The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
002
:
HEALTH CARE IMPROVEMENT PROGRAM
(Cite as: 33 V.S.A. § 1958)
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§ 1958. Appeals
(a) Any health care provider may submit a written request to the Department for reconsideration
of the determination of the assessment within 20 days of notice of the determination.
The request shall be accompanied by written materials setting forth the basis for
reconsideration. If requested, the Department shall hold a hearing within 90 days
from the date on which the reconsideration request was received. The Department shall
mail written notice of the date, time, and place of the hearing to the health care
provider at least 30 days before the date of the hearing. On the basis of the evidence
submitted to the Department or presented at the hearing, the Department shall reconsider
and may adjust the assessment. Within 20 days following the hearing, the Department
shall provide notice in writing to the health care provider of the final determination
of the amount it is required to pay based on any adjustments made by it. Proceedings
under this section are not subject to the requirements of 3 V.S.A. chapter 25.
(b) Upon request, the Commissioner shall enter into nonbinding arbitration with any health
care provider dissatisfied with the Department’s decision regarding the amount it
is required to pay. The arbitrator shall be selected by mutual consent, and compensation
shall be provided jointly.
(c) Any health care provider may appeal the decision of the Department as to the amount
it is required to pay either before or after arbitration, to the Superior Court having
jurisdiction over the health care provider. (Added 1991, No. 94, § 1; amended 1991, No. 253 (Adj. Sess.), § 8; 1993, No. 56, § 1, eff. June 3, 1993; 2005, No. 71, § 293; 2009, No. 156 (Adj. Sess.), § I.59; 2017, No. 210 (Adj. Sess.), § 4, eff. June 1, 2018.)