reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 33 - Human Services › Chapter 59 - Interstate Compact on the Placement of Children [Contingently Enacted] › § 5917. Binding effect of compact and other laws [Contingently enacted]

§ 5917. Binding effect of compact and other laws [Contingently enacted]
(a) Other laws. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this Compact.
(b) Binding effect of the Compact.
(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.
(2) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.
(3) In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 59 - Interstate Compact on the Placement of Children [Contingently Enacted] › § 5918. Indian tribes [Contingently enacted]

§ 5918. Indian tribes [Contingently enacted]
Notwithstanding any other provision in this Compact, the Interstate Commission may promulgate guidelines to permit Indian tribes to utilize the Compact to achieve any or all of the purposes of the Compact as specified in section 5901 of this title. The Interstate Commission shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect the diverse circumstances of the various Indian tribes. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 59 - Interstate Compact on the Placement of Children [Contingently Enacted] › § 5901. Purpose [Contingently enacted]

§ 5901. Purpose [Contingently enacted]
The purpose of this Interstate Compact for the Placement of Children is to:
(1) provide a process through which children subject to this Compact are placed in safe and suitable homes in a timely manner;
(2) facilitate ongoing supervision of a placement, the delivery of services, and communication between the states;
(3) provide operating procedures that will ensure that children are placed in safe and suitable homes in a timely manner;
(4) provide for the promulgation and enforcement of administrative rules implementing the provisions of this Compact and regulating the covered activities of the member states;
(5) provide for uniform data collection and information sharing between member states under this Compact;
(6) promote coordination between this Compact, the Interstate Compact for Juveniles, the Interstate Compact on Adoption and Medical Assistance, and other compacts affecting the placement of and that provide services to children otherwise subject to this Compact;
(7) provide for a state’s continuing legal jurisdiction and responsibility for placement and care of a child that it would have had if the placement were intrastate; and
(8) provide for the promulgation of guidelines, in collaboration with Indian tribes, for interstate cases involving Indian children as is or may be permitted by federal law. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 59 - Interstate Compact on the Placement of Children [Contingently Enacted] › § 5921. Financial responsibility [Contingently enacted]

§ 5921. Financial responsibility [Contingently enacted]
Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact for the Placement of Children shall be determined in accordance with the provisions of section 5907 of this title. However, in the event of partial or complete default of performance thereunder, the provisions of this title and Title 15 also may be invoked. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 59 - Interstate Compact on the Placement of Children [Contingently Enacted] › § 5922. Agency [Contingently enacted]

§ 5922. Agency [Contingently enacted]
This State’s “government child welfare agency or child protection agency,” “public child placing agency,” and “central state compact office” is the Department for Children and Families. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 59 - Interstate Compact on the Placement of Children [Contingently Enacted] › § 5923. Agreements [Contingently enacted]

§ 5923. Agreements [Contingently enacted]
The officers and agencies of this State having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to the Interstate Compact for the Placement of Children. Any such agreement that contains a financial commitment or imposes a financial obligation on this State or agency thereof shall not be binding unless it has the approval in writing of the Secretary of Administration. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 59 - Interstate Compact on the Placement of Children [Contingently Enacted] › § 5924. Placement of child in another state [Contingently enacted]

§ 5924. Placement of child in another state [Contingently enacted]
The officers and agencies of this State having authority to place a child in the custody of the Commissioner for Children and Families may place such a child in another state. However, unless parental rights have been judicially terminated, any such child being placed in another state pursuant to this Compact shall, upon request, be given a court hearing on notice to the parent or guardian with opportunity to be heard prior to the child’s being sent to such other state for care and the court finds that:
(1) equivalent facilities for the child are not available in this State; and
(2) care in the other state is in the best interest of the child and will not produce undue hardship. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 59 - Interstate Compact on the Placement of Children [Contingently Enacted] › § 5925. Executive head [Contingently enacted]

§ 5925. Executive head [Contingently enacted]
The term “executive head” in this State means the Secretary of Human Services. The Secretary of Human Services is hereby authorized to appoint a compact administrator in accordance with the terms of section 5907 of this title. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 62 - Supports for Older Vermonters › § 6201. Short title

§ 6201. Short title
This subchapter may be cited as the “Older Vermonters Act.” (Added 2019, No. 156 (Adj. Sess.), § 1, eff. Oct. 5, 2020; amended 2021, No. 113 (Adj. Sess.), § 4, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 62 - Supports for Older Vermonters › § 6204. Department of Disabilities, Aging, and Independent Living; duties

