reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7207. Powers and duties of receiver

§ 7207. Powers and duties of receiver
(a) A receiver shall not take any actions or assume any responsibilities inconsistent with the purposes of this subchapter or the duties specifically provided for in this section.
(b) Unless otherwise ordered by the court and subject to the limitations provided for in sections 7208 through 7211 of this chapter, the receiver appointed under this subchapter shall:
(1) notify residents of the receivership and shall provide written notice by first-class mail to the last known address of the next of kin after the facility is placed in receivership;
(2) operate the facility;
(3) remedy the conditions that constituted grounds for the receivership;
(4) remedy violations of State rules and federal regulations governing the operation of the facility;
(5) protect the health, safety, and welfare of the residents, including the correction or elimination of any deficiency of the facility that endangers the safety or health of the residents;
(6) preserve the assets and property of the residents, the owner, and the licensee;
(7) hire, direct, manage, and discharge any employees, including the administrator or manager of the facility;
(8)(A) apply the revenues of the facility to current operating expenses;
(B) receive and expend in a reasonable and prudent manner the revenues of the facility due during the 30-day period preceding the date of appointment and becoming due thereafter; and
(C) to the extent possible, apply the revenues of the facility to debts incurred by the licensee prior to the appointment of the receiver;
(9) continue the business of the facility and the care of residents;
(10) file monthly reports containing information as required by the licensing agency to the owner and the licensing agency; and
(11) exercise such additional powers and perform such additional duties as ordered by the court. (Added 2009, No. 36, § 2; amended 2021, No. 20, § 359.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7208. Limitations; corrections of conditions

§ 7208. Limitations; corrections of conditions
(a)(1) Except as provided in subsection (b) of this section, if the total cost of correcting conditions that constituted grounds for the receivership and violations of State rules and federal regulations governing the operation of the facility or of other health and safety issues exceeds $5,000.00, the receiver shall notify the mortgage holder, licensee, and owner of the conditions needing correcting and the estimated amount needed to correct the condition.
(2) The mortgage holder, owner, or licensee shall have five days from the date of mailing of the notice to apply to the court to determine the reasonableness of the expenditure by the receiver.
(3) If the mortgage holder, owner, or licensee files a motion objecting to the corrections, the receiver shall not correct the conditions until ordered by the court.
(b) If the condition constitutes a situation; physical condition; or a practice, method, or operation that presents imminent danger of death or serious physical or mental harm to residents and the estimate of the total cost of the correction exceeds $10,000.00, the receiver shall notify the mortgage holder, owner, and licensee who may object to the court as provided in subsection (a) of this section. The receiver may proceed with the corrections pending a hearing and order of the court. (Added 2009, No. 36, § 2; amended 2021, No. 20, § 360.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7209. Limitations; payment of debts

§ 7209. Limitations; payment of debts
The receiver shall petition the court when debts incurred prior to appointment of the receiver appear extraordinary, of questionable validity, or unrelated to the normal and expected maintenance and operation of the facility, or where payment of the debts will interfere with the purposes of the receivership. The court shall determine the order of priority of debts, with first priority given to expenditures for direct care of current residents. (Added 2009, No. 36, § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7210. Limitations; authority to borrow

§ 7210. Limitations; authority to borrow
(a) In the event that the receiver does not have sufficient funds to cover expenses needed to prevent or remove jeopardy to the residents or to pay the debts accruing to the facility, the receiver may petition the court for permission to borrow for these purposes.
(b) Notice of the receiver’s petition to the court for permission to borrow must be given to the owner, the licensee, the mortgage holder, and the licensing agency.
(c) The court may, after hearing, authorize the receiver to borrow money upon specified terms of repayment and to pledge security, if necessary, if the court determines that the facility should not be closed and that the loan is reasonably necessary to prevent or remove jeopardy, or if it determines that the facility should be closed and that the expenditure is necessary to prevent or remove jeopardy to residents for the limited period of time when they are awaiting transfer. (Added 2009, No. 36, § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7211. Limitations; closure of the facility

§ 7211. Limitations; closure of the facility
(a) The receiver shall not close the facility without leave of the court.
(b) The court shall consider the protection of residents and shall prevent the closure of facilities that, under proper management, are likely to be financially viable. This section shall not be construed as a method of financing major repair or capital improvements to facilities that have been allowed to deteriorate because the owner or licensee has been unable or unwilling to secure financing by conventional means.
(c) In ruling on a motion to close the facility, the court shall consider:
(1) the rights and best interests of the residents;
(2) the availability of suitable alternative placements;
(3) the rights, interest, and obligations of the owner and licensee;
(4) the licensure status of the facility; and
(5) the need for the facility in the geographic area.
(d) When a facility is closed, the receiver shall provide for the orderly transfer of residents to mitigate trauma caused by the transfer to another facility. (Added 2009, No. 36, § 2; amended 2021, No. 20, § 361.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7212. Writ of possession

§ 7212. Writ of possession
After notice and a hearing, the court may issue a writ of possession as provided for in 12 V.S.A. § 4854 on behalf of the receiver for specific real or personal property related or pertaining to the facility. (Added 2009, No. 36, § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7213. Attachment; trustee process

§ 7213. Attachment; trustee process
Revenues held by or owing to the receiver in connection with the operation of the facility are exempt from attachment as provided for in 12 V.S.A. chapter 123 and trustee process as provided for in 12 V.S.A. chapter 121, including process served prior to the institution of receivership proceedings. (Added 2009, No. 36, § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7214. Avoidance of contracts

§ 7214. Avoidance of contracts
(a) The court may grant a motion filed by the receiver to avoid a lease, mortgage, secured transaction, or other contract entered into by the owner or licensee of the facility if the court finds that the agreement:
(1) was entered into for a fraudulent purpose or to hinder or delay creditors;
(2) including a rental amount, price, or rate of interest, was unreasonable or excessive at the time the agreement was entered into; or
(3) is unrelated to the operation of the facility.
(b)(1) The receiver shall send notice of the motion to any known owners and mortgage holder of the property, the licensing agency, and the State Long-Term Care Ombudsman at the time of filing.
(2) The court shall hold a hearing on the receiver’s motion to avoid a contract within 15 days.
(c) If the receiver is in possession of real estate or goods subject to a contract or security interest that the receiver is permitted to avoid under this section and if the real estate or goods are necessary for the continued operation of the facility, the court may set a reasonable rental amount, price, rate of interest, or replacement contract term to be paid by the receiver during the term of the receivership.
(d) Payment by the receiver of the amount determined by the court to be reasonable is a defense to an action against the receiver for payment or for the possession of the subject goods or real estate by a person who received notice.
(e) Notwithstanding any provision of this section to the contrary, there shall not be a foreclosure or eviction during the receivership by any person if the foreclosure or eviction would, in view of the court, serve to defeat the purpose of the receivership. (Added 2009, No. 36, § 2; amended 2021, No. 20, § 362.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7215. Obligations of the owner or licensee

§ 7215. Obligations of the owner or licensee
(a) A licensee, owner, manager, employee, or such person’s agent shall cooperate with the receiver in any proceeding under this chapter, including replying promptly to any inquiry from the receiver or the licensing agency requesting a reply and making available to the receiver any books, accounts, documents, or other records or information or property pertaining to operation of the facility in his or her possession, custody, or control. A person shall not obstruct or interfere with the receiver in the conduct of any receivership.
(b) This section shall not be construed to abridge otherwise existing legal rights, including the right to resist a petition for receivership or revocation or suspension of licensure.
(c)(1) After notice of the receiver’s appointment, a person who fails to cooperate with the receiver or any person who obstructs or interferes with the receiver in the conduct of the receivership shall be assessed a civil penalty of not more than $10,000.00.
(2) A person who violates this subsection may be subject to the revocation or suspension of a nursing home administrator’s license or a license to operate a facility. (Added 2009, No. 36, § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7216. Review and termination

§ 7216. Review and termination
(a) The court shall review the necessity of the receivership at least semiannually.
(b) Either party or the Commissioner of Disabilities, Aging, and Independent Living may petition the court to terminate the receivership. The petition shall include a certification from the Commissioner or designee that the conditions that prompted the appointment have been corrected or, in the case of a discontinuance of operation, when the residents are safely relocated.
(c) The petitioner shall send notice of the petition to terminate the receivership to the mortgage holder, the licensing agency, and the State Long-Term Care Ombudsman at the time of filing.
(d) A receivership shall not be terminated in favor of the former or the new licensee unless that person assumes all obligations incurred by the receiver and provides collateral or other assurances of payment considered sufficient by the court.
(e) At the time of termination of the receivership, the court shall lift the suspension or revoke the license of the licensee. (Added 2009, No. 36, § 2; amended 2021, No. 20, § 363.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 71 - Regulation of Long-Term Care Facilities › § 7217. Duties of licensing agency

§ 7217. Duties of licensing agency
The licensing agency shall have the duty to provide information to residents of long-term care facilities for which a receiver has been appointed by the court. When applicable, the licensing agency shall assist in the process of transferring residents to another long-term care facility, including providing information about facilities with available openings. (Added 2009, No. 36, § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 73 - Nursing Home Residents' Bill of Rights › § 7302. Adoption of grievance procedure

