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Subchapter 001: GENERALLY
§ 3001. Definitions
In this chapter, the following words mean:
(1) Agency: The Agency of Human Services.
(2) Department: A major component of the Agency.
(3) Director: The head of a division of the Agency.
(4) Division: A major component of a department engaged in furnishing services to the
public or to units of government at levels other than the State level.
(5) Commissioner: The head of a department responsible to the Secretary for the administration
of the department.
(6) Secretary: The head of the Agency, a member of the Governor’s Cabinet and responsible
to the Governor for the administration of the Agency. (Added 1969, No. 272 (Adj. Sess.), § 1, eff. Jan. 10, 1971.)
§ 3002. Creation of Agency
(a) An Agency of Human Services is created consisting of the following:
(1) The Department of Corrections.
(2) The Department for Children and Families.
(3) The Department of Health.
(4) The Department of Disabilities, Aging, and Independent Living.
(5) The Human Services Board.
(6) The Department of Vermont Health Access.
(7) The Department of Mental Health.
(b) The following units are attached to the Agency for administrative support:
(1)-(17) [Repealed.]
(18) Governor’s Committee on Employment of People with Disabilities.
(19), (20) [Repealed.]
(c) Units attached to the Agency for administrative support shall receive, and shall use,
the services provided by the Administrative Services Division of the Agency under
section 3086 of this title. (Added 1969, No. 272 (Adj. Sess.), § 2, eff. Jan. 10, 1971; amended 1971, No. 53, § 3; 1971, No. 198 (Adj. Sess.), § 1, eff. March 31, 1972; 1973, No. 101, § 3; 1973, No. 174 (Adj. Sess.), § 3; 1973, No. 236 (Adj. Sess.), § 2; 1973, No. 258 (Adj. Sess.), § 2; 1973, No. 267 (Adj. Sess.), § 8; 1975, No. 111, § 5; 1975, No. 247 (Adj. Sess.), § 2; 1983, No. 130 (Adj. Sess.), § 2; 1989, No. 187 (Adj. Sess.), § 2; 1989, No. 219 (Adj. Sess.), § 9(a); 1989, No. 221 (Adj. Sess.), § 11; 1995, No. 174 (Adj. Sess.), § 3; 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 122 (Adj. Sess.), § 106; 2005, No. 45, § 1; 2005, No. 148 (Adj. Sess.), § 54; 2007, No. 15, § 2; 2009, No. 156 (Adj. Sess.), § I.5; 2013, No. 96 (Adj. Sess.), § 8; 2013, No. 179 (Adj. Sess.), § E.342.8.)
§ 3003. Advisory capacity
(a) All boards and commissions that under this chapter are a part of or are attached to
the Agency shall be advisory only, except as hereinafter provided, and the powers
and duties of the boards and commissions, including administrative, policy making,
and regulatory functions, shall vest in and be exercised by the Secretary of the Agency.
(b) [Repealed.] (Added 1969, No. 272 (Adj. Sess.), § 3, eff. Jan. 10, 1971; amended 2023, No. 53, § 8, eff. June 8, 2023.)
§ 3004. Personnel designation
The Secretary; Deputy Secretary; commissioners; deputy commissioners; attorneys; Directors
of the Offices of State Economic Opportunity and of Child Support; and all members
of boards, committees, commissions, or councils attached to the Agency for support
are exempt from the classified State service. Except as authorized by section 311 of this title or otherwise by law, all other positions shall be within the classified service. (Added 1969, No. 272 (Adj. Sess.), § 6(b), eff. Jan. 10, 1971; amended 1979, No. 110 (Adj. Sess.); 1981, No. 12, eff. March 27, 1981; 1989, No. 219 (Adj. Sess.), § 9(a), (c); 1993, No. 227 (Adj. Sess.), § 9; 2005, No. 45, § 2; 2009, No. 156 (Adj. Sess.), § I.6; 2021, No. 115 (Adj. Sess.), § 1, eff. July 1, 2022.)
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Subchapter 002: SECRETARY
§ 3021. Appointment and salary
(a) The Agency shall be under the direction and supervision of a Secretary, who shall
be appointed by the Governor with the advice and consent of the Senate and shall serve
at the pleasure of the Governor.
(b) [Repealed.] (Added 1969, No. 272 (Adj. Sess.), § 4(a), (c), eff. Jan. 10, 1971; amended 1971, No. 191 (Adj. Sess.), § 16.)
§ 3022. Budget and report
The Secretary shall be responsible to the Governor and shall plan, coordinate, and
direct the functions vested in the Agency. (Added 1969, No. 272 (Adj. Sess.), § 4(b), eff. Jan. 10, 1971; amended 2009, No. 33, § 9.)
