reglab/housing_qa huggingface dataset:
33 V.S.A. § 7302
2021 Vermont Statutes|Title 33 - Human Services|Chapter 73 - Nursing Home Residents' Bill of Rights|§ 7302. Adoption of grievance procedure

§ 7302. Adoption of grievance procedure|(a) The State Board of Health shall require every nursing home to submit a plan for a resident grievance mechanism with respect to the obligations of the nursing home to residents using its facilities. Every nursing home shall also submit a proposed notice to residents in accordance with section 7303 of this title. The plan and notice must be consistent with the provisions of section 7301 of this title and approved by the State Board of Health prior to certification of compliance or issuance or renewal of a license.(b) A resident grievance mechanism plan shall include a method by which each resident filing a grievance will be made aware of the State Long-Term Care Ombudsman and that the Ombudsman may be contacted as an alternative or in addition to the home's grievance mechanism. As used in this section, "Ombudsman" means the State Long-Term Care Ombudsman established in chapter 75 of this title pursuant to the Older Americans Act of 1965, as amended.(c) The grievance mechanism within the facility will provide at a minimum:  (1) designation of employees responsible for handling and assessing the validity of a grievance or recommendation; (2) a method of investigating and assessing the validity of a grievance or recommendation; (3) methods of resolving grievances; and (4) methods of recording grievances and actions taken.   (d) Complaints that cannot be resolved by the grievance procedure within the facility shall be referred to the Ombudsman within seven working days.(e) Within seven days of receipt of the complaint, the Ombudsman shall notify the complainant and the nursing home that an investigation has been initiated and that a written report will be made to the complainant and the nursing home within 14 days. (Added 1985, No. 153 (Adj. Sess.); amended 1989, No. 71, § 2; 1989, No. 219 (Adj. Sess.), § 9(a); 2005, No. 174 (Adj. Sess.), § 135; 2021, No. 20, § 365.)
33 V.S.A. § 7303
2021 Vermont Statutes|Title 33 - Human Services|Chapter 73 - Nursing Home Residents' Bill of Rights|§ 7303. Notice to residents; posting

§ 7303. Notice to residents; posting|(a) A summary of the obligations of the nursing home to residents using its facilities shall be written in clear language, in easily readable print, and posted conspicuously in a public place on each floor of the home. This notice shall also summarize the facility's grievance procedure and directions for contacting the Office of the State Long-Term Care Ombudsman. The directions for contacting the Office of the State Long-Term Care Ombudsman shall be written by the Department of Disabilities, Aging, and Independent Living; shall include a description of the Ombudsman program; and shall be underscored.(b) A readable copy of this same notice shall be presented to each resident on admission together with an oral explanation of the rights, grievance procedure, and directions for contacting the Office of the State Long-Term Care Ombudsman. (Added 1985, No. 153 (Adj. Sess.); amended 1989, No. 71, § 3; 1989, No. 219 (Adj. Sess.), § 5; 2005, No. 174 (Adj. Sess.), § 136; 2013, No. 131 (Adj. Sess.), § 92, eff. May 20, 2014; 2021, No. 20, § 366.)
33 V.S.A. § 7304
2021 Vermont Statutes|Title 33 - Human Services|Chapter 73 - Nursing Home Residents' Bill of Rights|§ 7304. Administrative penalty

§ 7304. Administrative penalty|The Commissioner of Disabilities, Aging, and Independent Living may, after a hearing, impose an administrative penalty of not more than $1,000.00 against any facility or employee of a facility who violates a provision of this chapter. (Added 1985, No 153 (Adj. Sess.); amended 1989, No. 219 (Adj. Sess.), § 6; 2005, No. 174 (Adj. Sess.), § 137.)
33 V.S.A. § 7305
2021 Vermont Statutes|Title 33 - Human Services|Chapter 73 - Nursing Home Residents' Bill of Rights|§ 7305. Readmission

§ 7305. Readmission|Notwithstanding any provision of this chapter to the contrary, a facility may petition the Commissioner of Disabilities, Aging, and Independent Living to deny readmission to the facility of any former resident returning from a period of hospitalization. A petition shall be made as soon as possible after the hospitalization of the resident and only shall be granted if in the judgment of the Commissioner, upon consultation with the State Long-Term Care Ombudsman, the resident has exhibited a nonremedial pattern of violent behavior that poses a danger to others. (Added 1985, No. 153 (Adj. Sess.); amended 1989, No. 71, § 4; 1989, No. 219 (Adj. Sess.), § 7; 2005, No. 174 (Adj. Sess.), § 138; 2021, No. 20, § 367.)
33 V.S.A. § 7306
2021 Vermont Statutes|Title 33 - Human Services|Chapter 73 - Nursing Home Residents' Bill of Rights|§ 7306. Resident's representative.

