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2023 Vermont Statutes › Title 33 - Human Services › Chapter 19 - Medical Assistance › § 2071. Definitions

§ 2071. Definitions
As used in this subchapter:
(1) “Individual with disabilities” means an individual who is under age 65 and is entitled, under the Social Security Act, to disability insurance benefits or is eligible for Medicare.
(2) “Maintenance drug” means a drug approved by the federal Food and Drug Administration for continuous use and prescribed to treat a chronic condition for a prolonged period of time of 30 days or longer and includes insulin, an insulin syringe, and an insulin needle.
(3) “Medicare Part D” means the prescription drug program established under the Medicare Prescription Drug, Improvement and Modernization Act of 2003, Pub. L. No. 108-173, including the prescription drug plans offered pursuant to the act.
(4) “DVHA” means the Department of Vermont Health Access.
(5) “Pharmaceutical” means a drug that may not be dispensed unless prescribed by a health care provider as defined by 18 V.S.A. § 9402(7) acting within the scope of the provider’s license. The term excludes a drug determined less than effective under the federal Food, Drug and Cosmetics Act.
(6) “Pharmacy” means a retail or institutional drug outlet licensed by the Vermont State Board of Pharmacy pursuant to 26 V.S.A. chapter 36, or by an equivalent board in another state, in which pharmaceuticals are sold at retail and that has entered into a written agreement with the State to dispense pharmaceuticals in accordance with the provisions of this chapter. (Added 2005, No. 71, § 314; amended 2009, No. 156 (Adj. Sess.), § I.70; 2013, No. 131 (Adj. Sess.), § 48, eff. May 20, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 19 - Medical Assistance › § 2072. General eligibility

§ 2072. General eligibility
(a) An individual shall be eligible for assistance under this subchapter if the individual:
(1) is a resident of Vermont at the time of application for benefits;
(2) is at least 65 years of age or is an individual with disabilities as defined in subdivision 2071(1) of this title; and
(3) has a household income, when calculated using modified adjusted gross income as defined in 26 U.S.C. § 36B(d)(2)(B), no greater than 225 percent of the federal poverty level.
(b) An individual whose pharmaceutical expenses are paid or reimbursable, either in whole or in part, by any plan of assistance or insurance, other than Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act, shall not be eligible for pharmaceutical assistance under this subchapter. No assistance shall be provided under this subchapter with respect to an individual pharmaceutical purchase that may be covered in whole by Title XVIII.
(c) If an individual becomes ineligible for assistance under this subchapter, the Secretary shall terminate assistance to the individual. (Added 2005, No. 71, § 314; amended 2009, No. 1 (Sp. Sess.), § E.309; 2013, No. 79, § 32, eff. Jan. 1, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 19 - Medical Assistance › § 2075. Assistance in enrolling in Medicare Part D

§ 2075. Assistance in enrolling in Medicare Part D
The Agency of Human Services may act, if permissible under federal law, as an individual’s agent to enroll the individual in a Medicare Part D prescription drug plan and a low-income subsidy if the individual has not enrolled prior to the application for VPharm. The Agency shall provide applicants for VPharm with information on Medicare Part D and the low-income subsidy if applicable, and on how to obtain assistance in enrolling in Medicare Part D or the subsidy. (Added 2005, No. 71, § 314.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 19 - Medical Assistance › § 2076. Over-the-counter and generic medications

§ 2076. Over-the-counter and generic medications
(a) All public pharmaceutical assistance programs shall provide coverage for those over-the-counter pharmaceuticals on the preferred drug list developed under section 1998 of this title, provided the pharmaceuticals are authorized as part of the medical treatment of a specific disease or condition, and they are a less costly, medically appropriate substitute for currently covered pharmaceuticals.
(b) All public pharmaceutical assistance programs shall comply with the provisions regarding generic drugs established in 18 V.S.A. chapter 91.
(c) DVHA shall seek any waivers of federal law, rule, or regulation necessary to implement the provisions of this section. (Added 2005, No. 71, § 314; amended 2009, No. 156 (Adj. Sess.), § I.73.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 19 - Medical Assistance › § 2077. Administration

§ 2077. Administration
(a) The programs established under this subchapter shall be designed to provide maximum access to program participants, to incorporate mechanisms that are easily understood and require minimum effort for applicants and health care providers, and to promote quality, efficiency, and effectiveness through cost controls and utilization review. Applications may be filed at any time and shall be reviewed annually. DVHA may contract with a fiscal agent for the purpose of processing claims and performing related functions required in the administration of the pharmaceutical programs established under this subchapter.
(b) Upon determining that an applicant is eligible under this subchapter, DVHA shall issue an identification card to the applicant.
(c) A pharmacy that dispenses a pharmaceutical to an individual eligible for a pharmaceutical program established under this subchapter shall collect payment for the pharmaceutical from DVHA. (Added 2005, No. 71, § 314; amended 2009, No. 1 (Sp. Sess.), § E.309.1; 2009, No. 156 (Adj. Sess.), § I.74.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 19 - Medical Assistance › § 2078. Education and outreach

