1 | 1 | | BILL AS INTRODUCED S.132 |
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2 | 2 | | 2025 Page 1 of 8 |
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4 | 4 | | |
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5 | 5 | | VT LEG #379182 v.1 |
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6 | 6 | | S.132 1 |
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7 | 7 | | Introduced by Senators White, Clarkson, Gulick, Major and Vyhovsky 2 |
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8 | 8 | | Referred to Committee on 3 |
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9 | 9 | | Date: 4 |
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10 | 10 | | Subject: Health; health coverage; health care sharing plan or arrangement; 5 |
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11 | 11 | | Department of Financial Regulation; reporting 6 |
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12 | 12 | | Statement of purpose of bill as introduced: This bill proposes to require a 7 |
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13 | 13 | | person who is not authorized to offer health insurance in Vermont and who 8 |
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14 | 14 | | offers or intends to offer a health care sharing plan or arrangement to facilitate 9 |
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15 | 15 | | payment or reimbursement of health care costs or services for Vermont 10 |
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16 | 16 | | residents to report certain information annually to the Commissioner of 11 |
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17 | 17 | | Financial Regulation and to certify the accuracy of the information. The bill 12 |
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18 | 18 | | would direct the Commissioner of Financial Regulation to prepare an annual 13 |
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19 | 19 | | report summarizing the information and post it on the Department of Financial 14 |
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20 | 20 | | Regulation’s website. 15 |
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21 | 21 | | An act relating to annual reporting on health care sharing plans and 16 |
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22 | 22 | | arrangements 17 BILL AS INTRODUCED S.132 |
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23 | 23 | | 2025 Page 2 of 8 |
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25 | 25 | | |
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26 | 26 | | VT LEG #379182 v.1 |
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27 | 27 | | It is hereby enacted by the General Assembly of the State of Vermont: 1 |
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28 | 28 | | Sec. 1. 8 V.S.A. § 4078 is added to read: 2 |
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29 | 29 | | § 4078. HEALTH CARE SHARING PLAN OR ARRANGEMENT; 3 |
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30 | 30 | | REPORTING AND CERTIFICATION 4 |
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31 | 31 | | (a) A person who is not authorized by the Commissioner under chapter 5 |
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32 | 32 | | 101, 123, 125, or 139 of this title to offer insurance in this State and who offers 6 |
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33 | 33 | | or intends to offer a plan or arrangement to facilitate payment or 7 |
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34 | 34 | | reimbursement of health care costs or services for residents of this State, 8 |
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35 | 35 | | regardless of whether the person is domiciled in this State or another state, 9 |
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36 | 36 | | shall submit to the Commissioner on or after October 1, 2025 and on or after 10 |
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37 | 37 | | March 1 each year thereafter: 11 |
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38 | 38 | | (1) the following information: 12 |
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39 | 39 | | (A) the total number of individuals and households that participated 13 |
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40 | 40 | | in the plan or arrangement in this State in the immediately preceding calendar 14 |
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41 | 41 | | year; 15 |
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42 | 42 | | (B) the total number of employer groups that participated in the plan 16 |
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43 | 43 | | or arrangement in this State in the immediately preceding calendar year, 17 |
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44 | 44 | | specifying the total number of participating individuals in each participating 18 |
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45 | 45 | | employer group; 19 |
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46 | 46 | | (C) if the person offers a plan or arrangement in other states, the total 20 |
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47 | 47 | | number of participants in the plan or arrangement nationally; 21 BILL AS INTRODUCED S.132 |
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48 | 48 | | 2025 Page 3 of 8 |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | VT LEG #379182 v.1 |
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52 | 52 | | (D) any contracts the person has entered into with providers in this 1 |
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53 | 53 | | State who provide health care services to plan or arrangement participants; 2 |
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54 | 54 | | (E) the total amount of fees, dues, or other payments collected by the 3 |
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55 | 55 | | person in the immediately preceding calendar year from individuals, employer 4 |
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56 | 56 | | groups, or others who participated in the plan or arrangement, specifying the 5 |
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57 | 57 | | percentage of fees, dues, or other payments retained by the person for 6 |
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58 | 58 | | administrative expenses; 7 |
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59 | 59 | | (F) the total dollar amount of requests for reimbursement of health 8 |
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60 | 60 | | care costs or services that were submitted in this State in the immediately 9 |
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61 | 61 | | preceding calendar year by plan or arrangement participants or providers who 10 |
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62 | 62 | | provided health care services to plan or arrangement participants; 11 |