§ 3022a. Improving grants management for results-based programs
(a) The Secretary of Human Services shall compile a grants inventory using the Department
of Finance and Management’s master list of all grants awarded during the prior fiscal
year by the Agency or any of its departments to any public and private entities. The
inventory should reflect:
(1) the date and title of the grant;
(2) the amount of federal and State funds committed during the prior fiscal year;
(3) a summary description of each grant;
(4) the recipient of the grant;
(5) the department responsible for making the award;
(6) the major Agency program served by the grant;
(7) the existence or nonexistence in the grant of performance measures;
(8) the scheduled expiration date of the grant;
(9) the number of people served by each grant;
(10) the length of time the entity has had the grant; and
(11) the indirect rate of the entity.
(b) Annually, on or before January 15, the Agency shall submit the inventory to the General
Assembly in an electronic format.
(c) The Secretary of Human Services and the Chief Performance Officer shall report to
the Government Accountability Committee in September of each year and to the House
and Senate Committees on Appropriations annually, on or before January 15, regarding
the progress of the Agency in improving grant management in regard to:
(1) compilation of the inventory required in subsection (a) of this section;
(2) establishing a drafting template to achieve common language and requirements for all
grant agreements, to the extent that it does not conflict with Agency of Administration
Bulletin 5 — Policy for Grant Issuance and Monitoring or federal requirements contained
in 2 C.F.R. Chapter I, Chapter II, Part 200, including:
(A) a specific format covering expected goals and clear concise performance measures that
demonstrate results and that are attached to each goal; and
(B) providing both community organizations and the Agency the same point of reference
in assessing how the grantees are meeting expectations in terms of performance;
(3) executing Designated Agency Master Grant agreements using the new drafting template;
(4) executing grant agreements with other grantees using the new drafting template; and
(5) progress in improving the overall timeliness of executing agreements. (Added 2015, No. 172 (Adj. Sess.), § E.300.1.)
§ 3023. Deputy Secretary
(a) The Secretary, with the approval of the Governor, may appoint a deputy to serve at
his or her pleasure and to perform such duties as the Secretary may prescribe. The
Deputy shall be exempt from the classified service. The appointment shall be in writing
and shall be filed in the Office of the Secretary of State.
(b) The Deputy Secretary shall discharge the duties and responsibilities of the Secretary
in the Secretary’s absence. In case a vacancy occurs in the office of the Secretary,
the Deputy shall assume and discharge the duties of office until the vacancy is filled. (Added 1969, No. 272 (Adj. Sess.), § 4(d), eff. Jan. 10, 1971; amended 1987, No. 243 (Adj. Sess.), § 24, eff. June 13, 1988.)
§ 3024. Advisory councils or committees
The Secretary, with the approval of the Governor, may create such advisory councils
or committees as he or she deems necessary within the Agency, and appoint their members
for terms not exceeding his or hers. (Added 1969, No. 272 (Adj. Sess.), § 4(g), eff. Jan. 10, 1971.)
§ 3025. Transfer of personnel and appropriations
(a) The Secretary, with the approval of the Governor, may transfer classified positions
between State departments and other components of the Agency, subject only to personnel
laws and rules.
(b) The Secretary, with the approval of the Governor, may transfer appropriations or parts
thereof between departments and other components in the Agency, consistent with the
purposes for which the appropriation was made. (Added 1969, No. 272 (Adj. Sess.), § 4(e), (f), eff. Jan. 10, 1971.)
§ 3026. Partnerships for children, families, and individuals
(a)(1) The Secretary of Human Services, the Secretary of Education, and the President of
the University of Vermont shall establish a research partnership to study and make
recommendations for improving the effectiveness of State and local health, human services,
and education programs.
(2) The research partnership shall recommend critical program goals that support the relevant
population-level outcomes for children, families, and individuals set forth in 3 V.S.A. § 2311.
(b) The Secretaries of Human Services and of Education shall collaborate with regional
partnerships for children, families, and individuals in each of the geographical regions
of the State. Regional partnerships consist of citizens; consumers of health, human
services, and education programs; family members; governmental agencies; and nongovernmental
organizations providing health, education, and human services; economic development
representatives and business leaders; and any other individuals and groups who can
contribute to the activities of the regional partnership. Regional partnerships shall
develop and implement local strategies for improving the social well-being of Vermonters
and shall advise the Agencies of Human Services and of Education concerning effective
implementation of State and local health, human services, and education programs.
