reglab/housing_qa huggingface dataset:
33 V.S.A. § 1906
2021 Vermont Statutes|Title 33 - Human Services|Chapter 19 - Medical Assistance|§ 1906. Recoupment of amounts spent on child medical care

§ 1906. Recoupment of amounts spent on child medical care|(a) The State Medicaid agency, any State agency administering health benefits or a health benefit plan for which Medicaid is a source of funding, or the Office of Child Support may recoup the amounts paid by the State for child medical expenses from any person who is required by court or administrative order to provide coverage of the cost of health services to a child eligible for medical assistance under Medicaid; and who either:  (1) Has received payment from a third party for the costs of such services, but has not used the payments to reimburse either the other parent or guardian of the child or the provider of the services. Claims for current and past due child support shall take priority over these claims. (2) Has failed to give any notice required by 15 V.S.A. § 663(d).   (b) In addition to any other remedies available at law, all remedies available for the collection and enforcement of child support under 15 V.S.A. chapter 11 shall apply to medical support recoupment under this section. (Added 1993, No. 231 (Adj. Sess.), § 4; amended 2015, No. 23, § 56.)
33 V.S.A. § 1906a
2021 Vermont Statutes|Title 33 - Human Services|Chapter 19 - Medical Assistance|§ 1906a. Recovery against estate; homestead exemptions

§ 1906a. Recovery against estate; homestead exemptions|No recovery of medical expenses shall be made under this subchapter against a homestead provided that the homestead would pass to one or more lineal heirs or siblings of the decedent who either have income below 300 percent of the federal poverty level or who have contributed significantly, monetarily or otherwise, to the decedent so as to allow the decedent to delay or avoid nursing home placement. If a maximum homestead value exemption is allowed by federal law, then any recoveries due to the U.S. Department of Health and Human Services on homesteads valued between such maximum and $125,000.00 shall be paid through State general funds provided the caregiving or poverty standards set forth in this section are also met and the probate estate was opened after June 30, 2000. (Added 1999, No. 62, § 125; amended 1999, No. 152 (Adj. Sess.), § 117a, eff. May 29, 2000; 2013, No. 131 (Adj. Sess.), § 42, eff. May 20, 2014.)
33 V.S.A. § 1907
2021 Vermont Statutes|Title 33 - Human Services|Chapter 19 - Medical Assistance|§ 1907. Subrogation

§ 1907. Subrogation|To the extent that payment for covered expenses has been made under the Medicaid program or through any State agency administering health benefits or a health benefit plan for which Medicaid is a source of funding for health care items or services furnished to an individual, in any case where a third party has a legal liability to make payments, the State is considered to have acquired the rights of the individual to payment by any other party for those health care items or services. An insurer shall accept the Agency's right to recovery and the assignment to the Agency of any right of a person to payment from the third party for medical services for which the Agency has made payment under this chapter. (Added 1993, No. 231 (Adj. Sess.), § 5; amended 2007, No. 65, § 110b; 2013, No. 131 (Adj. Sess.), § 43, eff. May 20, 2014.)
33 V.S.A. § 1909
2021 Vermont Statutes|Title 33 - Human Services|Chapter 19 - Medical Assistance|§ 1909. Direct payments to Agency; discharge of insurer's obligation

§ 1909. Direct payments to Agency; discharge of insurer's obligation|(a) When a recipient who is covered by the recipient's or a legally liable representative's insurer receives medical benefits under this subchapter, payment for covered services or notice of denial shall be issued directly to the provider.(b) A provider shall indicate on any claim form submitted to an insurer for covered services whether or not the person receiving treatment is a recipient.(c)(1) An insurer which receives notice that the Agency has made payments to the provider shall pay benefits or send notice of denial directly to the Agency. Receipt of an Agency claim form by an insurer constitutes notice that payment of the claim was made by the Agency to the provider and that form supersedes any contract requirements of the insurer relating to the form of submission.  (2) An insurer shall respond to any request made by the Agency regarding a claim for payment for any health care item or service that is submitted not later than three years after the date of the provision of such health care item or service. (3) An insurer shall not deny a claim submitted by the Agency solely on the basis of the date of submission of the claim, the type or format of the claim form, or a failure to present proper documentation at the point-of-sale that is the basis of the claim, if the claim is submitted by the Agency within the three-year period beginning on the date on which the item or service was furnished and any action by the Agency to enforce its rights with respect to a claim is commenced within six years of the Agency's submission of the claim.   (d) An insurer which has been notified of a claim by the Agency under this section and proceeds to pay the claim to a person other than the Agency is not discharged from payment of the Agency's claim.(e) Payment to the Agency by an insurer under this section discharges the insurer's obligation for further payment on the claim to the extent of the amount paid. (Added 1995, No. 152 (Adj. Sess.), § 3; amended 2007, No. 65, § 110d.)
33 V.S.A. § 1912
2021 Vermont Statutes|Title 33 - Human Services|Chapter 19 - Medical Assistance|§ 1912. Findings and purpose

