Vermont Statutes Title 33 Sec. 7211
Terms Used In Vermont Statutes Title 33 Sec. 7211
- Facility: means a residential care home, nursing home, assisted living residence, home for persons who are terminally ill, or therapeutic community residence licensed or required to be licensed pursuant to the provisions of this chapter. See
- Licensee: means any person, other than a receiver appointed under this chapter, which is licensed or required to be licensed to operate a facility. See
- Owner: means the holder of the title to the property on or in which the facility is maintained. See
§ 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.)