reglab/housing_qa huggingface dataset:
33 V.S.A. § 6951
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6951. Definitions

§ 6951. Definitions|As used in this subchapter:  (1) "Agent" shall have the same meaning as in 14 V.S.A. § 3501. (2) "Guardian" means a person appointed to serve as the guardian for a vulnerable adult pursuant to the process established in 14 V.S.A. chapter 111 or in 18 V.S.A. chapter 215. (3) "Financial exploitation" means:  (A) using, withholding, transferring, or disposing of funds or property of a vulnerable adult, without or in excess of legal authority, for the wrongful profit or advantage of another; (B) acquiring possession or control of or an interest in funds or property of a vulnerable adult through the use of undue influence, harassment, duress, or fraud; or (C) the act of forcing or compelling a vulnerable adult against his or her will to perform services for the profit or financial advantage of another.  (4) "Vulnerable adult" has the same meaning as in section 6902 of this chapter. (Added 2017, No. 23, § 4, eff. May 4, 2017; amended 2021, No. 20, § 348.)
33 V.S.A. § 6952
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6952. Civil action for relief from financial exploitation

§ 6952. Civil action for relief from financial exploitation|(a) Right of action. A vulnerable adult or his or her agent or guardian may bring an action in the Civil Division of the Superior Court pursuant to this section for relief against a natural person who, with reckless disregard or with knowledge, has engaged in the financial exploitation of the vulnerable adult. An action under this section shall be dismissed if the court determines the vulnerable adult is capable of expressing his or her wishes and that he or she does not wish to pursue the action.(b) Remedies.  (1) If the court finds that financial exploitation of a vulnerable adult has occurred, the court shall grant appropriate relief to the vulnerable adult, which may include money damages, injunctive relief, reasonable costs, attorney's fees, and equitable relief. (2) If the financial exploitation was intentional, the court may grant exemplary damages not to exceed three times the value of economic damages.   (c) Effects on other parties. No relief granted or otherwise obtained pursuant to this section shall affect or limit in any way the right, title, or interest of a good faith purchaser, mortgagee, holder of a security interest, or other party who obtained an interest in property after its transfer from the vulnerable adult to the natural person who engaged in financial exploitation. No relief granted or otherwise obtained pursuant to this section shall affect any mortgage deed to the extent of the value provided by the mortgagee.(d) Statute of limitations. The limitations period imposed by 12 V.S.A. § 511 shall apply to all actions brought pursuant to this subchapter. (Added 2017, No. 23, § 4, eff. May 4, 2017; amended 2021, No. 20, § 349.)
33 V.S.A. § 6953
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6953. Other relief still available

§ 6953. Other relief still available|Nothing in this subchapter shall be construed to limit the availability of other causes of action or relief at law or equity to which a vulnerable adult may be entitled under other State or federal laws or at common law. (Added 2017, No. 23, § 4, eff. May 4, 2017.)
33 V.S.A. § 6962
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6962. Powers and duties; reports

§ 6962. Powers and duties; reports|(a) The Team shall develop and implement policies to ensure that it uses uniform procedures to review the deaths of vulnerable adults in Vermont.(b)(1) The Team may review the death of any person who meets the definition of a vulnerable adult in subdivision 6902(14) of this title and:   (A) who was the subject of an adult protective services investigation; or (B) whose death came under the jurisdiction of, or was investigated by, the Office of the Chief Medical Examiner.  (2) The Team shall not initiate the review of the death of a vulnerable adult until the conclusion of any active adult protective services or law enforcement investigation, criminal prosecution, or civil action. (3) The review shall not impose unreasonable burdens on health care providers for production of information, records, or other materials. The Team shall first seek to obtain information, records, and other materials from State agencies or that were generated in the course of an investigation by the Adult Protective Services Division, the Office of the Chief Medical Examiner, or law enforcement. (4) The Team shall establish criteria for selecting specific fatalities for review to ensure the analysis of fatalities occurring in both institutional and home- and community-based settings.   (c)(1) Beginning in 2018, the Team shall submit an annual report to the General Assembly on or before January 15.  (2) The annual report shall:  (A) summarize the Team's activities for the preceding year; (B) identify any changes to the Team's uniform procedures; (C) identify system gaps and risk factors associated with deaths reviewed by the Team; (D) recommend changes in statute, rule, policy, procedure, practice, training, or coordination of services that would decrease the number of preventable deaths in Vermont's vulnerable adult population; and (E) assess the effectiveness of the Team's activities. (Added 2015, No. 135 (Adj. Sess.), § 1.)
33 V.S.A. § 6963
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6963. Confidentiality

