Vermont State Register

These proposed rules amend Parts 1-5 and 7 of the 8-part Health Benefits Eligibility and Enrollment (HBEE) rule. Parts 1, 4, and 5 were last amended effective January 1, 2024. Parts 2, 3, and 7 were last amended effective January 1, 2025. Substantive revisions include: adding coverage of pre-release services for up to 90 days before release for sentenced, incarcerated individuals enrolled in Medicaid; using the Low Income Subsidy (LIS) family size definition for Medicare Savings Program (MSP) eligibility determinations; raising the income limit for Qualified Medicare Beneficiaries from 100 to 145 of the Federal Poverty Level (FPL) and Qualifying Individuals 135 to 195 FPL; changing the household composition for the Access Plan; modifying noticing requirements for eligibility verifications; providing earlier Qualified Health Plan (QHP) effective dates for special enrollment periods and voluntary terminations.

The purpose of the rule is to provide the requirements for the safe and sanitary manufacturing, packing, holding, and distributing of human food offered for sale in Vermont. This rulemaking does the following: 1) Defines cottage food operation, cottage food operator, and cottage food product; 2) Substitutes the more narrow bakery product exemption for a broader exemption categorized as the cottage food exemption and raises the exemption threshold of gross annual sales to $30,000; 3) Amends the existing exemption filing requirement frequency from prior to operation to an annual filing; 4) Creates a required annual training for license-exempt food manufacturers; and 5) Creates a process for cottage food operators to submit requests to the Department for determination whether the product they are making is a cottage food.

The primary focus of these rules is to update the currently adopted 2021 International Plumbing Code to the 2024 edition. The 2024 International Plumbing Code and updated rules will allow for more current methods and materials to be utilized. Rules are amended to clarify intent of the code and answer frequently asked questions. Some of the new changes include gender neutral/multi user restroom provisions, a clarification of specialist license fields, new definitions, additional clarifications and terminology.

The Proposed 2023 Vermont Electrical Safety Rules (VESR) will update the technical codes and standards, including the adoption of the 2023 edition of the National Electrical Code (NEC) also known as the National Fire Protection Association (NFPA) 70. This will better coordinate the license examination with the state apprenticeship program, establish an expiration date for a permit and a process for refunding permit fees. These rules also provide requirements for filing an electrical work notice, inspection and energizing procedures, details powers of enforcement and licensing disciplinary procedure.

The 2025 Vermont Fire & Building Safety Code establishes the minimum standards to protect the public from the risks of fire, explosion, hazardous materials, dangerous structural conditions and carbon monoxide poisoning within public buildings. These amended rules provide updates and incorporate more recent editions of the same national codes and standards that are currently adopted. These rules include requirements for the addition of carbon monoxide detection in some occupancies, protection of lithium ion batteries, building energy storage systems, escape window clarifications, sprinkler system requirement modifications, and the inclusion of grab bars to prevent slips and falls. These amendments are also intended to provide clarity of the intent of currently adopted codes and standards and to incorporate existing interim operational guidance.

It is not uncommon for designated home health agencies, despite their best efforts to recruit and retain staff, to lack the necessary staffing to provide designated services, as currently defined, to all individuals who are referred. The severe workforce shortage of personal care attendants prevents home health agencies from complying with the requirement to serve all individuals on Choices for Care who are referred for services. As a result, most agencies are operating under a variance to this requirement. The proposed rule would remove Choices for Care services, including personal care, respite, companionship, and homemaker services, which are not "home health services," from the Rule's definition of "designated services," to ensure that agencies are not held responsible for providing services that they frequently lack staffing to provide, while allowing them to continue to provide these services when they do have sufficient staff. The proposed rule makes other technical changes for clarity.

The changes to this rule consist of updates to current language and references. The changes proposed do not significantly affect the intent of the rule or current practice.

he changes to this rule consist of updates to current language and references. The changes proposed do not significantly affect the intent of the rule or current practice.

The changes to this rule consist of updates to reflect current organizational structure and better align with current practice. The changes proposed do not significantly affect the authority or delegation of this authority, the intent of the rule or current practice.

The Insurance Holding Company Systems Rule sets out the rules and procedural requirements necessary to carry out 8 V.S.A. Chapter 101, Subchapter 13, which establishes regulatory requirements governing registration, acquisitions and other transactions, and solvency of insurance holding company systems as a whole (and not limited to insurance companies within the system). The update is necessary to bring the rule into compliance with 8 V.S.A. §§ 3681, 3684, and 3685 as modified by Act 110 (H.659) of 2024. The revisions to the rule are intended to provide regulators with more transparency regarding insurance holding company systems as a whole and to make risks and solvency concerns within the system easier to identify. Changes to the rule clarify some of the statutory exemptions to filing requirements and required terms in agreements for cost sharing and management services. Other changes are for clarity and to simplify the process for filing certain documents.