(c) The Secretaries of Human Services and of Education shall collaborate with the State
team for children, families, and individuals, consisting of representatives of the
agencies and departments of State government that serve children, families, and individuals;
State coordinators of interagency teams; directors of private sector service and advocacy
organizations; institutions of higher education; coordinators for the regional partnerships;
and any other individual or group who can contribute to the activities of the State
team. The State team shall support the activities of the regional partnerships and
participate in the development and implementation of State policies and programs designed
to improve the well-being of Vermonters.
(d) [Repealed.] (Added 2001, No. 63, § 97; amended 2001, No. 142 (Adj. Sess.), § 119; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2013, No. 92 (Adj. Sess.), §§ 248, 302, eff. Feb. 14, 2014; 2015, No. 11, § 3.)
§ 3027. Health care system reform; improving quality and affordability; report
(a) The Director of Health Care Reform in the Agency of Human Services shall be responsible
for the coordination of health care system reform efforts among Executive Branch agencies,
departments, and offices and for coordinating with the Green Mountain Care Board established
in 18 V.S.A. chapter 220.
(b) On or before February 15 annually, the Agency of Human Services shall provide an update
to the House Committee on Health Care and the Senate Committee on Health and Welfare
regarding all of the following:
(1) The status of the Agency’s efforts to develop, update, and implement the Statewide
Health Care Delivery Strategic Plan in accordance with 18 V.S.A. § 9403. The Agency shall adopt an evaluation framework using an evidence-based approach
to assess both the effectiveness of Plan development and implementation and the Plan’s
overall impact. The evaluation shall include identifying what was accomplished, how
well it was executed, and the benefits to specific cohorts within Vermont’s health
care system, and the Agency shall include updated evaluation results annually as part
of its report.
(2) The activities of the Health Care Delivery Advisory Committee established pursuant
to 18 V.S.A. § 9403a during the previous calendar year.
(3) The effects of the Statewide Health Care Delivery Strategic Plan, the efforts and
activities of the Health Care Delivery Advisory Committee, and other efforts and activities
engaged in or directed by the Agency on increasing access to care, improving the quality
of care, and reducing the cost of care in Vermont. (Added 2017, No. 85, § E.300.2, eff. June 28, 2017; amended 2025, No. 68, § 15, eff. June 12, 2025.)
§ 3028. Wholesale prescription drug importation program
(a) The Agency of Human Services shall be responsible for the development and, upon approval
from the Secretary of the U.S. Department of Health and Human Services, the implementation
and administration of a wholesale prescription drug importation program that complies
with the applicable requirements of 21 U.S.C. § 384, including the requirements regarding safety and cost savings.
(b) The Secretary of Human Services may adopt rules pursuant to chapter 25 of this title
as needed to develop, implement, and administer the program. (Added 2019, No. 72, § E.300.6.)
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Subchapter 004: DEPARTMENTS, DIVISIONS, COUNCILS, AND BOARDS
§ 3081. Department of Corrections
The Department of Corrections is created within the Agency of Human Services as the
successor to and the continuation of the Department of Corrections. (Added 1969, No. 272 (Adj. Sess.), § 7, eff. Jan. 10, 1971.)
§ 3082. Department of Health
The Department of Health is created within the Agency of Human Services as the successor
to and the continuation of the Department of Health. (Added 1969, No. 272 (Adj. Sess.), § 9, eff. Jan. 10, 1971; amended 1987, No. 76, § 18; 1995, No. 113 (Adj. Sess.), § 1; 2003, No. 122 (Adj. Sess.), § 106b; 2007, No. 15, § 4.)
§ 3083. Repealed. 2013, No. 131 (Adj. Sess.), § 98, effective May 20, 2014.
§ 3084. Department for Children and Families
(a) The Department for Children and Families is created within the Agency of Human Services
as the successor to and the continuation of the Department of Social and Rehabilitation
Services; the Department of Prevention, Assistance, Transition, and Health Access,
excluding the Department of Vermont Health Access; the Office of Economic Opportunity;
and the Office of Child Support. The Department shall also include a Division of Child
Development Programs.
(b) An investigations unit is created within the Department for Children and Families
as the successor to and continuation of the investigation functions of the Social
Services Division of the Department of Social and Rehabilitation Services under 33 V.S.A. chapter 49. (Added 1969, No. 272 (Adj. Sess.), § 10, eff. Jan. 10, 1971; amended 1973, No. 152 (Adj. Sess.), § 1, eff. April 14, 1974; 1977, No. 208 (Adj. Sess.), § 3; 1983, No. 221 (Adj. Sess.), § 1; 1989, No. 219 (Adj. Sess.), § 8a; 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 122 (Adj. Sess.), § 106c; 2009, No. 156 (Adj. Sess.), § I.7.)