§ 6204. Department of Disabilities, Aging, and Independent Living; duties
(a) The Department of Disabilities, Aging, and Independent Living is Vermont’s designated State Unit on Aging.
(1) The Department shall administer all Older Americans Act programs in this State and shall develop and maintain the State Plan on Aging.
(2) The Department shall be the subject matter expert to guide decision making in State government for all programs, services, funding, initiatives, and other activities relating to or affecting older Vermonters, including:
(A) State-funded and federally funded long-term care services and supports;
(B) housing and transportation;
(C) health care reform activities; and
(D) public health crisis and emergency preparedness planning.
(3) The Department shall administer the Choices for Care program, which the Department shall do in coordination with efforts it undertakes in its role as the State Unit on Aging.
(b)(1) The Department shall coordinate strategies to incorporate the principles established in section 6202 of this subchapter into all programs serving older Vermonters.
(2) The Department shall use both qualitative and quantitative data to monitor and evaluate the system’s success in targeting services to individuals with the greatest economic and social need.
(c) The Department’s Advisory Board established pursuant to section 505 of this title shall monitor the implementation and administration of the Older Vermonters Act established by this subchapter. (Added 2019, No. 156 (Adj. Sess.), § 1, eff. Oct. 5, 2020; amended 2021, No. 113 (Adj. Sess.), § 4, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 62 - Supports for Older Vermonters › § 6205. Area agencies on aging; duties

§ 6205. Area agencies on aging; duties
(a) Consistent with the Older Americans Act and in consultation with local home- and community-based service providers, each area agency on aging shall:
(1) develop and implement a comprehensive and coordinated system of services, supports, and protections for older Vermonters, family caregivers, and kinship caregivers within the agency’s designated service area;
(2) target services and supports to older Vermonters with the greatest economic and social need;
(3) perform regional needs assessments to identify existing resources and gaps;
(4) develop an area plan with goals, objectives, and performance measures, and a corresponding budget, and submit them to the State Unit on Aging for approval;
(5) concentrate resources, build community partnerships, and enter into cooperate agreements with agencies and organizations for delivery of services;
(6) designate community focal points for colocation of supports and services for older Vermonters; and
(7) conduct outreach activities to identify individuals eligible for assistance.
(b) In addition to the duties described in subsection (a) of this section, the area agencies on aging shall:
(1) promote the principles established in section 6202 of this subchapter across the agencies’ programs and shall collaborate with stakeholders to educate the public about the importance of each principle;
(2) promote collaboration with a network of service providers to provide a holistic approach to improving health outcomes for older Vermonters; and
(3) use their existing area plans to facilitate awareness of aging issues, needs, and services and to promote the system principles expressed in section 6202 of this subchapter. (Added 2019, No. 156 (Adj. Sess.), § 1, eff. Oct. 5, 2020; amended 2021, No. 113 (Adj. Sess.), § 4, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 62 - Supports for Older Vermonters › § 6221. Public Education Resources

§ 6221. Public Education Resources
The Departments of Health and of Disabilities, Aging, and Independent Living shall jointly develop and maintain easily accessible electronic, print, and in-person public education materials and programs on Alzheimer’s disease and related disorders that shall serve as a resource for patients, families, caregivers, and health care providers. The Departments shall include information about the State Plan on Aging as well as resources and programs for prevention, care, and support for individuals, families, and communities. (Added 2021, No. 113 (Adj. Sess.), § 4, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 63 - Home Care Programs › § 6301. Policy

§ 6301. Policy
It is the policy of the State of Vermont to ensure that all residents in every town within the State have access to comprehensive, medically necessary home health services without regard to their ability to pay for those services and to ensure that such services are delivered in an efficient and cost-effective manner, under a regulatory framework designed to control costs and ensure access to high quality home health services based on a model that promotes cooperation and nonduplication of services, rather than unregulated competition. (Added 2005, No. 57, § 8, eff. June 13, 2005.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 63 - Home Care Programs › § 6302. Definitions

