Notices for Week of: April 24, 2008
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).
Fees for the Use of Fish and Wildlife Department Lands and Facilities.
Vermont Proposed Rule: 08P010
AGENCY: Natural Resources, Fish & Wildlife Dept.
CONCISE SUMMARY: This rule establishes fees for the use of Department of Fish and Wildlife facilities including access areas, meeting rooms, wildlife management areas and conservation camps. The fee for conservation camps affects approximately 1,000 campers who attend these camps each summer. The Department also issues 15 - 25 Special Use Permits or Licenses related to the use of Wildlife Management Areas or Access Areas each year. Individuals or groups who need a Special Use Permit will need to pay an administrative fee.
TYPE OF PERSONS AFFECTED: Sportsmen's organizations and other conservation organizations sponsor youths to attend conservation camps. These groups also use Department facilities for some meetings and training they annually conduct.
COST BENEFIT ANALYSIS: The fee schedule outlined in this rule will provide the Department $25,000 in revenue to the camps program which the Department can use to match $100,000 in available federal funds. The actual cost per youth at these camps is $430/camper, the fee established in this rule is $200/camper. The fees associated with the use of other facilities is estimated to generate approximately $5,000 annually to the Department to cover administrative costs. The Department has developed a fee schedule that covers our administrative costs while still being fair and reasonable to affected parties, and is consistent with fee compensation levels of other Departments. There are also secondary (i.e., non-monetary) benefits in terms of monitoring uses and ensuring compatibility between uses, especially during spring and fall hunting seasons.
SCHEDULED HEARINGS: None scheduled at this time.
DEADLINE FOR PUBLIC COMMENT: May 15, 2008.
FOR FURTHER INFORMATION, CONTACT: Thomas A. Decker, DFW, 103 South Main St. Waterbury, VT 05671-0501 802-241-3247.
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2008 Moose Season - Regulation #999
Vermont Proposed Rule: 08P011
AGENCY: Natural Resources, Fish & Wildlife Dept.
CONCISE SUMMARY: Establishes criteria for implementing, controlling and enforcing a Moose Hunting Season.
TYPE OF PERSONS AFFECTED: General public, resident and non-resident hunters, landowners and retail businesses.
COST BENEFIT ANALYSIS: If 2,500 permittees and subpermittees participate in the 2008 moose season, 250 of which would be non-residents, the benefits to small businesses are estimated to be at least $1,285,500. Costs to the Department of Fish and Wildlife for administration and enforcement of the hunt is estimated to cost $75,000 (printing, postage, equipment and labor). Benefits from the sale of moose permits and applications are estimated at over $350,000.
SCHEDULED HEARINGS: None scheduled at this time.
DEADLINE FOR PUBLIC COMMENT: May 15, 2008.
FOR FURTHER INFORMATION, CONTACT: Cedric Alexander Vermont Dept. of Fish and Wildlife 1229 Portland St., St. Johnsbury, VT 05819-2009 802-748-0100.
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Board of Dental Examiners, Administrative Rules.
Vermont Proposed Rule: 08P012
AGENCY: Secretary of State, Office of Professional Regulations
CONCISE SUMMARY: Section 10 of the rules is added to establish guidelines for general supervision of dental hygienists in public or private schools or institutions. The definitions of general supervision are modified. Also, continuing education requirements are more specifically addressed. Continuing education hours for dental hygienists are raised.
TYPE OF PERSONS AFFECTED: Practicing dentists who supervise dental hygienists who practice under general supervision in public or private schools or institutions, and the dental hygienists under such supervision.
COST BENEFIT ANALYSIS: The rules should have no measurable adverse economic impact on practitioners or the public. It is hoped that these rules will enable more Vermonters to access necessary dental hygienist services. The increased number of dental hygienist continuing education hours will cost each hygienist an estimated $150 dollars expense over the two year licensing period.
SCHEDULED HEARINGS: May 14, 2008 at 9:30 a.m. Office of Professional Regulation conference room at the National Life Building, 2 Fl. North, Montpelier, VT.
DEADLINE FOR PUBLIC COMMENT: May 22, 2008.
FOR FURTHER INFORMATION, CONTACT: Larry S. Novins, Vermont Secretary of State, Office of Professional Regulation, National Life Bldg., North, FL2, Montpelier, VT 05620-3402 lnovins@sec.state.vt.us (802)828-2883
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Transition Age Youth
Vermont Proposed Rule: 08P013
AGENCY: Dept. for Children and Families (DCF)
CONCISE SUMMARY: Act 74 of 2007 'An Act Relating to Foster Care Services and Supports' calls for "The commissioner shall establish by rule a program to provide a range of age appropriate services to youth to ensure a successful transition to adulthood including foster care and other services provided under this chapter to children as appropriate, housing assistance, transportation, case management services, assistance with obtaining and retaining health insurance or employment and other services." Specifically the rule covers three program areas; completion of secondary education for youth who reach their 18th birthday while in DCF custody, adult living programs, and Housing Support Programs and Incidental Living grants. The rules describe the purpose, eligibility, requirements, discharge and re-entry to each of the program areas and how they are designed to provide the services called for in the statute.
