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ACT OF THE GENERAL ASSEMBLY 2007-2008

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NO. 37.  AN ACT RELATING TO ADULT FOSTER CARE.

(H.274)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  33 V.S.A. § 502 is amended to read:

§ 502.  DEFINITIONS

As used in this chapter:

(1)  “Adult foster care” means provision of 24‑hour home care services for one or two adult persons with a disability in the residence of the person providing the home care services.    

(2)  “Americans with Disabilities Act” means the federal Americans with Disabilities Act of 1990 and rules and regulations made thereunder, as amended at any time.

(2)(3)  “Commissioner” means the commissioner of disabilities, aging, and independent living.

(3)(4)  “Department” means the department of disabilities, aging, and independent living.

(5)  “Home care services” include room, board, safety services, household services, and any specialized services to meet the unique needs of the individual. 

(4)(6)  “Older Americans Act” means the federal Older Americans Act of 1965 and rules and regulations adopted thereunder, as amended at any time.

(5)(7)  “Older persons” mean individuals who have attained the age of 60 years.

(6)(8)  “Persons with disabilities” mean individual Vermonters who have functional limitations by virtue of physical, psychiatric, cognitive, or psychological conditions.

(7)(9)  “Rehabilitation Act” means the federal Rehabilitation Act of 1973 and rules and regulations adopted thereunder, as amended at any time.

(8)(10)  “Social Security Act” means the federal Social Security Act and rules and regulations adopted thereunder, as amended at any time.

Sec. 2.  18 V.S.A. § 7207 is added to read:

§ 7207.  DEFINITIONS

As used in this chapter:

(1)  “Adult foster care” shall have the same meaning as in section 502 of Title 33. 

(2)  “Home care services” shall have the same meaning as in section 502 of Title 33. 

Sec. 3.  32 V.S.A. § 6061(5)(C) is amended to read:

(C)  without the inclusion of: any gifts from nongovernmental sources other than those described in subdivision (B) of this subdivision (5); surplus food or other relief in kind supplied by a governmental agency; or the first $6,500.00 of income earned by a full‑time student who qualifies as a dependent of the claimant under the federal Internal Revenue Code; the first $6,500.00 of income received by a person who qualifies as a dependent of the claimant under the Internal Revenue Code and who is the claimant’s parent or disabled adult child; or payments made by the state pursuant to chapters 49 and 55 of Title 33 for foster care, or the first $6,500.00 of payments made by the state or an agency designated in section 8907 of Title 18 for flexible family funding or difficulty of care payments made to an individual for the support of an eligible person with a developmental disability as defined in subdivision 8722(2) of Title 18 adult foster care or to a family for the support of an eligible person with a developmental disability.  If the commissioner determines, upon application by the claimant, that a person resides with a claimant who is disabled or was at least 62 years of age as of the end of the year preceding the claim, for the primary purpose of providing attendant care services (as defined in section 6321 of Title 33) or homemaker or companionship services, with or without compensation, which allow the claimant to remain in his or her home or avoid institutionalization, the commissioner shall exclude that person’s modified adjusted gross income from the claimant’s household income.  The commissioner may require that a certificate in a form satisfactory to the commissioner be submitted which supports the claim.

Sec. 4.  Sec. 14(b) of No. 185 of the Acts of the 2005, Adj. Sess. (2006), is amended to read:

Sec. 14.  AMENDMENT OF MODIFIED ADJUSTED GROSS INCOME

               TRANSITION AND EFFECTIVE DATE

* * *

(b)  Any tax assessments, including any penalties, related to prebate or rebate claims filed in 2005 or 2006 and which are contrary to the amendment in subsection (a) of this section shall be abated, and any refund due to a claimant shall be paid with interest, in accordance with 32 V.S.A. § 3108.

Sec. 5.  EFFECTIVE DATE

(a)  Sec. 3 of this act shall apply to claims filed in 2008 and after.

(b)  Sec. 4 of this act (abatement of penalties and payment of interest) shall be effective retroactively, as of May 25, 2006.

Approved:  Became law without governor’s signature



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us