§ 7302. Adoption of grievance procedure
(a) [Repealed.]
(b) A resident grievance mechanism plan shall include a method by which each resident filing a grievance will be made aware of the State Long-Term Care Ombudsman and that the Ombudsman may be contacted as an alternative or in addition to the home’s grievance mechanism. As used in this section, “Ombudsman” means the State Long-Term Care Ombudsman established in chapter 75 of this title pursuant to the Older Americans Act of 1965, as amended.
(c) The grievance mechanism within the facility will provide, at a minimum:
(1) designation of employees responsible for handling and assessing the validity of a grievance or recommendation;
(2) a method of investigating and assessing the validity of a grievance or recommendation;
(3) methods of resolving grievances; and
(4) methods of recording grievances and actions taken.
(d) Complaints that cannot be resolved by the grievance procedure within the facility shall be referred to the Ombudsman within seven working days.
(e) Within seven days of receipt of the complaint, the Ombudsman shall notify the complainant and the nursing home that an investigation has been initiated and that a written report will be made to the complainant and the nursing home within 14 days. (Added 1985, No. 153 (Adj. Sess.); amended 1989, No. 71, § 2; 1989, No. 219 (Adj. Sess.), § 9(a); 2005, No. 174 (Adj. Sess.), § 135; 2021, No. 20, § 365; 2023, No. 53, § 130, eff. June 8, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 73 - Nursing Home Residents' Bill of Rights › § 7303. Notice to residents; posting

§ 7303. Notice to residents; posting
(a) A summary of the obligations of the nursing home to residents using its facilities shall be written in clear language, in easily readable print, and posted conspicuously in a public place on each floor of the home. This notice shall also summarize the facility’s grievance procedure and directions for contacting the Office of the State Long-Term Care Ombudsman. The directions for contacting the Office of the State Long-Term Care Ombudsman shall be written by the Department of Disabilities, Aging, and Independent Living; shall include a description of the Ombudsman program; and shall be underscored.
(b) A readable copy of this same notice shall be presented to each resident on admission together with an oral explanation of the rights, grievance procedure, and directions for contacting the Office of the State Long-Term Care Ombudsman. (Added 1985, No. 153 (Adj. Sess.); amended 1989, No. 71, § 3; 1989, No. 219 (Adj. Sess.), § 5; 2005, No. 174 (Adj. Sess.), § 136; 2013, No. 131 (Adj. Sess.), § 92, eff. May 20, 2014; 2021, No. 20, § 366.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 73 - Nursing Home Residents' Bill of Rights › § 7304. Administrative penalty

§ 7304. Administrative penalty
The Commissioner of Disabilities, Aging, and Independent Living may, after a hearing, impose an administrative penalty of not more than $1,000.00 against any facility or employee of a facility who violates a provision of this chapter. (Added 1985, No 153 (Adj. Sess.); amended 1989, No. 219 (Adj. Sess.), § 6; 2005, No. 174 (Adj. Sess.), § 137.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 73 - Nursing Home Residents' Bill of Rights › § 7305. Readmission

§ 7305. Readmission
Notwithstanding any provision of this chapter to the contrary, a facility may petition the Commissioner of Disabilities, Aging, and Independent Living to deny readmission to the facility of any former resident returning from a period of hospitalization. A petition shall be made as soon as possible after the hospitalization of the resident and only shall be granted if in the judgment of the Commissioner, upon consultation with the State Long-Term Care Ombudsman, the resident has exhibited a nonremedial pattern of violent behavior that poses a danger to others. (Added 1985, No. 153 (Adj. Sess.); amended 1989, No. 71, § 4; 1989, No. 219 (Adj. Sess.), § 7; 2005, No. 174 (Adj. Sess.), § 138; 2021, No. 20, § 367.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 73 - Nursing Home Residents' Bill of Rights › § 7306. Resident’s representative

§ 7306. Resident’s representative
(a) Except as provided in subsection (b) of this section, the rights and obligations established under this chapter shall devolve to a resident’s guardian, next of kin, sponsoring agency, or representative payee (except when the facility itself is a representative payee) if the resident:
(1) has been adjudicated incompetent;
(2) has been found by his or her physician to be medically incapable of understanding or exercising the rights granted under this chapter; or
(3) exhibits a communication barrier.
(b) Notwithstanding the provisions of subsection (a) of this section, consent for a do-not-resuscitate order or a clinician order for life-sustaining treatment shall be provided or withheld only by the resident, by the resident’s guardian or agent, or by a surrogate designated pursuant to 18 V.S.A. chapter 231, subchapter 2.
(c)(1) A resident’s representative identified in subsections (a) and (b) of this section shall make decisions for the resident by attempting to determine what the resident would have wanted under the circumstances. In making the determination, the resident’s representative shall consider the following:
(A) the resident’s specific instructions or wishes as expressed to a spouse, adult child, parent, adult sibling, adult grandchild, clergy person, health care provider, or any other adult who has exhibited specific care or concern for the resident; and
(B) the representative’s knowledge of the resident’s personal preferences, values, or religious or moral beliefs.
(2) If the resident’s representative cannot determine what the resident would have wanted under the circumstances, the representative shall make a determination through an assessment of the resident’s best interests. When making a decision for the resident on this basis, the representative shall not authorize the provision or withholding of health care on the basis of the resident’s economic status or a preexisting, long-term mental or physical disability.
(3) When making a determination under this section, representatives shall not consider their own interests, wishes, values, or beliefs.
(d) Notwithstanding the provisions of subsection (a) of this section, the facility shall make every reasonable effort to communicate the rights and obligations established under this chapter directly to the resident. (Added 1985, No. 153 (Adj. Sess.); amended 1989, No. 71, § 5; 1999, No. 91 (Adj. Sess.), § 37; 2013, No. 131 (Adj. Sess.), § 93, eff. May 20, 2014; 2015, No. 23, § 50; 2015, No. 136 (Adj. Sess.), § 2, eff. Jan. 1, 2018.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 75 - State Long-Term Care Ombudsman › § 7502. Office of the Long-Term Care Ombudsman established

