Vermont Code of Rules, Agency 80 — Administrative and Advisory Agencies

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Subagency 050 BREEDERS STAKE BOARD

Chapter 001 BOARD RULES

80-001 Code Vt. R. 80-050-001-X BOARD RULES

Section A General Rules

  1. The Board shall appoint a clerk.

  2. The clerk shall determine the eligibility of all horses as to racing or breeding under these rules, and shall certify to the Board all those declared eligible and shall list all those found ineligible. The clerk shall also notify each submitter of a nomination of the eligibility.

  3. Any person aggrieved by a decision of the clerk determining eligibility shall have a right of appeal to the full Board and the Board shall hear any dispute regarding eligibility and its determination as to eligibility shall be final.

  4. The Board shall approve all agreements with fair associations or other facilities for the racing of Vermont Breeders Stake races, and may appoint one or more members to negotiate with the party holding the racing meetings.

  5. The rules of the United States Trotting Association shall govern all racing where not inconsistent with the rules of the Vermont Breeders Stake Board, or of the State of Vermont.

  6. These rules may be amended by the Board after notice and public hearing pursuant to 3 V.S.A. chapter 25.

Section B DEFINITIONS

  1. "Vermont-owned": a minimum of 50 percent of the interest of the horse must be owned by one or more Vermont citizens at the time of nominating date, and at the time of racing. A horse under lease for one year or more shall be considered as owned.

  2. "Vermont Stallion": a standardbred stallion located in Vermont and standing stud for purposes of impregnating mares and registered with the Vermont Breeders Stake Board. A stallion will be considered registered when it is registered with the Vermont Breeders Stake Board.

"Vermont-foaled"; a foal that is actually born within the geographic boundaries of the State of Vermont.

"Nomination": the designation of a foal that has been named and registered with the United States Trotting Association by forwarding a photocopy of the registration certificate to the Vermont Breeders Stake Board, c/o Commissioner, Department of Agriculture, 116 State Street, Montpelier, Vermont 05602, on or before the nominating date.

"Board": the Vermont Breeders Stake Board.

Section C RACING

  1. At least 90 percent of all monies received by the Vermont Breeders Stake Board from the State each year shall be raced for within the State of Vermont.

  2. No more than 10 percent of all monies received by the Vermont Breeders Stake Board from the State each year shall be for administrative expenses.

  3. Each year the Board shall apportion monies received for racing in that year and in the two following years. The board shall attempt to divide the available monies 2/3 to 3-year olds and 1/3 to two-year olds, divided equally between pacers and trotters.

Section D STALLIONS

To be a Vermont Stallion the horse must meet the following requirements.

  1. Any stallion registered with the United States Trotting Association as a stallion shall be eligible for registration as a Vermont Stallion by filing a photocopy of its United States Trotting Association registration with the clerk of the Board, and a statement as to where it will stand within the State of Vermont.

  2. Eligibility is maintained by filing by October 1 of each year the names of mares bred since October 1 of the preceding year, and any other mares bred and not included in the previous list.

  3. Said stallion shall remain in Vermont for its sole stud purposes at the location set forth in its Vermont registration for the remainder of that breeding season. Only offspring resulting from breedings that occur at that location will be considered as foals by a Vermont stallion.

Section E ELIGIBILTY FOR RACING

  1. 1987 Racing

Foals by Vermont stallions.

  1. 1988 Racing

(a) Foals by Vermont Stallions

(b) Vermont-foaled

(c) Foals from mares that were Vermont-owned at the time of foaling, and the mares have been physically kept within the State of Vermont for at least 90 days in the year of foaling.

  1. 1989 Racing and Thereafter

(a) Foals by Vermont Stallions

(b) Vermont-foaled

(c) Foals from mares that were Vermont-owned at the time of foaling, and the mares have been physically kept within the State of Vermont for at least 90 days in the year of foaling.

Section F RACING CONDITIONS

  1. To be determined by the race secretary at each meeting.

  2. The purse for each dash shall be distributed as follows: 50, 25, 12, 8 and 5 percent, if five or more starters; 50, 25, 15 and 10 percent, if only four starters; 50, 30 and 20 percent, if only three starters; 65 and 35 percent if only two starters.

  3. Gait must be specified on nomination. Transfer of gait may be made at the time of declaration.

  4. Each fair, association or other facility may charge a starting fee of not more than $ 50.00 for each horse declared to start under the rules of the racing association sponsoring the race, which starting fee shall be added to the purse for that race.

  5. Nominating date will be May first.

  6. Should circumstances prevent the racing of any event monies will be pro-rated among the owners of declared starters for the uncontested event at the time of declaring off.

History

  • Effective Date: January 1988 (Secretary of State Rule Log #87-57)

Subagency 120 HOME MORTGAGE GUARANTEE BOARD

Chapter 002 RULES FOR GUARANTEES OF ENERGY CONSERVATION LOANS

80-002 Code Vt. R. 80-120-002-X RULES FOR GUARANTEES OF ENERGY CONSERVATION LOANS

Section I DEFINITIONS

1.1 "Dwelling Property" means the primary legal residence of borrower which is occupied by the borrower and which contains not more than 4 (four) living units.

1.2 "Energy Conservation Loan" means a loan not to exceed the amount authorized by 10 V.S.A. § 399(a) as the same may be amended from time to time, of which at least 60% must be used for dwelling improvements that are directly related to energy conservation, and all of which must be used for improvements to the dwelling property and the reasonable expense of obtaining the loan including the payment of the guarantee fee.

1.3 Terms not otherwise defined shall have the meaning ascribed to them by VHMGB "Rules for Guarantees of Mortgage Loans".

Section II GENERAL PROVISIONS

2.1 No lender shall be eligible to make application to the Board for any Guarantee until it has signed and executed a contract with the Board establishing the rights and duties of the parties with respect to guarantees issued by the Board. Such contract may incorporate the Board's operating policy manual.

2.2 The Board may prescribe standard forms for "Loan Application", "Credit Report", "Income and Employment Verification", "Loan Guarantee Certificate", "Delinquency Report", "Claim Loss", "Note", and any other forms necessary to effect the proper operation of the program.

2.3 All applications for energy conservation loans must be accompanied by an itemized description of the work to be done with the proceeds of the loan showing estimates or actual costs of each major item.

2.4 In determining the acceptability of loans to be guaranteed by the Board, the lender shall employ prudent and commonly accepted loan underwriting standards as they relate to the credit worthiness of the borrower and the borrower's ability to repay the loan based on a determination of the borrower's stable income. As a guideline, the borrower's total Monthly Debt should not exceed 38% (thirty-eight percent) of Gross Monthly Income. The following items must be included in calculating Total Monthly Debt:

  1. Principal and interest on the Energy Conservation Loan,

  2. Principal and interest on all loans secured by a mortgage on the subject property,

  3. Hazard insurance premium,

  4. Real estate taxes,

  5. Monthly Installment Obligations with more than six remaining payments,

Mortgage insurance premiums,

Leasehold payments, and

Homeowners Association dues or condominium maintenance fee (excluding unit utility charges). The Board may allow alimony and child support payments actually paid by a borrower to be treated as a deduction from Gross Monthly Income instead of as an addition to Monthly Debt Obligations.

2.5 The Board's guarantee fee for energy conservation loans shall be the amount authorized by 10 V.S.A. § 387, as the same may be amended from time to time, or such lesser amount as the Board may determine by Resolution. The guarantee for such loans may extend to the full amount of the loan, or such lesser amount as the Board may determine by Resolution.

2.6 All loans guaranteed hereunder shall be fixed-rate, fixed-term loans payable in equal monthly installments of principal and interest throughout the term which may not exceed 120 months.

2.7 The Board's guarantee will be issued after submission of the application documents required by the Board including the appropriate guarantee fee and upon determination by the Board that the loan is eligible for a guarantee.

