May 28, 2014

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules/index.html. There is also a list of rule-making liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 02-031 Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 275, Medicare Supplement Insurance
PROPOSED RULE NUMBER: 2014-P121
BRIEF SUMMARY: This proposal reflects changes in state law since previous amendments to the rule and to address outstanding ambiguities and regulatory questions. A more detailed description may be found in the Notice of Rulemaking on the Bureau of Insurance website , http://www.maine.gov/pfr/insurance/laws_rules.htm
DETAILED BASIS STATEMENT / SUMMARY: This proposal reflects changes in state law since previous amendments to the rule and to address outstanding ambiguities and regulatory questions. Specifically the proposed amendments:
-implement Resolve 2013 ch. 19 which directs the Bureau of Insurance to amend its rules to clarify that Medicare Advantage enrollees who change Medicare Advantage plans during their three year trial period do not lose their Medicare supplement guaranteed issue rights as a result of the change. It also clarifies similar rights may also apply to certain other programs;
- clarify the requirement for an extension of benefits during a period of total disability;
- requires a notice of rate increase for an older plan to include notice of the right to exchange that plan for a current standardized plan;
- clarify the limitation on preexisting condition exclusions for person who enroll in a Medicare supplement plan during an open enrollment period;
- clarify Medicare supplement guaranteed issue rights for dual eligible beneficiaries who lose eligibility for medical benefits under Medicaid;
- require certain notices of guaranteed issue rights to include an explanation of the Medicare Advantage three year trial period;
- require carriers to monitor and assess the accuracy of information provided to consumers by outside entities or associations with particular attention to guaranteed issue rights and other state-specific issues that cannot be addressed accurately by nationally uniform materials;
- add a reporting requirement for enrollees who have Medicare supplement and Medicare Advantage plans with the same carrier;
- clarify that if Medicare supplement Plan A coverage is issued on a guaranteed issue basis pursuant to 24-A MRSA §5012, the issuer shall not apply a preexisting condition; and
- provide for miscellaneous corrections and clarifications.
PUBLIC HEARING: June 18, 2014, 9:00 a.m., Kennebec Room, Maine Department of Professional and Financial Regulation Building, 76 Northern Avenue, Gardiner, ME
COMMENT DEADLINE: June 30, 4:30 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Elena Crowley, Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8421. E-mail: Elena.I.Crowley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24 M.R.S. §2317-B, 24-A M.R.S. §§ 212, 2413(1)(F), 4207(9), 5002-A, 5002-B, 5005, 5010-A and 5011
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/laws_rules.htm
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 02-031 Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 580, Third Party Notice of Cancellation
BRIEF SUMMARY: This proposed amendment implements 2013 Resolve ch. 39 to adjust existing notice requirements for long term care insurance policies in situations where the insured pays the premium through payroll deduction.
PROPOSED RULE NUMBER: 2014-P122
PUBLIC HEARING: 9:00 a.m., June 18, 2014, Kennebec Room, Department of Professional & Financial Regulation Building, Gardiner, ME.
COMMENT DEADLINE: 4:30 p.m., June 30, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Elena Crowley, Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8421. E-mail: Elena.I.Crowley@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 24 M.R.S. §2370 and 24-A M.R.S. §§ 212, 2707-A, 2847-C, 4212(2), 4222-A, 5016 and 2013 Resolve ch. 39.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 99-420 - Maine Turnpike Authority (MTA)
CHAPTER NUMBERS AND TITLES: Ch. 1, Rules Governing the use of the Maine Turnpike; Ch. 2, Regulations for the Installation of Logo Signs on the Maine Turnpike; and Ch. 3 (New), Rules Governing Supplemental Guide Signs on the Maine Turnpike
PROPOSED RULE NUMBERS: 2014-P123, P124, P125
BRIEF SUMMARY: Chapter One would be amended to raise the speed limit by 5 mph on most of the Maine Turnpike, clarify provisions relating to parking, pedestrians and vegetation on MTA land, change the section on over limit permits to align requirements more closely with state requirements and establish a system for vehicles not eligible for permits to obtain over limit permits in special situations. Chapter Two would be amended to specifically define categories of attractions eligible for logo signs on the Maine Turnpike, to add physical specifications for signs to the rules, to allow the MTA to give preference under the logo sign program to destinations that formerly were served by a supplemental guide sign, and to require destinations to pay for replacement of logo signs when they wear out. A new chapter would be added to the MTA rules to establish a process for handling requests to the MTA for new supplemental guide signs or changes to existing supplemental guide signs.
