reglab/statecodes huggingface dataset:
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 070 - BLOOD LEAD TESTING AND REPORTING › Section 13 140 070 - BLOOD LEAD TESTING AND REPORTING

Current through June, 2024
Section 1.0
				Authority
This rule is adopted pursuant to
				  18 V.S.A. §§
											1755 and
				  1757.
Section 2.0 Purpose
This rule is adopted to ensure that all of Vermont's young
				  children are screened and tested for lead exposure according to the Vermont
				  Department of Health
Pediatric Blood Lead Testing § Case
				  Management Guidelines
, and that all blood lead level test results,
				  regardless of patient's age, are reported to the Vermont Department of
				  Health.
Section 3.0
				Definitions
3.1 "Commissioner" means the
				Commissioner of the Vermont Department of Health.
3.2 "Confirmation test" means a venous blood
				test to confirm the presence of lead in a human.
3.3 "Department" means the Vermont Department
				of Health.
3.4 "Elevated blood lead
				level" means having a blood lead level of greater than zero micrograms per
				deciliter of human blood.
3.5 "Lead
				hazard" means a condition that causes exposure to lead from contaminated dust,
				lead-contaminated soil, lead-containing coatings, or lead-contaminated paint
				that is deteriorated or present in accessible surfaces, friction surfaces, or
				impact surfaces that would result in adverse human health effects.
3.6 "
Pediatric Blood Lead
				Testing § Case Management Guidelines
" means the
				Vermont Department of Health blood lead testing guidelines, incorporated here
				by reference.
3.7 "Screen,"
				"screened," or "screening" relating to blood lead levels, means the initial
				capillary blood test to determine the presence of lead in a human in accordance
				with the
Pediatric Blood Lead Testing § Case Management
				Guidelines.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 071 - SAFE DISPOSAL OF UNUSED MEDICATION › Section 13 140 071 - SAFE DISPOSAL OF UNUSED MEDICATION

Current through June, 2024
Section 1.0
				Authority
This rule is adopted pursuant to
				  18 V.S.A. §
											5291.
Section 2.0 Purpose
This rule provides the requirements for the safe disposal of
				  unused medication prescribed to a patient utilizing the 18 V.S.A. chapter 113,
				  Patient Choice at the End of Life.
Section 3.0 Definitions
3.1 "Cat litter" means a granulated clay or
				like substance that is manufactured with the intent that it be placed in a
				container where it absorbs the waste products of a cat or dog.
3.2 "Unused" means a legally prescribed dose
				of medication that is not ingested by patient to whom the dose was
				prescribed.
3.4 "Lawful means"
				means those methods that are approved of by the United States Department of
				Justice, Drug Enforcement Administration (DEA).
3.5 "Drag take-back programs" are state and
				federal programs, approved by the DEA, that provide for the drop-off of unused,
				unwanted, or expired medications at designated sites.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 072 - TREATMENT STANDARDS FOR EXPEDITED PARTNER THERAPY FOR SEXUALLY TRANSMITTED DISEASES › Section 13 140 072 - TREATMENT STANDARDS FOR EXPEDITED PARTNER THERAPY FOR SEXUALLY TRANSMITTED DISEASES

Current through June, 2024
Section
				1.0 Authority
This rule is adopted pursuant to
				  18
				  V.S.A. §
											1095.
Section 2.0 Purpose
This rule provides health care professionals the authority to
				  prescribe medication to the sexual partner or partners of a patient diagnosed
				  with a sexually transmitted disease designated by the Commissioner of Health
				  without examining the sexual partner or partners.
Section 3.0 Definitions
3.1. "Commissioner" means the Commissioner of
				Health.
3.2. "Expedited partner
				therapy" (EPT) means the practice of treating the sexual partner or partners of
				a patient diagnosed with a sexually transmitted disease for the sexually
				transmitted disease by providing a prescription or medication to the patient
				for the sexual partner or partners without the prescribing or dispensing health
				care professional examining the sexual partner or partners.
3.3. "Health care professional" means a
				physician licensed pursuant to 26 V.S.A. chapter 23 or 33, a physician
				assistant certified to prescribe and dispense prescription drugs pursuant to 26
				V.S.A. chapter 31, or a nurse authorized to prescribe and dispense prescription
				drugs pursuant to 26 V.S.A. chapter 28.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 073 - MATERNAL MORTALITY REVIEW PANEL RULE › Section 13 140 073 - MATERNAL MORTALITY REVIEW PANEL RULE

