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Housekeeping bill H611 would alter DVHA reporting, delay doula state‑plan deadline and raise prepaid burial allowance

Senate Health and Welfare Committee · March 19, 2026

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Summary

H611, a Department of Vermont Health Access housekeeping bill, would remove a DVHA drug‑price list requirement, delay the Medicaid doula state‑plan submission to 07/01/2027, raise the prepaid burial allowance from $10,000 to $15,000 (CMS approval required), and make technical changes to advisory committee membership and a clinical utilization board.

The Senate Health and Welfare Committee reviewed H611, a housekeeping bill filed for the Department of Vermont Health Access (DVHA) that bundles multiple technical and policy changes affecting Medicaid and related programs.

Legislative counsel Harvey said the bill removes DVHA’s statutory duty to create an annual list of prescription drugs with sharp price increases and provide it to the Attorney General’s Office for inquiry, noting DVHA has been limited in sharing drug‑specific net‑price data because of federal restrictions. “DVHA is federally prohibited from sharing drug specific net cost information,” Harvey said, and that has reduced the usefulness of the prior reporting arrangement.

Section highlights described to the committee included:

- Drug‑price reporting: The bill would eliminate the DVHA requirement to compile and submit an annual list of up to 10 prescription drugs whose wholesale acquisition cost rose by 50% or more over five years or by 15% or more in the previous calendar year and instead leave the listing requirement with health insurers and the Attorney General’s inquiry process.

- 340B and federal preemption: Counsel warned that language addressing 340B contract pharmacies and manufacturer discount/rebate timing may be subject to federal litigation or preemption, and H611 proposes removing or altering that state language to reduce legal exposure.

- Advisory committee membership: H611 would revise membership language for the combined Medicaid and Exchange Advisory Committee to meet a new federal requirement that some members overlap with the beneficiary advisory committee and to update appointment and term language.

- Clinical Utilization Review Board: The bill adjusts the board’s statutory language to require a minimum (rather than fixed) membership, corrects titles, allows staggered terms, and retains a quarterly meeting requirement.

- Prepaid burial limit: Subject to CMS approval, the bill would increase the amount Medicaid applicants may hold in irrevocable prepaid burial arrangements from $10,000 to $15,000 and maintains Medicaid estate‑recovery recoupment rules for unspent funds.

- Doula coverage timing: H611 delays the statutory date by which DVHA must pursue a Medicaid state‑plan amendment to cover doula services from 07/01/2026 to 07/01/2027, giving DVHA additional time to prepare the submission to CMS; the bill would preserve the federal state‑plan process and noted that the effective date depends on CMS approval.

Committee members pressed for testimony from DVHA and other affected stakeholders, asked whether the House and Senate versions aligned on effective dates (House had a 2027 date in an amended version; earlier drafts considered 2028), and requested copies of DVHA reports and the Attorney General’s drug pricing reports to evaluate the change. No committee vote was taken; the chair directed staff to schedule DVHA and stakeholder testimony before any action.

The committee also previewed a proposed amendment to S193 (forensic facility bill) developed with staff; members will consider adding that amendment in a later session when staff and stakeholders are available.