COVE

History of Legislative Achievements

1981 to 2002

Since our founding more than two decades ago, the Community of Vermont Elders (COVE) has had a major impact on public policy affecting Vermont seniors. We have worked diligently for the dignity, security and well-being of all Vermont’s Senior Citizens.

The following list of legislative accomplishment does not include scores of bills, which while passed, were less significant in nature or were those in which COVE played a secondary role. Missing from the following list is the critical work COVE does every year to protect and promote the interests of seniors’ programs within the Vermont State Budget process.

COVE has achieved success because of its year-around testimony and advocacy on relevant rules and regulations and its membership on state advisory board and summer study committees. COVE has been able to save seniors millions of dollars yearly in medicomp insurance payments by representing them in the rate setting process.

The following legislation list is in chronological order. Many of these laws were precedent setting or national models when enacted.

1981 & 1983 Establishment of Vermont Independence Fund Provided for flexible grant funding for home and community-based services for over a decade. For example, the independence fund is frequently credited with being the foundation of the adult day care network in Vermont.

1981 & 1982 Living Will Codified the use of terminal care documents

1982 Simple Wills Statutory framework of allowing for small estates to by-pass probate.

1983 Grandparents Visitation Rights Guaranteed substantive and procedural rights for grandparents in custody cases.

1985 Omnibus protections for Elderly Abuse, Neglect, and Exploitation including remedial action

1985 Intermediate Sanctions for Nursing Homes and Residential Care Allowing for more effective and flexible enforcement.

1985, 1995 Telephone Lifeline Program Led the nation in providing a monthly subsidy to elders below 175% of poverty in response to adverse impact of deregulation.

1986 Conversions of Low Income Subsidized Housing Notice requirements and state intervention to minimize displacement of seniors.

1986 Hospital Patients Bill of Rights Expands upon federal requirements.

1986 Condominium Conversion Provided significant notice requirements to elders being displaced in these circumstances.

1986 Personal Needs Allowance for Nursing Home Residents This increased significantly beyond the federal mandate and providing for an annual inflation increase.

1986 Increased Protected Income Level for Medicaid Recipients to highest-level permissible and qualified thousands of Vermonters for Medicaid.

1986, 1989, Unemployment Insurance Prohibited counting

1999 pensions and Social Security against any unemployment benefits laid-off workers might be entitled to.

1987 Prohibition Against Balanced Billing of Medicare Patients Led the nation in saving seniors millions of dollars annually in out-of-pocket health care expenses until federal government ultimately followed suit.

1987, 1991 Prohibiting Age Discrimination in Employment

& 1999 Vermont preceded the federal government in banning mandatory retirement for all but safety-sensitive occupations.

1988 Establishment of The Office of Public Guardianship This created a new office to handle difficult cases where paid of volunteer guardians are unavailable.

1988 Continuing Care Retirement Communities Set minimum standards and consumer protections regarding the establishment and solvency of these entities in Vermont.

1988 Durable Power of Attorney for Health Care codified this Advance Directive, with significant consumer protections and education requirements.

1988, 1990 Tenant Protections Regarding Mobile Home and

& 1994 Park Conversions & Sales Regarding Mobile Home Park Conversions and Sales.

1989, 1997 Hearing Aids First state to require physician/audiologist prescription prior to dispensing a hearing aid. Enjoined by FDA.

1989 Nursing Home Patients Bill of Rights Expands upon federal requirements.

1989 Long Term Care Insurance minimum standards for disclosures, refusal, benefits, and protections against lapsed premiums.

1989 Home and Community Based Waiver Law forced Vermont to apply for 115 waivers.

1989, 1997 Hearing Aid Dealers Required all hearing aid dispensers in Vermont to be licensed.

1989, 1990, Pharmaceutical Assistance for the Elderly

1995 & 2000 Established Vermont’s first pharmacy subsidy program for seniors up to 175% of poverty. This program has since grown to 225% of poverty and over $25 million annually. This law made Vermont one of the leaders among state programs.

1990 Creation of Vermont Department of Aging & Disabilities Reorganized and elevated the Vermont Office on Aging to Departmental status and consolidated disparate aging programs into one Department.