§ 6963. Confidentiality|(a) The Team's proceedings and records are confidential and exempt from public inspection and copying under the Public Records Act, and shall not be released. Such information shall not be subject to subpoena or discovery or be admissible in any civil or criminal proceedings; provided, however, that nothing in this subsection shall be construed to limit or restrict the right to discover or use in any civil or criminal proceedings anything that is available from another source and entirely independent of the Team's review. The Team shall not use information, records, or data that it obtains or generates for purposes other than those described in this subchapter.(b) The Team's conclusions and recommendations may be disclosed, but shall not identify or allow for the identification of any person or entity.(c) Meetings of the Team are confidential and shall be exempt from the Vermont Open Meeting Law. The Secretary of the Team shall maintain any records, including meeting minutes, generated by the Team.(d) Team members and persons invited to assist the Team shall not reveal information, records, discussions, and opinions disclosed in connection with the Team's work, and shall execute a sworn statement to honor the confidentiality of such information, records, discussions, and opinions. The Chair of the Team shall be responsible for obtaining and maintaining confidentiality agreements. (Added 2015, No. 135 (Adj. Sess.), § 1.)
33 V.S.A. § 6964
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6964. Access to information and records

§ 6964. Access to information and records|(a) In any case subject to review by the Team, and upon written request by the Chair of the Team, any person who possesses information or records that are necessary and relevant to Team review shall as soon as practicable provide the Team with the information and records.(b) The Team shall not have access to the proceedings, reports, and records of peer review committees as defined in 26 V.S.A. § 1441.(c) Persons disclosing or providing information or records upon the Team's request are not criminally or civilly liable for disclosing or providing information or records in compliance with this section. (Added 2015, No. 135 (Adj. Sess.), § 1.)
33 V.S.A. § 7101
2021 Vermont Statutes|Title 33 - Human Services|Chapter 71 - Regulation of Long-Term Care Facilities|§ 7101. Policy

§ 7101. Policy|The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the construction, maintenance, operation, provision of receivership, and dissolution of long-term care facilities in which medical, nursing, or other care is rendered, which will promote safe surroundings, adequate care, and humane treatment, safeguard the health of, safety of, and continuity of care to residents, and protect residents from the adverse health effects caused by abrupt or unsuitable transfer of such persons cared for in these facilities. (Amended 2009, No. 36, § 1.)
33 V.S.A. § 7103
2021 Vermont Statutes|Title 33 - Human Services|Chapter 71 - Regulation of Long-Term Care Facilities|§ 7103. License

§ 7103. License|(a) A person shall not operate a nursing home, assisted living residence, home for persons who are terminally ill, residential care home, or therapeutic community residence without first obtaining a license.(b) A person shall not operate a nursing home as defined in this chapter or as defined in 18 V.S.A. chapter 46 except under the supervision of an administrator licensed in the manner provided in 18 V.S.A. chapter 46.(c) Residents of a home for persons who are terminally ill shall receive necessary medical and nursing services, which may be provided through outside providers. (Amended 1959, No. 27, § 4; 1964, No. 6 (Sp. Sess.), § 1, eff. March 4, 1964; 1965, No. 68, § 2; 1969, No. 248 (Adj. Sess.), § 1, eff. April 1, 1970; 1973, No. 153 (Adj. Sess.), § 2; 1975, No. 221 (Adj. Sess.), § 8, eff. July 1, 1977; 1985, No. 151 (Adj. Sess.), § 2; 1993, No. 114 (Adj. Sess.), § 2; 1997, No. 61, § 271d; 2009, No. 36, § 1; 2013, No. 96 (Adj. Sess.), § 219.)
33 V.S.A. § 7104
2021 Vermont Statutes|Title 33 - Human Services|Chapter 71 - Regulation of Long-Term Care Facilities|§ 7104. Application