§ 2078. Education and outreach
The Department of Disabilities, Aging, and Independent Living shall conduct ongoing education and outreach to inform Vermonters who are elders and Vermonters with disabilities of the benefits they may be entitled to pursuant to this subchapter, make available information concerning pharmaceutical assistance programs, and minimize any confusion and duplication of pharmaceutical coverage resulting from a multiplicity of pharmaceutical programs. (Added 2005, No. 71, § 314; amended 2013, No. 96 (Adj. Sess.), § 211.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 19 - Medical Assistance › § 2080. Vermont Prescription Drug Pricing and Consumer Protection Program

§ 2080. Vermont Prescription Drug Pricing and Consumer Protection Program
The Secretary of Human Services shall administer this subchapter in conformity with the Pharmacy Best Practices and Cost Control Program established under subchapter 5 of this chapter to enable the citizens of Vermont to purchase necessary prescription pharmaceuticals at the lowest possible price, to ensure access to such pharmaceuticals, and to support Vermont pharmacies, consistent with the time frames, standards, and procedures established by the General Assembly. (Added 2005, No. 71, § 314.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 19 - Medical Assistance › § 2081. Rulemaking

§ 2081. Rulemaking
The Agency of Human Services shall adopt rules necessary to implement and administer the provisions of this subchapter, including standards and schedules establishing coverage and exclusion of pharmaceuticals and maximum quantities of pharmaceuticals to be dispensed, and to comply with the requirements of the Medicare Modernization Act. (Added 2005, No. 71, § 314; amended 2009, No. 156 (Adj. Sess.), § I.75; 2011, No. 171 (Adj. Sess.), § 41c; 2021, No. 130 (Adj. Sess.), § 3, eff. May 24, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 19 - Medical Assistance › § 2091. Dr. Dynasaur-like coverage; legislative intent

§ 2091. Dr. Dynasaur-like coverage; legislative intent
In establishing Dr. Dynasaur-like coverage for children and pregnant individuals who are not eligible for the Dr. Dynasaur program because of their immigration status, it is the intent of the General Assembly that the hospital, medical, dental, and prescription drug benefits and eligibility criteria for the coverage set forth in section 2092 of this chapter should align to the greatest extent practicable with the benefits and eligibility criteria of the Dr. Dynasaur program. (Added 2021, No. 48, § 1, eff. June 1, 2021.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 19 - Medical Assistance › § 2092. Dr. Dynasaur-like coverage for certain Vermont residents

§ 2092. Dr. Dynasaur-like coverage for certain Vermont residents
(a) As used in this section, the term “Vermont residents who have an immigration status for which Medicaid coverage is not available” includes migrant workers who are employed in seasonal occupations in this State.
(b) The Agency of Human Services shall provide hospital, medical, dental, and prescription drug coverage equivalent to coverage in the Vermont Medicaid State Plan to the following categories of Vermont residents who have an immigration status for which Medicaid coverage is not available and who are otherwise uninsured:
(1) children under 19 years of age whose household income does not exceed the income threshold for eligibility under the Vermont Medicaid State Plan; and
(2) pregnant individuals whose household income does not exceed the income threshold for eligibility under the Vermont Medicaid State Plan for coverage during their pregnancy and for postpartum coverage equivalent to that available under the Vermont Medicaid State Plan.
(c) The confidentiality provisions set forth in section 1902a of this chapter shall apply to all applications submitted and records created pursuant to this section, except that the Agency of Human Services shall not make any information regarding applicants or enrollees available to the United States government.
(d) The Agency of Human Services may adopt rules in accordance with 3 V.S.A. chapter 25 to carry out the purposes of this section. (Added 2021, No. 48, § 1, eff. June 1, 2021.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 21 - General Assistance › § 2101. Definitions

§ 2101. Definitions
As used in this chapter:
(1) “Commissioner” means the Commissioner for Children and Families.
(2) “Family” means persons whom the recipient of General Assistance is required by law to support.
(3) “Found” means discovered, come upon, chanced upon, or met with by accident.
(4) “General Assistance” means financial aid to provide the necessities of life, including food, clothing, shelter, fuel, electricity, medical care, and other items as the Commissioner may prescribe by rule, when a need is found to exist and the applicant is otherwise found eligible.
(5) “House” means a structure in which people live, including a hospital.
(6) “Offense” means any act that gives rise to a cause of action in which the offender is committed to jail, excluding criminal acts.
(7) “Relief or relieving” means General Assistance limited to medical assistance and other assistance required in connection with medical assistance, but excluding financial assistance.
(8) “Reside” means having a domicile.
(9) “Residence” means a person’s domicile.
(10) “Transient” means an individual who does not intend to establish a permanent residence within the State of Vermont. (Added 1967, No. 147, § 7, eff. Oct. 1, 1968; amended 1971, No. 176 (Adj. Sess.), § 1; 1973, No. 207 (Adj. Sess.), § 1; 2011, No. 63, § E.321.2; 2013, No. 131 (Adj. Sess.), § 49, eff. May 20, 2014; 2021, No. 20, § 308.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 21 - General Assistance › § 2103. Eligibility