PUBLIC HEARING: June 19th, 2014, 4 p.m., Maine Turnpike Authority Headquarters, 2360 Congress Street, Portland, ME
COMMENT DEADLINE: June 29th, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Jonathan Arey, Maine Turnpike Authority, 2360 Congress Street, Portland, ME 04210. Telephone: (207) 482-8136. E-mail: JArey@MaineTurnpike.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 23 MRSA §§ 1965(1)(C) , 1965(1)(U), 1973(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maineturnpike.com/Home.aspx .


AGENCY: 16-219 - Department of Public Safety (DPS) - Office of the Commissioner
CHAPTER NUMBER AND TITLE: Ch. 70 (New), Regulation Establishing Critical Incident Stress Management Team Training Standards
PROPOSED RULE NUMBER: 2014-P126
BRIEF SUMMARY: The principal reason for proposing this regulation is to establish the training standards that must be met for a team to qualify as a “critical incident stress management team.”
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: by 5 p.m., June 30, 2014.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Christopher Parr, 42 State House Station, Augusta, Maine 04333-0042. Telephone: (207) 624-7200. E-mail: Christopher.Parr@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 25 M.R.S. §4201(2).
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dps/ .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 14, Commercial Whitewater Rafting (14.03, 14.07)
PROPOSED RULE NUMBER: 2014-P127
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife is proposing to amend the rules regulating whitewater rafting as they apply to the prerequisites for an applicant to be examined for a Whitewater Guide’s License. The proposed rule will allow for greater flexibility in the training of whitewater guides and authorize the focus of river training to take place on either the Kennebec River or the Penobscot River. All current requirements as to the number of runs will still be met.
The Department is also proposing to remove language from the rule as it applies to additional allocated days.
For a complete copy of the proposed rule please contact the agency contact person listed below.
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: June 27, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §§ 12909, 12913
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 01-015 - Maine Milk Commission (MMC)
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices Order, Order #07-14
PROPOSED RULE NUMBER: 2014-P128 (Emergency)
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
PUBLIC HEARING: June 19, 2014, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Conservation and Forestry, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: June 19, 2014
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054, 7 MRSA §2954


AGENCY: 99-346 - Maine State Housing Authority (MSHA)
CHAPTER NUMBER AND TITLE: Ch. 16, Low-Income Housing Tax Credit Rule
PROPOSED RULE NUMBER: 2014-P129
Upon sufficient notice, this notice and the proposed rule will be made available in alternative formats for persons with disabilities and in alternative languages for persons with limited English proficiency.
BRIEF SUMMARY: Maine State Housing Authority, as the State’s designated housing credit agency, is required to adopt a qualified allocation plan for allocating and administering federal low income housing tax credits, including without limitation the State ceiling of federal low-income housing tax credits pursuant to Section 42 of the Internal Revenue Code of 1986, as amended. Ch. 16 of Maine State Housing Authority’s rules is the State’s qualified allocation plan. The proposed rule will repeal and replace the current Ch. 16 and will be the State’s qualified allocation plan for allocating and administering the federal low-income housing tax credits, including the 2015 and 2016 State ceiling of federal low-income housing tax credits.
DETAILED BASIS STATEMENT / SUMMARY: The Internal Revenue Code of 1986, as amended, (the “Code”) and the Maine Housing Authorities Act require Maine State Housing Authority (“MaineHousing”), as the State’s designated housing credit agency, to adopt a qualified allocation plan for allocating and administering federal low income housing tax credits (“Credit”), including without limitation the state ceiling of federal low-income housing tax credits allocated to Maine annually (the “State Ceiling”).
Ch. 16 of MaineHousing’s rules, the Low Income Housing Tax Credit Rule, is the State’s qualified allocation plan for allocating and administering the Credit. This rule, sometimes referred to herein as the plan, repeals and replaces in its entirety the prior Ch. 16, referred to herein as the prior plan. This rule provides for a two-year qualified allocation plan, and governs the allocation of the 2015 State Ceiling and the 2016 State Ceiling. MaineHousing is adopting a two-year qualified allocation plan in response to developer input that predictability in the qualified allocation plan is critical in their planning efforts.
