VERMONT
The Vermont General Assembly addressed two major issues during the 2002 session: elder abuse and home and community-based care. New assisted living regulations defined the nature of the facilities and prohibited the facilities from admitting people with serious medical conditions.
Elder Abuse
The elder abuse law was amended to expand the definition of "abuse" to include sexual activity by a paid or unpaid caregiver and behavior that should reasonably be expected to result in intimidation, fear, humiliation, degradation, agitation, disorientation or other emotional distress.
The definition of "neglect" also was amended to include purposeful or reckless failure or omission by a caregiver to maintain the health or safety of a vulnerable adult or to protect a vulnerable adult from abuse, neglect or exploitation by others. Neglect also would involve failing to carry out a plan of care for a vulnerable adult that could result in physical or psychological harm or a substantial risk of death, or failing to report significant changes in the health status of a vulnerable adult to health care providers or the caregiver's organization.
Planning and Reports
Lawmakers also established an Olmstead advisory commission in the Agency of Human Services to determine the barriers that prevent people with disabilities from living in the most integrated settings. The commission will examine the current allocation of resources and identify additional resources needed to ensure that waiting lists for community-based services move at a reasonable pace.
Assisted Living
Assisted living regulations that became effective on March 15, 2003, define "assisted living residence" as a program or facility that combines housing, health and supportive services to support resident independence and aging in place. The rules stipulate that an assisted living facility should not admit anyone who has a serious medical condition or who needs specialized equipment such as ventilators or respirators. However, if a resident developed a need for such equipment, he or she could remain in the facility if it could safely meet the person's needs or those needs could be met by an "appropriate licensed provider."
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