Section III SERVICING AND REPORTING

3.1 Lenders shall keep complete and accurate records of all loans guaranteed by the Board. All records shall be available for inspection by the Board at the office of the lender during normal business hours.

3.2 Within 10 (ten) days after the borrower is 3 (three) months in default, notice thereof shall be given to the Board by the lender. Monthly Reports thereafter shall be given to the Board by the lender until the default is brought up-to-date or Claim for Loss is filed. A Claim for Loss may be filed at any time after the Note is 4 (four) months in default, but in no event later than 6 (six) months after the first incurred default unless and extension of the claim period is granted by the Board. In the event, and at the time of the claim, the lender's interest in the defaulted Note shall be assigned to the Board.

3.3 Upon failure by the lender to file either a Notice of Delinquency or a request for Extension of Claim Period as provided for in Section 3.2 above, the Loan Guarantee, may at the option of the Board, be terminated and void and the Board shall be released from any obligations which it may have had. Notwithstanding the foregoing, unless the Board can show that it has been materially predjudiced [prejudiced] from the lender's failure to file said written reports, no loan guarantees shall be terminated or voided by reason of such failure except after 30 days written notice to the lender and an opportunity to cure the reporting deficiency within that time.

3.4 Lenders shall aggressively pursue all delinquent accounts and take appropriate actions to bring them current. If a delinquency persists beyond 90 (ninety) days, a written payment arrangement must be entered into by the borrower. At a minimum, the arrangement must require the borrower to make monthly payments beginning on the 120th (one hundred twentieth) day of delinquency in an amount sufficient to bring the account current within 6 (six) months thereafter. If the borrower is unwilling to enter into such an arrangement, or the borrower fails to make the payments as required and the lender has determined that the account is uncollectible, then a Claim for Loss may be filed with the Board without further collection action by the lender.

Section IV PAYMENT AND LIMIT OF LOSS

4.1 The sum due to the lender on account of a Loss shall be payable within 30 (thirty) days after filing a claim for such loss on a form to be furnished by the Board.

4.2 After all steps required in Section 3.4 above have been taken, and after receipt of a bonafide Claim for Loss, the Board shall be obligated to pay claims equal to that percentage of the outstanding principal due on the loan that is covered under the guarantee plus uncollected earned interest to the date of filing by the lender of a bonafide Claim for Loss. Should the lender pursue collections of the delinquency beyond the steps indicated in Section 3.4, in addition to the items of the loss indicated above, the Board will pay 25% (twenty-five percent) of the amount collected by an attorney or other third party on the defaulted note provided the insured does not waive its claim against the borrower for such fees.

4.3 Sums payable by the Board pursuant to Section 4.2 above shall in no event exceed in the aggregate 100% (one hundred precent [percent]) of the original principal amount of the loan.

History

  • Effective Date: October 1981 (Secretary of State Rule Log #81-59)

Subagency 140 HOUSING FINANCE AGENCY

Chapter 003 LOANS-SINGLE FAMILY MORTGAGE

80-003 Code Vt. R. 80-140-003-X LOANS-SINGLE FAMILY MORTGAGE

Section 1 Authority

These Rules and Regulations are issued under and pursuant to the authority granted to Vermont Housing Finance Agency by 10 V.S.A. § 622 and § 623.

Section 2 Purpose and Objectives

These Rules and Regulations are established to effectuate, and shall be applied so as to accomplish, the general purposes of the Vermont Housing Finance Agency Act to promote the expansion of the supply of funds in the State available for mortgages on residential housing and to encourage an adequate supply of safe and decent housing at reasonable costs.

Section 3 Definitions

(1) Unless a different meaning is required from the context in which they are used herein, all words and terms which are defined in the Vermont Housing Finance Agency Act are used in these Rules and Regulations as defined in the Act.

(2) Subject to the provisions of subsection 3(1) above, the following words or terms as used in these Rules and Regulations shall have the following meanings:

(a) "Act" shall mean the Vermont Housing Finance Agency Act, 10 V.S.A., Chapter 25, as amended.

(b) "Developmentally Disabled" means a person with a developmental disability as defined in 42 U.S.C. Sec. 6001.

(c) "Elderly" means a person aged 62 or older or the spouse of such person.

(d) "Forward Commitment Mortgage Loan" means Mortgage Loans made by a Mortgage Lender to Persons and Families of Low and Moderate Income after the execution of a Mortgage Loan Purchase Agreement and pursuant to the terms thereof.

(e) "Group Home" means a residential housing unit intended to house three or more elderly, handicapped or developmentally disabled residents (plus a supervisor's apartment, if provided) in a family-style household.

(f) "Handicapped Person" means any person who has a physical or mental impairment which substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

(g) "Loan-to-Value Ratio" means the ratio at the time of purchase of a Qualified Mortgage Loan by the Agency of the outstanding principal amount of the principal of the Qualified Mortgage Loan to (i) the value of the mortgaged property as determined by a Qualified Appraiser or (ii) the purchase price of the mortgaged property, whichever is lower.

(h) "Mortgage Loan Application and Commitment" means the application of a Mortgage Lender to the Agency for the sale of Qualified Mortgage Loans to the Agency constituting a binding commitment for such sale by the Mortgage Lender.

(i) "Mortgage Loan Purchase Agreement" means an agreement and between the Agency and a Mortgage Lender providing for the sale of Qualified Mortgage Loans to the Agency pursuant to a Mortgage Loan Application and Commitment.

(j) "Mortgage Loan Servicing Agreement" means an agreement by and between the Agency and Mortgage Lender providing for the servicing of Qualified Mortgage Loans by such Mortgage Lender under which Qualified Mortgage Loans are purchased by the Agency pursuant to a Mortgage Loan Purchase Agreement.

(k) "Persons and Families of Low and Moderate Income" includes persons and families so defined from time to time by the Agency for purposes of its single-family programs, having due regard for changing economic conditions and the criteria set forth in 10 V.S.A. § 601(11).

(l) "Portfolio Mortgage Loan" means Mortgage Loans made prior to the execution of a Mortgage Loan Purchase Agreement for the purchase or refinancing of residential housing whether or not for occupancy by Persons and Families of Low and Moderate Income in the State of Vermont made prior to the execution of a mortgage purchase agreement havingthe reinvestment requirements stated herein.

(m) "Qualified Appraiser" means a person licensed by the State of Vermont as an appraiser of real estate.

(n) "Qualified Mortgage Loan" means a Mortgage Loan insured or guaranteed pursuant to Qualified Mortgage Loan Enabling Legislation, or a Mortgage Loan insured by a private mortgage loan insurance company approved by the Agency pursuant to a policy of insurance which meets the security requirements of the Act as determined by the Agency, or an uninsured and non-guaranteed Mortgage Loan, provided that the outstanding principal amount of such Mortgage Loan is not greater than seventy-five percent (75%) of the value of the mortgaged property at the timee of purchase of the Mortgage Loan by the Agency.

(o) "Qualified Mortgage Loan Enabling Legislation" means the National Housing Act of 1949, being Public Law 479, 73rd Congress, 48 Stat. 12 U.S.C. 1701 et. seq. in the case of Mortgage Loans insured by the Federal Housing Administration; the Servicemen's Readjustment Act, being Title 38 of U.S.C., Section 1801 et. seq., in the case of Mortgage Loans guaranteed by the Veterans Administation; the Farmers Home Administration Act, being 42 U.S.C. 1471, in the case of Mortgage Loans insured by the Farmers Home Administration; and the Vermont Housing Finance Agency Act, being Title 10, Vermont Statutes Annotated, Chapter 18, in the case of Mortgage Loans guaranteed by the Vermont Home Mortgage Guarantee Board or its predecessor, Vermont Home Mortgage Credit Agency.