§ 7104. Application|An application for a license shall be made annually to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires. (Amended 1965, No. 68, § 3; 1975, No. 221 (Adj. Sess.), § 2; 1991, No. 253 (Adj. Sess.), § 9.)
33 V.S.A. § 7105
2021 Vermont Statutes|Title 33 - Human Services|Chapter 71 - Regulation of Long-Term Care Facilities|§ 7105. License requirements

§ 7105. License requirements|(a) Upon receipt of an application for license, the licensing agency shall issue a full license when it has determined that the applicant and facilities meet the standards established by the licensing agency. Licenses issued under this chapter shall expire one year after date of issuance or upon such uniform dates annually as the licensing agency may prescribe by rule. Licenses shall be issued only for the premises and persons named in the application and shall not be transferable or assignable. Licenses shall be posted in a conspicuous place on the licensed premises.(b) In its discretion, the licensing agency may issue a temporary license permitting operation of a nursing home, assisted living residence, therapeutic community residence, residential care home, or home for persons who are terminally ill for such period or periods and subject to such conditions as the licensing agency deems proper, but in no case shall a nursing home, assisted living residence, therapeutic community residence, residential care home, or home for persons who are terminally ill operate under a temporary license or renewal of a temporary license for a period exceeding 36 months.(c) An owner, licensee, or administrator shall disclose to the licensing agency any changes in the ownership interests in the company, ownership of any real property, management of the facility, or corporate structure that occur after the date the license is issued. The licensing agency may require the owner, licensee, or administrator to apply for a new license. (Amended 1959, No. 27, § 5; 1965, No. 68, § 4; 1973, No. 153 (Adj. Sess.), § 3; 1975, No. 221 (Adj. Sess.), § 3, eff. July 1, 1976, § 9, eff. July 1, 1977; 1985, No. 151 (Adj. Sess.), § 3; 1997, No. 61, § 271e; 1997, No. 155 (Adj. Sess.), § 54; 2009, No. 36, § 1; 2013, No. 96 (Adj. Sess.), § 220; 2021, No. 20, § 352.)
33 V.S.A. § 7106
2021 Vermont Statutes|Title 33 - Human Services|Chapter 71 - Regulation of Long-Term Care Facilities|§ 7106. Variance

§ 7106. Variance|(a) The licensing agency may grant a variance from the provisions of this chapter or a rule adopted pursuant to this chapter.(b) Variances may be granted upon determination that:  (1) strict compliance would impose a substantial hardship on the licensee; (2) the licensee will otherwise meet the goal of the statutory provision or rule; and (3) a variance will not result in less protection of the health, safety, and welfare of the residents.   (c) A variance shall not be granted from a provision of this chapter or a rule pertaining to residents' rights. (Added 1985, No. 151 (Adj. Sess.), § 4; amended 2013, No. 131 (Adj. Sess.), § 88, eff. May 20, 2014.)
33 V.S.A. § 7107
2021 Vermont Statutes|Title 33 - Human Services|Chapter 71 - Regulation of Long-Term Care Facilities|§ 7107. Unlicensed homes

§ 7107. Unlicensed homes|(a) The licensing agency shall adopt rules governing the identification of unlicensed residential care homes, nursing homes, assisted living residences, therapeutic community residences, and homes for persons who are terminally ill.(b) No physician, surgeon, osteopath, chiropractor, or physician assistant licensed, certified, or registered under the provisions of Title 26; resident physician, intern, or any hospital administrator in any hospital in this State; registered nurse, licensed practical nurse, medical examiner, psychologist, mental health professional, social worker, probation officer, police officer, nursing home administrator, or employee; or owner, operator, or employee of a facility shall knowingly place, refer, or recommend placement of a person to such a facility if that facility is operating without a license.(c) Any person listed in subsection (b) of this section who is licensed or certified by the State of Vermont or who is employed by the State or a municipality and who knows or has reason to believe that a facility is operating without the license required under this chapter shall report the facility and address of the facility to the licensing agency.(d) The licensing agency shall investigate any report filed pursuant to this section, and conduct an inspection as provided in section 7108 of this title.(e)(1) Within 30 days following the date on which a license to operate any facility pursuant to this section is revoked or voluntarily relinquished, the operator shall obtain a new license or shall cause all of the residents in the facility to be moved promptly.  (2) The facility shall be responsible for securing suitable alternative placements for the residents and shall be responsible for the cost of the planning for the transition and transportation of the residents to the alternative placements. (3) Failure to comply with this subsection may result in penalties being assessed against the operator, owner, or the facility as provided for in section 7111 of this title. (Added 1985, No. 151 (Adj. Sess.), § 5; amended 1997, No. 61, § 271f; 2009, No. 36, § 1; 2013, No. 34, § 30a; 2013, No. 96 (Adj. Sess.), § 221; 2021, No. 20, § 353.)
33 V.S.A. § 7108
2021 Vermont Statutes|Title 33 - Human Services|Chapter 71 - Regulation of Long-Term Care Facilities|§ 7108. Inspection; technical assistance

