Title 33, Title 33: Human Services

§ 105. Commissioner; appointment, term, duties, and powers (a) The Commissioner may exercise the powers and perform duties required for effective administration of the Department, and he or she shall determine the policies of the Department. (b) In addition to other duties impose…

§ 111. Records; restrictions; penalties (a)(1) The names of or information pertaining to applicants for or recipients of assistance or benefits, including information obtained under section 112 of this title, shall not be disclosed to anyone, except for the purposes directly conn…

§ 112. Banks and agencies to furnish information (a) An officer of a financial institution, as described in 8 V.S.A. § 11101(32), a credit union, or an independent trust company in this State, when requested by the Commissioner, shall furnish the Commissioner information in the p…

§ 114. Allocation of payments when appropriation insufficient Should the funds available for assistance be insufficient to provide assistance to all those eligible, the amounts of assistance granted in any program or portion thereof shall be reduced equitably, in the discretion o…

§ 116. State-placed students To enable a school district to determine if a student is a State-placed student, as defined in 16 V.S.A. § 11(a)(28), the Commissioner for Children and Families shall immediately notify the superintendent of schools for the school district educating t…

§ 121. Cancellation of assistance or benefits If at any time the Commissioner for Children and Families or the Commissioner of Vermont Health Access has reason to believe that assistance or benefits have been improperly obtained, he or she shall cause an investigation to be made …

§ 122. Recovery of payments (a) The amount of assistance or benefits may be changed or cancelled at any time if the Commissioner for Children and Families or the Commissioner of Vermont Health Access finds that the recipient’s circumstances have changed. Upon granting assistance …

§ 123. Guardian or legal representative (a) If the Commissioner finds that an applicant for or recipient of assistance is incapable of taking care of himself or herself or his or her business affairs, the Commissioner may direct the payment of the assistance to a guardian appoint…

§ 124. Inalienability of assistance payments All rights to and all monies or orders granted to persons as assistance shall be inalienable by assignment, transfer, attachment, trustee process, execution, or otherwise. In case of bankruptcy, the assistance shall not pass to or thro…

§ 125. Budgetary inflation; direct service providers Annually, as part of its budget presentation, the Department shall inform the House Committees on Appropriations and on Human Services and the Senate Committees on Appropriations and on Health and Welfare the cost of adding a o…

§ 141. Fraud (a) A person who knowingly fails, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material fact used to determine whether that person is qualified to receive aid or benefits under a State or federally funded assistance p…

§ 142. Bringing needy person into the State (a) Any person who knowingly brings or causes to be brought a needy person from out of the state into this State for the purpose of securing assistance for the needy person or making him or her a public charge, shall be obligated to sup…

§ 143. General penalty (a) A person who knowingly violates a provision of this title for which no penalty is specifically provided shall: (1) if the assistance or benefits obtained pursuant to a single fraudulent scheme or a course of conduct are in violation of subsection 141(a)…

§ 143a. Civil remedies (a) A person who violates subsection 141(c), (d), or (e) of this title with actual knowledge may be subject to a civil suit by the Attorney General for: (1) restitution of the amount of assistance, benefits, or payments wrongfully obtained; (2) interest; an…

§ 143b. Education and information By January 1, 2005, the Department of Vermont Health Access shall issue rules establishing a procedure for health care providers enrolled in State and federally funded medical assistance programs to obtain advisory opinions regarding coverage and…

§ 144. Statutory construction (a) Section 143 of this title shall not preclude prosecution under 13 V.S.A. § 1801, 1802, or 2002 when the alleged violation involves forging an economic assistance check or where duplicate economic assistance checks have been wrongfully negotiated …

§ 151. Licensing and registration; violations This subchapter shall apply to all licenses, registrations, and applications for licenses and registrations that the Commissioner or the Department may issue or grant unless otherwise specifically provided. (1) The Commissioner shall …

§ 152. Access to records (a) The Commissioner may obtain from the Vermont Crime Information Center the record of convictions of any person to the extent required by law or the Commissioner has determined by rule that such information is necessary to regulate a facility or individ…

§ 401. Composition of Department The Department of Vermont Health Access, created under 3 V.S.A. § 3088, shall consist of the Commissioner of Vermont Health Access, the Medical Director, and all divisions within the Department, including the Divisions of Managed Care; Health Refo…

§ 402. Medicaid and Exchange Advisory Committee (a) A Medicaid and Exchange Advisory Committee is created for the purpose of advising the Commissioner of Vermont Health Access with respect to policy development and program administration for the Vermont Health Benefit Exchange, M…

§ 403. Financial institutions to furnish information (a) As used in this section: (1) “Bank” shall have the same meaning as in 8 V.S.A. § 11101. (2) “Broker-dealer” shall have the same meaning as in 9 V.S.A. § 5102. (3) “Credit union” shall have the same meaning as in 8 V.S.A. § …

§ 404. State agencies to furnish information (a) Any governmental official or agency in the State, when requested by the Department of Vermont Health Access, shall furnish to the Department information in the official’s or agency’s possession with reference to aid given or money …

§ 501. Disabilities, aging, and independent living policy (a) It is the policy of the State of Vermont that all older Vermonters and Vermonters with disabilities should: (1) be able to live as independently as they choose and as their personal circumstances permit; (2) be able to…

