reglab/housing_qa huggingface dataset:
18 V.S.A. § 9416
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9416. Vermont Program for Quality in Health Care

§ 9416. Vermont Program for Quality in Health Care|(a) The Commissioner of Health shall contract with the Vermont Program for Quality in Health Care, Inc. to implement and maintain a statewide quality assurance system to evaluate and improve the quality of health care services rendered by health care providers of health care facilities, including managed care organizations, to determine that health care services rendered were professionally indicated or were performed in compliance with the applicable standard of care, and that the cost of health care rendered was considered reasonable by the providers of professional health services in that area. The Commissioner of Health shall ensure that the information technology components of the quality assurance system comply with, and the Commissioner of Vermont Health Access shall ensure such components are incorporated into, the Statewide Health Information Technology Plan developed under section 9351 of this title and any other information technology initiatives coordinated pursuant to 3 V.S.A. § 3027.(b) The Vermont Program for Quality in Health Care, Inc. shall file an annual report with the Commissioner of Health. The report shall include an assessment of progress in the areas designated by the Commissioner of Health, including comparative studies on the provision and outcomes of health care and professional accountability.(c) Expenses incurred under this section by the Vermont Program for Quality in Health Care, Inc. shall be borne as follows: 35 percent by the hospitals, 15 percent by nonprofit hospital and medical service corporations licensed under 8 V.S.A. chapter 123 or 125, and 50 percent by health insurance companies licensed under 8 V.S.A. chapter 101, and health maintenance organizations licensed under 8 V.S.A. chapter 139. Expenses allocated under this section to persons licensed under 8 V.S.A. chapters 101 and 139 shall be billed based on premiums paid for health insurance coverage as defined in subsection 9415(b) of this title. Expenses allocated under this section shall not exceed 75 percent of the operating budget of the Vermont Program for Quality in Health Care, Inc. (Added 1995, No. 180 (Adj. Sess.), § 21a; amended 2005, No. 215 (Adj. Sess.), § 329; 2007, No. 70, § 33; 2009, No. 61, § 4; 2011, No. 171 (Adj. Sess.), § 30, eff. July 1, 2013; 2017, No. 85, § F.10, eff. June 28, 2017.)
18 V.S.A. § 9417
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9417. Tax-advantaged accounts for health-related expenses; administration; rulemaking

§ 9417. Tax-advantaged accounts for health-related expenses; administration; rulemaking|(a) As used in this section:  (1) "Flexible spending account" or "FSA" has the same meaning as in 26 U.S.C. § 106(c)(2). (2) "Health reimbursement arrangement" or "HRA" means any account-based reimbursement arrangement funded solely by employer contributions that reimburses an employee, spouse, or dependents, or a combination thereof, for medical care expenses incurred by the employee, spouse, dependents, or a combination thereof, up to a maximum coverage amount set by the employer for a given coverage period, and that is established pursuant to 26 U.S.C. §§ 105-106 and applicable guidance from the Internal Revenue Service. (3) "Health savings account" or "HSA" has the same meaning as in 26 U.S.C. § 223(d)(1).   (b) Any entity administering one or more HRAs, HSAs, FSAs, or similar tax-advantaged accounts for health-related expenses, or a combination of these, in this State is subject to the jurisdiction of the Commissioner of Financial Regulation pursuant to 8 V.S.A. § 10 and all other applicable provisions.(c) The Commissioner of Financial Regulation shall adopt rules pursuant to 3 V.S.A. chapter 25 to license and regulate, to the extent permitted under federal law, entities administering or proposing to administer one or more HRAs, HSAs, FSAs, or similar tax-advantaged accounts for health-related expenses, or a combination of these, in this State. The rules shall include:  (1) annual licensure or registration filing requirements; and (2) such requirements and qualifications for such entities as the Commissioner determines necessary to protect Vermont consumers and employers and to help ensure that funds are disbursed appropriately.   (d) Following the adoption of rules pursuant to subsection (c) of this section, an entity making an initial application for a license or registration to administer HRAs, HSAs, FSAs, or similar tax-advantaged accounts for health-related expenses, or a combination of these, in this State shall pay to the Commissioner a nonrefundable fee of $600.00 for examining, investigating, and processing the application. Each such entity shall also pay a renewal fee of $600.00 on or before December 31 every three years following initial licensure.(e) This section shall not apply to an employer that self-administers one or more tax-advantaged accounts on behalf of its own employees. (Added 2019, No. 54, § 1.)
18 V.S.A. § 9418e
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9418e. Most favored nation clauses prohibited

