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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online have been updated to include the actions of the 2023 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.

Title 33 : Human Services

Chapter 071 : Regulation of Long-Term Care Facilities

Subchapter 004 : Receivership Proceedings

(Cite as: 33 V.S.A. § 7211)
  • § 7211. Limitations; closure of the facility

    (a) The receiver shall not close the facility without leave of the court.

    (b) The court shall consider the protection of residents and shall prevent the closure of facilities that, under proper management, are likely to be financially viable. This section shall not be construed as a method of financing major repair or capital improvements to facilities that have been allowed to deteriorate because the owner or licensee has been unable or unwilling to secure financing by conventional means.

    (c) In ruling on a motion to close the facility, the court shall consider:

    (1) the rights and best interests of the residents;

    (2) the availability of suitable alternative placements;

    (3) the rights, interest, and obligations of the owner and licensee;

    (4) the licensure status of the facility; and

    (5) the need for the facility in the geographic area.

    (d) When a facility is closed, the receiver shall provide for the orderly transfer of residents to mitigate trauma caused by the transfer to another facility. (Added 2009, No. 36, § 2; amended 2021, No. 20, § 361.)