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LCAR approves correction to residential care home rule, restores 60-day timeframe for home health services
Summary
The Department of Disabilities, Aging and Independent Living asked LCAR to correct a drafting error in rule 23 P44 so two cross-referenced provisions both read 60 days for home health services provided when a residential care home cannot readily provide them. Committee reconsidered and approved the correction unanimously.
Stuart Shurer, general counsel for the Department of Disabilities, Aging and Independent Living, returned Sept. 19 to ask the committee to correct a drafting error in an adopted rule. The rule originally required home health services as agreed between provider and resident for up to 60 days and required a variance if skilled nursing services continued beyond 60 days; a second cross-reference had been left at 30 days in error.
Shurer said the department and the stakeholders who testified — Vermont Legal Aid, the Senior Citizens Law Project, the Long Term Care Ombudsman and the Vermont Healthcare Association — agreed no party objected to restoring the intended 60-day period in both places. The committee voted to reconsider the prior vote and then approved the rule as amended.
Outcome: LCAR approved the corrected rule text; the department will proceed with adoption consistent with the committee’s action.
