Terms Used In Vermont Statutes > Title 33 > Chapter 19 - Medical Assistance

• Affiliate: means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See
• Agency: means the Agency of Human Services. See
• Allocable share: means allocable share as that term is defined in the Master Settlement Agreement. See
• Ambulance agency: means an ambulance agency licensed pursuant to 18 Vt. See
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assessment: means a tax levied on a health care provider pursuant to this chapter. See
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Brand family: means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including "menthol" "lights" "kings" and "100s" and includes a brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. See
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• cigarette: includes "roll-your-own" (any tobacco that, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). See
• Commissioner: means the Commissioner of Vermont Health Access. See
• Commissioner: means the Commissioner of Taxes. See
• Commissioner: means the Commissioner of Vermont Health Access. See
• Commissioner: means the Commissioner of Vermont Health Access. See
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dental hygienist: means an individual licensed to practice as a dental hygienist under 26 Vt. See
• Dental services: means preventive, diagnostic, or corrective procedures related to the teeth and associated structures of the oral cavity. See
• Dental therapist: means an individual licensed to practice as a dental therapist under 26 Vt. See
• Dentist: means an individual licensed to practice dentistry under 26 Vt. See
• Department: means the Department of Vermont Health Access. See
• Department: means the Department of Vermont Health Access. See
• Department: means the Department of Vermont Health Access. See
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Drug Utilization Review Board: means the Drug Utilization Review Board established in connection with the Medicaid program. See
• DVHA: means the Department of Vermont Health Access. See
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health benefit plan: means a health benefit plan with prescription drug coverage offered or administered by a health insurer, as defined by 18 V. See
• Health care provider: means any hospital, nursing home, intermediate care facility for people with intellectual disabilities, home health agency, or retail pharmacy. See
• Home health agency: means an entity that has received a certificate of need from the State to provide home health services or is certified to provide services pursuant to 42 U. See
• Home health services: means any of the following:

• Hospital: means a hospital licensed under 18 Vt. See
• Individual with disabilities: means an individual who is under age 65 and is entitled, under the Social Security Act, to disability insurance benefits or is eligible for Medicare. See
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insurer: means any insurance company, prepaid health care delivery plan, self-funded employee benefit plan, pension fund, hospital or medical service corporation, managed care organization, pharmacy benefit manager, prescription drug plan, retirement system, or similar entity that is under an obligation to make payments for medical services as a result of an injury, illness, or disease suffered by an individual. See
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Legally liable representative: means a parent or person with an obligation of support to a recipient whether by contract, court order, or statute. See
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Master Settlement Agreement: means the settlement agreement (and related documents) entered into on November 23, 1998 by the State and leading U. See
• Medicare Part D: means the prescription drug program established under the Medicare Prescription Drug, Improvement and Modernization Act of 2003, Pub. See
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• Net patient revenues: means a provider's gross charges related to patient care services less any deductions for bad debts, charity care, contractual allowances, and other payer discounts. See
• Nonparticipating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See
• Nursing home: means a health care facility licensed under chapter 71 of this title. See
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating health benefit plan: means a health benefit plan that has agreed to participate in one or more components of the Pharmacy Best Practices and Cost Control Program. See
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: means an individual, partnership, committee, association, corporation, or any other organization or group of persons. See
• Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
• Pharmaceutical: means a drug that may not be dispensed unless prescribed by a health care provider as defined by 18 V. See
• Pharmacy: means a Vermont drug outlet licensed by the Vermont State Board of Pharmacy pursuant to 26 Vt. See
• Pharmacy: means a retail or institutional drug outlet licensed by the Vermont State Board of Pharmacy pursuant to 26 Vt. See
• Pharmacy Best Practices and Cost Control Program: means the Pharmacy Best Practices and Cost Control Program established by this subchapter. See
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probate: Proving a will
• Provider: means any person who has entered into an agreement with the State to provide any medical service. See
• psychiatric facility: means a hospital as defined in 18 V. See
• Recipient: means any person or group of persons who receive Medicaid. See
• Released claims: means released claims as that term is defined in the Master Settlement Agreement. See
• Releasing parties: means releasing parties as that term is defined in the Master Settlement Agreement. See
• said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
• Secretary: means the Secretary of Human Services. See
• Secretary: means the Secretary of Human Services. See
• selectboard: as used in this chapter , shall include the mayor and board of aldermen of a city and the president and trustees of an incorporated village. See
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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
• State public assistance program: includes the Medicaid program, VPharm, the State Children's Health Insurance Program, the State of Vermont AIDS Medication Assistance Program, the General Assistance program, the Pharmacy Discount Plan Program, and the out-of-state counterparts to such programs. See
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Summons: Another word for subpoena used by the criminal justice system.
• Third party: means a person having an obligation to pay all or any portion of the medical expense incurred by a recipient at the time the medical service was provided. See
• Tobacco: means all products listed in 7 V. See
• Tobacco manufacturer: means any person engaged in the process of designing, fabricating, assembling, producing, constructing, or otherwise preparing a product containing tobacco, including packaging or labeling of these products, with the intended purpose of selling the product for gain or profit. See
• Tobacco product manufacturer: means an entity that, after May 12, 2000, directly (and not exclusively through any affiliate):

• town: shall mean village or city. See
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
• Units sold: means the number of individual cigarettes sold in the State by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the State on packs (or "roll-your-own" tobacco containers) bearing the excise tax stamp of the State. See
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Village: shall mean an incorporated village. See