Maine Code § 36-5219-LL

Primary care access credit
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(REALLOCATED FROM TITLE 36, SECTION 5219-KK)
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms
have the following meanings.
A. "Eligible primary care professional" means a person licensed under Title 32, chapter 31,
subchapter 3 or subchapter 4; Title 32, chapter 36, subchapter 4; or Title 32, chapter 48, subchapter
2 and who, on or after January 1, 2013:
(1) Practices primary care medicine in the State as part of an existing health care practice in
an underserved area or establishes a new health care practice or purchases an existing health
care practice in an underserved area;
(2) Agrees to practice full time for at least 5 years following certification under subsection 3
in an underserved area;
(3) Is certified under subsection 3 to be eligible by the Department of Health and Human
Services; and
(4) Has an unpaid student loan owed to an institution for course work directly related to that
person's training in primary care medicine. [PL 2015, c. 108, §1 (AMD); PL 2015, c. 108,
§2 (AFF).]
B. "Underserved area" means an area in the State that is a health professional shortage area or
medically underserved area or that contains a medically underserved population as defined by the
federal Department of Health and Human Services, Health Resources and Services Administration.
[RR 2013, c. 2, §46 (RAL).]
[PL 2015, c. 108, §1 (AMD); PL 2015, c. 108, §2 (AFF).]
2. Credit. For tax years beginning on or after January 1, 2014, an eligible primary care
professional is allowed a credit against the taxes due under this Part as follows.
A. The credit may be claimed in the first year that the eligible primary care professional meets the
conditions of eligibility for at least 6 months and each of the 4 subsequent years or until the student
loan of the eligible primary care professional is paid in full, whichever comes first. [RR 2013, c.
2, §46 (RAL).]
B. The credit may be claimed in an amount equal to the annual payments made on the student loan
not to exceed $6,000 in the first year, $9,000 in the 2nd year, $12,000 in the 3rd year, $15,000 in
the 4th year and $18,000 in the 5th year. [RR 2013, c. 2, §46 (RAL).]
C. The credit may not reduce the tax due under this Part to less than zero. [RR 2013, c. 2, §46
(RAL).]
[PL 2017, c. 435, §4 (AMD).]

3. Eligibility limitation; certification. The Department of Health and Human Services shall
certify up to 10 eligible primary care professionals each year. The Department of Health and Human
Services shall monitor certified primary care professionals to ensure that they continue to be eligible
for the credit under this section and shall decertify any primary care professional who ceases to meet
the conditions of eligibility. The Department of Health and Human Services shall notify the bureau
whenever a primary care professional is certified or decertified. A decertified primary care professional
ceases to be eligible for the credit under this section beginning with the tax year during which the
primary care professional is decertified.
[PL 2017, c. 435, §4 (AMD).]
4. Rules. The Department of Health and Human Services may adopt rules to implement this
section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5,
chapter 375, subchapter 2-A.
[RR 2013, c. 2, §46 (RAL).]
5. Annual report. By January 15, 2016 and annually thereafter, the Department of Health and
Human Services and the bureau shall submit a report to the joint standing committee of the Legislature
having jurisdiction over taxation matters. The report must indicate the number of eligible primary care
professionals certified and decertified each year by the Department of Health and Human Services
pursuant to this section and the total annual loss of revenue attributable to the credit under subsection
2.
[RR 2013, c. 2, §46 (RAL).]

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