§ 7502. Office of the Long-Term Care Ombudsman established
The Office of the Long-Term Care Ombudsman is established in the Department of Disabilities, Aging, and Independent Living to represent the interests of older persons and persons with disabilities under 60 years of age receiving long-term care in accordance with the provisions of this chapter and the Older Americans Act. Subject to the provisions of 42 U.S.C. § 3058g, the Department may operate the Office and carry out the program directly or by contract or other arrangement with any public agency or nonprofit private organization. The Office shall be headed by the State Long-Term Care Ombudsman. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 1993, No. 132 (Adj. Sess.), § 1; 1995, No. 174 (Adj. Sess.), § 4; 2005, No. 56, § 3, eff. June 13, 2005; 2005, No. 174 (Adj. Sess.), § 139; 2017, No. 23, § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 75 - State Long-Term Care Ombudsman › § 7503. Responsibilities of the Office

§ 7503. Responsibilities of the Office
The Office shall:
(1) investigate and resolve complaints on behalf of individuals receiving long-term care;
(2) analyze and monitor the development and implementation of federal, State, and local laws and of rules, regulations, and policies relating to long-term care, long-term care facilities, or providers of long-term care and recommend changes it deems appropriate;
(3) provide information to the public, agencies, legislators, and others, as it deems necessary, regarding problems and concerns of individuals receiving long-term care, including recommendations related to such problems and concerns;
(4) develop and establish policies and procedures for involvement by volunteers in the work of the Office;
(5) promote the development of citizen and consumer organizations in the work of the Office and the quality of life of individuals receiving long-term care;
(6) establish policies and procedures for protecting the confidentiality of its clients as required by the Older Americans Act;
(7) establish qualifications and training for the Ombudsman and representatives of the Office, monitor their performance, and establish procedures for certifying staff and volunteers;
(8) train persons and organizations in advocating for the interests of individuals receiving long-term care;
(9) develop and implement a uniform reporting system to collect and analyze information relating to complaints by individuals receiving long-term care and conditions in long-term care facilities;
(10) submit to the General Assembly and the Governor on or before January 15 of each year a report on complaints by individuals receiving long-term care, conditions in long-term care facilities, and the quality of long-term care and recommendations to address identified problems; and
(11) perform such other activities as the Office deems necessary on behalf of individuals receiving long-term care. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 2005, No. 56, § 3, eff. June 13, 2005; 2017, No. 23, § 1; 2021, No. 20, § 368.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 75 - State Long-Term Care Ombudsman › § 7505. Cooperation of State agencies

§ 7505. Cooperation of State agencies
(a) All State agencies shall comply with reasonable requests of the Ombudsman for information and assistance and shall comply with the requirements for State agencies set forth in 45 C.F.R. § 1324.15.
(b) The Secretary of Human Services may adopt rules necessary to ensure that departments within the Agency of Human Services cooperate with the Ombudsman’s office. Cooperation shall include providing information regarding conditions and care in long-term care facilities. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 2017, No. 23, § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 75 - State Long-Term Care Ombudsman › § 7506. Disclosure of information

