Vermont § 8911 - Powers of the Commissioners

§ 8911. Powers of the Commissioners

• (a) If the Commissioners after discussion with the board of a community mental health
  and developmental disability agency determine that the local community services plan
  required by section 8908 of this chapter is inadequate to meet the needs of persons
  with a mental condition or psychiatric disability or with developmental disabilities
  or children and adolescents with a severe emotional disturbance in accordance with
  the provisions of 33 V.S.A. chapter 43 in the area served by a mental health and developmental
  disability agency or that an agency has, for reasons other than lack of resources,
  failed or refused to implement an otherwise adequate plan, the Commissioners shall
  take one or more of the following steps: (1) Offer technical assistance to the agency. (2) Actively seek out and designate another agency to provide the needed services. (3) Directly provide or arrange the needed services if it appears that the services will
  not otherwise be available within a reasonable period of time. The remedies specified
  in this subsection shall be in addition to any other rights and remedies that are
  available to the Commissioner under State or federal law. (b) Until May 1, 1998, no agency that has been designated as a community mental health
  agency may lose its designation without first being provided with notice and an opportunity
  for hearing in accordance with the provisions of 3 V.S.A. §§ 809-813. After May 1, 1998, no agency may lose its designation except in accordance with
  new rules adopted for that purpose under the provisions of this subsection. Notwithstanding
  any other provisions to the contrary in 3 V.S.A. chapter 25, the Commissioner shall,
  in consultation with the designated provider system and consumer groups, develop proposed
  rules setting forth the standards and procedures for designation, redesignation, and
  loss of designation, and provide for six months’ notice of intent to revoke an agency’s
  designation. The proposed rules shall also provide standards with measurable performance-based
  criteria and a streamlined appeals process. On or before December 31, 1997, the Commissioner
  shall file and hold public hearings on the proposed rules as provided in 3 V.S.A. §§ 838, 839, and 840 in accordance with 3 V.S.A. chapter 25. The Commissioner shall file the final proposed
  rules with the General Assembly on or before January 15, 1998. Unless disapproved
  by act of the General Assembly on or before April 1, 1998, the Commissioner may adopt
  the rules by filing with the Secretary of State, which rules shall take effect on
  May 1, 1998. (c) The board of directors of a community mental health and developmental disability agency
  will be given a six-month notice of any intent on the part of the Commissioners to
  terminate its designated status. The Commissioners shall provide a written notice
  that outlines the performance based rationale associated with such intent. The board
  of directors shall have six months to review the Commissioners’ stated concerns and
  implement a corrective action plan. The board of directors shall also be informed,
  in writing, of current standards and procedures regarding appeal processes. (Added 1979, No. 108 (Adj. Sess.), § 6; amended 1987, No. 264 (Adj. Sess.), § 13; 1997, No. 61, § 140a; 2005, No. 174 (Adj. Sess.), § 47; 2013, No. 96 (Adj. Sess.), § 115.)