§ 502. Definitions As used in this chapter: (1) “Adult foster care” means provision of 24-hour home care services for one or two adult persons with a disability in the residence of the person providing the home care services. (2) “Americans with Disabilities Act” means the federa…

§ 503. Composition of Department The Department, created pursuant to 3 V.S.A. § 3085a, shall consist of the Commissioner of Disabilities, Aging, and Independent Living, the Advisory Board established under section 505 of this title, and all divisions and units of the Department, …

§ 504. Duties of Department (a) The Department shall administer all laws and programs specifically assigned to it for administration, including: (1) Federally funded services for older persons in accordance with the Older Americans Act. (2) Federally funded vocational rehabilitat…

§ 505. Advisory Board (a) An advisory board to the Department is created for the purpose of advising the Commissioner with respect to programs and issues affecting older persons and persons with disabilities. (b) The Board shall be composed of no fewer than 19 and no more than 24…

§ 506. Budgetary inflation; direct service providers Annually, as part of its budget presentation, the Department shall inform the House Committees on Appropriations and on Human Services and the Senate Committees on Appropriations and on Health and Welfare the cost of adding a o…

§ 601. Center for the Prevention and Treatment of Sexual Abuse (a) There is established within the Agency of Human Services the Vermont Center for the Prevention and Treatment of Sexual Abuse (the Center). The Center shall be jointly overseen by the Commissioner of Corrections an…

§ 900. Definitions As used in this chapter: (1) “Agency” means the Agency of Human Services. (2) “Director” means the Director of Rate Setting. (3) “Division” means the Division of Rate Setting. (4) “Provider” means any entity, excluding a hospital or a physician, providing servi…

§ 901. Reimbursement objectives Reimbursement rates for nursing homes shall reflect the following objectives: (1) maintain an equitable and fair balance between cost containment and quality care in nursing homes; (2) encourage nursing homes to admit persons without regard to thei…

§ 902. Division of Rate Setting, Director (a) There is hereby created in the Agency of Human Services a Division of Rate Setting, which shall provide the Agency of Human Services with special financial, accounting, auditing, and related legal expertise for the purpose of rate set…

§ 903. Division, staff The Director, with the approval of the Secretary, may employ such professional and clerical personnel as are necessary for the implementation of this chapter. The Director, with the approval of the Secretary, may also enter into contracts with attorneys, pr…

§ 904. Rate setting (a) The Director shall establish by rule procedures for determining payment rates for care of State-assisted persons to nursing homes and to such other providers as the Secretary shall direct. The Secretary shall have the authority to establish rates that the …

§ 905. Basis for determination of nursing home rates (a)(1) Consistent with the objectives established under section 901 of this title, the Division shall develop a payment system based on cost categories established for each nursing home. The system shall include no fewer than t…

§ 906. Facility payment (a) The payment rate for each facility shall be the sum of its per diem allowance for each cost category, subject to such limitations as the Secretary shall prescribe by rule pursuant to section 907 of this title. (b) The payment for each facility’s direct…

§ 907. Payment limits (a) The Director shall establish payment limits consistent with the provisions of section 901 of this title to encourage the economic and efficient operation of nursing homes and other providers. (b) The payment limits shall not act as a disincentive for nur…

§ 908. Powers and duties (a) Each nursing home or other provider shall file with the Division, on request, such data, statistics, schedules, or information as the Division may require to enable it to carry out its function. Information received from a nursing home under this sect…

§ 909. Appeal (a) A nursing home that feels aggrieved by a final order of the Division may do any of the following: (1) Have the right of direct appeal to the Vermont Supreme Court pursuant to the Vermont Rules of Civil Procedure and the Vermont Rules of Appellate Procedure under…

§ 910. Availability of payment for nursing home services The Secretary may, with 90 days’ notice to the nursing home, reduce the number of days of nursing home service or the number of nursing home beds for which payments are available under the State/federal medical assistance p…

§ 911. Payment rates for providers of community-based services (a) The Secretary of Human Services shall calculate payment rates for providers of community-based services that are reasonable and adequate to achieve the required outcomes for the populations they serve. When calcul…

§ 1001. Definitions As used in this chapter: (1) [Repealed.] (2) [Repealed.] (3) “Adult” means an individual who: (A) is 18 years of age or older and not a dependent child; or (B) is under 18 years of age and: (i) is pregnant; or (ii) is a parent who is the caretaker for a depend…

§ 1002. Purpose (a) The purpose of the Reach First program is: (1) to stabilize families in crisis, assess the family’s strengths and needs, and orient families to the programs, services, assistance, and participant responsibilities available to improve self-sufficiency, attain e…

§ 1003. Eligibility (a) A family shall be eligible for the Reach First program if the family’s income and resources are below the limits established for the Reach Up program, and the family resides in Vermont. All applicants for programs under this chapter or chapter 11 or 12 of …

§ 1004. Reach First payment (a) An eligible family shall receive a short-term cash payment, which is the equivalent of up to 120 days of Reach Up financial assistance for the relevant family size with the same income. The family may receive the payment in installments or a lump s…

§ 1005. Required services to participating families (a) The Commissioner shall provide to all eligible families an orientation and an initial, up-front assessment to determine which programs, referrals, or services are appropriate. The orientation shall provide the family with in…