Current through June, 2024
Section 1.0 Authority
This rule is adopted under the authority pursuant to
				  18 V.S.A. §
											1556.
Section 2.0 Purpose
This rule provides procedures for gathering and reporting
				  information relating to maternal deaths to the Maternal Mortality Review Panel
				  created by 18 V.S.A. Chapter 30.
Section
				3.0 Definitions
3.1
				"Commissioner" means the Commissioner of the Vermont Department of
				Health.
3.2 "Individually
				identifiable information" means information that includes vital records;
				hospital discharge data; prenatal, fetal, pediatric, or infant medical records;
				hospital or clinic records; laboratory reports; records of fetal deaths or
				induced terminations of pregnancies; and autopsy reports.
3.3 "Department" means the Vermont Department
				of Health.
3.4 "Facilities" means
				health care providers, health care facilities, clinics, laboratories, medical
				records departments and state offices, agencies and departments.
3.5 "Maternal mortality" or "maternal death"
				for this rule and as defined in
				18 V.S.A. §
											1551 means:
3.5.1 "Pregnancy-associated death" means the
				death of a woman while pregnant or within one year following the end of
				pregnancy, irrespective of cause.
3.5.2 "Pregnancy-associated, but not
				pregnancy-related death" means the death of a woman while pregnant or within
				one year following the end of pregnancy due to a cause unrelated to
				pregnancy.
3.5.3 "Pregnancy-related
				death" means the death of a woman while pregnant or within one year following
				the end of pregnancy, irrespective of the duration and site of the pregnancy,
				from any cause related to or aggravated by her pregnancy or its management, but
				not from accidental or incidental causes.
3.6 "MMRP" means the Maternal Mortality
				Review Panel.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 074 - MATERNAL CHILD HEALTH; SUBCHAPTER 4 HOME VISITING RULE › Section 13 140 074 - MATERNAL CHILD HEALTH; SUBCHAPTER 4 HOME VISITING RULE

Current through June, 2024
Section 1.0 Authority.
This rule is adopted pursuant to Act 66 of 2013, Section
				  2(b).
Section 2.0 Purpose.
This rule establishes the standards that apply to home
				  visiting service providers in Vermont.
Section 3.0 Scope.
3.1. This rule applies to all individuals and
				entities that provide one or more home visiting service(s) as defined by this
				rule. Individuals or entities that provide a service that meets one or more
				parts of the definition of home visiting services shall be regulated under this
				rule.
3.2. This rule does not apply
				to entities when they are providing medically necessary, intermittent, skilled
				home health services provided by Medicare-certified home health agencies of the
				type covered under Title XVIII (Medicare) or XIX (Medicaid) of the Social
				Security Act.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 078 - BIRTH INFORMATION NETWORK › Section 13 140 078 - BIRTH INFORMATION NETWORK

Current through June, 2024
Section 1.0 Authority
This rule is adopted pursuant to
				  18
				  V.S.A. §
											5087(b) which
				  authorizes the Department to collect information for the Birth Information
				  Network (BIN), and
				  18
				  V.S.A. §
											5087(e) which
				  authorizes the Department to amend the list of medical conditions through
				  rulemaking pursuant to
				  3 V.S.A §
											801(b)(11).
Section 2.0 Purpose
The purpose of this rule is to specify health conditions of
				  newborns which shall be reported to the Birth Information Network for public
				  health surveillance, health system planning and referral for outreach, early
				  intervention and treatment.
Section
				3.0 Definitions
3.1 "Birth
				Defect" means a condition existing at or before birth regardless of cause and
				symptoms.
3.2 "BIN" means the Birth
				Information Network. The Vermont BIN was established in 2003 to conduct
				statewide, population-level surveillance of selected structural birth defects
				and other congenital conditions in order to provide information on public
				health activities and plan for interventions to improve the health and quality
				of life for children and their families.
3.3 "Department" means the Department of
				Health.
3.4 "Dried bloodspot" means
				the blood specimen drawn for the purpose of screening newborns for certain
				serious disorders not readily apparent at birth and which require early
				diagnosis and treatment.
3.5
				"NBDPN" means the National Birth Defects Prevention Network. The NBDPN is an
				organization that addresses the issues of birth defects surveillance, research
				and prevention under one umbrella by maintaining a national network of state
				and population-based birth defects programs. It publishes standards for public
				health surveillance and a comprehensive list of birth defects that should be
				identified and reported by states.
3.6 "NBDPN Guidelines and Standards" means
				the unified collection of guidelines and standards assembled by the NBDPN and
				provided to its partners. The guidelines cover the fundamental aspects of
				developing, planning, implementing, and conducting surveillance for birth
				defects. This is done to standardize and improve the quality of state birth
				defects surveillance data. The guidelines also can be used to analyze,
				interpret, and suggest program changes.
3.7 "Newborn Screening Conditions" means
				those conditions screened for by the Vermont's Newborn Screening Program
				pursuant to
				18 V.S.A. §§
											102,
				115
				and
				5087.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 079 - COMPLIANCE WITH PATIENT CHOICE AT THE END OF LIFE (CHAPTER 2, SUBCHAPTER 7) › Section 13 140 079 - COMPLIANCE WITH PATIENT CHOICE AT THE END OF LIFE (CHAPTER 2, SUBCHAPTER 7)

Current through June, 2024
Section 1.0
				Authority
This rule is adopted pursuant to
				  18 V.S.A §
											5293 and implements the provisions of 18
				  V.S.A. Chapter 113.
Section
				2.0 Purpose
This rule provides the process for the facilitation of
				  collection of information concerning compliance with 18 V.S.A. Chapter 113,
				  Patient Choice At End Of Life.
Section
				3.0 Scope
This rule applies to patients and health care providers
				  involved in the decisions pursuant to Patient Choice At End Of Life Act. The
				  rule also provides the process by which the Commissioner of Health will receive
				  information concerning Chapter 113 in order to monitor compliance and make a
				  report available to the public.
Section
				4.0 Definitions
Whenever used in these Regulations, the following terms
				  shall be construed as follows:
4.1
				"Commissioner" means the Commissioner of Health.
4.2 "Vermont Prescription Monitoring System"
				(VPMS) means the statewide electronic database that collects data on Schedule
				II, III, or IV controlled substances dispensed in Vermont.
4.3 "Department" means the Vermont Department
				of Health.
4.4 "Prescribing
				physician" means any physician writing a prescription pursuant to
				18 V.S.A.
				§
											5283(a)(15).
4.5 "Prescription" means the drug prescribed
				by the prescribing physician for sole use by the patient for the purposes
				described in18 V.S.A. Chapter 113.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 082 - THE BOARD OF HEALTH HEARING RULE › Section 13 140 082 - THE BOARD OF HEALTH HEARING RULE