(p) "Qualified Private Mortgage Insurer" means an insurer qualified to do business in the State of Vermont and qualified to provide insurance on mortgages purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation.

(q) "Rehabilitation Mortgage Loan" means a loan made to the present or intended occupant of Residential Housing by a Mortgage Lender for the rehabilitation, improvement and repair of residential housing and facilities incidental thereto undertaken primarily to provide Residential Housing located in the State.

(t) "Residential Housing" means single or multifamily residential housing units comprised of not more than four such units designed and used primarily to provide the principal dwelling accommodations for persons or families, including the land and improvements thereon.

(u) "State" means the State of Vermont.

(v) "Value" means the lower of the purchase price or appraised value as determined by a Qualified Appraiser.

Section 4 Program

(a) These Rules and Regulations are adopted to provide for the Agency's program of purchasing Portfolio Mortgage Loans and Forward Commitment Mortgage Loans from Mortgage Lenders.

(b) All Mortgage Loans purchased pursuant to this program shall be Qualified Mortgage Loans.

(c) No Portfolio Mortgage Loans shall be purchased by the Agency unless the Mortgage Lender selling such Mortgage Loan agrees in writing that the proceeds of sale or its equivalent shall be reinvested in New Mortgage Loans on Residential Housing for occupancy by Persons and Families of Low and Moderate Income within the State, or in Rehabilitation Mortgage Loans, which Rehabilitation Loans need not be secured by a first mortgage lien.

(d) No Forward Commitment Mortgage Loan shall be purchased by the Agency unless the Mortgage Loan is made to a Person or Family of Low and Moderate Income, or to a sponsor of a Group Home for the Elderly, Handicapped, or Developmentally Disabled.

(e) Forward Commitment Mortgage Loans and the new Mortgage Loans made by the Mortgage Lender from the reinvestment of proceeds of Portfolio Mortgage Loans as required by Paragraph (c) of this Section shall bear an interest rate below the prevailing interest rate on comparable mortgage loans or rehabilitation loans without the assistance of the Agency.

(f) At or before the time of Closing of the purchase of Mortgage Loans by the Agency, the Mortgage Lender will certify that in its judgment the Mortgage Loan would in respect of the security therefor be a prudent investment for its own account.

(g) The Agency may charge an application fee to be paid by the Mortgage Lender at the time of submission of the Mortgage Loan Application and Commitment, an Agency fee at the time of execution of the Mortgage Loan Purchase Agreement, an Agency fee at the time of delivery of the Mortgage Loans by the Mortgage Lender to the Agency, and/or an annual or other periodic program participation fee.

(h) Forward Commitment Mortgage Loans and the new Mortgage Loans made by the Mortgage Lender from the reinvestment of proceeds of Portfolio Mortgage Loans as required by Paragraph (c) of this Section shall be evidenced by mortgages on forms prepared by or approved by the Agency.

Section 5 Private Mortgage Insurance

Any private mortgage loan insurance company insuring a Qualified Mortgage Loan shall be a Qualified Private Mortgage Insurer. The Agency shall not purchase a Qualified Mortgage Loan insured by a Qualified Private Mortgage Insurer unless the amount of coverage provided for in the policy is at least equal to that portion of the outstanding principal balance of the loan which exceeds seventy-five percent (75%) of the Value of the mortgaged property at the time the Mortgage Loan was made.

Section 6 Procedure

The Agency shall mail a Mortgage Loan Application and Commitment to Mortgage Lenders requesting the same at least seven (7) days in advance of the date all such Mortgage Loan Applications and Commitments must be submitted to the Agency so as to be considered for an allocation of funds, if any. The Mortgage Loan Application and Commitment shall be in the form prescribed by the Agency.

Section 7 Allocation

To the extent that the amounts of the Mortgage Loans proposed to be sold by Mortgage Lenders exceeds the amount of the funds available therefor, funds may, but need not, be allocated by the Agency pro rata, as nearly as practicable, among Mortgage Lenders submitting Mortgage Loan Applications and Commitments therefor, provided however, in making such allocation the Agency may take into consideration proposed maturities and interest rates on the Mortgage Loans, the need for Mortgage Loans in the proposed geographical area to effectuate the public purpose stated in the Act and the capabilities of the Mortgage Lender to act as a servicer. The Agency may also allocate funds on a first-come-first-served basis as reservation requests are submitted by Mortgage Lenders based on actual loan applications by prospective mortgagors.

Section 8 Interest Rate and Other Terms of Mortgage Loan

Mortgage Loans shall bear interest at a rate which shall produce an Adjusted Yield on the Mortgage Loans which shall not exceed the maximum Adjusted Yield permitted in order to prevent Bonds or the Agency from being "Arbitrage Bonds" within the meaning of applicable regulations of the U.S. Treasury Department, but shall otherwise be established by agreement between the Agency and Mortgage Lenders.

Section 9 Supervening Requirements of Federal Law

9.1 Application of this Section

This Section 9 shall apply to any Mortgage Loan to be financed from the proceeds of any Qualified Mortgage Bond, as that term is defined in Section 143 of the Federal Internal Revenue Code of 1986, as the same may be amended or redesignated from time to time (the "Federal Act") and regulations adopted pursuant thereto, as the same may be amended or redesignated from time to time (the "Federal Regulations").

9.2 Controlling Effect of Federal Law

To the extent that the Federal Act or the Federal Regulations are inconsistent with or more restrictive than the provisions of Sections 1 through 8 of these Rules and Regulations, the Federal Act and the Federal Regulations shall control and govern.

9.3 Consistency with Statutory Authority

A decision by the Agency to issue any Qualified Mortgage Bond shall constitute a determination by the Agency that any action required of it under the Federal Act or the Federal Regulations is within the limits or the authority granted to it under the Act.

History

  • Effective Date: May 27, 1982 (Secretary of State Rule Log # 82-20)
  • AMENDED: March 1, 1995 (Secretary of State Rule Log # 95-15)

Chapter 004 SINGLE FAMILY MORTGAGE/ENERGY CONSERVATION

80-004 Code Vt. R. 80-140-004-X SINGLE FAMILY MORTGAGE/ENERGY CONSERVATION

Section 1 Definitions

A. "Existing Housing" means residential property, except "New Construction," which is in existence and suitable for occupancy as of the date a mortgage on such property is first proposed to a mortgage lender for purchase by the Agency.

B. "New Construction" means residential property not yet in existence or never occupied as a residence as of the earlier of (i) the date on which a mortgage on such property is first proposed by a mortgage lender for purchase by the Agency; or (ii) the date on which the Agency reserves funds for such a purchase pursuant to a reservation of funds agreement with a Builder.

C. "Energy Rating" means any rating received from Energy Rated Homes of Vermont or a rating from another entity deemed comparable by VHFA staff.

D. "Manufactured Housing" means any housing, preconstructed in whole or in substantial part at a location different than the permanent home site, that is to be erected or moved to the permanent home site.

Section 2 Existing Housing Rules

A. Provided that the amount financed will not thereby exceed applicable program limits, Mortgage Loans otherwise eligible to be purchased by the Agency may include as part of the amount financed, an amount sufficient to bring Existing Housing into conformity with the following guidelines:

  1. Attic or ceiling insulation should be R-19 or maximum practicable without altering the basic architectural design of the dwelling.

  2. Floors of heated space over unheated crawl spaces, unheated basements (those not containing a primary heating plant) and/or unheated garage spaces should have an insulation value of R-19 where practicable. All floor joists headers/rim joists should be insulated to R-11 level.

  3. Outside walls should be insulated to R-11 or maximum practicable without altering the basic architectural design of the dwelling.

  4. Attic spaces should be properly ventilated using soffit venting and either gable end vents or continuous ridge vents where practicable.

  5. All exterior doors should be insulated and weather stripped. A solid wood door is considered insulated. A storm door should be installed when the primary door is a hollow core type or contains in excess of 25% glass.