The priority in the selection process for the 2015 State Ceiling and the 2016 State Ceiling in the plan continues to be cost containment. This plan includes the same cost containment selection criteria as the prior rule without change, and the cost containing scoring category continues to be the highest scoring category.
This plan maintains the limitations on the use of the State Ceiling for the acquisition and rehabilitation of existing housing that were in the prior plan, but makes some of these limitations more restrictive. These limitations reflect MaineHousing’s policy of maximizing the use and efficiency of the State Ceiling, which is a valuable and limited resource. The credit rate for construction and rehabilitation of housing is 9%, but only 4% for acquisition, so using the State Ceiling for acquisition, particularly in related-party transactions, is a less efficient use of the State Ceiling. The acquisition and rehabilitation of existing affordable housing, particularly housing with project-based rental assistance from Rural Development and HUD, can usually be funded with the so-called “automatic” low-income housing tax credit which has a lower credit rate of 4% and is generated from the use of tax-exempt bond financing from the State’s bond cap. However, not all projects involving the acquisition and rehabilitation of existing affordable housing are feasible under this program. So, this plan maintains the preservation set-aside for the acquisition and rehabilitation of existing affordable housing, but reduces the amount of the set-aside to $300,000 and limits the set-aside to one project, rather than the $500,000 set-aside for up to two projects under the prior plan. This plan also requires a higher minimum amount of rehabilitation, $40,000 per unit rather than $30,000 per unit under the prior plan. The associated capital needs assessment requirements and what constitutes hard rehabilitation costs for purposes of determining whether a project meets this minimum rehabilitation requirement have also been clarified. These additional restrictions further ensure that the set-aside is used for preservation projects that are most at risk. This plan includes the developer fee limit for projects that only involve the acquisition and rehabilitation of existing housing that was in the prior plan without change.
This plan includes two new set-asides. One of the set-asides is for the reconstruction of Pierce Place in Lewiston, Maine which was partially destroyed by fire in May 2013 to preserve the Section 8 project-based rental assistance that will be lost if the units destroyed by the fire are not replaced. Some of these units are larger bedroom units for which there is a great need in Lewiston and which will not be replaced under this plan without the set-aside, because the project would not otherwise be competitive under this plan. The other set-aside is for housing for homeless persons with rental assistance and supportive services that are necessary for persons who are chronically homeless to achieve housing stability and self-sufficiency in furtherance of MaineHousing’s policies and initiatives to prevent and end homelessness. A needs ranking for housing for homeless persons was also added. If the credit under any of the set-asides is not awarded, then the credit is available for allocation to projects competing for credit in the open pool.
The plan includes significant changes to the sponsor characteristics scoring category that has historically been in the qualified allocation plan. The category includes new scoring criteria to encourage participation by developers who have experience developing multi-family housing but are new to the tax credit program. Applicants will be awarded one point if they have any prior experience developing multi-family rental housing, but have not developed a tax credit project, and will be awarded an additional point for contracting with a qualified tax credit consultant to develop the housing. The total points under this new criteria is equal to the points awarded to developers who have prior tax credit experience or other multi-family housing experience with MaineHousing. The category also includes new performance scoring criteria to discourage future poor performance by owners and management companies. Applicants will be penalized for any defaults, delinquencies and liens affecting MaineHousing-funded properties in the last 5 years, outstanding operating deficits in 10% or more of their tax credit projects developed in the last 10 years, and, for projects awarded credit in or after the 2014 tax credit round, taking more than 15 months to bring the project to construction loan closing. In the 2016 tax credit round, applicants will be penalized for having operating deficits in any of the tax credit projects that they have developed in the last 10 years. Applicants will be rewarded for using a management company that has staff with tax credit training and 3 years of experience successfully managing tax credit projects, but applicants can lose one point if they use a management company that manages projects with two consecutive below average or unsatisfactory physical plant inspections, and can lose an additional point in the 2016 tax credit round if they use a management company that fails to meeting reporting deadlines in the prior year. While applicants continue to be eligible for up to 6 points under the sponsor characteristics scoring category, those who are poor performers or hire tax credit developers or management companies that are poor performers in MaineHousing’s rental housing portfolio can lose up to 5 points in the 2015 tax credit round and up to 6 points in the 2016 tax credit round.
