13-010 Code Vt. R. 13-150-010-X - ADMINISTRATIVE RULES REGARDING THE DEVELOPMENTAL AND MENTAL HEALTH SERVICES RISK POOL SPECIAL FUND

Section 1

Definitions: the following definitions apply to the following rules:

Department: Department of Developmental and Mental Health Services

Commissioner: Commissioner of the Department of Developmental and Mental Health Services

Designated Providers, Agencies: Agencies which have been designated by the department pursuant to Title 18, Chapter 207 and the Administrative Rules on Agency Designation

The Fund: the Department of Developmental and Mental Health Services Risk Pool Special Fund

Section 2

Purpose The purpose of the fund is to support the financial viability of the department's systems of care by establishing a financial reserve to be allocated by the department to its designated provider system based on predetermined criteria.

2.1. There shall be a funding pool for the Community Rehabilitation and Treatment (CRT) program and a funding pool for the Developmental Service program. They shall be maintained and administered separately.

2.2. These funding pools shall be organized and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, except where otherwise expressly provided by law.

Section 3

Oversight Committee For each of the two special funding pools, an oversight committee will advise the department on the source and criteria for access to funds each year.

3.1. Each oversight committee will be comprised of three Designated Agency representatives, three consumers or family members, and three department staff.

Section 4

Source of Funds The source of funds shall be the department's annual appropriations approved by the legislature. All interest earned and amounts deposited in these accounts shall accrue to the benefit of the two program areas and shall not be used for any other purpose.

Section 5

Criteria for Fund Distribution Funds will be distributed to agencies based on predetermined criteria determined by the Commissioner.

5.1. The oversight committees for each program area will recommend to the Commissioner criteria for access to the special funding pool at least three months prior to the beginning of the next fiscal year. These criteria will include the reasons agencies may access the special funding pool and any financial requirements for the agencies to access the special funding pool.

5.2. Reasons for access to the special funding pools may include, but are not limited to, unforeseen catastrophic losses, increased caseloads, unanticipated needs of people receiving services, and positive or negative agency performance on desired system outcomes.

5.3. Financial requirements for agency access to the special funding pools may be based on the agencies' end-of-year audited financial statements for each program, or on other criteria recommended by the oversight committees.

Section 6

Fund Payments Payments from the special funding pools shall be made for the purposes stated above, and according to the criteria determined by the Commissioner, with recommendations from the oversight committee.

Notes

13-010 Code Vt. R. 13-150-010-X

Effective Date: December 1, 1998 (Secretary of State Rule Log #98-69)

Statutory Authority: 18 V.S.A. Chapter 207; 32 V.S.A. Chapter 7, Subchapter 5