Code of Vermont Rules › Agency 80 - ADMINISTRATIVE AND ADVISORY AGENCIES › Sub-Agency 240 - HEALTH POLICY COUNCIL › Chapter 001 - PROCEDURAL RULES › Section 80 240 001 - PROCEDURAL RULES

Current through June, 2024
Article I Name and Authority
The Council, established in Chapter 53, VSA, is named the
				Health Policy Council and is the agency for health planning pursuant to section
				2355 of 18 VSA.
Article II
			 Purposes, Duties and Powers
Section 1
The purpose of the Council is to undertake health planning and
				resource development in accordance with the provisions of Chapter 53 and
				Chapter 55 of Title 18, V.S.A.
Section
			 2 The Council will undertake but not be limited to these duties:
(A) Make a continuing assessment of the
			 health needs of the residents of the state.
(B) Make a continuing assessment of the
			 resources available to meet the health needs of the residents of the
			 state.
(C) Beginning in 1990 and
			 every third year thereafter, prepare a State Health Plan identifying health
			 needs and costs and making recommendations concerning those needs and costs and
			 deliver the plan to the Governor and the general assembly before January 15.
(1) The plan shall assess the institutional
			 health services needed to provide for the well-being of people receiving care
			 within the state, including, at a minimum, acute inpatient, rehabilitation, and
			 long term care services; and also describe other health services needed to
			 provide for the well-being of persons receiving care within the state,
			 including at a minimum, preventive, ambulatory, and home health services, and
			 treatment for alcohol and drug abuse. The plan shall also assess the number and
			 type of resources, including facilities, major medical equipment, and other
			 resources required to meet the goals of the plan and shall generally describe
			 the extent to which existing health care facilities are in need of
			 modernization, conversion to other uses, or closure and the extent to which new
			 health care facilities need to be constructed or acquired.
(2) In the preparation of the State Health
			 Plan or a revision of the Plan, the Council shall conduct at least three public
			 hearings, in different regions of the State, on the Plan as proposed and shall
			 give interested persons an opportunity to submit their views orally and in
			 writing. Not less than 30 days prior to any such hearing, the Council shall
			 publish in the manner prescribed in section
			 839
			 of Title 3, the time and place of the hearing, the place at which interested
			 persons may review the Plan in advance of the hearing and the place and period
			 during which to direct written comment to the Council.
(3) The State Health Plan or any revised
			 State Health Plan adopted by the Council shall be the health plan for the State
			 after it is approved by the Governor or upon passage of three months from the
			 date the Governor receives the Plan, whichever occurs first, unless the
			 Governor disapproves the Plan, in whole or in part. If the Governor
			 disapproves, he or she shall specify the sections of the Plan which are
			 objectionable and the changes necessary to meet the objections. The sections of
			 the Plan that are not disapproved shall become part of the State Health
			 Plan.
(D) Consult with
			 and advise providers and third-party payers to develop procedures of health
			 care delivery and reimbursement that will promote both the effectiveness and
			 efficiency of the health care system;
(E) Advise the Secretary of Human Services in
			 matters concerning the planning, funding, and delivery of health
			 services
(F) On or before January
			 15, submit the Annual Implementation Plan to the Senate and House committees on
			 health and welfare; and
(G) Be a
			 party in any certificate of need review, and may file and participate in
			 appeals under section 2413 of Title 18.
(H) Make recommendations to the Hospital Data
			 Council according to the provisions of section 1957 of Title 18;
Section 3 Powers
(A) Consistent with
			 32 V.S.A. Sec.
			 5, the Council may apply for, receive or
			 accept grants, gifts, and other payments, including property and service, from
			 a governmental or other public or private entity or person, and may make
			 arrangements as to the use of those receipts, including the undertaking of
			 special studies and other projects relating to health care.
(B) The Council may provide technical
			 assistance or make grants to individuals and public and nonprofit private
			 entities, consistent with state and federal law, for the development of
			 projects and programs which the council determines are necessary to achieve the
			 objectives of its health plan.
(C)
			 The Council shall have the power to examine the books, accounts and papers of
			 any provider and may require the filing of reports, data, schedules, statistics
			 or information as needed to carry out its functions. Records or information
			 protected by the confidentiality provisions of the physician-patient privilege
			 under section
			 1612(a)
			 of Title 12 or otherwise required by law to be held confidential shall not be
			 subject to the provision of this section.