Vermont H 80: An act relating to the Office of the Health Care Advocate

Bill Text

No. 6 Page 1 of 10
2025

VT LEG #383133 v.1
No. 6. An act relating to the Office of the Health Care Advocate.
(H.80)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 8 V.S.A. § 4062 is amended to read:
§ 4062. FILING AND APPROVAL OF POLICY FORMS AND PREMIUMS
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(c)(1) The Board shall provide information to the public on the Board’s
website about the public availability of the filings and summaries required
under this section.
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(3)(A) In addition to the public comment provisions set forth in this
subsection (c), the Office of the Health Care Advocate established in 18 V.S.A.
chapter 229, acting on behalf of health insurance consumers in this State, may,
within 30 calendar days after the Board receives an insurer’s rate request
pursuant to this section, submit to the Board, in writing, suggested questions
regarding with a substantial relationship to the rate filing for and review
criteria that the Board to provide to shall ask the insurer, either directly or
through its contracting actuary, if any.
(B) The Office of the Health Care Advocate may also submit to the
Board written comments on an insurer’s rate request. The Board shall post the
comments on its website and shall consider the comments prior to issuing its
decision.

No. 6 Page 2 of 10
2025

VT LEG #383133 v.1
(d)(1) No later than 60 calendar days after receiving an insurer’s rate
request pursuant to this section, the Green Mountain Care Board shall make
available to the public the insurer’s rate filing, the Department’s analysis and
opinion of the effect of the proposed rate on the insurer’s solvency, and the
analysis and opinion of the rate filing by the Board’s contracting actuary, if
any.
(2) The Board shall post on its website, after redacting any confidential
or proprietary information relating to the insurer or to the insurer’s rate filing:
(A) all questions the Board poses to its contracting actuary, if any,
and the actuary’s responses to the Board’s questions; and
(B) all questions the Board, the Board’s contracting actuary, if any,
or the Department poses to the insurer and the insurer’s responses to those
questions The Green Mountain Care Board shall post on its website or
otherwise make available to the public through a file-sharing platform all
materials in the record of a rate review proceeding after redacting any
information or other material that the Board determines to be confidential or
otherwise subject to protection from disclosure by law.
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Sec. 2. 18 V.S.A. § 9440(c) is amended to read:
(c) The application process shall be as follows:
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No. 6 Page 3 of 10
2025

VT LEG #383133 v.1
(9)(A) The Office of the Health Care Advocate established under
chapter 229 of this title or, in the case of nursing homes, the Long-Term Care
Ombudsman’s Office established under 33 V.S.A. § 7502, is authorized but
not required to participate in any administrative or judicial review of an
application under this subchapter and shall be considered an interested party in
such proceedings upon filing a notice of intervention with the Board.
(B) Once either office files a notice of intervention pursuant to this
subchapter, the Board shall provide that office with the information necessary
to participate in the review process, including information about procedures,
copies of all written correspondence, and copies of all entries in the application
record for all certificate of need proceedings, regardless of whether expedited
status has been granted that office shall have the right to receive copies of all
materials related to the certificate of need application review and may:
(i) submit written questions to the Board that the Board will ask of
the applicant in advance of any hearing held in conjunction with the Board’s
review of the certificate of need application;
(ii) submit written comments for the Board’s consideration; and
(iii) ask questions and provide testimony in any hearing held in
conjunction with the Board’s review of the certificate of need application.
(C) The Office of the Health Care Advocate and the Long-Term Care
Ombudsman’s Office shall not further disclose any confidential or proprietary

No. 6 Page 4 of 10
2025

VT LEG #383133 v.1
information provided to their respective offices pursuant to this subdivision
(9).
Sec. 3. 18 V.S.A. chapter 229 is amended to read:
CHAPTER 229. OFFICE OF THE HEALTH CARE ADVOCATE
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§ 9602. OFFICE OF THE HEALTH CARE ADVOCATE; COMPOSITION
(a) The Office of the Health Care Advocate is established as an
independent voice for Vermonters that is dedicated to promoting access to
high-quality, affordable health care for all.
(b) The Agency of Human Services shall maintain the Office of the Health
Care Advocate by contract with any nonprofit organization.
(b)(c) The Office shall be administered by one or more directors, one of
whom shall be the Chief Health Care Advocate, who shall be an individual
with expertise and experience in the fields of health care and advoca