Notices for Week of: OCTOBER 5, 2006
PROPOSED STATE RULES
By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible
To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).
Vermont Fire Service Training Council Rules and Policies.
Vermont Proposed Rule: 06P028
AGENCY: Public Safety
CONCISE SUMMARY: This rule governs the Vermont Fire Service Training Council and is being amended to conform to changes as a result of the merger of the fire academy into the division of fire safety (Act No. 8, 2005); separate training from certification; clarify that minimum full-time firefighter certification is Firefighter I; provide for certification for Firefighter I and II based on competency testing; and establish council procedures.
TYPE OF PERSONS AFFECTED: The Vermont Fire Service Training Council and the Vermont Fire Academy, which is a part of the Division of Fire Safety, as well as fire departments and all fire service people in Vermont will be affected by this rule.
COST BENEFIT ANALYSIS: This rule will have little to no financial impact as it is intended to address the procedures of the council, including how firefighters become certified to levels of qualification.
SCHEDULED HEARINGS: October 23, 2006 at 10:00 a.m. at the Division of Fire Safety headquarters located at 1311 U.S. Route 302 -- Berlin, Suite 600, Barre, VT 05641.
DEADLINE FOR PUBLIC COMMENT: October 30, 2006.
FOR FURTHER INFORMATION, CONTACT: Peter Kopsco, Staff Attorney, Vermont Division of Fire Safety 1311 U.S. Route 302 -- Berlin, Suite 600, Barre, VT 05641 802-479-7561.
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Workers' Compensation Vocational Rehabilitation Rules
Vermont Proposed Rule: 06P029
AGENCY: Dept. of Labor
CONCISE SUMMARY: Recent legislative enactments required the department to adopt V.R. rules for mandatory screening of any injured worker paid 90 consecutive days or more of temporary total disability benefits. It also directed the establishment of a fee schedule. The Workers'Compensation study committee also identified other problems with the V.R. process. This rule revision accomplished these purposes:
- 1. vocational rehabilitation rules were separated out from the other W.C. Rules and have been redrafted in an effort to provide more clarity.
- 2. A mandatory screening process is created and a fee schedule is established.
TYPE OF PERSONS AFFECTED: Employees and employers, insurance carriers and their agents, attorneys, vocational rehabilitation providers, and interest groups representing labor, business and insurance interests. Interested groups include the AFL/CIO, VSEA, VTLA, the State of Vermont Risk Management Division, VLCT, AIA and other interest groups.
COST BENEFIT ANALYSIS: This rule is expected to have minimal economic impact, overall, however, it is anticipated that the vocational rehabilitation dollars spent will be better utilized; with more dollars spent on injured workers who need vocational rehabilitation benefits and services and less money spent on VR services for workers who possess the ability to return to suitable work.
SCHEDULED HEARINGS: October 25, 2006; 9:00 - 11:00 a.m.; Vermont Interactive Television Sites: WILLISTON, Blair Park, 451 Lawrence Park; NEWPORT, North Country Union High School; BRATTLEBORO, 131 Fairground Road, Room 125; RUTLAND, Stafford Technical Center, Room 222; WHITE RIVER JCT., Community College of Vermont, 145 Billings Far Road; WATERBURY, State Office Complex, Stanley Hall.
DEADLINE FOR PUBLIC COMMENT: November 6, 2006.
FOR FURTHER INFORMATION, CONTACT: J. Stephen Monahan, Director Workers' Compensation & Safety Division National Life Building, Drawer 20, Montpelier, VT 05620-3401 802-828-2138.
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Vermont Use of Public Water Rules (2006 Amendments).
Vermont Proposed Rule: 06P030
AGENCY: Vermont Natural Resources Board, Water Resources Panel
CONCISE SUMMARY: The proposed rules (a) clarify existing Use of Public Waters Rule 3.4 (Use of Aircraft on Public Waters) in order to resolve ambiguities as to which waterbodies are subject to use by aircraft; (b)define "private pone" and "private preserve;" and (c) combine existing Appendices A and B into one Appendix which provides references to the source of the rules which regulate Vermont's public waters.
TYPE OF PERSONS AFFECTED: All persons and governmental agencies which use
Vermont's public waters.
COST BENEFIT ANALYSIS: It is not anticipated that these proposed rules will have any direct or indirect economic impact on the citizens of the State.
SCHEDULED HEARINGS: November 14, 2006, 9:00 AM, Natural Resources Board, National Life Records Center Building, National Life Drive, Montpelier, VT.
DEADLINE FOR PUBLIC COMMENT: November 30, 2006.
FOR FURTHER INFORMATION, CONTACT: John Hasen, General Counsel Natural Resources Board National Life Records Center Building, Drawer 20, Montpelier, VT 05620-3201; http://www.nrb.state.vt.us/wrp/rulemaking/upw2006/general2006.htm 802-828-5444, john.hasen@state.vt.us
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Deficit Reduction Act of 2005 - New federal requirements applicable to determining financial eligibility for Medicaid payment of long-term care.
