Meetings
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[Rep. Alyssa Black (Chair)]: Welcome back. We are moving to our last bill, five eighty three. So just a couple minor changes we've made. Jen, if you want
[Jennifer Carbee (Office of Legislative Counsel)]: to put up the language. Yes. And Jen Carvey, Office of Legislative Counsel. This is h five eighty three draft 40.1. It's a from yesterday's walkthrough, about half of which are just fixing some typos. As usual, I have incorporated everything that was new. Anything that was highlighted last time, I guess, didn't have a lot of highlighting because it was mostly new. So one of the things that we did here is in the corporate practice of medicine section where it prohibits private equity groups and hedge funds from doing certain things with respect to a health care facility. The language had said they cannot be can exercise control in setting prices, rates, or amounts the facility charges for. And it had said a licensees, just sort of from an earlier, I think, earlier construct. So change that to health care provider services because and actually, as I'm saying this right now, I realize then I can take out the definition of licensure, which I did not. But we can take out the definition of licensure. It's been that for a draft. Next, we have the I fixed found it said founding. It should have said foundation. I confirmed by looking at the, like, guidelines that you came from. We had talked about the ability of a health care provider to go to court if a private equity group or hedge fund violates any part of this section. And I had in there damages, maybe actual damages as an option that had not been talked about with stakeholders. I think their consensus was to include actual damages. So if somebody is out money or something else quantifiable, they could get actual damages. This one is just a little bit of clarification, reporting of ownership and control of, and in our original construct that have been quite broadly, health care entities. It still seemed like it made sense to say entities because we're talking about facilities and management services organizations. So I just put in the modifier certain health care, and then you have to read it to know. Missing word group in private equity group. Page 11. When
[Unidentified Committee Member]: you say certain, what's referring to certain?
[Jennifer Carbee (Office of Legislative Counsel)]: Reporting of ownership and control of certain healthcare entities. Now you have to read the section to find out which entities we're talking about. That whole list applies to certain. Certain. Well, entities are really healthcare facilities and management services organizations. If you look at the the lines right below on or before 07/01/2026, each healthcare facility and each management services organization. And rather than putting that whole thing into the name of the section I just said,
[Unidentified Committee Member]: certain healthcare entities. So those that certain refers to those two things.
[Jennifer Carbee (Office of Legislative Counsel)]: Got it. Thank you. Alright. And then I had been unsure if this is the right word after talking with Dan because I think it is. Stakeholders, it is the right word. We're going with entities who are exempt from the reporting requirement. The same list, fixed another typo here on health care services. Then we get no more substantive. So now we're into the failure to report and the attorney general's office and giving information that is inaccurate in a report. Attorney general's office had asked that there be the not more than on the penalties. They said it was consistent with most statutory references, which is true. I actually think the one I mirrored this from happened to be one that gave us just a specific dollar amount on the per day. And so I went with that, but I think not more than is better for some discretion for the attorney general's office. And then this was the probably the most substantive piece here changing based on the conversation you've had with yesterday, health care facility or management services organization that and this would change from knowingly misrepresents information to makes the material misrepresentation in a report required under this section would be liable for and not more than $25,000 for each. And then again, instead of instance of knowingly misrepresented information, it would say for each material misrepresentation included in the report. So that's a policy question for the committee about whether you want to make that change. But that was what I heard from your
[Rep. Alyssa Black (Chair)]: I am suggesting you make that change because the case he made for knowingly the eye bar that often is not able to be known.
[Jennifer Carbee (Office of Legislative Counsel)]: Then just another typo cleanup, but I it had said pursuant to the Vermont law, which is just not the way we usually say it. So pursuant to Vermont law, then that was it.
[Rep. Alyssa Black (Chair)]: Okay. I wanted to So if you were following anything on the floor today, do you remember because we had taken a fair amount of testimony actually around non disclosure agreements, non competes. And the thought was, which I said yesterday, was because 205 was moving and there had been an enormous amount of work being done on that and it had gotten to a really nice place in 205 that we were going to not have it here because that would cover that. As we learned on the floor today, 205 has now been recommitted to the Commerce Committee. In discussing it with legislative council, various stakeholders. The best path forward at this point seems to be to leave it out of this bill still and that if two zero five does not move, then we will work diligently with the Senate to ensure that it gets back in here. That was my
[Unidentified Committee Member]: Do you wanna?
[Rep. Alyssa Black (Chair)]: Yeah, no, I agree from both. Just, I am happy to go around the record to say that we will work on this consent. Thank you. So it's not dead yet.
[Unidentified Committee Member]: Yeah, this is a process question. I'm just curious. So 205 is recommitted, but dead, right? I mean, it goes through the Senate. Is that what happened? So I just want to understand what can happen.
