Vermont Statutes > Title 16 > Chapter 11 – Union School Districts

		Sections
Subchapter 1	General Provisions	701 – 703
Subchapter 2	Exploration, Formation, and Organization	706 – 725
Subchapter 3	Unified Union School Districts	729 – 743
Subchapter 4	Union Elementary School Districts and Union High School Districts	745 – 760
Subchapter 5	Districts Formed Pursuant to Prior Laws	763 – 764

Terms Used In Vermont Statutes > Title 16 > Chapter 11 - Union School Districts

Acceptance: means receipt of the right-of-way needed for a new highway, in some cases this may include a completed roadway. See
ACO: means an organization of health care providers that has a formal legal structure, is identified by a federal taxpayer identification number, and agrees to be accountable for the quality, cost, and overall care of the patients assigned to it. See
ACO: means an organization of health care providers that has a formal legal structure, is identified by a federal taxpayer identification number, and agrees to be accountable for the quality, cost, and overall care of the patients assigned to it. See
Advance directive: means a written record executed pursuant to section 9703 of this title, which may include appointment of an agent, identification of a preferred primary care clinician, instructions on health care desires or treatment goals, an anatomical gift, disposition of remains, and funeral goods and services. See
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Agencies: means town cemeteries; religious or ecclesiastical society cemeteries; cemetery associations; and any person, firm, corporation, or unincorporated association engaged in the business of a cemetery. See
Agency: means the Agency of Human Services, unless the context requires otherwise. See
Agency: means the Agency of Transportation. See
Agent: means an adult with capacity to whom authority to make health care decisions is delegated under an advance directive, including an alternate agent if the agent is not reasonably available. See
Allegation: something that someone says happened.
Altered: means a major physical change in the highway such as a change in width from a single lane to two lanes. See
Ambulatory surgical center: means a facility or portion of a facility that provides surgical care not requiring an overnight stay. See
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Annual meeting: when applied to towns shall mean the annual town meeting in March or an adjournment thereof. See
Annual operating expense: means that expense which, by generally accepted accounting principles, is incurred by a new health care service during the first fiscal year in which the service is in full operation after completion of the project. See
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Applicant: means a person who has submitted an application or proposal requesting issuance of a certificate of need. See
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Bequest: Property gifted by will.
between: as used in this title in respect to a specified age of a student, shall mean the period of time commencing on the birthday of the child when he or she becomes the age first specified and ending on the day next preceding the birthday of the child when he or she becomes the age last specified. See
Bicycle: means every pedal-driven device propelled by human power having two or more wheels on which a person may ride, including a so-called pedal vehicle that may have an enclosed cab. See
biennially: shall mean the year in which a regular session of the General Assembly is held. See
Board: means the Board established in chapter 220 of this title. See
Board: means the Transportation Board. See
Board: means the Green Mountain Care Board established in this chapter. See
Board: means the Green Mountain Care Board established in chapter 220 of this title. See
Board clerk: means the individual selected to be clerk of the board of a union school district by the members of the board from among their number pursuant to the provisions of sections 714 (initial members of union school district board), 729 (unified union district board members), and 747 (union elementary and union high school district board members) of this chapter. See
Branch: means a major component of a division of a department or major unit of a department with staff functions. See
Business: includes every trade, occupation, profession, and other lawful purpose, whether or not carried on for profit. See
Business concern: means a corporation, partnership, individual, or other private entity engaged in a business or professional activity necessitating tangible property for the carrying on of the business or profession on the premises. See
Capacity: means an individual's ability to make and communicate a decision regarding the issue that needs to be decided. See
Capital expenditure: means an expenditure for the plant or equipment that is not properly chargeable as an expense of operation and maintenance and includes acquisition by purchase, donation, leasehold expenditure, or lease that is treated as capital expense in accordance to the accounting standards established for lease expenditures by the Financial Accounting Standards Board, calculated over the length of the lease for plant or equipment, and includes assets having an expected life of at least three years. See
Cemetery: means any plot of ground used or intended to be used for the burial or permanent disposition of the remains of the human dead in a grave, a mausoleum, a columbarium, a vault, or other receptacle. See
Cemetery association: means any corporation now or hereafter organized that is or shall be authorized by its articles to conduct the business of a cemetery. See
Chair: means the Chair of the Transportation Board, unless otherwise specified. See
Chambers: A judge's office.
