reglab/housing_qa huggingface dataset:
33 V.S.A. § 152
2021 Vermont Statutes|Title 33 - Human Services|Chapter 1 - Department for Children and Families|§ 152. Access to records

§ 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 individual subject to regulation by the Department or to carry out the Department's child protection obligations under chapters 49-59 of this title. The Commissioner shall first notify the person whose record is being requested.(b) The owner or operator of a facility licensed or registered by the Department may ask the Commissioner for the record of convictions and the record of substantiated reports of child abuse of a current employee or a person to whom the owner or operator has given a conditional offer of employment. The request shall be in writing and shall be accompanied by a release signed by the current or prospective employee. The owner or operator shall inform the current or prospective employee that he or she has the right to appeal the accuracy and completeness of the record. Upon receiving a request under this subsection, the Commissioner shall ask the Vermont Crime Information Center for the record of convictions of the current or prospective employee.(c) If the person has a record of convictions, the Commissioner shall provide the owner or operator with a copy of the record. If the person has a record of substantiated reports of child abuse, the Commissioner shall inform the requesting owner or operator that such record exists.(d) Information released to an owner or operator under this section shall not be released or disclosed by the owner or operator to any other person. Release or disclosure of such information by an owner or operator may result in the loss of the license or registration.(e) As used in this section:  (1) "Commissioner" means the Commissioner for Children and Families or the Commissioner's designee. (2) "Employee" shall include volunteers. (3) "Substantiated reports of child abuse" means reports of child abuse substantiated under section 4915 of this title. (4) "Volunteer" means an individual who, without compensation, provides services through a public or private organization. (Added 2013, No. 131 (Adj. Sess.), § 13, eff. May 20, 2014; amended 2015, No. 60, § 12.)
33 V.S.A. § 401
2021 Vermont Statutes|Title 33 - Human Services|Chapter 4 - Department of Vermont Health Access|§ 401. Composition of Department

§ 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 Reform; the Vermont Health Benefit Exchange; and Medicaid Policy, Fiscal, and Support Services. (Added 2009, No. 156 (Adj. Sess.), § I.79; amended 2011, No. 48, § 5; 2011, No. 171 (Adj. Sess.), § 36, eff. May 16, 2012.)
33 V.S.A. § 403
2021 Vermont Statutes|Title 33 - Human Services|Chapter 4 - Department of Vermont Health Access|§ 403. Financial institutions to furnish information

§ 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. § 30101. (4) "Financial institution" means any financial services provider, including a bank, credit union, broker-dealer, investment advisor, mutual fund, or investment company. (5) "Investment advisor" shall have the same meaning as in 9 V.S.A. § 5102. (6) "Mutual fund" shall have the same meaning as in 8 V.S.A. § 3461.   (b) A financial institution, when requested by the Commissioner of Vermont Health Access, shall furnish to the Commissioner or to an agent of the Department of Vermont Health Access information in the possession of the financial institution with reference to any person or his or her spouse who is applying for or is receiving assistance or benefits from the Department of Vermont Health Access. The Department of Vermont Health Access shall issue instructions to the financial institution detailing the nature of the request and the information necessary to satisfy the request.(c) A financial institution shall not be subject to criminal or civil liability for actions taken in accordance with subsection (b) of this section. (Added 2017, No. 210 (Adj. Sess.), § 6, eff. June 1, 2018.)
33 V.S.A. § 404
2021 Vermont Statutes|Title 33 - Human Services|Chapter 4 - Department of Vermont Health Access|§ 404. State agencies to furnish information

§ 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 paid or to be paid to any person or person's spouse who is applying for or is receiving assistance or benefits from the Department of Vermont Health Access.(b) The Commissioner of Taxes, when requested by the Commissioner of Vermont Health Access, and unless otherwise prohibited by federal law, shall compare the information furnished by an applicant or recipient of assistance with the State income tax returns filed by such person and shall report his or her findings to the Commissioner of Vermont Health Access. Each application for assistance shall contain a form of consent, executed by the applicant, granting permission to the Commissioner of Taxes to disclose such information to the Commissioner of Vermont Health Access.(c) On the first day of each month, each unit of the Superior Court shall provide to the Commissioner of Vermont Health Access a list of all estates, including testate, intestate, and small estates, opened during the previous calendar month within the jurisdiction of that unit's Probate Division. The list shall contain the following information for each estate:  (1) the decedent's full name; (2) the decedent's date of birth; (3) the decedent's date of death; (4) the docket number; (5) the date on which the estate was opened; and (6) the full name and contact information for the executor or administrator or his or her legal representative. (Added 2017, No. 210 (Adj. Sess.), § 8, eff. June 1, 2018.)
33 V.S.A. § 501
2021 Vermont Statutes|Title 33 - Human Services|Chapter 5 - Department of Disabilities, Aging, and Independent Living|§ 501. Disabilities, aging, and independent living policy

