S. § 42-2-405 Individuals with substantial home equity; disqualification
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Individuals with substantial home equity; disqualification. (a) An applicant shall not be eligible for long-term care services under this article if the applicant's equity interest in the applicant's home exceeds five hundred thousand dollars ($500,000.00). (b) Beginning on July …
W.S. § 42-2-501 Low income home energy assistance and weatherization program; funding
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Low income home energy assistance and weatherization program; funding. (a) The department shall administer a low income home energy assistance program in accordance with federal P.L. 97-35, as amended. The department shall submit and keep current a state plan and shall administer…
W.S. § 42-3-101 Creation; deposits
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Creation; deposits. (a) The child support and revenue enhancement account is created. (b) The following payments, collections and revenues shall be transmitted to the state treasurer for deposit to the credit of the child support and revenue enhancement account: (i) Child support…
W.S. § 42-3-102 Administration
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Administration. The department shall administer the funds in the child support and revenue enhancement account and report annually to the joint appropriations interim committee and joint judiciary interim committee. The account may be divided into subaccounts for purposes of admi…
W.S. § 42-3-103 Authorized expenditures
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Authorized expenditures. (a) Funds in the child support and revenue enhancement account shall be expended only as authorized by this section. (b) The department may at any time disburse funds in the account for: (i) Payments to support obligees and disbursements required under th…
W.S. § 42-4-101 Short title
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Short title. This chapter may be cited as the "Wyoming Medical Assistance and Services Act". The program and services provided pursuant to this chapter and Title XIX of the federal Social Security Act may be cited as "Medicaid" or the "Medicaid program".
W.S. § 42-4-102 Definitions
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Definitions. (a) As used in this chapter: (i) "Categorically eligible" means any individual in need of medical assistance authorized by the legislature and by Title XIX of the federal Social Security Act to be covered by a state plan for medical assistance and services; (ii) "Med…
W.S. § 42-4-103 Authorized services and supplies
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Authorized services and supplies. (a) Services and supplies authorized for medical assistance under this chapter include: (i) Inpatient hospital services; (ii) Outpatient hospital services; (iii) Laboratory and x-ray services; (iv) Skilled nursing home services; (v) The professio…
W.S. § 42-4-104 Powers and duties of department of health; state Medicaid agent appointed by governor
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Powers and duties of department of health; state Medicaid agent appointed by governor. (a) The department of health shall: (i) Administer this chapter; (ii) Develop a state plan for medical assistance and services provided to qualified recipients under this chapter and otherwise …
W.S. § 42-4-106 Application for assistance; determination of eligibility; assignment of benefits; resources and income allowances defined for institutionalized spouse
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Application for assistance; determination of eligibility; assignment of benefits; resources and income allowances defined for institutionalized spouse. (a) Any Wyoming resident may apply for medical assistance under this chapter by filing an application by telephone, by mail, in …
W.S. § 42-4-107 Uniform application throughout state; discrimination prohibited; pilot projects authorized
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Uniform application throughout state; discrimination prohibited; pilot projects authorized. (a) This chapter and the state plan for medical assistance and services developed under W.S. 42-4-104(a)(ii) shall be uniformly applied within all political subdivisions of the state. (b) …
W.S. § 42-4-108 Administrative hearings
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Administrative hearings. In accordance with the Wyoming Administrative Procedure Act, the department shall provide opportunity for a hearing to any individual denied medical assistance under this chapter or otherwise aggrieved by the administration of this chapter.
W.S. § 42-4-110 Charges for inpatient hospital services
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Charges for inpatient hospital services. A cost deduction, cost sharing or other similar charge shall not be imposed upon any recipient of medical assistance for inpatient hospital services provided on his behalf pursuant to this chapter.
