Senate Bill S6257

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6257
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  establishing  a
   physician 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 public health law is amended by adding a new article 10
 to read as follows:
                                ARTICLE 10
                        PHYSICIAN LOAN FORGIVENESS
                                  PROGRAM
 SECTION 1001. PHYSICIAN LOAN FORGIVENESS PROGRAM FOR GERIATRIC MEDICINE.
   § 1001. PHYSICIAN LOAN FORGIVENESS PROGRAM FOR GERIATRIC MEDICINE.  1.
 PHYSICIAN LOAN FORGIVENESS AWARDS SHALL BE ISSUED ANNUALLY TO PHYSICIANS
 WHO  AGREE TO PRACTICE IN THE SPECIALTY OF GERIATRIC MEDICINE AS DEFINED
 BY THE COMMISSIONER, IN CONSULTATION WITH 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 THE  STATE,  LICENSED
 TO  PRACTICE  MEDICINE, AND CERTIFIED IN THE PRACTICE OF GERIATRIC MEDI-
 CINE OR HAVE A CONCENTRATION IN THAT SPECIALTY. THE APPLICANT MUST  HAVE
 COMPLETED  A  PROFESSIONAL RESIDENCY PROGRAM WITHIN THE FIVE YEARS IMME-
 DIATELY PRECEDING THE PERIOD FOR WHICH THE FIRST AWARD WOULD BE GRANTED,
 OR BE WITHIN TWO YEARS OF COMPLETION OF AN ACCREDITED RESIDENCY  PROGRAM
 IN  GERIATRIC  MEDICINE.  THE  APPLICANT MUST AGREE TO PRACTICE MEDICINE
 WITHIN THE STATE.
   4. THE COMMISSIONER SHALL ESTABLISH  CRITERIA  FOR  THE  SELECTION  OF
 PARTICIPANTS  IN THE PROGRAM. A PRIORITY SHALL BE ACCORDED TO ANY APPLI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09018-02-7

 S. 6257                             2
 
 CANT WHO IS COMPLETING A YEAR OF THE SERVICE REQUIREMENT AND  IS  RE-AP-
 PLYING  FOR  A  NEW AWARD. THE COMMISSIONER SHALL VERIFY THE PHYSICIAN'S
 ELIGIBILITY AND THE PHYSICIAN'S TOTAL MEDICAL EDUCATIONAL LOAN EXPENSES.
   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.
   § 2. 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  are
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.