§ 7306. Resident's representative.|(a) Except as provided in subsection (b) of this section, the rights and obligations established under this chapter shall devolve to a resident's guardian, next of kin, sponsoring agency, or representative payee (except when the facility itself is a representative payee) if the resident:  (1) has been adjudicated incompetent; (2) has been found by his or her physician to be medically incapable of understanding or exercising the rights granted under this chapter; or (3) exhibits a communication barrier.   (b) Notwithstanding the provisions of subsection (a) of this section, consent for a do-not-resuscitate order or a clinician order for life-sustaining treatment shall be provided or withheld only by the resident, by the resident's guardian or agent, or by a surrogate designated pursuant to 18 V.S.A. chapter 231, subchapter 2.(c)(1) A resident's representative identified in subsections (a) and (b) of this section shall make decisions for the resident by attempting to determine what the resident would have wanted under the circumstances. In making the determination, the resident's representative shall consider the following:   (A) the resident's specific instructions or wishes as expressed to a spouse, adult child, parent, adult sibling, adult grandchild, clergy person, health care provider, or any other adult who has exhibited specific care or concern for the resident; and (B) the representative's knowledge of the resident's personal preferences, values, or religious or moral beliefs.  (2) If the resident's representative cannot determine what the resident would have wanted under the circumstances, the representative shall make a determination through an assessment of the resident's best interests. When making a decision for the resident on this basis, the representative shall not authorize the provision or withholding of health care on the basis of the resident's economic status or a preexisting, long-term mental or physical disability. (3) When making a determination under this section, representatives shall not consider their own interests, wishes, values, or beliefs.   (d) Notwithstanding the provisions of subsection (a) of this section, the facility shall make every reasonable effort to communicate the rights and obligations established under this chapter directly to the resident. (Added 1985, No. 153 (Adj. Sess.); amended 1989, No. 71, § 5; 1999, No. 91 (Adj. Sess.), § 37; 2013, No. 131 (Adj. Sess.), § 93, eff. May 20, 2014; 2015, No. 23, § 50; 2015, No. 136 (Adj. Sess.), § 2, eff. Jan. 1, 2018.)
33 V.S.A. § 7502
2021 Vermont Statutes|Title 33 - Human Services|Chapter 75 - State Long-Term Care Ombudsman|§ 7502. Office of the Long-Term Care Ombudsman established

§ 7502. Office of the Long-Term Care Ombudsman established|The Office of the Long-Term Care Ombudsman is established in the Department of Disabilities, Aging, and Independent Living to represent the interests of older persons and persons with disabilities under 60 years of age receiving long-term care in accordance with the provisions of this chapter and the Older Americans Act. Subject to the provisions of 42 U.S.C. § 3058g, the Department may operate the Office and carry out the program directly or by contract or other arrangement with any public agency or nonprofit private organization. The Office shall be headed by the State Long-Term Care Ombudsman. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 1993, No. 132 (Adj. Sess.), § 1; 1995, No. 174 (Adj. Sess.), § 4; 2005, No. 56, § 3, eff. June 13, 2005; 2005, No. 174 (Adj. Sess.), § 139; 2017, No. 23, § 1.)
33 V.S.A. § 7503
2021 Vermont Statutes|Title 33 - Human Services|Chapter 75 - State Long-Term Care Ombudsman|§ 7503. Responsibilities of the Office

§ 7503. Responsibilities of the Office|The Office shall:  (1) investigate and resolve complaints on behalf of individuals receiving long-term care; (2) analyze and monitor the development and implementation of federal, State, and local laws and of rules, regulations, and policies relating to long-term care, long-term care facilities, or providers of long-term care and recommend changes it deems appropriate; (3) provide information to the public, agencies, legislators, and others, as it deems necessary, regarding problems and concerns of individuals receiving long-term care, including recommendations related to such problems and concerns; (4) develop and establish policies and procedures for involvement by volunteers in the work of the Office; (5) promote the development of citizen and consumer organizations in the work of the Office and the quality of life of individuals receiving long-term care; (6) establish policies and procedures for protecting the confidentiality of its clients as required by the Older Americans Act; (7) establish qualifications and training for the Ombudsman and representatives of the Office, monitor their performance, and establish procedures for certifying staff and volunteers; (8) train persons and organizations in advocating for the interests of individuals receiving long-term care; (9) develop and implement a uniform reporting system to collect and analyze information relating to complaints by individuals receiving long-term care and conditions in long-term care facilities; (10) submit to the General Assembly and the Governor on or before January 15 of each year a report on complaints by individuals receiving long-term care, conditions in long-term care facilities, and the quality of long-term care and recommendations to address identified problems; (11) perform such other activities as the Office deems necessary on behalf of individuals receiving long-term care. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 2005, No. 56, § 3, eff. June 13, 2005; 2017, No. 23, § 1; 2021, No. 20, § 368.)
33 V.S.A. § 7505
2021 Vermont Statutes|Title 33 - Human Services|Chapter 75 - State Long-Term Care Ombudsman|§ 7505. Cooperation of State agencies