This Health Care Administrative rule sets forth the criteria for Medicaid coverage and reimbursement of mental health services provided under supervised billing in Vermont. The amendment of this rule updates the language to remove non-eligible provider types, updates the supervised billing structure, aligns the program with best practice, and clarifies policy and program requirements.

This amendment to the Employment Security Board Rules implements provisions of recent legislation regarding unemployment insurance; specifically, unemployment benefit overpayments. The amended rule adds a procedure to apply for waiver of repayment of overpaid unemployment benefits where the individual is not at fault for the overpayment, and where ordering repayment would be contrary to equity and good conscience. The amended rule adds definitions for "fault" and "contrary to equity and good conscience" and outlines the application process; notice requirements; determinations on applications; and appellate procedure.

The proposed rule amendments include substantive changes to the current deer management rule including establishing expanded archery zones, moving youth weekend back to the weekend before the regular season, reinstating the antler point restriction in Wildlife Management Unit (WMU) D1, allowing antlerless permits to be used during the regular season, removing the archery season closure during the regular season, allowing hunters to hold two antlerless permits in different WMUs, and allowing hunters to take a conditional second buck.

The proposed rule amendments include technical and substantive changes, including updated langauge related to moose permit allocation through the auction to bring the rule language in compliance with statute, the creation of a Special Opportunity Season concurrent with the current archery season to allow Special Opportunity permit holders to hunt with a gun during this time period, the extension of the regular season from six to nine days, and technical changes for consistency and clarity.

The proposed rule amendments extend the fall archery season to begin on October 1, and extend until the Friday prior to the regular deer season. The rule also makes technical corrections to clarify the type of license required during each turkey season.

The proposed rule change is a minor amendment amending every reference to "deer and elk" to "cervids."

The proposed rule amendments allow for the use of larger minnow traps, allow for the transportation of personally-harvested baitfish between non-restricted waters within the same zone, modifies the requirements for personally harvested baitfish on seasonally closed waters, modifies the use of personally-harvested fish eggs for use in the same water in which they were harvested, and eliminates the administrative requirements that commercial bait sellers keep carbon copies of receipts.

The Board proposes to strike in its entirety 10 V.S.A App. § 124, which declares the Valley Brook tributary to Seymour Lake in Orleans County a spawning ground, closed annually for the taking of fish from October 1 through October 31.

The proposed rule language imposes a new requirement that any person selling fish in the State possess a valid Vermont fishing license and a Fish Seller's endorsement issued by the Fish and Wildlife Department (FWD). It also requires that anyone with a Fish Seller's endorsement submit quarterly reports to FWD reporting data on fish sold. Finally, the Rule proposes to ban the sale and purchase of black and white crappie caught in Vermont.

The proposed rule amendments add Mud Pond to the list of seasonally closed waters; create a state-aggregate daily bag limit for all panfish on inland waters; add a segment of the Deerfield River to the list of Trophy Trout streams; increases minimum length and reduces daily bag limit of Lake Trout on Memphremagog; consolidates Bullhead requirements under Panfish requirements and amends bag limits accordingly; adds panfish bag limits for Berlin and Stiles Ponds; extends the closure season for trout spawning grounds; and adds certain waters to the list of closed seasonal spawning grounds.

Following the passage of Act 127 in 2024, the Department of Financial Regulation was directed to adopt rules to establish the licensing application, financial and reporting requirements for PBMs. Pharmacy Benefit Managers (PBMs) are intermediaries between health insurance companies and drug manufacturers. They negotiate prescription drug prices with manufacturers and separately, they negotiate the reimbursement payable to pharmacies to dispense the drugs.

This is a comprehensive update to rules governing adult-use cannabis establishments and the medical cannabis system. Amendments to Rule 1 streamline renewal; establish siting requirements for retailers; simplify license changes; provide for tier changes based on performance; require deposit accounts; increase flexibility to address past misconduct by applicants; and retire a cumbersome system of prequalification. Amendments to Rule 2 clarify safety standards and allowable use of the Inventory Tracking System; prohibit consignment; standardize transport manifests; disallow illusory brands; standardize warning symbols; provide for product remediation; provide for curbside transactions; implement propagation cultivator licensing; integrate hemp-derived additives; and prohibit cannabinoids in beverage alcohol. Amendments to Rule 3 provide for retailer medical endorsements and raise standards for medical products. Amendments to Rule 4 create a process for orders concerning adulterated products.