§ 2103. Eligibility
(a) Consistent with available appropriations, the Department for Children and Families shall furnish General Assistance under this chapter, except as provided in this section, to any otherwise eligible individual unable to provide the necessities of life for the individual and for those whom the individual is legally obligated to support. Except for those in catastrophic situations as defined in rules, no General Assistance shall be provided in the following situations:
(1) to any individual whose income from any source, including the Department for Children and Families, during the 30 days immediately preceding the date on which assistance is sought is equal to the General Assistance eligibility standard;
(2) to any able-bodied individual without minor dependents included in his or her application.
(b) Eligibility standards for General Assistance as established by the Commissioner need not be the same as those applicable to the Department’s categorical assistance programs. In addition, in determining eligibility, the Commissioner, pursuant to rule, may take into account payment to or for the benefit of the applicant under any Department program.
(c) It is further provided that in determining eligibility apart from the need standard, the Commissioner may adopt a reasonable standard pertaining to work-related efforts on the part of the applicant.
(d) Except for relief as provided in sections 2109-2112 of this chapter, General Assistance to transients shall be limited to that necessary to permit the transient to leave the State.
(e) As used in this section, “able-bodied individual” does not include a person subject to such conditions as are determined, by rule of the Commissioner for Children and Families, to constitute barriers to employment.
(f) [Repealed.] (Added 1967, No. 147, § 7, eff. Oct. 1, 1968; amended 1973, No. 152 (Adj. Sess.), § 25, eff. April 14, 1974; 1973, No. 207 (Adj. Sess.), § 3; 1975, No. 132 (Adj. Sess.), § 1, eff. Feb. 5, 1976; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 107; 2013, No. 133 (Adj. Sess.), § 1, eff. May 20, 2014; 2021, No. 20, § 309.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 21 - General Assistance › § 2104. Application or information

§ 2104. Application or information
(a) A person may apply for General Assistance to the person or persons designated for that purpose by the Commissioner.
(b) When a person designated by the Commissioner pursuant to subsection (a) of this section receives an application for General Assistance or is informed that a person is in need of General Assistance the person so designated shall investigate and make a determination as to the applicant’s eligibility for General Assistance, and provide under rules of the Department emergency assistance as may be required. (Added 1967, No. 147, § 7, eff. Oct. 1, 1968; amended 1971, No. 176 (Adj. Sess.), § 3; 2013, No. 131 (Adj. Sess.), § 50, eff. May 20, 2014; 2021, No. 20, § 310.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 21 - General Assistance › § 2105. Action on application or information

§ 2105. Action on application or information
The Commissioner shall cause an investigation and record to be made of the circumstances of the person alleged to need General Assistance to determine whether the person is eligible. Information shall be sought as to the residence of the person, his or her age, physical condition, earnings or other income, ability to be gainfully employed of all members of his or her family, the cause of the person’s condition, the ability and willingness of persons legally liable for his or her support to assist, and other relevant facts. (Added 1967, No. 147, § 7, eff. Oct. 1, 1968; amended 1971, No. 176 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 21 - General Assistance › § 2106. Limitation on liability for medical assistance

§ 2106. Limitation on liability for medical assistance
The State shall not be liable for medical or surgical care furnished to any person eligible for General Assistance unless the Department agrees to it. This section shall not apply to hospitals. (Added 1967, No. 147, § 7, eff. Oct. 1, 1968; amended 1973, No. 207 (Adj. Sess.), § 4; 2015, No. 71 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 21 - General Assistance › § 2107. Disqualification

§ 2107. Disqualification
(a) When the Commissioner or a person designated by the Commissioner pursuant to section 2104 of this title has reason to believe that an applicant for or recipient of General Assistance came into the State for the purpose of receiving General Assistance, he or she may find the applicant or recipient ineligible for General Assistance.
(b) Notwithstanding the provisions of subsection (a) of this section, an applicant in immediate need of General Assistance for himself or herself or a person dependent upon him or her shall be granted General Assistance on an emergency basis, which may include the furnishing of transportation to the nearest boundary of this State in the direction in which he or she desires to go to leave the State. (Added 1967, No. 147, § 7, eff. Oct. 1, 1968; amended 1971, No. 176 (Adj. Sess.), § 5; 2013, No. 131 (Adj. Sess.), § 51, eff. May 20, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 21 - General Assistance › § 2108. Residential weatherization for fuel assistance recipients

§ 2108. Residential weatherization for fuel assistance recipients
(a) Recipients of emergency heating fuel or emergency aid for utility services, which are provided under the General Assistance Program, and any other federal fuel assistance programs, shall receive a form that they may sign to request that their names and addresses be made available as potential recipients of Home Energy Audits and Weatherization Programs.
(b) The Commissioner by rule shall specify the names of organizations eligible to receive a list of the names and addresses of persons signing the consent form established in subsection (a) of this section. (Added 1981, No. 25.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 21 - General Assistance › § 2109. Relief by private persons and hospitals