Current through June, 2024
Section 1.0 Authority
This rule is adopted pursuant to
				  18 V.S.A. §
											102 and
				  3 V.S.A.
				  § 831.
Section 2.0
				Purpose
The State Board of Health hears appeals from final decisions
				  of the Vermont Department of Health, or from final decisions of local boards of
				  health and selectboards when deciding matters pursuant to Title 18. This rule
				  establishes the procedures followed by the State Board of Health when hearing
				  appeals in accordance with 3 V.S.A. Ch. 25 contested cases.
Section 3.0 Definitions
3.1 "Board" means the Vermont State Board of
				Health as established in 18 V.S.A. Ch. 3.
3.2 "Department" means the Vermont Department
				of Health.
3.3 "Hearing officer"
				means an attorney that has been appointed by the Board to conduct hearings and
				provide legal advice.
3.4
				"Municipality" means a local board of health or selectboard that has the
				authority to conduct hearings pursuant to
				18 V.S.A. §§
											126,
				127, and
				§ 613.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 083 - MANUFACTURER FEE RULE › Section 13 140 083 - MANUFACTURER FEE RULE

Current through June, 2024
Section 1.0 Authority
This rule is adopted pursuant to and implements the
				  provisions of
				  33 V.S.A. §
											2004.
Section 2.0 Purpose
This rule implements the fee to be collected from each
				  pharmaceutical manufacturer or labeler of prescription drugs that are paid for
				  by the Department of Vermont Health Access for individuals participating in
				  Medicaid, Dr. Dynasaur or VPharm pursuant to
				  33 V.S.A. §
											2004.
Section 3.0 Payment of the Fee
The subject manufacturer or labeler shall remit the invoiced
				  amount according to instructions provided by the Department of Health.
Section 4.0 Billing Errors
4.1 In the event the manufacturer or labeler
				determines an error in billing has occurred, the manufacturer or labeler shall
				notify the Department of Health in writing within 30 days of receipt of the
				bill.
4.2 This notification shall
				be accompanied by written materials setting forth the basis for the requested
				review.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 140 - DEPARTMENT OF HEALTH › Chapter 085 - RULE GOVERNING TESTING AND REMEDIATION OF LEAD IN THE DRINKING WATER OF SCHOOLS AND CHILD CARE FACILITIES › Section 13 140 085 - RULE GOVERNING TESTING AND REMEDIATION OF LEAD IN THE DRINKING WATER OF SCHOOLS AND CHILD CARE FACILITIES

Current through June, 2024
Section 1.0 Authority
This rule is adopted pursuant to
				  18 V.S.A. §
											1247.
Section 2.0 Purpose
The purpose of this rule is to set forth the requirements for
				  the testing and remediation of lead in the drinking water of schools and child
				  care facilities in Vermont.
Section
				3.0 Definitions
3.1 "Action
				level" means four parts per billion (ppb) of lead.
3.2 "Building" means any structure, facility,
				addition, or wing that may be occupied or used by children or students. This
				only includes buildings that are owned, controlled, or operated by the
				responsible entity.
3.3 "Child care
				provider" has the same meaning as in
				33 V.S.A. §
											3511.
3.4 "Child care facility" or "facility" has
				the same meaning as in
				33 V.S.A. §
											3511.
3.5 "Commissioner" means the Commissioner of
				Health.
3.6 "Department" means the
				Department of Health.
3.7 "Drinking
				water" has the same meaning as in
				10 V.S.A. §
											1671.
3.8 "Independent school" has the same meaning
				as in
				16 V.S.A. §
											11.
3.9 "Outlet" means a drinking water fixture
				currently or reasonably expected to be used for consumption, teeth brushing, or
				cooking purposes, including a drinking fountain, an ice machine, or a faucet as
				determined by a school district, supervisory union, independent school, or
				child care provider.
3.10
				"Non-recurring care" means a program that provides child care designed to meet
				the short term, temporary child care needs of parents arising from, but not
				limited to tourism, recreation, or shopping.
3.11 "Responsible entity" means a school
				district, supervisory union, independent school, or child care provider in the
				State.
3.12 "Remediation Plan"
				encompasses the complete list of planned remediation actions submitted
				electronically on the state results website for all of the responsible entity's
				tested outlets that are at or above the action level.
3.13 "School district" has the same meaning
				as in
				16 V.S.A. §
											11.
3.14 "Supervisory union" has the same meaning
				as in
				16 V.S.A. §
											11.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 150 - DEPARTMENT OF DEVELOPMENTAL AND MENTAL HEALTH SERVICES › Chapter 002 - DESIGNATION AS QUALIFIED MENTAL HEALTH FACILITIES › Section 13 150 002 - DESIGNATION AS QUALIFIED MENTAL HEALTH FACILITIES