This is a comprehensive update to rules governing adult-use cannabis establishments and the medical cannabis system. Amendments to Rule 1 streamline renewal; establish siting requirements for retailers; simplify license changes; provide for tier changes based on performance; require deposit accounts; increase flexibility to address past misconduct by applicants; and retire a cumbersome system of prequalification. Amendments to Rule 2 clarify safety standards and allowable use of the Inventory Tracking System; prohibit consignment; standardize transport manifests; disallow illusory brands; standardize warning symbols; provide for product remediation; provide for curbside transactions; implement propagation cultivator licensing; integrate hemp-derived additives; and prohibit cannabinoids in beverage alcohol. Amendments to Rule 3 provide for retailer medical endorsements and raise standards for medical products. Amendments to Rule 4 create a process for orders concerning adulterated products.

This is a comprehensive update to rules governing adult-use cannabis establishments and the medical cannabis system. Amendments to Rule 1 streamline renewal; establish siting requirements for retailers; simplify license changes; provide for tier changes based on performance; require deposit accounts; increase flexibility to address past misconduct by applicants; and retire a cumbersome system of prequalification. Amendments to Rule 2 clarify safety standards and allowable use of the Inventory Tracking System; prohibit consignment; standardize transport manifests; disallow illusory brands; standardize warning symbols; provide for product remediation; provide for curbside transactions; implement propagation cultivator licensing; integrate hemp-derived additives; and prohibit cannabinoids in beverage alcohol. Amendments to Rule 3 provide for retailer medical endorsements and raise standards for medical products. Amendments to Rule 4 create a process for orders concerning adulterated products.

This is a comprehensive update to rules governing adult-use cannabis establishments and the medical cannabis system. Amendments to Rule 1 streamline renewal; establish siting requirements for retailers; simplify license changes; provide for tier changes based on performance; require deposit accounts; increase flexibility to address past misconduct by applicants; and retire a cumbersome system of prequalification. Amendments to Rule 2 clarify safety standards and allowable use of the Inventory Tracking System; prohibit consignment; standardize transport manifests; disallow illusory brands; standardize warning symbols; provide for product remediation; provide for curbside transactions; implement propagation cultivator licensing; integrate hemp-derived additives; and prohibit cannabinoids in beverage alcohol. Amendments to Rule 3 provide for retailer medical endorsements and raise standards for medical products. Amendments to Rule 4 create a process for orders concerning adulterated products.

This update reflects changes in pharmacy's legal and practice landscape since 2015 by regulating, among other things: - new types of pharmacy entity, such as virtual distributors and manufacturers, 503B outsourcers, and third-party logistics providers; - the prescribing of opioids; - devices containing prescription drugs; - naloxone dispensing; and - changes to prescriptions for schedule II controlled substances. The rule also reflects statutory changes to pharmacy professionals' scopes of practice, including immunizations, and simplifies the licensing of pharmacy technicians into a single credential instead of the current two-tiered system. The rule creates standards for workplace conditions pharmacy staffing necessary to protect the public. The rule streamlines and narrows the legal duties of Pharmacy Managers, clarifying that licensed pharmacies are themselves responsible for compliance with the Rules.

The rule prescribes guidelines for distinguishing between “primary” and “specialty” mental health and substance abuse services. This revision designates interprofessional consulting and peer support services as "primary" mental health and substance abuse services and makes technical and stylistic changes to the rule.

The proposed rulemaking outlines Vermont Medicaid's obligations according to federal law in establishing, managing, and upholding an incident management system designed to safeguard the well-being of individuals enrolled in home and community-based services sanctioned under the Global Commitment to Health Waiver. The proposed rulemaking aligns with the federal law stipulating the essential components of such a system, which includes the identification, reporting, prioritization, investigation, resolution, tracking, and analysis of critical incidents.

This proposed rulemaking aligns with federal regulation for person-centered planning in delivering home and community-based services under the Global Commitment to Health Waiver, approved by CMS. The proposed rule establishes the requirements for the planning process, service plans, annual reviews, and the required documentation for modifications to the additional qualities of a home and community-based setting.

In 2024, EPA promulgated new PFAS regulations, including Maximum Contaminant Levels. States are required to implement these new standards into State regulation and be no less stringent. This rule incorporates the federal regulation but expedites the timeline due to our existing PFAS data and regulation. This will ensure systems in need of PFAS treatment seek and install such treatment while federal funding remains available, through 2027. It also updates state technical standards for PFAS treatment. We are also seeking updates to the regulation of bottled water in Vermont. EPA also promulgated updated regulations pertaining to Consumer Confidence Reports, a form of public notice providing essential information to be conveyed annually to water systems users. This state rule revision will incorporate those federal changes as well.