Vermont Proposed Rule: 06P031
AGENCY: Dept. for Children and Families (DCF)
CONCISE SUMMARY: The following long-term care rule changes are proposed:
- Prohibiting Medicaid coverage for long-term care services for individual with home equity greater than $500,000;
- Imposing penalty for purchase of a life estate when individual lives in residence for less than 12 months after purchase;
- Penalizing transactions involving annuities and promissory notes unless specific criteria are met;
- For transfers made on or after February 8, 2006 - commencing the start date for transfer penalties on the later of the date of the Medicaid application, or the date of discovery;
- Extending the look-back period for transfer penalties from 36 months to 60 months;
- Providing Medicaid payment of long-term care where imposition of the asset transfer or home equity provisions would result in undue hardship; and
- Permitting retention of assets or resources equal to amounts paid under a state qualified long-term care insurance partnership policy.
TYPE OF PERSONS AFFECTED: Aged, blind, or disabled Medicaid applicants and their advocates; long-term care service providers including nursing homes and home health agencies; issuers of annuities and long-term care insurance; Vermont Department for Children and Families (DCF), Vermont Department of Disabilities, Aging and Independent Living (DAIL), Office of Vermont Health Access (OVHA).
COST BENEFIT ANALYSIS: As implied by the title of the law (e.g. "Deficit Reduction Act"), Congress intended to make it more difficult for individuals to transfer assets in order to qualify for what is meant to be a poverty program. The policy changes represent an effort to ensure that the federal and state financing obligation is either limited - or at least, directed to the most cost-effective and desirable services for seniors and people with disabilities. The changes in asset transfer rules could have the effect of reducing eligibility for long-term care Medicaid. The State Long-Term Care Partnership Program might lead to more individuals qualifying for Medicaid - and receiving access to Medicaid long-term services and supports. The ultimate impact of these changes remains to be determined.
SCHEDULED HEARINGS: Monday, October 23, 2006 at 1:00 p.m., in the Agency of Human Services' Blue Room, DCF, State Office Complex, Waterbury, Vermont.
DEADLINE FOR PUBLIC COMMENT: October 30, 2006.
FOR FURTHER INFORMATION, CONTACT:
For copies of the rule:
www.dsw.state.vt.us/rulechange.htm or
contact Roxanne Doty, (802) 241-2937; roxanned@ahs.state.vt.us
For other questions about the rule: Marybeth McCaffrey, Esq., Health Care Policy Analyst (802)241-2990; marybeth@ahs.state.vt.us; DCF, 103 South Main Street, Waterbury, VT 05671-1201 Fax: (802)241-3934.
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Deficit Reduction Act of 2005 - New federal citizenship and identity verification requirements for Vermont Medicaid program.
Vermont Proposed Rule: 06P032
AGENCY: Dept. for Children and Families (DCF)
CONCISE SUMMARY: The rule implements new federal law requiring that all United States citizens who apply for or receive Medicaid and who are not exempt due to receiving Medicare or Supplemental Security Income to present documentary evidence of their citizenship status and identity. The rule also updates other aspects of the eligibility rules relating to citizenship and alienage.
TYPE OF PERSONS AFFECTED: All nonexempt Medicaid applicants and recipients; Economic Services Division of AHS Department for Children and Families; Vermont Department of Health; Vermont Department of Buildings and General Services; Family Services Division of AHS Department for Children and Families; organizations that support Medicaid applicants and beneficiaries.
COST BENEFIT ANALYSIS: Implementation of the rule could result in a cost for those nonexempt Medicaid applicants and beneficiaries who must secure identity or citizenship documents. Organizations that support Medicaid applicants and beneficiaries may also experience increased expenses in connection with their activities that are associated with the rule. AHS estimates that it will initially expend approximately $1,620,000 ($648,000 in general funds) to staff and equip the effort and to provide financial and other assistance to applicants and beneficiaries.
SCHEDULED HEARINGS: October 23, 2006 at 9:00 a.m., in the Agency of >Human Services' Blue Room, DCF, State Office Complex, Waterbury, Vermont.
DEADLINE FOR PUBLIC COMMENT: October 30, 2006.
FOR FURTHER INFORMATION, CONTACT:
For copies of the rule:
www.dsw.state.vt.us/rulechange.htm or
contact Roxanne Doty, (802) 241-2937; roxanned@ahs.state.vt.us
For other questions about the rule: Les Birnbaum, Health Care Policy Analyst (802) 241-2889; lesB@ahs.state.vt.us; DCF, 103 South Main Street, Waterbury, VT 05671-1201 Fax: (802)241-3934.
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Rules for the Administration and Collection of the Employers' Health Care Contribution.
Vermont Proposed Rule: 06P027
AGENCY: Dept. of Labor
FOR FURTHER INFORMATION, CONTACT: Dirk Anderson, Dept. of Labor PO Box 488 Montpelier, VT 05601-0488 802-828-4391.
Return to the 2006 date selection page for more weekly notices or choose from the links in the left sidebar for notices from a different year.
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- If you have general questions about the rulemaking process, please contact
- Louise Corliss by e-mail at or by phone 802-828-2863
