§ 401. Composition of Department
The Department of Vermont Health Access, created under 3 V.S.A. § 3088, shall consist of the Commissioner of Vermont Health Access, the Medical Director,
and all divisions within the Department, including the Divisions of Managed Care;
Health Reform; the Vermont Health Benefit Exchange; and Medicaid Policy, Fiscal, and
Support Services. (Added 2009, No. 156 (Adj. Sess.), § I.79; amended 2011, No. 48, § 5; 2011, No. 171 (Adj. Sess.), § 36, eff. May 16, 2012.)
§ 402. Medicaid and Exchange Advisory Committee
(a) A Medicaid and Exchange Advisory Committee is created for the purpose of advising
the Commissioner of Vermont Health Access with respect to policy development and program
administration for the Vermont Health Benefit Exchange, Medicaid, and Medicaid-funded
programs, consistent with the requirements of federal law.
(b)(1) The Commissioner of Vermont Health Access shall appoint members of the Advisory Committee
established by this section, who shall serve staggered three-year terms. The total
membership of the Advisory Committee shall be at least 22 members. The Commissioner
may remove members of the Committee who fail to attend three consecutive meetings
and may appoint replacements. The Commissioner may reappoint members to serve more
than one term.
(2)(A) The Commissioner of Vermont Health Access shall appoint one representative of health
insurers licensed to do business in Vermont to serve on the Advisory Committee. The
Commissioner of Health shall also serve on the Advisory Committee.
(B) Of the remaining members of the Advisory Committee, one-quarter of the members shall
be from each of the following constituencies:
(i) beneficiaries of Medicaid or Medicaid-funded programs;
(ii) individuals, self-employed individuals, health insurance brokers and agents, and representatives
of businesses eligible for or enrolled in the Vermont Health Benefit Exchange;
(iii) advocates for consumer organizations; and
(iv) health care professionals and representatives from a broad range of health care professionals.
(3) Members whose participation is not supported through their employment or association
shall receive per diem compensation pursuant to 32 V.S.A. § 1010 and reimbursement of travel expenses. In addition, members who are eligible for Medicaid
or who are enrolled in a qualified health benefit plan in the Vermont Health Benefit
Exchange and whose income does not exceed 300 percent of the federal poverty level
shall also receive reimbursement of expenses, including costs of child care, personal
assistance services, and any other service necessary for participation in the Advisory
Committee and approved by the Commissioner.
(c)(1) The Advisory Committee shall have an opportunity to review and comment on Agency policy
initiatives pertaining to quality improvement initiatives and to health care benefits
and eligibility for individuals receiving services through Medicaid, programs funded
with Medicaid funds under a Section 1115 waiver, or the Vermont Health Benefit Exchange.
It also shall have the opportunity to comment on proposed rules prior to commencement
of the rulemaking process pursuant to 3 V.S.A. chapter 25 and on waiver or waiver
amendment applications prior to submission to the Centers for Medicare and Medicaid
Services.
(2) Prior to the annual budget development process, the Department of Vermont Health Access
shall engage the Advisory Committee in setting priorities, including consideration
of scope of benefits, beneficiary eligibility, health care professional reimbursement
rates, funding outlook, financing options, and possible budget recommendations.
(d)(1) The Advisory Committee shall make policy recommendations on proposals of the Department
of Vermont Health Access to the Department, the Green Mountain Care Board, the Health
Reform Oversight Committee, the Senate Committee on Health and Welfare, and the House
Committees on Health Care and on Human Services. When the General Assembly is not
in session, the Commissioner shall respond in writing to these recommendations, a
copy of which shall be provided to the members of each of the legislative committees
of jurisdiction and to the Green Mountain Care Board.
(2) During the legislative session, the Commissioner shall provide the Advisory Committee
at regularly scheduled meetings with updates on the status of policy and budget proposals.
(e) The Commissioner shall convene the Advisory Committee at least 10 times during each
calendar year. If at least one-third of the members of the Advisory Committee so choose,
the members may convene up to four additional meetings per calendar year on their
own initiative by sending a request to the Commissioner. The Department shall provide
the Committee with staffing and independent technical assistance as needed to enable
it to make effective recommendations.
(f) A majority of the members of the Committee shall constitute a quorum, and all action
shall be taken upon a majority vote of the members present and voting. (Added 2011, No. 48, § 7, eff. July 1, 2012; amended 2011, No. 171 (Adj. Sess.), § 35b; 2021, No. 20, § 278.)
§ 403. Financial institutions to furnish information
(a) As used in this section:
(1) “Bank” shall have the same meaning as in 8 V.S.A. § 11101.
(2) “Broker-dealer” shall have the same meaning as in 9 V.S.A. § 5102.
(3) “Credit union” shall have the same meaning as in 8 V.S.A. § 30101.
(4) “Financial institution” means any financial services provider, including a bank, credit
union, broker-dealer, investment advisor, mutual fund, or investment company.
(5) “Investment advisor” shall have the same meaning as in 9 V.S.A. § 5102.
(6) “Mutual fund” shall have the same meaning as in 8 V.S.A. § 3461.
(b) A financial institution, when requested by the Commissioner of Vermont Health Access,
shall furnish to the Commissioner or to an agent of the Department of Vermont Health
Access information in the possession of the financial institution with reference to
any person or his or her spouse who is applying for or is receiving assistance or
benefits from the Department of Vermont Health Access. The Department of Vermont Health
Access shall issue instructions to the financial institution detailing the nature
of the request and the information necessary to satisfy the request.
(c) A financial institution shall not be subject to criminal or civil liability for actions
taken in accordance with subsection (b) of this section. (Added 2017, No. 210 (Adj. Sess.), § 6, eff. June 1, 2018.)
§ 404. State agencies to furnish information
(a) Any governmental official or agency in the State, when requested by the Department
of Vermont Health Access, shall furnish to the Department information in the official’s
or agency’s possession with reference to aid given or money paid or to be paid to
any person or person’s spouse who is applying for or is receiving assistance or benefits
from the Department of Vermont Health Access.
(b) The Commissioner of Taxes, when requested by the Commissioner of Vermont Health Access,
and unless otherwise prohibited by federal law, shall compare the information furnished
by an applicant or recipient of assistance with the State income tax returns filed
by such person and shall report his or her findings to the Commissioner of Vermont
Health Access. Each application for assistance shall contain a form of consent, executed
by the applicant, granting permission to the Commissioner of Taxes to disclose such
information to the Commissioner of Vermont Health Access.
(c) On the first day of each month, each unit of the Superior Court shall provide to the
Commissioner of Vermont Health Access a list of all estates, including testate, intestate,
and small estates, opened during the previous calendar month within the jurisdiction
of that unit’s Probate Division. The list shall contain the following information
for each estate:
(1) the decedent’s full name;
(2) the decedent’s date of birth;
(3) the decedent’s date of death;
(4) the docket number;
(5) the date on which the estate was opened; and
(6) the full name and contact information for the executor or administrator or his or
her legal representative. (Added 2017, No. 210 (Adj. Sess.), § 8, eff. June 1, 2018 (subsec. (c) eff. October 1, 2018).)