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Vermont Statutes, Title 33

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Vermont/Statutes

← All Vermont coverage

Title 33, Human Services

59 chapters · 627 sections in this title.

All chapters in Title 33627 Ch 019, Medical Assistance83 Ch 052, Delinquency Proceedings46 Ch 069, Reports of Abuse, Neglect, and Explo…36 Ch 071, Regulation of Long-Term Care Facilities35 Ch 051, General Provisions30 Ch 049, Child Welfare Services27 Ch 018, Public-Private Universal Health Care…26 Ch 053, Children in Need of Care or Supervision24 Ch 059*, Interstate Compact on the Placement …23 Ch 001, Department for Children and Families22 Ch 011, Reach Up20 Ch 036, Early Care and Education Providers L…19 Ch 022, Vermont Homelessness Response Continuum18 Ch 035, Child Care18

627 sections·Filtered byTitle 33✕

33 V.S.A. ch. 059*, § 5924 Placement of child in another state [Contingently enacted]
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§ 5924. Placement of child in another state [Contingently enacted] The officers and agencies of this State having authority to place a child in the custody of the Commissioner for Children and Families may place such a child in another state. However, unless parental rights have …
33 V.S.A. ch. 059*, § 5925 Executive head [Contingently enacted]
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§ 5925. Executive head [Contingently enacted] The term “executive head” in this State means the Secretary of Human Services. The Secretary of Human Services is hereby authorized to appoint a compact administrator in accordance with the terms of section 5907 of this title. (Contin…
33 V.S.A. ch. 059, § 5926 Placement of neglected or unmanageable children [Contingently repealed; effective until contingency met]
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§ 5926. Placement of neglected or unmanageable children [Contingently repealed; effective until contingency met] (Added 1971, No. 219 (Adj. Sess.), § 11, eff. April 5, 1972; contingently repealed by 2021, No. 101 (Adj. Sess.), § 1.)
33 V.S.A. ch. 059, § 5927 Executive head [Contingently repealed; effective until contingency met]

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§ 5927. Executive head [Contingently repealed; effective until contingency met] (Added 1971, No. 219 (Adj. Sess.), § 12, eff. April 5, 1972; contingently repealed by 2021, No. 101 (Adj. Sess.), § 1.)

33 V.S.A. ch. 062, § 6201 Short title

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§ 6201. Short title This subchapter may be cited as the “Older Vermonters Act.” (Added 2019, No. 156 (Adj. Sess.), § 1, eff. Oct. 5, 2020; amended 2021, No. 113 (Adj. Sess.), § 4, eff. July 1, 2022.)

33 V.S.A. ch. 062, § 6202 Principles of system of services, supports, and protections for older Vermonters

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§ 6202. Principles of system of services, supports, and protections for older Vermonters The State of Vermont adopts the following principles for a comprehensive and coordinated system of services and supports for older Vermonters: (1) Self-determination. Older Vermonters should …

33 V.S.A. ch. 062, § 6203 Definitions

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§ 6203. Definitions As used in this subchapter: (1) “Area agency on aging” means an organization designated by the State to develop and implement a comprehensive and coordinated system of services, supports, and protections for older Vermonters, family caregivers, and kinship car…

33 V.S.A. ch. 062, § 6204 Department of Disabilities, Aging, and Independent Living; duties

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§ 6204. Department of Disabilities, Aging, and Independent Living; duties (a) The Department of Disabilities, Aging, and Independent Living is Vermont’s designated State Unit on Aging. (1) The Department shall administer all Older Americans Act programs in this State and shall de…

33 V.S.A. ch. 062, § 6205 Area agencies on aging; duties

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§ 6205. Area agencies on aging; duties (a) Consistent with the Older Americans Act and in consultation with local home- and community-based service providers, each area agency on aging shall: (1) develop and implement a comprehensive and coordinated system of services, supports, …

33 V.S.A. ch. 062, § 6206 Plan for comprehensive and coordinated system of services, supports, and protections

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§ 6206. Plan for comprehensive and coordinated system of services, supports, and protections (a) At least once every four years, the Department of Disabilities, Aging, and Independent Living shall adopt a State Plan on Aging, as required by the Older Americans Act. The State Plan…

33 V.S.A. ch. 062, § 6221 Public education resources

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§ 6221. Public education resources (a) The Departments of Health and of Disabilities, Aging, and Independent Living shall jointly develop and maintain easily accessible electronic, print, and in-person public education materials and programs on Alzheimer’s disease and related dis…

33 V.S.A. ch. 063, § 6301 Policy

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§ 6301. Policy It is the policy of the State of Vermont to ensure that all residents in every town within the State have access to comprehensive, medically necessary home health services without regard to their ability to pay for those services and to ensure that such services ar…

