§ 9-2-106 — Duties and powers of director of department

Wyoming § 9-2-106

• Jurisdiction: Wyoming
• Title 09: Administration of the Government
• Ch. 2: AGENCIES, BOARDS, COMMISSIONS AND DEPARTMENTS
• Art. 1: DEPARTMENT OF HEALTH

Text

(a) The director shall:
(i) Consult with the departmental advisory council
and establish general policy to be followed in the department in
administering programs;
(ii) Disburse and administer all federal funds or
other monies allotted to the department;
(iii) Prescribe by rule, order or regulation the
conditions under which these monies shall be disbursed and
administered;
(iv) Enter into agreements, not inconsistent with the
laws of this state, required as conditions precedent to
receiving funds or other assistance. Funds appropriated by the
legislature for operation of the department shall be used for
the specified purposes only, and the director, in accepting
funds from any other source, shall not consent to impairment of
the department's statutory responsibilities;
(v) Hold hearings, administer oaths, subpoena
witnesses and take testimony as provided by the Wyoming
Administrative Procedure Act in all matters relating to the
exercise and performance of the powers and duties vested in the
department;
(vi) With the assistance of the attorney general
bring actions in the courts of the state in the name of the
department for the enforcement of public health, mental health
and medical services laws; and
(vii) Ensure that the department and all of its
divisions promulgate reasonable rules and regulations, after
consultation with the departmental advisory council and in
compliance with the Wyoming Administrative Procedure Act, for
the implementation of all state and federal public health,
mental health and medical services laws. When promulgating such
rules and regulations the director shall assure that the
department uses language which focuses on the importance of a
person, rather than a person's disability.
(b) Notwithstanding paragraph (a)(iv) of this section, the
director may use funds appropriated by the legislature for the
operation of the department to pay health or medical insurance
premiums for any resident of Wyoming upon a determination by the
director or his designee that:
(i) Due to an injury or illness, the person or his
family is or may become unable to pay health or medical
insurance premiums;
(ii) The person is or may become eligible for medical
services which would be paid for by the state; and
(iii) Payment of the premiums may be less expensive
for the state than payment of the medical services.
(c) Health or medical insurance premiums paid for in
accordance with subsection (b) of this section shall be reviewed
periodically to ensure payment of the premiums does not exceed
the cost for provision of medical services. The authority
granted under subsection (b) of this section shall terminate
effective June 30, 1996.
(d) The director may authorize the Wyoming life resource
center, the Wyoming state hospital, the Wyoming pioneer home,
the veterans' home of Wyoming, the Wyoming retirement center and
the Wyoming veterans' skilled nursing facility to provide
services to persons with conditions other than those specified
in the provisions governing those state institutions in title 25
of the Wyoming statutes when the director determines that there
is a need for such services, that the services can be provided
effectively by the institution, that the services shall be
delivered in a manner that assures the safety of all individuals
served by the institution and the services provided are
statutorily authorized for any of these institutions, the
service needs are similar to those authorized for any of these
institutions or the services are necessary to protect the public
health and safety. The director shall promulgate rules and
regulations and policies and procedures necessary to implement
this subsection. Nothing in this subsection shall be construed
to authorize the director to eliminate services that are
otherwise required by statute.