Title 33, Title 33: Human Services

§ 6308. Complaint process The Commissioner shall establish by rule standards and procedures ensuring that each designated home health agency has in place sufficient minimum grievance procedures allowing recipients of home health services, their family members, and employees of a …

§ 6309. Staff safety; discharge from service (a) If an individual was previously discharged from service by a home health agency to protect the safety of staff in accordance with the rules adopted by the Department of Disabilities, Aging, and Independent Living pursuant to subsec…

§ 6321. Attendant care services (a) As used in this section: (1) “Attendant care services” means one or more of the following types of care or service provided for compensation: assistance with personal care, including dressing, bathing, shaving, and grooming, and assistance with…

§ 6501. Definitions As used in this chapter: (1) “Balance bill” means to charge to or collect from a Medicare or General Assistance beneficiary any amount in excess of the reasonable charge for that service as determined by the U.S. Secretary of Health and Human Services or the C…

§ 6502. Balance billing prohibited A physician who agrees to treat a Medicare or General Assistance beneficiary shall not balance bill the beneficiary except as provided in section 6503 of this chapter. (Added 1987, No. 51, § 1; amended 2021, No. 20, § 340.)

§ 6503. Exceptions The provisions of section 6502 of this title shall not apply and the physician may balance bill a Medicare beneficiary if: (1) During the calendar year prior to treatment, the Medicare beneficiary (or his or her spouse with whom he or she lived at any time duri…

§ 6504. Medicare beneficiary to sign statement Annually and prior to treatment, a physician may request that a Medicare beneficiary sign a statement prepared in accordance with this section to determine whether or not the beneficiary may be balance billed. The exceptions containe…

§ 6505. Assistance with claims required A physician who agrees to treat a Medicare beneficiary shall prepare the Medicare claim for the beneficiary. (Added 1987, No. 51, § 1.)

§ 6506. Posting A physician who treats Medicare or General Assistance beneficiaries shall post a summary of the provisions of this chapter in a conspicuous place in his or her office. The summary shall include the statement that any person aggrieved by a physician’s failure to co…

§ 6507. Administration; enforcement (a) A person aggrieved by a violation of the provisions of this chapter may file a complaint with the State Board of Medical Practice within the Department of Health. The matter shall be investigated by the Board and shall be subject to the pro…

§ 6701. Definitions As used in this chapter: (1) “Dual eligible individual” means an individual who is a beneficiary of both Medicaid and Medicare. (2) “Medicaid” means the medical assistance program authorized under chapter 19 of this title. (3) “Medicare” means the health insur…

§ 6702. Program established A Medicare Advocacy Program is established for the purpose of ensuring through legal and other advocacy services that dual eligible individuals receive the Medicare coverage to which they are entitled. In addition to serving individual beneficiaries, t…

§ 6703. Contract for services (a) Subject to the provisions of subsection (b) of this section, the Commissioner of Vermont Health Access shall contract on an annual basis with individuals or private organizations to provide services authorized by this chapter to dual eligible ind…

§ 6704. Charges Dual eligible individuals shall not be charged for services provided under this chapter. (Added 1989, No. 259 (Adj. Sess.), § 2.)

§ 6705. Subrogation (a) Upon furnishing medical assistance under chapter 19 of this title to any individual, the Department of Vermont Health Access shall be subrogated, to the extent of the expenditure for medical care furnished, to any rights such individual may have to third-p…

§ 6901. Purpose (a) The purpose of this chapter is to: (1) protect vulnerable adults whose health and welfare may be adversely affected through abuse, neglect, or exploitation; (2) recognize and accommodate the barriers for vulnerable adults that may impair both their response to…

§ 6902. Definitions As used in this chapter: (1) “Abuse” means: (A) Any medical treatment that purposely, knowingly, or recklessly places the life, health, or welfare of a vulnerable adult in jeopardy or is likely to result in impairment of health to the vulnerable adult. (B) Any…

§ 6903. Reporting suspected abuse, neglect, and exploitation of vulnerable adults (a) All employees, contractors, volunteers, or grantees who directly provide health care, law enforcement, caregiving, counseling, education, or social services to adults who know of information of …

§ 6904. Nature and content of report; to whom made A report shall be made to the Commissioner or the Commissioner’s designee. To be considered a report to the Commissioner or designee, it shall contain the name and address of the reporter as well as the names and addresses of the…

§ 6905. Mandatory reporting to and postmortem investigation of deaths by the Office of the Chief Medical Examiner When a person making a report of suspected abuse, neglect, or exploitation of a vulnerable adult has reasonable cause to believe that a vulnerable adult died as a res…

§ 6906. Assessment and investigation (a) Report of maltreatment. (1) Upon receipt of a report of maltreatment, the Department shall determine whether the report constitutes an allegation of abuse, neglect, or exploitation as defined in section 6902 of this title. The Department s…

§ 6907. Remedial action (a) Protective services. If the investigation produces evidence that the vulnerable adult has been abused, neglected, or exploited, and protective services are not in place, the Department shall pursue available protective services. (b) Consent to services…

§ 6908. Immunity from liability Any person who in good faith makes a report under section 6904 of this title alleging abuse, neglect, or exploitation shall be immune from any liability, civil or criminal, for making the report. Nothing in this section grants civil or criminal imm…