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Chronic care: means health services provided by a health care professional for an established clinical condition that is expected to last a year or more and that requires ongoing clinical management attempting to restore the individual to highest function, minimize the negative effects of the condition, prevent complications related to chronic conditions, engage in advanced care planning, and promote appropriate access to palliative care. See
Claim: means any claim, bill, or request for payment for all or any portion of provided health care services that is submitted by:
Classification: means the categorization of all town highways pursuant to section 302 of this title. See
Clinician: means a medical doctor licensed to practice under 26 Vt. See
COLST: means a clinician's order or orders for treatment such as intubation, mechanical ventilation, transfer to hospital, antibiotics, artificially administered nutrition, or another medical intervention. See
Columbarium: means a structure or room or other space in a building or structure of durable and lasting fireproof construction, containing niches, used or intended to be used, to contain the permanent disposition of human remains. See
Commissioner: means the Commissioner of Disabilities, Aging, and Independent Living. See
Commissioner: means the Commissioner of Health. See
Commissioner: means the Commissioner of Motor Vehicles responsible to the Secretary for the administration of the Department. See
Commissioner: means the Commissioner of Financial Regulation or the Commissioner's designee. See
Commissioner: means the Commissioner of Health. See
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Community mausoleum: means a structure or building of durable and lasting construction used or intended to be used for the permanent disposition of the remains of deceased persons in crypts or spaces, provided such crypts or spaces are available to or may be obtained by individuals or the public for a price in money or its equivalent. See
Community report: means the hospital report prepared under section 9405a of this title. See
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
complete streets: means streets that provide safe and accessible options for multiple travel modes for individuals of all ages and abilities, including walking, cycling, public transportation, and motor vehicles. See
Construction: means actual commencement of any construction or fabrication of any new building, or addition to any existing facility, or any expenditure relating to the alteration, remodeling, renovation, modernization, improvement, relocation, repair, or replacement of a health care facility, including expenditures necessary for compliance with life and health safety codes. See
Contested claim: means a claim submitted to a payer, health plan, or contracting entity that does not include:
Continuance: Putting off of a hearing ot trial until a later time.
contract: means a contract entered into, amended, or renewed between a contracting entity or health plan and a health care provider specifying the rights and responsibilities of the contracting entity and provider for the delivery of health care services to insureds, including primary care health services, preventive health services, chronic care services, and specialty health care services. See
Contract: A legal written agreement that becomes binding when signed.
Contracting entity: means any entity that contracts directly or indirectly with a health care provider for either the delivery of health care services or the selling, leasing, renting, assigning, or granting of access to a contract or terms of a contract. See
Conversion therapy: means any practice by a mental health care provider that seeks to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to change sexual or romantic attractions or feelings toward individuals of the same sex or gender. See
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Covered entity: means an organization that enters into a contract with a contracting entity to gain access to a provider network contract. See
Cremated remains: means remains of a deceased person after incineration in a disposition facility. See
Cremation: means the reducing of the remains of deceased persons, by the use of retorts, to cremated remains and the disposal thereof in a columbarium, niche, mausoleum, grave, or in any other manner not contrary to law. See
Crypt: means the chamber in a mausoleum of sufficient size to contain the remains of deceased persons. See
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Danger of harm to others: means the person has inflicted or attempted to inflict serious bodily injury to another or has committed an act that would constitute a sexual assault or lewd or lascivious conduct with a child. See
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
denial: means the circumstance in which the plan asserts that it has no liability to pay a claim, based on eligibility status of the patient, coverage of a service under the health plan, medical necessity of a service, liability of another payer, or other grounds. See
Department: means the Department of Disabilities, Aging, and Independent Living. See
Department: means the Department of Disabilities, Aging, and Independent Living. See
Department: means the Department of Health, unless the context requires otherwise. See
Department: means the Department of Health. See
Department: means the Department of Motor Vehicles. See
Department: means the Department of Financial Regulation. See
Dependent: A person dependent for support upon another.
