Title 33, Title 33: Human Services

§ 1901d. State Health Care Resources Fund (a) The State Health Care Resources Fund is established in the State Treasury as a special fund to be a source of financing for health care coverage for beneficiaries of the State health care assistance programs under the Global Commitmen…

§ 1901e. Global Commitment Fund (a) The Global Commitment Fund is created in the Treasury as a special fund. The Fund shall consist of the revenues received by the Treasurer as payment of the actuarially certified premium from the Agency of Human Services to the managed care orga…

§ 1901f. Medicaid program enrollment and expenditure reports By March 1, June 1, September 1, and December 1 of each year, the Commissioner of Vermont Health Access or designee shall submit to the General Assembly a quarterly report on enrollment and total expenditures by Medicai…

§ 1901g. Medicaid coverage for home telemonitoring services (a) The Agency of Human Services shall provide Medicaid coverage for home telemonitoring services performed by home health agencies or other qualified providers as defined by the Agency of Human Services for Medicaid ben…

§ 1901j. Medicaid reimbursement for long-acting reversible contraceptives (a) As used in this section, “health care provider” has the same meaning as in 18 V.S.A. § 9402. (b) The Department of Vermont Health Access shall reimburse health care providers for the full cost of a devi…

§ 1901k. Medicaid coverage for hearing aids and audiology services Vermont Medicaid shall provide coverage for medically necessary hearing aids and audiology services when delivered by a health care professional practicing within the scope of the professional’s license, including…

§ 1901l. Medication for opioid use disorder (a) The Agency of Human Services shall provide coverage to Medicaid beneficiaries for medically necessary medication for opioid use disorder when prescribed by a health care professional practicing within the scope of the professional’s…

§ 1901m. Reimbursement for emergency medical services (a) To the extent permitted under federal law or waivers of federal law, the Agency of Human Services shall reimburse a provider of emergency medical services for delivering emergency medical services to a Medicaid beneficiary…

§ 1901n. High-intensity residential treatment for substance use disorder and co-occurring mental conditions (a) The Agency of Human Services shall provide coverage for medically necessary high-intensity, medically monitored residential treatment episodes to Medicaid beneficiaries…

§ 1901o. Low-intensity residential treatment for substance use disorder and co-occurring mental conditions (a) The Agency of Human Services shall provide coverage for medically necessary low-intensity, clinically managed residential treatment episodes to Medicaid beneficiaries wi…

§ 1901p. Medicaid coverage for doula services [Effective on later of July 1, 2026 or approval of state plan amendment] (a) As used in this section, “certified community-based perinatal doula” means a community-based perinatal doula who holds a certificate issued pursuant to 26 V.…

§ 1902. Qualification for medical assistance (a) In determining whether a person is medically indigent, the Secretary of Human Services shall prescribe and use an income standard and requirements for eligibility that will permit the receipt of federal matching funds under Title X…

§ 1902a. Confidentiality of Medicaid applications and records; disclosure to authorized representative (a) All applications submitted and records created under the authority of this chapter concerning any applicant for or recipient of Medicaid are confidential and shall be made a…

§ 1903. Contract authorized (a) The Commissioner of Vermont Health Access may contract with a private organization to operate, under his or her control and supervision, parts of the medical assistance program. (b) The contract shall provide that either party may cancel it upon re…

§ 1903a. Care management program (a) The Commissioner of Vermont Health Access shall coordinate with the Director of the Blueprint for Health to provide chronic care management through the Blueprint and, as appropriate, create an additional level of care coordination for individu…

§ 1905. Disproportionate share program The Secretary of Human Services shall adopt a disproportionate share program for hospitals consistent with the requirements of Title XIX of the Social Security Act. (Added 1991, No. 253 (Adj. Sess.), § 10.)

§ 1905a. Medicaid reimbursements to certain outpatient providers (a) To the extent permitted under federal law, the Department of Vermont Health Access shall not use provider-based billing for outpatient medical services provided at an off-campus outpatient department of a hospit…

§ 1906. Recoupment of amounts spent on child medical care (a) The State Medicaid agency, any State agency administering health benefits or a health benefit plan for which Medicaid is a source of funding, or the Office of Child Support may recoup the amounts paid by the State for …

§ 1906a. Recovery against estate; homestead exemptions No recovery of medical expenses shall be made under this subchapter against a homestead, provided that the homestead would pass to one or more lineal heirs or siblings of the decedent who either have income below 300 percent …

§ 1907. Subrogation To the extent that payment for covered expenses has been made under the Medicaid program or through any State agency administering health benefits or a health benefit plan for which Medicaid is a source of funding for health care items or services furnished to…

§ 1908. Medicaid; payer of last resort; release of information (a) Any clause in an insurance contract, plan, or agreement that limits or excludes payments to a recipient is void. (b) Medicaid shall be the payer of last resort to any insurer that contracts to pay health care cost…

§ 1908a. Vermont Partnership for Long-Term Care (a) The Secretary of Human Services or his or her designee, in consultation with the Commissioner of Financial Regulation, shall establish by rule the Vermont Partnership for Long-Term Care Program. (b) The Program shall provide Med…

