Terms Used In Vermont Statutes Title 33 Sec. 7215

  • Facility: means a residential care home, nursing home, assisted living residence, home for persons who are terminally ill, or therapeutic community residence licensed or required to be licensed pursuant to the provisions of this chapter. See
  • Licensee: means any person, other than a receiver appointed under this chapter, which is licensed or required to be licensed to operate a facility. See
  • Licensing agency: means the Agency of Human Services or the department or division within the Agency as the Secretary of Human Services may designate. See
  • Nursing home: means an institution or distinct part of an institution that is primarily engaged in providing to its residents any of the following:

  • Owner: means the holder of the title to the property on or in which the facility is maintained. 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

§ 7215. Obligations of the owner or licensee

(a) A licensee, owner, manager, employee, or such person‘s agent shall cooperate with the receiver in any proceeding under this chapter, including replying promptly to any inquiry from the receiver or the licensing agency requesting a reply and making available to the receiver any books, accounts, documents, or other records or information or property pertaining to operation of the facility in his or her possession, custody, or control. A person shall not obstruct or interfere with the receiver in the conduct of any receivership.

(b) This section shall not be construed to abridge otherwise existing legal rights, including the right to resist a petition for receivership or revocation or suspension of licensure.

(c)(1) After notice of the receiver’s appointment, a person who fails to cooperate with the receiver or any person who obstructs or interferes with the receiver in the conduct of the receivership shall be assessed a civil penalty of not more than $10,000.00.

(2) A person who violates this subsection may be subject to the revocation or suspension of a nursing home administrator’s license or a license to operate a facility. (Added 2009, No. 36, § 2.)