§ 2109. Relief by private persons and hospitals
(a) Except as provided in subsection (c) of this section, when a person, including a transient, is injured, suddenly taken sick or lame, or is otherwise disabled and confined to a house or hospital in this State, and is in need of relief, the person at whose house or hospital he or she is shall be at the expense of relieving and supporting the person until notice in writing of the situation of the person is given to the Department, after which the Department shall provide for the relief and support of the person.
(b) Except as provided in subsection (c) of this section, in the case of a hospital, the notice required in subsection (a) of this section shall be supplemented, as soon as reasonably possible, with a plan or proposed method of collecting from the person for relief and care and other pertinent information requested by the Department. In the case of a person, after giving notice required in subsection (a) of this section, he or she shall file additional information with the Department on a form prescribed by the Commissioner.
(c) The Commissioner may provide by rule for an exemption from the notice and report requirements of subsections (a) and (b) of this section in the case of a hospital that makes and observes satisfactory arrangements considered adequate by the Commissioner. When so exempted, the provisions of subsection 2110(b) of this chapter shall not apply. (Added 1967, No. 147, § 7, eff. Oct. 1, 1968; amended 1969, No. 126, § 2; 1973, No. 207 (Adj. Sess.), § 5; 2013, No. 131 (Adj. Sess.), § 52, eff. May 20, 2014; 2021, No. 20, § 311.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 21 - General Assistance › § 2110. Reimbursement for relief expenditures

§ 2110. Reimbursement for relief expenditures
(a) If the Department fails to provide relief for a person, including a transient, the person or hospital relieving him or her may recover for the relief provided in an action on this statute against the State of Vermont.
(b) Notwithstanding subsection (a) of this section, no recovery may be had for any period in excess of 72 hours before notice is given to the Department if the plaintiff has failed to timely file the information required under subsection 2109(b) of this title.
(c) This section shall only be operative to the extent that funds are appropriated for it by the General Assembly. (Added 1967, No. 147, § 7, eff. Oct. 1, 1968; amended 1969, No. 126, § 3; 1973, No. 207 (Adj. Sess.), § 6; 1975, No. 254 (Adj. Sess.), § 148; 2021, No. 20, § 312; 2021, No. 105 (Adj. Sess.), § 608, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 21 - General Assistance › § 2111. Death

§ 2111. Death
When a person, including a transient, dies in the State in other than a State institution and no one appears to make funeral arrangements, the person in charge thereof shall report the death of the person to the nearest Economic Services Division office. (Added 1967, No. 147, § 7, eff. Oct. 1, 1968; amended 1969, No. 130, § 1, eff. Oct. 1, 1968; 1973, No. 207 (Adj. Sess.), § 7; 2015, No. 71 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 21 - General Assistance › § 2113. Action for recovery of expenditures

§ 2113. Action for recovery of expenditures
Whenever a person who has received General Assistance from the Department owns or thereafter acquires real or personal property or an interest in real or personal property or becomes employed, the Department on behalf of the State of Vermont may recover on this statute against the person the amount the Department has expended for General Assistance furnished to the person or the person’s family. If the person is deceased, the amount expended by the Department shall be allowed as a claim against the person’s estate as a debt due the State. All statutory exemptions shall apply in the civil action. Statutes of limitations shall not be a defense or bar a debt due the State. (Added 1967, No. 147, § 7, eff. Oct. 1, 1968; amended 2021, No. 20, § 313.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 21 - General Assistance › § 2115. General Assistance program report

§ 2115. General Assistance program report
On or before September 1 of each year, the Commissioner for Children and Families shall submit a written report to the Joint Fiscal Committee; the House Committees on Appropriations, on General, Housing, and Military Affairs, and on Human Services; and the Senate Committees on Appropriations and on Health and Welfare. The report shall contain the following:
(1) an evaluation of the General Assistance program during the previous fiscal year;
(2) any recommendations for changes to the program;
(3) a plan for continued implementation of the program;
(4) statewide statistics using deidentified data related to the use of emergency housing vouchers during the preceding State fiscal year, including demographic information, client data, shelter and motel usage rates, clients’ primary stated cause of homelessness, and average lengths of stay in emergency housing by demographic group and by type of housing; and
(5) other information the Commissioner deems appropriate. (Added 2015, No. 131 (Adj. Sess.), § 9; amended 2017, No. 85, § E.321.2; 2021, No. 105 (Adj. Sess.), § 609, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 25 - Home Weatherization Assistance Program › § 2501. Home Weatherization Assistance Fund