§ 6909. Retaliatory action by employer prohibited No employer or supervisor may discharge; demote; transfer; reduce pay, benefits, or work privileges; prepare a negative work performance evaluation; or take any other action detrimental to any employee who files a good faith repor…

§ 6910. Interference by caregiver If consent to receive protective services has been obtained in accordance with section 6907 of this title and the Commissioner has reasonable cause to believe that the caregiver is interfering with the provision of those protective services, the …

§ 6911. Records of abuse, neglect, and exploitation (a) Access to records. (1) Subject to confidentiality or privilege protections, except those provided by the Health Insurance Portability and Accountability Act of 1996, its corresponding regulations, and 18 V.S.A. § 1881, the D…

§ 6912. Public education and disclosure of rights and duties; posting of notice (a) The Department, within available appropriations, shall conduct a publicity and education program to encourage the fullest degree of reporting of suspected abuse, neglect, or exploitation of vulner…

§ 6913. Penalties; abuse; neglect; exploitation; mandatory reporter’s failure to report (a) Whenever the Department finds, after notice and hearing, that a person has committed sexual abuse as defined in subdivision 6902(1)(D) of this title, exploitation as defined in subdivision…

§ 6914. Access to criminal records (a) The Commissioner may obtain from the Vermont Crime Information Center the record of convictions of any person to the extent that the Commissioner has determined that such information is necessary to protect vulnerable adults. (b) The Commiss…

§ 6915. Access to financial information (a) As used in this chapter: (1) “A person having custody or control of the financial information” means: (A) a bank as defined in 8 V.S.A. § 11101; (B) a credit union as defined in 8 V.S.A. § 30101; (C) a broker-dealer or investment adviso…

§ 6916. Annual report On or before January 15 of each year, and notwithstanding the provisions of 2 V.S.A. § 20(d), the Department shall report to the House Committee on Human Services and the Senate Committee on Health and Welfare regarding the Department’s adult protective serv…

§ 6917. Written communications Any written communications from the Department, an administrative reviewer, or the Human Services Board to the alleged victim or to the alleged perpetrator shall use plain language. (Added 2023, No. 81, § 1, eff. July 1, 2023.)

§ 6918. Rulemaking The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 to implement this subchapter, including: (1) conducting referrals on intakes, including: (A) required referrals; and (B) referrals on intake reports not accepted for assessment or investigation;…

§ 6931. Definitions In addition to the definitions in section 6902 of this title, as used in this subchapter, “interested person” means a representative of the vulnerable adult; the Commissioner of Disabilities, Aging, and Independent Living; or the Commissioner’s designee. (Adde…

§ 6932. Jurisdiction and venue (a) The Family Division of the Superior Court shall have jurisdiction over proceedings under this subchapter. (b) Emergency orders under section 6936 of this title may be issued by a judge of the Criminal, Civil, or Family Division of the Superior C…

§ 6933. Request for relief (a) A vulnerable adult, Adult Protective Services staff, or an interested person on behalf of a vulnerable adult may seek relief from abuse, neglect, or exploitation by filing a petition requesting one or more of the following orders: (1) an order that …

§ 6934. Notice Except as provided in section 6936 of this title, the court shall grant relief only after notice to the defendant and a hearing. If the petition is made by an interested person, notice shall be provided to the vulnerable adult and the court shall determine whether …

§ 6935. Findings and order (a) If the court finds that the defendant has abused, neglected, or exploited the vulnerable adult, the court shall make such order as it deems necessary to protect the vulnerable adult. The plaintiff shall have the burden of proving abuse, neglect, or …

§ 6936. Emergency relief; hearings (a) In accordance with the Rules for Family Proceedings, temporary orders under this subchapter may be issued ex parte, without notice to the defendant, upon motion and findings by the court that the defendant has abused, neglected, or exploited…

§ 6937. Service (a) A petition or ex parte temporary order or final order issued under this subchapter shall be served by any sheriff or constable or any municipal or State Police officer in accordance with the Vermont Rules of Civil Procedure. A court that issues an order under …

§ 6938. Procedure (a) Except as otherwise provided in this subchapter, proceedings commenced under this subchapter shall be in accordance with the Rules for Family Proceedings and shall be in addition to any other available civil or criminal remedies. (b) If the petition is filed…

§ 6939. Filing orders with law enforcement personnel; Department of Public Safety Protection Order Database (a) Police departments, sheriff’s departments, and State Police district offices shall establish procedures for filing orders issued under this subchapter and for making pe…

§ 6940. Enforcement (a) Law enforcement officers are authorized to enforce orders issued under this subchapter. (b) Violation of an order issued under this subchapter may be prosecuted as criminal contempt under Rule 42 of the Vermont Rules of Criminal Procedure. The prosecution …

§ 6941. Appeals An order of the court issued under section 6935 of this title shall be treated as a final order for the purposes of appeal. Appeal may be taken by either party to the Supreme Court under the Vermont Rules of Appellate Procedure and the appeal shall be determined f…

§ 6951. Definitions As used in this subchapter: (1) “Agent” shall have the same meaning as in 14 V.S.A. § 3501. (2) “Guardian” means a person appointed to serve as the guardian for a vulnerable adult pursuant to the process established in 14 V.S.A. chapter 111 or in 18 V.S.A. cha…

§ 6952. Civil action for relief from financial exploitation (a) Right of action. A vulnerable adult or his or her agent or guardian may bring an action in the Civil Division of the Superior Court pursuant to this section for relief against a natural person who, with reckless disr…