§ 3085. Repealed. 2005, No. 174 (Adj. Sess.), § 140(1).
§ 3085a. Department of Disabilities, Aging, and Independent Living
The Department of Disabilities, Aging, and Independent Living is created within the
Agency of Human Services as the successor to and continuation of the Department of
Aging and Disabilities, the Developmental Services Division of the Department of Developmental
and Mental Health Services, and the personal care and hi-tech programs in the former
Department of Prevention, Assistance, Transition, and Health Access to manage programs
and to protect the interests of older Vermonters and Vermonters with disabilities.
It shall serve as the State unit on aging, as provided by the Older Americans Act
of 1965, as amended, and it shall serve as the administrative home within the Agency
of Human Services for the designated State agencies for federal Vocational Rehabilitation
and Independent Living Programs, as provided by the Rehabilitation Act of 1973, as
amended. (Added 1989, No. 219 (Adj. Sess.), § 1; amended 2003, No. 122 (Adj. Sess.), § 106d; 2005, No. 45, § 4; 2005, No. 174 (Adj. Sess.), § 5.)
§ 3085b. Commission on Alzheimer’s Disease and Related Disorders
(a) The Commission on Alzheimer’s Disease and Related Disorders is created.
(b) The Commission shall be composed of 21 members: the Commissioners of Disabilities,
Aging, and Independent Living and of Health or designees, the Executive Director of
Blueprint for Health or designee, one Senator chosen by the Senate Committee on Committees,
one Representative chosen by the Speaker of the House, and 16 members appointed by
the Governor. The members appointed by the Governor shall represent the following
groups and organizations: physicians; social workers; hospitals and nursing home managers,
including the administrators of the Vermont Veterans’ Home; the clergy; adult day
center providers; registered nurses; residential care home operators; family care
providers; the home health agency; the legal profession; mental health service providers;
the area agencies on aging; University of Vermont’s Center on Aging; the Support and
Services at Home (SASH) program; and the Alzheimer’s Association. The members appointed
by the Governor shall have direct expertise or experience working with or caring for
individuals impacted by Alzheimer’s disease and related disorders, expertise in clinical
and medical research on Alzheimer’s disease and related disorders, or knowledge of
health systems and policies to equitably address Alzheimer’s disease and related disorders
and shall represent, to the degree possible, the five regions of the State.
(c) Eight of the members appointed by the Governor shall serve terms of two years and
eight of the members shall serve terms of three years. Members shall serve until their
successors are appointed. Members may serve more than one term.
(d)(1) For attendance at meetings during adjournment of the General Assembly, legislative
members of the Commission shall be entitled to per diem compensation and reimbursement
of expenses pursuant to 2 V.S.A. § 23 for not more than four meetings.
(2) Members of the Commission who are not employees of the State of Vermont and who are
not otherwise compensated or reimbursed for their attendance shall be entitled to
compensation and expenses as provided in 32 V.S.A. § 1010 for not more than four meetings per year. Payment to the members shall be from the
appropriation to the Department of Disabilities, Aging, and Independent Living.
(e) Annually, the Commission shall elect its chair and other officers from among its membership
and meet upon the call of the Chair or a majority of its membership.
(f) The Commission shall advise State agencies on matters of State policy relating to
Alzheimer’s disease and other dementia-related disorders in Vermont for both the public
and private sectors. The Commission shall:
(1) Evaluate the adequacy of existing services to individuals with Alzheimer’s disease
and other dementia-related disorders and their families and conduct studies to identify
gaps in these services. These studies may include access to mental health-related
services and support for services to families of individuals with Alzheimer’s disease.
(2) Identify strategies and recommend resources to expand existing services.
(3) Review or participate in the development of laws, rules, and other governmental initiatives
that may affect individuals with Alzheimer’s disease and other dementia-related disorders,
and their families.
(4) Provide advice regarding revisions, coordination of services, accountability, and
appropriations.
(5) Support the development of expanded community recognition, understanding, and capacity
to meet the needs of individuals with Alzheimer’s disease and dementia-related disorders.
This may include development of new technologies to improve access to information
for caregivers and practitioners who provide services throughout the State and identification
of new models of service and activities related to expansion of community access to
information, education, and service.
(6) Advise and provide written comments to the Departments of Health and of Disabilities,
Aging, and Independent Living regarding the development of the State Plan on Aging
as it relates to Alzheimer’s disease and dementia pursuant to 33 V.S.A. § 6206 and other relevant plans.
