Notices for Week of: October 30, 2008
PROPOSED STATE RULES
By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible
To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).
Powerball Rule Changes Effective January 4, 2009.
Vermont Proposed Rule: 08P037
AGENCY: Vermont Lottery Commission
CONCISE SUMMARY: The effects of the rule changes are as follows:
- To increase the average jackpot size, the white ball matrix is changed from five (5) out of fifty-five (55) numbers to five (5) out of fifty-nine (59) numbers and the red ball matrix is changed from one (1) out of forty-two (42) numbers to one (1) out of thirty-nine (39) numbers. This changes the jackpot odds to 1 in 195.2 million. The current game has jackpot odds of 1 in 146.1 million. The overall odds of winning a cash prize will change to 1 in 35.11 currently 1 in 36.61.
- The starting jackpot to $15 million is changed to $20 million and will increase by no less than $5 million.
- The Power Play multiplier for the Match 5 Prize (5+0) will be fixed at a minimum of 5X - forcing the prize to a minimum $1 million for all Match 5 winners who have also purchased the Power Play option for the winning play.
- Subscriptions for Powerball will now be allowed.
TYPE OF PERSONS AFFECTED: The affected parties include Lottery Players, licensed retailer agents, Vermont Lottery Commission, and the State of Vermont Education Fund.
COST BENEFIT ANALYSIS: The economic impact is that the Vermont Lottery Commission would contribute significantly more money each year to the Vermont Education Fund. An increase in the overall jackpots and the offering of subscriptions is expected to increase sales for Powerball and therefore the contribution to the Education Fund.
SCHEDULED HEARINGS: November 17, 2008, 9 AM, Vermont Lottery Headquarters, 1311 US Route 302, Barre, VT 05641.
DEADLINE FOR PUBLIC COMMENT: November 24, 2008.
FOR FURTHER INFORMATION, CONTACT: Mary A. Cassani, Vermont Lottery Commission 1311 US Route 302, Suite 100, Barre, VT 05641 (802)479-5686.
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Choices for Care 1115 Long-Term Care Medicaid Waiver Regulations
Vermont Proposed Rule: 08P038
AGENCY: Human Services, Dept. of Disabilities, Aging and Independent Living (DAIL)
CONCISE SUMMARY: The rule will reduce Instrumental Activities of Daily Living (IADL) services, such as laundry, housekeeping, shopping, money management or telephone use, by one hour per week for every participant, reducing the maximum permitted under the regulations from 5.5 to 4.5. The initial (FY 2009) savings expected from this change is $500,000, with no reduction in the essential services participants receive, such as assistance with bathing, eating, transferring, dressing and toileting.
TYPE OF PERSONS AFFECTED: All choices for Care participants who receive IADL services; the Department of Disabilities, Aging and Independent Living; Agency of Human Services Office of Vermont Health Access; all home health agencies; Area Agency on Aging case managers; ARIS payroll service; and caregivers employed directly by CFC participants. The rule change will have no impact on greenhouse gases.
COST BENEFIT ANALYSIS: Although Choices for Care participants who receive IADL services will be affected by having their IADL hours reduced by 1 hour per week, the reduction will have only a slight economic impact on agencies and independently employed care givers. The Department of Disabilities, Aging and Independent Living, Agency of Human Services, and the Office of the Vermont Health Access will realize a General Fund savings of $5000,000 with a minimal, one-time cost for providing notice to all participants of the change in their service hours; all home health agencies will be providing and billing or 1 fewer hour of service for each participant each week. Area Agency on Aging case managers may need to provide additional assistance and information to participants, although on a one-time cost for changing care plans.
SCHEDULED HEARINGS: November 17, 2008, 10:30 - 12:00 p.m., Stanley Hall, Room 100, Waterbury State Office Complex, 103 South Main Street, Waterbury, VT 05671-1601
DEADLINE FOR PUBLIC COMMENT: November 24, 2008.
FOR FURTHER INFORMATION, CONTACT: Joan K. Senecal, Commissioner, Department of Disabilities, Aging and Independent Living 103 South Main Street Waterbury, VT 05671-1601 802-241-2401
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Attendant Services Program Regulations
Vermont Proposed Rule: 08P039
AGENCY: Human Services, Dept. of Disabilities, Aging and Independent Living (DAIL)
CONCISE SUMMARY: There are three sources of funds for the three sub-programs within the Attendant Services Program. Each sub-program has different eligibility criteria: General Fund Personal Services, General Fund Participant-Directed Attendant Care (PDAC), and Medicaid Participant-Directed Attendant Care (Medicaid PDAC). Approximately 10 to 12 participants currently enrolled in the State General Fund sub-programs also are eligible for Medicaid PDAC or for Choices for Care, the 1115 Long-Term Care Medicaid Waiver program. If these participants are assisted with switching programs and enrolling in one of the Medicaid programs, it will save the State General Fund dollars and for those eligible for the Choices for Care program, increase the menu of personal care services offered to the participants. An amendment to the current regulations is necessary to affect this change.