§ 9418e. Most favored nation clauses prohibited|No later than 180 days after the effective date of this section, no contracting entity shall do any of the following:  (1) offer to a provider, hospital, pharmacist, or pharmacy a health care contract that includes a most favored nation clause; (2) enter into a health care contract with a provider, hospital, pharmacist, or pharmacy that includes a most favored nation clause; or (3) amend an existing health care contract previously entered into with a provider, hospital, pharmacist, or pharmacy to include a most favored nation clause. (Added 2009, No. 61, § 34.)
18 V.S.A. § 9419
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9419. Charges for access to medical records

§ 9419. Charges for access to medical records|(a) A custodian may impose a charge that is no more than a flat $5.00 fee or no more than $0.50 per page, whichever is greater, for providing copies of an individual's health care record. A custodian shall provide an individual or the authorized recipient with an itemized bill for the charges assessed. A custodian shall not charge for providing copies of any health care record requested to support a claim or an appeal under any provision of the Social Security Act or for any other federal or State needs-based benefit or program.(b) A custodian may charge an individual a fee, reasonably related to the associated costs, for providing copies of X-rays, films, models, disks, tapes, or other health care record information maintained in other formats.(c) As used in this section:  (1) "Custodian" means any person who maintains health care information for any lawful purpose, including a health care provider, a health care facility, or a health insurer. (2) "Health care record" means all written and recorded health care information about an individual maintained by a custodian. (3) "Individual" means a natural person, alive or dead, who is the subject of health care information and includes, when appropriate, the individual's attorney-in-fact; legal guardian; health care agent, as defined in chapter 231 of this title; executor; or administrator. (Added 1999, No. 129 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 107.)
18 V.S.A. § 9422
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9422. Credit card payments optional for providers

§ 9422. Credit card payments optional for providers|(a) As used in this section:  (1) "Credit card payment" means a type of electronic funds transfer in which a health insurer or its contracted vendor issues a single-use series of numbers associated with payment for health care services delivered by a health care provider and chargeable for a predetermined dollar amount and in which the health care provider is responsible for processing the payment using a credit card terminal or Internet portal. The term includes virtual or online credit card payments in which no physical credit card is presented to the health care provider and the single-use credit card number expires upon payment processing. (2) "Health care provider" has the same meaning as in section 9402 of this title. (3) "Health insurer" means an insurance company that provides health insurance as defined in 8 V.S.A. § 3301(a)(2), a nonprofit hospital or medical service corporation, a managed care organization, a health maintenance organization, and, to the extent permitted under federal law, any administrator of an insured, self-insured, or publicly funded health care benefit plan offered by a public or private entity, as well as any entity offering a policy for specific disease, accident, injury, hospital indemnity, dental care, disability income, long-term care, or other limited benefit coverage.   (b) A health insurer or its contracted vendor shall not require a health care provider, including a dentist or ambulance service provider, to accept reimbursement by credit card payment unless the health care provider has affirmatively elected to receive payments in this manner. If a health care provider, including a dentist or ambulance service provider, does not affirmatively elect to receive reimbursement by credit card payment, the health insurer or its contracted vendor shall make payments to the provider in another manner. (Added 2021, No. 25, § 32, eff. Jan. 1, 2022.)
18 V.S.A. § 9431
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9431. Policy and purpose