§ 2501. Home Weatherization Assistance Fund
(a) There is created in the State Treasury a fund to be known as the Home Weatherization Assistance Fund to be expended by the Director of the State Office of Economic Opportunity in accordance with federal law and this chapter.
(b) The Fund shall be composed of the receipts from the gross receipts tax on retail sales of fuel imposed by section 2503 of this title, such funds as may be allocated from the Oil Overcharge Fund, such funds as may be allocated from the federal Low Income Energy Assistance Program, such funds as may be deposited or transferred into the Fund by the Vermont Low Income Trust for Electricity, and such other funds as may be appropriated by the General Assembly.
(c) All balances in the Fund at the end of any fiscal year shall be carried forward and remain part of the Fund. Interest earned by the Fund shall be deposited into the Fund. Disbursements from the Fund shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management. Disbursements may be made from the Fund only to support the programs established by this chapter or otherwise as authorized by this chapter. (Added 1989, No. 272 (Adj. Sess.), § 1; amended 1991, No. 262 (Adj. Sess.), § 2; 2007, No. 92 (Adj. Sess.), § 30; 2019, No. 62, § 4.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 25 - Home Weatherization Assistance Program › § 2503. Fuel tax

§ 2503. Fuel tax
(a)(1) There is imposed a tax on the retail sale of heating oil, propane, kerosene, and other dyed diesel fuel delivered in Vermont, at the rate of $0.02 per gallon.
(2) There is imposed a gross receipts tax of 0.75 percent on the retail sale of natural gas and coal.
(3) There is imposed a gross receipts tax of 0.5 percent on the retail sale of electricity.
(b) The tax shall be levied upon and collected monthly from the seller. Fuel sellers may itemize the tax on the invoice or bill, and if the seller does itemize the amount, the invoice or bill shall include a statement that the tax is “for support of Vermont’s Low Income Home Weatherization Program.”
(c) The tax shall be administered by the Commissioner of Taxes, and all receipts shall be deposited by the Commissioner in the Home Weatherization Assistance Fund. All provisions of law relating to the collection, administration, and enforcement of the sales and use tax imposed by 32 V.S.A. chapter 233 shall apply to the tax imposed by this chapter.
(d) No tax under this section shall be imposed for any month ending after June 30, 2024. (Added 1989, No. 272 (Adj. Sess.), § 1; amended 1991 No. 262 (Adj. Sess.), §§ 5-7; 1993, No. 230 (Adj. Sess.), §§ 1, 2; 2003, No. 9, § 2; 2007, No. 65, § 132; 2007, No. 92 (Adj. Sess.), § 32; 2009, No. 22, § 9a; 2009, No. 3 (Sp. Sess.), § 18, eff. June 10, 2009; 2009, No. 160 (Adj. Sess.), § 44; 2011, No. 45, §§ 32, 32a, eff. May 24, 2011; 2013, No. 50, § E.324.3; 2013, No. 73, § 56, eff. June 5, 2013; 2013, No. 131 (Adj. Sess.), § 55, eff. May 20, 2014; 2013, No. 174 (Adj. Sess.), § 48; 2015, No. 134 (Adj. Sess.), § 35; 2015, No. 134 (Adj. Sess.), § 39, eff. Jan. 1, 2017; 2019, No. 71, § 18.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 26 - Home Heating Fuel Assistance › § 2601. Policy and purpose

§ 2601. Policy and purpose
(a) It is the purpose of this chapter to secure the safety and health of low income Vermont households by providing needy Vermonters with assistance for the purchase of essential home heating fuel. To further this purpose, application acceptance, processing, and eligibility determination should as much as is practical be coordinated with other economic benefit programs administered by the Agency of Human Services.
(b) This chapter establishes a Home Heating Fuel Assistance Program in the Agency of Human Services with both a seasonal fuel assistance component and a crisis component. (Added 1995, No. 158 (Adj. Sess.), § 1, eff. May 10, 1996; amended 2009, No. 88 (Adj. Sess.), § 1, eff. April 29, 2010.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 26 - Home Heating Fuel Assistance › § 2601a. Definitions

