Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 150 - DEPARTMENT OF DEVELOPMENTAL AND MENTAL HEALTH SERVICES › Chapter 006 - ADMINISTRATIVE RULES ON AGENCY DESIGNATION › Section 13 150 006 - ADMINISTRATIVE RULES ON AGENCY DESIGNATION

Current through June, 2024
Section 1
				Definitions
the following definitions apply to the following
				  rules:
Commissioner: Commissioner of the Department of Developmental
				  and Mental Health Services
Department, DDMHS: Vermont Department of Developmental and
				  Mental Health Services
Agency: a legal entity responsible for ensuring service
				  provision, as described in these administrative rules
Board: Board of Directors of the agency
State Committee: State Program Standing Committee
Certification: the process by which the Division of
				  Developmental Services determines whether a provider meets minimum standards to
				  provide publicly funded supports or services to people with developmental
				  disabilities and/or their families.
Disability: with respect to an individual, (1) a physical or
				  mental impairment, including alcoholism and substance abuse as defined by the
				  Americans with Disabilities Act, that substantially limits one or more of the
				  major life activities of the individual; (2) a record of such an impairment; or
				  (3) being regarded as having such an impairment.
Consumer: an individual who is or was eligible to receive
				  services from an agency because of his or her disability. A "disclosed"
				  consumer is someone who openly discloses his/her disability.
Family member: an individual who is related to a person with
				  a disability by blood, marriage, civil union, or adoption, or considers himself
				  or herself to be family based upon bonds of affection, and who currently shares
				  a household with the individual with a disability or has, in the past, shared a
				  household with that individual. For the purposes of this definition the phase,
				  "bonds of affection" means enduring ties that do not depend on the existence of
				  an economic relationship.
Terms deemed inclusive of guardian: unless otherwise
				  specified, any reference to an applicant, service recipient, consumer, person
				  or individual is deemed to refer to the person's guardian, if the person has a
				  guardian and if the action or notification lies within the authority of the
				  guardian.
Related party: all affiliates of an agency, including the
				  affiliate's management and their immediate family members/significant others;
				  the affiliate's principal owner(s) and families/significant others; investments
				  accounted for by the equity method; beneficial employee trusts managed by
				  management of the agency and any party that may, or does, conduct business with
				  the agency and has ownership, control, or significant influence over the
				  management or operating policies of another party to the extent that an arm's
				  length transaction may not be achieved.
Related party transaction: a transaction in which one party
				  to the transaction has the ability to impose contract terms that would not have
				  occurred if one of the parties was not a related party.
Local System of Care Plan: this term is synonymous with the
				  term "Local Community Services Plan," which is contained in Title 18, Chapter
				  207, Section 8908.
Shall: refers to a mandatory requirement; equivalent with the
				  terms "will" or "must."
May: refers to a strongly desirable and/or optional
				  requirement; equivalent to the term "should."
Day: means calendar day, not working day, unless otherwise
				  specified.
Section 2
				Purpose
For each population served by the department, the
				  Commissioner shall designate one agency in each geographic area of the state to
				  assure that people in local communities receive services and supports,
				  consistent with available funding, the state System of Care Plans, the local
				  System of Care Plans, outcome requirements, regulations promulgated by DDMHS,
				  the goals of Vermont for its citizens, the goals of the citizens themselves,
				  and other policies, plans, regulations, and laws.
2.1. Provisions:
2.1.1. Agencies are designated to assure
				services within geographic areas identified by the Commissioner.
2.1.1.1. The geographic area for each
				designated agency shall be defined by the Commissioner.
2.1.1.2. Any change in the geographic area of
				a designated agency may be appealed through the process detailed in Section
				9.