Vermont Statutes Title 18 Sec. 9445
Terms Used In Vermont Statutes Title 18 Sec. 9445
- 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.
- Board: means the Green Mountain Care Board established in chapter 220 of this title. See
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. 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 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
- Hospital: means an acute care hospital licensed under chapter 43 of this title. See
- Person: means any individual, company, corporation, association, partnership, the U. See
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- 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
§ 9445. Enforcement
(a) Any person who offers or develops any new health care project within the meaning of this subchapter without first obtaining a certificate of need as required by this subchapter, or who otherwise violates any of the provisions of this subchapter or any rule adopted or order issued pursuant to this subchapter, may be subject to one or both of the following administrative sanctions by the Board, after notice and an opportunity to be heard:
(1) The Board may order that no license or certificate permitted to be issued by any State agency may be issued to any health care facility to operate, offer, or develop any new health care project for a specified period of time, or that remedial conditions be attached to the issuance of such licenses or certificates.
(2) The Board may order that payments or reimbursements to the entity for claims made under any health insurance policy, subscriber contract, or health benefit plan offered or administered by any public or private health insurer, including the Medicaid program and any other health benefit program administered by the State be denied, reduced, or limited, and in the case of a hospital that the hospital’s annual budget approved under subchapter 7 of this chapter be adjusted, modified, or reduced.
(b) In addition to all other sanctions, if any person offers or develops any new health care project without first having been issued a certificate of need or certificate of exemption for the project, or violates any other provision of this subchapter or any rule adopted or order issued pursuant to this subchapter, the Board, the Office of the Health Care Advocate, the State Long-Term Care Ombudsman, and health care providers and consumers located in the State shall have standing to maintain a civil action in the Superior Court of the county in which such alleged violation has occurred, or in which such person may be found, to enjoin, restrain, or prevent such violation. Upon written request by the Board, it shall be the duty of the Vermont Attorney General to furnish appropriate legal services and to prosecute an action for injunctive relief to an appropriate conclusion, which shall not be reimbursed under subdivision (a)(2) of this section.
(c)(1) After notice and an opportunity for hearing, the Board may impose on a person who violates a provision of this subchapter or a rule adopted or order issued pursuant to this subchapter, one or more of the following:
(A) a civil administrative penalty of not more than $75,000.00, or in the case of a continuing violation, a civil administrative penalty of not more than $200,000.00 or one-tenth of one percent of the gross annual revenues of the health care facility, whichever is greater, which shall not be reimbursed under subdivision (a)(2) of this section;
(B) an order that the person cease and desist from further violations; and
(C) any such other actions necessary to remediate a violation.
(2) A person aggrieved by a decision of the Board under this subchapter may appeal under section 9381 of this title.
(d) The Board shall adopt by rule criteria for assessing the circumstances in which a violation of a provision of this subchapter, a rule adopted pursuant to this subchapter, or the terms or conditions of a certificate of need require that a penalty under this section shall be imposed, and criteria for assessing the circumstances in which a penalty under this section may be imposed. (Added 1979, No. 65, § 1; amended 1991, No. 160 (Adj. Sess.), § 36, eff. May 11, 1992; 1995, No. 180 (Adj. Sess.), § 38(a); 2003, No. 53, § 19; 2007, No. 139 (Adj. Sess.), §§ 5c, 7; 2011, No. 171 (Adj. Sess.), § 21a, eff. Jan. 1, 2013; 2013, No. 79, § 35f, eff. Jan. 1, 2014; 2015, No. 54, § 41; 2017, No. 167 (Adj. Sess.), § 6.)