  6. Windows should be double-glazed. Single-glazed windows are acceptable with the installation of storm windows.

  7. Other energy conservation related improvements, the cost of which, in the reasonable judgment of the Mortgage Lender, would not exceed the amount by which such improvements would increase the market value of the property.

B. With respect to each mortgage loan on Existing Housing proposed for purchase by the Agency, and as a condition of such purchase, the buyer and the Agency shall be provided with the seller's statement, on a form to be provided by the Agency, of the extent to which the Existing Housing will conform, at time of sale, to the foregoing guidelines.

C. Any amount included in a Mortgage Loan for the purpose of bringing the Existing Housing into compliance with the foregoing standards shall be used solely for such purpose by the Buyer, and the Buyer's covenant to that effect, as indicated on a form to be provided by the Agency, shall be a condition of the Agency's commitment to purchase the Mortgage Loan.

Section 3 New Construction Rules

Commencing with transactions financed by proceeds of the Agency's Single Family Mortgage Purchase Bonds, 1980 Series A, and in addition to all other Agency requirements, New Construction securing mortgage loans purchased by the Agency shall be designed to meet, and shall meet, all of the energy conservation standards set forth below:

(i) Attic or ceiling insulation shall be R-38 (i.e. 12" of fiberglass or equivalent).

(ii) Outside walls shall be insulated to R-19 (i.e. 6" of fiberglass or equivalent).

(iii) Floors of heated space over unheated crawl spaces, unheated basements and/or unheated garage areas (those not containing a primary heating plant) shall be insulated to R-19. All floor joists headers/rim joists shall be insulated to R-11.

(iv) Vapor barriers must be properly installed to prevent moisture damage.

(v) Continuous soffit and ridge venting is the recommended method for ventilating attic areas. Properly sized gable end vents may be substituted for continuous ridge vents.

(vi) Windows shall be double or triple glazed. Metal windows shall have a thermal break. Single glazed windows are acceptable with the installation of a storm window. All windows must be weather stripped.

(vii) All exterior doors shall be insulated and weather stripped. A storm door is required when the primary door is a hollow core door or is over 25% glass.

(viii) All exterior joints and openings shall receive proper caulking or sealant to prevent air infiltration.

(ix) Maximum practical solar orientation shall be employed which includes minimum window area to the north and maximum window area to the south.

Section 4 Alternative Compliance Rule

A. In lieu of complying with S ECTIONS 2 and 3, the house may obtain an energy rating that is deemed comparable to the guidelines in SECTION 2 or the standards in SECTION 3.

Section 5 Manufactured Housing

A. Manufactured housing must either meet the guidelines, standards, obtain an energy rating which demonstrates acceptable energy efficiency in accordance with SECTION 4 of this rule, or have the most energy efficient package available for the structure.

History

  • Effective Date: 12/22/89

Chapter 005 VHFA LIMITED OBLIGATION PROGRAM

80-005 Code Vt. R. 80-140-005-X VHFA LIMITED OBLIGATION PROGRAM

Section 1 AUTHORITY

These rules are adopted under and pursuant to the authority granted to Vermont Housing Finance Agency by 10 V.S.A. § 627.

Section 2 PURPOSE

These Rules shall govern the purchase of Mortgage Loans, Rehabilitation Loans, and Eligible Securities, and the application of the proceeds thereof under the general program authorized by 10 V.S.A. § 627. Such general program is in addition to other programs of the Agency, and Mortgage Loans and Rehabilitation Loans financed under this program are not required to bear interest at rates less than the prevailing rate of interest in the State.

Section 2.2 The specific objectives of these Rules are to encourage the expansion of the supply of funds in the state available for mortgage loans for residential housing generally and particularly for occupancy by persons and families of low and moderate income, to provide for additional housing or rehabilitated housing needed to remedy the shortage of adequate housing in the state and to eliminate the existence of a large number of substandard dwellings, and to restrict the financial return and benefit on mortgage loans for residential housing for persons and families of low and moderate income to that level necessary to protect against the realization by mortgage lenders of a financial return or benefit in excess of prevailing market conditions.

Section 3 APPLICATION

These rules apply to the purchase of Mortgage Loans, Rehabilitation Loans, and Eligible Securities by the Agency or others pursuant to a Limited Obligation Program where the sources of funds for such purchase are other than bonds, notes, or other obligations, or Eligible Securities which are general obligations of the Agency.

Section 4 DEFINITIONS

Section 4.1 "Eligible Security" means any security or obligation payable from or evidencing an interest in mortgages or other obligations securing loans to finance residential housing in the state.

Section 4.2 "Mortgage Loan" means an interest-bearing obligation secured by either a mortgage or note or bond constituting a first lien on land and improvements in the state.

Section 4.3 "Rehabilitation Loan" means a loan made for the rehabilitation, improvement and repair of residential housing and facilities incidental thereto undertaken primarily to provide principal dwelling accomodations for persons and families, including the land and improvements thereon and such non-housing facilities considered necessary or convenient by the Agency in connection with the residential housing.

Section 4.4 "Mortgage Lender" shall mean "mortgage lender" as defined in 10 V.S.A. § 601(9), as the same may be amended from time to time.

Section 4.5 "Limited Obligation Program" means any program of the Agency authorized by 10 V.S.A. § 627.

Section 5 LIMITED OBLIGATION PROGRAM

Section 5.1 The Agency may participate with Mortgage Lenders in a Limited Obligation Program whereby Mortgage Loans, Rehabilitation Loans and Eligible Securities are purchased from Mortgage Lenders by the Agency or by others pursuant to the provisions of 10 V.S.A. § 627 and of these Rules.

Section 5.2 The Agency may determine for all or any part of a Limited Obligation Program to purchase the entire principal balance of a loan or only a portion thereof. Furthermore, a Limited Obligation Program may be established in conjunction with other programs of the Agency and involve the purchase of loans which are also financed in part by, and secure obligations of the Agency other than those issued pursuant to 10 V.S.A. § 627.

Section 5.3 In order to promote the efficiency of the Limited Obligation Program and to minimize the cost thereof to participating Mortgage Lenders, the Agency may determine to incorporate Rules and Regulations for other programs and the provisions of contracts or documents already in existence between the Agency, Mortgage Lenders and others.

Section 5.4 The Agency may enter into contracts or other instruments for the administration and implementation of the Limited Obligation Program including, without limitation contracts for the purchase or sale of Mortgage Loans, Rehabilitation Loans, or Eligible Securities, master servicing contracts for such loans or securities, and contracts of brokerage.

Section 5.5 For purposes of illustration only, and not by way of limitation, the Agency may contract with builders, housing sponsors, prospective homeowners, governmental agencies, underwriters, investors, any financial institution with trust powers under the law of the jurisdiction in which it is chartered, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, their successors, or other financial institutions or intermediaries in the residential mortgage market, such special agents as it deems necessary or useful to the accomplishment of the purposes of 10 V.S.A. Section 627, as well as Mortgage Lenders.

Section 5.6 At or before the time of purchase of Mortgage Loans, Rehabilitation Loans, or Eligible Securities from Mortgage Lenders by the Agency or by others, the Agency by resolution shall determine that such purchase, and any contract with a Mortgage Lender for such purchase, when performed, will tend to accomplish the specific objectives of these Rules as set forth in Section 2, above, and shall determine that the specific provisions of the contract are consistent with the intent of 10 V.S.A. § 627. Any such contract may contain specific provisions with respect to any or all of the following:

(1) eligibility of borrowers obligated under a Mortgage Loan or Rehabilitation Loan, or in connection with an Eligible Security as applicable;

(2) mortgage or property insurance (if any);

(3) forms of notes, mortgages or Eligible Securities;

(4) interest rate or rates on Mortgage Loans, Rehabilitation Loans, or Eligible Securities or the return realized therefrom by Mortgage Lenders;

(5) Limitations, if any, on the purchase price of Residential Housing, and Mortgage Loans, Rehabilitation loans and Eligible Securities.

