Vermont Statutes Title 33 Sec. 6305
Terms Used In Vermont Statutes Title 33 Sec. 6305
- 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
- Home health services: means activities and functions of a home health agency, including nurses, home health aides, physical therapists, occupational therapists, speech therapists, medical social workers, or other non-nursing therapeutic services directly related to care, treatment, or diagnosis of patients in the home. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 6305. Review of access, cost, and quality issues; remediation process
(a) The Commissioner shall exercise such duties and responsibilities as shall be necessary for the implementation of this subchapter and for the active, ongoing supervision of the activities of the home health agencies under this subchapter.
(b) In a form and manner and at intervals prescribed by the Commissioner, the Commissioner shall collect and analyze data regarding access to and the cost and quality of home health services in Vermont. The data shall include information on complaints, waiting lists, numbers of individuals ineligible for services, numbers of individuals eligible for but not provided services, numbers of patients served under 65 years of age and 65 years of age and over, total number of visits and hours provided to patients by each of the existing home health agencies; the results of patient surveys conducted by the home health agencies; data pertaining to federal and State surveys; scoring by any national accrediting organization; charitable and subsidized programs and services for uninsured individuals or individuals with low income in their respective communities; copies of audited financial statements and annual cost reports; and any other quality measures or data deemed relevant by the Commissioner to monitor and evaluate access to and the cost and quality of home health services by the designated home health agencies.
(c) The Commissioner shall consider the data collected under subsection (b) of this section in undertaking active, ongoing supervision to monitor performance of the designated home health agencies with respect to access, cost, and quality of home health services.
(d) If the Commissioner determines that a home health agency has failed to comply with any performance standards established by the Commissioner related to access, cost, or quality issues in any area of the State, or has violated a rule or provision of this subchapter, the Commissioner may investigate and enforce the provisions of this subchapter pursuant to the authority and procedures conferred upon the Commissioner under chapter 71 of this title as if the home health agency were a nursing home, except that the Commissioner shall adopt by rule penalties specific to home health agencies. (Added 2005, No. 57, § 8, eff. June 13, 2005; amended 2015, No. 11, § 39; 2021, No. 20, § 337; 2021, No. 105 (Adj. Sess.), § 625, eff. July 1, 2022.)