Designated agency: means a designated community mental health and developmental disability agency as described in subsection 8907(a) of this title. See
Designated office: means the office of a limited liability company designated pursuant to section 4007 of this title or the principal office of a foreign limited liability company. See
Designated program: means a program designated by the Commissioner as adequate to provide in an individual manner appropriate custody, care, and habilitation to persons with intellectual disabilities receiving services under this subchapter. See
Develop: means the partition or division of any tract of land of any size by a person through sale, lease, transfer, or any other means by which any interest in or to the land or a portion of the land is conveyed to another person that will require the construction of permanent new or enlarged points of access to a State or town highway other than a limited access facility pursuant to subsection 1702a(a) of this title; excluding, however, tracts of land located entirely within a city or incorporated village. See
Developmental disability: means a severe, chronic disability of a person that is manifested before the person reaches 18 years of age and results in:
Devise: To gift property by will.
Director: means the head of a division. See
Discontinued: means a previously designated town highway which through the process of discontinuance all public rights are reconveyed to the adjoining landowners. See
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Disposition facility: means a building or structure for the reducing of human remains by means of cremation, alkaline hydrolysis, or natural organic reduction. See
Dissolution: means an event under section 4101 of this title which requires a limited liability company to wind up its affairs and to terminate its existence as a legal entity. See
Distribution: means a transfer of money or property from a limited liability company to a member in the member's capacity as a member or to a transferee of the member's distributional interest. See
District: means a geographic subdivision of the State primarily established for maintenance purposes. See
District clerk: means the individual elected as clerk of a union school district by the voters of the district pursuant to the provisions of sections 715 (union school district organizational meeting), 735 (unified union school district officers and election), and 753 (union elementary and union high school district officers and election) of this chapter. See
Division: means a major unit of the Agency engaged in line functions other than the Department of Motor Vehicles. See
DNR identification: means a necklace, bracelet, or anklet identifying the patient as an individual who has a DNR order. See
DNR order: means a written order of the patient's clinician directing health care providers not to attempt resuscitation. See
Donor: The person who makes a gift.
Dower: A widow
drug addict: means a person who shows signs of mental illness because of his or her use of drugs, hallucinogens, stimulants, or sedatives or who has an uncontrollable desire for their use or consumption. See
Ecological land management practices: means utilization of land stewardship decision-making processes that account for the best available understanding of ecosystem functions and biological diversity. See
editing: means a practice or procedure pursuant to which one or more adjustments are made to Current Procedural Terminology (CPT) codes, American Society of Anesthesiologists' (ASA) current procedural terminology, the American Dental Association's (ADA) current dental terminology, or Healthcare Common Procedure Coding System (HCPCS) Level II codes included in a claim that result in:
Electorate: means the qualified voters in a school district voting at a properly warned school district meeting. See
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Executive session: A portion of the Senate's daily session in which it considers executive business.
Executor: A male person named in a will to carry out the decedent
Expenditure analysis: means the expenditure analysis developed pursuant to section 9383 of this title. See
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Family: means a group of individuals that includes a person with a developmental disability and that:
Family: means two or more persons who are living together in the same quarters. See
Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
Fiduciary: A trustee, executor, or administrator.
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
fled: as used in this chapter shall be construed to mean any voluntary or involuntary departure from the jurisdiction of the court where the proceedings hereinafter mentioned may have been instituted and are still pending, with the effect of avoiding, impeding, or delaying the action of the court in which such proceedings may have been instituted or be pending, or any such departure from the state where the person demanded then was, if he or she then were under detention by law as a person of unsound mind and subject to detention. See
following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
Forming districts: means all school districts, including union school districts, that are located within the geographical boundaries of a proposed or voter-approved union school district prior to the operational date of the union school district, which will potentially merge or have merged to form the new union school district. See
Fraud: Intentional deception resulting in injury to another.
gender identity: means an individual's actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual's gender or gender-identity, regardless of the individual's assigned sex at birth. See
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Global payment: means a payment from a health insurer, Medicaid, Medicare, or other payer for the health services of a defined population of patients for a defined period of time. See
Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
Grades: means the division of the educational work of the public schools into 13 school year units beginning with kindergarten and thereafter numbered from one to 12 beginning with the lowest. See
Grantor: The person who establishes a trust and places property into it.