§ 6302. Definitions
As used in this subchapter, unless otherwise indicated:
(1) “Family member” means an individual who is related to a person by blood, civil marriage, civil union, or adoption, or who considers himself or herself to be family based upon bonds of affection, and who currently shares a household with such a person or has, in the past, shared a household with that person. For purposes of this definition, the phrase “bonds of affection” means enduring ties that do not depend on the existence of an economic relationship.
(2) “Home health agency” means a for-profit or nonprofit health care facility providing part-time or intermittent skilled nursing services and at least one of the following other therapeutic services made available on a visiting basis, in a place of residence used as a patient’s home: physical, speech, or occupational therapy; medical social services; home health aide services; or other non-nursing therapeutic services, including the services of nutritionists, dieticians, psychologists, and licensed mental health counselors.
(3) “Home health services” means activities and functions of a home health agency, including nurses, home health aides, physical therapists, occupational therapists, speech therapists, medical social workers, or other non-nursing therapeutic services directly related to care, treatment, or diagnosis of patients in the home. (Added 2005, No. 57, § 8, eff. June 13, 2005.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 63 - Home Care Programs › § 6305. Review of access, cost, and quality issues; remediation process

§ 6305. Review of access, cost, and quality issues; remediation process
(a) The Commissioner shall exercise such duties and responsibilities as shall be necessary for the implementation of this subchapter and for the active, ongoing supervision of the activities of the home health agencies under this subchapter.
(b) In a form and manner and at intervals prescribed by the Commissioner, the Commissioner shall collect and analyze data regarding access to and the cost and quality of home health services in Vermont. The data shall include information on complaints, waiting lists, numbers of individuals ineligible for services, numbers of individuals eligible for but not provided services, numbers of patients served under 65 years of age and 65 years of age and over, total number of visits and hours provided to patients by each of the existing home health agencies; the results of patient surveys conducted by the home health agencies; data pertaining to federal and State surveys; scoring by any national accrediting organization; charitable and subsidized programs and services for uninsured individuals or individuals with low income in their respective communities; copies of audited financial statements and annual cost reports; and any other quality measures or data deemed relevant by the Commissioner to monitor and evaluate access to and the cost and quality of home health services by the designated home health agencies.
(c) The Commissioner shall consider the data collected under subsection (b) of this section in undertaking active, ongoing supervision to monitor performance of the designated home health agencies with respect to access, cost, and quality of home health services.
(d) If the Commissioner determines that a home health agency has failed to comply with any performance standards established by the Commissioner related to access, cost, or quality issues in any area of the State, or has violated a rule or provision of this subchapter, the Commissioner may investigate and enforce the provisions of this subchapter pursuant to the authority and procedures conferred upon the Commissioner under chapter 71 of this title as if the home health agency were a nursing home, except that the Commissioner shall adopt by rule penalties specific to home health agencies. (Added 2005, No. 57, § 8, eff. June 13, 2005; amended 2015, No. 11, § 39; 2021, No. 20, § 337; 2021, No. 105 (Adj. Sess.), § 625, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 63 - Home Care Programs › § 6307. Contracts with nondesignated agencies

§ 6307. Contracts with nondesignated agencies
The Commissioner may enter into agreements with home health agencies or with any public or private agency for the purpose of establishing specialized home health services needed but not available from the designated home health agencies. (Added 2005, No. 57, § 8, eff. June 13, 2005.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 63 - Home Care Programs › § 6308. Complaint process

§ 6308. Complaint process
The Commissioner shall establish by rule standards and procedures ensuring that each designated home health agency has in place sufficient minimum grievance procedures allowing recipients of home health services, their family members, and employees of a home health agency to file complaints about access to or the cost or quality of home health services, or about other matters related to the operations of the home health agency. In addition, the rules shall ensure that the Department of Disabilities, Aging, and Independent Living establishes and maintains an external complaint process for clients, their family members, and employees of a home health agency, including a toll-free telephone line dedicated to receiving consumer complaints. (Added 2005, No. 57, § 8, eff. June 13, 2005.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 65 - Medicare and General Assistance Beneficiaries; Balance Billing › § 6501. Definitions

§ 6501. Definitions
As used in this chapter:
(1) “Balance bill” means to charge to or collect from a Medicare or General Assistance beneficiary any amount in excess of the reasonable charge for that service as determined by the U.S. Secretary of Health and Human Services or the Commissioner of Vermont Health Access, as the case may be.
(2) “General Assistance beneficiary” means a person who receives assistance under chapter 21 of this title.
(3) “Medicare beneficiary” means a person who is a beneficiary of health insurance under Title XVIII of the Social Security Act.
(4) “Physician” has the same meaning as in 42 U.S.C. § 1395x(r). (Added 1987, No. 51, § 1; amended 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 124; 2009, No. 156 (Adj. Sess.), § I.76; 2021, No. 20, § 339.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 65 - Medicare and General Assistance Beneficiaries; Balance Billing › § 6502. Balance billing prohibited