§ 2601a. Definitions
As used in this chapter:
(1) “Household” means any individual or group of individuals who live together as one economic unit:
(A) for whom energy for home heating fuel is customarily purchased in common; or
(B) who make undesignated payments for energy for home heat in the form of rent.
(2) The following individuals are members of the same household based on their being legally responsible for the financial support of the applicant or recipient or another member of the household:
(A) an individual residing in the dwelling unit who is the husband, wife, or civil union partner, or minor daughter or son of the applicant or recipient;
(B) an individual residing in the dwelling unit who is the parent of any minor daughter or son included in the household; any minor daughter or son of such parent not already included in the household; the husband, wife, or civil union partner of any minor included in the household; or the minor daughter or son of any minor included in the household.
(3) The following individuals shall be presumed to be members of the same household, unless the applicant or recipient provides to the Office of Home Heating Fuel Assistance reasonable evidence that such individuals are not members of the same household economic unit:
(A) An individual residing in the dwelling unit who is related by blood, civil marriage, or adoption to another resident of the dwelling unit and has not been included in the household in accordance with the provisions of subdivision (2) of this section. Such relationships include the relationship of the adult applicant or adult recipient to his or her father, mother, grandmother, grandfather, adult son, adult daughter, grandson, granddaughter, brother, sister, stepfather, stepmother, stepbrother, or stepsister.
(B) An unrelated individual residing in the dwelling unit who does not pay reasonable compensation to rent one or more rooms as separate living quarters, or who does not make reasonable compensation in the form of caretaker or companionship services in the case of an applicant or recipient who is 60 years of age or older or disabled.
(4) The following individuals shall be presumed not to be members of the same household, provided that the applicant or recipient provides to the Office of Home Heating Fuel Assistance reasonable evidence that such individuals meet the following standards for exclusion from the economic unit:
(A) individuals in the custody of and placed in foster care by the Department for Children and Families and individuals placed in a home by or through a program administered by the Department of Health or of Disabilities, Aging, and Independent Living;
(B) individuals providing medically necessary personal care or homemaker services to a member of the household who is 60 years of age or older or disabled. (Added 1999, No. 59, § 1, eff. June 1, 1999; amended 2005, No. 174 (Adj. Sess.), § 108; 2007, No. 172 (Adj. Sess.), § 12; 2021, No. 20, § 315.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 26 - Home Heating Fuel Assistance › § 2602. Administration

§ 2602. Administration
(a) The Agency of Human Services shall administer the Home Heating Fuel Assistance Program through an Office of Home Heating Fuel Assistance to be assigned within the Agency as determined by the Secretary and to be headed by a Director appointed by the Secretary.
(b) The Secretary of Human Services shall adopt rules, pursuant to 3 V.S.A. chapter 25, necessary for the implementation of this chapter, or pursuant to any applicable federal laws or regulations.
(c) The Secretary shall engage in cost-effective purchasing practices to maximize the purchasing power of public funds used in connection with the Home Heating Fuel Assistance Program. Such practices shall include preseason purchases of fuel, fixed price agreements, automatic fuel delivery, and negotiations with fuel suppliers on behalf of Program beneficiaries for additional fuel price discounts. The practices authorized by this subsection shall be used in connection with all applicable fuels purchased by Program beneficiaries. The Secretary shall make available to Program recipients the list of fuel suppliers who have agreed to provide fuel discounts.
(d) [Repealed.] (Added 1995, No. 158 (Adj. Sess.), § 1, eff. May 10, 1996; amended 2001, No. 63, § 129a, eff. June 16, 2001; 2005, No. 93 (Adj. Sess.), § 38, eff. March 3, 2006; 2007, No. 172 (Adj. Sess.), § 13; 2013, No. 50, § E.324.4, eff. July 2, 2013; 2013, No. 89, § 17; 2017, No. 3, § 65, eff. March 2, 2017.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 26 - Home Heating Fuel Assistance › § 2602a. Office of Home Energy Assistance

§ 2602a. Office of Home Energy Assistance
(a) There is created an Office of Home Energy Assistance to be assigned to a department within the Agency of Human Services as designated by the Secretary and to be headed by a Director appointed by the Secretary.
(b) The responsibilities of the Office of Home Energy Assistance shall include:
(1) administering the Low Income Home Energy Assistance Program (LIHEAP), 42 U.S.C. § 8621 et seq., and coordinating it with other related heating and weatherization programs;
(2) developing and recommending policy changes for the Secretary;
(3) coordinating home energy advocacy training and statewide outreach;
(4) monitoring related federal developments and projects in other states;
(5) exploring alternative and additional funding possibilities to LIHEAP, both private and public;
(6) preparing a written annual report addressing the functions set forth in this chapter as well as energy needs; caseload and funding projections; recommendations, if any, for appropriate pilot projects; and, in coordination with the Home Energy Assistance Task Force, recommendations to the General Assembly; and
(7) coordinating with the Vermont Housing Finance Agency and the Vermont Economic Development Authority in establishing income, efficiency, and administrative guidelines for the Energy Efficiency Loan Program.
(c) A Home Energy Assistance Task Force shall advise the Office of Home Energy Assistance. The Task Force shall be composed of the Commissioner of the designated department or the Commissioner’s designee, one member of the low-income community selected by the Vermont Low Income Advocacy Council, Inc., one representative of elders selected by the Community of Vermont Elders, one representative of people with disabilities selected by the Vermont Coalition for Disability Rights, one representative of unregulated fuel providers selected by unregulated fuel providers, one representative of electric utilities selected by the electric utilities, one representative of gas utilities selected by the gas utilities, one representative of the State Office of Economic Opportunity, and one representative of the Department of Public Service. If any constituency group cannot agree on its representative, the Secretary shall make those selections. Members of the Task Force shall be entitled to reimbursement for reasonable travel and meal expenses. The Task Force shall report regularly to the Director and on request to the General Assembly for the purpose of making recommendations for improving Vermont’s Home Energy Assistance Programs. (Added 1993, No. 182 (Adj. Sess.), § 1; amended 2007, No. 192 (Adj. Sess.), § 6.019, eff. June 7, 2008; 2013, No. 96 (Adj. Sess.), § 212; 2013, No. 131 (Adj. Sess.), § 54, eff. May 20, 2014; 2021, No. 20, § 316.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 26 - Home Heating Fuel Assistance › § 2602b. LIHEAP and weatherization