(g) The Department of Disabilities, Aging, and Independent Living shall provide the Commission
with administrative support.
(h) Annually, on or before January 15, the Commission shall submit a written report to
the House Committee on Human Services and to the Senate Committee on Health and Welfare
with its findings and any recommendations for legislative action. (Added 1999, No. 57, § 1, eff. June 1, 1999; amended 2005, No. 174 (Adj. Sess.), § 6; 2011, No. 7, § 1, eff. April 18, 2011; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 28, § 1, eff. May 26, 2015; 2017, No. 120 (Adj. Sess.), § 1; 2021, No. 113 (Adj. Sess.), § 1, eff. July 1, 2022.)
§ 3085c. Repealed. 2019, No. 128 (Adj. Sess.), § 2.
§ 3086. Operations Division
(a) The Operations Division of the Agency is created. It shall be administered by a Director
of Administration.
(b) The Operations Division shall provide the following services to the Agency and all
its components, including components assigned to it for administration:
(1) personnel administration;
(2) financing and accounting activities;
(3) coordination of filing and records maintenance activities;
(4) provision of facilities, office space, and equipment and the care thereof;
(5) requisitioning from the Department of Buildings and General Services of the Agency
of Administration, of supplies, equipment, and other requirements;
(6) management improvement services;
(7) training;
(8) information systems and technology; and
(9) other administrative functions assigned to it by the Secretary.
(c) Other provisions of the law notwithstanding, all administrative service functions
delegated to other components of the Agency shall be performed within the Agency by
the Operations Division.
(d) [Repealed.] (Added 1969, No. 272 (Adj. Sess.), § 12, eff. Jan. 10, 1971; amended 1981, No. 108, § 322; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1997, No. 61, § 267; 1997, No. 155 (Adj. Sess.), § 13; 2003, No. 122 (Adj. Sess.), § 106e; 2005, No. 6, § 84, eff. March 26, 2005; 2005, No. 174 (Adj. Sess.), § 7.)
§ 3087. Planning Division
(a) The Planning Division of the Agency is created. It shall be administered by a Director
of Planning. The Secretary shall appoint the Director.
(b) The Planning Division shall be responsible for:
(1) centralized strategic planning for all components of the Agency;
(2) coordination of professional and technical planning of the line components of the
Agency, aiming toward maximum service to the public;
(3) coordinating activities and plans of the Agency with other major agencies and the
Governor’s office;
(4) preparing multiyear plans and long-range plans and programs to meet problems and opportunities
for service to the public; and
(5) other planning functions assigned to it by the Secretary. (Added 1969, No. 272 (Adj. Sess.), § 13, eff. Jan. 10, 1971.)
§ 3087a. Field Services Division
The Division of Field Services is created within the Agency of Human Services. The
Division shall be headed by a director who shall be exempt from the classified service
and who shall be appointed by the Secretary of Human Services. (Added 2007, No. 172 (Adj. Sess.), § 2.)
§ 3088. Department of Vermont Health Access
The Department of Vermont Health Access is created within the Agency of Human Services. (Added 2003, No. 122 (Adj. Sess.), § 106f; amended 2009, No. 156 (Adj. Sess.), § I.8.)
§ 3089. Department of Mental Health
The Department of Mental Health is created within the Agency of Human Services as
the successor to and the continuation of the Division of Mental Health Services of
the Department of Health. The Department of Mental Health shall be responsible for
the operation of the Vermont State Hospital or its successor in interest as defined
in subdivision 455(28) of this title. (Added 2007, No. 15, § 5; amended 2011, No. 79 (Adj. Sess.), § 13, eff. April 4, 2012.)
§ 3090. Human Services Board
(a) The Human Services Board is created within the Agency of Human Services as the successor
to and the continuation of the present Social Welfare Board. It consists of seven
members. The Governor, with the advice and consent of the Senate, shall appoint members
for terms of six years so that not more than three terms expire in the same biennium.
The Governor shall designate the Board’s Chair.
(b) The duties of the Board shall be to act as a Fair Hearing Board on appeals brought
pursuant to section 3091 of this title.
(c) The Board shall hold meetings at times and places warned by the Chair on his or her
own initiative or upon request of two Board members or the Governor. Four members
shall constitute a quorum, except that three members shall constitute a quorum at
any meeting upon the written authorization of the Chair issued in connection with
that meeting.
(d) With the approval of the Governor the Board may appoint one or more hearing officers,
who shall be outside the classified service, and it may employ such secretarial assistance
as it deems necessary in the performance of its duties.
