Terms Used In Vermont Statutes Title 8 Sec. 8010

  • Continuing care: means the furnishing in a facility, pursuant to a continuing care contract, of board and a variety of living arrangements together with nursing, medical, health and health-related services, assistance with the personal activities of daily living, or any combination of these services, including a priority commitment for nursing care, to two or more individuals who are not related by consanguinity or affinity to the person furnishing such care, for a term in excess of one year or for the duration of that individual's life, including mutually terminable contracts. See
  • Continuing care contract: means a contract under which a provider is to furnish continuing care to a specified individual in return for payment of an entrance fee that is in addition to, or in lieu of, the payment of regular periodic charges for the care and services involved. See
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Financial Regulation. See
  • Facility: means a place or places in which a resident receives continuing care. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Provider: means the person who enters into a contract to provide continuing care to a resident. See
  • Resident: means the individual designated in a continuing care contract as the one who is to receive continuing care. 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

§ 8010. Disclosure

(a) A provider shall maintain financial records for the facility, including independently audited financial statements, and copies of all inspection reports pertaining to that facility that have been issued by any governmental agency and filed with the provider. A copy of each such report shall be retained in the facility’s records for not less than five years from the date the report is filed or issued. Each facility shall also maintain all annual reports and statements that have been filed with the Department or any state, local, or federal agency. The records and information required to be maintained under this section shall be available for review upon request by residents and applicants during normal business hours. Copies of these documents will be provided for a reasonable copying fee.

(b) Notwithstanding the provisions of subsection (a) of this section, records, reports, or documents, which by state or federal law or regulation are deemed confidential, shall not be distributed or made available until such confidential status has expired.

(c) Every provider shall prepare a summary of the most recent audited financial statement, indicating in the summary where the contents of the complete statement may be inspected. A copy of the statement shall be maintained at the facility, and a copy of the summary shall be prominently displayed in the facility.

(d) Proposed changes in policies, programs, and services shall be posted and explained to residents.

(e) Before entering into a contract to furnish continuing care, the provider, or the agent of the provider, shall provide the prospective resident or his or her legal representative with the following information:

(1) a copy of the continuing care contract form;

(2) a summary of the provider’s most recent annual financial statement; and

(3) such additional information as may be required by the Department. (Added 1987, No. 247 (Adj. Sess.), § 1.)