§ 9431. Policy and purpose|(a) It is declared to be the public policy of this State that the general welfare and protection of the lives, health, and property of the people of this State require that all new health care projects be offered or developed in a manner that avoids unnecessary duplication and contains or reduces increases in the cost of delivering services, while at the same time maintaining and improving the quality of and access to health care services, and promoting rational allocation of health care resources in the State; and that the need, cost, type, level, quality, and feasibility of providing any new health care project be subject to review and assessment prior to any offering or development.(b) [Repealed.]  (Added 1979, No. 65, § 1; amended 1997, No. 159 (Adj. Sess.), § 6, eff. April 29, 1998; 2003, No. 53, § 8; 2011, No. 171 (Adj. Sess.), § 14a, eff. Jan. 1, 2013; 2017, No. 167 (Adj. Sess.), § 6.)
18 V.S.A. § 9433
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9433. Administration

§ 9433. Administration|(a) The Green Mountain Care Board shall exercise such duties and powers as necessary for the implementation of the certificate of need program as provided by and consistent with this subchapter. The Board shall issue or deny certificates of need and administer the program.(b) The Board shall adopt rules governing the review of certificate of need applications consistent with and necessary to the proper administration of this subchapter. All rules shall be adopted pursuant to 3 V.S.A. chapter 25.(c) The Board shall consult with hospitals and other health care facilities, professional associations and societies, the Secretary of Human Services, the Office of the Health Care Advocate, and other interested parties in matters of policy affecting the administration of this subchapter.(d) [Repealed.]  (Added 1979, No. 65, § 1; amended 1987, No. 96 §§ 9, 21(a); 1991, No. 160 (Adj. Sess.), § 25, eff. May 11, 1992; 1995, No. 180 (Adj. Sess.), §§ 24, 38(a); 2003, No. 53, § 26; 2011, No. 48, § 23; 2011, No. 171 (Adj. Sess.), § 15, eff. Jan. 1, 2013; 2017, No. 167 (Adj. Sess.), § 6.)
18 V.S.A. § 9439
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9439. Competing applications

§ 9439. Competing applications|(a) The Board shall provide by rule a process by which any person wishing to offer or develop a new health care project may submit a competing application when a substantially similar application is pending. The competing application must be filed and completed in a timely manner, and the original application and all competing applications shall be reviewed concurrently. A competing applicant shall have the same standing for administrative and judicial review under this subchapter as the original applicant.(b) When a letter of intent to compete has been filed, the review process is suspended and the time within which a decision must be made as provided in subdivision 9440(d)(4) of this title is stayed until the competing application has been ruled complete or for a period of 55 days from the date of notification under subdivision 9440(c)(8) of this title as to the original application, whichever is shorter.(c) Nothing in this subchapter shall be construed to restrict the Board to granting a certificate of need to only one applicant for a new health care project.(d) [Repealed.](e) [Repealed.](f) Unless an application meets the requirements of subsection 9440(e) of this title, the Board shall consider disapproving a certificate of need application for a hospital if a project was not identified prospectively as needed at least two years prior to the time of filing in the hospital's four-year capital plan required under subdivision 9454(a)(6) of this title. The Board shall review all hospital four-year capital plans as part of the review under subdivision 9437(2)(B) of this title. (Added 1979, No. 65, § 1; amended 1985, No. 234 (Adj. Sess.), § 6; 1987, No. 96, §§ 13, 21(b); 1991, No. 160 (Adj. Sess.), § 28, eff. May 11, 1992; 1993, No. 50, § 1; 1995, No. 180 (Adj. Sess.), §§ 28, 38(a); 2003, No. 53, §§ 14, 26; 2007, No. 139 (Adj. Sess.), § 2; 2009, No. 128 (Adj. Sess.), § 25, eff. May 27, 2010; 2011, No. 171 (Adj. Sess.), § 18, eff. Jan. 1, 2013; 2017, No. 167 (Adj. Sess.), § 6.)
18 V.S.A. § 9440a
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9440a. Applications, information, and testimony; oath required

