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The Senate proposes to the House to amend the bill as follows:

First:  By striking out Sec. 50 in its entirety and inserting in lieu thereof a new Sec. 50 as follows:

Sec. 50.  18 V.S.A. § 9435(b) is amended to read:

(b)  Excluded from this subchapter are community mental health and developmental disability centers supervised by the commissioner commissioners of developmental and mental health services under chapters 177 and 207 of this title, provided the commissioner of developmental and mental health services makes a written approval of commissioners of health and disabilities, aging, and independent living approve the proposed health care project in writing.  The community mental health center shall submit a copy of the approval with a letter of intent to the commissioner.

Second:  By striking out Secs. 92, 93, 98a, 142 and 143 in their entirety

Third:  By striking out Sec. 97 in its entirety and inserting in lieu thereof a new Sec. 97 as follows:

Sec. 97.  33 V.S.A. § 1904 is amended to read:


When used in this subchapter, unless otherwise indicated:

(1)  “Agency” means the agency of human services.

(2)  “Commissioner” means the commissioner of prevention, assistance, transition, and health access for children and families.

(3)  “Department” means the department of prevention, assistance, transition, and health access for children families.

(4)  “Director” means the director of the office of Vermont health access.

(5)  “Insurer” means any insurance company, prepaid health care delivery plan, self-funded employee benefit plan, pension fund, retirement system or similar entity that is under an obligation to make payments for medical services as a result of an injury, illness or disease suffered by an individual.

(5)(6)  “Legally liable representative” means a parent or person with an obligation of support to a recipient whether by contract, court order or statute.

(6)(7)  “Provider” means any person that has entered into an agreement with the state to provide any medical service.

(7)(8)  “Recipient” means any person or group of persons who receive Medicaid.

(8)(9)  “Secretary” means the secretary of the agency of human services.

(9)(10)  “Third party” means a person having an obligation to pay all or any portion of the medical expense incurred by a recipient at the time the medical service was provided.  The obligation is not discharged by virtue of being undiscovered or undeveloped at the time a Medicaid claim is paid.  Third parties include:

(A)  Medicare.

(B)  Health insurance, including health and accident but not that portion specifically designated for “income protection” which has been considered in determining recipient eligibility to participate in the Medicaid program.

(C)  Medical coverage provided in conjunction with other benefit or compensation programs including military and veteran programs or workers’ compensation.

(D)  Liability for medical expenses as agreed to or ordered in negligence suits, support settlements or trust funds.

(10)(11)  “Tobacco” means all products listed in 7 V.S.A. § 1001(4).

(11)(12)  “Tobacco manufacturer” means any person engaged in the process of designing, fabricating, assembling, producing, constructing or otherwise preparing a product containing tobacco, including packaging or labeling of these products, with the intended purpose of selling the product for gain or profit.  “Tobacco manufacturer” does not include persons whose activity is limited to growing natural leaf tobacco or to selling tobacco products at wholesale or retail to customers.  “Tobacco manufacturer” also does not include any person who manufactures or produces firearms, dairy products, products containing alcohol or other nontobacco products, unless such person also manufactures or produces tobacco products.

Fourth:  By striking out Sec. 144 in its entirety and inserting in lieu thereof a new Sec. 144 as follows:


The legislative council is directed to reassign the codified sections of this act pursuant to section 424 of Title 2.


Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont