§ 504. Duties of Department

(a) The Department shall administer all laws and programs specifically assigned to it for administration, including:

(1) Federally funded services for older persons in accordance with the Older Americans Act.

(2) Federally funded vocational rehabilitation and independent living services for persons with disabilities in accordance with the Rehabilitation Act. The Division of Vocational Rehabilitation may contract with clients at up to $51.00 per year per employee, or may charge up to $70.00 per hour, for services rendered by the Employee Assistance Program. The Division shall charge $160.00 for each injured worker screening defined in the Department of Labor rules. For activities outside the scope of services funded by the Federal Assistive Technology Act, the Division may charge up to $100.00 per hour for assistive technology services rendered, including assistive technology consultations, assistive technology evaluations, individual assistive technology training, and assistive technology topic training. The Division may charge fees at the rate of up to $100.00 per month for specialized assistive technology equipment leasing. The Division may charge these fees to service providers, State agencies, schools, and individuals. The Division shall continue to provide the following services at no charge: information and assistance, State financing activities, equipment demonstration, short-term device loans, public outreach, technical assistance, and equipment reutilization. Fees shall be retained by the Division.

(3) Federally required survey and certification of health care facilities participating in Medicare or Medicaid, as provided by Titles XVIII and XIX of the Social Security Act.

(4) Special services, including vocational rehabilitation, for Vermonters who are blind or have a visual impairment, and for Vermonters who are deaf or hard of hearing.

(5) The duties, responsibilities, and authority of the Division of Licensing and Protection pertaining to level IV facilities presently granted under the authority of chapter 71 of this title and any other provision of law.

(6) All of the duties, responsibilities, and authority of the Division of Licensing and Protection to level I and level II nursing homes and level III residential care homes, hospitals, and home health services granted under the authority of chapter 71 of this title and any other provision of law.

(7) The duties, responsibilities, and authority of the former Developmental Services Division of the former Department of Developmental and Mental Health Services, and the personal care and hi-tech programs in the former Department of Prevention, Assistance, Transition, and Health Access.

(b) The Department shall ensure coordination of government and private services directed at providing assistance to and analyzing issues affecting older persons and persons with disabilities.

(c) In addition to the powers vested in it by law, the Department may:

(1) cooperate with, and contract with, with the approval of the Governor, the federal government and appropriate federal agencies which fund programs which the Department administers;

(2) notwithstanding the provisions of 3 V.S.A. chapter 13, enter into an agreement with the University of Vermont and State Agricultural College to continue the Rural and Farm Family Rehabilitation Program; and

(3) take and hold in trust for the State any grant or devise of land or donation or bequest of money, or other personal property, to be applied to the maintenance of persons with developmental disabilities. (Added 1989, No. 219 (Adj. Sess.), § 3; amended 1995, No. 47, § 16, eff. April 20, 1995; 2005, No. 174 (Adj. Sess.), §§ 79, 79a; 2007, No. 76, § 22a; 2011, No. 128 (Adj. Sess.), § 8; 2013, No. 96 (Adj. Sess.), § 200.)