Green Mountain Care: means the public-private universal health care program designed to provide health benefits through a simplified, uniform, single administrative system pursuant to 33 Vt. See
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Guardian: means a person appointed by the Probate Division of the Superior Court who has the authority to make medical decisions pursuant to 14 V. See
Guardianship: means the legal status of a person with developmental disabilities who is subject to the Commissioner's exercise of some or all of the powers listed in section 9310 of this title. See
Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
Health care: means any treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition, including services provided pursuant to a clinician's order, and services to assist in activities of daily living provided by a health care provider or in a health care facility or residential care facility. See
Health care decision: means consent, refusal to consent, or withdrawal of consent to any health care and includes consent to receive out-of-network services. See
Health care facility: means all persons or institutions, including mobile facilities, whether public or private, proprietary or not for profit, which offer diagnosis, treatment, inpatient, or ambulatory care to two or more unrelated persons, and the buildings in which those services are offered. See
Health care facility: means all institutions, whether public or private, proprietary or nonprofit, which offer diagnosis, treatment, inpatient, or ambulatory care to two or more unrelated persons, and the buildings in which those services are offered. See
Health care professional: means an individual, partnership, corporation, facility, or institution licensed or certified or otherwise authorized by Vermont law to provide professional health services. See
Health care provider: means a person, partnership, corporation, facility, or institution, licensed or certified or authorized by law to provide professional health care service in this State to an individual during that individual's medical care, treatment, or confinement. See
Health care provider: means a person, partnership, or corporation, including a health care facility, that is licensed, certified, or otherwise authorized by law to provide professional health care services in this State to an individual during that individual's medical care, treatment, or confinement. See
Health care provider: means a person, partnership, or corporation, other than a facility or institution, licensed or certified or authorized by law to provide professional health care service in this State to an individual during that individual's medical care, treatment, or confinement. See
Health care spending estimate: means the estimate established in accordance with section 9383 of this title. See
Health care system: means the local, State, regional, or national system of delivering health services, including administrative costs, capital expenditures, preventive care, and wellness services. See
Health insurance plan: means a policy, service contract, or other health benefit plan offered or issued by a health insurer and includes beneficiaries covered by the Medicaid program unless they are otherwise provided with similar services. See
Health insurer: means any health insurance company, nonprofit hospital and medical service corporation, managed care organization, and, to the extent permitted under federal law, any administrator of a health benefit plan offered by a public or a private entity. See
Health insurer: means any health insurance company, nonprofit hospital and medical service corporation, managed care organizations, and, to the extent permitted under federal law, any administrator of an insured, self-insured, or publicly funded health care benefit plan offered by public and private entities. See
Health maintenance organization: means any person certified to operate a health maintenance organization by the Commissioner pursuant to 8 Vt. See
Health officer: means Commissioner of Health, the Commissioner's designee, or a local or district health officer. See
Health plan: means a health insurer, disability insurer, health maintenance organization, medical or hospital service corporation, and, to the extent permitted under federal law, any administrator of an insured or self-insured plan. See
Health plan: means a health benefit plan offered, administered, or issued by a health insurer doing business in Vermont. See
Health Resource Allocation Plan: means the plan published by the Green Mountain Care Board in accordance with subsection 9405(b) of this title. See
highway: includes rights-of-way, bridges, drainage structures, signs, guardrails, areas to accommodate utilities authorized by law to locate within highway limits, areas used to mitigate the environmental impacts of highway construction, vegetation, scenic enhancements, and structures. See
Highway: shall include park and rides. See
Highways: include all facilities defined in subdivisions 1(12), (20), and (23) of this title. See
HIPAA: means the Health Insurance Portability and Accountability Act of 1996, codified at 42 U. See
