The Vermont Statutes Online

Title 3: Executive

Chapter 053: Human Services

• 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  (1)-(17) [Repealed.]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  (19), (20) [Repealed.]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 which 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.)

• 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 which 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

  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. (Added 2017, No. 85, § E.300.2, eff. June 28, 2017.)

• § 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.)

• Subchapter 003: Commissioners and Directors

• § 3051. Commissioners; deputy commissioners; appointment; term

  (a) The Secretary, with the approval of the Governor, shall appoint a commissioner of each department, who shall be the chief executive and administrative officer and shall serve at the pleasure of the Secretary.

  (b) For the Department of Health, the Secretary, with the approval of the Governor, shall appoint deputy commissioners for the following divisions of the Department:

  (1) Public Health;

  (2) Substance Abuse.

  (c) For the Department for Children and Families, the Secretary, with the approval of the Governor, shall appoint deputy commissioners for the following divisions of the Department:

  (1) Economic Services;

  (2) Child Development;

  (3) Family Services.

  (d) For the Department of Vermont Health Access, the Secretary, with the approval of the Governor, shall appoint deputy commissioners for the following divisions of the Department:

  (1) Medicaid Health Services and Managed Care;

  (2) Medicaid Policy, Fiscal, and Support Services;

  (3) Health Care Reform;

  (4) Vermont Health Benefit Exchange.

  (e) Deputy commissioners shall be exempt from the classified service. Their appointments shall be in writing and shall be filed in the Office of the Secretary of State. (Added 1969, No. 272 (Adj. Sess.), § 5(a), eff. Jan. 10, 1971; amended 2003, No. 122 (Adj. Sess.), § 106a; 2005, No. 45, § 3; 2007, No. 15, § 3; 2007, No. 172 (Adj. Sess.), § 1; 2011, No. 63, § E.306.1.)

• § 3052. Mandatory duties

  (a) The commissioner shall determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration.

  (b) In addition to other duties imposed by law, the commissioner shall:

  (1) administer the laws assigned to the department;

  (2) coordinate and integrate the work of the divisions;

  (3) supervise and control all staff functions. (Added 1969, No. 272 (Adj. Sess.), § 5(b), (c), eff. Jan. 10, 1971.)

• § 3053. Permissive duties; approval of Secretary

  The commissioner may, with the approval of the Secretary:

  (1) Transfer appropriations or parts thereof within or between divisions, consistent with the purposes for which the appropriation was made.

  (2) Transfer classified positions within or between divisions subject only to State personnel laws and regulations.

  (3) Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department.

  (4) Submit plans and reports, and in other respects comply with federal law and regulations which pertain to programs administered by the department.

  (5) Make regulations consistent with law for the internal administration of the department and its programs.

  (6) Appoint a deputy commissioner.

  (7) Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding that of the commissioner.

  (8) Provide training and instructions for any employees of the department, at the expense of the department, in educational institutions or other places.

  (9) Organize, reorganize, transfer, or abolish divisions, staff functions or sections within the department. This authority shall not extend to divisions or other bodies created by law. (Added 1969, No. 272 (Adj. Sess.), § 5(d), eff. Jan. 10, 1971.)

• § 3054. Directors

  (a) A director shall administer each division within the Agency. The commissioners, with the approval of the Secretary, shall appoint the directors for divisions which are part of a department, and the Secretary shall appoint any other directors. All directors shall be appointed subject to the provisions of section 14 of this act.

  (b) Each division and its officers shall be under the direction and control of the appointing authority except with regard to judicial or quasi-judicial acts or duties vested in them by law.

  (c) No rule or regulation may be issued by a director of a division without the approval of the appointing authority. (Added 1969, No. 272 (Adj. Sess.), § 6(a), (c), (d), eff. Jan. 10, 1971.)

• 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 multi-year plans and long-range plans and programs to meet problems and opportunities for service to the public;

  (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 Department for Children and Families, of Vermont Health Access, of Disabilities, Aging, and Independent Living, or of Mental Health, or an applicant for a license from one of those departments, 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 his or her 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 his or her receipt of assistance, benefits, or services, or license or license application; or because the individual is aggrieved by Agency policy as it affects his or her 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.)

• § 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.

• [Repealed effective February 1, 2026.]

  § 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; repealed on February 1, 2026 by 2021, No. 109 (Adj. Sess.), § 4; amended 2023, No. 6, § 7, eff. July 1, 2023.)