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Health Care Administrative Rules (HCAR) 7.102 — Choices for Care (GCR 19-059)

VermontregulationVermont Agency of Human Services; Department of Disabilities, Aging and Independent Living (DAIL); Department of Vermont Health Access (DVHA)· effective 2020-04-15

What this rule requires your agency to do

  • 1The State's quality management system shall include a process for ensuring that suspected abuse, neglect and exploitation is reported and addressed, and a process for monitoring provider performance including incident reports (7.102.12(d)).(Health Care Administrative Rules (HCAR) 7.102 — Choices for Care (GCR 19-059))
  • 2Service providers shall comply with the requirements of the quality management system, including survey and certification procedures established by the State (7.102.12(e)).(Health Care Administrative Rules (HCAR) 7.102 — Choices for Care (GCR 19-059))
  • 3When a provider terminates or reduces services, providers must send a written notice to the individual containing the reasons for the action, effective date, right to continuation of services, and appeal rights; Designated Home Health Agencies must follow the Vermont Designation rules (7.102.11(b)).(Health Care Administrative Rules (HCAR) 7.102 — Choices for Care (GCR 19-059))
  • 4Adult Family Care must be provided by an approved unlicensed home provider (max two individuals per setting) and managed by an agency authorized by DAIL (7.102.2(c),(f)).(Health Care Administrative Rules (HCAR) 7.102 — Choices for Care (GCR 19-059))
  • 5All CFC provider agencies must participate in quality management activities as defined by DAIL (7.102.7(c)).(Health Care Administrative Rules (HCAR) 7.102 — Choices for Care (GCR 19-059))
  • 6All Choices for Care providers must be pre-approved by DAIL and shall abide by applicable laws, regulations, policies and procedures; DAIL may terminate the provider status of an agency, organization, or individual that fails to do so (7.102.7(a)).(Health Care Administrative Rules (HCAR) 7.102 — Choices for Care (GCR 19-059))
  • 7All CFC provider agencies shall comply with all program standards, including the Universal Provider Standards, as well as program limitations set forth in the program manual, including compliance with federal HCBS regulations regarding person-centered planning, conflict of interest and setting requirements (42 CFR § 441 Subpart G) (7.102.7(b)).(Health Care Administrative Rules (HCAR) 7.102 — Choices for Care (GCR 19-059))
  • 8Prior to termination of services, the provider must consult with DAIL program staff and, once decided, must notify the participant in writing according to section 7.102.11 (7.102.9(c)).(Health Care Administrative Rules (HCAR) 7.102 — Choices for Care (GCR 19-059))

Applies to: personal care

Vermont's rule governing the Choices for Care 1115 LTC Medicaid waiver, including covered personal care/homemaker/respite/adult family care services, eligibility groups, provider qualifications (Universal Provider Standards, HCBS conflict-of-interest/setting requirements), authorization, terminations, and quality management/incident reporting.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.