S T A T E O F N E W Y O R K
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5298
2015-2016 Regular Sessions
I N A S S E M B L Y
February 17, 2015
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Introduced by M. of A. BARCLAY -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to developing and
implementing a residency program initiative to service medically
underserved areas; and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2807-mm to read as follows:
S 2807-MM. RESIDENT PROGRAM INITIATIVE TO SERVICE MEDICALLY UNDER-
SERVED AREAS. 1. THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A RESIDENCY
PROGRAM INITIATIVE FOR PHYSICIANS WHO AGREE TO WORK IN MEDICALLY UNDER-
SERVED AREAS IN NEW YORK STATE AS DESIGNATED BY THE COMMISSIONER AS
HAVING A SHORTAGE OF PHYSICIANS IN CERTAIN AREAS. THIS INITIATIVE WILL
FUND FIFTY RESIDENCY POSITIONS.
2. THE PHYSICIAN APPLICANT MUST:
(A) COMPLETE A RESIDENCY PROGRAM INITIATIVE APPLICATION, AS DEVELOPED
BY THE DEPARTMENT; AND
(B) HAVE ENTERED THE NATIONAL RESIDENT MATCHING PROGRAM AND HAVE
FAILED TO MATCH; AND
(C) BE A RESIDENT OF NEW YORK STATE; AND
(D) HAVE GRADUATED FROM A NEW YORK STATE ACCREDITED MEDICAL SCHOOL AND
HAVE PASSED THE UNITED STATES MEDICAL LICENSING EXAMINATION STEPS 1 AND
2; OR
(E) BE CERTIFIED BY THE EDUCATION COMMISSION FOR FOREIGN MEDICAL GRAD-
UATES.
3. NEW YORK STATE ACCREDITED RESIDENCY PROGRAMS MUST COMPLETE A RESI-
DENCY PROGRAM PARTICIPATION APPLICATION, AS DEVELOPED BY THE DEPARTMENT.
4. IN ORDER FOR A NEW YORK STATE ACCREDITED RESIDENCY PROGRAM TO BE
APPROVED IT MUST BE EITHER A TEACHING HOSPITAL OR HAVE TEACHING HOSPITAL
OVERSIGHT AND BE LICENSED BY THE DEPARTMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07940-01-5
A. 5298 2
5. RESIDENCY POSITIONS FUNDED UNDER THIS PROGRAM SHALL BE AWARDED TO
INTERESTED HOSPITALS ON A COMPETITIVE BASIS PURSUANT TO A REQUEST FOR
PROPOSAL OR REQUEST FOR APPLICATION PROCESS.
6. THE DEPARTMENT WILL MATCH PHYSICIAN APPLICANTS WITH APPROVED
MEDICAL RESIDENCY PROGRAMS.
7. UPON ACCEPTANCE TO AN APPROVED MEDICAL RESIDENCY PROGRAM THE PHYSI-
CIAN APPLICANT MUST SIGN A CONTRACT WITH THE STATE WHEREBY THE PHYSICIAN
APPLICANT AGREES TO WORK IN NEW YORK STATE IN A MEDICALLY UNDERSERVED
AREA AT THE COMPLETION OF HIS OR HER RESIDENCY FOR A MINIMUM OF FIVE
YEARS. THE LOCATION MUST BE APPROVED BY THE DEPARTMENT AND MUST ACCEPT
MEDICAID AND MEDICARE. THE PHYSICIAN APPLICANT SHALL BE RESPONSIBLE TO
REPAY THE DEPARTMENT FOR THE COST OF THEIR RESIDENCY SHOULD THEY EITHER
FAIL TO COMPLETE THE RESIDENCY OR THE SUBSEQUENT SERVICE REQUIREMENT.
THE COMMISSIONER SHALL BE GIVEN THE POWER TO WAIVE OR MODIFY THE REPAY-
MENT REQUIREMENT IN CASES WHERE THERE IS A COMPELLING NEED OR HARDSHIP.
S 2. The sum of five million dollars ($5,000,000), or so much thereof
as may be necessary, is hereby appropriated to the department of health
from any moneys in the state treasury in the general fund to the credit
of the state purposes account not otherwise appropriated for the
purposes of carrying out the provisions of this act. Such sum shall be
payable on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of health, or his duly desig-
nated representative in the manner provided by law.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date.