§ 6502. Balance billing prohibited
A physician who agrees to treat a Medicare or General Assistance beneficiary shall not balance bill the beneficiary except as provided in section 6503 of this chapter. (Added 1987, No. 51, § 1; amended 2021, No. 20, § 340.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 65 - Medicare and General Assistance Beneficiaries; Balance Billing › § 6503. Exceptions

§ 6503. Exceptions
The provisions of section 6502 of this title shall not apply and the physician may balance bill a Medicare beneficiary if:
(1) During the calendar year prior to treatment, the Medicare beneficiary (or his or her spouse with whom he or she lived at any time during that year):
(A) received Social Security benefits or railroad retirement benefits (Tier I treated as Social Security) that were subject to federal income taxation; or
(B) did not receive Social Security benefits or railroad retirement benefits (Tier I treated as Social Security) but, had such benefits been received, they would have been subject to federal income taxation.
(2) The Medicare beneficiary refuses to sign the statement authorized by section 6504 of this title; or
(3) The service for which the beneficiary is to be billed is either an office or home visit. Office or home visits are listed as procedure codes 90000 through 90170 in the Physicians’ Current Procedural Terminology, Fourth Edition (1986) published by the American Medical Association, as amended annually. Office or home visit codes for dentists, podiatrists, optometrists, and chiropractors shall be the same (or equivalent) procedure codes used for doctors of medicine or osteopathy. (Added 1987, No. 51, § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 65 - Medicare and General Assistance Beneficiaries; Balance Billing › § 6504. Medicare beneficiary to sign statement

§ 6504. Medicare beneficiary to sign statement
Annually and prior to treatment, a physician may request that a Medicare beneficiary sign a statement prepared in accordance with this section to determine whether or not the beneficiary may be balance billed. The exceptions contained in subdivision 6503(1) of this title shall not apply if the physician does not request that the beneficiary sign the statement. The statement shall be prepared by the Department of Disabilities, Aging, and Independent Living, and shall incorporate the exceptions contained in subdivision 6503(1) of this title. (Added 1987, No. 51, § 1; amended 1989, No. 219 (Adj. Sess.), § 9(a); 2005, No. 174 (Adj. Sess.), § 125.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 65 - Medicare and General Assistance Beneficiaries; Balance Billing › § 6506. Posting

§ 6506. Posting
A physician who treats Medicare or General Assistance beneficiaries shall post a summary of the provisions of this chapter in a conspicuous place in his or her office. The summary shall include the statement that any person aggrieved by a physician’s failure to comply with the provisions of this chapter may contact the Department of Disabilities, Aging, and Independent Living for assistance or file a complaint with the State Board of Medical Practice within the Department of Health and shall include toll-free telephone numbers to be used for these purposes. The summary shall be written by the Department of Disabilities, Aging, and Independent Living and distributed by the Secretary of State. (Added 1987, No. 51, § 1; amended 1989, No. 219 (Adj. Sess.) § 9(a); 2005, No. 174 (Adj. Sess.), § 126; 2013, No. 131 (Adj. Sess.), § 81.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 65 - Medicare and General Assistance Beneficiaries; Balance Billing › § 6507. Administration; enforcement

§ 6507. Administration; enforcement
(a) A person aggrieved by a violation of the provisions of this chapter may file a complaint with the State Board of Medical Practice within the Department of Health. The matter shall be investigated by the Board and shall be subject to the provisions of 3 V.S.A. chapter 25, relating to contested cases.
(b) The Board of Medical Practice may, after hearing, impose an administrative penalty of not more than $50.00 against any physician who violates the provisions of section 6505 or 6506 of this title relating to assistance and posting.
(c) The Board of Medical Practice may, after hearing, order a physician who balance billed in violation of the provisions of this chapter to make restitution of any monies received from a Medicare or General Assistance beneficiary as a result of such billing. (Added 1987, No. 51, § 1; amended 2013, No. 131 (Adj. Sess.), § 82, eff. May 20, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 67 - Medicare Advocacy Program › § 6701. Definitions