§ 2602b. LIHEAP and weatherization
Notwithstanding section 2501 of this title, the Secretary of Human Services may transfer up to 15 percent of each federal fiscal year’s Low Income Home Energy Assistance Program (LIHEAP) block grant to the Home Weatherization Assistance Program to be used for weatherization projects and program administration allowable under LIHEAP in the same State fiscal year. At the same time, an equivalent transfer shall be made to the Low Income Home Energy Assistance Program from the Home Weatherization Assistance Fund to provide home heating fuel benefits and program administration in the same State fiscal year. (Added 2018, No. 11 (Sp. Sess.), § E.324.1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 26 - Home Heating Fuel Assistance › § 2606. Application period; assistance

§ 2606. Application period; assistance
(a) The Secretary of Human Services or designee may accept applications on an ongoing basis beginning on April 1, 2010. The Secretary or designee may establish by rule the procedure for accepting applications and determining eligibility under this subsection.
(b) No qualified applicant shall be penalized through a reduction of benefits for a late-filed application, except that such applicant shall not receive benefits for any period prior to the month of application.
(c) The Secretary of Human Services or designee shall process applications and related tasks, including assisting households in applying and providing required information and locating and contacting fuel suppliers certified under section 2607 of this title. (Added 1995, No. 158 (Adj. Sess.), § 1, eff. May 10, 1996; amended 1999, No. 59, § 5, eff. June 1, 1999; 2009, No. 1 (Sp. Sess.), § E.324.2; 2009, No. 88 (Adj. Sess.), § 5, eff. April 29, 2010.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 26 - Home Heating Fuel Assistance › § 2608. Weatherization program agreements

§ 2608. Weatherization program agreements
The Director of the Home Energy Assistance Program shall inform the Administrator of the Home Weatherization Assistance Program, established under chapter 25 of this title, of all participants in the Home Heating Fuel Assistance Program. The Agency of Human Services shall provide all participants in the Home Heating Fuel Assistance Program with information regarding the efficiency utility established under 30 V.S.A. § 209. All participants in the Home Heating Fuel Assistance Program shall be deemed to comply with any income requirements of the Home Weatherization Program, but to receive weatherization services, recipients shall be required to meet any other eligibility requirements of the Home Weatherization Program. As a condition of receipt of benefits under the Home Heating Fuel Assistance Program, a recipient shall consent to receive services of the Home Weatherization Assistance Program. The Home Weatherization Assistance Program shall give the highest priority to providing services to participants within the Home Heating Fuel Assistance Program and, among those participants, to those who require the highest energy usage. (Added 1995, No. 158 (Adj. Sess.), § 1, eff. May 10, 1996; amended 2005, No. 208 (Adj. Sess.), § 16; 2013, No. 50, § E.324.7; 2013, No. 89, § 20; 2017, No. 85, § F.3, eff. June 28, 2017.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 26 - Home Heating Fuel Assistance › § 2609. Crisis reserves; eligibility and assistance

§ 2609. Crisis reserves; eligibility and assistance
(a) Annually, the Secretary of Human Services or designee shall determine an appropriate amount of funds to be set aside for expenditure for the crisis fuel assistance component of the Home Heating Fuel Program. The Secretary or designee shall also adopt rules to define crisis situations for the expenditure of the home heating fuel crisis funds and to establish the income eligibility requirements of households for receipt of crisis Home Heating Fuel Assistance, provided that no household shall be eligible whose gross household income is greater than 200 percent of the federal poverty level based on the income of all persons residing in the household. To the extent allowed by federal law, the Secretary or designee shall establish by rule a calculation of gross income based on the same rules used in 3SquaresVT, except that the Secretary or designee shall include additional deductions or exclusions from income required by LIHEAP.
(b) Crisis fuel grants shall be limited per winter heating season to one grant for households that are income-eligible and have received a seasonal fuel assistance grant and meet all eligibility requirements for crisis fuel assistance or to two grants for households that are not income-eligible for seasonal fuel assistance and meet all eligibility requirements for crisis fuel assistance. (Added 1995, No. 158 (Adj. Sess.), § 1, eff. May 10, 1996; amended 2009, No. 1 (Sp. Sess.), § E.324.5; 2009, No. 88 (Adj. Sess.), § 7, eff. April 29, 2010; 2011, No. 75 (Adj. Sess.), § 113, retroactively eff. June 1, 2010; 2013, No. 50, § E.324.9; 2017, No. 85, § F.5, eff. June 28, 2017.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 32 - Office of the Child, Youth, & Family Advocate › § 3201. Definitions