§ 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 receive services and benefits which they need and to which they are entitled by law; (3) be able to be full and active participants in the life of their communities, including competitive employment consistent with their abilities and interests; and (4) be protected against unlawful and unnecessary restriction.   (b) The programs of the Department of Disabilities, Aging, and Independent Living shall be administered in a manner consistent with this policy.(c) The laws pertaining to the Department of Disabilities, Aging, and Independent Living and its programs shall be construed liberally to carry out the policies stated in this section. (Added 1989, No. 219 (Adj. Sess.), § 3; amended 2005, No. 174 (Adj. Sess.), § 79.)
33 V.S.A. § 502
2021 Vermont Statutes|Title 33 - Human Services|Chapter 5 - Department of Disabilities, Aging, and Independent Living|§ 502. Definitions

§ 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 federal Americans with Disabilities Act of 1990 and regulations promulgated under the Act, as amended at any time. (3) "Commissioner" means the Commissioner of Disabilities, Aging, and Independent Living. (4) "Department" means the Department of Disabilities, Aging, and Independent Living. (5) "Home care services" include room, board, safety services, household services, and any specialized services to meet the unique needs of the individual. (6) "Older Americans Act" means the federal Older Americans Act of 1965 and regulations promulgated under the Act, as amended at any time. (7) "Older persons" means individuals who have attained the age of 60 years. (8) "Persons with disabilities" means individual Vermonters who have functional limitations by virtue of physical, psychiatric, cognitive, or psychological conditions. (9) "Rehabilitation Act" means the federal Rehabilitation Act of 1973 and regulations promulgated under the Act, as amended at any time. (10) "Social Security Act" means the federal Social Security Act and regulations promulgated under the Act, as amended at any time. (Added 1989, No. 219 (Adj. Sess.), § 3; amended 2005, No. 174 (Adj. Sess.), § 79; 2007, No. 37, § 1; 2013, No. 131 (Adj. Sess.), § 16, eff. May 20, 2014; 2021, No. 20, § 279.)
33 V.S.A. § 503
2021 Vermont Statutes|Title 33 - Human Services|Chapter 5 - Department of Disabilities, Aging, and Independent Living|§ 503. Composition of Department

§ 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, including the Division for the Blind and Visually Impaired and the Division of Vocational Rehabilitation. (Added 1989, No. 219 (Adj. Sess.), § 3; amended 2005, No. 174 (Adj. Sess.), § 79.)
33 V.S.A. § 505
2021 Vermont Statutes|Title 33 - Human Services|Chapter 5 - Department of Disabilities, Aging, and Independent Living|§ 505. Advisory Board

§ 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 members appointed by the Governor for terms of three years. Of these members, no fewer than 14 shall be individuals who are older persons or persons with disabilities, of which at least seven shall be selected for their familiarity with and interest in programs and issues affecting the interests of older persons, and seven shall be selected for their familiarity with and interest in programs and issues affecting the interests of persons with disabilities. Five members shall be selected to represent the interests of each of the five regions of the State. Persons who are paid providers of services to older persons and persons with disabilities shall not be appointed except as representatives of one of the five regions of the State or because they otherwise qualify for membership. The Advisory Board and Commissioner shall seek the advice and recommendations of paid service providers on an organized and regular basis.(c) The Governor shall designate the chair of the Board.(d) Members shall not be entitled to compensation but shall be reimbursed for actual and necessary expenses incurred in connection with their duties as members of the Board.(e) A vacancy shall be filled in the manner provided for the original appointment for the unexpired portion of that term.(f) The Board shall advise the Commissioner on matters related to the interests of older persons and persons with disabilities. It shall be guided generally by reference to the statements of objectives and policy found in the Older Americans Act and the Americans with Disabilities Act.(g) The Board may establish committees to facilitate its work and to ensure it pays adequate and appropriate attention to the range of issues for which the Department is responsible. The Board may also create ad hoc committees to address discrete issues as they arise.(h) The Commissioner shall ensure that the Advisory Board and its committees receive sufficient staff support to meet their responsibilities. (Added 1989, No. 219 (Adj. Sess.), § 3.)
33 V.S.A. § 601
2021 Vermont Statutes|Title 33 - Human Services|Chapter 6 - Prevention and Treatment of Sexual Abuse|§ 601. Center for the Prevention and Treatment of Sexual Abuse

