2005 Vermont Code - § 6302. — Definitions

§ 6302. Home care services program

(a) The secretary shall establish and implement a program for the provision of home care services to assist persons to avoid institutional care and also to meet the requirements of any waiver granted the state under the Medicaid Home and Community-Based Services Program, 42 U.S.C. § 1396n. The secretary shall, by rule, establish procedures for:

(1) development of home care services to ensure the availability of a minimum set of home care services to Vermonters;

(2) development of home care districts to ensure the availability and efficiency of minimum service sets in all areas of the state;

(3) provision of mechanisms for funding of home care services not otherwise reimbursable by fees or local funds;

(4) improved coordination of home care services with other related services rendered by state or local agencies;

(5) establishment of standards to evaluate the utilization and quality of services rendered;

(6) development of a minimum data set on home care services.

(b) The secretary shall establish procedures to consult with home health agencies, professional associations and societies, and other interested parties in matters affecting the development and implementation of home care policies.

(c) The secretary may contract with or otherwise make payment to home health agencies for the provision of home care services, not otherwise eligible for reimbursement by state or local funds or third party payments, which are necessary to provide appropriate care for people to maintain them in their own home or other noninstitutional setting. Funds expended under this section shall be allocated as necessary to:

(1) meet the requirements of any waiver granted the state under the Medicaid Home and Community-Based Services Program, 42 U.S.C.A. § 1396n;

(2) address, within the limits of available resources, the need for home care services in all areas of the state; and

(3) assure that home care services are provided in a cost-efficient manner.

(d) The secretary shall require, as a condition of receipt of funds under subsection (c) of this section, that home health agencies maintain community-based voluntary governing boards and demonstrate a reasonable effort to secure town or local funds for the provision of services, and to secure private payment for services from patients with ability to pay.

(e) The secretary shall promulgate rules, pursuant to chapter 25 of Title 3, for the effective administration of this section. Such rules shall include but shall not be limited to eligibility standards and fee schedules for services to be furnished under this chapter, standards for awarding contracts and making allocations under subsection (c), and minimum levels of services to be provided under this chapter. (Amended 1985, No. 129 (Adj. Sess.), § 3.)