Vermont S 36: An act relating to collective bargaining

Bill Text

No. 22 Page 1 of 7
2025

VT LEG #383898 v.1
No. 22. An act relating to the delivery and payment of certain services
provided through the Agency of Human Services, services for persons who
are incapacitated, and Human Services Board proceedings.
(S.36)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 33 V.S.A. § 1901n is added to read:
§ 1901n. HIGH-INTENSITY RESIDENTIAL TREATMENT FOR
SUBSTANCE USE DISORDER AND CO-OCCURRING
MENTAL CONDITIONS
(a) The Agency of Human Services shall provide coverage for medically
necessary high-intensity, medically monitored residential treatment episodes to
Medicaid beneficiaries with substance use disorder and a co-occurring mental
health condition when medically necessary high-intensity, medically
monitored residential treatment episodes are prescribed by a health care
professional employed by a residential treatment program who is practicing
within the scope of the health professional’s license and the residential
treatment program is participating in Vermont’s Medicaid program.
(b) Coverage provided under this section shall be for the entire length of
stay prescribed by a health care professional employed by a residential
treatment program, who shall take into account current best practices for each
level of care within the substance use continuum of care.

No. 22 Page 2 of 7
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VT LEG #383898 v.1
Sec. 2. 33 V.S.A. § 1901o is added to read:
§ 1901o. LOW-INTENSITY RESIDENTIAL TREATMENT FOR
SUBSTANCE USE DISORDER AND CO-OCCURRING
MENTAL CONDITIONS
(a) The Agency of Human Services shall provide coverage for medically
necessary low-intensity, clinically managed residential treatment episodes to
Medicaid beneficiaries with substance use disorder and a co-occurring mental
health condition when medically necessary low-intensity, clinically managed
residential treatment episodes are prescribed by a health care professional
employed by a residential treatment program who is practicing within the
scope of the health care professional’s license and the residential treatment
program is participating in Vermont’s Medicaid program.
(b) Coverage provided under this section shall be for the entire length of
stay prescribed by a health care professional employed by a residential
treatment program, who shall take into account current best practices for levels
of care within the substance use continuum of care.
Sec. 3. REPORT; MEDICAID PAYMENT MODEL FOR RESIDENTIAL
SUBSTANCE USE DISORDER TREATMENT SERVICES
The Agency of Human Services shall conduct a review of the Medicaid
payment model for residential substance use disorder treatment services with
special consideration given to the actual cost of providing residential treatment
services, commensurate with length of stay, co-occurring physical and mental

No. 22 Page 3 of 7
2025

VT LEG #383898 v.1
health needs, and postresidential treatment service needs. The results of the
review shall be submitted to the House Committee on Human Services and the
Senate Committee on Health and Welfare on or before December 1, 2025. The
review shall include recommendations and proposed legislation to:
(1) align the Medicaid payment model with the clinical needs of
individuals receiving residential substance use disorder treatment services; and
(2) ensure coordinated transitions between residential substance use
disorder treatment providers offering varying acuity of care.
Sec. 4. REPEAL
2019 Acts and Resolves No. 6, Secs. 99 and 100 (amendments to 18 V.S.A.
§§ 4810(d)–(j) and 4811 that prohibited persons who are incapacitated from
being incarcerated in a Department of Corrections’ facility) are repealed.
Sec. 5. 2019 Acts and Resolves No. 6, Sec. 105 is amended to read:
Sec. 105. EFFECTIVE DATES
* * *
(c) Secs. 99 and 100 (amending 18 V.S.A. §§ 4910 and 4811) shall take
effect on July 1, 2025. [Deleted.]
* * *

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VT LEG #383898 v.1
Sec. 6. REPORTS; SERVICES AND PROGRAMMING FOR PERSONS
WHO ARE INCAPACITATED
(a)(1) The Departments of Health and of Mental Health’s existing plan to
expand services and programming for persons who are incapacitated pursuant
to 18 V.S.A. § 4810 shall prioritize Chittenden County.
(2) On or before February 15, 2026, the Departments of Health and of
Mental Health shall jointly provide a presentation to the House Committees on
Health Care and on Human Services and to the Senate Committee on Health
and Welfare describing efforts to expand services and programming for
persons who are incapacitated pursuant to subdivision (1) of this subsection.
(b) On or before February 15, 2026, the Department of Corrections shall
provide a presentation to the House Committees on Corrections and
Institutions, on Health Care, and on Human Services and to the Senate
Committees on Institutions and on Health and Welfare describing efforts to
reinstate the practice of connecting persons who are in a correctional facility
due to incapacitation pursuant to 18 V.S.A. § 4810 with appropriate
community-base