§ 1912. Findings and purpose|(a) Cigarette smoking presents serious public health concerns to the State of Vermont and to the citizens of Vermont. The Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after a person begins smoking.(b) Cigarette smoking also presents serious financial concerns for the State. Under certain health care programs, the State may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance. Under these programs, the State pays millions of dollars each year to provide medical assistance to these persons for health conditions associated with cigarette smoking.(c) It is the policy of the State that financial burdens imposed on the State by cigarette smoking be borne by tobacco product manufacturers rather than by the State to the extent that such manufacturers either determine to enter into a settlement with the State or are found culpable by the courts.(d) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the "Master Settlement Agreement," with the State. In return for a release of past, present, and certain future claims against these manufacturers as described therein, the Master Settlement Agreement obligates these manufacturers to:  (1) pay substantial sums to the State, tied in part to their volume of sales; (2) fund a national foundation devoted to the interests of public health; and (3) make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.   (e) It would be contrary to the policy of the State if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise, without ensuring that the State will have an eventual source of recovery from them if they are proven to have acted culpably. Consequently, it is in the interest of the State to require that such manufacturers establish a reserve fund to guarantee a source of compensation, and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise. (Added 1999, No. 130 (Adj. Sess.), § 1, eff. May 12, 2000.)
33 V.S.A. § 1915
2021 Vermont Statutes|Title 33 - Human Services|Chapter 19 - Medical Assistance|§ 1915. Findings and purpose

§ 1915. Findings and purpose|(a) The General Assembly finds that the provisions of this subchapter will enhance compliance with subchapter 1A of this chapter and further the policies and purposes of that subchapter.(b) The provisions of this subchapter are not intended to amend and shall not be interpreted as amending subchapter 1A of this chapter. (Added 2003, No. 14, § 1.)
33 V.S.A. § 1916
2021 Vermont Statutes|Title 33 - Human Services|Chapter 19 - Medical Assistance|§ 1916. Definitions

§ 1916. Definitions|As used in this subchapter:  (1) "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including "menthol," "lights," "kings," and "100s," and includes a brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. (2) "Cigarette" has the same meaning as in subdivision 1913(4) of this title. (3) "Commissioner" means the Commissioner of Taxes. (4) "Wholesale dealer" has the same meaning as in 32 V.S.A. § 7702(16). (5) "Master Settlement Agreement" has the same meaning as in subdivision 1913(5) of this title. (6) "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer. (7) "Participating manufacturer" has the same meaning as in section II(jj) of the Master Settlement Agreement and all amendments to the Agreement. (8) "Qualified escrow fund" has the same meaning as in subdivision 1913(6) of this title. (9) "Retail dealer" has the same meaning as in 32 V.S.A. § 7702(10). (10) [Repealed.] (11) "Tobacco product manufacturer" has the same meaning as in subdivision 1913(9) of this title. (12) "Units sold" has the same meaning as in subdivision 1913(10) of this title. (Added 2003, No. 14, § 1; amended 2015, No. 57, § 83, eff. June 11, 2015; 2021, No. 20, § 301.)
33 V.S.A. § 1919
2021 Vermont Statutes|Title 33 - Human Services|Chapter 19 - Medical Assistance|§ 1919. Prohibition against the stamping and sale of cigarettes not included in the directory

§ 1919. Prohibition against the stamping and sale of cigarettes not included in the directory|No person shall affix a tax stamp to or sell or offer for sale in this State any package or container of cigarettes manufactured by a tobacco product manufacturer or belonging to a brand family that is not included in the directory, or sell, offer, or possess for sale, in this State, cigarettes of a tobacco product manufacturer or brand family not included in the directory. (Added 2003, No. 14, § 1.)
33 V.S.A. § 1920
2021 Vermont Statutes|Title 33 - Human Services|Chapter 19 - Medical Assistance|§ 1920. Agent for service of process

