The Vermont Statutes Online

Title 33 : Human Services

Chapter 071 : Regulation of Long-Term Care Facilities

Subchapter 001 : General Provisions

• § 7102. Definitions

  As used in this chapter:

  (1) “Assisted living residence” means a program that combines housing, health, and supportive services for the support of resident independence and aging in place. Within a homelike setting, assisted living units offer, at a minimum, a private bedroom, private bath, living space, kitchen capacity, and a lockable door. Assisted living promotes resident self-direction and active participation in decision making while emphasizing individuality, privacy, and dignity.

  (2) “Facility” means a residential care home, nursing home, assisted living residence, home for persons who are terminally ill, or therapeutic community residence licensed or required to be licensed pursuant to the provisions of this chapter.

  (3) “Home for persons who are terminally ill” means a place providing services specifically for three or more people who are dying, including room, board, personal care, and other assistance for the residents’ emotional, spiritual, and physical well-being.

  (4) “Licensee” means any person, other than a receiver appointed under this chapter, which is licensed or required to be licensed to operate a facility.

  (5) “Licensing agency” means the Agency of Human Services or the department or division within the Agency as the Secretary of Human Services may designate.

  (6) “Nursing care” means the performance of services necessary in caring for persons who are sick or injured that require specialized knowledge, judgment, and skill and meet the standards of nursing as defined in 26 V.S.A. § 1572.

  (7) “Nursing home” means an institution or distinct part of an institution that is primarily engaged in providing to its residents any of the following:

  (A) skilled nursing care and related services for residents who require medical or nursing care;

  (B) rehabilitation services for the rehabilitation of persons who are injured, have a disability, or are sick; or

  (C) on a 24-hour basis, health-related care and services to individuals who, because of their mental or physical condition, require care and services that can be made available to them only through institutional care.

  (8) “Owner” means the holder of the title to the property on or in which the facility is maintained.

  (9) “Resident” means any person who lives in and receives services or care in a facility.

  (10) “Residential care home” means a place, however named, excluding a licensed foster home, that provides, for profit or otherwise, room, board, and personal care to three or more residents unrelated to the home operator. Residential care homes shall be divided into two groups, depending upon the level of care they provide, as follows:

  (A) Level III, which provides personal care, defined as assistance with meals, dressing, movement, bathing, grooming, or other personal needs, or general supervision of physical or mental well-being, including nursing overview and medication management as defined by the licensing agency by rule, but not full-time nursing care; and

  (B) Level IV, which provides personal care, as described in subdivision (A) of this subdivision (10), or general supervision of the physical or mental well-being of residents, including medication management as defined by the licensing agency by rule, but not other nursing care.

  (11) “Therapeutic community residence” means a place, however named, excluding hospitals as defined by statute, that provides, for profit or otherwise, transitional individualized treatment to three or more residents with major life adjustment problems, such as a substance use disorder, psychiatric disability, or delinquency.

  (12) “Insolvent” means:

  (A) having generally ceased to pay debts in the ordinary course of business other than as a result of bona fide dispute;

  (B) being unable to pay debts as they become due; or

  (C) being insolvent within the meaning of federal bankruptcy law. (Amended 1959, No. 27, §§ 1-3; 1965, No. 68, § 1; 1973, No. 153 (Adj. Sess.), § 1; 1975, No. 221 (Adj. Sess.), § 1; 1981, No. 99, § 1; 1983, No. 176 (Adj. Sess.), §§ 1, 2; 1985, No. 151 (Adj. Sess.), § 1; 1991, No. 208 (Adj. Sess.), § 1, eff. May 27, 1992; 1993, No. 114 (Adj. Sess.), § 1; 1997, No. 61, §§ 271b, 271c; 2009, No. 36, § 1; 2011, No. 79 (Adj. Sess.), § 32; 2011, No. 160 (Adj. Sess.), § 6, eff. May 17, 2012; 2013, No. 96 (Adj. Sess.), § 218; 2019, No. 118 (Adj. Sess.), § 1, eff. June 23, 2020; 2021, No. 20, § 351.)