§ 6701. Definitions
As used in this chapter:
(1) “Dual eligible individual” means an individual who is a beneficiary of both Medicaid and Medicare.
(2) “Medicaid” means the medical assistance program authorized under chapter 19 of this title.
(3) “Medicare” means the health insurance programs authorized under Title XVIII of the Social Security Act. (Added 1989, No. 259 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 67 - Medicare Advocacy Program › § 6702. Program established

§ 6702. Program established
A Medicare Advocacy Program is established for the purpose of ensuring through legal and other advocacy services that dual eligible individuals receive the Medicare coverage to which they are entitled. In addition to serving individual beneficiaries, the Program may participate on behalf of dual eligible individuals in reform litigation and Medicare related administrative or judicial proceedings. (Added 1989, No. 259 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 67 - Medicare Advocacy Program › § 6703. Contract for services

§ 6703. Contract for services
(a) Subject to the provisions of subsection (b) of this section, the Commissioner of Vermont Health Access shall contract on an annual basis with individuals or private organizations to provide services authorized by this chapter to dual eligible individuals including pursuit of subrogation claims under section 6705 of this chapter.
(b) The Commissioner shall not be required to enter into contracts under this section if both of the following conditions are met:
(1) The amount of the State’s share of recoveries to the Medicaid program from awards obtained under this chapter during the preceding year did not exceed the payments to the contractors during that year.
(2) The Commissioner determines that the program is not accomplishing its goal of protecting dual eligible individuals from improper denials of Medicare coverage. The Commissioner shall base this determination on information obtained from the contractors, providers of health care, area agencies on aging, and other individuals and organizations affected by the program. (Added 1989, No. 259 (Adj. Sess.), § 2; amended 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 128; 2009, No. 33, § 68; 2009, No. 156 (Adj. Sess.), § I.77; 2021, No. 20, § 341.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 67 - Medicare Advocacy Program › § 6705. Subrogation

§ 6705. Subrogation
(a) Upon furnishing medical assistance under chapter 19 of this title to any individual, the Department of Vermont Health Access shall be subrogated, to the extent of the expenditure for medical care furnished, to any rights such individual may have to third-party reimbursement for such care.
(b) The Department of Vermont Health Access or its designee shall be entitled to obtain from any medical service provider any records of the treatment of any individual covered by subsection (a) of this section that are in any way relevant to the treatment paid for through medical assistance without regard to any other privilege or right of confidentiality or privacy that may exist. The Department shall ensure that any records obtained are not released to any other individual, agency, or other entity except as necessary to pursue the Department’s rights of subrogation.
(c) The Department of Vermont Health Access may contract with a private attorney or attorneys, or other private persons, for the purpose of obtaining third-party reimbursement for Medicaid expenditures under this section. In awarding contracts under this section, the Department shall give preference to bidders who maintain a place of business in this State. (Added 1989, No. 259 (Adj. Sess.), § 2; amended 1995, No. 152 (Adj. Sess.), § 5; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 129; 2009, No. 156 (Adj. Sess.), § I.78; 2021, No. 20, § 342.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 67 - Medicare Advocacy Program › § 6706. Independent analysis

§ 6706. Independent analysis
The Commissioner of Financial Regulation shall adopt rules to ensure an in-depth independent analysis by an expert, or experts, of proposed Medicare supplement insurance policy rate increases. This analysis shall be performed only when the composite average rate increase requested by insurers with 5,000 or more lives in the Vermont Medicare supplement insurance policy market exceeds three percent, or when the Commissioner finds that the proposed premium and policy changes will have a comparable adverse impact on availability or cost of coverage, or when it otherwise appears to be in the best interests of the insureds. A composite average rate is the enrollment-weighted average rate increase of all plans offered by a carrier. The independent analyst shall be made available to the public during the analysis and for the purpose of providing assistance with and testimony in connection with Medicare supplement insurance policy rate increase proposals. The cost for the analysis shall be assessed to the affected policy or certificate holders. (Added 1989, No. 259 (Adj. Sess.), § 2; amended 1991, No. 251 (Adj. Sess.); 1995, No. 180 (Adj. Sess.), § 38(a); 1999, No. 43, § 2; 2003, No. 18, § 2; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2021, No. 20, § 343.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6901. Purpose

