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House Calendar

FRIDAY, MARCH 28, 2008

81st DAY OF ADJOURNED SESSION

House Convenes at 9:30 A M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Third Reading

J.R.H. 52  Urging Congress to Establish Office of National Nurse................ 1399

Favorable with Amendment

H.  11  Relating to the Commissioner of Health............................................. 1399

          Rep. Donahue for Human Services

H. 545  Relating to the Agency of Human Services....................................... 1400

          Rep. Evans for Government Operations

          Rep. French for Human Services......................................................... 1400

H. 887 Relating to Health Care Reform........................................................ 1402

          Rep. Leriche for Health Care

          Rep. Hunt for Appropriations.............................................................. 1402

Favorable

H. 862  Amendments to Charter of Village of Waterbury.............................. 1405

          Rep. Pearson for Government Operations

For Action Under Rule 52

H.R. 31  Switch Off State House Lighting “Earth Hour” March 29............... 1405

 

Ordered to Lie

H. 549  Establishing Buffer Zones Along Waterways.................................... 1405

H. 689  Utility Prescriptive Rights................................................................. 1405

 

 

CONSENT CALENDAR

(See Addendum to House and Senate Calendar)

H.C.R. 248  Congratulating Woodstock UHS Boys’ Alpine Ski Team......... 1406

H.C.R. 249  Congratulating Lake Region UHS Boys’ Basketball Team........ 1406

H.C.R. 250  Congratulating Proctor HS Boys’ Basketball Championship..... 1406

H.C.R. 251  Congratulating Twinfield Girls’ Basketball Team....................... 1406

H.C.R. 252  Congratulating Kelley Tully “Person of the Year”...................... 1406

H.C.R. 253  Congratulating Mt. St. Joseph Academy Hockey Team............ 1406

H.C.R. 254  Honoring Greg McClallen Rutland HS Coach.......................... 1406

 

 

 


 

ORDERS OF THE DAY

ACTION CALENDAR

Third Reading

J. R. H. 52

     Joint resolution urging Congress to enact legislation establishing an Office of the National Nurse..

Favorable with Amendment

 H. 11

     An act relating to the commissioner of health.

Rep. Donahue of Northfield, for the Committee on Human Services, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  18 V.S.A. § 104 is amended to read:

§ 104.  COMMISSIONER OF HEALTH; DUTIES

(a)  The secretary shall appoint a commissioner of health, as provided in 3 V.S.A. § 3051, who shall be either a physician licensed to practice medicine and surgery in this state or a health care professional who has at least a master’s degree in public health or a related health care field and who, in addition, has had educational and practical experience in the field of public health. 

(b)  The commissioner may delegate such powers and assign such duties to members of the department as may be deemed appropriate and necessary for the proper execution of the provisions of this title.  If the commissioner is not a physician licensed to practice medicine and surgery in this state, the commissioner shall fill an existing exempt position within the department by appointing a chief medical officer who shall be a physician licensed to practice medicine and surgery in this state and who shall report to the commissioner.  The commissioner shall delegate authority for policies related to the practice of medicine to the chief medical officer.  Such policy areas shall include those described in the following chapters of this title:

(1)  chapter 3, as it pertains to circulars of information prepared by the state board of health, health orders, and emergency health orders;

(2)  chapter 13, relating to chronic care infrastructure and prevention measures;

(3)  chapter 43A, relating to the patient safety surveillance and improvement system;

(4)  chapter 84A, relating to the Vermont prescription monitoring system;

(5)  chapter 86, relating to the therapeutic use of cannabis;

(6)  chapter 91, relating to prescription drug cost containment;

(7)  chapter 92, relating to the treatment of opiate addiction; and

(8)  chapter 231, relating to advance directives for health care and disposition of remains.

* * *

(Committee vote: 7-3-1)

H. 545

     An act relating to the agency of human services.

Rep. Evans of Essex, for the Committee on Government Operations.

Rep. French of Randolph, for the Committee on Human Services, recommends the bill be amended as follows:

First:  By striking Sec. 1 in its entirety and inserting in lieu thereof a new Sec. 1 as follows:

Sec. 1.  3 V.S.A. § 3051 is amended to read:

§ 3051. COMMISSIONERS; DEPUTY COMMISSIONERS;                                                           APPOINTMENT; TERM

* * *

(b)  For the department of health, the secretary, with the approval of the governor, shall appoint deputy commissioners for the following divisions of the department:

(1)  public health;

(2)  substance abuse.

(3)  substance abuse.

(c)  For the department for children and families, the secretary, with the approval of the governor, shall appoint deputy commissioners for the following divisions of the department:

(1)  field operations;

(2)  economic services;

(3)(2)  child development;

(4)(3)  family services.

(d) For the department of disabilities, aging, and independent living, the secretary, with the approval of the governor, shall appoint two deputy commissioners for the following divisions of the department:

(1) operations;

(2) disabilities and aging services.

(e) Deputy commissioners shall be exempt from the classified service. Their appointments shall be in writing and shall be filed in the office of the secretary of state.

