S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4043

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Higher Education

AN ACT to amend the education law, in relation to establishing a  physi-
  cian loan forgiveness program for geriatric medicine

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 6529-a
to read as follows:
  S 6529-A. PHYSICIAN LOAN FORGIVENESS PROGRAM FOR  GERIATRIC  MEDICINE.
1.  PHYSICIAN LOAN FORGIVENESS AWARDS SHALL BE ISSUED ANNUALLY TO PHYSI-
CIANS WHO AGREE TO PRACTICE IN THE SPECIALTY OF  GERIATRIC  MEDICINE  AS
DEFINED  BY  THE  COMMISSIONER  IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH AND THE DIRECTOR OF THE OFFICE FOR THE AGING.
  2. SUCH PARTICIPATING PHYSICIANS SHALL  RECEIVE  AN  EDUCATIONAL  LOAN
FORGIVENESS AWARD OF UP TO FIFTEEN THOUSAND DOLLARS PER YEAR FOR A MAXI-
MUM  OF  FIVE  YEARS.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGU-
LATIONS TO ADMINISTER SUCH LOAN FORGIVENESS PROGRAM.
  3. THE PHYSICIAN APPLICANT MUST BE  A  RESIDENT  OF  NEW  YORK  STATE,
LICENSED  TO  PRACTICE MEDICINE, AND CERTIFIED IN THE PRACTICE OF GERIA-
TRIC MEDICINE OR HAVE A CONCENTRATION IN THAT SPECIALTY.  THE  APPLICANT
MUST  HAVE  COMPLETED  A  PROFESSIONAL RESIDENCY PROGRAM WITHIN THE FIVE
YEARS IMMEDIATELY PRECEDING THE PERIOD FOR WHICH THE FIRST  AWARD  WOULD
BE  GRANTED, OR BE WITHIN TWO YEARS OF COMPLETION OF AN ACCREDITED RESI-
DENCY PROGRAM IN GERIATRIC MEDICINE. THE APPLICANT MUST AGREE  TO  PRAC-
TICE MEDICINE WITHIN NEW YORK STATE.
  4.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
SHALL ESTABLISH CRITERIA  FOR  THE  SELECTION  OF  PARTICIPANTS  IN  THE
PROGRAM. A PRIORITY SHALL BE ACCORDED TO ANY APPLICANT WHO IS COMPLETING
A  YEAR  OF  THE SERVICE REQUIREMENT AND IS RE-APPLYING FOR A NEW AWARD.
THE COMMISSIONER SHALL VERIFY THE PHYSICIAN'S ELIGIBILITY AND THE PHYSI-
CIAN'S TOTAL MEDICAL EDUCATIONAL LOAN EXPENSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08005-01-1
              

A. 4043                             2

  5. WITHIN SUCH TIME AS THE COMMISSIONER SHALL BY REGULATION PROVIDE, A
PARTICIPATING PHYSICIAN SHALL HAVE AGREED TO PRACTICE GERIATRIC MEDICINE
FOR A PERIOD OF TWELVE MONTHS FOR EACH ANNUAL PAYMENT TO BE RECEIVED  BY
THE  PARTICIPANT.  IN  NO  CASE SHALL THE TOTAL SERVICE REQUIRED BE LESS
THAN TWO YEARS NOR BE MORE THAN FIVE YEARS.
  6.  THE COMMISSIONER SHALL DEVELOP AND SECURE FROM EACH PARTICIPANT, A
WRITTEN AGREEMENT TO:
  (A) PRACTICE GERIATRIC MEDICINE;
  (B) ACCEPT MEDICARE AND MEDICAID PAYMENTS; AND
  (C) PROVIDE AT LEAST THIRTY-FIVE HOURS PER WEEK OF DIRECT PATIENT CARE
IN THE AREA BEING SERVED.
  IF A RECIPIENT FAILS TO COMPLY FULLY WITH SUCH CONDITIONS, THE COMMIS-
SIONER SHALL BE ENTITLED TO RECEIVE FROM SUCH PARTICIPANT  REIMBURSEMENT
OF  SUCH  AWARD  IN  AN AMOUNT TO BE DETERMINED BY THE COMMISSIONER. ANY
AMOUNT WHICH THE COMMISSIONER IS ENTITLED TO RECOVER UNDER THIS SUBDIVI-
SION SHALL BE PAID WITHIN THE FIVE-YEAR PERIOD  BEGINNING  ON  THE  DATE
THAT THE PARTICIPANT FAILED TO COMPLY WITH THE PROGRAM CRITERIA. NOTHING
IN  A  WRITTEN  AGREEMENT  UNDER  THIS SECTION SHALL AFFECT THE TERMS OF
EMPLOYMENT OF THE INDIVIDUAL WHO SHALL  NEGOTIATE,  SEPARATE  AND  APART
FROM  THE  PROGRAM, HIS OR HER SALARY AND OTHER FORMS OF EMPLOYMENT WITH
AN AGENCY, PRACTICE, INSTITUTION OR PROGRAM IN WHICH HE OR SHE SHALL  BE
EMPLOYED.
  7.  ANY OBLIGATION TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL
BE CANCELLED UPON THE DEATH OF THE PARTICIPANT. THE  COMMISSIONER  SHALL
PROMULGATE  REGULATIONS  TO  PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY
FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  8. A PARTICIPANT OF THE PROGRAM SHALL REPORT ANNUALLY TO  THE  DEPART-
MENT  ON  FORMS PRESCRIBED BY THE COMMISSIONER, AS TO THE PERFORMANCE OF
THE REQUIRED SERVICES, COMMENCING WITH THE CALENDAR YEAR  IN  WHICH  THE
PARTICIPANT  BEGINS  TO PRACTICE GERIATRIC MEDICINE AND CONTINUING UNTIL
THE RECIPIENT SHALL HAVE COMPLETED, OR IT IS DETERMINED THAT HE  OR  SHE
SHALL  NOT BE OBLIGATED TO COMPLETE, THE PROGRAM. THE COMMISSIONER SHALL
HAVE THE DISCRETION TO WAIVE THE FILING OF A REPORT, EXCUSE A  DELAY  IN
FILING OR A FAILURE TO FILE A REPORT FOR GOOD CAUSE SHOWN.
  9.  PARTICIPATION  IN  THE PROGRAM SHALL NOT PREVENT PARTICIPANTS FROM
BEING ELIGIBLE TO APPLY FOR OTHER PROGRAMS OR AWARDS.
  10. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.