(e) On or before January 15 of each year, the Board shall report to the House Committees
on Human Services and on Health Care and the Senate Committees on Appropriations and
on Health and Welfare regarding the fair hearings conducted by the Board during the
three preceding calendar years, including:
(1) the total number of fair hearings conducted over the three-year period and per year;
(2) the number of hearings per year involving appeals of decisions by the Agency itself
and each department within the Agency, with the appeals and decisions relating to
health insurance through the Vermont Health Benefit Exchange reported distinctly from
other programs;
(3) the number of hearings per year based on appeals of decisions regarding:
(A) eligibility;
(B) benefits;
(C) coverage;
(D) financial assistance;
(E) child support; and
(F) other categories of appeals;
(4) the number of hearings per year based on appeals of decisions regarding each State
program over which the Board has jurisdiction;
(5) the number of decisions per year made in favor of the appellant; and
(6) the number of decisions per year made in favor of the department or the Agency. (Added 1973, No. 101, § 4; amended 2013, No. 161 (Adj. Sess.), § 72; 2013, No. 179 (Adj. Sess.), § E.304; 2017, No. 154 (Adj. Sess.), § 8, eff. May 21, 2018.)
§ 3091. Hearings
(a) An applicant for or a recipient of assistance, benefits, or social services from the
Departments for Children and Families; of Vermont Health Access; of Disabilities,
Aging, and Independent Living; or of Mental Health, or of the Department of Health’s
Women, Infant, and Children program, or an applicant for a license from one of those
departments, except for the Department of Health, or a licensee may file a request
for a fair hearing with the Human Services Board. An opportunity for a fair hearing
will be granted to any individual requesting a hearing because the individual’s claim
for assistance, benefits, or services is denied, or is not acted upon with reasonable
promptness; or because the individual is aggrieved by any other Agency action affecting
the individual’s receipt of assistance, benefits, or services, or license or license
application; or because the individual is aggrieved by Agency policy as it affects
the individual’s situation.
(b) The hearing shall be conducted by the Board or by a hearing officer appointed by the
Board. The Chair of the Board may compel, by subpoena, the attendance and testimony
of witnesses and the production of books and records. All witnesses shall be examined
under oath. The Board shall adopt rules with reference to appeals, which shall not
be inconsistent with this chapter. The rules shall provide for reasonable notice
to parties, and an opportunity to be heard and be represented by counsel.
(c) The Board or the hearing officer shall issue written findings of fact. If the hearing
is conducted by a hearing officer, the hearing officer’s findings shall be reported
to the Board, and the Board shall approve the findings and adopt them as the findings
of the Board unless good cause is shown for disapproving them. Whether the findings
are made by the Board, or by a hearing officer and adopted by the Board, the Board
shall enter its order based on the findings.
(d) After the fair hearing, the Board may affirm, modify, or reverse decisions of the
Agency; it may determine whether an alleged delay was justified; and it may make orders
consistent with this title requiring the Agency to provide appropriate relief including
retroactive and prospective benefits. The Board shall consider, and shall have the
authority to reverse or modify, decisions of the Agency based on rules that the Board
determines to be in conflict with State or federal law. The Board shall not reverse
or modify Agency decisions that are determined to be in compliance with applicable
law, even though the Board may disagree with the results effected by those decisions.
(e)(1) The Board shall give written notice of its decision to the person applying for fair
hearing and to the Agency.
(2) Unless a continuance is requested or consented to by an aggrieved person, decisions
and orders concerning Temporary Assistance to Needy Families (TANF) under 33 V.S.A. chapter 11, TANF-Emergency Assistance (TANF-EA) under Title IV of the Social Security Act, and
medical assistance (Medicaid) under 33 V.S.A. chapter 19 shall be issued by the Board within 75 days after the request for hearing.
(3) Notwithstanding any provision of subsection (c) or (d) or subdivision (1) of this
subsection (e) to the contrary, in the case of an expedited Medicaid fair hearing,
the Board shall delegate both its fact-finding and final decision-making authority
to a hearing officer, and the hearing officer’s written findings and order shall constitute
the Board’s decision and order in accordance with timelines set forth in federal law.
(f) The Agency or the appellant may appeal from decisions of the Board to the Supreme
Court under V.R.A.P. 13. Pending the final determination of any appeal, the terms
of the order involved shall be given effect by the Agency except insofar as they relate
to retroactive benefits.