Current through June, 2024
In accordance with
				  8 V.S.A. Section
				  4089(d), the Commissioner of
				  Mental Health on behalf of the Secretary of Human Services promulgates the
				  following rules and regulations for determining those mental health facilities
				  qualified to render services provided for in Section 4089(a).
1. A mental health facility shall be
				qualified to render services provided for in
				8 V.S.A. Section
				4089(a) when it is a general
				or mental hospital, whether public or private, and such facilities shall be
				exempt from the requirements of paragraph 2, below, or it is a facility
				determined by the Commissioner of Mental Health to meet the criteria of any one
				of the following three categories, a. through c.
a. It is a mental health clinic approved as a
				provider under the Title XIX Program of the Social Security Act in accordance
				with the Vermont State Plan for Title XIX; or
b. It is a mental health facility providing
				eligible services and is accredited by the Joint Commission on Accreditation of
				Hospitals; or
c. It is a facility
				meeting the following requirements:
(1) has
				an organized staff; and
(2) is an
				incorporated entity; and
(3) is a
				mental health facility, not part of a hospital, established for the purpose of
				providing mental health care and services to outpatients (excluded are skilled
				nursing and intermediate care facilities and the Brandon Training School);
				and
(4) renders services eligible
				for reimbursement which are provided according to an individualized patient
				treatment plan which is approved by a licensed mental health professional; the
				treatment plan and the process of treatment is supervised and regularly
				reviewed by the licensed mental health professional; services are provided by a
				mental health professional on the staff of the facility considered by the
				supervisory licensed mental health professional to be a competent therapist or
				practitioner; and
(5) the facility
				has the capacity to do peer and utilization review and to document that
				services rendered constitute active treatment of covered mental
				disorders.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 150 - DEPARTMENT OF DEVELOPMENTAL AND MENTAL HEALTH SERVICES › Chapter 004 - DEPARTMENT OF MENTAL HEALTH MDICAID REGULATIONS › Section 13 150 004 - DEPARTMENT OF MENTAL HEALTH MDICAID REGULATIONS

Current through June, 2024
CLINIC SERVICES - MENTAL HEALTH
Section 1
Medicaid payment for covered services is limited to
				  Community Mental Health Centers that are facilities established for the purpose
				  of providing outpatient mental health care. In order for a Community Mental
				  Health Center to be eligible for participation under the Medicaid State Plan,
				  it must agree to comply with appropriate Federal regulations and to perform and
				  bill for services, maintain records and adhere to the supervision, regulations,
				  standards and the medicaid guideline requirements of the Commissioner of Mental
				  Health pursuant to 18 V.S.A., Chapter 177, Section
				  7401(2), (4) and
				  (15); and 18 V.S.A., Chapter 207, Sections
				  8907 through 8913. A center is considered enrolled for participation in the
				  Medicaid program when it has a signed provider agreement for services with the
				  Department of Mental Health.
Section
				2
In order for a service to be eligible for reimbursement, it
				  must meet the following conditions:
2.1. The service must be delivered within a
				community mental health center program which has been approved by the
				Commissioner of Mental Health.
2.2.
				The service must be provided by a Vermont Medicaid enrolled physician directly
				affiliated with the center, or prescribed by a physician directly affiliated
				with the center and provided by a mental health or mental retardation
				professional on the staff of the center considered by the prescribing physician
				to be a competent therapist or practitioner.
2.2.1. Prescription is a physician's
				authorization of treatment as indicated by physician signature on an Individual
				Treatment Plan (ITP), Individual Program Plan (IPP) or Individual Plan of Care
				(IPC) before delivery of service except for initial contacts. No more than
				three (3) visits will be reimbursed before a physician's prescription of an ITP
				is required. A physician's prescription on an IPC or an IPP is required within
				thirty (30) calendar days of the date of the first billable session. These
				plans (ITP, IPC and IPP) and the process of treatment must be periodically
				reviewed by a physician.
2.3. Service to be provided must be
				prescribed by the physician in the ITP, IPC or IPP.
2.4. The service must be documented.
2.4.1. Documentation of services provided
				must be legible and state clearly the services provided. There must be a
				separate progress note for each billed session of psychotherapy, group therapy,
				chemotherapy, emergency care and/or day hospital. A weekly summary progress
				note is required to document billed day treatment sessions.
2.4.2. All entries in the case record must
				indicate the type of service rendered, the date of service and the amount of
				time spent with the client.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 150 - DEPARTMENT OF DEVELOPMENTAL AND MENTAL HEALTH SERVICES › Chapter 005 - MENTAL HEALTH FACILITIES QUALIFIED FOR HEALTH INSURANCE › Section 13 150 005 - MENTAL HEALTH FACILITIES QUALIFIED FOR HEALTH INSURANCE