Home health agency: means a for-profit or nonprofit health care facility providing part-time or intermittent skilled nursing services and at least one of the following other therapeutic services made available on a visiting basis, in a place of residence used as a patient's home: physical, speech, or occupational therapy; medical social services; home health aide services; or other non-nursing therapeutic services, including the services of nutritionists, dieticians, psychologists, and licensed mental health counselors. See
Home health services: means activities and functions of a home health agency, including nurses, home health aides, physical therapists, occupational therapists, speech therapists, medical social workers, or other non-nursing therapeutic services directly related to care, treatment, or diagnosis of patients in the home. See
Hospital: means a hospital licensed under chapter 43 of this title, except a hospital that is conducted, maintained, or operated by the State of Vermont. See
Hospital: means an acute care hospital licensed under chapter 43 of this title. See
hospital: shall include a secure residential recovery facility as defined in subsection 7620(e) of this title. See
Individual: means a person who is not a member of a family as defined in this section. See
Informed consent: means the consent given voluntarily by an individual with capacity, on his or her own behalf or on behalf of another in the role of an agent, guardian, or surrogate, after being fully informed of the nature, benefits, risks, and consequences of the proposed health care, alternative health care, and no health care. See
inhabitants: shall mean the population of the political division referred to, as ascertained by the national census last completed before the time when such population is a material fact. See
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Insured: means any person eligible for health care benefits under a health benefit plan, and includes all of the following terms: enrollee, subscriber, member, insured, dependent, covered individual, and beneficiary. See
Intensive residential recovery facility: means a licensed program under contract with the Department of Mental Health that provides a safe, therapeutic, recovery-oriented residential environment to care for individuals with one or more mental conditions or psychiatric disabilities who need intensive clinical interventions to facilitate recovery in anticipation of returning to the community. See
Interested individual: means :
Interested person: means a responsible adult who has a direct interest in a person with developmental disabilities and includes the person with developmental disabilities, a near relative, guardian, public official, social worker, or clergy. See
Intestate: Dying without leaving a will.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
Landowner: means a person who has title to real estate in fee simple or a life estate. See
Lay out: means the legal procedure establishing the alignment or right-of-way of a highway. See
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legislative body: includes boards of selectmen, aldermen, and village trustees. See
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
Life sustaining treatment: means any medical intervention, including nutrition and hydration administered by medical means and antibiotics, which is intended to extend life and without which the principal or patient is likely to die. See
Limited access highway: means a highway where the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with the highway is fully or partially controlled by public authority, in accordance with chapter 17 of this title. See
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Litigation Settlement Fund: means the Vermont Tobacco Litigation Settlement Fund established by 32 V. See
Local board of health: means the local health officer, with the selectboard of the town or city council of a city. See
Magistrate: shall mean any Supreme Court Justice, Superior judge, District judge, or Probate judge. See
Managed care organization: means any financing mechanism or system that manages health care delivery for its members or subscribers, including health maintenance organizations and any other similar health care delivery system or organization. See
Manager: means a person that under the operating agreement of a manager-managed limited liability company is responsible, alone or in concert with others, for performing the management functions stated in subsection 4054(c) of this title. See
Material change: means a change to a health care project for which a certificate of need has been issued which:
Maximum allowable cost: means the per unit drug product reimbursement amount, excluding dispensing fees, for a group of equivalent multisource generic prescription drugs. See
Member: means a person that has become a member of a limited liability company under section 4051 of this title and has not dissociated under section 4081 of this title. See
Member district: means a school district, which can be a union school district, that is a member of a union elementary school district or a union high school district for certain grades, prekindergarten through grade 12, and is a distinct district organized to provide for the education of its resident students for all other grades, whether by operating one or more schools or paying tuition. See
Member district: means either a town school district that is a member district as defined in section 702 (definitions) of this title or a town in a member district if the member district is itself a union elementary or union high school district, as applicable. See
