This text of Wyoming § 35-24-115 (Revocation of approval; conditions; notice;
public comment; hearing; revocation alternatives specified;
liability of applicant) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(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 the
conditions of approval;
(iii)Has not and is not likely to substantially
achieve improvements in cost, access or quality or the promotion
of a comprehensive health care system in the state as identified
in the initial decision as the basis for approval of the
arrangement; or
(iv)Is not promoting reductions in cost and
improvements in access and quality to the extent competition
would do so due to changing conditions in the marketplace.
Revocation under this paragraph shall be identified in writing
by the director together with reasons therefo
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(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 the
conditions of approval;
(iii) Has not and is not likely to substantially
achieve improvements in cost, access or quality or the promotion
of a comprehensive health care system in the state as identified
in the initial decision as the basis for approval of the
arrangement; or
(iv) Is not promoting reductions in cost and
improvements in access and quality to the extent competition
would do so due to changing conditions in the marketplace.
Revocation under this paragraph shall be identified in writing
by the director together with reasons therefor.
(b) The director shall initiate a proceeding to revoke
approval by providing written notice to the applicant describing
in detail the basis for the proposed revocation. Notice of the
proceeding shall be published and provided to all interested
parties in the manner and time specified under W.S.
35-24-104(b), which shall request the submission of comments to
the director.
(c) A proceeding to revoke an approval shall be conducted
as a contested case proceeding upon the written request of the
applicant. The attorney general may appear as a party. The
contested hearing shall be conducted in the manner prescribed by
W.S. 35-24-110. Decisions of the director in a proceeding to
revoke approval are subject to judicial review in accordance
with W.S. 16-3-114.
(d) In deciding whether to revoke an approval, the
director shall consider the hardship the revocation may impose
on the applicant and any potential disruption of the market as a
whole. The director shall also consider based upon a
demonstration by the applicant, if the arrangement can be
modified, restructured or regulated in a manner to remedy the
problem upon which the revocation proceeding is based. Before
approving an alternative to revocation that involves modifying
or restructuring an arrangement, the director shall publish
notice stating that any person may comment on the proposed
modification or restructuring within twenty (20) days after
publication of the notice. The director shall not approve any
modification or restructuring until the comment period has
concluded. An approved modified or restructured arrangement is
subject to appropriate supervision in the manner provided under
W.S. 35-24-114.
(e) An applicant that has had its approval revoked is not
required to terminate the arrangement. The applicant cannot be
held liable under state or federal antitrust law for acts that
occurred while the approval was in effect, except to the extent
the applicant failed to substantially comply with terms of its
application or failed to substantially comply with terms of the
approval. The applicant is subject to state and federal
antitrust law after the revocation becomes effective and may be
held liable for acts that occur after the revocation.