Current through June, 2024
Section I AUTHORITY
This rule is adopted and promulgated by the Secretary of the
				  Agency of Human Services of the State of Vermont pursuant to the general
				  authority granted in 3 V.S.A., Chapters 25 and 53 and
				  8 V.S.A., §
											4089.
Section II PURPOSE
The purpose of this regulation is to identify those mental
				  health facilities that are qualified to render services as provided by the
				  optional health insurance policy benefits required to be offered under
				  8 V.S.A., §
											4089
				  (Mental Illness). Accordingly, the following facilities or service providers
				  shall be qualified as mental health facilities for the purposes
				  enumerated:
IN THE CASE OF BENEFITS TO BE PAID FOR CONFINEMENT OR
				  SERVICES RENDERED AS AN IN-PATIENT:
1.
				A general licensed hospital;
2. A
				public or licensed mental health hospital; including a community mental health
				center which is recognized as such by the State of Vermont Department of Mental
				Health;
3. A substance abuse
				treatment facility which is recognized as such by the Alcohol and Drug Abuse
				Division of the Department of Social and Rehabilitation Services of the State
				of Vermont; or a comparable agency in any other state; but only for the
				treatment of substance abusers; and
4. A licensed mental health professional,
				including anyone licensed by another state to practice psychiatry or
				psychology, if the service is rendered in that state.
IN THE CASE OF BENEFITS TO BE PAID FOR OUT-PATIENT
				  SERVICES:
1. A general licensed
				hospital;
2. A public or licensed
				mental health hospital, including a community mental health center which is
				recognized as such by the state of Vermont Department of Mental
				Health;
3. A substance abuse
				treatment facility which is recognized as such by the Alcohol and Drug Abuse
				Division of the Department of Social and Rehabilitation Services of the State
				of Vermont, or a comparable agency in any other state, but only for the
				treatment of substance abusers;
4.
				A licensed mental health professional, including anyone licensed by another
				state to practice psychiatry or psychology, if the service is rendered in that
				state, and
5. An out-patient
				substance abuse treatment counsellor or practitioner who is licensed, certified
				or otherwise approved as such by the Alcohol and Drug Abuse Division of the
				Department of Social and Rehabilitation Services of the Agency of Human
				Services of the State of Vermont, or a comparable agency of another state, if
				the service is rendered in that state; but only for the treatment of substance
				abusers.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 150 - DEPARTMENT OF DEVELOPMENTAL AND MENTAL HEALTH SERVICES › Chapter 009 - PROTECTIVE SUPERVISION OR GUARDIANSHIP FOR MENTALLY RETARDED PERSONS › Section 13 150 009 - PROTECTIVE SUPERVISION OR GUARDIANSHIP FOR MENTALLY RETARDED PERSONS

Current through June, 2024
Section 1 Title
These rules of the Department of Mental Health shall be known
				  as "Rules Governing Protective Supervision or Guardianship for Mentally
				  Retarded Persons."
Section
				2 Authority
These rules are promulgated by the Commissioner of Mental
				  Health through Chapter 25 of Title 3 of Vermont Statutes Annotated and pursuant
				  to his authority under Chapters 171, 173 and 177 of Title 18 of Vermont
				  Statutes Annotated and Chapter 49 of Title 33 of Vermont Statutes
				  Annotated.
Section 3
				Purpose and Scope
The Vermont protective services statute provides for the
				  appointment of the Commissioner of Mental Health as the guardian of a mentally
				  retarded adult under certain circumstances. The Court appoints the Commissioner
				  to make decisions on behalf of the mentally retarded person when no responsible
				  adult is available to assist a mentally retarded person in the exercise of his
				  or her rights as a citizen, and where there is a demonstrated need for
				  guardianship or protective supervision. The degree of assistance to and control
				  over the mentally retarded person may range from limited supervision to the
				  establishment of a full guardianship.
These rules are intended to implement the statute in a manner
				  consistent with the Department of Mental Health policies regarding the
				  provision of services to mentally retarded persons. The following principles
				  shall be considered in the exercise of guardianship authority or protective
				  supervision of a mentally retarded person:
1. Mentally retarded persons are assumed
				capable of exercising the same human and civil rights as other citizens. The
				independent exercise of those rights should be limited only to the extent of
				the individuals's demonstrated incapacity.
2. The goal of guardianship or protective
				supervision is to increase the client's ability to make independent decisions
				and, when appropriate, to reduce or terminate the guardianship for protective
				supervision as soon as possible.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 150 - DEPARTMENT OF DEVELOPMENTAL AND MENTAL HEALTH SERVICES › Chapter 010 - ADMINISTRATIVE RULES REGARDING THE DEVELOPMENTAL AND MENTAL HEALTH SERVICES RISK POOL SPECIAL FUND › Section 13 150 010 - ADMINISTRATIVE RULES REGARDING THE DEVELOPMENTAL AND MENTAL HEALTH SERVICES RISK POOL SPECIAL FUND

Current through June, 2024
Section 1
Definitions: the following definitions apply to the following
				  rules:
Department: Department of Developmental and Mental Health
				  Services
Commissioner: Commissioner of the Department of Developmental
				  and Mental Health Services
Designated Providers, Agencies: Agencies which have been
				  designated by the department pursuant to Title 18, Chapter 207 and the
				  Administrative Rules on Agency Designation
The Fund: the Department of Developmental and Mental Health
				  Services Risk Pool Special Fund
Section
				2
Purpose The purpose of the fund is to support the financial
				  viability of the department's systems of care by establishing a financial
				  reserve to be allocated by the department to its designated provider system
				  based on predetermined criteria.
2.1.
				There shall be a funding pool for the Community Rehabilitation and Treatment
				(CRT) program and a funding pool for the Developmental Service program. They
				shall be maintained and administered separately.
2.2. These funding pools shall be organized
				and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, except where
				otherwise expressly provided by law.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 160 - DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES › Chapter 003 - REGULATIONS FOR COMMISSIONER-DESIGNATED SHELTER PROGRAMS › Section 13 160 003 - REGULATIONS FOR COMMISSIONER-DESIGNATED SHELTER PROGRAMS

