Ch. 1, § 5. Award or Denial of Health Care Innovation Account Funding

(a) At the close of the open call period established by the Department, the Department shall convene a review committee to evaluate each complete and timely-submitted application that has been submitted pursuant to Section 4 of this Chapter. The review committee must be comprised of at least three Department officials or employees, who possess relevant subject matter expertise and no conflict of interest. (b) The review committee shall evaluate each application packet based on the criteria established under Section 4 of this Chapter. The committee may request additional information from the applicant or from outside experts as needed to evaluate the application. (c) Based on the review committee's evaluation, the review committee shall recommend the Director to either approve or deny an application for funding. (d) After receipt of the review committee's recommendations for all evaluated applications submitted during the open call period, the Director shall either approve or deny each application for funding. The Director shall base the decision on the review committee's recommendation and availability of funds. (i) If the Director approves an application, the Department and applicant shall execute an agreement pursuant to W.S. 9-2-128. If an agreement cannot be reached or the Attorney General does not approve of the agreement, the Director's approval of health care innovation account funding is deemed revoked. (ii) If the Director denies an application, the applicant is not entitled to request a contested case proceeding pursuant to the Wyoming Administrative Procedure Act, W.S. 16-3-101 to -115. (e) Prior to entering into an agreement with an applicant, the Department may require an applicant's innovative study to undergo Investigational Review Board ("IRB") review pursuant to federal law or Department policy, as relevant, including 45 CFR part 46 (the "Common Rule") and Wyoming Department of Health, Institutional Review Board, Policy and Procedures (2005), available at: https://health.wyo.gov/‌admin/irb/wdhirbguidelines/. If the Department requires IRB review and the innovative study does not receive approval from the IRB, the Director's approval of the applicant's application for health care innovation account funding is deemed revoked.