§ 9440a. Applications, information, and testimony; oath required|(a) Each application filed under this subchapter, any written information required or permitted to be submitted in connection with an application or with the monitoring of an order, decision, or certificate issued by the Board, and any testimony taken before the Board or a hearing officer appointed by the Board shall be submitted or taken under oath. The form and manner of the submission shall be prescribed by the Board. The authority granted to the Board under this section is in addition to any other authority granted to the Board under law.(b) Each application shall be filed by the applicant's chief executive officer under oath, as provided by subsection (a) of this section. The Board may direct that information submitted with the application be submitted under oath by persons with personal knowledge of such information.(c) A person who knowingly makes a false statement under oath or who knowingly submits false information under oath to the Board or a hearing officer appointed by the Board or who knowingly testifies falsely in any proceeding before the Board or a hearing officer appointed by the Board shall be guilty of perjury and punished as provided in 13 V.S.A. § 2901. (Added 2003, No. 53, § 16; amended 2011, No. 48, § 25; 2011, No. 171 (Adj. Sess.), § 20, eff. Jan. 1, 2013.)
18 V.S.A. § 9440b
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9440b. Information technology; review procedures

§ 9440b. Information technology; review procedures|Notwithstanding the procedures in section 9440 of this title, the Board shall establish by rule standards and expedited procedures for reviewing applications for the purchase or lease of health care information technology that otherwise would be subject to review under this subchapter. Such applications shall not be granted or approved unless they are consistent with the Health Information Technology Plan developed under section 9351 of this title and the Health Resource Allocation Plan. (Added 2005, No. 71, § 277b; amended 2007, No. 70, § 35; 2009, No. 61, § 6; 2011, No. 171 (Adj. Sess.), § 20a, eff. Jan. 1, 2013; 2017, No. 167 (Adj. Sess.), § 6.)
18 V.S.A. § 9441
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9441. Fees

§ 9441. Fees|(a) The Board shall charge a fee for the filing of certificate of need applications. The fee shall be calculated at the rate of 0.125 percent of project costs.(b) The maximum fee shall not exceed $20,000.00 and the minimum filing fee is $250.00 regardless of project cost. No fee shall be charged on projects amended as part of the review process.(c) The Board may retain such additional professional or other staff as needed to assist in particular proceedings under this subchapter and may assess and collect the reasonable expenses for such additional staff from the applicant. The Board, on petition by the applicant and opportunity for hearing, may reduce such assessment upon a proper showing by the applicant that such expenses were excessive or unnecessary. The authority granted to the Board under this section is in addition to any other authority granted to the Board under law.(d) All fees collected pursuant to this section shall be deposited into the Green Mountain Care Board Regulatory and Administrative Fund established by subsection 9404(d) of this title and may be used by the Board to administer its obligations, responsibilities, and duties as required by law. (Added 1985, No. 234 (Adj. Sess.), § 7a, eff. Oct. 1, 1986; amended 1991, No. 160 (Adj. Sess.), § 33, eff. May 11, 1992; 1995, No. 180 (Adj. Sess.), §§ 30, 38(a); 1995, No. 186 (Adj. Sess.), § 16; 1999, No. 49, § 223; 2003, No. 53, § 17, eff. June 4, 2003; 2011, No. 171 (Adj. Sess.), § 20b, eff. Jan. 1, 2013; 2017, No. 167 (Adj. Sess.), § 6.)
18 V.S.A. § 9442
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9442. Bonds

§ 9442. Bonds|In any circumstance in which bonds are to be or may be issued in connection with a new health care project subject to the provisions of this subchapter, the certificate of need shall include the requirement that all information required to be provided to the bonding agency shall be provided also to the Board within a reasonable period of time. The Board shall be authorized to obtain any information from the bonding agency deemed necessary to carry out the duties of monitoring and oversight of a certificate of need. The bonding agency shall consider the recommendations of the Board in connection with any such proposed authorization. (Added 1979, No. 65, § 1; amended 1985, No. 234 (Adj. Sess.), § 8; 1987, No. 96, §§ 15, 21(a), 22; 1991, No. 160 (Adj. Sess.), § 34, eff. May 11, 1992; 1995, No. 180 (Adj. Sess.), § 38(a); 2003, No. 53, §§ 18, 26; 2011, No. 171 (Adj. Sess.), § 20c, eff. Jan. 1, 2013.)
18 V.S.A. § 9443
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9443. Expiration of certificates of need