Current through June, 2024
Section I SCOPE AND
				APPLICABILITY OF REGULATIONS
33 V.S.A. § 5512 authorizes the Commissioner of the
				  Department of Social and Rehabilitation Services ("commissioner" and
				  "department" or "SRS") to designate facilities as qualified to house and assist
				  children who have run away from their parents, guardian, or legal custodian for
				  the purpose of reuniting them with their families. ("Commissioner-Designated
				  Shelter" or "CDS"). These regulations set forth the requirements for the
				  receipt and maintenance of a commissioner's designation. They are intended to
				  ensure that Commissioner-designated Shelters provide the children they serve
				  with a basic quality of care, health, and safety. They are also intended to
				  ensure that Commissioner-Designated Shelters respect the rights of parents,
				  guardians, and custodians of children who have run away and that they fulfill
				  their purpose of assisting children to reunite with their
				  families.
Section II
				STATUTORY AUTHORITY
33 V.S.A. § 5510(4) provides that a child may be taken
				  into custody "by a law enforcement officer when he has reasonable grounds to
				  believe that the child has run away from his parents, guardian, or legal
				  custodian."
33 V.S.A. § 5511 provides that, when a law enforcement
				  officer has taken a child into custody pursuant to 33 V.S.A. § 5510(4),
				  "the law enforcement officer may deliver the child to any organization
				  designated by the commissioner of social and rehabilitation services as
				  qualified to assist children who have run away for the purpose of reuniting
				  them with their parents, guardian or legal custodian."
33 V.S.A. § 5512 provides:
(a) The commissioner of social and
				rehabilitation services shall designate shelters throughout the state where a
				child taken into custody pursuant to section 5510(4) of this title may be
				housed for a period not to exceed 7 days.
(b) Upon delivery of a child to a designated
				shelter program, the shelter program director or his or her designee, shall:
(1) notify the child's parents, guardian or
				custodian that the child has been taken into custody; and
(2) make reasonable efforts to mediate the
				differences between the parties.
(c) Upon expiration of the period referred to
				in subsection (a) of this section or at the request of the child or the
				parents:
(1) the child shall be released to
				his or her parents, guardian or custodian; or
(2) a law enforcement officer shall deliver
				the child to the juvenile court pursuant to section
				5511(2)
				of this title.
(d)
				During the period of time the child is at the shelter, the legal custody of the
				child shall remain with the parent, unless otherwise designated by the juvenile
				court.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 162 - DIVISION OF LICENSING AND REGULATION › Chapter 002 - STANDARDS - COMMUNITY CARE HOMES WITH PERSONAL CARE - LOWER AND HIGHER LEVEL (SOCIAL SECURITY ADMINISTRATION CODES G AND F) › Section 13 162 002 - STANDARDS - COMMUNITY CARE HOMES WITH PERSONAL CARE - LOWER AND HIGHER LEVEL (SOCIAL SECURITY ADMINISTRATION CODES G AND F)

Current through June, 2024
DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES (LOWER
				  LEVEL) (SOCIAL SECURITY ADMINISTRATION CODE G)
AUTHORITY
Pursuant to 18 VSA § 2014, regulations governing the
				  standards of care, program, administration and sanitation of community care
				  homes with personal care are hereby promulgated.
These regulations do not govern the standards of care,
				  program, administration or sanitation of higher level (SSA Code F) community
				  care homes.
Section I SCOPE AND
				PURPOSE
Community care is based on the concept that people who need
				  personal help and supervision because of physical or mental disability are
				  often better cared for in a supportive family setting than an institutional
				  one.
Community care homes provide personal help and supervision to
				  typically three to fifteen (but preferably not more than fifteen) people who
				  need more than room and board, yet less than nursing care or therapeutic
				  treatment. Ideally, the homes are warm and family-like in atmosphere, and must
				  be physically comfortable and safe.
These standards are intended to preserve the home, while
				  insuring a basic quality of care, health, safety and human rights for their
				  residents.
Section II
				DEFINITIONS
A. Community care home is defined
				as a place, however named, excluding a licensed foster home, which provides,
				for profit or otherwise, room, board and personal care to three or more
				residents unrelated to the home operator, hereinafter called "home." The
				Commissioner of Social and Rehabilitation Services may establish by rule
				different categories of community care homes, based on the level of care
				provided.
B. Room and board is
				defined as including the provision of room, shelter, laundry, utilities and
				furnished sleeping and living accommodations.
C. Personal care is defined as helping a
				resident with one or more of the following: eating, dressing, bathing,
				grooming, movement, or providing general supervision available on a 24-hour
				basis of a resident's physical or mental well-being exclusive of nursing
				care).
D. Operator is defined as
				the person or persons having the account-ability and primary responsibility for
				the supervision and operation of the home.
E. Resident is defined as a person unrelated
				to the operator, living in the home as his/her primary residence, who requires
				personal care because of physical or mental disability.
F. Licensing agency is the Department of
				Social and Rehabilitation Services.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 162 - DIVISION OF LICENSING AND REGULATION › Chapter 007 - LICENSING REGULATIONS FOR FAMILY FOSTER CARE › Section 13 162 007 - LICENSING REGULATIONS FOR FAMILY FOSTER CARE