Smart growth is still an important consideration in the selection of tax credit projects in this plan, but the approach is different from the prior plan. This plan recognizes a variety of smart growth initiatives by giving generally equal priority to projects that are located in or near downtown, located near activities important to daily activity, located within a short commuting distance of jobs and have access to public transportation, but continues to give a higher priority to projects that are located near pick-up locations for fixed-route public transportation. The points are cumulative, so the more that a project promotes these smart growth principles, the higher the project will score. Projects that are located near a pick-up location for fixed-route public transportation and incorporate all of the other smart growth principles will receive the maximum points available under this category.
MaineHousing will continue to use service center communities as the basis for ranking housing need across the State in this plan. Service center communities are municipalities which provide jobs and retail sales to surrounding areas and are centers for services such as education, health care, cultural, recreational and social services. They are designated by the State as part of the State’s growth management initiatives to promote development in urban centers and prevent sprawl. Last year MaineHousing hired an independent market analyst to review the housing needs criteria. The consultant concluded that using service center communities as the basis for ranking housing need in the State was the fairest approach. This year, developers suggested using federal and/or state urban areas instead of or in addition to service center communities. Federal urban areas and State urban compact areas are designations that are based on population and traffic flow and are used by the State to determine responsibility for road maintenance, which has little relevance to where housing should be located. Also, federal urban areas include portions of municipalities, but the census data is only available for each municipality in its entirety, so there is no readily available housing data for the portions of municipalities that are part of federal urban areas. MaineHousing will continue to consider alternative methods for ranking housing need, but at this time, using service center communities is the most logical approach because service center communities provide residents with access to services, jobs and amenities that are important to daily living. The housing needs category has been updated based on the latest census data on the demand for and supply of affordable housing served by this program and the latest service center community designations. Changes in the needs rankings from the prior plan reflect population shifts since last year.
The vacancy rate scoring criteria in the prior plan is not included in this plan. MaineHousing continues to struggle to find a reliable source of data for vacancy rates in market rate housing. In the prior plan, MaineHousing used the market rate vacancy data in the American Community Survey at the recommendation of an independent market consultant. In practice, the quality of the American Community Survey data is questionable because, for example, the data showed no vacancies in some communities that based on other indicators should have had some level of vacancies. We do not have confidence in any of the available data sources to keep the scoring criteria at this time.
The plan includes two new one-point scoring categories. One of the categories incents the development of housing in State designated business-friendly communities consistent with the State’s economic development policy. Housing is a significant component of and can be a catalyst for economic development in a community, so coordination of programs and policies between MaineHousing and the State’s Department of Economic and Community Development is important. The other category incents greater accessibility than is required by applicable law to address the growing need for accessible housing, particularly as the State’s elderly population continues to increase significantly. It is less expensive to create an accessible unit in the construction or rehabilitation of a project than it is to retrofit a unit to make it accessible in response to a reasonable modification request.
This plan modifies the economic diversity scoring category that was introduced in the prior plan. The criteria in the prior plan that awarded points for being located in a census tract that had a higher area median household income than other census tracts in the municipality (or county for municipalities with only one census tract) have been replaced with a single criterion that awards points for being located in a municipality with an average area median income of $40,000 or more. The replaced criteria had the unintended result of not awarding points to a project in a community with a much higher area median income than other communities for which points were awarded to projects in the last scoring round. Although the area median income in the census tract was higher than other communities, it was lower than the other census tract in its community. The development of affordable housing in higher income areas, regardless of the median income of the area relative to other areas in a municipality or the county in which it is located, should be encouraged because these areas are more likely to have better educational opportunities, community services and employment opportunities. The economic diversity category in this plan still includes the other criterion that awards points for mixed-income projects in qualified census tracts.