§ 7505. Cooperation of State agencies|(a) All State agencies shall comply with reasonable requests of the Ombudsman for information and assistance and shall comply with the requirements for State agencies set forth in 45 C.F.R. § 1324.15.(b) The Secretary of Human Services may adopt rules necessary to ensure that departments within the Agency of Human Services cooperate with the Ombudsman's office. Cooperation shall include providing information regarding conditions and care in long-term care facilities. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 2017, No. 23, § 1.)
33 V.S.A. § 7506
2021 Vermont Statutes|Title 33 - Human Services|Chapter 75 - State Long-Term Care Ombudsman|§ 7506. Disclosure of information

§ 7506. Disclosure of information|(a) In determining whether and to what extent to disclose files, records, and other information maintained by the Ombudsman program, the Ombudsman shall:  (1) have the sole authority to make or delegate determinations concerning the disclosure of files, records, and other information maintained by the Ombudsman program, and shall comply with Section 712(d) of the federal Older Americans Act, 42 U.S.C. § 3058g(d), in responding to requests for disclosure of files, records, and other information, regardless of the format of the file, record, or other information; the source of the request; or the sources of funding for the Ombudsman program; (2) develop and adhere to criteria to guide the Ombudsman's discretion in determining whether to disclose the files, records, or other information; and (3) develop and adhere to a process for appropriate disclosure of information maintained by the Ombudsman's office.   (b) Except as otherwise required by law, the Ombudsman program shall not disclose identifying information relating to any resident on whom the Ombudsman program maintains files, records, or information unless:  (1) the resident or resident representative communicates informed consent to the disclosure and consent is provided in writing or through the use of auxiliary aids and services; (2) the resident or resident representative communicates informed consent orally, visually, or through the use of auxiliary aids and services and the Ombudsman or a representative of the Office documents the consent contemporaneously in accordance with established procedures; or (3) disclosure is required by court order.   (c) The Ombudsman program shall not disclose identifying information relating to any complainant on whom the Ombudsman program maintains files, records, or information unless:  (1) the complainant communicates informed consent to the disclosure and consent is provided in writing or through the use of auxiliary aids and services; (2) the complainant communicates informed consent orally, visually, or through the use of auxiliary aids and services and the Ombudsman or a representative of the Office documents the consent contemporaneously in accordance with established procedures; or (3) disclosure is required by court order. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 2017, No. 23, § 1.)
33 V.S.A. § 7507
2021 Vermont Statutes|Title 33 - Human Services|Chapter 75 - State Long-Term Care Ombudsman|§ 7507. Immunity

§ 7507. Immunity|No civil liability shall attach to the Ombudsman or any representative of the Office for good faith performance of the functions, responsibilities, or duties imposed by this chapter. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 2017, No. 23, § 1.)
33 V.S.A. § 7508
2021 Vermont Statutes|Title 33 - Human Services|Chapter 75 - State Long-Term Care Ombudsman|§ 7508. Interference and retaliation

§ 7508. Interference and retaliation|(a) A person who engages in willful interference as defined in this chapter shall be imprisoned not more than one year or fined not more than $5,000.00, or both.(b) A person who takes discriminatory, disciplinary, or retaliatory action against an employee, resident, or volunteer of a long-term care facility, an entity that provides long-term care through the Choices for Care program contained within Vermont's Global Commitment to Health Section 1115 demonstration, or an agency for any communication made, or information disclosed, to aid the Ombudsman's office in carrying out its functions, duties, and responsibilities, unless the original communication or disclosure was done maliciously or without good faith, shall be imprisoned not more than one year or fined not more than $5,000.00, or both. An employee, resident, or volunteer of a long-term care facility, an entity that provides long-term care through the Choices for Care program contained within Vermont's Global Commitment to Health Section 1115 demonstration, or an agency may seek damages in Superior Court against a person who takes such action prohibited by this subsection. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 2013, No. 131 (Adj. Sess.), § 95; 2017, No. 23, § 1.)
33 V.S.A. § 7510
2021 Vermont Statutes|Title 33 - Human Services|Chapter 75 - State Long-Term Care Ombudsman|§ 7510. Legal assistance

