Committee advances H 5 82 to update adult protective services definition and appeals timelines

The Health & Welfare Committee on April 23 voted to report H 5 82, an amended bill that revises the state’s adult protective services (APS) statute.

Committee counsel said the bill updates the definition of neglect to match federal definitions and clarifies where reports alleging neglect in licensed facilities or by licensed individuals must be sent. Under the draft, licensing entities that receive a report of alleged neglect must notify adult protective services and, if an investigation identifies alleged neglect, the licensing entity will report to adult protective services and take action under licensing rules.

The amendment that drew attention removed a reference to an "agent under an advanced directive" from the fiduciary definition after stakeholders and legislators said advanced directives do not generally create fiduciary responsibility over financial matters. Helen Laban of the Vermont Health Care Association told the committee that the statute must be updated by Oct. 1 to align with federal requirements and to avoid duplicative enforcement pathways for regulated facilities.

The bill also revises appeal timetables. Counsel explained that the current 30-day timing was being used for multiple overlapping purposes; the amended bill requires the human services board to hold a fair hearing within 60 calendar days after a request and provides for expedited hearings (priority given to appeals with immediate employment consequences) with written findings and recommendations issued within 15 days of the hearing officer’s decision.

Senators voted to pass the amended H 5 82 out of committee by voice/roll call; the clerk reported the tally as 5-0-0. The Chair moved the recommendation and members on the roll call included Senator Benson, Senator Cummings, Senator Gulley, Senator Morley and Senator Lyons.