Vermont § 9435 - Exclusions

§ 9435. Exclusions

• (a) Excluded from this subchapter are offices of physicians, dentists, or other practitioners
  of the healing arts, meaning the physical places that are occupied by such providers
  on a regular basis in which such providers perform the range of diagnostic and treatment
  services usually performed by such providers on an outpatient basis unless they are
  subject to review under subdivision 9434(a)(4) of this title. (b) Excluded from this subchapter are community mental health or developmental disability
  center health care projects proposed by a designated agency and supervised by the
  Commissioner of Mental Health or the Commissioner of Disabilities, Aging, and Independent
  Living, or both, depending on the circumstances and subject matter of the project,
  provided the appropriate Commissioner or Commissioners make a written approval of
  the proposed health care project. The designated agency shall submit a copy of the
  approval with a letter of intent to the Board. (c) The provisions of subsection (a) of this section shall not apply to offices owned,
  operated, or leased by a hospital or its subsidiary, parent, or holding company, outpatient
  diagnostic or therapy programs, kidney disease treatment centers, independent diagnostic
  laboratories, cardiac catheterization laboratories, radiation therapy facilities,
  ambulatory surgical centers, and diagnostic imaging facilities and similar facilities
  owned or operated by a physician, dentist, or other practitioner of the healing arts. (d) Excluded from this subchapter are redesignations, designation revocations, and collaborative
  agreements of home health agencies subject to the supervision of the Commissioner
  of Disabilities, Aging, and Independent Living under 33 V.S.A. chapter 5. (e) Upon request under 8 V.S.A. § 5102(f) by a Program for All-Inclusive Care for the Elderly (PACE) authorized under federal
  Medicare law, or by a Prepaid Inpatient Health Plan (PIHP) or Prepaid Ambulatory Health
  Plan (PAHP) established in accordance with federal Medicare or Medicaid laws and regulations,
  the Board may approve the exemption of the PACE program, PIHP, or PAHP from the provisions
  of this subchapter and from any other provisions of this chapter if the Board determines
  that the purposes of this subchapter and the purposes of any other provision of this
  chapter will not be materially and adversely affected by the exemption. In approving
  an exemption, the Board may prescribe such terms and conditions as the Board deems
  necessary to carry out the purposes of this subchapter and this chapter. (f)(1) Excluded from this subchapter are routine replacements of: (A) medical equipment that is fully depreciated; and (B) nonmedical equipment and fixtures, including furnaces, boilers, refrigeration units,
  kitchen equipment, heating and cooling units, and similar items, regardless of their
  remaining useful life. (2) The replacements described in subdivision (1) of this subsection and purchased by
  a hospital shall be included in the hospital’s budget and may be reviewed in the budget
  process set forth in subchapter 7 of this chapter. (g) With the approval of the Commissioner of Health, excluded from this subchapter is
  a facility in which the prescription, distribution, or administration of medication
  for opioid use disorder is a principal activity. (h) Excluded from this subchapter are overdose prevention centers established and operated
  in accordance with section 4256 of this title. (i) Excluded from this subchapter are emergency and nonemergency ground ambulance services,
  affiliated agencies, and equipment and supplies used by emergency medical personnel,
  as those terms are defined in 24 V.S.A. § 2651. (j) Excluded from this subchapter are the offering of a health care service, or the construction,
  development, purchase, renovation, or other establishment of a health care facility,
  that is owned or operated by the State of Vermont or is funded in whole or in substantial
  part by a contract or grant awarded by the State of Vermont; provided, however, that
  the State agency sponsoring the project or awarding the contract or grant shall inform
  the Green Mountain Care Board prior to commencing the project or within 30 days following
  the execution of the contract or grant. (k) Excluded from this subchapter are expenditures by a hospital that are necessary to
  implement the security plan required pursuant to section 1911b of this title. (l) Excluded from this subchapter are birth centers that are licensed pursuant to chapter
  53 of this title or are proposed to be established and licensed pursuant to chapter
  53 of this title. (Added 1979, No. 65, § 1; amended 1981, No. 233 (Adj. Sess.), § 14a, eff. May 4, 1982; 1985, No. 234 (Adj. Sess.), § 3; 1989, No. 180 (Adj. Sess.), § 3; 2003, No. 53, § 11; 2005, No. 57, § 5, eff. June 13, 2005; 2005, No. 71, § 77d; 2005, No. 88 (Adj. Sess.), § 3, eff. Feb. 15, 2006; 2005, No. 174 (Adj. Sess.), § 50; 2007, No. 15, § 18; 2007, No. 178 (Adj. Sess.), § 8; 2011, No. 171 (Adj. Sess.), § 16a, eff. Jan. 1, 2013; 2017, No. 167 (Adj. Sess.), § 6; 2023, No. 87 (Adj. Sess.), § 81, eff. March 13, 2024; 2023, No. 178 (Adj. Sess.), § 1a, eff. June 17, 2024; 2025, No. 9, § 2, eff. July 1, 2025; 2025, No. 15, § 2, eff. May 13, 2025; 2025, No. 19, § 3, eff. July 1, 2025.)