The Vermont Statutes Online

Title 18: Health

Chapter 041: Survey and Construction

• § 1801. Definitions

  As used in this chapter:

  (1) [Repealed.]

  (2) “The federal act” means Title VI of the Public Health Service Act (42 U.S.C. § 201 et seq.) as now and hereafter amended.

  (3) “Hospital” includes public health centers and general, tuberculosis, mental, chronic disease, and other type of hospitals and related facilities, such as laboratories, out-patient departments, nurses’ homes and training facilities, and central service facilities, operated in connection with hospitals, but does not include any hospital furnishing primarily domiciliary care.

  (4) “Medical facilities” means diagnostic or diagnostic and treatment centers, rehabilitation facilities and nursing homes as those terms are defined in the federal act, and such other medical facilities for which federal aid may be authorized under the federal act.

  (5) “Nonprofit hospital” and “nonprofit medical facility” mean any hospital or medical facility owned and operated by one or more nonprofit corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

  (6) “Public health center” means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics, and administrative offices operated in connection with public health centers.

  (7) “The Secretary of Health and Human Services” means the Secretary of Health and Human Services of the United States. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 65, eff. June 8, 2023.)

• § 1802. Powers of Commissioner of Health

  The Department shall constitute the sole agency of the State for the purpose of:

  (1) making an inventory of existing hospitals and medical facilities, surveying the need for construction of hospitals and medical facilities, and developing a program of construction as provided in sections 1805-1807 of this title; and

  (2) developing and administering a State plan for the construction of public and other nonprofit hospitals and medical facilities as provided in sections 1808-1814 of this title. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 66, eff. June 8, 2023.)

• § 1803. General powers and duties of Commissioner of Health

  In carrying out the purposes of this chapter, the Commissioner is authorized and directed:

  (1) to require such reports, make such inspections and investigations, and adopt such rules as it deems necessary;

  (2) to provide such methods of administration, appoint personnel, and take such other action as may be necessary to comply with the requirements of the federal act and the regulations promulgated pursuant to the act;

  (3) to procure, in its discretion, the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part time or fee-for-service basis and do not involve the performance of administrative duties;

  (4) to the extent that it considers desirable to effectuate the purposes of this chapter to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public or private;

  (5) to accept on behalf of the State and to deposit with the State Treasurer any grant, gift, or contribution made to assist in meeting the cost of carrying out the purposes of this chapter and to expend the same for such purposes;

  (6) to do all other things on behalf of the State necessary to obtain full benefits under the federal act as now and hereafter amended. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 6, § 128, eff. July 1, 2023; 2023, No. 53, § 67, eff. June 8, 2023.)

• § 1804. Repealed. 1975, No. 247 (Adj. Sess.), § 2.

• § 1805. Survey and planning activities

  The Commissioner is authorized and directed to make an inventory of existing hospitals and medical facilities, including public, nonprofit, and proprietary hospitals and medical facilities; to survey the need for construction of hospitals and medical facilities; and, on the basis of such inventory and survey, to develop a program for the construction of such public and other nonprofit hospitals and medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate hospital and medical facility services to all the people of the State. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 68, eff. June 8, 2023.)

• § 1806. Construction program

  The construction program shall provide, in accordance with the regulations prescribed under the federal act, for adequate hospital and medical facilities for the people residing in this State and, insofar as possible, shall provide for their distribution throughout the State in such manner as to make all types of hospital and medical facility services reasonably accessible to all persons in the State.

• § 1807. Application for federal funds for survey and planning; expenditure

  The Commissioner is authorized to make application to the Secretary of Health and Human Services for federal funds to assist in carrying out the survey and planning activities provided in this chapter. Such funds shall be deposited in the State Treasury and shall be available to the Commissioner for expenditure for carrying out the purposes of sections 1805– 1807 of this title. Any such funds received and not expended for such purposes shall be repaid to the Treasury of the United States. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 69, eff. June 8, 2023.)

• § 1808. State plan

  The Commissioner shall prepare and submit to the Secretary of Health and Human Services a State plan that shall include the hospital and medical facilities construction program developed under sections 1805–1807 of this title and that shall provide for the establishment, administration, and operation of hospital and medical facilities construction activities in accordance with the requirements of the federal act and regulations promulgated pursuant to the act. The Commissioner shall, prior to the submission of such plan to the Secretary of Health and Human Services, give adequate publicity to a general description of all the provisions proposed to be included therein and hold a public hearing at which all persons or organizations with a legitimate interest in such plan may be given an opportunity to express their views. After approval of the plan by the Secretary of Health and Human Services, the Commissioner shall publish a general description of the provisions thereof in newspapers having general circulation in the State and shall make the plan or a copy thereof available upon request to all interested persons or organizations. The Commissioner shall, from time to time, review the construction program and submit to the Secretary of Health and Human Services any modifications to the program as the Commissioner may find necessary and may submit to the Secretary of Health and Human Services such modifications of the State plan, not inconsistent with the requirements of the federal act, as the Commissioner may deem advisable. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 6, § 129, eff. July 1, 2023; 2023, No. 53, § 70, eff. June 8, 2023.)

• § 1809. Minimum standards for hospital and medical facilities maintenance and operation

  The Department shall, by rule, prescribe minimum standards for the maintenance and operation of hospitals and medical facilities that receive federal aid for construction under the State plan. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 71, eff. June 8, 2023.)

• § 1810. Priority of projects

  The State plan shall set forth the relative need for the several projects included in the construction program determined in accordance with regulations prescribed pursuant to the federal act, and provide for the construction, insofar as financial resources available therefor and for maintenance and operation make possible, in the order of such relative need.

• § 1811. Construction projects; applications

  Applications for hospital and medical facilities construction projects for which federal funds are requested shall be submitted to the Commissioner and may be submitted by the State or any political subdivision thereof or by any public or other nonprofit agency authorized to construct and operate a hospital or a medical facility, provided that no application for a diagnostic or treatment center shall be approved unless the applicant is (1) a State, political subdivision, or public agency, or (2) a corporation or association that owns and operates a nonprofit hospital. Each application for a construction project shall conform to federal and State requirements. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 72, eff. June 8, 2023.)

• § 1812. Consideration and forwarding of applications

  The Commissioner shall afford to every applicant for a construction project an opportunity for a fair hearing. If the Commissioner, after affording a reasonable opportunity for development and presentation of applications in the order of relative need, finds that a project application complies with the requirements of section 1811 of this title and is otherwise in conformity with the State plan, the Commissioner shall approve such application and shall recommend and forward it to the Secretary of Health and Human Services. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 73, eff. June 8, 2023.)

• § 1813. Inspection of projects

  From time to time, the Department shall inspect each construction project approved by the Secretary of Health and Human Services, and, if the inspection so warrants, the Commissioner shall certify to the Secretary of Health and Human Services that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 74, eff. June 8, 2023.)

• § 1814. Hospital and Medical Facilities Construction Fund

  The Department is hereby authorized to receive federal funds in behalf of, and transmit them to, such applicants. There is hereby established, separate and apart from all public monies and funds of this State, the Hospital and Medical Facilities Construction Fund. Money received from the federal government for a construction project approved by the Secretary of Health and Human Services shall be deposited to the credit of this Fund and shall be used solely for payments due applicants for work performed, or purchases made, in carrying out approved projects. Warrants for all payments for the Hospital and Medical Facilities Construction Fund shall bear the signature of the Commissioner or the duly authorized agent of the Department for such purpose. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 75, eff. June 8, 2023.)