§ 3201. Definitions
As used in this chapter:
(1) “Child, Youth, and Family Advocate” or “Advocate” means an individual who leads the Office of the Child, Youth, and Family Advocate.
(2) “Department” means the Department for Children and Families.
(3) “Office” means the Office of the Child, Youth, and Family Advocate.
(4) “State agency” means any office, department, board, bureau, division, agency, or instrumentality of the State. (Added 2021, No. 129 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 32 - Office of the Child, Youth, & Family Advocate › § 3202. Office of the Child, Youth, and Family Advocate

§ 3202. Office of the Child, Youth, and Family Advocate
There is established the Office of the Child, Youth, and Family Advocate for the purpose of advancing the interests and welfare of Vermont’s children and youths. The Office shall advocate for the welfare of children and youths receiving services from the Department directly, or through funds provided by the Department, and those involved in the child protection and juvenile justice systems. The Office shall promote reforms necessary to better serve Vermont’s children, youths, and families in a manner that addresses racial and social equity. The Office shall act independently of any State agency in the performance of its duties. (Added 2021, No. 129 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 32 - Office of the Child, Youth, & Family Advocate › § 3203. Duties and authority

§ 3203. Duties and authority
(a) The Office shall:
(1) work in collaboration with relevant parties to strengthen services for children, youths, and families;
(2) analyze and monitor the development and implementation of federal, State, and local laws; regulations; and policies relating to child, youth, and family welfare and recommend changes when appropriate;
(3) review complaints concerning the actions of the Department and of any entity that provides services to children, youths, and families through funds provided by the Department; make appropriate referrals; and respond to those complaints where the Advocate determines that a child, youth, or family may be in need of assistance from the Office;
(4) support children, youths, and families by providing information about service recipients’ rights and responsibilities;
(5) provide systemic information concerning child, youth, and family welfare to the public, the Governor, State agencies, legislators, and others, as necessary; and
(6) notwithstanding 2 V.S.A. § 20(d), submit to the General Assembly and the Governor on or before December 1 of each year a report addressing services provided by the Department, including:
(A) the conditions of placements for Vermont’s children and youths;
(B) findings related to services for and assistance to children, youths, and families within the child protection and juvenile justice systems;
(C) recommendations related to improving services for children, youths, and families; and
(D) data disaggregated by race, ethnicity, gender, geographic location, disability status, and any other categories that the Advocate deems necessary.
(b) The Office may:
(1) review current systems to assess to what extent children and youths placed in the custody of the Department or who are receiving services under the supervision of the Department receive humane and dignified treatment at all times, including consideration by the Advocate as to what extent the system protects and enhances the child’s or youth’s personal dignity, right to privacy, and right to appropriate health care and education in accordance with State and federal law;
(2) address any challenges accessing information or records that are necessary for carrying out the provisions of this chapter; and
(3) as part of its annual report pursuant to subdivision (a)(6) of this section, include findings and recommendations related to other services provided to children, youths, and families. (Added 2021, No. 129 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 32 - Office of the Child, Youth, & Family Advocate › § 3204. Child, Youth, and Family Advocate

§ 3204. Child, Youth, and Family Advocate
(a) The Office shall be directed by the Child, Youth, and Family Advocate, an individual who shall be qualified by reason of education, expertise, and experience and who may have a professional degree in law, social work, public health, or a related field. The Child, Youth, and Family Advocate shall serve on a full-time basis and shall be exempt from classified service.
(b)(1) The Oversight Commission on Children, Youths, and Families established pursuant to section 3211 of this chapter shall recommend qualified applicants for the position of the Child, Youth, and Family Advocate to the Governor for consideration. Subject to confirmation by the Senate, the Governor shall appoint an Advocate within 45 days from among those applicants recommended by the Oversight Commission for a term of four years. The appointment for Advocate shall be made without regard to political affiliation and on the basis of integrity and demonstrated ability. The Advocate shall hold office until reappointed or until a successor is appointed.
(2) The Governor, upon a majority vote of the Oversight Commission, may remove the Child, Youth, and Family Advocate for cause, which includes only neglect of duty, gross misconduct, conviction of a crime, or inability to perform the responsibilities of the Office. The Speaker of the House and President Pro Tempore shall simultaneously receive notification from the Governor of the Advocate’s removal. Any vacancy shall be filled by the appointment process set forth in subdivision (1) of this subsection for the remainder of the unexpired term.
(c) The Child, Youth, and Family Advocate shall appoint a Deputy Child, Youth, and Family Advocate, whose duties shall be performed at the direction of the Advocate.
(d) Upon any vacancy in the position of the Advocate, and until such time as a replacement is appointed and confirmed, the Deputy Child, Youth, and Family Advocate shall serve as the acting Child, Youth, and Family Advocate. The acting Child, Youth, and Family Advocate shall have the full responsibilities of the Advocate and shall be entitled to the same compensation as the outgoing Child, Youth, and Family Advocate. (Added 2021, No. 129 (Adj. Sess.), § 1, eff. July 1, 2022.)