(g) A party to an order or decree of the Board or the Board itself, or both, may petition
the Supreme Court for relief against any disobedience of or noncompliance with the
order or decree. In the proceedings and upon such notice thereof to the parties as
it shall direct, the Supreme Court shall hear and consider the petition and make such
order and decree in the premises by way of writ of mandamus, writ of prohibition,
injunction, or otherwise, concerning the enforcement of the order and decree of the
Board as shall be appropriate.
(h)(1) Notwithstanding subsections (d) and (f) of this section, the Secretary shall review
all Board decisions and orders concerning TANF, TANF-EA, Office of Child Support Cases,
Medicaid, and the Vermont Health Benefit Exchange. The Secretary shall:
(A) adopt a Board decision or order, except that the Secretary may reverse or modify a
Board decision or order if:
(i) the Board’s findings of fact lack any support in the record; or
(ii) the decision or order misinterprets or misapplies State or federal policy or rule;
and
(B) issue a written decision setting forth the legal, factual, or policy basis for reversing
or modifying a Board decision or order.
(2) Notwithstanding subsections (d) and (f) of this section, a Board decision and order
concerning TANF, TANF-EA, Office of Child Support, Medicaid, and the Vermont Health
Benefit Exchange shall become the final and binding decision of the Agency upon its
approval by the Secretary. The Secretary shall either approve, modify, or reverse
the Board’s decision and order within 15 days of the date of the Board decision and
order. If the Secretary fails to issue a written decision within 15 days as required
by this subdivision, the Board’s decision and order shall be deemed to have been approved
by the Secretary.
(3) Notwithstanding subsection (f) of this section, only the claimant may appeal a decision
of the Secretary to the Supreme Court. Such appeals shall be pursuant to V.R.A.P.
13. The Supreme Court may stay the Secretary’s decision upon the claimant’s showing
of a fair ground for litigation on the merits. The Supreme Court shall not stay the
Secretary’s order insofar as it relates to a denial of retroactive benefits.
(i) In the case of an appeal of a Medicaid covered service decision made by the Department
of Vermont Health Access or any entity with which the Department of Vermont Health
Access enters into an agreement to perform service authorizations that may result
in an adverse benefit determination, the right to a fair hearing granted by subsection
(a) of this section shall be available to an aggrieved beneficiary only after that
individual has exhausted, or is deemed to have exhausted, the Department of Vermont
Health Access’s internal appeals process and has received a notice that the adverse
benefit determination was upheld. (Added 1973, No. 101, § 5; amended 1989, No. 181 (Adj. Sess.); 1989, No. 219 (Adj. Sess.), § 9(a); 1993, No. 105, § 1; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 8; 2007, No. 15, § 6; 2007, No. 172 (Adj. Sess.), § 3; 2009, No. 156 (Adj. Sess.), § I.9; 2015, No. 172 (Adj. Sess.), § E.304; 2017, No. 210 (Adj. Sess.), § 13, eff. June 1, 2018; 2019, No. 131 (Adj. Sess.), § 4; 2023, No. 113 (Adj. Sess.), § C.104, eff. May 23, 2024.)
§ 3092. Repealed. 1989, No. 221 (Adj. Sess.), § 21(a)(1), eff. Oct. 1, 1990.
§ 3092a. Appeals from Divisions of Vocational Rehabilitation, Blind and Visually Impaired
(a) Notwithstanding the provisions of subsection 3091(a) of this title relating to fair hearings before the Human Services Board, appeals concerning benefits
or services under the Rehabilitation Act of 1973 as amended shall be to the Director
of the Division of Vocational Rehabilitation or the Division for the Blind and Visually
Impaired, as appropriate, rather than the Human Services Board so long as federal
law requires that final decisions be made by the Director of that Division.
(b) Prior to making a final decision, the Director shall hold a hearing to give the applicant
an opportunity to be heard and to present evidence.
(c) When federal law no longer requires that final decisions be made by the Director of
that Division, such appeals shall be to the Human Services Board as provided in subsection 3091(a) of this title unless federal law requires another method for hearing appeals. (Added 1985, No. 117 (Adj. Sess.), eff. April 16, 1986; amended 1989, No. 219 (Adj. Sess.), § 2.)
§ 3093. Repealed. 1995, No. 178 (Adj. Sess.), § 307.
§ 3094. Office of Child Support
(a) The Office of Child Support is created within the Department for Children and Families
and shall be designated the IV-D agency for purposes of Title IV-D of the federal
Social Security Act.
(b) The Office shall be headed by a Director, who shall be appointed by the Secretary
of Human Services subject to section 3054 of this title. (Added 1989, No. 221 (Adj. Sess.), § 12; amended 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 9.)
§ 3095. Repealed. 2003, No. 121 (Adj. Sess.), § 81, eff. June 8, 2004.
