S T A T E O F N E W Y O R K
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3747--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Health -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the public health law, in relation to expanding the
Doctors Across New York program to include dentists
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d) of subdivision 5-a of section 2807-m of the
public health law, as amended by section 9 of part B of chapter 60 of
the laws of 2014, subparagraphs (iv), (v) and (vi) as added by section 4
of part W of chapter 57 of the laws of 2015, is amended to read as
follows:
(d) Physician AND/OR DENTIST loan repayment program. One million nine
hundred sixty thousand dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight, one
million nine hundred sixty thousand dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine, one million nine hundred sixty thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten, four hundred ninety thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven, one million seven hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen, and up to one million seven hundred
five thousand dollars each state fiscal year for the period April first,
two thousand fourteen through March thirty-first, two thousand seven-
teen, shall be set aside and reserved by the commissioner from the
regional pools established pursuant to subdivision two of this section
and shall be available for purposes of physician AND/OR DENTIST loan
repayment in accordance with subdivision ten of this section. Notwith-
standing any contrary provision of this section, sections one hundred
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05173-03-5
A. 3747--A 2
twelve and one hundred sixty-three of the state finance law, or any
other contrary provision of law, such funding shall be allocated
regionally with one-third of available funds going to New York city and
two-thirds of available funds going to the rest of the state and shall
be distributed in a manner to be determined by the commissioner without
a competitive bid or request for proposal process as follows:
(i) Funding shall first be awarded to repay loans of up to twenty-five
physicians AND/OR DENTISTS who train in primary care or specialty tracks
in teaching general hospitals, and who enter and remain in primary care
or specialty practices in underserved communities, as determined by the
commissioner.
(ii) After distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to repay loans of physi-
cians AND/OR DENTISTS who enter and remain in primary care or specialty
practices in underserved communities, as determined by the commissioner,
including but not limited to physicians AND/OR DENTISTS working in
general hospitals, or other health care facilities.
(iii) In no case shall less than fifty percent of the funds available
pursuant to this paragraph be distributed in accordance with subpara-
graphs (i) and (ii) of this paragraph to physicians AND/OR DENTISTS
identified by general hospitals.
(iv) In addition to the funds allocated under this paragraph, for the
period April first, two thousand fifteen through March thirty-first, two
thousand sixteen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(v) In addition to the funds allocated under this paragraph, for the
period April first, two thousand sixteen through March thirty-first, two
thousand seventeen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(vi) Notwithstanding any provision of law to the contrary, and subject
to the extension of the Health Care Reform Act of 1996, sufficient funds
shall be available for the purposes described in subdivision ten of this
section in amounts necessary to fund the remaining year commitments for
awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
S 2. Paragraph (e) of subdivision 5-a of section 2807-m of the public
health law, as amended by section 9 of part B of chapter 60 of the laws
of 2014, is amended to read as follows:
(e) Physician AND/OR DENTIST practice support. Four million nine
hundred thousand dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, four million
nine hundred thousand dollars annually for the period January first, two
thousand nine through December thirty-first, two thousand ten, one
million two hundred twenty-five thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven, four million three hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen, and up to four million three hundred
sixty thousand dollars each state fiscal year for the period April
first, two thousand fourteen through March thirty-first, two thousand
seventeen, shall be set aside and reserved by the commissioner from the
regional pools established pursuant to subdivision two of this section
and shall be available for purposes of physician AND/OR DENTIST practice
support. Notwithstanding any contrary provision of this section,
sections one hundred twelve and one hundred sixty-three of the state
finance law, or any other contrary provision of law, such funding shall
be allocated regionally with one-third of available funds going to New
A. 3747--A 3
York city and two-thirds of available funds going to the rest of the
state and shall be distributed in a manner to be determined by the
commissioner without a competitive bid or request for proposal process
as follows:
(i) Preference in funding shall first be accorded to teaching general
hospitals for up to twenty-five awards, to support costs incurred by
physicians AND/OR DENTISTS trained in primary or specialty tracks who
thereafter establish or join practices in underserved communities, as
determined by the commissioner.
(ii) After distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to physicians AND/OR
DENTISTS to support the cost of establishing or joining practices in
underserved communities, as determined by the commissioner, and to
hospitals and other health care providers to recruit new physicians
AND/OR DENTISTS to provide services in underserved communities, as
determined by the commissioner.
(iii) In no case shall less than fifty percent of the funds available
pursuant to this paragraph be distributed to general hospitals in
accordance with subparagraphs (i) and (ii) of this paragraph.
S 3. Subdivision 10 of section 2807-m of the public health law, as
added by section 75-e of part C of chapter 58 of the laws of 2008, and
paragraphs (a) and (c) as amended by section 13 of part B of chapter 58
of the laws of 2010, is amended to read as follows:
10. Physician AND/OR DENTIST loan repayment program. (a) Beginning
January first, two thousand eight, the commissioner is authorized, with-
in amounts available pursuant to subdivision five-a of this section, to
make loan repayment awards to primary care physicians AND/OR DENTISTS or
other physician AND/OR DENTIST specialties determined by the commission-
er to be in short supply, licensed to practice medicine AND/OR DENTISTRY
in New York state, who agree to practice for at least five years in an
underserved area, as determined by the commissioner. Such physician
AND/OR DENTIST shall be eligible for a loan repayment award of up to one
hundred fifty thousand dollars over a five year period distributed as
follows: fifteen percent of total loan debt not to exceed twenty thou-
sand dollars for the first year; fifteen percent of total loan debt not
to exceed twenty-five thousand dollars for the second year; twenty
percent of total loan debt not to exceed thirty-five thousand dollars
for the third year; and twenty-five percent of total loan debt not to
exceed thirty-five thousand dollars per year for the fourth year; and
any unpaid balance of the total loan debt not to exceed the maximum
award amount for the fifth year of practice in such area.
(b) Loan repayment awards made to a physician AND/OR DENTIST pursuant
to paragraph (a) of this subdivision shall not exceed the total qualify-
ing outstanding debt of the physician AND/OR DENTIST from student loans
to cover tuition and other related educational expenses, made by or
guaranteed by the federal or state government, or made by a lending or
educational institution approved under title IV of the federal higher
education act. Loan repayment awards shall be used solely to repay such
outstanding debt.
(c) In the event that a five-year commitment pursuant to the agreement
referenced in paragraph (a) of this subdivision is not fulfilled, the
recipient shall be responsible for repayment in amounts which shall be
calculated in accordance with the formula set forth in subdivision (b)
of section two hundred fifty-four-o of title forty-two of the United
States Code, as amended.
A. 3747--A 4
(d) The commissioner is authorized to apply any funds available for
purposes of paragraph (a) of this subdivision for use as matching funds
for federal grants for the purpose of assisting states in operating loan
repayment programs pursuant to section three hundred thirty-eight I of
the public health service act.
(e) The commissioner may postpone, change or waive the service obli-
gation and repayment amounts set forth in paragraphs (a) and (c),
respectively of this subdivision in individual circumstances where there
is compelling need or hardship.
(f)(i) When a physician AND/OR DENTIST is not actually practicing in
an underserved area, he or she shall be deemed to be practicing in an
underserved area if he or she practices in a facility or physician's
AND/OR DENTIST'S office that primarily serves an underserved population
as determined by the commissioner, without regard to whether the popu-
lation or the facility or physician's AND/OR DENTIST'S office is located
in an underserved area.
(ii) In making criteria and determinations as to whether an area is an
underserved area or whether a facility or physician's AND/OR DENTIST'S
office primarily serves an underserved population, the commissioner may
make separate criteria and determinations for different specialties.
S 4. This act shall take effect immediately.