TYPE OF PERSONS AFFECTED: All Medicaid-eligible applicants and participants in the General Fund (GF) part of the Attendant Services Programs; the Department of Disabilities, Aging and Independent Living; the Agency of Human Services; Office of Vermont Health Access; ARIS payroll service. The rule change will have no impact on greenhouse gases.
COST BENEFIT ANALYSIS: There will be no cost to the Medicaid-eligible applicants and participants of the GF funded part of the Attendant Services Programs, and some will benefit from enhanced services that are available in the Choices for Care program. Many current participants and care givers will be required to file new employer/employee paperwork. The Department of Disabilities, Aging and Independent Living, the Agency of Human Services, and the Office of Vermont Health Access will realize a savings of approximately $100,000 in General Fund, with a small, one-time expense for providing notice to participants. There will be an overall benefit to the State from saving money without cutting programs or services. The ARIS payroll service will have minimal costs--a one-time administrative cost related to adjusted plans of care.
SCHEDULED HEARINGS: November 17, 2008, 9-10:30 a.m., Stanley Hall, Room 100, Waterbury State Office Complex, 103 South Main Street, Waterbury, VT 05671-1601
DEADLINE FOR PUBLIC COMMENT: November 24, 2008.
FOR FURTHER INFORMATION, CONTACT: Joan Senecal, Commissioner, Department of Disabilities, Aging and Independent Living 103 South Main Street, Waterbury, VT 05671-1601 (802)-241-2401.
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Changes to Reach Up and Creation of Reach Ahead
Vermont Proposed Rule: 08P040
AGENCY: Dept. for Children and Families (DCF)
CONCISE SUMMARY: This rule establishes Reach Ahead, Vermont's food assistance and workers' support program for Reach Up leavers, as authorized by 33 V.S.A. § 1121. It also proposes changes in Reach Up eligibility rules to make them consistent with federal law on eligibility for aliens. It changes services component rules to align them with final Temporary Assistance for Needy Families Block Grant (TANF) rules and to expand flexibility for sanction meetings, work requirements, and separate state programs. It proposes to make the Postsecondary Education Program (PSE) rule on notice and appeal consistent with Reach Up rules.
TYPE OF PERSONS AFFECTED: Low income families applying for and participating in Reach Up financial assistance and services program and the Postsecondary Education Program; district staff and information technology staff in the economic services division of the Vermont Department for Children and Families; contracted case managers in the Vermont Department of Labor, Parent Child Centers, Vermont State Colleges, and Vocational Rehabilitation Division of the Department of Disabilities, Aging, and Independent Living; Office of Child Support; Child Development Division of the Department for Children and Families.
COST BENEFIT ANALYSIS: Reach Up and PSE leavers with earned income will receive a benefit (Reach Ahead) that they can use to purchase food, in addition to any other food assistance benefit for which they may qualify. The Reach Ahead benefit will not count as income or reduce any needs-based benefit they receive. For State Fiscal Year 2009, the legislature appropriated $50,000 for Reach Ahead. For the next two state fiscal years the projected cost of the program is approximately $675,000 and $808,000, respectively. That program is expected to provide an increase in Vermont's TANF work participation rate of about 6-11 percent, a substantial contribution to Vermont avoiding fiscal penalties. There is little to no anticipated economic impact from changes to Reach Up eligibility proposed in this rule. The changes to the services component of Reach Up rules include strategies designed to avoid or minimize potential federal fiscal penalties to Vermont's TANF block grant.
SCHEDULED HEARINGS: On Monday, November 17, 2008 at 1:00 p.m., in the DCF Commissioner's Conference Room, 5 North, State Office Complex, Waterbury, Vermont.
DEADLINE FOR PUBLIC COMMENT: November 24, 2008.
FOR FURTHER INFORMATION, CONTACT:
For copies of the rule: http://dcf.vermont.gov/esd/rules or contact Afsar Sultana, (802) 241-3525; afsar.sultana@ahs.state.vt.us;
For other questions about the rule: Paula J. Gottwik, Esq., Senior Policy and Regulatory Attorney-Analyst, Phone: (802) 241-2887; email: paula.gottwik@ahs.state.vt.us Fax: (802) 241-3934; DCF, 103 South Main Street, Waterbury, VT 05671-1201.
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- If you have general questions about the rulemaking process, please contact
- Louise Corliss by e-mail at or by phone 802-828-2863
