Notices for Week of: December 31, 2009
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).
Rule Changes to Medicaid, VHAP, Premium Assistance, and Pharmacy Programs
Vermont Proposed Rule: 09P051
AGENCY: Dept. for Children and Families (DCF)
CONCISE SUMMARY: Children born to mothers on Medicaid will qualify as citizens and will be eligible for Medicaid coverage for twelve months from birth. Note: The Joint fiscal Committee, on August 18, 2009, voted to eliminate funding and authorization for the following two provisions, and their future is uncertain. Self employed individuals who lose non group insurance will not be subject to the 12 month "lockout" for VHAP and premium assistance. Depreciation will be allowed as a business expense for such individuals. These changes will take effect upon approval by the Centers for Medicare and Medicaid Services (CMS) to the Global Commitment for Health Medicaid Section 1115 waiver, but in no event before February 1, 2010. Individuals who, because of medical incapacity, lose VHAP coverage for failure to pay a regular premium will be eligible for VHAP retroactively to avoid a gap in coverage. Other technical changes and corrections.
TYPE OF PERSONS AFFECTED: People - self employed people applying for VHAP or premium assistance; newborns to mothers on Medicaid; individuals who, because of medical incapacity, lose VHAP coverage because they failed to pay a regularly scheduled premium. Enterprises - no effects anticipated. Government entities -Agency of Human Services, Department for Children and Families.
COST BENEFIT ANALYSIS: The Joint Fiscal Office provided estimates of the impacts of changes regarding depreciation and self employed individuals in submissions to the legislature as follows:
- Self employed individuals: FY 2010 (partial implementation: $74,000 total, state share $30,000; FY 2011: $450,000 total, state share, $189,000.
- Depreciation: FY 2010 (partial implementation ):$124,000 total, state share, $51,000; FY 2011: $1,140,000 total, state share, $477,000.
- We anticipate that the impacts of changes involving newborns born to mothers on Medicaid and the impact of providing retroactive VHAP-limited
coverage for individuals who, because of medical incapacity, lose VHAP coverage because they failed to pay a regularly scheduled premium, will be negligible.
SCHEDULED HEARINGS: January 18, 2010 at 1:00 p.m. in the DCF Commissioner's Conference Room 5 North, State Office Complex, Waterbury Vermont.
DEADLINE FOR PUBLIC COMMENT: January 25, 2010
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: Stephen B. Sease, Esq., Health Care Policy Analyst (802)241-2933; steve.sease@ahs.state.vt.us; DCF, 103 South Main Street, Waterbury, VT 05671-1201 Fax: (802)241-2235.
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Prohibition / Restriction of Bidding on Future State Construction Projects
Vermont Proposed Rule: 09P052
AGENCY: Agency of Administration & Agency of Transportation
CONCISE SUMMARY: The rule will allow the Agency of Transportation (AOT) and the Department of Buildings and General Services (BGS) to prohibit or restrict contractors from bidding on future state construction contracts for a period of time after a classification or miscoding violation.
TYPE OF PERSONS AFFECTED: The Agency of Administration, The Department of Buildings and General Services, The Agency of Transportation, The Department of Banking, Insurance, Securities and Health Care Administration (BISHCA), and Contractors seeking to bid state construction projects.
COST BENEFIT ANALYSIS: Economic impact of this rule is difficult to quantify. Implementation of the rule will increase administration time for the Agencies of Administration and Transportation as well as BGS and BISHCA. BISHCA will be required to send a copy of violators' names to AOT and BGS. BGS and AOT will be required to review violators and screen all projects at the bidding stage for involvement by restricted or prohibited contractors. Impact on contractors is difficult to quantify because there is no guarantee that the affected contractor would have been selected if the contractor had not been restricted or prohibited by the rule. Potential impact to contractor is loss of business opportunity. There will be additional administrative costs to contractors to comply with additional requests for information in AOT's prequalification process and in BGS' contracting process.
SCHEDULED HEARINGS: January 19, 2010 2:00-4:30 BGS Conference Room-Basement, 133 State Street, Montpelier, VT.
DEADLINE FOR PUBLIC COMMENT: January 28, 2010
FOR FURTHER INFORMATION, CONTACT: Jeff W. Lively, BGS Counsel, 2 Governor Aiken Ave., Montpelier, VT 05633-5801
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Regulation of Sexual Assault Nurse Examiners (SANE)
Vermont Proposed Rule: 09P053
AGENCY: Vermont Sexual Assault Nurse Examiner (SANE) Board
CONCISE SUMMARY: This rule regulates the Vermont SANE Program including: certification and re-certification of SANEs; coordination of training and continuing education; consultation to SANEs and hospitals; development of standardized sexual assault protocols and evidence collection kits; monitoring for compliance with standards of practice; referral of complaints for investigation; appeals; and promotion of a multidisciplinary team approach to services for victims of sexual assault.
TYPE OF PERSONS AFFECTED: Sexual assault nurse examiners; pediatric and adult victims of sexual assault; hospital emergency departments; Vermont Board of Nursing; Vermont Department for Children and Families; child advocacy organizations; domestic violence and sexual assault organizations; Office of Vermont Attorney General; Vermont State's Attorneys, Vermont Forensic Laboratory; Vermont Nurses Association; Vermont Hospital Association; pediatricians; emergency room physicians.
COST BENEFIT ANALYSIS: The economic impact of this rule is minimal. Training and continuing education requirements for SANEs existed prior to this rule, and training to satisfy these requirements will continue to be offered at no cost. The Vermont legislature has authorized the Vermont Center for Crime Victim Services to use state and federal funds to support staff costs for the SANE program.
SCHEDULED HEARINGS: None
DEADLINE FOR PUBLIC COMMENT: January 21, 2009
FOR FURTHER INFORMATION, CONTACT: Emily Blistein, SANE Program Administrator PO Box 405 Montpelier, VT 05601 (802)223-1302 karents@vtnetwork.org.
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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
This page was last updated on: 2009-12-23.