(6) limitations or restrictions, (if any) as to location or other qualifications or characteristics of residences to be financed, in addition to restrictions imposed by these Rules;

(7) forms of relevant documents including without limitation, application and commitment agreements, purchase agreements and servicing agreements.

(8) requirements as to commitments by Mortgage Lenders with respect to the application of the proceeds of loans or Eligible Securities purchased by the Agency or others.

Section 5.7 Any contract between the Agency and a Mortgage Lender for the purchase of Mortgage Loans, Rehabilitation Loans, or Eligible Securities shall make such provision for security as the Agency shall deem necessary and prudent, taking into consideration the requirements of any third-parties or purchasers contemplated by the transaction. Contracts may contain specific provisions establishing (i) fees and charges necessary to provide for expenses and reserves of the Agency, (ii) requirements and specifications as to recourse, and (iii) conditions of purchase which shall preclude the realization by the Mortgage Lender of a financial return or benefit in excess of prevailing market conditions, as determined by the Agency, and such other provisions as the Agency may deem necessary or prudent.

Section 6 USE OF PROCEEDS

Section 6.1 To the extent deemed necessary by the Agency in order to accomplish the specific objectives of these rules, any contract with a Mortgage Lender for the purchase of Mortgage Loans, Rehabilitation Loans, or Eligible Securities may provide that the proceeds of purchase of Mortgage Loans, Rehabilitation Loans, or Eligible Securities from Mortgage Lenders shall be reinvested by such Mortgage Lenders in new Mortgage Loans and Rehabilitation Loans for Residential Housing; except when such proceeds arise from the sale of new loans initiated for the purpose of sale to the Agency or others.

Section 6.2 Where the reinvestment restriction of § 6.1 is applicable, the interest rate on loans made with the proceeds of such purchase shall be as determined by the Agency from time to time, with the purpose of assuring that the financial return and benefit to the Mortgage Lender shall not exceed the prevailing market conditions.

Section 7 PROCEDURE

The Agency shall determine for each such Program the procedures for submission of requests or proposals by Mortgage Lenders for the sale of Mortgage Loans, Rehabilitation Loans, and Eligible Securities, provided that applications by or invitations to a Mortgage Lender to participate in the Limited Obligation Program may be oral or written and any contract by a Mortgage Lender or the Agency shall be in writing.

History

  • Effective Date: July 1983 (Secretary of State Rule Log #83-42)

Chapter 006 Grants, Loans and Advances to Assist the Planning, Construction, Rehabilitation, and Operation of Redidential Housing; Mortgage Loans to Housing Sponsors for Single Family Development Rules

80-006 Code Vt. R. 80-140-006-X Grants, Loans and Advances to Assist the Planning, Construction, Rehabilitation, and Operation of Redidential Housing; Mortgage Loans to Housing Sponsors for Single Family Development Rules

CHAPTER ONE SCOPE AND DEFINITIONS

Section 1 Authority

These rules are made and published pursuant to sections 621(5), (12) and (17) and section 624 of the Vermont Housing Finance Agency Act of 1974 as amended, (the "Act").

Section 2 Background and Purpose

By No. 77, § 3, effective June 7, 1989 (the "Amendment") the Vermont General Assembly amended 10 V.S.A. § 621(5) to empower the Agency to provide "such grants, loans, or advances as will assist the planning, construction, rehabilitation, and operation of residential housing primarily for persons of low and moderate income, including but not limited to assistance in community development and organization, advisory services, the formation of cooperative housing corporations, and to encourage community organizations to assist in developing same."

The Agency finds that reductions in the amount of federal financial assistance in the provision of safe and decent housing at costs affordable to persons and families of low and moderate income has created a crisis in the availability of such housing, that incentives for private developers and private lenders to participate in the creation and preservation of such housing have declined, and that the excess of demand for such housing over the supply will increase at an expanding rate in the absence of flexible and timely strategies designed to marshall [marshal] all resources available from time to time, including land, existing structures, public funds, and private funds.

It is the purpose of these Rules to encourage an adequate supply of safe and decent housing at reasonable cost, to interpret, limit, and implement, in part, the provisions of 10 V.S.A. § 621(5), as amended by the Amendment, and to establish criteria for mortgage loans to housing sponsors for Single Family Developments.

Section 3 Definitions

The following words and terms, unless the context clearly indicates a different meaning, shall have the following meaning:

(1) "Advance" means a direct expenditure of funds by the Agency for the purpose of planning, constructing, rehabilitating, or operating Residential Housing primarily for persons and families of low and moderate income;

(2) "Agency" means the Vermont Housing Finance Agency created by the Act;

(3) "Bonds, notes and other obligations" or "bonds, bond anticipation notes or other obligations": means any bonds, notes, debentures, interim certificates or other evidences of financial indebtedness issued by the Agency pursuant to the Act;

(4) "Eligible Borrower" includes a housing sponsor, non-profit entity, or other legal entity qualified to receive a loan for a Single Family Development or a Mixed Use Development under the provisions of these Rules;

(5) "Grant" means a grant of funds which the recipient is not obligated to repay or which the recipient is obligated to repay only in the event of a breach of conditions imposed by the Agency with respect to the use of the funds;

(6) "Land value" means the appraised value of the land as determined by an appraiser approved by the Agency; if purchased less than two years prior to the date of application the purchase price of the land or the appraised value, whichever is lower;

(7) "Limited Profit". A housing sponsor is organized on a limited profit basis if its organizational document, whether directly or by reference to a controlling agreement (which may be a lease, a loan agreement, a Regulatory Agreement, or other agreement between the Agency and the Borrower), imposes significant limitations on rental charges or sale prices, builder's and developer's fees, the right of disposition of the sponsor's property and franchise, or other sources of profit as the Agency may determine on a case by case basis;

(8) "Mixed Use Development" means Residential Housing, a portion of which will be devoted to non-housing facilities, provided that all or a portion of such non-housing facilities are not designed or will not be designed primarily for the benefit of the occupants of the dwelling units;

(9) "Multi-Family Rules" means the Agency's Rules pertaining to Loans to Multi-Family housing sponsors;

(10) "Non-Profit Entity" means a department, division, board, commission, agency or other instrumentality of this State, a political subdivision of this State, an agency of any such political subdivision, an "exempt organization" within the meaning of section 501(c)(2), (3), or (4) of the Internal Revenue Code, a non-profit corporation organized as such under the laws of this State, an entity owned, or whose day-to-day management is controlled, under the terms of a partnership agreement, by any of the foregoing, or a "limited equity cooperative" within the meaning of Chapter 14 of Title 11, Vermont Statutes Annotated;

(11) "Residential housing" means single or multi-family residential dwelling units designed primarily to provide principal dwelling accommodations for persons or families, including the land and improvements thereon and such non-housing facilities or services considered necessary or convenient by the Agency in connection with the residential housing. "Residential housing" includes, but is not limited to, single or multi-family dwellings, congregate homes, residential care homes as defined in 18 V.S.A. § 2002, nursing homes, transitional housing, emergency shelters for the homeless or displaced, mobile homes, single room occupancy dwellings, and group homes for the mentally ill or developmentally disabled. "Residential housing" also means cooperative interests and mobile home parks as defined in 10 V.S.A. Section 6201. Non-housing facilities or services shall be deemed necessary or convenient in connection with the residential housing in any case in which the Agency finds that the particular facilities or services are designed primarily for the benefit of the occupants of the dwelling units or that the acquisition, construction, or rehabilitation of the dwelling units would not be economically practicable except in connection with the economic benefits to be obtained from such facilities or services.

