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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 33 : Human Services

Chapter 063 : HOME CARE PROGRAMS

Subchapter 001A : GENERAL PROVISIONS

(Cite as: 33 V.S.A. § 6303)
  • § 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.)