Vermont House advances S.189 to set mental-health response guidelines and protect social-service workers
April 17, 2024 | HOUSE OF REPRESENTATIVES, Committees, Legislative , Vermont
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The Vermont House on April 17 moved S.189 forward after the House Health Care Committee’s strike-all amendment, directing the Department of Mental Health to develop statewide mental-health crisis-response guidelines and requiring agencies to report on home-health safety discharges.
Representative Peterson, speaking for the committee, summarized the amendment and key deadlines: “This strike all amendment for S.189 can be found on page 3636 of today's calendar.” He said section 1 directs the Department of Mental Health to develop guidelines recommending best practices for de-escalation and crisis response and to post the guidelines on its website. Section 2 directs the Agency of Human Services, in collaboration with the Vermont chapter of the National Association of Social Workers, to convene meetings on social-worker safety, with findings and recommendations due to the House Health Care and Senate Health and Welfare Committees by Jan. 31, 2025.
The measure also includes a staff-safety discharge provision that authorizes a home-health agency to deny subsequent admission or decline to send an employee when the behavior or conditions that prompted a prior discharge “cannot be reasonably mitigated or eliminated.” The amendment clarifies that agencies are not required to re-enter a home to assess mitigation and requires notice to the patient that includes the reason for denial and complaint instructions.
Committee materials and testimony informed the language. Peterson described incidents raised in testimony — from aggressive animals to a provider who said someone approached a worker with a firearm — as the context for protections and reporting. He noted the committee vote was 11–0–0 in favor of the amendment and asked for the body’s support. A member from Coventry said, “I very much appreciate the committee taking up this amendment,” citing staff-safety concerns.
Under the amendment, the Department of Disabilities, Aging and Independent Living must report after Feb. 15, 2025, on the number of safety discharges made by home-health agencies during the previous calendar year, the nature of the risks, and the number of individuals denied subsequent admission or service because of prior safety discharges. The bill sets an effective date of July 1, 2024.
The House voice-voted to propose the committee amendment to the Senate and then voice-voted to order third reading.
What’s next: S.189 will be returned to the Senate with the House’s proposed amendment; implementation steps and reporting deadlines in the bill set out administrative tasks for state agencies through early 2025.
Representative Peterson, speaking for the committee, summarized the amendment and key deadlines: “This strike all amendment for S.189 can be found on page 3636 of today's calendar.” He said section 1 directs the Department of Mental Health to develop guidelines recommending best practices for de-escalation and crisis response and to post the guidelines on its website. Section 2 directs the Agency of Human Services, in collaboration with the Vermont chapter of the National Association of Social Workers, to convene meetings on social-worker safety, with findings and recommendations due to the House Health Care and Senate Health and Welfare Committees by Jan. 31, 2025.
The measure also includes a staff-safety discharge provision that authorizes a home-health agency to deny subsequent admission or decline to send an employee when the behavior or conditions that prompted a prior discharge “cannot be reasonably mitigated or eliminated.” The amendment clarifies that agencies are not required to re-enter a home to assess mitigation and requires notice to the patient that includes the reason for denial and complaint instructions.
Committee materials and testimony informed the language. Peterson described incidents raised in testimony — from aggressive animals to a provider who said someone approached a worker with a firearm — as the context for protections and reporting. He noted the committee vote was 11–0–0 in favor of the amendment and asked for the body’s support. A member from Coventry said, “I very much appreciate the committee taking up this amendment,” citing staff-safety concerns.
Under the amendment, the Department of Disabilities, Aging and Independent Living must report after Feb. 15, 2025, on the number of safety discharges made by home-health agencies during the previous calendar year, the nature of the risks, and the number of individuals denied subsequent admission or service because of prior safety discharges. The bill sets an effective date of July 1, 2024.
The House voice-voted to propose the committee amendment to the Senate and then voice-voted to order third reading.
What’s next: S.189 will be returned to the Senate with the House’s proposed amendment; implementation steps and reporting deadlines in the bill set out administrative tasks for state agencies through early 2025.
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