(12) "Single Family Development" means real property acquired or to be acquired for the construction, rehabilitation, or operation of Residential Housing primarily for occupancy by persons and families of low and moderate income, and which consists primarily of individual dwelling structures, condominium apartments, or cooperative interests owned or to be owned by the occupants of the Residential Housing.

Terms used in these Rules and in the Act, and not defined above, shall have the same meaning as they have in the Act, as amended from time to time.

Section 4 Waivers

The provisions of these rules may be waived by the Commissioners upon their determination that the application of such rules, in specific cases, may result in undue hardship, and that such waiver will not result in a violation of the Act.

Section 5 Separability

If any word, phrase, sentence, paragraph, section or part of these rules is finally adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of these rules.

CHAPTER TWO GRANTS

Section 1

No Grant shall be made under the authority of these Rules except to a housing sponsor or a Non-Profit Entity, and upon a finding by the Agency that the Grant will assist the planning, construction, rehabilitation, or operation of Residential Housing primarily for persons and families of low and moderate income.

Section 2

Each Grant shall be made pursuant to a resolution of the Agency, and shall be made subject to such conditions as shall obligate the recipient to its proper use.

Section 3

A Grant may or may not be made subject to the execution of a formal grant agreement by the recipient In any event, the recipient and any sub-recipient, by the acceptance of the Grant or the proceeds thereof, shall be bound by the conditions of the authorizing resolution and the applicable provisions of these Rules.

Section 4

The obligations of the recipient of a Grant may be secured in such manner as the circumstances warrant, or may be unsecured, as the Agency may determine to be appropriate in the a particular case; provided, however, that in the case of a Grant to a housing sponsor which is not also a Non-Profit Entity, the housing sponsor's compliance with the conditions of the Grant shall be secured by a mortgage on the involved real estate.

Section 5

In any case in which the Agency is authorized to make a Grant under these Rules, it may make a loan instead, and such loan may be secured or unsecured to the extent permitted or required by these Rules in the case of a Grant for the same purpose to the same recipient.

CHAPTER THREE ADVANCES

Section 1

The Agency may make Advances with respect to real property owned or controlled by it Such Advances shall be made in anticipation of the sale or lease of such real property or portions thereof to an Eligible Borrower for the purpose of planning, constructing, rehabilitating, and/or operating Residential Housing, provided that the dwelling units in such Residential Housing are intended to be occupied primarily by persons and families of low and moderate income.

Section 2

Advances for planning, architectural and engineering fees, fees for governmental permits, related legal and consulting fees, and other preliminary costs may be made prior to the identification of a particular buyer for the involved real property.

Section 3

No Advances for costs of actual and substantial physical changes to the involved real property shall be made unless the Agency has first identified the proposed buyer and has determined that delay in the commencement of such changes pending completion of the sale or execution of a binding contract of sale would be materially disadvantageous to the Agency and/or would increase the ultimate cost of the Residential Housing.

Section 4

All Advances shall be accounted for at the time of a sale or lease of the involved real property to a housing sponsor or other Eligible Borrower At the closing of such sale or lease, Advances may be deemed made for the benefit of the buyer, and may be accounted for as a portion of the purchase price, rent, loan proceeds, a Grant (in an appropriate case), or any combination thereof If such Advances have been made pursuant to contracts with third parties that remain executory in part as of the time of closing, as a condition of the sale or lease the buyer must agree to assume all obligations of the Agency under such contracts, unless the Agency shall otherwise consent.

CHAPTER FOUR LOANS FOR MIXED USE DEVELOPMENTS

Section 1

The Agency may make loans to Eligible Borrowers to assist the planning, construction, rehabilitation, or operation of Mixed Use Developments in accordance with the terms and conditions of these Rules.

Section 2

All of the land constituting a Mixed Use Development shall be contiguous Parcels of land separated only by a public way, private way, or non-navigable waters shall be deemed to be contiguous In the case of a Mixed Use Development involving more than two legally identifiable parcels of land, each parcel contiguous to a given parcel shall be deemed contiguous to all parcels to which the given parcel is contiguous.

Section 3

A Mixed Use Development may be financed by a single mortgage loan to a housing sponsor or, if the portions of the development containing the non-housing facilities can be separated by lease or subdivision as mortgageable parcels, and such separation is deemed desirable by the Agency, the Agency may make a separate loan to an Eligible Borrower with respect to the non-housing facilities The Eligible Borrower with respect to such non-housing facilities may, but need not be, the housing sponsor Any such separate loan shall be secured by a separate mortgage containing such provisions as the Agency may deem appropriate in the particular case.

Section 4

A Mixed Use Development may be multi-family Residential Housing, a Single Family Development, or any combination thereof.

Section 5

With respect to any mortgage loan made in whole or in part for the specific purpose of financing dwelling units in a Mixed Use Development which constitutes multi-family Residential Housing, the Multi-Family Rules shall apply to the extent the Multi-Family Rules are consistent with these Rules In the event of a conflict between express provisions of these Rules and the Multi-Family Rules, the applicable provision of these Rules shall be controlling.

Section 6

The intent of this chapter is to authorize comprehensive financing by the Agency of Mixed Use Developments; provided that the non-housing facilities which are not designed primarily for the benefit of the occupants of the dwelling units shall constitute all or part of an existing structure or structures to be acquired and rehabilitated Nothing in these Rules shall be construed to authorize the financing by the Agency of new, original construction of non-housing facilities which are not designed primarily for the benefit of the occupants of the dwelling units, nor the financing by the Agency of any non-housing facilities except in connection with the financing of Residential Housing.

Section 7

No loan for a Mixed Use Development shall be made until the Agency has received and reviewed the recommendation of the Executive Director relating to such loan and the Agency has adopted a resolution approving such loan, which resolution shall include the following determinations

(1) The Residential Housing is primarily for occupancy by persons and families of low and moderate income;

(2) The construction or rehabilitation costs incurred or to be incurred by the housing sponsor under agreement are for housing development costs within the meaning of the Act;

(3) There exists, or without the proposed Residential Housing there will exist, a shortage of decent, safe and sanitary housing at rentals or prices which persons and families of low or moderate income are able to afford within the general housing market area to be served by the proposed Residential Housing or there is a shortage of temporary transitional or emergency housing to be served by the proposed Residential Housing and that private enterprise and investment are unable, without assistance, to provide an adequate supply of the Residential Housing and sufficient mortgage financing for occupancy by the persons or families;

(4) The housing sponsor or sponsors undertaking the proposed housing development will maintain or increase the supply of well-planned, well-designed permanent, temporary, transitional or emergency housing for persons or families of low and moderate income and that the sponsors are financially responsible persons or institutions;

(5) More than one half of each of (a) the total floor area and (b) the total development cost of the Mixed Use Development will be allocated to dwelling units for persons and families of low and moderate income; and,

(6) The non-housing facilities to be acquired and/or rehabilitated in connection with the Mixed-Use Development, and which are not designed primarily for the benefit of the occupants of the dwelling units, are necessary in order to render the purchase or lease of the dwelling units economically feasible for persons and families of low and moderate income.

Section 8

Nothing in these rules shall be construed to bar the Agency from financing any Residential Housing merely because part of the building in which the Residential Housing is located, or other buildings on the land on which the Residential Housing is located, is used or will be used for purposes other than Residential Housing.

CHAPTER FIVE MORTGAGE LOANS TO HOUSING SPONSORS FOR SINGLE FAMILY DEVELOPMENTS

Section 1

Pursuant to 0 VSA § 624(a)(1), and these Rules, the Agency may make mortgage loans to housing sponsors for the purpose of financing the acquisition, construction, and/or rehabilitation of Single Family Developments, and, in the case of a housing sponsor which is a limited equity cooperative, for the purpose of financing the long-term operation of the development.

