Notices for Week of: April 2, 2009
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).
STep Ahead Recognition System (STARS) Regulations
Vermont Proposed Rule: 09P018
AGENCY: Dept. for Children and Families (DCF)
CONCISE SUMMARY: The effect of the rule is to recognize the Child Development Division's regulated care and education programs that go above and beyond basic licensing requirements and to provide families more information about their choice of care/education programs. The STep Ahead Recognition System (STARS) is a public / private partnership. Private business and foundation resources have been incorporated into the program's development and implementation.
TYPE OF PERSONS AFFECTED: All Families seeking care / education for children in early childhood and/or afterschool programs. All home and center-based CDD regulated programs including school-based preschools and school-age care programs are eligible to participate in STARS. Act 132 requires that public preschools or those in partnership with public schools either become nationally accredited or participate in STARS at the 3, 4 or 5 star level. Community Child Care Support Agency staff that advise, train and promote STARS in their communities incorporate STARS in their range of services. Specific Child Development Division (CDD) staff contribute to overseeing the implementation of STARS and the contracted administrators provide orientation STARS application support and review.
COST BENEFIT ANALYSIS: Income eligible Vermont families can claim a tax benefit for using a quality program (three stars and higher or nationally accredited). Individual programs receive financial benefits for participating in STARS: (1) bonuses range from $250 for one star to $1,550 for five stars; and (2) increased CDD subsidy (financial assistance) rates for eligible families ranging from an increase of 4% for one star to 20% for five stars. The average increase in program income linked to STARS participation is about $3,000 annually. Public programs that charge no fee will still be eligible to receive the one-time initial participation bonus but will not benefit from the increase in tuition assistance.
SCHEDULED HEARINGS: Two interactive TV public hearings are scheduled at the following sites: Thursday, 4/30/09, 6:00 - 7:30 PM at Bennington, Middlebury (point of origin), Newport, St. Albans, Springfield and White River Junction; Friday 5/1/09, 12:30 - 2:00 PM at Brattleboro, Lyndonville, Randolph Center, Rutland, Waterbury (point of origin), and Williston. Public comments may also be entered into the following website: http://dcf.vermont.gov/cdd . Deadline for public comment: May 13, 2009. For more information on participating through interactive television visit www.vitlink.org .
DEADLINE FOR PUBLIC COMMENT: May 13, 2009.
FOR FURTHER INFORMATION, CONTACT: Jan Walker, Workforce Development and Quality Enhancement Director, Child Development Division (CDD), 103 South Main Street, Waterbury, VT 05671-2901 802-241-3110.
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Repeal of Microfiche Regulation
Vermont Proposed Rule: 09P019
AGENCY: Dept. of Banking, Insurance, Securities & Health Care Administration
CONCISE SUMMARY: This rule will repeal BISHCA Regulation H-2002-1. Effective March 1, 2009, BISHCA stopped accepting paper filings. As of this date, all insurance rate, rule and form filings must be submitted to the Department via the System for Electronic Rate and Form Filings ("SERFF"). SERFF filings allow for an electronic record of the filings. Thus, BISHCA no longer needs companies to submit copies of the filing on microfiche.
TYPE OF PERSONS AFFECTED: Those who will be affected by this rule include: BISHCA, health insurance carriers and insureds.
COST BENEFIT ANALYSIS: BISHCA anticipates that the repeal of H-2002-01 will lower administrative costs for BISHCA and health insurance carriers. BISHCA staff spends a significant amount of time processing the microfiche. In addition, health insurance carriers spend staff time and administrative funds on the microfiche process. Often, health insurance carriers must hire outside vendors to image documents on microfiche. For example, BlueCross BlueShield of Vermont spends approximately $1,800 per year on microfiching costs. The repeal of H-202-01 will likely lead to decreased administrative costs for health insurers, which would lower premiums for insureds.
SCHEDULED HEARINGS: Monday, April 20, 2009, 11:00 AM - 12:00 PM at the Department of Banking, Insurance Securities and Health Care Administration, City Center Office Building, 3rd Floor Conference Room, 89 Main Street, Montpelier, VT 05602.
DEADLINE FOR PUBLIC COMMENT: April 29, 2009
FOR FURTHER INFORMATION, CONTACT: Christine M. Oliver, Deputy Commissioner for the Division of Health Care Administration, City Center, Montpelier, VT 05602 802-828-2900.
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Consumer Protection and Quality Requirements for Managed Care Organizations.
Vermont Proposed Rule: 09P020
AGENCY: Dept. of Banking, Insurance, Securities & Health Care Administration
CONCISE SUMMARY: This rule clarifies and streamlines existing requirements in Rule 10, Quality Assurance Standards and Consumer Protections for Managed Care Organizations; makes significant revisions to update state rules consistent with changes that have occurred in the managed care industry since 1997; implements amendments in Act 142 of the 2007 - 2008 session, An Act Relating to Enhancing Regulation for Progress Toward Mental Health Parity; clarifies basic consumer protections applicable to all managed care organizations and to pharmaceutical benefit management; eliminates duplication and makes state utilization review rules consistent with federal rules for group health plans; specifies requirements for chronic care programs, and streamlines and clarifies requirements for managed care quality improvement activities.
TYPE OF PERSONS AFFECTED: All Vermonters; those with managed care-type comprehensive major medical health benefit coverage subject to BISHCA's jurisdiction; private and non-federal governmental employers with large and small group managed health plans, health insurers, mental health review agents, pharmacy benefit managers and others that issue or administer this coverage; all health care providers and facilities; and BISHCA are all potentially affected by the rule.
COST BENEFIT ANALYSIS: Much of the rule is anticipated to be cost-neutral or cost-saving in that it either clarifies existing law, removed current requirements, reconciles state and existing federal law or otherwise creates no new obligations. Parts of the rule create new obligations, most of which are not anticipated to increase costs. Actuarial analysis of the provisions thought to have a potential premium increase in the range of 0.1% to 0.5%.
SCHEDULED HEARINGS: Monday, 4/20/09, 1:00PM to 4:00PM 3rd Floor Large Conference Room, Department of Banking, Insurance, Securities and Health Care Administration, 89 Main Street Montpelier.
DEADLINE FOR PUBLIC COMMENT: April 30, 2009
FOR FURTHER INFORMATION, CONTACT: Paula DiStabile, Assistant General Counsel, Division of Health Care Administration 89 Main Street, Montpelier, VT 05620 802-828-2910.
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Underground Storage Tank (UST) Rules.
Vermont Proposed Rule: 09P016
AGENCY: Natural Resources, Environmental Cons.
FOR FURTHER INFORMATION, CONTACT: Ted Unkles, UST Program Waste Management Division 103 South Main St., West Office Bldg. Waterbury, VT 05671-0404 802-241-3882.
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Moose Management Rule
Vermont Proposed Rule: 09P017
AGENCY: Natural Resources, Fish & Wildlife Dept.
FOR FURTHER INFORMATION, CONTACT: David Englander, Vermont Department of Fish and Wildlife, 103 South Main Street, Waterbury, VT 05671 802-241-3817
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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
This page was last updated on: 2009-12-11.

