S T A T E   O F   N E W   Y O R K
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                                 3020--B
    Cal. No. 1138
                       2015-2016 Regular Sessions
                            I N  S E N A T E
                            February 2, 2015
                               ___________
Introduced  by  Sens.  YOUNG,  AVELLA,  GOLDEN, LARKIN -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Health -- reported favorably from said committee, ordered to first and
  second  report,  ordered  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place in the order of third reading -- recom-
  mitted to the Committee on Health in accordance with  Senate  Rule  6,
  sec. 8 -- reported favorably from said committee, ordered to first and
  second  report,  amended on second report, ordered to a third reading,
  and to be reprinted as amended, retaining its place in  the  order  of
  third reading
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 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              
             
                          
                                                                           LBD05173-05-6
S. 3020--B                          2
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 DENTIST loan repay-
ment in accordance with subdivision ten of this section. 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 York city and two-thirds of avail-
able  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 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 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 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 OR DENTISTS  identi-
fied 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 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
S. 3020--B                          3
regional pools established pursuant to subdivision two of  this  section
and  shall  be  available for purposes of physician AND 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
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 OR DENTISTS trained in primary or specialty tracks who there-
after  establish or join practices in underserved communities, as deter-
mined by the commissioner.
  (ii) After distributions in accordance with subparagraph (i)  of  this
paragraph,  all  remaining  funds  shall  be  awarded  to  physicians 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  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, para-
graphs  (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 DENTIST loan repayment program.  (a) Beginning Janu-
ary first, two thousand eight, the commissioner  is  authorized,  within
amounts  available  pursuant  to  subdivision five-a of this section, to
make loan repayment awards to primary care physicians  AND  DENTISTS  or
other  physician  AND DENTIST specialties determined by the commissioner
to be in short supply, licensed to practice medicine OR DENTISTRY in New
York state, who agree to practice for at least five years in  an  under-
served  area,  as  determined  by  the  commissioner.  Such physician 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 OR DENTIST pursuant to
paragraph (a) of this subdivision shall not exceed the total  qualifying
outstanding debt of the physician 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.
S. 3020--B                          4
  (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.
  (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 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 OR
DENTIST'S office that primarily  serves  an  underserved  population  as
determined by the commissioner, without regard to whether the population
or  the  facility  or  physician's  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  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.