§ 6303. Home health services; local plans; board composition
(a) Consistent with the requirements of this section, the Commissioner of Disabilities,
Aging, and Independent Living shall adopt by rule minimum program standards for the
purpose of providing quality oversight of the home health agencies authorized to provide
home health services under this subchapter. The minimum program standards shall include
performance standards, quality measures, grievance and complaint procedures, patient
safety standards, consumer input mechanisms, accessibility standards, medical necessity
standards, and practices to ensure confidentiality of patient records. The rules shall
also include minimum program standards to ensure home health agencies do not discriminate
in the provision of services based on income, funding source, geographic status, or
severity of health needs and to ensure the attainment or continuance of universal
access to medically necessary home health services.
(b) Designated home health agencies shall engage in planning and needs assessment processes
as directed by State and federal law, which may include participating in the development
of the Health Resource Allocation Plan published pursuant to 18 V.S.A. § 9405 and the community health needs assessment conducted in accordance with 26 U.S.C. § 501(r)(3).
(c) On or before January 1, 2008, the board of each nonprofit designated home health agency
shall be representative of the demographic makeup of the area or areas served by the
agency or by the health care facility governed by the board. A majority of the members
of the board shall be composed of individuals who have received or currently are receiving
services from the agency or from the health care facility governed by the board and
family members of individuals who have received or currently are receiving such services.
The board president shall survey board members annually and certify to the Commissioner
that the composition of the board meets the requirements of this subsection. The composition
of the board shall also be confirmed by the agency’s annual independent audit. The
board shall have overall responsibility and control of the planning and operation
of the home health agency, including development of the local community services plan.
(d) On or before January 1, 2008, each for-profit designated home health agency shall
have an advisory board, which shall be representative of the demographic makeup of
the area or areas served by the agency. A majority of the members of the advisory
board shall be composed of individuals who have received or currently are receiving
services from the agency and family members of individuals who have received or currently
are receiving such services. The advisory board president shall survey board members
annually and certify to the Commissioner that the composition of the board meets the
requirements of this subsection. The composition of the board shall also be confirmed
by the agency’s annual independent audit. The advisory board shall meet at least twice
per year and shall advise the agency’s board of directors with respect to planning
and operation of the home health agency, patient needs, and development of the local
community services plan.
(e) [Repealed.] (Added 2005, No. 57, § 8, eff. June 13, 2005; amended 2009, No. 33, § 83; 2015, No. 11, § 38; 2019, No. 156 (Adj. Sess.), § 7a, eff. Oct. 5, 2020.)