Current through June, 2024
LICENSING RULES FOR FOSTER HOMES IN VERMONT
Section 1. Purpose of Rules.
10 Under the Authority of
				33 V.S.A.
				§
											4905, the Department for Children and
				Families ("Department") is responsible for licensing foster homes.
These rules have been established to assure the care and
				  safety of children who have to live in homes other than their own. A license is
				  issued if the foster home and prospective foster parent(s) meet these
				  rules.
If the Department finds the applicant(s) or licensee(s)
				  unwilling or unable to meet these rules, the license will be denied or
				  revoked.
Rules necessary to assure a child's well - being cover the
				  following:
1. The safety and adequacy
				of the home for the care of children;
2. The personal characteristics and social
				relationships of the foster parent(s) and other members of the
				household;
3. The commitment to
				foster care, and the ability and willingness of the foster family to work
				cooperatively in support of the child's case plan; and
4. The ability of the foster family to
				provide positive, constructive experiences for all children in their
				care.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 170 - DEPARTMENT FOR CHILDREN AND FAMILIES (DCF) › Chapter 001 - HEALTH BENEFITS ELIGIBILITY AND ENROLLMENT › Section 13 170 001 - HEALTH BENEFITS ELIGIBILITY AND ENROLLMENT

Current through June, 2024
Part ONE GENERAL PROVISIONS AND DEFINITIONS
Section 1.00 Administration of Health
				Benefits
(01/15/2017, GCR 16-094)
The Agency of Human Services (AHS) was created in 1969 to
				  serve as the umbrella organization for all human-service activities within
				  state government. It is the Single State Agency for Medicaid purposes and the
				  adopting authority for this rule.
Section 2.00 General Description of Health
				Benefits in Vermont (Subject to Specific Criteria in Subsequent Sections)
(01/15/2017, GCR 16-094)
Section 2.01 Types of health benefits
(01/15/2017, GCR 16-094)
(a) In general
The state offers several types of health benefits,
				  including:
* Medicaid;
* Children's Health Insurance Program (CHIP);
* Enrollment in a Qualified Health Plan (QHP) with financial
				  assistance.
The benefits for which a person is eligible is determined
				  based on the individual's income, resources (in specified cases), and
				  circumstances as covered in succeeding sections.
(b) Benefit choice
Except as may be otherwise restricted, an individual may
				  select the particular health benefit or benefits that they wish to be
				  considered for. In the absence of such a selection, AHS will determine an
				  individual's eligibility for the most advantageous benefit that they qualify
				  for.
(c) Redetermination of
				eligibility
If an individual becomes ineligible for one benefit, AHS will
				  determine eligibility for the next most advantageous benefit that they then
				  qualify for.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 170 - DEPARTMENT FOR CHILDREN AND FAMILIES (DCF) › Chapter 010 - VERMONT BLUEPRINT FOR HEALTH (100) › Section 13 170 010 - VERMONT BLUEPRINT FOR HEALTH (100)

Current through June, 2024
Section 100 Blueprint for Health
The General Assembly of the State of Vermont, in enacting Act
				  191 (2005), created the Blueprint for Health.
The Blueprint for Health (Blueprint) is the State of
				  Vermont's program for integrating a system of health care for patients,
				  improving the health of the overall population, and improving control over
				  health care costs by promoting health maintenance, prevention, and care
				  coordination and management.
The Blueprint for Health resides in the Agency of Human
				  Services (AHS), Department of Vermont Health Access (DVHA).
DVHA shall periodically publish a Blueprint for Health
				  Manual. Changes to the Manual shall only be made after a thorough public
				  process for comment, discussion, and consensus building. That public input
				  process shall include an internet posting of draft revisions to the Manual,
				  distribution of the draft to the Expansion Design and Evaluation Committee, the
				  Blueprint Executive Committee, and the Payer Implementation Work Group and
				  discussion of proposed Manual revisions in a minimum of two meetings of the
				  Expansion Design and Evaluation Committee. Written and oral comments on
				  proposed Manual revisions may be submitted to the Department.
Section 101 Governance
The Blueprint Director oversees development and
				  implementation of the Blueprint for Health under the direction and
				  responsibility of the Commissioner of the Department of Vermont Health Access
				  (DVHA) in collaboration with the Commissioner of the Department of
				  Health.
The Health Care Reform Director supports development and
				  implementation of the Blueprint for Health in collaboration with the Blueprint
				  Director and oversees state health reform initiatives, including Health
				  Information Technology (HIT), under the direction and responsibility of the
				  Commissioner of the Department of Vermont Health Access (DVHA).
101.1 Advisory Groups
Three groups serve in an advisory capacity to the Blueprint
				  Director:
A. The Blueprint Executive
				Committee advises on the Blueprint's broad strategic planning.
B. The Expansion Design & Evaluation
				Committee advises on the Blueprint's expanded implementation.
C. The Payer Implementation Work Group
				advises on the technical details of payment implementation and modifications.
The Advisory groups are described in the Blueprint for Health
				  Manual.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 170 - DEPARTMENT FOR CHILDREN AND FAMILIES (DCF) › Chapter 220 - REACH UP (2200) › Section 13 170 220 - REACH UP (2200)