§ 6901. Purpose
(a) The purpose of this chapter is to:
(1) protect vulnerable adults whose health and welfare may be adversely affected through abuse, neglect, or exploitation;
(2) recognize and accommodate the barriers for vulnerable adults that may impair both their response to maltreatment and the ability to substantiate allegations of maltreatment; and
(3) require the reporting of suspected abuse, neglect, and exploitation of vulnerable adults, the investigation of such reports, and the establishment of protective services, when needed.
(b) The provision of protective services under this chapter shall not cause undue harm or violate the individual’s autonomy and shall provide opportunities for the vulnerable adult’s preferences to be considered. (Added 1979, No. 150 (Adj. Sess.); amended 1985, No. 78, § 1; 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2023, No. 81, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6904. Nature and content of report; to whom made

§ 6904. Nature and content of report; to whom made
A report shall be made to the Commissioner or the Commissioner’s designee. To be considered a report to the Commissioner or designee, it shall contain the name and address of the reporter as well as the names and addresses of the vulnerable adult and persons responsible for the vulnerable adult’s care, if known; the age of the vulnerable adult; the nature of the vulnerable adult’s disability; the nature and extent of the vulnerable adult’s abuse, neglect, or exploitation together with any evidence of previous abuse, neglect, or exploitation of the vulnerable adult; and any other information that the reporter believes might be helpful in establishing the cause of any injuries or reasons for the abuse, neglect, or exploitation as well as in protecting the vulnerable adult. If the reporter is in possession of documentation that establishes the alleged victim’s conditions, needs, or services, that shall be included in the report. Any evidence of maltreatment shall also be cited in the report. If a report of abuse, neglect, or exploitation involves the acts or omissions of the Commissioner or employees of the Department, then such reports shall be directed to the Secretary of Human Services, who shall cause the report to be investigated by appropriate staff other than staff of the Department. (Added 1979, No. 150 (Adj. Sess.); amended 1985, No. 78, § 4; 1989, No. 76, § 2; 1993, No. 100, § 3; 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2023, No. 81, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6905. Mandatory reporting to and postmortem investigation of deaths by the Office of the Chief Medical Examiner

§ 6905. Mandatory reporting to and postmortem investigation of deaths by the Office of the Chief Medical Examiner
When a person making a report of suspected abuse, neglect, or exploitation of a vulnerable adult has reasonable cause to believe that a vulnerable adult died as a result of abuse or neglect, the Department shall notify the Office of the Chief Medical Examiner immediately. (Added 1985, No. 78, § 5; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2015, No. 135 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6907. Remedial action

§ 6907. Remedial action
(a) Protective services. If the investigation produces evidence that the vulnerable adult has been abused, neglected, or exploited, and protective services are not in place, the Department shall pursue available protective services.
(b) Consent to services.
(1) Protective services shall be provided only with the consent of the vulnerable adult; the vulnerable adult’s guardian, agent under power of attorney, or agent under advance directive; or through appropriate court action. If the vulnerable adult does not consent, protective services shall not be provided, unless provision of protective services is court ordered.
(2)(A) In the event that the vulnerable adult’s guardian is the person responsible for the abuse, neglect, or exploitation, and the guardian refuses consent to the investigation or the alleged victim’s protective services, the investigator may seek review of the guardian’s refusal by filing a motion with the Probate Division of the Superior Court pursuant 14 V.S.A. § 3062(c).
(B) In the event that the vulnerable adult’s agent under power of attorney is the person responsible for the abuse, neglect, or exploitation, and the agent refuses to consent to the investigation or the alleged victim’s protective services, the investigator may seek review of the agent’s refusal by filing a petition in Superior Court pursuant to 14 V.S.A. § 3510(b).
(C) In the event that the vulnerable adult’s agent under advance directive is the person responsible for the abuse, neglect, or exploitation, and the agent does not consent to the investigation or the receipt of protective services, the investigator may file a petition in Probate Court pursuant to 18 V.S.A. § 9718 to seek review under subdivision (b)(3) of that section as to whether the refusal is consistent with the authority granted to the agent in the advance directive.
(3) Failure to consent to protective services, either by the vulnerable adult or the vulnerable adult’s guardian, agent under power of attorney, or agent under advance directive shall not automatically end an investigation of an alleged perpetrator. (Added 1985, No. 78, § 7; amended 2001, No. 135 (Adj. Sess.), § 6, eff. June 13, 2002; 2023, No. 81, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6908. Immunity from liability

§ 6908. Immunity from liability
Any person who in good faith makes a report under section 6904 of this title alleging abuse, neglect, or exploitation shall be immune from any liability, civil or criminal, for making the report. Nothing in this section grants civil or criminal immunity to any person suspected of having abused, neglected, or exploited a vulnerable adult. (Added 1985, No. 78, § 8; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6909. Retaliatory action by employer prohibited