Mental health care provider: means a person licensed to practice medicine pursuant to 26 Vt. See
Mental health patient representative: means the mental health patient representative established by section 7253 of this title. See
Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Most favored nation clause: means a provision in a health care contract that:
Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
Natural burial ground: means a cemetery maintained using ecological land management practices and without the use of vaults for the burial of unembalmed human remains or human remains embalmed using nontoxic embalming fluids and that rest in either no burial container or in a nontoxic, nonhazardous, plant-derived burial container or shroud. See
Natural organic reduction: means the contained, accelerated conversion of human remains to soil. See
NCCI: means the Centers for Medicare and Medicaid Services' (CMS) published list of edits and adjustments that are made to health care providers' claims submitted for services or supplies provided to patients insured under the federal Medicare program and other federal insurance programs. See
Near relative: means a spouse, parent, step parent, brother, sister, or grandparent. See
Necessity: means a reasonable need that considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. See
Niche: means a recess in a columbarium used, or intended to be used, for the permanent disposition of human remains of one or more deceased persons. See
No refusal system: means a system of hospitals and intensive residential recovery facilities under contract with the Department of Mental Health that provides high-intensity services, in which the facilities shall admit any individual for care if the individual meets the eligibility criteria established by the Commissioner in contract. See
Nonmaterial change: means a modification that does not meet the cost threshold of a material change as defined in subdivision (11) of this section, but otherwise modifies the kind, scope, or capacity of a project for which a certificate of need has been granted under this subchapter. See
Normal relocation: means constructing a replacement facility, in kind, that is both functionally equivalent to the existing facility and necessary for the continuous operation of the utility service, highway project economy, or sequence of highway construction or maintenance. See
Nutrition and hydration administered by medical means: means the provision of food and water by means other than the natural ingestion of food or fluids by eating or drinking. See
Oath: shall include affirmation where by law an affirmation may be substituted. See
Oath: A promise to tell the truth.
Obligation: means an obligation for a capital expenditure which is deemed to have been incurred by or on behalf of a health care facility or health maintenance organization. See
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Ombudsman: means :
Operational date: means the date on which a union school district formed pursuant to the provisions of this chapter assumes full and sole responsibility for the education of all resident students in the grades for which it is organized. See
Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
Oversight: Committee review of the activities of a Federal agency or program.
Palliative care: means interdisciplinary care given to improve the quality of life of patients and their families facing the problems associated with a serious medical condition. See
Participating provider: means a health care provider that has a health care contract with a contracting entity and is entitled to reimbursement for health care services rendered to an insured under the health care contract. See
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Payer: means any person or entity that assumes the financial risk for the payment of claims under a health care contract or the reimbursement for health care services rendered to an insured by a participating provider under the health care contract. See
Payment reform: means modifying the method of payment from a fee-for-service basis to one or more alternative methods for compensating health care professionals, health care provider bargaining groups created pursuant to section 9409 of this title, integrated delivery systems, and other health care professional arrangements, manufacturers of prescribed products, medical supply companies, and other companies providing health services or health supplies for the provision of high-quality and efficient health services, products, and supplies while measuring quality and efficiency. See
Permit: means any permit or license issued pursuant to this title. See
Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
Person: includes a municipality or State agency. See
Person: means any individual, company, corporation, association, partnership, the U. See
Person in need of guardianship: means a person who:
Person with a developmental disability: means a person who is a resident of Vermont and who has a developmental disability. See
person with an intellectual disability: shall mean an individual who has significantly subaverage intellectual functioning existing concurrently with deficits in adaptive behavior. See
Person with developmental disabilities: means :
Personal estate: shall include all property other than real estate. See
Personal property: All property that is not real property.