Second:  By adding a Sec. 7a to read:

Sec. 7a.  26 V.S.A. § 1317 is amended to read:

(a)  Any hospital, clinic, community mental health center, or other health care institution in which a licensee performs professional services shall report to the commissioner of mental health, along with supporting information and evidence, any disciplinary action taken by it or its staff which significantly limits the licensee’s privilege to practice or leads to suspension or expulsion from the institution.  The report shall be made within 10 days of the date such disciplinary action was taken, and, in the case of disciplinary action taken against a licensee who is employed by, or under contract with, a community mental health center based on the provision of mental health services, a copy of the report shall also be sent to the commissioner of developmental and mental health services.  This section shall not apply to cases of resignation or separation from service for reasons unrelated to disciplinary action.

(b) Within 30 days of any judgment or settlements involving a claim of professional negligence by a licensee, any insurer of the licensee shall report the information to the commissioner of health and, to the extent the claim relates to the provision of mental health services, to the commissioner of mental health.

(c) Except as provided in section 1368 of this title, information provided to the department department of health or of mental health under this section shall be confidential unless the department decides to treat the report as a complaint, in which case, the provisions of section 1318 of this title shall apply.

* * *

Third:  By striking Sec. 9 in its entirety and inserting in lieu thereof a new Sec. 9 to read:

Sec. 9.  33 V.S.A. § 900(2) is amended to read:

(2)  “Director” or “director of rate setting” means the director of administration and rate setting.

Fourth:  By adding a Sec. 9a to read:

Sec. 9a.  33 V.S.A. § 902(b) is amended to read:

(b)  The division shall be headed by a director of administration who shall report to the secretary of the agency or his or her the secretary’s designee.

Fifth:  By adding a Sec. 11a to read:

Sec. 11a.  33 V.S.A. § 2073(f) is added to read:

(f)  A manufacturer of pharmaceuticals purchased by individuals receiving assistance from VPharm established under this section shall pay to OVHA, as a condition of participation in the program, a rebate in an amount at least as favorable as the rebate paid to OVHA in connection with the Medicaid program.

Sixth:  By striking Sec. 14 in its entirety and inserting in lieu thereof a new Sec. 14 to read:

Sec. 14.  33 V.S.A. § 2604(c) is amended to read:

(c)  In determining heating fuel costs of households:

* * *

(2)  Residents of housing units subsidized by the federal, state, or local government shall be deemed to have incurred no annual home heating fuel costs, except to the extent required by any federal law or regulation if federal funds are utilized for the home heating fuel assistance program, and with the following additional exception.  Housing unit residents that receive Aid to Needy Families with Children (ANFC) Temporary Assistance to Needy Families (TANF), Supplemental Security Income/aid to the Aged, Blind, or Disabled (SSI/AABD), ANFC TANF emergency assistance, or general assistance benefits that are used in whole or in part to pay for their housing or utility costs and do not receive other federal, state, or local government assistance targeted specifically to their housing or utility needs shall, with the exception of households for which the cost of heat is supplied by the landlord, be assumed to incur annual home heating fuel costs and their eligibility for annual heating fuel assistance shall not be limited by this subsection.

* * *

Seventh:  By striking Sec. 15 in its entirety

Eighth:  By adding a Sec. 23 to read:

Sec. 23.  REPEAL

33 V.S.A. § 2605(e) (1997 report of the home office of energy assistance) is repealed.

(Committee vote: 9-0-2)

H. 887

An act relating to health care reform.

(Rep. Leriche of  Hardwick will speak for the Committee on Health Care.)

Rep. Hunt of Essex, for the Committee on Appropriations, recommends the bill be amended as follows:

First: In Sec. 4, by striking subs (b) and inserting in lieu thereof a new subsection (b) as follows: 

(b)  The sum of $50,000.00 is appropriated from the general fund to the commission on health care reform in fiscal year 2009 to conduct this study. 

Second:  In Sec. 14, subsection (e), by striking the words “up to the age of 24” and inserting in lieu thereof the words “up to the age of 23” 

Third:  In Sec. 33, by striking subsection (b) and inserting in lieu thereof a new subsection (b) as follows: 

(b)  The sum of $140,000.00 is appropriated from the general fund to the department of health to be granted to AHEC in fiscal year 2009 to support the counter-detailing project.

Fourth:  By striking Sec. 37 in its entirety and inserting in lieu thereof the following: 

Sec. 37.  HEALTH IMPROVEMENT APPROPRIATIONS

The following amounts are appropriated:

(1)  The sum of $150,000.00 is appropriated from the general fund to the department of health and shall be deposited into the Vermont educational loan repayment fund and used for the purposes of loan repayment for health care providers and health care educators pursuant to section 10a of Title 18.  Such funds, in addition to other monies appropriated elsewhere for this program, shall be allocated in fiscal year 2009 as follows:

(A)  $745,000.00 to primary care practitioners;

(B)  $200,000.00 to dentists;

(C)  $425,000.00 to nurses;

(D)  $150,000.00 to nurse educators;

(E)  $50,000.00 to disciplines based on emerging health care needs and workforce shortages.