§ 6909. Retaliatory action by employer prohibited
No employer or supervisor may discharge; demote; transfer; reduce pay, benefits, or work privileges; prepare a negative work performance evaluation; or take any other action detrimental to any employee who files a good faith report in accordance with the provisions of this chapter, by reason of the report. Any person making a report under this chapter shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status of the reporting party by reason of making a report. Nothing in this section grants immunity to a person reporting the person’s own perpetration of maltreatment. (Added 1985, No. 78, § 9; amended 2013, No. 131 (Adj. Sess.), § 86, eff. May 20, 2014; 2023, No. 81, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6910. Interference by caregiver

§ 6910. Interference by caregiver
If consent to receive protective services has been obtained in accordance with section 6907 of this title and the Commissioner has reasonable cause to believe that the caregiver is interfering with the provision of those protective services, the Department may petition the Superior Court for an order enjoining the caregiver from interfering with the provision of protective services. The petition shall present facts to show that the vulnerable adult is in need of protective services, that the vulnerable adult or the vulnerable adult’s representative consents to the receipt of protective services, and that the caregiver has interfered with the provision of protective services. If the court, after hearing, finds that the vulnerable adult requires and consents to protective services, and has been prevented by the vulnerable adult’s caregiver from receiving protective services the court may issue an order enjoining the caregiver from further interference. (Added 1985, No. 78, § 10; amended 1993, No. 100, § 5; 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2023, No. 81, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6912. Public education and disclosure of rights and duties; posting of notice

§ 6912. Public education and disclosure of rights and duties; posting of notice
(a) The Department, within available appropriations, shall conduct a publicity and education program to encourage the fullest degree of reporting of suspected abuse, neglect, or exploitation of vulnerable adults.
(b) All agencies, facilities, or institutions providing care and services to adults who are elders, have a disability, or are vulnerable shall inform their employees of their right and duty to report suspected incidents of abuse, neglect, or exploitation and the protections afforded them by this chapter, and shall establish appropriate policies and procedures to facilitate such reporting.
(c)(1) All agencies, facilities, or institutions providing care and services to vulnerable adults shall post in a prominent and accessible location a poster describing the protections afforded to vulnerable adults by this chapter and by 13 V.S.A. chapter 28. The poster shall include, at a minimum, the following:
(A) a statement that abuse, neglect, and exploitation of vulnerable adults is unlawful;
(B) a statement that it is unlawful to retaliate against a person for filing a complaint of abuse, neglect, or exploitation or for cooperating in an investigation of abuse, neglect, or exploitation;
(C) a description and examples of abuse, neglect, and exploitation;
(D) a statement of the range of consequences for persons who commit abuse, neglect, or exploitation;
(E) if the agency, facility, or institution has more than five employees, a description of the process for filing internal complaints about abuse, neglect, and exploitation, and the names, addresses, and telephone numbers of the person or persons to whom complaints should be made; and
(F) the complaint process of the appropriate State and federal agencies and directions as to how to contact such agencies.
(2) Except as provided in subdivision (3) of this subsection, the poster required by this subsection shall be posted in a location where it would ordinarily be viewed by vulnerable adults.
(3) An agency, facility, or institution that provides home-based services shall:
(A) display the poster required by this subsection in its principal place of business; and
(B) provide a written notice that includes all information contained on the poster to each vulnerable adult for whom services are provided. (Added 1985, No. 78, § 12; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2005, No. 79, § 7; 2013, No. 96 (Adj. Sess.), § 217; 2021, No. 20, § 346.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6913. Penalties; abuse; neglect; exploitation; mandatory reporter’s failure to report

