After an initial postponement, the Legislative Committee on Administrative Rules unanimously passed the 360-page revision of Vermont’s health care regulations.
The rules went before LCAR two weeks ago, but the committee postponed the vote to settle a disagreement in the interpretation of a section of the rules between the state and Vermont Legal Aid.
Vermont Legal Aid, a nonprofit that provides free legal services to Vermonters, argued that the new set of rules would exclude a small number of people from getting Choice for Care coverage, a Medicaid-funded program. The state claims that the rule is consistent with previous policy.
In the past two weeks, after a flurry of emails to the Centers for Medicare and Medicaid Services, VLA withdrew its objection, deferring to the national interpretation of the rule.
“In light of the previous misunderstanding, the state has committed to working with us to clarify the eligibility rules and change whatever materials there are to make them clearer,” said Trinka Kerr, Chief Health Care Advocate for VLA. “I think we’re really happy that the state is committed to working with us to make sure that Choice for Care really works for Vermonters.”
The rules, which dictate enrollment and eligibility requirements, “drive all of the policy implementation, around both private and public health plans,” said Committee Chair Sen. Mark MacDonald, D-Orange.
“We look at the law, and see if the rules carry out the law as the law was stated,” MacDonald said of LCAR’s role, adding that it’s not a “sexy committee.” “We’re seeing that the bureaucrats are doing what they’re supposed to do.”
These permanent rules, which go into effect July 15, are similar to the three sets of emergency rules that have been in place previously. The “small tweaks” made in the rules will have little noticeable impact for most Vermonters, Kerr said.
With the disagreement resolved, the vote moved forward without a hitch.
“We’re lucky to have people who work together to solve problems rather than finding small things to disagree about,” MacDonald said. “It was a good day.”
