Public Hearing and Comments Session on Proposed Amendment to the Regulations Implementing the Developmental Disabilities Act of 1996

10 May 2017

The Department of Disabilities, Aging and Independent Living (DAIL) is proposing to amend the Regulations Implementing the Developmental Disabilities Act of 1996 in furtherance of the mandate contained in Act 140 of the 2014 Legislative Session. Specifically, as set forth in Act 140, DAIL is seeing to adopt by administrative rule the following categories of the State System of Care Plan for Developmental Services:

(1) priorities for continuation of existing programs;
(2) criteria for receiving services or funding;
(3) type of services provided; and
(4) a process for evaluating and assessing the success of programs.

Text of the FINAL Proposed Rule

Public Comments and the Department's Responses

After attending the April 6, 2017, meeting of the Legislative Committee on Administrative Rules (LCAR) and speaking with representatives of Vermont Legal Aid, Vermont Care Partners, the Developmental Disabilities Council, Green Mountain Self-Advocates and the State Program Standing Committee, DAIL identified changes it would be willing to make to the final proposed rule.

A chart reflecting those proposed changes can be found here. The first column of the chart identifies the section of the rule, the middle column recites the language contained in that section of the final proposed rule, and the far right column details the change to that section that DAIL is proposing/willing to make.

Before making any modifications to the final proposed rule, however, DAIL wishes to invite the public to comment on these newly-proposed changes. On May 22, 2017, DAIL will hold an additional public hearing from 11:00 am to 12:30 pm in Cherry B Conference Room of the Waterbury State Office Complex, 280 State Drive, Waterbury, VT for this purpose. Once the hearing concludes, DAIL will accept written comments through 4:30 pm on May 30, 2017. Those comments may be sent to Clare McFadden, Assistant Director of DAIL’s Developmental Disabilities Services Division at Clare.McFadden@vermont.gov.

Once the public comment period closes on May 30, 2017, DAIL will amend its summary of responses to public comments previously received (see link to the public comments and responses above), make final decisions on the proposed changes, and submit those proposed changes to LCAR. Thereafter, LCAR will schedule a hearing on the final proposed rule, as amended.