§ 7510. Legal assistance|(a)(1) A contract for Ombudsman services shall require the Ombudsman program to secure adequate legal counsel that is available, has competencies relevant to the legal needs of the Ombudsman program and of residents, and is without conflict of interest, in order to:   (A) provide consultation and representation as needed to enable the Ombudsman program to protect the health, safety, welfare, and rights of residents; and (B) provide consultation or representation, or both, as needed to assist the Ombudsman and representatives of the Office in the performance of their official functions, responsibilities, and duties, including complaint resolution and systems advocacy.  (2) Notwithstanding the provisions of subdivision (1) of this subsection, if the Ombudsman or representatives of the Office are State employees, the Office of the Attorney General shall provide legal representation and advice to the Ombudsman and the representatives of the Office.   (b) Legal representation of the Ombudsman program by the Ombudsman or a representative of the Office who is a licensed attorney shall not by itself constitute adequate legal counsel. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 1993, No. 132 (Adj. Sess.), § 2; 2017, No. 23, § 1.)
33 V.S.A. § 7601
2021 Vermont Statutes|Title 33 - Human Services|Chapter 76 - Choices for Care|§ 7601. Definitions

§ 7601. Definitions|As used in this chapter:  (1) "Commissioner" means the Commissioner of Disabilities, Aging, and Independent Living. (2) "Department" means the Department of Disabilities, Aging, and Independent Living. (3) "Savings" means the difference remaining at the conclusion of each fiscal year between the amount of funds appropriated for Choices for Care and the sum of expended and obligated funds, less an amount equal to one percent of that fiscal year's total Choices for Care expenditure. The one percent shall function as a reserve to avoid implementing a High Needs wait list due to unplanned Choices for Care budget pressures throughout the fiscal year. (Added 2018, No. 11 (Sp. Sess.), § E.308.)
33 V.S.A. § 7602
2021 Vermont Statutes|Title 33 - Human Services|Chapter 76 - Choices for Care|§ 7602. Calculating and allocating savings

§ 7602. Calculating and allocating savings|(a)(1) The Department shall calculate savings and investments in Choices for Care and report the amount of savings to the Joint Fiscal Committee, the House Committees on Appropriations and on Human Services, and the Senate Committees on Appropriations and on Health and Welfare on or before September 15 of each year. The Department shall not reduce the base funding needed in a subsequent fiscal year prior to calculating savings for the current fiscal year.  (2) After reporting the savings in accordance with subdivision (1) of this subsection, the Commissioner shall determine how to allocate available Choices for Care program savings in accordance with this section.   (b) Savings shall be one-time investments or shall be used in ways that are sustainable into the future. Use of savings shall be based on the assessed needs of Vermonters as identified by the Department and its stakeholders. Priority for the use of any identified savings after the needs of all individuals meeting the terms and conditions of the waiver have been met shall be given to home- and community-based services. As used in this chapter, "home- and community-based services" includes all home-based services and Enhanced Residential Care.(c) Savings may be used to:  (1) increase Choices for Care home- and community-based provider rates; (2) increase Choices for Care self-directed service budgets; (3) expand Choices for Care capacity to accommodate additional enrollees; (4) expand Choices for Care home- and community-based service options; (5) address Choices for Care quality improvement outcomes; and (6) fund investments to serve older Vermonters and Vermonters with disabilities outside Choices for Care, understanding non-Medicaid services are not eligible for a federal match.   (d) Savings shall not be used to:  (1) increase nursing home rates already addressed pursuant to section 905 of this title; or (2) pay for budget pressures related to the Collective Bargaining Agreement for independent direct support workers. (Added 2018, No. 11 (Sp. Sess.), § E.308; amended 2021, No. 20, § 369.)
33 V.S.A. § 7801
2021 Vermont Statutes|Title 33 - Human Services|Chapter 78 - Individuals With Traumatic Brain Injury (Tbi)|§ 7801. Vermont Traumatic Brain Injury Fund

§ 7801. Vermont Traumatic Brain Injury Fund|(a) The Vermont Traumatic Brain Injury Fund is established in the Office of the State Treasurer as a special fund to be a source of financing for services for individuals with TBI and for programs established by or through contracts with the Agency of Human Services for the treatment of traumatic brain injuries.(b) Into the Fund shall be deposited proceeds from grants, donations, contributions, taxes, and any other sources of revenue as may be provided by statute, rule, or act of the General Assembly.(c) The Fund shall be administered pursuant to 32 V.S.A. chapter 7, subchapter 5, except that interest earned on the fund and any remaining balance shall be retained in the Fund.(d) All monies received by or generated to the Fund shall be used only as allowed by appropriation of the General Assembly for the administration and delivery of services for individuals with TBI and for programs for the treatment of brain injuries established by or through contracts with the Agency of Human Services.(e) The Agency of Human Services shall develop a policy for disbursement of monies from the fund created in subsection (a) of this section and submit the policy to the Joint Fiscal Committee for approval at its September 2008 meeting. (Added 2007, No. 153 (Adj. Sess.), § 9a.)