Vermont sets neglect reporting rules and hearings for accused caregivers

The law defines neglect to include a caregiver’s purposeful, knowing, or reckless failure to provide needed care or protect a vulnerable adult from harm. The definition covers caregivers of vulnerable adults and includes failures to provide necessary goods or services, protect against maltreatment, follow a care plan, or report significant health changes when employed by an organization that provides or arranges personal care. The failure must have caused, or could be expected to cause, physical or psychological harm. A caregiver’s actions are not neglect when they follow the vulnerable adult’s wishes, a representative’s direction, or an advance directive. Self-neglect is excluded. The act takes effect on October 1, 2026.

Reporters must send allegations of neglect at licensed facilities or programs, or by licensed professionals, to the relevant state licensing office. This applies to alleged neglect at a state-licensed facility or program, or by a professional licensed by the Office of Professional Regulation or the Board of Medical Practice. The licensing office must tell Adult Protective Services it received the report and is acting on it. If the licensing office identifies alleged neglect, it must also report it to Adult Protective Services. The act takes effect on October 1, 2026.

A person accused of neglect may ask the Human Services Board for a hearing to challenge a substantiated report. This applies to a person accused of neglect after a report against them has been substantiated. The person must apply within 30 calendar days after notice that the report was substantiated. The Board must hold a fair hearing within 60 calendar days after the request. Unless the Commissioner agrees otherwise, the hearing must receive priority and an expedited hearing must be provided no later than 30 calendar days after the notice. Priority goes to appeals with immediate employment consequences. The person must apply within 30 days after notice. The hearing is due within 60 days after the request, or, unless the Commissioner agrees otherwise, an expedited hearing is due within 30 days after notice. The hearing officer’s written findings and recommendation are due within 15 days after the hearing, and a decision is due within seven days.