§ 7506. Disclosure of information
(a) In determining whether and to what extent to disclose files, records, and other information maintained by the Ombudsman program, the Ombudsman shall:
(1) have the sole authority to make or delegate determinations concerning the disclosure of files, records, and other information maintained by the Ombudsman program, and shall comply with Section 712(d) of the federal Older Americans Act, 42 U.S.C. § 3058g(d), in responding to requests for disclosure of files, records, and other information, regardless of the format of the file, record, or other information; the source of the request; or the sources of funding for the Ombudsman program;
(2) develop and adhere to criteria to guide the Ombudsman’s discretion in determining whether to disclose the files, records, or other information; and
(3) develop and adhere to a process for appropriate disclosure of information maintained by the Ombudsman’s office.
(b) Except as otherwise required by law, the Ombudsman program shall not disclose identifying information relating to any resident on whom the Ombudsman program maintains files, records, or information unless:
(1) the resident or resident representative communicates informed consent to the disclosure and consent is provided in writing or through the use of auxiliary aids and services;
(2) the resident or resident representative communicates informed consent orally, visually, or through the use of auxiliary aids and services and the Ombudsman or a representative of the Office documents the consent contemporaneously in accordance with established procedures; or
(3) disclosure is required by court order.
(c) The Ombudsman program shall not disclose identifying information relating to any complainant on whom the Ombudsman program maintains files, records, or information unless:
(1) the complainant communicates informed consent to the disclosure and consent is provided in writing or through the use of auxiliary aids and services;
(2) the complainant communicates informed consent orally, visually, or through the use of auxiliary aids and services and the Ombudsman or a representative of the Office documents the consent contemporaneously in accordance with established procedures; or
(3) disclosure is required by court order. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 2017, No. 23, § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 75 - State Long-Term Care Ombudsman › § 7507. Immunity

§ 7507. Immunity
No civil liability shall attach to the Ombudsman or any representative of the Office for good faith performance of the functions, responsibilities, or duties imposed by this chapter. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 2017, No. 23, § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 75 - State Long-Term Care Ombudsman › § 7508. Interference and retaliation

§ 7508. Interference and retaliation
(a) A person who engages in willful interference as defined in this chapter shall be imprisoned not more than one year or fined not more than $5,000.00, or both.
(b) A person who takes discriminatory, disciplinary, or retaliatory action against an employee, resident, or volunteer of a long-term care facility; an entity that provides long-term care through the Choices for Care program contained within Vermont’s Global Commitment to Health Section 1115 demonstration; or an agency for any communication made, or information disclosed, to aid the Ombudsman’s office in carrying out its functions, duties, and responsibilities, unless the original communication or disclosure was done maliciously or without good faith, shall be imprisoned not more than one year or fined not more than $5,000.00, or both. An employee, resident, or volunteer of a long-term care facility, an entity that provides long-term care through the Choices for Care program contained within Vermont’s Global Commitment to Health Section 1115 demonstration, or an agency may seek damages in Superior Court against a person who takes such action prohibited by this subsection. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 2013, No. 131 (Adj. Sess.), § 95; 2017, No. 23, § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 75 - State Long-Term Care Ombudsman › § 7510. Legal assistance

§ 7510. Legal assistance
(a)(1) A contract for Ombudsman services shall require the Ombudsman program to secure adequate legal counsel that is available, has competencies relevant to the legal needs of the Ombudsman program and of residents, and is without conflict of interest, in order to:
(A) provide consultation and representation as needed to enable the Ombudsman program to protect the health, safety, welfare, and rights of residents; and
(B) provide consultation or representation, or both, as needed to assist the Ombudsman and representatives of the Office in the performance of their official functions, responsibilities, and duties, including complaint resolution and systems advocacy.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, if the Ombudsman or representatives of the Office are State employees, the Office of the Attorney General shall provide legal representation and advice to the Ombudsman and the representatives of the Office.
(b) Legal representation of the Ombudsman program by the Ombudsman or a representative of the Office who is a licensed attorney shall not by itself constitute adequate legal counsel. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 1993, No. 132 (Adj. Sess.), § 2; 2017, No. 23, § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 76 - Choices for Care › § 7601. Definitions

§ 7601. Definitions
As used in this chapter:
(1) “Commissioner” means the Commissioner of Disabilities, Aging, and Independent Living.
(2) “Department” means the Department of Disabilities, Aging, and Independent Living.
(3) “Savings” means the difference remaining at the conclusion of each fiscal year between the amount of funds appropriated for Choices for Care and the sum of expended and obligated funds, less an amount equal to one percent of that fiscal year’s total Choices for Care expenditure. The one percent shall function as a reserve to avoid implementing a High Needs wait list due to unplanned Choices for Care budget pressures throughout the fiscal year. (Added 2018, No. 11 (Sp. Sess.), § E.308.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 76 - Choices for Care › § 7602. Calculating and allocating savings

