§ 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 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 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 funded services under this
act;
(iii) Establish payment policies for state funded
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;
(iii) Establish payment policies for state funded
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(iv) Repealed by Laws 2021, ch. 79, § 2.
(v) Repealed by Laws 2021, ch. 79, § 2.
(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(vii) Repealed by Laws 2021, ch. 79, § 2.
(viii) Repealed by Laws 2021, ch. 79, § 2.
(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:
(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 may 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 service needs as demonstrated by the behavioral
health center;
(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 may 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 service needs as demonstrated by the behavioral
health center;
(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;
(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.
(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.