2015 Vermont Statutes
Title 33 - Human Services
Chapter 71 - Regulation Of Long-term Care Facilities
Subchapter 3: RECEIVERSHIP PROCEEDINGS
§ 7211 Limitations; closure of the facility
§ 7211. Limitations; closure of the facility
(a) The receiver may 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 may 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.)
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