Current through June, 2024
Section 2200 Reach Up
The purpose of the Reach Up program is to:
(1) assist families, recognizing individual
				and unique characteristics, to obtain the opportunities and skills necessary
				for self-sufficiency;
(2) encourage
				economic independence by removing barriers and disincentives to work and
				providing positive incentives to work;
(3) support parental nurturing;
(4) support parental responsibility and
				positive parental role models, both custodial and noncustodial;
(5) measure the success of the system by what
				is best for children;
(6) improve
				the well-being of children by providing for their immediate basic needs,
				including food, housing and clothing;
(7) respect the dignity of individuals and
				families receiving assistance by providing employment, education, and other
				services through social service delivery systems available to all Vermont
				citizens and by encouraging the private sector to integrate families receiving
				assistance into the mainstream of the employment market;
(8) recognize the challenges facing many
				families receiving assistance by minimizing structural financial disincentives
				to increased earnings and the abrupt termination of assistance before parents
				are fully integrated into the employment market;
(9) conserve state public financial resources
				by operating the system of aid in a manner that is efficient and avoids federal
				fiscal sanctions; and
(10) conform
				to the federal TANF law.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 170 - DEPARTMENT FOR CHILDREN AND FAMILIES (DCF) › Chapter 250 - REACH AHEAD (2500) › Section 13 170 250 - REACH AHEAD (2500)

Current through June, 2024
Section 2500 Introduction to Reach Ahead
(7/1/2015, 15-08)
The Reach Ahead program assists employed families with
				  unsubsidized earnings who have recently left Reach Up or the Postsecondary
				  Education program. The purpose of the program is to assist these families in
				  their transition from public assistance and to help them maintain employment by
				  providing work supports and incentives. Reach Ahead is designed to improve
				  family financial stability while the family transitions off of public
				  assistance by providing work supports, services and food assistance.
Reach Ahead provides information and referrals to workforce
				  development options, time-limited work supports, and food assistance.
				  Participation in this program is limited to no more than 24 months in a
				  participating adult's lifetime. When necessary, Reach Ahead provides
				  individualized case management that addresses the individual participant's
				  situation or barriers to self sufficiency and assists the participant to
				  maintain employment.
Section
				2501 Definitions
(03/01/2017, 17-02)
Reach Ahead terms are either defined in Reach Up rules and
				  incorporated into Reach Ahead rules or defined in this section.
A. The following Reach Ahead terms are
				defined in Reach Up rule 2301 and incorporated into Reach Ahead rules by this
				reference:
1. Adult
2. Barrier
3. Caretaker
4. Commissioner
5. Department
6. Dependent Child
7. Living with a relative or
				caretaker
8. Parent
9. Relative
10. Temporary Assistance to Needy Families or
				TANF
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 170 - DEPARTMENT FOR CHILDREN AND FAMILIES (DCF) › Chapter 300 - REFUGEE CASH ASSISTANCE (3000) › Section 13 170 300 - REFUGEE CASH ASSISTANCE (3000)

Current through June, 2024
Section 3000
				Refugee Cash Assistance (RCA)
The Refugee Act of 1980 gives the Immigration and
				  Naturalization Service (INS) jurisdiction over an individual who is admitted to
				  the United States as a refugee. The Act will result in a standardized identity
				  for all refugees without regard to nationality. However, for the next several
				  years, there will continue to be certain individuals who qualify for refugee
				  status and, therefore, refugee assistance. The following persons may be
				  eligible for assistance under Refugee Cash Assistance:
A. A person from Cambodia, Laos or Vietnam
				who is currently receiving assistance under the Indochinese Refugee Assistance
				Program (IRAP).
B. A person from
				Cuba who is currently receiving ANFC and/or Medicaid and who entered the United
				States on or after October 1, 1978.
C. A person from Cambodia, Laos or Vietnam,
				provided that person's documentation (I-94), if issued on or after June 1,
				1980, clearly indicates that person has been paroled as a refugee or asylee [
				Section 212(d)(5) of the Immigration and Nationality Act (INA)].
D. A person from Cuba who entered the United
				States on or after October 1, 1978. If the I-94 was issued on or after April
				21, 1980, it must clearly indicate the person has been paroled as a refugee or
				asylee.
E. A person from any
				country other than those listed in C. and D. above who has been paroled as a
				refugee or asylee. (I-94 should indicate parole status.)
NOTE: While the exact wording on the I-94 may differ in C-E,
				  it must clearly indicate that the person has been paroled as a refugee or
				  asylee.
F. A person
				admitted from any country as a conditional entrant under Section 203(a)(7) of
				the INA. However, a person with an INS status of applicant for asylum or a
				Cuban/Haitian entrant is not eligible.
G. A person from any country admitted as a
				refugee under Section
				207
				of the INA.
H. A person from any
				country who has been granted asylum under Section
				208
				of the INA.
I. A person from any
				country who previously held one of the categories listed above whose status has
				been changed to permanent resident alien.
Documentation required: A form I-151 or I-551 (Resident Alien
				  forms). Also, verification that previous status was one of those listed above
				  (i.e., a photocopy of a previous I-94).