§ 9443. Expiration of certificates of need|(a) Unless otherwise specified in the certificate of need, a project shall be implemented within five years or the certificate shall be invalid.(b) No later than 180 days before the expiration date of a certificate of need, an applicant that has not yet implemented the project approved in the certificate of need may petition the Board for an extension of the implementation period. The Board may grant an extension in its discretion.(c) Certificates of need shall expire on the date the Board accepts the final implementation report filed in connection with the project implemented pursuant to the certificate.(d) An action or expenditure that is related to a service or expenditure that was the subject of a certificate of need shall not be considered a material or nonmaterial change to that project if the original certificate of need expired, as provided in this section, at least two years before the action is proposed. The proposed action shall require a certificate of need only if the change itself would be considered a new health care project under section 9434 of this title. (Added 1979, No. 65, § 1; amended 1985, No. 234 (Adj. Sess.), § 9; 1987, No. 96, § 1; 1991, No. 160 (Adj. Sess.), § 35, eff. May 11, 1992; 1995, No. 180 (Adj. Sess.), § 31; 2009, No. 49, § 12; 2011, No. 171 (Adj. Sess.), § 20d, eff. Jan. 1, 2013; 2013, No. 192 (Adj. Sess.), § 25.)
18 V.S.A. § 9444
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9444. Revocation of certificates; material change

§ 9444. Revocation of certificates; material change|(a) The Board may revoke a certificate of need for substantial noncompliance with the scope of the project as designated in the application, or for failure to comply with the conditions set forth in the certificate of need granted by the Board.(b)(1) In the event that after a project has been approved, its proponent wishes to materially change the approved project, all such changes are subject to review under this subchapter.  (2) Applicants shall notify the Board of a nonmaterial change to the approved project. If the Board decides to review a nonmaterial change, the Board may provide for any necessary process, including a public hearing, before approval. Where the Board decides not to review a change, such change will be deemed to have been granted a certificate of need. (Added 1979, No. 65, § 1; amended 1987, No. 96, § 17; 1991, No. 160 (Adj. Sess.), § 38(a), eff. May 11, 1992; 1995, No. 180 (Adj. Sess.), § 38(a); 2003, No. 53, § 26; 2007, No. 139 (Adj. Sess.), § 6; 2009, No. 49, § 14; 2011, No. 171 (Adj. Sess.), § 21, eff. Jan. 1, 2013.)
18 V.S.A. § 9446
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9446. Home health agencies; geographic service areas

§ 9446. Home health agencies; geographic service areas|The terms of a certificate of need relating to the boundaries of the geographic service area of a home health agency may be modified by the Board, in consultation with the Commissioner of Disabilities, Aging, and Independent Living, after notice and opportunity for hearing, or upon written application to the Board by the affected home health agencies or consumers, demonstrating a substantial need for the modification. Service area boundaries may be modified by the Board to take account of natural or physical barriers that may make the provision of existing services uneconomical or impractical, to prevent or minimize unnecessary duplication of services or facilities, or otherwise to promote the public interest. The Board shall issue an order granting such application only upon a finding that the granting of such application is consistent with the purposes of 33 V.S.A. chapter 63, subchapter 1A and the Health Resource Allocation Plan established under section 9405 of this title and after notice and an opportunity to participate on the record by all interested persons, including affected local governments. (Added 2005, No. 57, § 6, eff. June 13, 2005; amended 2011, No. 171 (Adj. Sess.), § 22, eff. Jan. 1, 2013; 2017, No. 167 (Adj. Sess.), § 6.)
18 V.S.A. § 9451
2021 Vermont Statutes|Title 18 - Health|Chapter 221 - Health Care Administration|§ 9451. Definitions

§ 9451. Definitions|As used in this subchapter:  (1) "Hospital" means a hospital licensed under chapter 43 of this title, except a hospital that is conducted, maintained, or operated by the State of Vermont. (2) "Volume" means the number of inpatient days of care or admissions and the number of all inpatient and outpatient ancillary services rendered to patients by a hospital. (Added 1983, No. 93, § 1, eff. May 4, 1983; amended 1991, No. 160 (Adj. Sess.), § 9, eff. May 11, 1992; 1995, No. 180 (Adj. Sess.), § 33; 2019, No. 140 (Adj. Sess.), § 2, eff. July 6, 2020.)