Title 18, Title 18: Health

§ 9572. Meetings of an accountable care organization’s governing body (a) Application. This section shall apply to all regular, special, and emergency meetings of the governing board of an accountable care organization that contracts with the Vermont Medicaid program, whether the…

§ 9601. Definitions As used in this chapter: (1) “Green Mountain Care Board” or “Board” means the Board established in chapter 220 of this title. (2) “Health insurance plan” means a policy, service contract, or other health benefit plan offered or issued by a health insurer and i…

§ 9602. Office of the Health Care Advocate; composition (a) The Office of the Health Care Advocate is established as an independent voice for Vermonters that is dedicated to promoting access to high-quality, affordable health care for all. (b) The Agency of Human Services shall m…

§ 9603. Duties and authority (a) The Office of the Health Care Advocate shall: (1) Assist Vermonters with health insurance plan selection by providing information, referrals, and assistance to individuals about means of obtaining and paying for health insurance coverage and servi…

§ 9604. Duties of State agencies (a) It is the intent of the General Assembly that State agencies shall seek input from the Office of the Health Care Advocate when developing or revising significant matters of State policy affecting health care access and affordability in order t…

§ 9605. Confidentiality The Office of the Health Care Advocate shall maintain the confidentiality of information related to individuals using its services in accordance with all applicable State and federal laws, rules, regulations, and policies. (Added 2013, No. 79, § 35a, eff. …

§ 9606. Conflicts of interest (a) The Office of the Health Care Advocate, its employees, and its contractors shall not have any conflict of interest relating to the performance of their responsibilities under this chapter. For the purposes of this chapter, a conflict of interest …

§ 9607. Funding; allocation of expenses (a) The Office of the Health Care Advocate shall specify in its annual report filed pursuant to this chapter the sums expended by the Office in carrying out its duties, including identifying the specific amount expended for actuarial servic…

§ 9700. Purpose and policy The State of Vermont recognizes the fundamental right of an adult to determine the extent of health care the individual will receive, including treatment provided during periods of incapacity and at the end of life. This chapter enables adults to retain…

§ 9701. Definitions As used in this chapter: (1) “Advance directive” means a written record executed pursuant to section 9703 of this title, which may include appointment of an agent, identification of a preferred primary care clinician, instructions on health care desires or tre…

§ 9702. Advance directive (a) An adult may do any or all of the following in an advance directive: (1) except as provided in subsection (c) of this section, appoint one or more agents and alternate agents to whom authority to make health care decisions is delegated and specify th…

§ 9703. Form and execution (a) An adult with capacity may execute an advance directive at any time. (b)(1) The advance directive shall be dated, executed by the principal or by another individual in the principal’s presence at the principal’s express direction if the principal is…

§ 9704. Amendment, suspension, and revocation (a)(1) A principal with capacity may amend, suspend, or revoke an advance directive or any specific instruction in an advance directive by executing a new advance directive or instruction pursuant to section 9703 of this title. (2) A …

§ 9705. Duty to deliver An individual possessing a duly executed advance directive to whom it becomes known that the terms of the advance directive may be applicable shall deliver the advance directive to the principal’s clinician, other health care provider, health care facility…

§ 9706. When advance directive becomes effective (a) An advance directive regarding health care shall become effective: (1) when a principal’s clinician: (A) determines, after speaking with an interested individual if one is reasonably available, that the principal lacks capacity…

§ 9707. Authority and obligations of health care providers, health care facilities, and residential care facilities regarding health care instructions (a) A health care provider, health care facility, and residential care facility shall not provide health care to a patient withou…

§ 9708. Authority and obligations of health care providers, health care facilities, and residential care facilities regarding DNR orders and COLST (a) As used in this section, “clinician” shall have the same meaning as in section 9701 of this title and shall also include a duly l…

§ 9709. Obligations of health care providers, health care facilities, residential care facilities, and health insurers regarding protocols and nondiscrimination (a) As used in this section, “DNR/COLST” shall mean do-not-resuscitate orders (DNR) and clinician orders for life susta…

§ 9710. Consent for hospice care (a) A family member of a patient or a person with a known close relationship to the patient may elect hospice care on behalf of the patient if the patient does not have an agent or guardian or the patient’s agent or guardian, or both, if applicabl…

§ 9711. Authority and obligations of agent (a) When the requirements of subsection 9706(a) of this title are met, and subject to the provisions of this chapter, other applicable law, and any express instructions regarding the agent’s authority set forth in an advance directive or…

§ 9712. Obligations of funeral directors, crematory operators, cemetery officials, procurement organizations, and individuals appointed to arrange for the disposition of the principal’s remains (a) An individual appointed to arrange for the disposition of the principal’s remains …

§ 9713. Immunity (a) No individual acting as an agent, guardian, or surrogate shall be subjected to criminal or civil liability for making a decision in good faith pursuant to the terms of an advance directive, or DNR order, or COLST order and the provisions of this chapter. (b)(…

§ 9714. Failure to follow advance directive; unauthorized access of registry; administrative penalties (a) A health care provider, health care facility, residential care facility, funeral director, crematory operator, or cemetery official, or an employee of any of them having act…

§ 9715. Interpretation with other laws (a) The withholding or withdrawal of life sustaining treatment from a principal who has executed an advance directive limiting the provision of life sustaining treatment shall not be construed as a suicide. (b) Nothing in this chapter shall …

§ 9716. Reciprocity; choice of law Nothing in this chapter limits the enforceability of an advance directive or similar instrument executed in another state or jurisdiction in compliance with the law of that state or jurisdiction. To the extent possible under conflicts of law doc…

§ 9717. Presumption of validity An advance directive executed as provided in this chapter shall be presumed valid. No third party shall require an additional or different form of advance directive. A photocopy or facsimile of a duly executed original advance directive shall be re…

§ 9718. Petition for review by the Probate Division of the Superior Court (a) A petition may be filed in the Probate Division of the Superior Court under this section by: (1) a principal, guardian, agent, ombudsman, a mental health patient representative, or interested individual…

§ 9719. Obligations of State agencies (a) Not later than March 1, 2012, and from time to time thereafter, the Commissioner, in consultation with all appropriate agencies and organizations, shall adopt rules pursuant to 3 V.S.A. chapter 25 to effectuate the intent of this chapter.…

§ 9720. Severability If any provisions of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and, to…

§ 9721. Remote witnesses and explainers through March 31, 2024 (a) [Repealed.] (b)(1) Notwithstanding any provision of subsection 9703(b) of this title to the contrary, an advance directive executed by a principal between February 15, 2020 and June 15, 2020 shall be deemed to be …

§ 9731. Informed consent by surrogate for DNR/COLST order (a)(1) One or more interested individuals may be eligible to act as the surrogate for an adult without capacity in order to provide or withhold informed consent for a do-not-resuscitate order or clinician order for life-su…