§ 1920. Agent for service of process|(a) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the State as a foreign corporation or other business entity shall, as a condition precedent to having its brand families included or retained in the directory, appoint and continually engage without interruption the services of an agent in this State to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this subchapter or subchapter 1A of this chapter, or both, may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, telephone number, and satisfactory proof of the appointment and availability of such agent to the Attorney General. The Secretary of State shall be designated as agent for service of process for importers of nonparticipating manufacturers located outside the United States. Service shall be made upon the Secretary of State in accordance with the provisions of 12 V.S.A. §§ 851 and 852.(b) The nonparticipating manufacturer shall provide notice to the Attorney General 30 calendar days prior to termination of the authority of any such agent and shall further provide proof to the satisfaction of the Attorney General of the appointment of a new agent no less than five calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agent appointment, the nonparticipating manufacturer shall notify the Attorney General of said termination within five calendar days and shall include proof to the satisfaction of the Attorney General of the appointment of a new agent.(c) Any nonparticipating manufacturer whose cigarettes are sold in this State who has not appointed and engaged an agent as required by this section shall be deemed to have appointed the Secretary of State as such agent and may be proceeded against in courts of this State by service of process upon the Secretary of State; provided, however, that the appointment of the Secretary of State as such agent shall not satisfy the condition precedent, required by subsection (a) of this section, for having the individual styles or brands of cigarettes or, if applicable, brand families of the nonparticipating manufacturer included or retained in the directory. (Added 2003, No. 14, § 1; amended 2011, No. 166 (Adj. Sess.), § 5; 2021, No. 20, § 304.)
33 V.S.A. § 1922
2021 Vermont Statutes|Title 33 - Human Services|Chapter 19 - Medical Assistance|§ 1922. Quarterly escrow deposits

§ 1922. Quarterly escrow deposits|To promote compliance with the provisions of this subchapter, the Attorney General may adopt rules requiring a nonparticipating manufacturer to make the escrow deposits required by subchapter 1A of this chapter in quarterly installments during the year in which the sales covered by such deposits are made. (Added 2003, No. 14, § 1; amended 2015, No. 23, § 137.)
33 V.S.A. § 1923
2021 Vermont Statutes|Title 33 - Human Services|Chapter 19 - Medical Assistance|§ 1923. Penalties and other remedies

§ 1923. Penalties and other remedies|(a) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a stamping agent has violated this subchapter or any rule adopted pursuant to this subchapter, the Attorney General may, for each violation of this subchapter, also impose a civil penalty in an amount not to exceed the greater of 500 percent of the retail value of the cigarettes sold, offered for sale, or possessed for sale in violation of this subchapter or $5,000.00. Each stamp affixed and each sale or offer to sell cigarettes in violation of section 1919 of this subchapter shall constitute a separate violation.(b) The Attorney General may seek an injunction to restrain a threatened or actual violation of this subchapter by a stamping agent and to compel the stamping agent to comply with the provisions of this subchapter. In any action brought pursuant to this section, the State shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney's fees.(c) It shall be unlawful for a person to:  (1) Sell or distribute cigarettes that the person knows or should know are intended for distribution or sale in the State in violation of this subchapter. (2) Acquire, hold, own, possess, transport, import, or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in the State in violation of this subchapter. A violation of this section shall be a misdemeanor punishable by imprisonment for not more than one year and a fine of not more than $5,000.00, or both.   (d) A person who violates section 1919 of this title engages in an unfair and deceptive trade practice in violation of the State's Consumer Protection Act, 9 V.S.A. § 2451 et seq.(e) If a court determines that a person has violated the provisions of this subchapter, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the State Treasurer for deposit in the Tobacco Litigation Settlement Fund established pursuant to 32 V.S.A. § 435a.(f) Unless otherwise expressly provided, the penalties or remedies, or both, provided by this subchapter are cumulative to each other and to the penalties or remedies, or both, available under all other laws of this State. (Added 2003, No. 14, § 1; amended 2011, No. 109 (Adj. Sess.), § 3, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1b, eff. May 18, 2012; 2021, No. 20, § 305.)
33 V.S.A. § 1924
2021 Vermont Statutes|Title 33 - Human Services|Chapter 19 - Medical Assistance|§ 1924. Miscellaneous provisions