§ 7108. Inspection; technical assistance|(a) The licensing agency shall inspect a facility prior to issuing a license under this chapter.(b) The licensing agency may inspect a facility any time an inspection is authorized under this chapter and any other time it considers an inspection necessary to determine if a facility is in compliance with the provisions of this chapter or the rules adopted pursuant to this chapter.(c) Authorized inspectors shall at all times without notice have access to all such facilities.(d) The living quarters of the manager of a facility, for purposes of this chapter, may be subject to inspection only if the inspector has reason to believe the permissible capacity of the facility has been exceeded and only for the purpose of determining if such a violation exists. The inspector shall permit the manager to accompany the inspector on such an inspection.(e) Within the limits of resources available, the licensing agency may provide technical assistance, education, and information to facilities to assist them to come into or remain in compliance with the provisions of this chapter or the rules adopted pursuant to this chapter. The failure of the licensing agency to provide assistance under this subsection shall not relieve a facility from its duty to comply with provisions of this chapter or the rules adopted pursuant to this chapter. (Amended 1973, No. 153 (Adj. Sess.), § 5; 1975, No. 221 (Adj. Sess.), § 4; 1985, No. 151 (Adj. Sess.), § 6; 2013, No. 131 (Adj. Sess.), § 89, eff. May 20, 2014; 2021, No. 20, § 354.)
33 V.S.A. § 7109
2021 Vermont Statutes|Title 33 - Human Services|Chapter 71 - Regulation of Long-Term Care Facilities|§ 7109. Investigation; complaint

§ 7109. Investigation; complaint|(a) The licensing agency may investigate whenever it has reason to believe a violation of this chapter or the rules adopted pursuant to this chapter has occurred.(b) A person who believes that a violation has occurred may file a complaint with the licensing agency. The licensing agency shall investigate any complaint filed unless it reasonably believes that the complaint is without merit. (Added 1985, No. 151 (Adj. Sess.), § 7.)
33 V.S.A. § 7110
2021 Vermont Statutes|Title 33 - Human Services|Chapter 71 - Regulation of Long-Term Care Facilities|§ 7110. Violation; notice

§ 7110. Violation; notice|(a) If, as a result of an inspection or investigation, the licensing agency determines that a condition in the facility violates a rule or provision of this chapter, it shall prepare a written notice of violation, which shall state the following:  (1) a description of each condition that constitutes a violation; (2) each rule or statutory provision alleged to have been violated; (3) the date by which the violation must be corrected; (4) sanctions the licensing agency may impose for failure to correct the violation or failure to provide proof of correction by the date specified; (5) the right to appeal the notice of violation as provided in section 7118 of this title; and (6) the right to apply for a variance as provided in section 7106 of this title.   (b) The licensing agency may take immediate enforcement action when necessary to eliminate a condition that can reasonably be expected to cause death or serious physical or mental harm to residents or staff before it can be eliminated through the provisions of section 7111 of this title. A licensing agency taking such action shall explain that action and the reasons for it in the notice of violation. (Added 1985, No. 151 (Adj. Sess.) § 8; amended 2019, No. 118 (Adj. Sess.), § 2, eff. June 23, 2020.)
33 V.S.A. § 7112
2021 Vermont Statutes|Title 33 - Human Services|Chapter 71 - Regulation of Long-Term Care Facilities|§ 7112. Confidential information