The tenant ownership scoring criteria in the prior plan has become a tie breaker mechanism under this plan. Section 42 of the Code requires eventual tenant ownership to be included in the selection criteria in the qualified allocation plan. Over time, the tenant ownership criteria, which has remained unchanged since it was first introduced in the plan, has become an ineffective scoring criteria because most applicants pledge tenant ownership but do not provide meaningful plans for implementing it. We have not yet been presented with a feasible model for converting rental housing in our portfolio to tenant ownership. The expectation is that most developers will refinance their tax credit projects at the end of the compliance period and continue to operate them as affordable rental housing. To make the pledge more effective, this plan requires applicants who pledge eventual tenant ownership to submit a detailed plan for implementing affordable tenant ownership at the end of the 45-year extended use period. Applicants will not be bound by the pledge unless the pledge is used to break a tie between two applications with the same total development cost per unit.
The plan includes changes to the below market funding scoring category that was in the prior plan. The prior plan did not include a minimum funding amount, so applicants were pledging insignificant amounts, $2,500 or $5,000, for one point. Under this plan, applicants must have at least $100,000 of below-market funding to be eligible for any points. Eligible below market funding has been expanded to recognize all tax increment financing (TIF) revenues used for capital funding as grants, not just revenues from affordable housing TIFs, because they are all sources of funding for the project regardless of the defining characteristics of the TIF district. Also, eligible below market funding now includes any developer fee that is deferred or loaned as below market capital funding for a project, except developer fee that exceeds the limits and is allowed under the plan for the specific purpose of providing additional equity funding for a project.
Other modifications to and clarifications of selection criteria from the prior plan included in this plan are as follows. The threshold requirement that projects give preference to persons on a public housing authority or Section 8 waiting list now excludes Section 8 project-based rental assistance projects, which are also required by Section 8 to maintain a waiting list. To be eligible for the 20% special needs housing preference scoring criteria, an applicant must specify the population that will be served and contract with a third-party service provider, other than the project’s resident service coordinator, to offer services appropriate to the needs of the targeted population. The definition of “total development cost per unit” has been modified to exclude a resident manager unit if the unit is considered common space in the applicable fraction of a project. The demolition and reconstruction of existing housing that has not been condemned or declared as blight will not be eligible for credit unless otherwise approved by MaineHousing; replacement of housing that can be feasibly preserved through rehabilitation is not an efficient use of the credit and is unnecessarily disruptive for the tenants. The waiting list process has been modified to allow MaineHousing to skip over projects on the waiting list that cannot feasibly use credit and subsidy returned during a credit round to the first project on the waiting list that can utilize the returned credit and subsidy. Projects applying for automatic credit and tax-exempt debt only will only be subject to the maximum developer fee limits, not the lower MaineHousing developer fee limits.
This plan also clarifies certain scoring criteria carried over to this plan. The scoring criteria that encourages the reuse of existing sites and buildings has been modified to more clearly express our intent, particularly with respect to what we have historically referred to as urban infill. The definition of urban infill has been deleted, but the plan more clearly defines that developing on a vacant lot or a parking lot in the town or city center, rather than developing an undeveloped parcel in a residential suburb or maximizing the use of a lot under the zoning regulations, is what is intended. The ineligibility provisions and the definitions of principal and affiliate have been modified to more clearly reflect our intent. A clarification was made to the operating subsidy scoring criteria to reflect that projects exempt from real estate taxes in a community that assesses taxes, such as projects on federal land, are not eligible for points. This plan also clarifies that project reserves transferred as part of a project are not included in the calculation of acquisition costs for purposes of the scoring criteria that rewards lower acquisition costs.
Other than as set forth above, the selection criteria and provisions governing the administration of the Credit in this rule are essentially the same as the prior rule with minor grammatical changes and formatting improvements.
PUBLIC HEARING: A public hearing will be held on Tuesday, June 17, 2014 at 9:30 a.m. at Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine, 04330-4633.
Maine State Housing Authority’s office and the hearing room are accessible to persons with disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided to persons with disabilities and persons with limited English proficiency.
COMMENT DEADLINE: Friday, June 27, 2014 at 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jodie Stevens, Counsel, Maine State Housing Authority, State House Station #89, 353 Water Street, Augusta, Maine, 04330-4633. Telephone: (207) 626-4600. Maine Relay 711. E-mail: jstevens@mainehousing.org .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 30-A MRSA §4741(1), 30-A MRSA §4741(14) and Section 42 of the Internal Revenue Code of 1986, as amended
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same as above
WEBSITE: http://www.mainehousing.org/ .