§ 1924. Miscellaneous provisions|(a) The first report of stamping agents required by section 1921 of this title shall be due 30 days after the effective date of this subchapter; the initial certification of a tobacco product manufacturer required by section 1917 of this title shall be due 45 days after the effective date of this subchapter; and the directory described in section 1918 of this title shall be published or made available within 120 days after the effective date of this subchapter.(b) Both the Attorney General and the Commissioner may adopt rules necessary to effect the purposes of this subchapter.(c) In any action brought by the State to enforce the provisions of this subchapter, the State shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney's fees.(d) If a court of competent jurisdiction finds that the provisions of this subchapter and subchapter 1A of this chapter conflict and cannot be harmonized, then such provisions of subchapter 1A shall control. If any section, subsection, subdivision, sentence, or phrase of this subchapter causes subchapter 1A of this chapter to no longer constitute a qualifying act or model statute, as those terms are defined in the Master Settlement Agreement, then that portion of this subchapter shall not apply. If any section, subsection, subdivision, sentence, or phrase of this subchapter is for any reason held to be invalid, unlawful, or unconstitutional, such decision shall not affect the validity of the remaining portions of this subchapter or any part thereof. (Added 2003, No. 14, § 1; amended 2021, No. 20, § 306.)
33 V.S.A. § 1925
2021 Vermont Statutes|Title 33 - Human Services|Chapter 19 - Medical Assistance|§ 1925. Joint and several liability of importers on nonparticipating manufacturer's brand families

§ 1925. Joint and several liability of importers on nonparticipating manufacturer's brand families|Each nonparticipating manufacturer located outside the United States and each importer of any nonparticipating manufacturer's brand families that are sold in the State shall bear joint and several liability for the deposit of all escrow due and payment of all penalties, costs, and attorney's fees imposed under this subchapter. The nonparticipating manufacturer, as a condition to being listed on the directory, shall provide a declaration on a form prescribed by the Attorney General from each of its importers of any of its brand families to be sold in the State that the importer accepts joint and several liability for all escrow deposits due pursuant to section 1914 of this title and for all penalties, costs, and attorney's fees assessed under section 1914 of this title. (Added 2011, No. 166 (Adj. Sess.), § 4, eff. May 16, 2012.)
33 V.S.A. § 1950
2021 Vermont Statutes|Title 33 - Human Services|Chapter 19 - Medical Assistance|§ 1950. Purpose

§ 1950. Purpose|(a) The purpose of this subchapter is to establish assessments on health care providers, which funds shall be used in the State's health care program in such a way as to be eligible for federal financial participation.(b) The Secretary and the Commissioner shall interpret and administer the provisions of this subchapter so as to maximize federal financial participation and avoid disallowances of federal financial participation.(c) If the purpose of this subchapter can no longer be accomplished, the Secretary of Human Services shall so notify the General Assembly on or before the following February 15. (Added 1991, No. 253 (Adj. Sess.), § 1; amended 1993, No. 56, § 1, eff. June 3, 1993; 2005, No. 71, § 282; 2009, No. 156 (Adj. Sess.), § I.51.)
33 V.S.A. § 1952
2021 Vermont Statutes|Title 33 - Human Services|Chapter 19 - Medical Assistance|§ 1952. General provisions

§ 1952. General provisions|(a) The Secretary of Human Services shall adopt rules necessary for the implementation of this subchapter.(b) The Department may use not more than one percent of the assessments received under the provisions of this subchapter for necessary administrative expenses associated with this subchapter.(c) The budget of any hospital assessed under the provisions of this subchapter that includes a nursing home, home health agency, or physician's office practice shall have its assessment based only on the hospital portion of its budget. The nursing home and home health agency components of the budget shall be assessed separately as provided for in this subchapter.(d) No health care provider conducted, maintained, or operated by the U.S. government shall be subject to an assessment levied under the provisions of this subchapter.(e) Each assessment imposed pursuant to this subchapter is the liability of the health care provider and no portion thereof shall be charged directly to any patient or resident, but may be treated as a cost of doing business for the purpose of determining rates and charges.(f) If a health care provider fails to pay its assessments under this subchapter according to the schedule or a variation thereof adopted by the Commissioner, the Commissioner may, after notice and opportunity for hearing, deduct these assessment arrears and any late-payment penalties from Medicaid payments otherwise due to the provider. The deduction of these assessment arrears may be made in one or more installments on a schedule to be determined by the Commissioner. (Added 1991, No. 94, § 1; amended 1991, No. 253 (Adj. Sess.), § 3; 1993, No. 56 § 1, eff. June 3, 1993; 1999, No. 49, § 201; 2005, No. 71, § 284; 2007, No. 190 (Adj. Sess.), § 49, eff. June 6, 2008; 2009, No. 156 (Adj. Sess.), § I.53.)