(2) The sum of $50,000.00 is appropriated from the general fund to the department of health and shall be deposited in the loan forgiveness/incentive scholarship fund and used for the purposes of loan forgiveness programs for health care providers through the dental hygienist incentive loan program and nursing incentive loan program. Such funds, in addition to monies appropriated for this program elsewhere shall provide total funding of $150,000 in fiscal year 2009.

(3)  The amount of $200,000.00 is appropriated from the general fund to the Vermont department of health for the child psychiatry division in the Vermont Center for Children, Youth, and Families (VCCYF) to support child tele-psychiatry pilots in community health centers that will: 

(A)  Pair Vermont health centers’ medical, nursing, social work, and psychology staff with the UVM VCCYF child psychiatric consultative team;

(B)  Provide monthly training and education resources for health center staff by UVM faculty;

(C)  Help strengthen and expand the newly established UVM child psychiatry fellowship program; and

(D)  Provide critical child psychiatry assessment and consulting services across the state that will establish relationships to help recruit and retain new child psychiatrists for Vermont.

(4)  The amount of $200,000.00 is appropriated from the general fund for the Vermont State College system to be used to increase base salaries and associated benefits for difficult‑to‑fill nurse educator positions, subject to existing collective bargaining agreements.  In addition, the Vermont State Colleges system, the University of Vermont, and the Vermont Board of Nursing shall undertake a study to examine how to increase the state’s capacity to educate nursing students and shall provide a report on the study by January 15, 2009 to the house committees on health care and on human services and the senate committee on health and welfare.

Fifth:  In Sec. 38, by inserting “to be granted to the” before “College of Medicine

Sixth: By inserting two new sections to read as follows:

Sec. 46.  FUNDING COSTS TO THE STATE EMPLOYEES HEALTH CARE SYSTEM

     (a) $185,000 of general fund is reserved for transfer to the state employee’s health care system for potential costs to the system in fiscal year 2009 as result of the provisions of Sec. 14 of this Act.  The secretary of administration may transfer funds from this reserve as needed after submission of a report to the joint fiscal committee that provides the analysis of the need for the transfer.

Sec. 46.  TRANSFER OF FUNDS TO THE CATAMOUNT PROGRAM

     (a) $500,000 of general funds are transferred from the general fund to the catamount fund in fiscal year 2009 for the costs associated with 8 V.S.A. § 4080f (e) (2), as amended in Sec. 20 of this act.

     (b) $275,000 of general funds are transferred from the general fund to the catamount fund in fiscal year 2009 for the costs associated with 8 V.S.A. § 4080f (e) (1), as amended in Sec. 20 of this act.

And renumbering  the remaining sections to be numerically correct

 (Committee vote: 10-1-0)

Favorable

H. 862

     An act relating to approval of amendments to the charter of the village of Waterbury.

     Rep. Pearson of Burlington, for the Committee on Government Operations, recommends the bill ought to pass.

( Committee Vote: 11-0-0)

For Action Under Rule 52

     H. R. 31

     House resolution urging the department of buildings and general services to switch off the state illumination lighting during the worldwide Earth Hour on Saturday, March 29, 2008.

(For text see House Journal March 27, 2008)

Ordered to Lie

H. 549

     An act relating to establishing buffer zones along waterways of the state.

H. 689

     An act relating to utility prescriptive rights.

 

CONSENT CALENDAR

Concurrent Resolutions for Notice Under Joint Rule 16

     The following concurrent resolutions have been introduced for approval by the House and Senate and have been printed in the Senate and House Addendum to today’s calendars. These will be adopted automatically unless a member requests floor consideration before the end of the session of the next legislative day.  Requests for floor consideration should be communicated to the Clerk of the House or to a member of his staff.

(For text of Resolutions, see Addendum to House and Senate Notice Calendar for Thursday, March 27, 2008)

H.C.R. 248

House concurrent resolution congratulating the 2008 Woodstock Union High School Wasps boys’ championship alpine ski team

H.C.R. 249

House concurrent resolution congratulating the 2008 Lake Region Union High School Rangers Division III boys’ basketball championship team

H.C.R. 250

House concurrent resolution congratulating the 2008 Proctor High School Phantoms on winning their school’s third consecutive Division IV boys’ basketball championship

H.C.R. 251

House concurrent resolution congratulating the 2008 Twinfield Trojans Division IV championship girls’ basketball team

H.C.R. 252

House concurrent resolution congratulating Kelley Tully, the 2008 Great Falls Regional Chamber of Commerce Person of the Year

H.C.R. 253

House concurrent resolution congratulating the 2008 Mount St. Joseph Academy Mounties Division II championship ice hockey team

H.C.R. 254

House concurrent resolution honoring Greg McClallen for his 36 years of extraordinary coaching and dedication to Rutland High School’s athletic programs

House Appropriations Committee

Members’ amendments to Fiscal Year 2009

Omnibus Appropriations Bill

 

The Appropriations Committee invites all members of the House who intend to introduce amendments to the FY 2009 appropriations bill to meet with the committee on Tuesday, April 1, at 9:00 a.m. in Room 42.  If possible, please talk to Virginia Catone in Room 40 (ext. 2251) to schedule a time.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us