MSHA RULE-MAKING LIAISON: luhl@mainehousing.org .

ADOPTIONS

AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 180, Performance Evaluation and Professional Growth Systems
ADOPTED RULE NUMBER: 2014-099 (Final adoption, major substantive)
CONCISE SUMMARY: This rule fleshes out the requirements of Title 20-A ch. 508, which requires all school administrative units to develop, pilot and implement comprehensive performance evaluation and professional growth systems for teacher and principals. The rule establishes standards and procedures for implementation of performance evaluation and professional growth systems (PE/PG systems) for teachers and principals.
The rule defines terms, adopts sets of professional practice standards for teachers and principals, establishes criteria that must be met by student growth measures used in a PE/PG system and requires involvement of educators in implementation of systems. The rule sets forth the process for obtaining department approval of locally-developed plans.
EFFECTIVE DATE: June 20, 2014
AGENCY CONTACT PERSON / DOE RULE-MAKING LIAISON: Deborah Friedman, Maine Department of Education, 23 State House Station, Augusta, MR 04333. Telephone: (207) 624-6620. E-mail: Deborah.Friedman@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .


AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
ADOPTED RULE NUMBER: 2014-100
CONCISE SUMMARY: This rule amendment will change the file specifications and mapping, as mandated by the U.S. Department of Health & Human Services (45 C.F.R. Part 162), in order to accommodate the implementation of the International Classification of Diseases, 10th Revision, "Clinical Modification" (ICD-10-CM). Copies of this rule amendment can be reviewed and printed from the MHDO web-site at http://mhdo.maine.gov/imhdo/rules.htm . This rule is not expected to have any adverse economic impact on small businesses.
EFFECTIVE DATE: May 27, 2014
CONTACT PERSON: Karynlee Harrington, Acting Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102. Telephone: (207) 287-6722. E-mail: Karynlee.Harrington@Maine.gov .
MHDO WEBSITE: https://mhdo.maine.gov/ .
MHDO RULE-MAKING LIAISON: Debra.J.Dodge@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) – Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 2014-101
CONCISE SUMMARY: This rule permanently adopts changes already made on an emergency basis. In this rule-making, the Department adopts the changes required by Resolve 2013 ch. 72, to clarify the timeframe during which nursing facilities must demonstrate their compliance with the October 1, 2011, 2% Cost-Of-Living Adjustment (COLA) for front-line staff. If CMS approves, the following applies for the 2%, October 2011, COLA that the Department gave to nursing facilities: nursing facilities must demonstrate, to the satisfaction of the Department, a 2% increase in the average wage and benefit rate per hour for front-line employees for their first fiscal years ending after July 1, 2013, from the average wage and benefit rate per hour for front-line employees that was in effect for their fiscal years ending 2008. If the nursing facilities cannot demonstrate that 2% increase to the satisfaction of the Department, then the Department will recoup, at time of audit, the difference between what the average wage and benefit rate per hour for front line employees for the first fiscal years ending after July 1, 2013, should have been if it had been increased by 2% from what it was.
This rule-making also:
1. Removes the word “Care” from “Routine Care Cost Component”.
2. Removes obsolete language – from Section 41.2.3(D), regarding how sanctions were calculated in the period of time leading up to MIHMS implementation and language referring to MIHMS in the future tense. MIHMS went live on 9/1/2010.
3. Removes obsolete language – from Section 80.3.4, regarding how the “Direct Care Component” was calculated in the period of time leading up to MIHMS implementation and language referring to MHIMS in the future tense. MIHMS went live on 9/1/2010.
4. Changes ‘Brain Injury’ to Acquired Brain Injury and ‘BI’ to ‘ABI’ to use the same definitions set forth in 22 M.R.S. §3086 and to be consistent with terminology utilized in Ch. II sec. 67.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rule-making documents.
EFFECTIVE DATE: May 29, 2014
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-6427. Fax: (207) 287-9369. TTY: 711 (Deaf/Hard of Hearing). E-mail: Derrick.Grant@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .