Details for Proposed State Rules

Updated

PROPOSED STATE RULES

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By law, public notice of proposed rules must be given by publication in newspapers
of record. The purpose of these notices is to give the public a chance to respond to
the proposals. The public notices for administrative rules are now also available
online at https://secure.vermont.gov/SOS/rules/. The law requires an agency to hold
a public hearing on a proposed rule, if requested to do so in writing by 25 persons
or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please
call or write the contact person listed below as soon as possible.
To obtain further information concerning any scheduled hearing(s), obtain copies of
proposed rule(s) or submit comments regarding proposed rule(s), please call or write
the contact person listed below. You may also submit comments in writing to the
Legislative Committee on Administrative Rules, State House, Montpelier, Vermont
05602 (802-828-2231).
--------------------------------------------------------------------------------------------------------------------------Chemicals of High Concern in Children's Products Rule.
Vermont Proposed Rule: 19P074
AGENCY: Agency of Human Services, Department of Health
CONCISE SUMMARY: This proposal expands the definition of formaldehyde to
include "formaldehyde donors", which are the substances that are intentionally
added to a product to degrade to and release formaldehyde as a preservative. Per
Act 75 (2019) § 5, this proposal also establishes the requirements for when and how
a manufacturer of a children's product provides the notice required under subsection
1775(a) of this title when the manufacturer intends to introduce the children's
product for sale between the required dates for reporting.
FOR FURTHER INFORMATION, CONTACT: David Englander, Department of Health
108 Cherry Street,
Burlington, VT 05401 Tel: 802-863-7280 Fax: 802-951-1275 Email: ahs.vdhrules@
vermont.gov URL: http://www.healthvermont.gov/about-us/laws-regulations/rulesand-regulations.
FOR COPIES: Brendan Atwood, Department of Health, 108 Cherry Street, Burlington,
VT 05401 Tel: 802-863-7280 Fax: 802-951-1275 Email: ahs.vdhrules@vermont.gov.
--------------------------------------------------------------------------------------------------------------------------Combined Newspaper Advertisement for AHS Administrative Rulemaking
The four rules below are being promulgated by the Agency of Human Services (AHS)
which has requested the notices be combined to facilitate a savings for the agency.
When contacting AHS about these rules, please note the title and rule number of
the rule(s) you are interested in.
Amended:
•

Ambulance Services: 19P075

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Non-Emergency Medical Transportation: 19P076

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Medical Necessity for Covered Services: 19P077

•

Early and Periodic Screening, Diagnostic and Treatment: 19P078

AGENCY: Agency of Human Services
CONCISE SUMMARY: The proposed rules above set forth the criteria for coverage and
service delivery for the Medicaid program. These rules are part of the sequential adoption
of Health Care Administrative Rules designed to improve public accessibility and
comprehension of the rules under Vermont's Medicaid program. The amendments to
each of the four rules align each rule with relevant federal and state law and guidance.
The amendment to the Ambulance Services rule clarifies which providers may sign the
physician certification statement and clarifies limitations in coverage. The amendment to
the Transportation Services rule clarifies that the rule does not include emergency
transportation, clarifies limitations on covered services, and establishes definitions. The
amendment to the Medical Necessity rule provides the medical necessity standard for
Medicaid beneficiaries under 21 years old, and aligns the medical necessity standard with
current practice that medical necessity is found when the requirements of clinical criteria
adopted by Medicaid have been met, when a service is the least costly, appropriate
service that is available, when a service is not solely for the convenience of a caregiver
or provider, and a service is supported by documentation of medical evidence in the
beneficiary’s medical records. The Early and Periodic Screening, Diagnostic and Treatment
(EPSDT) rule clarifies requirements under EPSDT for beneficiaries under age 21.
FOR FURTHER INFORMATION, CONTACT: Linda Narrow McLemore, Agency of
Human Services, 280 State Drive, Waterbury, VT 05671-1000; Tel: 802-779-3258; Fax:
802-241-0450; E-mail: linda.mclemore@vermont.gov; URL: http://humanservices.
vermont.gov/on-line-rules.

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