§ 6913. Penalties; abuse; neglect; exploitation; mandatory reporter’s failure to report
(a) Whenever the Department finds, after notice and hearing, that a person has committed sexual abuse as defined in subdivision 6902(1)(D) of this title, exploitation as defined in subdivision 6902(13) of this title in an amount in excess of $500.00, abuse that causes grievous injury to or the death of a vulnerable adult, or neglect that causes grievous injury to or the death of a vulnerable adult, the Department may impose an administrative penalty of not more than $25,000.00 for each violation. The Department shall notify the Office of Professional Regulation, or any other professional licensing board applicable to the violator, of any decision made pursuant to this subsection.
(b) The Department shall investigate allegations that a mandated reporter has failed to make a required report when it appears that an investigation is appropriate. Whenever the Department finds, after notice and hearing, that a mandatory reporter, as defined in subsection 6903(a) of this title, has willfully violated the provisions of subdivision 6903(a)(1), the Department may impose an administrative penalty not to exceed $1,000.00 per violation. For purposes of this subsection, every 24 hours that a report is not made beyond the period for reporting required by section 6903 shall constitute a new and separate violation, and a mandatory reporter shall be liable for an administrative penalty of not more than $1,000.00 for each 24-hour period, not to exceed a maximum penalty of $25,000.00 per reportable incident.
(c) Whenever the Department finds that a mandatory reporter willfully or knowingly withheld information, or provided false or inaccurate information, the Department may impose an administrative penalty not to exceed $1,000.00 per violation.
(d) A person who is aggrieved by a decision under subsection (a), (b), or (c) of this section may appeal that decision to the Superior Court, where either party may request trial by jury. (Added 1985, No. 78, § 13; amended 1993, No. 100, § 8; 2001, No. 135 (Adj. Sess.), § 8, eff. June 13, 2002; 2005, No. 79, § 4; 2023, No. 81, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6914. Access to criminal records

§ 6914. Access to criminal records
(a) The Commissioner may obtain from the Vermont Crime Information Center the record of convictions of any person to the extent that the Commissioner has determined that such information is necessary to protect vulnerable adults.
(b) The Commissioners of Disabilities, Aging, and Independent Living, of Health, and of Mental Health or their designees may, for the protection of vulnerable adults or for purposes related to oversight and monitoring of persons who are served by or compensated with funds provided by the Departments of Disabilities, Aging, and Independent Living, of Health, and of Mental Health, ask the Vermont Crime Information Center for the record of convictions of a person who is a current employee, volunteer, or contractor, or a person to whom the employer has given a conditional offer of a contract, volunteer position, or employment. If the individual has a record of convictions, the Vermont Crime Information Center shall inform the appropriate department of the date and type of conviction.
(c) Information released to an employer under this section shall not be released or disclosed by the employer to any person. Any person who violates this subsection shall be fined not more than $500.00. (Added 1993, No. 100, § 9; amended 1995, No. 51, § 2; 1995, No. 174 (Adj. Sess.), § 3; 2001, No. 135 (Adj. Sess.), § 9, eff. June 13, 2002; 2005, No. 174 (Adj. Sess.), § 133; 2013, No. 131 (Adj. Sess.), § 87, eff. May 20, 2014; 2023, No. 81, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6917. Written communications

§ 6917. Written communications
Any written communications from the Department, an administrative reviewer, or the Human Services Board to the alleged victim or to the alleged perpetrator shall use plain language. (Added 2023, No. 81, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6918. Rulemaking

§ 6918. Rulemaking
The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 to implement this subchapter, including:
(1) conducting referrals on intakes, including:
(A) required referrals; and
(B) referrals on intake reports not accepted for assessment or investigation;
(2) conducting assessments, including:
(A) the components of an assessment;
(B) the determinations of an assessment; and
(C) timelines required for the assessment; and
(3) conducting investigations, including:
(A) the components of an investigation;
(B) the determinations of an investigation; and
(C) timelines required for the investigation. (Added 2023, No. 81, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6931. Definitions

§ 6931. Definitions
In addition to the definitions in section 6902 of this title, as used in this subchapter, “interested person” means a representative of the vulnerable adult; the Commissioner of Disabilities, Aging, and Independent Living; or the Commissioner’s designee. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 10, eff. June 13, 2002; 2005, No. 174 (Adj. Sess.), § 134; 2021, No. 20, § 347.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults › § 6932. Jurisdiction and venue

§ 6932. Jurisdiction and venue
(a) The Family Division of the Superior Court shall have jurisdiction over proceedings under this subchapter.
(b) Emergency orders under section 6936 of this title may be issued by a judge of the Criminal, Civil, or Family Division of the Superior Court.
(c) Proceedings under this subchapter may be commenced in the county in which the vulnerable adult resides. If the vulnerable adult has left the residence to avoid abuse, neglect, or exploitation, the vulnerable adult shall have the option to bring an action in the county of the previous residence or the county of the new residence. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2009, No. 154 (Adj. Sess.), § 233; 2023, No. 81, § 2, eff. July 1, 2023.)