Pharmacy benefit management: means an arrangement for the procurement of prescription drugs at a negotiated rate for dispensation within this State to beneficiaries, the administration or management of prescription drug benefits provided by a health plan for the benefit of beneficiaries, or any of the following services provided with regard to the administration of pharmacy benefits:
Pharmacy benefit manager: means an entity that performs pharmacy benefit management, except an entity that provides pharmacy benefit management services for Vermont Medicaid. See
Pharmacy benefit manager affiliate: means a pharmacy or pharmacist that, directly or indirectly, through one or more intermediaries, is owned or controlled by, or is under common ownership or control with, a pharmacy benefit manager. See
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Preventive care: means health services provided by health care professionals to identify and treat asymptomatic individuals who have risk factors or preclinical disease, but in whom the disease is not clinically apparent, including immunizations and screening, counseling, treatment, and medication determined by scientific evidence to be effective in preventing or detecting a condition. See
Principal: means an adult who has executed an advance directive. See
prior authorization: includes preadmission review, pretreatment review, and utilization review. See
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probate Division of the Superior Court designee: means a responsible, knowledgeable individual independent of a health care facility designated by the Probate Division of the Superior Court in the district where the principal resides or the county where the facility is located. See
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Product: means , to the extent permitted by State and federal law, one of the following types of categories of coverage for which a participating provider may be obligated to provide health care services pursuant to a health care contract:
Program: means the Vermont tobacco prevention and treatment program established under this chapter. See
property owner: means a person who has a legal interest of record in the property taken or proposed to be taken. See
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
provider: means a person, partnership, or corporation licensed, certified, or otherwise authorized by law to provide professional health care services in this State and shall include a health care provider group, network, independent practice association, or physician hospital organization that is acting exclusively as an administrator on behalf of a health care provider to facilitate the provider's participation in health care contracts. See
Psychiatric disability: means an impairment of thought, mood, perception, orientation, or memory that limits one or more major life activities but does not include intellectual disability. See
Psychosocial rehabilitation: means a range of social, educational, occupational, behavioral, and cognitive interventions for increasing the role performance and enhancing the recovery of individuals with a serious mental condition or psychiatric disability, including services that foster long-term recovery and self-sufficiency. See
Public entity: means :
Public health hazard: means the potential harm to the public health by virtue of any condition or any biological, chemical, or physical agent. See
Qualified developmental disabilities professional: means a psychologist, physician, registered nurse, educator, or social worker with specialized training or at least one year of experience in working with people with developmental disabilities. See
Quorum: The number of legislators that must be present to do business.
real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Reasonably available: means able to be contacted with a level of diligence appropriate to the seriousness and urgency of a principal's health care needs, and willing and able to act in a timely manner considering the urgency of the principal's health care needs. See
Recess: A temporary interruption of the legislative business.
Recipient: means a person with a developmental disability or a family that has been approved to receive services or funding under criteria specified in the system of care plan. See
Reclassify: means to change the classification of a highway using the legal process described in this chapter. See
Recovery-oriented: means a system or services that emphasize the process of change through which individuals improve their health and wellness, live a self-directed life, and strive to reach their full potential. See
Registry: means a secure, web-based database created by the Commissioner to which individuals may submit an advance directive or information regarding the location of an advance directive that is accessible to principals and agents and, as needed, to individuals appointed to arrange for the disposition of remains, procurement organizations, health care providers, health care facilities, residential care facilities, funeral directors, crematory operators, cemetery officials, Probate Division of the Superior Court officials, and the employees thereof. See
Relocation: means required adjustments of utility facilities necessitated by planned highway maintenance or construction activities. See
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Residential care facility: means a residential care home or an assisted living residence as those terms are defined in 33 V. See
Respondent: means a person who is the subject of a petition filed pursuant to section 9305 of this title. See
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
resuscitation: includes chest compressions and mask ventilation; intubation and ventilation; defibrillation or cardioversion; and emergency cardiac medications provided according to the guidelines of the American Heart Association's Cardiac Life Support program. See
road: shall include bridges thereon and their approaches. See
said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
Scenic road: means any road designated pursuant to this title. See
School board: means the board of school directors elected to manage the schools of a school district, the prudential committee of an incorporated school district, the supervisory union board of directors, and the supervisors of unorganized towns and gores. See
School district: means a school district organized as a town school district, city school district, incorporated school district, or union school district, unless clearly inapplicable. See
School district meeting: means a duly warned meeting of a school district at which questions are presented to the electorate. See
School year: means the year beginning July 1 and ending the next June 30. See
seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
Secretary: means the Secretary of Human Services. See
Secretary: means the head of the Agency who shall be a member of the Governor's Cabinet responsible directly to the Governor for the administration of the Agency. See
Secretary: means the Secretary of Education. See
Secure residential recovery facility: means a residential facility, licensed as a therapeutic community residence as defined in 33 V. See
Selectboard: includes village trustees and city councils. See
Selectmen: includes village trustees and aldermen. See
Serious bodily injury: means the same as in section 1912 of this title. See
Service: means support or service provided, funded, or coordinated by the Department. See
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
sexual orientation: means female or male homosexuality, heterosexuality, or bisexuality. See
State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See
State Board: means the State Board of Education established by chapter 3 of this title. See
State Health Improvement Plan: means the plan developed under section 9405 of this title. See
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
submitting party: means :
Subpoena: A command to a witness to appear and give testimony.