[Rep. Alyssa Black (Chair)]: It has to commit a commit commit
[Jennifer Carbee (Office of Legislative Counsel)]: a it's not gonna right. It's not gonna make it out by today's deadline. So unless it gets a rules committee, you know, rules committee extension or waiver, it would not be as h two zero five. There's a possibility it could get added to something that comes over from the senate. It could get taken up and put on something in the senate. So it may that language may still have a life this session, or not. So I've been told
[Rep. Alyssa Black (Chair)]: to be patient is in action. I wanted to assure everyone that we have not forgotten about this issue and that lots of people are watching things very, very carefully. Because that was a big, big protection thing that we took a lot of testimony on. Okay, so that being said, does anyone have any questions? Does someone have a question? Yes, spell. Stop. I know I'm new, I don't like playing that hard. And I've tried really hard
[Jennifer Carbee (Office of Legislative Counsel)]: paying attention to the words and trying to learn. But as I see people in and out of the seat and in and out of our room, and I respect your judgment and your experience and expertise. Are you not comfortable with this bill as it's written right now?
[Rep. Alyssa Black (Chair)]: -I am comfortable with the bill as the light's written. I appreciate the work that has gone into this bill with the healthcare advocate, and that's where we are.
[Jennifer Carbee (Office of Legislative Counsel)]: Thank you.
[Rep. Alyssa Black (Chair)]: It's a great question. Great question. So, any other questions? I'm talking very slowly because I think someone might be coming up the stairs.
[Unidentified Committee Member]: You can touch her because I
[Jennifer Carbee (Office of Legislative Counsel)]: can't While you're talking slowly, I will show you that I just went in and made, it took out that definition of, licensees. So now we go from hedge fund to management services organization, and I remembered everything accordingly. Think I said that. Now I see it goes seven nine, which means it did not. Oh, just one I have fixed it. That's good. So it'll go seven eight. And then everything else, I just incorporated the changes so there's no highlighting. Right. What version is it? This is 3.2, which I think is the same thing as the last one.
[Rep. Alyssa Black (Chair)]: Apparently, like three point. The one on your desk is different.
[Jennifer Carbee (Office of Legislative Counsel)]: Yeah. I mean, it's same same as h five eighty five. I think we voted on 3.2. The right level of provisions.
[Rep. Alyssa Black (Chair)]: Are there other questions?
[Jennifer Carbee (Office of Legislative Counsel)]: Thank you.
[Rep. Allen "Penny" Demar (Member)]: I'll make a motion to that what you were Yes. Gonna Okay. I'll make a motion to approve or to for a favorable committee why are you shaking your head?
[Jennifer Carbee (Office of Legislative Counsel)]: For favorable oh, you can't say shake.
[Rep. Allen "Penny" Demar (Member)]: Oh, sorry. I'll make a motion to vote. I'll make a motion to I make a motion what do I say exactly?
[Jennifer Carbee (Office of Legislative Counsel)]: I thought you said to report favorably on, but apparently
[Rep. Allen "Penny" Demar (Member)]: That is what I thought I said. Yeah. I make a motion to pass age five eighty three draft 3.1? 3.2. 3.2, I'm sorry, out of committee.
[Rep. Alyssa Black (Chair)]: So moved.
[Jennifer Carbee (Office of Legislative Counsel)]: I'm put. By the chamber.
[Rep. Allen "Penny" Demar (Member)]: Yes.
[Jennifer Carbee (Office of Legislative Counsel)]: Wendy Critchlow.
[Rep. Wendy Critchlow (Member)]: Yes.
[Jennifer Carbee (Office of Legislative Counsel)]: Doctor. Demar.
[Rep. Allen "Penny" Demar (Member)]: No. You can start calling me Art.
[Rep. Alyssa Black (Chair)]: Leslie Goldman.
[Rep. Leslie Goldman (Member)]: Yes. Lori Houghton. Yes. Karen Lueders. Yes.
[Rep. Karen Lueders (Member)]: Doctor. Powers. No. Valerie Taylor. Yes.
[Rep. Alyssa Black (Chair)]: Yes.
[Jennifer Carbee (Office of Legislative Counsel)]: Daisy Berbeco. Yes.
[Rep. Alyssa Black (Chair)]: Yes.
[Jennifer Carbee (Office of Legislative Counsel)]: 1020. No. 920. 920.
[Rep. Alyssa Black (Chair)]: And I will be the reporter of this bill. And I want to acknowledge in the room the fantastic OLEAD sponsor representative only. Thank you for all you.
[Jennifer Carbee (Office of Legislative Counsel)]: Thank you.