§ 7602. Calculating and allocating savings
(a)(1) The Department shall calculate savings and investments in Choices for Care and report the amount of savings to the Joint Fiscal Committee, the House Committees on Appropriations and on Human Services, and the Senate Committees on Appropriations and on Health and Welfare on or before September 15 of each year. The Department shall not reduce the base funding needed in a subsequent fiscal year prior to calculating savings for the current fiscal year.
(2) After reporting the savings in accordance with subdivision (1) of this subsection, the Commissioner shall determine how to allocate available Choices for Care program savings in accordance with this section.
(b) Savings shall be one-time investments or shall be used in ways that are sustainable into the future. Use of savings shall be based on the assessed needs of Vermonters as identified by the Department and its stakeholders. Priority for the use of any identified savings after the needs of all individuals meeting the terms and conditions of the waiver have been met shall be given to home- and community-based services. As used in this chapter, “home- and community-based services” includes all home-based services and Enhanced Residential Care.
(c) Savings may be used to:
(1) increase Choices for Care home- and community-based provider rates;
(2) increase Choices for Care self-directed service budgets;
(3) expand Choices for Care capacity to accommodate additional enrollees;
(4) expand Choices for Care home- and community-based service options;
(5) address Choices for Care quality improvement outcomes; and
(6) fund investments to serve older Vermonters and Vermonters with disabilities outside Choices for Care, understanding non-Medicaid services are not eligible for a federal match.
(d) Savings shall not be used to:
(1) increase nursing home rates already addressed pursuant to section 905 of this title; or
(2) pay for budget pressures related to the Collective Bargaining Agreement for independent direct support workers. (Added 2018, No. 11 (Sp. Sess.), § E.308; amended 2021, No. 20, § 369.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 78 - Individuals With Traumatic Brain Injury (Tbi) › § 7801. Vermont Traumatic Brain Injury Fund

§ 7801. Vermont Traumatic Brain Injury Fund
(a) The Vermont Traumatic Brain Injury Fund is established in the Office of the State Treasurer as a special fund to be a source of financing for services for individuals with traumatic brain injury (TBI) and for programs established by or through contracts with the Agency of Human Services for the treatment of traumatic brain injuries.
(b) Into the Fund shall be deposited proceeds from grants, donations, contributions, taxes, and any other sources of revenue as may be provided by statute, rule, or act of the General Assembly.
(c) The Fund shall be administered pursuant to 32 V.S.A. chapter 7, subchapter 5, except that interest earned on the Fund and any remaining balance shall be retained in the Fund.
(d) All monies received by or generated to the Fund shall be used only as allowed by appropriation of the General Assembly for the administration and delivery of services for individuals with TBI and for programs for the treatment of brain injuries established by or through contracts with the Agency of Human Services.
(e) The Agency of Human Services shall develop a policy for disbursement of monies from the Fund created in subsection (a) of this section and submit the policy to the Joint Fiscal Committee for approval at its September 2008 meeting. (Added 2007, No. 153 (Adj. Sess.), § 9a; amended 2021, No. 105 (Adj. Sess.), § 628, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 80 - Vermont Achieving a Better Life Experience (Able) Savings Program › § 8001. Program established

§ 8001. Program established
(a) The State Treasurer or designee shall have the authority to establish the Vermont Achieving a Better Life Experience (ABLE) Savings Program consistent with the provisions of this chapter under which a person may make contributions for a taxable year, for the benefit of an individual who is an eligible individual for such taxable year, to an ABLE account that is established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account, and that:
(1) limits a designated beneficiary to one ABLE account for purposes of this section;
(2) allows for the establishment of an ABLE account only for a designated beneficiary who is a resident of Vermont or a resident of a contracting State; and
(3) meets the other requirements of this chapter.
(b)(1) The Treasurer or designee may solicit proposals from financial organizations to implement the Program as account depositories and managers.
(2) A financial organization that submits a proposal shall describe the investment instruments that will be held in accounts.
(3) The Treasurer shall select from among the applicants one or more financial organizations that demonstrate the most advantageous combination, both to potential Program participants and this State, of the following criteria:
(A) the financial stability and integrity of the financial organization;
(B) the safety of the investment instrument offered;
(C) the ability of the financial organization to satisfy recordkeeping and reporting requirements;
(D) the financial organization’s plan for promoting the Program and the investment the organization is willing to make to promote the Program;
(E) the fees, if any, proposed to be charged to the account owners;
(F) the minimum initial deposit and minimum contributions that the financial organization will require;
(G) the ability of the financial organization to accept electronic withdrawals, including payroll deduction plans; and
(H) other benefits to the State or its residents included in the proposal, including fees payable to the State to cover expenses of operation of the Program.
(c) The Treasurer or designee shall have the authority to implement the Program in cooperation with one or more states or other partners in the manner he or she determines is in the best interests of the State and designated beneficiaries.
(d) The Treasurer or designee shall have the authority to adopt rules, policies, and procedures necessary to implement the provisions of this chapter and comply with applicable federal law. (Added 2015, No. 51, § C.7, eff. June 3, 2015; amended 2015, No. 157 (Adj. Sess.), § F.2, eff. June 2, 2016.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 80 - Vermont Achieving a Better Life Experience (Able) Savings Program › § 8002. Definitions