§ 1909. Direct payments to Agency; discharge of insurer’s obligation (a) When a recipient who is covered by the recipient’s or a legally liable representative’s insurer receives medical benefits under this subchapter, payment for covered services or notice of denial shall be issu…

§ 1910. Liability of third parties; liens (a) The Agency shall have a lien against a third party, to the extent of the amount paid by the Agency for medical expenses, on any recovery for that claim, whether by judgment, compromise, mediation, or settlement, whenever: (1) the Agen…

§ 1911. Tobacco manufacturers; liability for Medicaid expenditures (a) After the State has paid medical assistance benefits to eligible persons for tobacco-related health conditions under this chapter, the State may recover from tobacco manufacturers the amount paid or likely to …

§ 1912. Findings and purpose (a) Cigarette smoking presents serious public health concerns to the State of Vermont and to the citizens of Vermont. The Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases, and that there are hun…

§ 1913. Definitions As used in this subchapter: (1) “Adjusted for inflation” means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) “Affiliate” means a person who directly or indirectly owns or contro…

§ 1914. Requirements (a) Any tobacco product manufacturer selling cigarettes to consumers within the State (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) after May 12, 2000 shall do one of the following: (1) become a participating…

§ 1915. Findings and purpose (a) The General Assembly finds that the provisions of this subchapter will enhance compliance with subchapter 1A of this chapter and further the policies and purposes of that subchapter. (b) The provisions of this subchapter are not intended to amend …

§ 1916. Definitions As used in this subchapter: (1) “Brand family” means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including “menthol,” “lights,” “kings,” and “100s,” and includes a …

§ 1917. Certifications (a) Every tobacco product manufacturer whose cigarettes are sold in this State, whether directly or through a licensed wholesale dealer, retailer, or similar intermediary or intermediaries, shall execute and deliver on a form prescribed by the Attorney Gene…

§ 1918. Directory of cigarettes approved for stamping and sale (a) The Attorney General shall develop and publish on its website a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of this sub…

§ 1919. Prohibition against the stamping and sale of cigarettes not included in the directory No person shall affix a tax stamp to or sell or offer for sale in this State any package or container of cigarettes manufactured by a tobacco product manufacturer or belonging to a brand…

§ 1920. Agent for service of process (a) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the State as a foreign corporation or other business entity shall, as a condition precedent to having its brand families included or retaine…

§ 1921. Reporting and sharing of information (a) At the date specified in 32 V.S.A. § 7785 or 7813, for monthly reports from licensed wholesale dealers, or at such date and frequency as the Commissioner may require for other licensed wholesale dealers, which will be at least quar…

§ 1922. Quarterly escrow deposits To promote compliance with the provisions of this subchapter, the Attorney General may adopt rules requiring a nonparticipating manufacturer to make the escrow deposits required by subchapter 1A of this chapter in quarterly installments during th…

§ 1923. Penalties and other remedies (a) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a stamping agent has violated this subchapter or any rule adopted pursuant to this subchapter, the Attorney General may, for each vi…

§ 1924. Miscellaneous provisions (a) The first report of stamping agents required by section 1921 of this title shall be due 30 days after the effective date of this subchapter; the initial certification of a tobacco product manufacturer required by section 1917 of this title sha…

§ 1925. Joint and several liability of importers on nonparticipating manufacturer’s brand families Each nonparticipating manufacturer located outside the United States and each importer of any nonparticipating manufacturer’s brand families that are sold in the State shall bear jo…

§ 1950. Purpose (a) The purpose of this subchapter is to establish assessments on health care providers, which funds shall be used in the State’s health care program in such a way as to be eligible for federal financial participation. (b) The Secretary and the Commissioner shall …

§ 1951. Definitions As used in this subchapter: (1) “Assessment” means a tax levied on a health care provider pursuant to this chapter. (2)(A) “Home health services” means any of the following: (i) those medically necessary, intermittent, skilled home health services provided by …

§ 1952. General provisions (a) The Secretary of Human Services shall adopt rules necessary for the implementation of this subchapter. (b) The Department may use not more than one percent of the assessments received under the provisions of this subchapter for necessary administrat…

§ 1953. Hospital assessment (a) Hospitals shall be subject to an annual assessment as follows: (1) Beginning July 1, 2012, each hospital’s annual assessment, except for hospitals assessed under subdivision (2) of this subsection, shall be six percent of its net patient revenues (…

§ 1954. Nursing home assessment (a) Beginning July 1, 2011, each nursing home’s annual assessment shall be $4,509.57, and beginning October 1, 2011, $4,919.53 per bed licensed pursuant to section 7105 of this title on June 30 of the immediately preceding fiscal year. The annual a…

§ 1955. ICF/DD assessment (a) Beginning October 1, 2011, each ICF/DD’s annual assessment shall be 5.9 percent of the ICF/DD’s total annual direct and indirect expenses for the most recently settled ICF/DD audit. (b) The Department shall provide written notification of the assessm…

§ 1955b. Pharmacy assessment (a) Beginning July 1, 2005, each pharmacy’s monthly assessment shall be $0.10 for each prescription filled and refilled. (b) Each pharmacy shall declare and provide supporting documentation to the Commissioner of the total number of prescriptions fill…