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63 | 63 | | (G) the total dollar amount of requests for reimbursement of health 12 |
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64 | 64 | | care costs or services that were submitted in this State and were determined to 13 |
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65 | 65 | | qualify for reimbursement under the plan or arrangement in the immediately 14 |
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66 | 66 | | preceding calendar year; 15 |
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67 | 67 | | (H) the total dollar amount of payments made to providers in this 16 |
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68 | 68 | | State in the immediately preceding calendar year for health care services that 17 |
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69 | 69 | | were provided to or received by plan or arrangement participants; 18 |
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70 | 70 | | (I) the total dollar amount of reimbursements made to plan or 19 |
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71 | 71 | | arrangement participants in this State in the immediately preceding calendar 20 BILL AS INTRODUCED S.132 |
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72 | 72 | | 2025 Page 4 of 8 |
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73 | 73 | | |
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74 | 74 | | |
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75 | 75 | | VT LEG #379182 v.1 |
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76 | 76 | | year for health care services provided to or received by a plan or arrangement 1 |
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77 | 77 | | participant; 2 |
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78 | 78 | | (J) the total number of requests for reimbursement of health care 3 |
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79 | 79 | | costs or services submitted in this State in the immediately preceding calendar 4 |
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80 | 80 | | year that were denied, expressed as a percentage of total reimbursement 5 |
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81 | 81 | | requests submitted in that calendar year, and the total number of 6 |
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82 | 82 | | reimbursement request denials that were appealed; 7 |
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83 | 83 | | (K) the total dollar amount of health care expenses submitted in this 8 |
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84 | 84 | | State by plan or arrangement participants or providers in the immediately 9 |
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85 | 85 | | preceding calendar year that qualify for reimbursement pursuant to the plan or 10 |
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86 | 86 | | arrangement criteria but that, as of the end of that calendar year, have not been 11 |
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87 | 87 | | reimbursed, excluding any amounts that the plan or arrangement participants 12 |
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88 | 88 | | incurring the health care costs must pay before receiving reimbursement under 13 |
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89 | 89 | | the plan or arrangement; 14 |
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90 | 90 | | (L) the estimated number of plan or arrangement participants the 15 |
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91 | 91 | | person anticipates in this State in the next calendar year, specifying the number 16 |
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92 | 92 | | of individuals, households, employer groups, and employees; 17 |
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93 | 93 | | (M) a list of other states in which the person offers a plan or 18 |
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94 | 94 | | arrangement; 19 |
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95 | 95 | | (N) a list of any third parties, other than a licensed insurance 20 |
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96 | 96 | | producer, that are associated with or assist the person in offering or enrolling 21 BILL AS INTRODUCED S.132 |
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97 | 97 | | 2025 Page 5 of 8 |
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98 | 98 | | |
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99 | 99 | | |
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100 | 100 | | VT LEG #379182 v.1 |
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101 | 101 | | participants in this State in the plan or arrangement, copies of any training 1 |
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102 | 102 | | materials provided to a third party, and a detailed accounting of any 2 |
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103 | 103 | | commissions or other feeds or remuneration paid to a third party in the 3 |
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104 | 104 | | immediately preceding calendar year for: 4 |
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105 | 105 | | (i) marketing, promoting, or enrolling participants in a plan or 5 |
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106 | 106 | | arrangement offered by the person in this State; or 6 |
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107 | 107 | | (ii) operating, managing, or administering a plan or arrangement 7 |
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108 | 108 | | offered by the person in this State; 8 |
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109 | 109 | | (O) the total number of licensed insurance producers that are 9 |
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110 | 110 | | associated with or assist the person in offering or enrolling participants in this 10 |
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111 | 111 | | State in the plan or arrangement, the total number of participants enrolled in 11 |
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112 | 112 | | the plan or arrangement through a licensed insurance producer, copies of any 12 |
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113 | 113 | | training materials provided to a producer, and a detailed accounting of any 13 |
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114 | 114 | | commissions or other fees or remuneration paid to a producer in the 14 |
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115 | 115 | | immediately preceding calendar year for marketing, promoting, or enrolling 15 |
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116 | 116 | | participants in a plan or arrangement offered by the person in this State; 16 |
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117 | 117 | | (P) copies of any consumer-facing and marketing materials used in 17 |