W.S. § 42-4-111 Providing or obtaining assistance by misrepresentation; penalties
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Providing or obtaining assistance by misrepresentation; penalties. (a) Repealed by Laws 2019, ch. 96, § 3. (b) Repealed by Laws 2019, ch. 96, § 3. (c) No person shall knowingly make a false statement or misrepresentation or knowingly fail to disclose a material fact in obtaining …
W.S. § 42-4-112 Confidentiality of records; penalty for disclosure; authorized disclosure
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Confidentiality of records; penalty for disclosure; authorized disclosure. (a) Any application, information and record obtained, compiled and maintained for an applicant or qualified recipient of medical assistance under this chapter is confidential and shall not be disclosed or …
W.S. § 42-4-113 Eligibility criteria; irrevocable burial trusts
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Eligibility criteria; irrevocable burial trusts. (a) The department shall not consider as assets available to an applicant seeking medical assistance the corpus of a Medicaid qualifying trust: (i) That is irrevocable; (ii) In which the trustee and trustor retain no discretion wit…
W.S. § 42-4-114 Cooperative agreements authorized
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Cooperative agreements authorized. The department may enter into a cooperative agreement and may contract with private attorneys to provide legal services and legal representation necessary to assist the department in enforcing its right to reimbursement created under article 2 o…
W.S. § 42-4-115 Work incentives improvement option; purchase of services; eligibility criteria; definition
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Work incentives improvement option; purchase of services; eligibility criteria; definition. (a) The department may amend the state plan for medical assistance and services developed under W.S. 42-4-104(a)(ii) to allow individuals with countable income not to exceed three hundred …
W.S. § 42-4-116 Premium calculation
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Premium calculation. (a) The calculation of premium for services under W.S. 42-4-115 shall be as follows: (i) Determine the total expenses of the Medicaid program for the most recent state fiscal year and the total number of clients in the Medicaid program served in that period; …
W.S. § 42-4-117 End stage renal dialysis program; rulemaking; funding
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End stage renal dialysis program; rulemaking; funding. (a) Effective July 1, 2001, the department shall expand coverage for services authorized under W.S. 42-4-103(a)(xxiii) for qualified individuals in need of end stage renal dialysis to the extent funding is available. (b) The …
W.S. § 42-4-118 Prescription drug assistance program created; eligibility criteria; benefits provided; coverage of medications
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Prescription drug assistance program created; eligibility criteria; benefits provided; coverage of medications. (a) There is created a prescription drug assistance program to assist residents of the state. The program shall be a state funded program to provide prescription drug a…
W.S. § 42-4-119 Pharmacy plus program; eligibility criteria; rulemaking; termination of program
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Pharmacy plus program; eligibility criteria; rulemaking; termination of program. (a) The department may apply for a demonstration waiver under section 1115 of the federal Social Security Act to allow individuals with income or assets in excess of limits generally established in t…
W.S. § 42-4-120 Contracts for waiver services; authority of department; emergency case services; cost based payments; training and certification of specialists
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Contracts for waiver services; authority of department; emergency case services; cost based payments; training and certification of specialists. (a) The department is authorized to enter into contracts with providers of services under a federal home and community based waiver and…
W.S. § 42-4-121 Program of all-inclusive care for the elderly
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Program of all-inclusive care for the elderly. (a) The department, as an optional services program of the Medicaid program, may develop and implement a program of all- inclusive care for the elderly (PACE) in accordance with section 4802 of the Balanced Budget Act of 1997, P.L. 1…
W.S. § 42-4-122 Cooperation with paternity determination
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Cooperation with paternity determination. (a) Except as otherwise provided in subsection (b) of this section, as a condition of eligibility, or continuing eligibility, for medical assistance under this chapter, a person who receives medical assistance shall cooperate in good fait…
W.S. § 42-4-124 Clubhouse rehabilitation services
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Clubhouse rehabilitation services. (a) The director of the department shall include reimbursement for clubhouse rehabilitation services within the Medicaid program. (b) Within the limits of available funding, the department may enter into contracts with certified clubhouse provid…