Summons: Another word for subpoena used by the criminal justice system.
Superintendent: means the chief executive officer of a supervisory union and each school board within it. See
Supervisory district: means a supervisory union that consists of only one school district, which may be a unified union district. See
Supervisory union: means an administrative, planning, and educational service unit created by the State Board under section 261 of this title, that consists of two or more school districts; if the context clearly allows, the term also means a supervisory district. See
Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
Surrogate: means an interested individual who provides or withholds, pursuant to subchapter 2 of this chapter, informed consent for a do-not-resuscitate order or a clinician order for life-sustaining treatment. See
Suspend: means to terminate the applicability of all or part of an advance directive for a specific period of time or while a specific condition exists. See
sworn: shall include affirmed. See
System of care plan: means the plan adopted pursuant to section 8725 of this title and that describes funding and services to be provided to people with developmental disabilities and their families. See
Testator: A male person who leaves a will at death.
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Throughway: means a highway specially designated giving traffic traveling on the throughway the right of way at all intersections. See
Throughway: means a highway specially designated giving traffic traveling on the throughway the right of way at all intersections. See
To offer: when used in connection with health services, means that a health care provider holds itself out as capable of providing, or as having the means for the provision of, specified health services. See
Town: includes incorporated villages and cities. See
Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
Town: includes incorporated villages and cities. See
town: means a city or incorporated village. See
town clerk: means the elected clerk of that member district. See
town school district: means a city school district, or incorporated school district, and does not mean a union school district. See
Traffic Committee: consists of the Secretary of Transportation or designee, the Commissioner of Motor Vehicles or designee, and the Commissioner of Public Safety or designee and is responsible for establishing speed zones, parking and no parking areas, rules for use of limited access highways, approval of the testing of automated vehicles as defined in 23 V. See
Trail: means a public right-of-way that is not a highway and that:
Transitional period: means the period of time beginning on the day on which a union school district becomes a legal entity pursuant to section 713 (certification of votes) of this chapter and continuing until its operational date. See
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trust Fund: means the Tobacco Trust Fund established by this chapter. See
Trustee: A person or institution holding and administering property in trust.
Unified union school district: means a union school district organized to provide for the education of the district's resident students in all grades, prekindergarten through grade 12. See
union district: includes a union elementary school district, union high school district, and unified union school district unless the context clearly limits it to fewer than all options. See
Union school district: means a municipality formed under the provisions of this chapter that is governed by a single publicly elected board and that is responsible for the education of students residing in two or more towns in the grades for which the district is organized by:
Utility: means a privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with the highway drainage, or any other similar commodity, including any fire or police signal system or highway lighting system, which directly or indirectly serves the public. See
Venue: The geographical location in which a case is tried.
Village: shall mean an incorporated village. See
Warm line: means a nonemergency telephone response line operated by trained peers for the purpose of active listening and assistance with problem-solving for persons in need of such support. See
Weighted voting: means a system, sometimes used in the "proportional to town population" model of union school district board membership, set forth in subdivisions 711(d)(1), 711(e)(1), 730(a)(1), 748(a)(1), and 748(b)(1) of this chapter, where proportionality is achieved by assigning a different number of votes to each board member. See
Wellness services: means health services, programs, or activities that focus on the promotion or maintenance of good health. See
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writing: means a written communication, including a letter, fax, e-mail, or other electronic format that may be prescribed by the Secretary of State. See