TYPE OF PERSONS AFFECTED: Former foster youth ages 18 through 22, foster parents, residential program providers, community providers of foster and treatment services for youth in foster care.
COST BENEFIT ANALYSIS: This rule is designed to expand opportunities for former foster youth to receive financial support for living with former foster parents, for residential treatment programs and for their own independent living situations until they have completed high school and are self sufficient. Funds accessed through the application of the rule will impact primarily participating youth, but will also significantly affect former foster parents and programs receiving funds for their support.
SCHEDULED HEARINGS: Monday, May 12, 2008, 1 - 3PM, Skylight Conference Room, Waterbury State Office Complex.
DEADLINE FOR PUBLIC COMMENT: May 19, 2008.
FOR FURTHER INFORMATION, CONTACT: Dana Lawrence DCF Family Services, Osgood 3, 103 S. Main Street Waterbury, VT 05671-2401 (802)241-2153, dana.lawrence@ahs.state.vt.us
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Human Services Board Rules.
Vermont Proposed Rule: 08P014
AGENCY: Human Services
CONCISE SUMMARY: Extensive reorganization and clarification of existing Board hearing rules to reflect statutory changes in departments and offices under the Board's aegis and to conform rules to current Board practice and procedures.
TYPE OF PERSONS AFFECTED: All individuals and their advocates served by the various departments and offices under the Agency of Human Services who may file appeals regarding any decision or action by those departments or offices.
COST BENEFIT ANALYSIS: Clarification of timeliness guidelines likely to result in savings to public benefits programs by shortening periods of continuing benefits. Shortening of time of continued payments to ineligible individuals.
SCHEDULED HEARINGS: May 12, 2008 at 1:00 pm - 2:00 pm in the FSD Deputy Commissioner's Conference Room, Osgood 3, 103 South Main Street, Waterbury, VT.
DEADLINE FOR PUBLIC COMMENT: May 19, 2008.
FOR FURTHER INFORMATION, CONTACT: Janice Guy Human Services Board, 120 State St. Montpelier, VT 05620-4301 802-828-2536; janice.guy@ahs.state.vt.us
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Vermont Healthcare Claims Uniform Reporting System.
Vermont Proposed Rule: 08P015
AGENCY: Dept. of Banking, Insurance, Securities & Health Care Administration
CONCISE SUMMARY: The proposed rule sets forth standards and procedures for the submission of uniform health care claims data relating to Vermont health care system participants to improve the quality and affordability of health care and inform health care policy in Vermont. Health insurers, third party administrators, pharmacy benefit managers and similar entities will be required to register with BISHCA and submit detailed claims data for comprehensive analysis and review. The rule specifies particular information and data requirements, establishes filing schedules, and describes the procedures and conditions for release and study of data including protections for any confidential information.
TYPE OF PERSONS AFFECTED: Health insurers, third party administrators, pharmacy benefit managers and other similar entities will be required to register with the Department and those that cover 50 or more Vermont lives will be required to report claims data to the Department on a regular basis. Employers, consumers, providers, healthcare facilities and policy makers will benefit from more accurate and comprehensive information on health care costs in Vermont. BISHCA, the Office of Vermont Health Access (OVHA), the Vermont Department of Health and other state agencies and Vermont policy makers will gain better insight into costs and effectiveness of health care delivery and monitor the impact of health care reform programs on Vermont residents and providers.
COST BENEFIT ANALYSIS: Health insurers, Third Party Administrators ("TPAs"), and Pharmacy Benefit Managers("PBMs") required to submit medical and pharmacy claims data to BISHCA are not expected to incur substantial costs for compliance, especially for those entities already submitting similar data in other states. There are no fees associated with registration requirements, and no assessment on data reporters to fund the costs of organizing, establishing and maintaining the data collection system. Benefits associated with the collection and use of this information are expected to be substantial for consumers, employers and other interested in the control of costs. In view of the expected benefit of having this data available to support regulatory, public health and government health insurance programs, the cost to the state is believed reasonable.
SCHEDULED HEARINGS: May 12, 2008 at 10:00 a.m. at BISHCA, 89 Main Street, Montpelier, VT.
DEADLINE FOR PUBLIC COMMENT: May 19, 2008.
FOR FURTHER INFORMATION, CONTACT: Peter Young, Assistant General Counsel, 89 Main Street, Montpelier, VT 05620-3101 802-828-3301
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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