§ 8002. Definitions
As used in this chapter:
(1) “ABLE account” means an account established by an eligible individual, owned by the eligible individual, and maintained under the Vermont ABLE Savings Program.
(2) “Designated beneficiary” means the eligible individual who establishes an ABLE account under this chapter and is the owner of the account.
(3) “Disability certification” means a certification to the satisfaction of the Secretary by the individual or the parent or guardian of the individual that:
(A) certifies that:
(i) the individual has a medically determinable physical or mental impairment that results in marked and severe functional limitations and that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, or the individual is blind within the meaning of Section 1614(a)(2) of the Social Security Act; and
(ii) such blindness or disability occurred before the individual attained 26 years of age; and
(B) includes a copy of the individual’s diagnosis relating to the individual’s relevant impairment or impairments, signed by a physician meeting the criteria of Section 1861(r)(1) of the Social Security Act.
(4) “Eligible individual” means:
(A) a person who during a taxable year is entitled to benefits based on blindness or disability under Title II or XVI of the Social Security Act, and such blindness or disability occurred before the date on which the individual attained 26 years of age; or
(B) a person for whom a disability certification is filed with the Secretary for the taxable year.
(5) “Financial organization” means an organization that is authorized to do business in this State and that is:
(A) licensed or chartered by the Department of Financial Regulation;
(B) chartered by an agency of the federal government; or
(C) subject to the jurisdiction and regulation of the federal Securities and Exchange Commission.
(6) [Repealed.]
(7) “Qualified disability expense” means an expense related to the eligible individual’s blindness or disability that is made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: education, housing, transportation, employment training and support, assistive technology and personal support services, health, prevention and wellness, financial management and administrative services, legal fees, expenses for oversight and monitoring, funeral and burial expenses, and other expenses that are approved by the Secretary by regulation and consistent with the purposes of this section.
(8) “Secretary” means the Secretary of the U.S. Department of the Treasury. (Added 2015, No. 51, § C.7, eff. June 3, 2015; amended 2021, No. 20, § 370.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 80 - Vermont Achieving a Better Life Experience (Able) Savings Program › § 8003. Program limitations

§ 8003. Program limitations
(a) Cash contributions. The Treasurer or designee shall not accept a contribution:
(1) unless it is in cash; or
(2) except in the case of a contribution under 26 U.S.C. § 529A(c)(1)(C) (relating to a change in a designated beneficiary or program), if such contribution to an ABLE account would result in aggregate contributions from all contributors to the ABLE account for the taxable year exceeding the amount in effect under 26 U.S.C. § 2503(b) for the calendar year in which the taxable year begins.
(b) Separate accounting. The Treasurer or designee shall provide separate accounting for each designated beneficiary.
(c) Limited investment direction. A designated beneficiary may, directly or indirectly, direct the investment of any contributions to the Vermont ABLE Savings Program, or any earnings thereon, no more than two times in any calendar year.
(d) No pledging of interest as security. A person shall not use an interest in the Vermont ABLE Savings Program, or any portion thereof, as security for a loan.
(e) Prohibition on excess contributions. The Treasurer or designee shall adopt adequate safeguards under the Vermont ABLE Savings Program to prevent aggregate contributions on behalf of a designated beneficiary in excess of the limit established by the State pursuant to 26 U.S.C. § 529(b)(6). (Added 2015, No. 51, § C.7, eff. June 3, 2015; amended 2015, No. 97 (Adj. Sess.), § 70.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 80 - Vermont Achieving a Better Life Experience (Able) Savings Program › § 8004. Reports

§ 8004. Reports
(a) In general. The Treasurer or designee shall make such reports regarding the Program to the Secretary and to designated beneficiaries with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary may require.
(b) Notice of establishment of account. The Treasurer or designee shall submit a notice to the Secretary upon the establishment of an ABLE account that includes the name and state of residence of the designated beneficiary and such other information as the Secretary may require.
(c) Electronic distribution statements. The Treasurer or designee shall submit electronically on a monthly basis to the Commissioner of Social Security, in the manner specified by the Commissioner, statements on relevant distributions and account balances from all ABLE accounts created under the Vermont ABLE Savings Program.
(d) Requirements. The Treasurer or designee shall file the reports and notices required under this section at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary. (Added 2015, No. 51, § C.7, eff. June 3, 2015.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 82 - Safety Provisions for Workers › § 8201. Safety policies for employees delivering direct social or mental health services