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118 | 118 | | this State in promoting the person’s plan or arrangement, including plan or 18 |
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119 | 119 | | arrangement descriptions, benefit descriptions, and other materials that explain 19 |
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120 | 120 | | the plan or arrangement; 20 BILL AS INTRODUCED S.132 |
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121 | 121 | | 2025 Page 6 of 8 |
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122 | 122 | | |
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123 | 123 | | |
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124 | 124 | | VT LEG #379182 v.1 |
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125 | 125 | | (Q) the name, mailing address, email address, and telephone number 1 |
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126 | 126 | | of an individual serving as a contact for the person in this State; 2 |
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127 | 127 | | (R) a list of any parent companies, subsidiaries, and other names that 3 |
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128 | 128 | | the person has operated under at any time within the immediately preceding 4 |
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129 | 129 | | five calendar years; and 5 |
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130 | 130 | | (S) an organizational chart of the person and a list of the officers and 6 |
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131 | 131 | | directors of the person; and 7 |
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132 | 132 | | (2) a certification by an officer of the person that, to the best of the 8 |
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133 | 133 | | person’s good-faith knowledge and belief, the information submitted is 9 |
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134 | 134 | | accurate and satisfies the requirements of this subsection. 10 |
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135 | 135 | | (b)(1) If a person subject to the requirements of subsection (a) of this 11 |
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136 | 136 | | section fails to submit the information required by that subsection, the 12 |
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137 | 137 | | submission is incomplete. The Commissioner shall make a determination of 13 |
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138 | 138 | | completeness not later than 45 days after the submission is received. If the 14 |
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139 | 139 | | Commissioner has not informed the person of any deficiencies in the 15 |
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140 | 140 | | submission within 45 days after receiving the submission, the submission is 16 |
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141 | 141 | | considered complete. 17 |
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142 | 142 | | (2)(A) If the Commissioner determines that a person has failed to 18 |
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143 | 143 | | comply with the requirements of subsection (a) of this section, the 19 |
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144 | 144 | | Commissioner shall: 20 BILL AS INTRODUCED S.132 |
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145 | 145 | | 2025 Page 7 of 8 |
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146 | 146 | | |
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147 | 147 | | |
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148 | 148 | | VT LEG #379182 v.1 |
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149 | 149 | | (i) notify the person that the submission is incomplete and 1 |
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150 | 150 | | enumerate in the notification each deficiency found in the person’s submission; 2 |
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151 | 151 | | and 3 |
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152 | 152 | | (ii) allow the person 30 days after notice of the incomplete 4 |
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153 | 153 | | submission to remedy the deficiency found in the submission. 5 |
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154 | 154 | | (B) If the person does not remedy the deficiency within the 30-day 6 |
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155 | 155 | | period, the Commissioner may impose an administrative penalty not to exceed 7 |
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156 | 156 | | $5,000.00 per day. 8 |
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157 | 157 | | (C) If the person does not remedy the deficiency or deficiencies 9 |
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158 | 158 | | within 30 days after the initial administrative penalty is imposed, the 10 |
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159 | 159 | | Commissioner may issue cease and desist order pursuant to section 2110 of 11 |
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160 | 160 | | this title. 12 |
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161 | 161 | | (c) On or before April 1, 2026 and on or before each October 1 thereafter, 13 |
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162 | 162 | | the Commissioner shall: 14 |
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163 | 163 | | (1) prepare a written report summarizing the information submitted by 15 |
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164 | 164 | | persons pursuant to subsection (a) of this section; and 16 |
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165 | 165 | | (2) post the report on the Department’s website, along with accurate and 17 |
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166 | 166 | | evidence-based information about the persons who submitted information 18 |
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167 | 167 | | pursuant to subsection (a) of this section, including how consumers may file 19 |
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168 | 168 | | complaints. 20 BILL AS INTRODUCED S.132 |
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169 | 169 | | 2025 Page 8 of 8 |
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170 | 170 | | |
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171 | 171 | | |
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172 | 172 | | VT LEG #379182 v.1 |
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173 | 173 | | (d) The Commissioner may adopt rules as necessary to implement this 1 |
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174 | 174 | | section. 2 |
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175 | 175 | | Sec. 2. EFFECTIVE DATE 3 |
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176 | 176 | | This act shall take effect on passage. 4 |
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