Proposed State Rules | General Notices | Seven Days | Vermont's Independent Voice

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Proposed State Rules 

Published September 14, 2022 at 10:00 a.m. | Updated September 14, 2022 at 10:24 a.m.

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).

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Disability Services-Developmental Services

Vermont Proposed Rule: 22P023

AGENCY: Agency of Human Services, Department of Disabilities, Aging and Independent Living (DAIL)

CONCISE SUMMARY: The purpose of this rule is to fulfill the requirements of the Developmental Disabilities Act (DD Act), to include specific details for its implementation. The effective date of the last adopted rule was October 1, 2017. Since then, 2022 Acts and Resolves No. 186 eliminated the requirement in 18 V.S.A. § 8725 that certain categories of the Developmental Services System of Care Plan be adopted by rule. Further, the federal rules relating to Medicaid grievances and appeals have been amended. Finally, the Vermont Supreme Court's decision in In re: R.R., 2019 VT 31, requires that the Standard Error of Measurement (SEM) for IQ tests, including IQ scores of 75 or below, be considered when determining eligibility for services. The proposed language includes IQ scores of 75 or below when accounting for the SEM. Other amendments to the rule include formatting, as well as updates to align with current practice in the administration of the Developmental Services program.

FOR FURTHER INFORMATION, CONTACT: Clare McFadden Department of Disabilities, Aging and Independent Living / Developmental Disabilities Services Division (DAIL/DDSD), 280 State Drive, Waterbury, VT 05671-2030 Tel: 802-585-5396 Fax: 802-241-0410 Email: clare.mcfadden@vermont.gov URL: https://www.dail.vermont .gov.

FOR COPIES: Stuart Schurr, General Counsel, Department of Disabilities, Aging and Independent Living, 280 State Drive, HC2 South Waterbury, VT 05671-2020 Tel: 802-241-0353 Fax: 802-241-0386 Email: stuart.schurr@vermont.gov.

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