§ 8201. Safety policies for employees delivering direct social or mental health services
(a)(1) The Secretary of Human Services, in consultation with each department of the Agency, shall establish and maintain a written workplace violence prevention and crisis response policy that meets or exceeds the requirements of this chapter in place for the benefit of employees delivering direct social or mental health services.
(2) The Secretary shall ensure that the Agency’s contracts with providers whose employees deliver direct social or mental health services and that are administered or designated but not otherwise licensed by a department of the Agency include the requirement that providers establish and maintain a written workplace violence prevention and crisis response policy that meets or exceeds the requirements of this chapter in place for the benefit of employees delivering direct social or mental health services.
(b) A written workplace violence prevention and crisis response policy prepared with input from an employee delivering direct social or mental health services shall minimally include the following:
(1) measures the provider intends to take to respond to an incident of or credible threat of workplace violence against an employee delivering direct social or mental health services;
(2) a system for centrally recording all incidents of or credible threats of workplace violence against an employee delivering direct social or mental health services;
(3) a training program to educate employees delivering direct social or mental health services about workplace violence and ways to reduce the risks; and
(4) the development and maintenance of a violence prevention and crisis response committee that includes employees delivering direct social or mental health services to monitor ongoing compliance with the violence prevention and crisis response policy and to assist employees delivering direct social or mental health services.
(c) In preparing the written violence prevention and crisis response policy required by this section, the Secretary and providers identified in subdivision (a)(2) of this section shall consult the U.S. Occupational Safety and Health Administration’s Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers, as amended.
(d) A written workplace violence prevention and crisis response policy shall be evaluated annually and updated as necessary by the violence and prevention response committee and provided to employees delivering direct social or mental health services.
(e) The requirements of this section shall neither be construed as a waiver of sovereign immunity by the State nor as creating any private right of action against the State for damages resulting from failure to comply with this section. This section shall not be construed to limit or eliminate any legal remedy available to an employee prior to the enactment of this section. (Added 2015, No. 109 (Adj. Sess.), § 1, eff. Jan. 1, 2017.)
2023 Code of Virginia › Title 1 - General Provisions › Chapter 1 - Code of Virginia › § 1-1. Contents and designation of Code

The laws embraced in this and the following titles, chapters, articles and sections of this act shall constitute, and be designated and cited as the "Code of Virginia," hereinafter referred to as "the Code" or "this Code."
Code 1919, § 1; R. P. 1948, § 1-1.
2023 Code of Virginia › Title 1 - General Provisions › Chapter 1 - Code of Virginia › § 1-2.1. Effective date of certain provisions

The following provisions of this Code shall become effective July 1, 1948, namely:
Chapter 1 of Title 1; Chapters 1, 8, 9, 12, 14, 15, and 16 of Title 2; Chapter 13 of Title 3; Chapter 11 of Title 6; Chapters 2 and 5 of Title 9; all of Title 10; Article 7 of Chapter 1 of Title 14; Article 3 of Chapter 6 of Title 18; Chapter 2 of Title 19; Chapter 3 of Title 24; Chapter 3 of Title 27; Chapters 15 and 19 of Title 32; all of Title 41; Article 4 of Chapter 6 of Title 42; Articles 2 and 12 of Chapter 1 of Title 44 and all of Chapter 2 of Title 44; Chapter 3 of Title 51; Chapter 1 of Title 52; Chapters 1 through 14, inclusive, of Title 53; Chapter 24 of Title 54; Chapters 12 and 13 of Title 59; Chapter 7 of Title 62; all of Title 63 except Chapter 13.
R. P. 1948, § 1-2.1.
2023 Code of Virginia › Title 1 - General Provisions › Chapter 1 - Code of Virginia › § 1-3. Repeal of acts of a general nature

All acts and parts of acts of a general nature, in force at the time of the adoption of this Code, shall be repealed from and after February 1, 1950, with such limitations and exceptions as are hereinafter expressed; and all acts and parts of acts of a general nature in force at the time of the adoption of this Code, and in conflict with any of the provisions of this Code which by virtue of § 1-2.1 become effective on July 1, 1948, shall be repealed from and after July 1, 1948, with such limitations and exceptions as are hereinafter expressed.
Code 1919, § 6567; R. P. 1948, § 1-3.
2023 Code of Virginia › Title 1 - General Provisions › Chapter 1 - Code of Virginia › § 1-4. Effect of such repeal generally; effect of revision or amendment of state Constitution

No such repeal nor any amendment or revision of the Constitution of Virginia shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any right established, accrued, or accruing before the day upon which such repeal, amendment or revision takes effect, or any prosecution, suit, or proceeding pending on that day, except that the proceedings thereafter had shall conform, so far as practicable, to the provisions of this Code; and where any penalty, forfeiture, or punishment is mitigated by those provisions, such provisions may, with the consent of the party affected, be applied to any judgment to be pronounced after that day; and such repeal, amendment or revision as to any statute of limitations, under which the bar of a right of action or remedy is complete at the time the repeal, amendment or revision takes effect, shall not be deemed a removal of such bar, but the bar shall continue, notwithstanding such repeal, amendment or revision.
Code 1919, § 6569; R. P. 1948, § 1-4; 1971, Ex. Sess., c. 14.