§ 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 and the Commissioner for Children and Families.(b) The purpose of the Center shall be to protect Vermont's citizens from sexual assault and child sexual abuse. The Center shall oversee Vermont's systematic response to sexual assault and child sexual abuse, while recognizing that many agencies, organizations, and individuals have their own independent roles and responsibilities within this system.(c) The responsibilities of the Center shall include:  (1) coordinating sex offender treatment programs in correctional and juvenile institutions and in the community; (2) coordinating victim and family treatment programs; (3) providing support to sexual abuse prevention programs statewide and in local communities; (4) providing training to recognize and prevent sexual abuse in consultation with the Department of Corrections, the Department for Children and Families, the Department of Mental Health, the Department of State's Attorneys and Sheriffs, and other agencies, organizations, and individuals as are desirable and necessary; (5) providing a central organization for the acquisition and dissemination of information regarding best practices for the prevention of sexual violence; the treatment and supervision of adult and juvenile offenders; the provision of victims services; judicial practices conducive to public protection and the supervision of offenders; protocols for coordinated investigations of allegations of child sexual abuse; and any other information that may be beneficial in aiding Vermont's response to sexual abuse; (6) making available an array of services to sexually abused children and their family members; and (7) providing grants to community agencies to further the Center's purpose of protecting Vermont's citizens from sexual assault and child sexual abuse.   (d) The Commissioner of Corrections and the Commissioner for Children and Families shall be responsible for maintaining and providing staffing for the center. (Added 2009, No. 1, § 12, eff. March 4, 2009; amended 2011, No. 139 (Adj. Sess.), § 37, eff. May 14, 2012.)
33 V.S.A. § 900
2021 Vermont Statutes|Title 33 - Human Services|Chapter 9 - Division of Rate Setting|§ 900. Definitions

§ 900. Definitions|Unless otherwise required by the context, the words and phrases in this chapter shall be defined as follows:  (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 services to State-assisted persons pursuant to a contract or other form of agreement with the State. (5) "Secretary" means the Secretary of Human Services. (6) "State-assisted" means a person eligible for or receiving benefits administered by or in coordination with the Agency. (Added 1995, No. 160 (Adj. Sess.), § 9; amended 1997, No. 61, § 268; 2007, No. 172 (Adj. Sess.), § 9; 2013, No. 131 (Adj. Sess.), § 18, eff. May 20, 2014.)
33 V.S.A. § 901
2021 Vermont Statutes|Title 33 - Human Services|Chapter 9 - Division of Rate Setting|§ 901. Reimbursement objectives

§ 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 their source of payment; (3) provide an incentive to nursing homes to admit and provide care to persons in need of comparatively greater care; (4) be manageable administratively for both the State and nursing homes; and (5) prevent unnecessary cost increases. (Added 1989, No. 267 (Adj. Sess.), § 1, eff. July 1, 1991; amended 1995, No. 160 (Adj. Sess.), § 10.)
33 V.S.A. § 902
2021 Vermont Statutes|Title 33 - Human Services|Chapter 9 - Division of Rate Setting|§ 902. Division of Rate Setting, Director

§ 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 setting and such other duties as the Secretary shall direct.(b) The Division shall be headed by a director who shall report to the Secretary of the Agency or the Secretary's designee.(c) [Repealed.]  (Added 1977, No. 204 (Adj. Sess.), § 1; amended 1995, No. 160 (Adj. Sess.), § 11; 1997, No. 61, §§ 269, 271(b); 2005, No. 174 (Adj. Sess.), § 80; 2007, No. 172 (Adj. Sess.), § 9a.)
33 V.S.A. § 903
2021 Vermont Statutes|Title 33 - Human Services|Chapter 9 - Division of Rate Setting|§ 903. Division, staff

§ 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, private auditors, consultants, and registered or certified public accountants for additional services including auditing providers as may be necessary for the proper administration of this chapter. (Added 1977, No. 204 (Adj. Sess.), § 1; amended 1997, No. 61, § 270.)
33 V.S.A. § 904
2021 Vermont Statutes|Title 33 - Human Services|Chapter 9 - Division of Rate Setting|§ 904. Rate setting

