Title 33, Title 33: Human Services

§ 7105. License requirements (a) Upon receipt of an application for license, the licensing agency shall issue a full license when it has determined that the applicant and facilities meet the standards established by the licensing agency. Licenses issued under this chapter shall e…

§ 7106. Variance (a) The licensing agency may grant a variance from the provisions of this chapter or a rule adopted pursuant to this chapter. (b) Variances may be granted upon determination that: (1) strict compliance would impose a substantial hardship on the licensee; (2) the …

§ 7107. Unlicensed homes (a) The licensing agency shall adopt rules governing the identification of unlicensed residential care homes, nursing homes, assisted living residences, therapeutic community residences, and homes for persons who are terminally ill. (b) No physician, surg…

§ 7108. Inspection; technical assistance (a) The licensing agency shall inspect a facility prior to issuing a license under this chapter. (b) The licensing agency may inspect a facility any time an inspection is authorized under this chapter and any other time it considers an ins…

§ 7109. Investigation; complaint (a) The licensing agency may investigate whenever it has reason to believe a violation of this chapter or the rules adopted pursuant to this chapter has occurred. (b) A person who believes that a violation has occurred may file a complaint with th…

§ 7110. Violation; notice (a) If, as a result of an inspection or investigation, the licensing agency determines that a condition in the facility violates a rule or provision of this chapter, it shall prepare a written notice of violation, which shall state the following: (1) a d…

§ 7111. Enforcement; protection of residents (a) The licensing agency shall enforce the provisions of this chapter to protect residents of facilities. (b) The licensing agency may require a facility to take corrective action to eliminate a violation of a rule or provision of this…

§ 7112. Confidential information (a) Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under this chapter, except information that pertains to unsubstantiated complaints or the identity of residents and complainants, shall …

§ 7114. Report The licensee shall file annually and on request such information, data, statistics, or schedules as the licensing agency may require. The agency shall have the power to examine the books and accounts of any facility operated by any licensee if it is the opinion of …

§ 7115. Exception Nothing in this chapter or the rules adopted pursuant to this chapter shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any home or institution conducted for those who rely upo…

§ 7116. Criminal penalty A person who knowingly violates the licensure, reporting of unlicensed facilities, or confidentiality requirements of this chapter or the provisions relating to placing, referring, or recommending placement of a person in an unlicensed facility shall be f…

§ 7117. Rules (a) In accordance with 3 V.S.A. chapter 25, the Secretary of Human Services may adopt reasonable rules to carry out the provisions of this chapter and may prescribe minimum standards of care, program administration, and sanitation for facilities licensed under this …

§ 7118. Appeals (a) A person aggrieved by a decision or action of the licensing agency may file a request for a fair hearing with the Human Services Board as provided in 3 V.S.A. § 3091. (b) A resident subject to transfer under subsection 7111(f) of this title may contest such tr…

§ 7151. Advanced practice registered nurse; scope of practice Except to the extent prohibited under federal law for purposes of federal financial participation, a nursing home shall permit a licensed advanced practice registered nurse providing services at the nursing home to per…

§ 7201. Policy The purpose of this subchapter is to provide for the receivership of a long-term care facility in order to ensure safe surroundings, adequate care, and humane treatment; to safeguard the health of, safety of, and continuity of care to residents; and to protect resi…

§ 7202. Application for receiver (a) The Commissioner of Disabilities, Aging, and Independent Living or the Attorney General may file a complaint in the Superior Court of the county in which the licensing agency or the facility is located, requesting the appointment of a receiver…

§ 7203. Appointment of temporary receiver (a) A motion to appoint a temporary receiver may be filed with the complaint or at any time prior to the hearing on the merits provided for in section 7204 of this chapter. The motion shall be accompanied by an affidavit alleging facts ne…

§ 7204. Appointment of receiver; notice (a)(1) Unless the complaint is dismissed as provided for in section 7202 of this chapter or parties agree to a later date, the court shall hold a hearing on the merits to appoint a receiver within 10 days of filing the complaint. The court …

§ 7205. Appointment of receiver; recommendations by licensing agency Not less than two days prior to the hearing on the merits, the Commissioner shall file with the court a list of recommended persons to consider for appointment as the receiver, which may include licensed nursing…

§ 7206. Appointment of receiver; hearing and order (a) After the hearing on the merits, the court may appoint a receiver from the list provided by the licensing agency if it finds that one or more of the grounds set forth in section 7202 of this chapter is satisfied, and that the…

§ 7207. Powers and duties of receiver (a) A receiver shall not take any actions or assume any responsibilities inconsistent with the purposes of this subchapter or the duties specifically provided for in this section. (b) Unless otherwise ordered by the court and subject to the l…

§ 7208. Limitations; corrections of conditions (a)(1) Except as provided in subsection (b) of this section, if the total cost of correcting conditions that constituted grounds for the receivership and violations of State rules and federal regulations governing the operation of th…

§ 7209. Limitations; payment of debts The receiver shall petition the court when debts incurred prior to appointment of the receiver appear extraordinary, of questionable validity, or unrelated to the normal and expected maintenance and operation of the facility, or where payment…

§ 7210. Limitations; authority to borrow (a) In the event that the receiver does not have sufficient funds to cover expenses needed to prevent or remove jeopardy to the residents or to pay the debts accruing to the facility, the receiver may petition the court for permission to b…

§ 7211. Limitations; closure of the facility (a) The receiver shall not close the facility without leave of the court. (b) The court shall consider the protection of residents and shall prevent the closure of facilities that, under proper management, are likely to be financially …

§ 7212. Writ of possession After notice and a hearing, the court may issue a writ of possession as provided for in 12 V.S.A. § 4854 on behalf of the receiver for specific real or personal property related or pertaining to the facility. (Added 2009, No. 36, § 2.)

§ 7213. Attachment; trustee process Revenues held by or owing to the receiver in connection with the operation of the facility are exempt from attachment as provided for in 12 V.S.A. chapter 123 and trustee process as provided for in 12 V.S.A. chapter 121, including process serve…

§ 7214. Avoidance of contracts (a) The court may grant a motion filed by the receiver to avoid a lease, mortgage, secured transaction, or other contract entered into by the owner or licensee of the facility if the court finds that the agreement: (1) was entered into for a fraudul…

§ 7215. Obligations of the owner or licensee (a) A licensee, owner, manager, employee, or such person’s agent shall cooperate with the receiver in any proceeding under this chapter, including replying promptly to any inquiry from the receiver or the licensing agency requesting a …

§ 7216. Review and termination (a) The court shall review the necessity of the receivership at least semiannually. (b) Either party or the Commissioner of Disabilities, Aging, and Independent Living may petition the court to terminate the receivership. The petition shall include …

§ 7217. Duties of licensing agency The licensing agency shall have the duty to provide information to residents of long-term care facilities for which a receiver has been appointed by the court. When applicable, the licensing agency shall assist in the process of transferring res…