§ 3096. Repealed. 2001, No. 135 (Adj. Sess.), § 22, eff. July 1, 2005.
§ 3097. State Youth Council
(a) Creation. There is created within the Department of Health the State Youth Council (Council)
to advise the Governor and the General Assembly on issues affecting young persons
in Vermont.
(b) Membership. The Council shall be composed of not more than 28 Vermont resident youths between
11 and 18 years of age at the time of appointment. The interagency workgroup Youth
Services Advisory Council shall appoint members from an applicant pool with a focus
on prioritizing diversity and inclusion, including characteristics such as county
of residence, gender identity, racial identity, disabilities, age, and other characteristics
identified by the applicants. The Youth Services Advisory Council shall appoint a
minimum of one resident youth from each State county.
(1) The Department of Health shall assist the Youth Services Advisory Council in notifying
the public regarding the opportunity for youths to serve on the Council, and the Youth
Services Advisory Council shall accept applications for service on the Council. The
application process should emphasize the need for diverse, qualified candidates. A
successful candidate must demonstrate:
(A) a commitment to inclusion and the youths of the State; and
(B) the ability to work with others and listen to others.
(2) The Youth Services Advisory Council shall appoint members to the Council for three-year
staggered terms and shall strive to appoint Council members who represent a variety
of youths in the State. The Youth Services Advisory Council shall consult with members
of youth advocacy groups concerning initial appointments to establish the Council
and then shall consult with the Council regarding appointments for all subsequent
terms.
(3) The Council shall elect a chair from among its members.
(4) The Council shall establish an Executive Committee, ad hoc committees as needed, and
the following standing committees:
(A) the Youth Voice Committee;
(B) the Education Committee;
(C) the Equity and Anti-Racism Committee;
(D) the Climate Change Committee; and
(E) the Youth Mental Health Committee.
(c) Powers and duties.
(1) The Council may:
(A) meet at least one time per month;
(B) hold up to four public hearings annually in order to take testimony on issues affecting
Vermont youths;
(C) gather input from Vermont youths through surveys or polls; and
(D) evaluate the State’s progress in reaching the population-level outcomes set forth
in section 2311 of this title and recommend to the Joint Committee on Government Accountability any revisions to
the population-level indicators for those outcomes the Council finds necessary to
better reflect data that impacts Vermont youths.
(2) The Council shall provide advice to the Governor and the General Assembly on policy
changes necessary to improve the lives of Vermont youths.
(A) The Governor shall meet annually with the Council to hear and receive the Council’s
advice and recommendations on policies that impact the youths of Vermont.
(B) The Council shall annually report its advice and recommendations to the House Committee
on Government Operations and Military Affairs and the Senate Committee on Government
Operations and to any other standing committees it deems appropriate. The report may
be in verbal form.
(C) The Council shall annually report its advice and recommendations to the House Committee
on Government Operations and Military Affairs and the Senate Committee on Government
Operations and to any other standing committees it deems appropriate on the preservation
of Vermont’s traditions and the future of Vermont’s rural character, activities, and
professions.
(D) The Council shall annually report its advice and recommendations to the House Committee
on Government Operations and Military Affairs and the Senate Committee on Government
Operations and to any other standing committees it deems appropriate on the participation
of young persons in Vermont’s economy and keeping young Vermonters in the State.
(d) Assistance. The Council shall have the administrative, technical, and legal assistance of the
Department of Health to assist with Council-directed activities, including:
(1) assisting with meeting scheduling and logistical support;
(2) providing information technology support; and
(3) providing any technology or technological devices necessary for the Council to perform
its duties.
(e) Support. The Council shall also have support from the Youth Services Advisory Council.
(f) Attending meetings.
(1) Members of the Council may attend Council meetings by electronic or other means without
being physically present at a designated meeting location as permitted under 1 V.S.A. § 312(a)(2).
(2) The General Assembly finds that such virtual meeting attendance is particularly expedient
for Council members from remote areas of the State to participate in meetings, but
also encourages Council members to be physically present at meeting locations when
possible due to the importance of in-person interaction.
(g) Compensation and reimbursement. Members of the Council shall be entitled to per diem compensation and reimbursement
of expenses as permitted under 32 V.S.A. § 1010 for not more than 16 meetings per calendar year. For purposes of this subsection,
“meetings” includes public hearings. These payments shall be made from monies appropriated
to the Department of Health. (Added 2021, No. 109 (Adj. Sess.), § 2, eff. May 11, 2022; amended 2023, No. 6, § 7, eff. July 1, 2023.)