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Terms Used In Vermont Statutes Title 18 Sec. 9446

  • Board: means the Green Mountain Care Board established in chapter 220 of this title. See
  • Commissioner: means the Commissioner of Financial Regulation or the Commissioner's designee. See
  • Health Resource Allocation Plan: means the plan published by the Green Mountain Care Board in accordance with subsection 9405(b) of this title. See
  • Home health agency: means a for-profit or nonprofit health care facility providing part-time or intermittent skilled nursing services and at least one of the following other therapeutic services made available on a visiting basis, in a place of residence used as a patient's home: physical, speech, or occupational therapy; medical social services; home health aide services; or other non-nursing therapeutic services, including the services of nutritionists, dieticians, psychologists, and licensed mental health counselors. See

§ 9446. Home health agencies; geographic service areas

The terms of a certificate of need relating to the boundaries of the geographic service area of a home health agency may be modified by the Board, in consultation with the Commissioner of Disabilities, Aging, and Independent Living, after notice and opportunity for hearing, or upon written application to the Board by the affected home health agencies or consumers, demonstrating a substantial need for the modification. Service area boundaries may be modified by the Board to take account of natural or physical barriers that may make the provision of existing services uneconomical or impractical, to prevent or minimize unnecessary duplication of services or facilities, or otherwise to promote the public interest. The Board shall issue an order granting such application only upon a finding that the granting of such application is consistent with the purposes of 33 Vt. Stat. Ann. chapter 63, subchapter 1A and the Health Resource Allocation Plan established under section 9405 of this title and after notice and an opportunity to participate on the record by all interested persons, including affected local governments. (Added 2005, No. 57, § 6, eff. June 13, 2005; amended 2011, No. 171 (Adj. Sess.), § 22, eff. Jan. 1, 2013; 2017, No. 167 (Adj. Sess.), § 6.)