§ 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 Secretary deems sufficient to ensure that the quality standards prescribed by section 7117 of this title are maintained, subject to the provisions of section 906 of this title. Beginning in State fiscal year 2003, the Medicaid budget for care of State-assisted persons in nursing homes shall employ an annual inflation factor that is reasonable and that adequately reflects economic conditions, in accordance with the provisions of Section 5.8 of the rules adopted by the Division of Rate Setting (Methods, Standards, and Principles for Establishing Medicaid Payment Rates for Long-Term Care Facilities).(b) No payment shall be made to any nursing home, on account of any State-assisted person, unless the nursing home is certified to participate in the State/federal medical assistance program and has in effect a provider agreement. (Added 1977, No. 204 (Adj. Sess.), § 1; amended 1981, No. 224 (Adj. Sess.), § 1, eff. May 4, 1982; 1989, No. 267 (Adj. Sess.), § 2, eff. July 1, 1991; 1995, No. 160 (Adj. Sess.), § 12; 1997, No. 61, § 270a; 2001, No. 63, § 99; 2013, No. 131 (Adj. Sess.), § 19, eff. May 20, 2014; 2021, No. 20, § 280.)
33 V.S.A. § 905
2021 Vermont Statutes|Title 33 - Human Services|Chapter 9 - Division of Rate Setting|§ 905. Basis for determination of nursing home rates

§ 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 the following three cost categories:   (A) direct care costs, which refer, at a minimum, to nursing salaries and nursing assistant wages, fringe benefits, and payroll taxes associated therewith; (B) indirect costs, which refer to all operating costs not established under subdivision (1) of this subdivision; and (C) property and related costs.  (2) At the discretion of the Director, the cost categories referred to in subdivision (1) of this subsection may be subdivided. Facilities may also be divided into groups, based on considerations such as size or other appropriate determinants within each cost category or subdivision thereof.   (b)(1) The basis for reimbursement within the direct care cost category shall be a resident classification system, which shall group residents into classes according to similarity of their assessed condition and required services. Each resident shall be assigned to one of no fewer than three classes, based on the nature and extent of nursing care needed. The Director may subdivide these classes.  (2) The direct care component of a nursing home's payment rate shall be reflective of the necessary professional and paraprofessional nursing staff time and costs required to address the care needs of the residents of the facility. (3) Assessments of residents for classification purposes shall be made on the basis of standardized information made available by each facility to the Division. Each nursing home shall assess all of its residents not less often than annually, in accordance with standards and a schedule developed by the Department of Disabilities, Aging, and Independent Living. The accuracy of the information shall be verified and final classifications made by the Department of Disabilities, Aging, and Independent Living.   (c) Rates shall be determined prospectively for each facility on the basis of cost reports submitted to the Director. The Director shall certify the rate for each facility annually by selecting a base year, setting a rate for the base year, and adjusting it annually by inflation factors which are reasonable and which adequately reflect economic conditions. The inflation factors may differ for direct care and other costs. The base years may be changed at different intervals for direct care and other costs. For direct care costs, such change shall occur no less frequently than once every three years, and, for other costs, no less frequently than once every four years, unless the Secretary of Human Services certifies to the General Assembly that it is not necessary to do so. (Added 1989, No. 267 (Adj. Sess.), § 3; amended 1995, No. 160 (Adj. Sess.), § 13; 2005, No. 174 (Adj. Sess.), § 81; 2013, No. 131 (Adj. Sess.), § 20, eff. May 20, 2014.)
33 V.S.A. § 906
2021 Vermont Statutes|Title 33 - Human Services|Chapter 9 - Division of Rate Setting|§ 906. Facility payment

§ 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 care costs shall be a function of the number of resident days of each resident class and shall be adjusted in a timely manner to reflect changes in the assessed needs of residents. (Added 1989, No. 267 (Adj. Sess.), § 4, eff. July 1, 1991; amended 1997, No. 61, § 270b.)
33 V.S.A. § 907
2021 Vermont Statutes|Title 33 - Human Services|Chapter 9 - Division of Rate Setting|§ 907. Payment limits

§ 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 nursing homes to address the assessed needs or improve the conditions of residents. (Added 1989, No. 267 (Adj. Sess.), § 5, eff. July 1, 1991; amended 1995, No. 160 (Adj. Sess.), § 14; 1997, No. 61, § 270c.)