Section 2

No mortgage loan to a housing sponsor of a Single Family Development shall be made until the Agency has received and reviewed the recommendation of the Executive Director relating to such mortgage loan and the Agency has adopted a resolution approving such mortgage loan, which resolution shall include the following determinations

(1) The Residential Housing is primarily for occupancy by persons and families of low and moderate income;

(2) The construction or rehabilitation costs incurred or to be incurred by the housing sponsor under agreement are for housing development costs within the meaning of the Act;

(3) There exists, or without the proposed Residential Housing there will exist, a shortage of decent, safe and sanitary housing at rentals or prices which persons and families of low or moderate income are able to afford within the general housing market area to be served by the proposed Residential Housing or there is a shortage of temporary transitional or emergency housing to be served by the proposed Residential Housing and that private enterprise and investment are unable, without assistance, to provide an adequate supply of the Residential Housing and sufficient mortgage financing for occupancy by the persons or families;

(4) The housing sponsor or sponsors undertaking the proposed housing development will maintain or increase the supply of well-planned, well-designed permanent, temporary, transitional or emergency housing for persons or families of low and moderate income and that the sponsors are financially responsible persons or institutions; and

(5) More than one half of each of (a) the total floor area and (b) the total development cost of the Single Family Development will be allocated to dwelling units for persons and families of low and moderate income.

Section 3

If the Single Family Development is also a Mixed Use Development, such Development must also satisfy the provisions of Chapter Four of these Rules.

History

  • Effective Date: ([In effect. First effective date not available]
  • Statutory Authority: 10 V.S.A. § 621(5), 621(12), 621(17) and 624

Subagency 280 GREEN MOUNTAIN CARE BOARD

Chapter 007 RULE 9.000: DATA RELEASE

80-007 Code Vt. R. 80-280-007-X RULE 9.000: DATA RELEASE

9.100 GENERAL PROVISIONS

9.101 Authority.

The Board adopts this Rule pursuant to 18 V.S.A. §§ 9404 and 9410.

9.102 Purpose.

The Green Mountain Care Board ("Board" or "GMCB") stewards two data sets (collectively "the health care database"). The Vermont Health Care Uniform Reporting and Evaluation System ("VHCURES") data set contains information related to health care utilization, costs, and resources provided in Vermont and to Vermont residents in other states. The Vermont Uniform Hospital Discharge Data Set ("VUHDDS") contains information related to health care provided to patients at health care facilities in Vermont and health care provided to Vermont residents at health care facilities in other states.

Subject to certain restrictions and limitations, the Board makes some of the information in the health care database available as a resource for individuals and entities to review health care utilization, expenditures, and performance in Vermont. This rule establishes processes by which the Board will make data in the health care database available to support legitimate and beneficial research and analysis.

9.103 Definitions.

For purposes of this rule:

(1) "Analytic table" means a file developed to answer specialized questions with detailed information related to claims, patients, health insurers, or health care providers.

(2) "Authorized User" means a person authorized by the Board to access restricted data under the terms of a data use agreement.

(3) "Board" or "GMCB" means the Green Mountain Care Board established in Title 18, Chapter 220 of the Vermont Statutes Annotated, the Board's staff, or other designee of the Board.

(4) "Council Chair" means the chair of the Data Governance Council.

(5) "Data Governance Council" or "Council" means the committee established by the Board and given responsibilities for the Board's data governance program.

(6) "Data set" means a collection of logical individual data records, regardless of format.

(7) "Data use agreement" or "DUA" means a written agreement detailing an Authorized User's commitment to data privacy and security and setting forth restrictions, limitations, and conditions on the use and disclosure of data from the health care database.

(8) "Data Use and Disclosure Manuals" means the publicly available manuals created and maintained by the Board that specify procedures for the submission and review of applications for data from the VHCURES and VUHDDS data sets, limitations on the availability of such data, and requirements that persons seeking or receiving such data must comply with to ensure that the privacy and security of the data is maintained.

(9) "Data Release Schedules" means the documents created and maintained by the Board that classify data elements based on the risk that release would pose for identification of individuals and disclosure of proprietary or other sensitive information.

(10) "Health care database" means the VHCURES and VUHDDS data sets, collectively.

(11) "Health care facility" has the same meaning as in 18 V.S.A. § 9432(8).

(12) "Health care provider" has the same meaning as in 18 V.S.A. § 9432(9).

(13) "Health insurer" has the same meaning as in 18 V.S.A. § 9410(j)(1).

(14) "Individual user affidavit" means the form created and maintained by the Board for Principal Investigators and any individual who will be allowed to access data under a DUA acknowledge and affirm that they have read, understand, and agree to abide by the DUA's terms and conditions.

(15) "Insured" has the same meaning as in 18 V.S.A. § 9418(a)(10).

(16) "Limited data set" has the same meaning as in 45 C.F.R. § 164.514(e)(2).

(17) "Member" means the insured subscriber and any other person(s) eligible for health care benefits under the subscriber's policy, such as the subscriber's spouse or dependent.

(18) "Patient" means any person in a data set that is the subject of the activities of the claim performed by the health care provider.

(19) "Person" means any natural person, business entity, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity.

(20) "Principal Investigator" means the individual designated by an Authorized User to be responsible for ensuring compliance with the requirements in a DUA. An Authorized User may also be a Principal Investigator.

(21) "Secure Analytic Environment" or "SAE" means a secure, virtual remote desktop, server, or other portal that provides access to restricted data in a data set through individual accounts provided to Authorized Users as specified in their Individual User Affidavit.

(22) "Standard report" means a recurring report derived from the VHCURES or VUHDDS data sets that is intended to provide information pertaining to claims, members, patients, health insurers, health insurance, health care providers, and/or health care services.

(23) "Subscriber" means the individual responsible for payment of premiums or whose employment, income, or other circumstances is the basis for eligibility for membership in a health benefit plan.

(24) "Vermont Health Care Uniform Reporting and Evaluation System" or "VHCURES" means the data set containing information related to eligibility, health care claims, and related data submitted by health care insurers to the GMCB.

(25) "Vermont Uniform Hospital Discharge Data Set" or "VUHDDS" means the data set consisting of inpatient discharge data, outpatient procedures and services data, and emergency department data submitted by general hospitals, ambulatory surgery centers, and psychiatric hospitals that is maintained by the Vermont Department of Health.

9.200 RELEASE OF DATA

9.201 Availability of Data in the Health Care Database.

(a) The Data Release Schedules shall classify data elements in the health care database as "unrestricted," "restricted," or "unavailable" based on the level of risk that release of the data would pose for identification of individuals and disclosure of proprietary or other sensitive information.

(b)

(1) Data elements classified as "unrestricted" may be available for general use and public release under section 9.203 of this rule.

(2) Data elements classified as "restricted" shall not be available for use or release outside the Board unless permitted under the terms of an executed DUA.

(3) Data elements classified as "unavailable," including any data element not classified as unrestricted or restricted, shall not be available for use or release outside the Board in any circumstance.

(c) The Data Use and Disclosure Manuals may specify additional restrictions or limitations on the availability of data in the health care database, such as restrictions or limitations required by the agreements under which the Board obtains the data and the laws that apply to the data.

9.202 Modes of Access; Secure Analytic Environment.

(a) Persons with access to VHCURES or VUHDDS data sets may receive extracts generated from the data or permission to access the data set through the Secure Analytic Environment.

(b) No person outside the Board may access the Secure Analytic Environment unless permitted under the terms of an executed DUA.

9.203 Release of Public Use Data, Analytic Tables, and Standard Reports.

(a) If beneficial to the public, usable, and technically feasible, the Board may from time to time publish unrestricted data elements and information derived from unrestricted data elements in public use data files, analytic tables, or standard reports.

