Title 18, Health

§ 1917. Protection and disclosure of information (a) All information made available to the Department and its designees under this chapter shall be confidential and privileged, exempt from the public access to records law, and, in any civil or administrative action against a prov…

§ 1918. Enforcement (a) If the Commissioner determines that a hospital has failed to comply with any of the provisions of this chapter, the Commissioner may sanction the hospital as provided in this title. In evaluating compliance, the Commissioner shall place primary emphasis on…

§ 1919. Inclusion of data in hospital community reports The Commissioner shall consult with the Commissioner of Financial Regulation and with patient safety experts, hospitals, health care professionals, and members of the public and shall make recommendations to the Commissioner…

§ 2051. Definitions For the purposes of this chapter, unless the context otherwise clearly requires: (1) “Director” means the Director of the Office of Professional Regulation. (2) “Nursing home” means any institution or facility, whether proprietary or nonproprietary, defined as…

§ 2052. Advisor appointees (a) The Secretary of State shall appoint two advisors as set forth in 3 V.S.A. § 129b. One of the initial appointments may be for less than a five-year term. One of the appointees shall have not less than three years’ experience as a nursing home admini…

§ 2053. Director; duties; powers (a) The Director shall: (1) set requirements for licensure; (2) provide general information to applicants; (3) explain complaint and appeal procedures to licensees, applicants, and the public; and (4) receive applications for licensure; license ap…

§ 2054. Exclusive jurisdiction of the Director The Director, with the advice of the advisors appointed under this chapter, shall have exclusive authority to determine the qualifications, skill, and fitness of any person to serve as an administrator of a nursing home under the pro…

§ 2055. General requirements for licensure A person may not practice nursing home administration in this State unless: (1) the applicant has made written application for license to the Director, accompanied by satisfactory proof that he or she is at least 18 years of age and is n…

§ 2057. Licensing (a) The Director shall license nursing home administrators in accordance with rules adopted, and from time to time revised. A nursing home administrator’s license may not be transferred and shall be valid until surrendered for cancellation or suspended or revoke…

§ 2058. License fees Applicants and persons regulated under this chapter shall be subject to the following fees: (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 1975, No. 118, § 91, eff. July 1, 1975; 1989, No. 250 (Adj. Sess.), § 86; 1991, No. 167 (Adj. Sess.…

§ 2059. Licensure by endorsement The Director may issue a nursing home administrator’s license, without examination for proficiency and competence, to any person who holds a current license as a nursing home administrator from another jurisdiction, provided that the Director find…

§ 2060. Violations and penalties A person who practices, or offers to practice, nursing home administration in this State, without being licensed in accordance with this chapter; or any person presenting or attempting to use as his or her own the license of another; or a person w…

§ 2061. Provisional license In the event of the inability of the regular licensed administrator of a nursing home to perform his or her duties or if, through death or other causes, a nursing home is without a licensed administrator, a provisional administrator may, in the discret…

§ 2141. Definitions As used in this chapter: (1) “Ambulatory surgical center” means any distinct entity that operates primarily for the purpose of providing surgical services to patients not requiring hospitalization and for which the expected duration of services would not excee…

§ 2151. License No person shall establish, maintain, or operate an ambulatory surgical center in this State without first obtaining a license for the ambulatory surgical center in accordance with this subchapter. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)

§ 2152. Application; fee (a) An application for licensure of an ambulatory surgical center shall be made to the Department of Health on forms provided by the Department and shall include all information required by the Department. Each application for a license shall be accompani…

§ 2153. License requirements (a) Upon receipt of an application for a license and the licensing fee, the Department of Health shall issue a license if it determines that the applicant and the ambulatory surgical center facilities meet the following minimum standards: (1) The appl…

§ 2154. Revocation of license; hearing The Department of Health, after notice and opportunity for hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds that there has been a substantial failure to comply with the r…

§ 2155. Appeal Any applicant or licensee, or the State acting through the Attorney General, aggrieved by the decision of the Department of Health after a hearing may, within 30 days after entry of the decision as provided in section 2154 of this title, appeal to the Superior Cour…

§ 2156. Inspections The Department of Health shall make or cause to be made such inspections and investigations as it deems necessary. If the Department finds a violation as the result of an inspection or investigation, the Department shall post a report on the Department’s websi…

§ 2157. Records (a) Information received by the Department of Health through filed reports, inspections, or as otherwise authorized by law shall: (1) not be disclosed publicly in a manner that identifies or may lead to the identification of one or more individuals or ambulatory s…

§ 2158. Nonapplicability The provisions of chapter 42 of this title, Bill of Rights for Hospital Patients, do not apply to ambulatory surgical centers. (Added 2019, No. 55, § 1, eff. Jan. 1, 2020.)

§ 2159. Rules The Department of Health shall adopt rules pursuant to 3 V.S.A. chapter 25 as needed to carry out the purposes of this chapter. The rules shall include requirements regarding: (1) the ambulatory surgical center’s maintenance of a transport agreement with at least on…

§ 2201. Furnishing supervision to home health agencies; contracts The Department may furnish supervision to any public agency or private organization engaged in providing skilled nursing services and other therapeutic services, or to any subdivision of such an agency or organizat…

§ 2202. Contracts for departmental programs and services (a) Notwithstanding the provisions of 3 V.S.A. chapter 13, the Department may enter into agreements with a private or public organization for such organization to provide services or conduct programs for the benefit of the …

§ 2203. Collection of fees The Department may provide home health care services, including public health nursing and other therapeutic services, to the public in geographical areas where such services are not otherwise available through public or private organizations, and may co…

§ 2251. Lien established (a) Except as otherwise provided in this section, a hospital in Vermont, as defined in section 1801 of this title, furnishing medical or other service, including charges of private duty nurses, to a patient injured by reason of an accident not covered by …

§ 2252. Notice The lien shall not be effective, however, unless a written notice containing the name and address of the injured person, the date of the accident, the name and location of the hospital, and the name of the person alleged to be liable is filed in the office of the c…

§ 2253. Liability A person making payment to the patient or to his or her attorneys or heirs or legal representatives as compensation for the injury sustained, after the filing and mailing of the notice without paying to the hospital the amount of its lien or so much thereof as c…

§ 2254. Hospital lien docket Every town clerk shall, at the expense of the town, provide a suitable well-bound book to be called the hospital lien docket in which, upon the filing of any lien claim under this chapter, he or she shall enter the name of the injured person, the name…

§ 2255. Extension of lien In the event that a hospital entitled to a lien under this chapter shall have served a notice as provided for by 33 V.S.A. § 821, the lien herein provided for shall extend to the town receiving such notice, provided that the town so served shall follow t…

§ 2256. Discharge The hospital or town asserting a lien pursuant to the provisions of this chapter shall, within 30 days from the date its claim is satisfied, file its certificate of discharge with the town clerk where the lien is filed, and the town clerk shall make proper entry…

§ 2351. Definitions [Effective January 1, 2027 or on effective date of rules] As used in this chapter: (1) “Birth center” means a facility the primary purposes of which are to provide midwifery care, low-risk deliveries, and newborn care immediately after delivery, for a stay of …

§ 2352. License; prohibitions [Effective January 1, 2027 or on effective date of rules] (a) No person shall establish, maintain, or operate a birth center in this State without first obtaining a license for the birth center in accordance with this chapter. (b) A birth center may …

§ 2353. Application; fee [Effective January 1, 2027 or on effective date of rules] (a) An application for licensure of a birth center shall be made to the Department of Health in the manner specified by the Department and shall include all information required by the Department. …

§ 2354. License requirements [Effective January 1, 2027 or on effective date of rules] Upon receipt of an application for a license and the licensing fee, the Department of Health shall issue a license if it determines, after an inspection conducted by the Department or its desig…

§ 2355. Revocation of license; hearing [Effective January 1, 2027 or on effective date of rules] The Department of Health, after notice and opportunity for hearing to the applicant or licensee, is authorized to condition, deny, suspend, or revoke a license in any case in which it…

§ 2356. Appeal [Effective January 1, 2027 or on effective date of rules] Any applicant or licensee, or the State acting through the Attorney General, aggrieved by the decision of the Department of Health after a hearing may appeal the decision in accordance with section 128 of th…

§ 2357. Inspections [Effective January 1, 2027 or on effective date of rules] (a) The Department of Health or its designee shall make or cause to be made such inspections and investigations as the Department or its designee deems necessary. (b) A birth center, including its build…

§ 2358. Records [Effective January 1, 2027 or on effective date of rules] (a) Information received by the Department of Health through filed reports, inspections, or as otherwise authorized by law shall: (1) not be disclosed publicly in a manner that identifies or may lead to the…

§ 2359. Rules [Effective January 1, 2027 or on effective date of rules] The Department of Health shall adopt rules in accordance with 3 V.S.A. chapter 25 as needed to carry out the purposes of this chapter. The rules shall be based on the national birth center standards published…

§ 2360. No effect on scope of services [Effective January 1, 2027 or on effective date of rules] (a) Nothing in this chapter or in rules adopted pursuant to this chapter shall be construed to expand or limit the scope of the services that a licensed midwife, certified nurse midwi…

§ 3601. Purpose The purpose of this chapter is to establish standards and criteria for the licensure and regulation of pharmacy benefit managers providing claims processing services or other prescription drug or device services for health benefit plans by: (1) promoting, preservi…

§ 3602. Definitions As used in this chapter: (1) “Claims processing services” means the administrative services performed in connection with the processing and adjudicating of claims relating to pharmacist services that include receiving payments for pharmacist services or making…

§ 3603. Rulemaking The Commissioner of Financial Regulation shall adopt rules in accordance with 3 V.S.A. chapter 25 to carry out the provisions of this chapter. The rules shall include, as appropriate, requirements that health insurers maintain the confidentiality of proprietary…

§ 3604. Reporting Annually on or before January 15, the Department of Financial Regulation shall report to the House Committee on Health Care and the Senate Committees on Health and Welfare and on Finance regarding pharmacy benefit managers’ compliance with the provisions of this…