1990 Establishment of Medicare Advisory Project Provides legal representation in administrative hearings on Medicare denials.

1990, 1999 Inclusion of “age” classification in Hate Crimes law

1990, 1991, Medicomp Rate Relief Established a process for

1996 & 1999 consumers to intervene in Medicare supplement rate cases including the right to access independent actuaries and attorneys. Vermont is one of the few states providing such a detailed view.

1991 Establishment of Ongoing Statewide Commission on Alzheimer’s disease

1991 Medical & Family Leave Perhaps the strongest state family leave measure since it applied to all businesses with 10 or more employees

1991 Establishment of Right to Counsel in all Guardianship Proceedings

1991, 2001, Relief from Abuse Orders Extended civil domestic

& 2002 abuse orders and protections for elders in all households.

1992 Accessory Apartments Required that residential zoning in every Vermont town allow for the construction of accessory (granny flats) apartments as conditional use. This was a National Model for promoting family care giving.

1994, 1996 Establishment of an Office of Fuel Assistance This new state office brought focus and staff to program in which seniors rely heavily, and which had previously little attention because it was seen as relying exclusively on federal funds.

1996 Shifting the Balance Legislation Creation of a dedicated fund that mandated shifting over $40 million in nursing home to home and community based services in four years time.

1996 Pre-paid Funeral Contracts Full disclosure on pricing, mandated options, inspections of homes, and country’s first dedicated consumer “default” fund for homes going out-of-business.

1997 Short Term Family & Medical Leave Another nation-leading law, allowing workers to take up to 24 hours off (in up to 4 hour blocks) annually to care for sick family members or to deal with their affairs (e.g. nursing home placements).

1997, 1999, Property Tax Relief Income-disregards established in

2002 property tax relief program for the income of any live-in caregiver, family co-owner, and elder parent who move in with family, thereby promoting care giving in shared housing.

1997 Mandated community rating for all Medicare supplement policies

1998 Office of Healthcare Ombudsman Establishment of country’s first statewide office, independent of state government, to help consumers navigate the health system and advocate on their behalf.

1998, 1999 Medicaid Homestead Recovery Prohibited estate

& 2000 recovery against the home of a Medicaid long-term recipient when the intended heir’s income was below 300% of poverty, or the heir had provided informal care, which delayed the recipient’s institutionalization.

2000 Payment on Death Bank Accounts Creative banking mechanism for those with small assets to retain control over funds, while avoiding probate.

2001 Minimum Staff ratios in Nursing Homes

2002 Modernization of Vermont’s Power of Attorney Laws The disclosures, formalities of executions, and enforcement provisions of this law significantly heighten the fiduciary obligations under POA’s and reduce financial exploitation of dependent seniors and others.

2000 Personal needs Allowance for Community Care Homes Increased PNA wages over federal amount, and required an annual inflation factor.

2000 Life Span Home (Visitability) First in the nation law to requiring all new construction of single homes be adaptable to accessibility changes in the future (e.g. door widths, thresholds, blocking for grab bars, heights of outlets, etc.).

2000 Pre Buy Fuel Contracts Forced state to enter into hundreds of contracts with local fuel dealers to lock in summer pricing with fuel assistance funds (LIHEAP).

2002 Joint Fiduciary Bank Accounts Another simple and creative account mechanism to allow family members and friends to help seniors with financial affairs without exposing them potential financial exploitation.

2002 Pharmacy Cost Containment/Counter Detailing First of its kind bill which requires drug companies to disclose who they give money and gifts to in an effort to promote their products. Also numerous provisions enacted to encourage preferred drug lists while protecting consumer choice, provide consumer education and counter-detailing of physicians, and the formation of multi-state purchasing pools to lower drug costs.

2002 Constitutional Amendment to eliminate mandatory retirement for judges After a four–year legislative process to allow this amendment to go to the voters, it passed overwhelmingly in November 2002 thus eliminating the last vestige of age discrimination in the state of Vermont.

Please check in periodically to review updates for 2003!