§ 7112. Confidential information|(a) Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under this chapter, except information that pertains to unsubstantiated complaints or the identity of residents and complainants, shall be made available to the public.(b) Prior to release of information, the Commissioner shall consult with representatives from the nursing home industry and the Office of State Long-Term Care Ombudsman to develop:  (1) Guidelines for the release of information to the public that ensure the confidentiality and privacy of complainants and individuals who are receiving or have received care or services in nursing facilities in conformance with State and federal requirements. (2) Indicators, derived from information databases maintained by the licensing agency and the Division of Rate Setting, which shall be disseminated to consumers in a readily understandable format designed to facilitate consumers' ability to compare the quality of care provided by nursing facilities. The Commissioner shall continually update quality indicators and refine and improve the information disseminated to consumers. (Added 2011, No. 63, § E.329.2.)
33 V.S.A. § 7114
2021 Vermont Statutes|Title 33 - Human Services|Chapter 71 - Regulation of Long-Term Care Facilities|§ 7114. Report

§ 7114. Report|The licensee shall file annually and on request such information, data, statistics, or schedules as the licensing agency may require. The agency shall have the power to examine the books and accounts of any facility operated by any licensee if it is the opinion of the Secretary that the examination is necessary to carry out the purposes of this chapter. (Amended 1975, No. 221 (Adj. Sess.), § 5.)
33 V.S.A. § 7115
2021 Vermont Statutes|Title 33 - Human Services|Chapter 71 - Regulation of Long-Term Care Facilities|§ 7115. Exception

§ 7115. Exception|Nothing in this chapter or the rules adopted pursuant to this chapter shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any home or institution conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of a recognized church or religious denomination, except as to the sanitary and safe condition of the premises, cleanliness of operation, and its physical equipment. (Amended 2021, No. 20, § 356.)
33 V.S.A. § 7116
2021 Vermont Statutes|Title 33 - Human Services|Chapter 71 - Regulation of Long-Term Care Facilities|§ 7116. Criminal penalty

§ 7116. Criminal penalty|A person who knowingly violates the licensure, reporting of unlicensed facilities, or confidentiality requirements of this chapter or the provisions relating to placing, referring, or recommending placement of a person in an unlicensed facility shall be fined not more than $500.00 or imprisoned not more than six months, or both. (Amended 1959, No. 27, § 6; 1964, No. 6 (Sp. Sess.), § 2, eff. March 4, 1964; 1973, No. 153 (Adj. Sess.), § 6; 1985, No. 151 (Adj. Sess.), § 11; 2013, No. 131 (Adj. Sess.), § 90, eff. May 20, 2014.)
33 V.S.A. § 7117
2021 Vermont Statutes|Title 33 - Human Services|Chapter 71 - Regulation of Long-Term Care Facilities|§ 7117. Rules

§ 7117. Rules|(a) In accordance with 3 V.S.A. chapter 25, the Secretary of Human Services may adopt reasonable rules to carry out the provisions of this chapter and may prescribe minimum standards of care, program administration, and sanitation for facilities licensed under this chapter.(b) No later than January 1, 1997, the Secretary of Human Services shall adopt comprehensive rules for licensing of nursing homes to include criteria deemed appropriate by the Secretary, including criteria for accessibility, quality, and safety standards. The rules for nursing home licensing shall:  (1) require that nursing facilities provide the care and services necessary to help each resident attain or maintain the highest practicable physical, mental, and psychosocial well-being in accordance with a comprehensive assessment and plan of care and prevailing standards of care as determined by the Commissioner of Disabilities, Aging, and Independent Living; and (2) promote a standard of care that ensures that the ability of each resident to perform activities of daily living does not diminish unless the resident's ability is diminished solely as a result of a change in the resident's clinical condition. (Added 1973, No. 153 (Adj. Sess.), § 7; amended 1975, No. 221 (Adj. Sess.), § 6; 1981, No. 99, § 2; 1995, No. 160 (Adj. Sess.), § 18; 2013, No. 131 (Adj. Sess.), § 91, eff. May 20, 2014.)