33 V.S.A. ch. 063, § 6302 Definitions

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§ 6302. Definitions As used in this subchapter, unless otherwise indicated: (1) “Family member” means an individual who is related to a person by blood, civil marriage, civil union, or adoption, or who considers himself or herself to be family based upon bonds of affection, and w…

33 V.S.A. ch. 063, § 6303 Home health services; local plans; board composition

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§ 6303. Home health services; local plans; board composition (a) Consistent with the requirements of this section, the Commissioner of Disabilities, Aging, and Independent Living shall adopt by rule minimum program standards for the purpose of providing quality oversight of the h…

33 V.S.A. ch. 063, § 6304 Designation; geographic service areas

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§ 6304. Designation; geographic service areas (a) The Commissioner shall specify by rule standards and procedures for home health agency designation, redesignation, and designation revocation. The designation shall provide each designated agency a franchise to provide home health…

33 V.S.A. ch. 063, § 6305 Review of access, cost, and quality issues; remediation process

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§ 6305. Review of access, cost, and quality issues; remediation process (a) The Commissioner shall exercise such duties and responsibilities as shall be necessary for the implementation of this subchapter and for the active, ongoing supervision of the activities of the home healt…

33 V.S.A. ch. 063, § 6306 Collaboration and shared service agreements

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§ 6306. Collaboration and shared service agreements (a) In order to further the State’s goals of facilitating universal access to a full range of quality home health services at the lowest practicable cost throughout the State, the home health agencies are authorized and encourag…

33 V.S.A. ch. 063, § 6307 Contracts with nondesignated agencies

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§ 6307. Contracts with nondesignated agencies The Commissioner may enter into agreements with home health agencies or with any public or private agency for the purpose of establishing specialized home health services needed but not available from the designated home health agenci…

33 V.S.A. ch. 063, § 6308 Complaint process

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§ 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 …

33 V.S.A. ch. 063, § 6309 Staff safety; discharge from service

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§ 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…

33 V.S.A. ch. 063, § 6321 Attendant care services

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§ 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…

33 V.S.A. ch. 065, § 6501 Definitions

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§ 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…

33 V.S.A. ch. 065, § 6502 Balance billing prohibited

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§ 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.)

33 V.S.A. ch. 065, § 6503 Exceptions

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§ 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…

33 V.S.A. ch. 065, § 6504 Medicare beneficiary to sign statement

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§ 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…

33 V.S.A. ch. 065, § 6505 Assistance with claims required

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§ 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.)

33 V.S.A. ch. 065, § 6506 Posting

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§ 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…

33 V.S.A. ch. 065, § 6507 Administration; enforcement

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§ 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…

33 V.S.A. ch. 067, § 6701 Definitions

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§ 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…

33 V.S.A. ch. 067, § 6702 Program established

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§ 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…

33 V.S.A. ch. 067, § 6703 Contract for services

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§ 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…

33 V.S.A. ch. 067, § 6704 Charges

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

33 V.S.A. ch. 067, § 6705 Subrogation

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§ 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…

33 V.S.A. ch. 069, § 6901 Purpose

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§ 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…

33 V.S.A. ch. 069, § 6902 Definitions

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§ 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…

33 V.S.A. ch. 069, § 6903 Reporting suspected abuse, neglect, and exploitation of vulnerable adults

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§ 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 …

33 V.S.A. ch. 069, § 6904 Nature and content of report; to whom made

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§ 6904. Nature and content of report; to whom made (a) Except as otherwise provided for certain reports of neglect in subsection (b) of this section, a report shall be made to the Commissioner or the Commissioner’s designee. To be considered a report to the Commissioner or design…

33 V.S.A. ch. 069, § 6905 Mandatory reporting to and postmortem investigation of deaths by the Office of the Chief Medical Examiner

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§ 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…

33 V.S.A. ch. 069, § 6906 Assessment and investigation

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§ 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…

33 V.S.A. ch. 069, § 6907 Remedial action

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§ 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…

33 V.S.A. ch. 069, § 6908 Immunity from liability

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§ 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…

33 V.S.A. ch. 069, § 6909 Retaliatory action by employer prohibited

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§ 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…

33 V.S.A. ch. 069, § 6910 Interference by caregiver

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§ 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 …

33 V.S.A. ch. 069, § 6911 Records of abuse, neglect, and exploitation

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§ 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…

33 V.S.A. ch. 069, § 6912 Public education and disclosure of rights and duties; posting of notice

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§ 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…

33 V.S.A. ch. 069, § 6913 Penalties; abuse; neglect; exploitation; mandatory reporter’s failure to report

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§ 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…

33 V.S.A. ch. 069, § 6914 Access to criminal records

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§ 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…

33 V.S.A. ch. 069, § 6915 Access to financial information

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§ 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…

33 V.S.A. ch. 069, § 6916 Annual report

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§ 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…

33 V.S.A. ch. 069, § 6917 Written communications

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§ 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.)