(b) Public use data files, analytic tables, and standard reports published under subsection (a) of this section shall:

(1) be made available upon request for no or minimal cost by Web-based electronic data download; and

(2) contain clear and conspicuous explanations of the characteristics of the data, such as the dates of the data contained in the files, the absence of costs of care for uninsured patients or nonresidents, underlying methodology, and other disclaimers that provide appropriate context.

9.300 DATA USE AGREEMENTS; APPLICATION AND REVIEW

9.301 Application.

(a) A person may request authorization to access the Secure Analytic Environment or data sets or analytic tables that include restricted data elements by applying for a limited data set on forms maintained by the Board.

(b) The Board may require a prospective applicant for access to the Secure Analytic Environment or data sets or analytic tables that include restricted data elements to complete and submit a pre-application review form.

(c) The Board will create and maintain one or more Data Use and Disclosure Manuals that specify procedures for the submission and review of applications. The Board's procedures may require review and approval of applications by agencies other than the Board and may specify different procedures for different types of requests and requestors.

9.302 Review of Applications.

(a) The Data Governance Council shall approve or deny applications submitted under section 9.301(a) of this rule on behalf of the Board. The Council shall solicit and consider public comment relating to applications.

(b) The Data Governance Council may approve applications submitted under section 9.301(a) of this rule only when satisfied as to the following:

(1) The application submitted to the Council is complete and has been signed by the Principal Investigator(s) and a person with authority to bind the applicant, or, if the applicant is an individual, by the individual;

(2) Procedures to ensure the confidentiality of any patient data or other confidential data are documented;

(3) The qualifications of the investigators and staff, as evidenced by:

(A) credentials, training and previous research; and

(B) an affiliation with a university, private research organization, health care facility, state agency, or other qualified institutional entity;

(4) No state or federal law or regulation prohibits release of the requested information; and

(5) The data will be used in a way that aligns with GMCB's statutory responsibilities; federal and state data protection and privacy requirements; and the data stewardship policies adopted and amended from time to time by the Data Governance Council, which the Board shall make available on its website.

(c) If the Council denies an application submitted under section 9.301(a) of this rule, it shall give written notice of the basis for denial and give the applicant an opportunity to resubmit or supplement the application to address the Council's concerns. Any adverse decision regarding an application made by or on behalf of the Council may be appealed to the Board within 30 days by filing a notice of appeal to the Chair of the Board.

(d) A decision by the Board to deny an appeal filed under subsection (c) of this section shall be a final decision that is appealable pursuant to 18 V.S.A. § 9381.

9.303 Data Use Agreements.

(a) To access the Secure Analytic Environment or data sets or analytic tables that include restricted data elements, an Authorized User and Principal Investigator must execute a data use agreement with the Board.

(b) The Board will create and maintain standard data use agreements that set forth the restrictions, limitations, and conditions on the use and disclosure of data from the health care database.

(c) The Principal Investigator and any individual who will be allowed to access data under a DUA must sign an individual user affidavit.

(d) An Authorized User and the Principal Investigator must comply with the terms of the DUA. Failure to do so will be cause for immediate recall of the data or revocation of permission to use the data and may be grounds for sanctions under section 9.601 of this rule.

9.400 COSTS OF DATA AND SERVICES

9.401 Analytic and Information Services.

Upon request, the Board or its designated vendor may provide analytic and information services for members of the public.

9.402 Costs and Fees.

(a) Data sets containing restricted data elements approved for release under this rule shall be made available to an Authorized User at the cost charged by the Board's designated vendor to program and process the requested data set. An Authorized User must pay these costs directly to the designated vendor within thirty days of receipt of the data set.

(b) Access to the Secure Analytic Environment access will be provided to an Authorized User at the cost charged by the Board's designated vendor. An Authorized User must pay these costs directly to the designated vendor prior to receiving access to the SAE.

(c) Analytic tables approved for release under this rule and analytic and information services shall be made available at the maximum allowable rate under law for time spent extracting data and performing similar tasks necessary to create the table or provide the services. Payments are due within thirty days of receipt of the analytic tables or receipt of an invoice for the analytic or information services.

9.403 Cost and Fee Waivers.

Subject to budgetary limitations of the Board, the Data Governance Council may grant full or partial cost or fee waivers or may enter into alternative payment arrangements with applicants who can demonstrate that:

(1) the requested data will be used to fulfill a public purpose, and

(2) the payment of the costs or fees would constitute an undue financial hardship. Costs and fees shall be waived for any department, agency, or subdivision of the State of Vermont.

9.500 SPECIAL CONSIDERATIONS

9.501 Data Linkage.

(a) No person outside the Board may link VHCURES or VUHDDS data, including public use data, with any data sources containing personally identifiable information or other data sources that could result in the identification of individuals in the data set without the express written consent of the Board. For purposes of this section, data linkage means the merging of two or more unique data sets or files to connect common identifiers across the data sets.

(b) If necessary to conduct research that would otherwise not be practicable, a person may request authorization to link VHCURES or VUHDDS data with identifiable record data sources using forms created and maintained by the Board. Requestors must provide a list of data sources to which the data would be linked and identify which data sources include personally identifiable information, including the specific identifiers within those data sources, as well as any other information specified by the Board.

(c) Any data set linked to VHCURES or VUHDDS data must, at a minimum, adhere to the protections, constraints and requirements set forth in the underlying GMCB data use agreement.

(d) If the Board denies a data linkage request, it shall provide a written explanation to the requestor identifying reasons for the denial.

9.502 Data Redisclosure.

(a) An Authorized User may not redisclose VHCURES or VUHDDS data or extracts generated from the data to third parties or external agents such as contractors, subcontractors, grantees, and subgrantees without the express written approval of the Board or the Council.

(b) An Authorized User may request authorization to redisclose VHCURES or VUHDDS data. Requestors must provide a full list of individuals who will have access to the data upon the effective date of an approved redisclosure and assurances that the recipient of the redisclosed data will be bound by a written agreement to the same restrictions and conditions that apply to the Authorized User under its DUA with the Board. Requests for redisclosure can be made as part of an application under section 9.301(b) of this rule.

(c) The Principal Investigator(s) identified in the Board's DUA with the Authorized User shall ensure that individual user affidavits are submitted to the Board for all data users prior to granting access to VHCURES or VUHDDS data under a redisclosure.

9.600 ENFORCEMENT

9.601 Sanctions for Violations.

(a) A person who knowingly fails to comply with the requirements of 18 V.S.A. § 9410 or this rule may be subject to sanction by the Board as set out in 18 V.S.A. § 9410(g) after written notice and an opportunity to be heard. The Board's authority to sanction individuals shall be in addition to any other powers granted to the Board to investigate, subpoena, or seek other legal or equitable remedies, including the power of the Board to enforce the terms of a DUA.

(b) Hearings under this section shall be conducted by the Board in accordance with 3 V.S.A. §§ 809, 809a, 809b, and 810. Decisions of the Board under this section shall comply with the requirements of 3 V.S.A. § 812 and may be appealed pursuant to 18 V.S.A. § 9381.

9.700 OTHER MATTERS

9.701 Waiver of Rules.

In order to prevent unnecessary hardship or delay, in order to prevent injustice, or for other good cause, the Board may waive the application of any provision of this rule upon such conditions as it may require, unless precluded by the rule itself or by statute.

9.702 Conflict.

In the event this rule or any section thereof conflicts with a Vermont statute or a federal statute, rule, or regulation, the Vermont statute or federal statute, rule, or regulation shall govern.

9.703 Severability.

If any provision of this regulation or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the regulation and the application of such provisions to other persons or circumstances shall be not affected thereby.

9.704 Effective Date.

This rule shall become effective fifteen (15) days after adoption.

History

  • EFFECTIVE DATE:
  • 1/20/2022 Secretary of State Rule Log #22-002
  • STATUTORY AUTHORITY: 18 V.S.A. §§ 9404 and 9410.

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