S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10081
 
                           I N  A S S E M B L Y
 
                               March 6, 2020
                                ___________
 
 Introduced  by M. of A. WALCZYK -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health  law,  in  relation  to  creating  the
   medical  professionals across rural New York state student loan repay-
   ment fund pilot program
 
   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
 29-J to read as follows:
 
                               ARTICLE 29-J
      MEDICAL PROFESSIONALS ACROSS RURAL NEW YORK STATE STUDENT LOAN
                              REPAYMENT FUND
 SECTION 2999-JJ. CREATION OF FUND AND COOPERATING AGENCIES.
         2999-KK. ADMINISTRATION OF FUNDS.
         2999-LL. ADMINISTRATION AGREEMENT.
         2999-MM. RESPONSIBILITIES UPON EFFECTIVE DATE OF AGREEMENT.
         2999-NN. DOCUMENTATION.
         2999-OO. COMMITMENT.
         2999-PP. PARTICIPATING PROFESSIONALS.
         2999-QQ. COMPENSATION.
         2999-RR. CONTINUED QUALIFICATION.
         2999-SS. CONDITIONS BARRING PARTICIPATION.
         2999-TT. MINIMUM QUALIFICATIONS FOR PARTICIPATION.
         2999-UU. APPLICATION CRITERIA.
         2999-VV. HEALTHCARE PROVIDER SCORING AND COHORT SIZE.
         2999-WW. ANNOUNCEMENT OF RESULTS.
         2999-XX. PAYMENTS AND DEFAULT.
   § 2999-JJ. CREATION OF FUND AND COOPERATING AGENCIES. THE  DEPARTMENT,
 WITHIN  AMOUNTS  APPROPRIATED, SHALL ESTABLISH THE MEDICAL PROFESSIONALS
 ACROSS RURAL NEW YORK STATE STUDENT LOAN REPAYMENT FUND  PILOT  PROGRAM,
 IN  ASSOCIATION  WITH  THE  EMPIRE  STATE  DEVELOPMENT  CORPORATION. THE
 DEPARTMENT IS ALSO DIRECTED TO  CONSULT  WITH  THE  FORT  DRUM  REGIONAL
 HEALTH  PLANNING ORGANIZATION AND THE IROQUOIS HEALTHCARE ASSOCIATION AS

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04802-01-9

 A. 10081                            2
 
 IT DEEMS APPROPRIATE. FUNDS SHALL BE TRANSFERRED BY THE COMMISSIONER  OF
 TAXATION AND FINANCE TO THE DEPARTMENT FOR USE AS DESCRIBED HEREIN.
   § 2999-KK. ADMINISTRATION OF FUNDS. MONIES IN THE FUND SHALL BE:
   1. HELD BY THE DEPARTMENT PURSUANT TO THIS SECTION AS CUSTODIAN PURSU-
 ANT  TO  AN AGREEMENT WITH THE COMMISSIONER OF TAXATION AND FINANCE, AND
 THE EMPIRE STATE DEVELOPMENT CORPORATION, UNTIL TRANSFERRED PURSUANT  TO
 THIS SECTION; AND
   2. INVESTED BY THE DEPARTMENT IN ACCORDANCE WITH THE INVESTMENT GUIDE-
 LINES  OF  THE  COMPTROLLER DURING SAID CUSTODIAL PERIOD. ALL INVESTMENT
 INCOME SHALL BE CREDITED TO, AND SHALL BE DEPOSITED IN, THE FUND.
   § 2999-LL. ADMINISTRATION AGREEMENT. THE COMMISSIONER OF TAXATION  AND
 FINANCE,  THE  EMPIRE  STATE DEVELOPMENT CORPORATION, AND THE DEPARTMENT
 SHALL ENTER INTO AN AGREEMENT, SUBJECT TO THE APPROVAL OF  THE  DIRECTOR
 OF THE BUDGET, FOR THE PURPOSE OF ADMINISTERING THE FUND. A COPY OF SUCH
 AGREEMENT, AND ANY AMENDMENTS THERETO, SHALL BE PROVIDED TO THE CHAIR OF
 THE  SENATE  FINANCE  COMMITTEE, THE DIRECTOR OF THE DIVISION OF BUDGET,
 AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS  COMMITTEE.  THE  AGREEMENT
 SHALL  SPECIFY THAT THE DEPARTMENT SHALL ADMINISTER THE FUND IN A MANNER
 THAT WILL BENEFIT THE PUBLIC BY ENCOURAGING THE AVAILABILITY OF  PROFES-
 SIONAL SERVICE PROVIDERS, IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES,
 REGULATIONS AND OTHER REQUIREMENTS.
   § 2999-MM. RESPONSIBILITIES UPON EFFECTIVE DATE OF AGREEMENT. UPON THE
 EFFECTIVE DATE OF THE AGREEMENT, CUSTODY OF, AND RESPONSIBILITY FOR, THE
 FUND SHALL BE TAKEN UP BY THE DEPARTMENT, SUBJECT TO THE REQUIREMENTS OF
 ITS  AGREEMENT  WITH  THE  COMMISSIONER  OF TAXATION AND FINANCE AND THE
 EMPIRE STATE DEVELOPMENT CORPORATION. SUCH AGREEMENT SHALL INCLUDE,  BUT
 NOT BE LIMITED TO, THE FOLLOWING PROVISIONS:
   1. THE DEPARTMENT SHALL BE RESPONSIBLE FOR THE RECEIPT, MANAGEMENT AND
 EXPENDITURE OF MONIES HELD IN THE FUND;
   2.  THE  DEPARTMENT SHALL MAINTAIN BOOKS AND RECORDS PERTAINING TO ALL
 MONIES RECEIVED AND DISBURSED PURSUANT TO THIS SECTION  AND  THE  AGREE-
 MENT;
   3.  MONIES IN SUCH FUND SHALL BE UTILIZED FOR THE PURPOSE OF PROVIDING
 STUDENT LOAN REPAYMENT FUNDING TO QUALIFYING PROFESSIONALS;
   4. PARTICIPATING PROFESSIONALS  SHALL  BE  CHOSEN  BY  THE  DEPARTMENT
 THROUGH  AN  APPLICATION  PROCESS APPROVED BY THE DEPARTMENT, THE EMPIRE
 STATE DEVELOPMENT CORPORATION, AND THE COMPTROLLER;
   5. THE DEPARTMENT SHALL REPORT QUARTERLY ON TRANSACTIONS PERTAINING TO
 THE FUND IN A FORM AND MANNER SPECIFIED BY THE COMPTROLLER IN  CONSULTA-
 TION WITH THE COMMISSIONER OF TAXATION AND FINANCE, AND THE EMPIRE STATE
 DEVELOPMENT  CORPORATION,  INCLUDING  BUT  NOT LIMITED TO:   RECEIPTS OR
 DEPOSITS TO THE FUND, DISBURSEMENTS, LOANS OR  CREDIT  ENHANCEMENT  MADE
 FROM  THE FUND, INVESTMENT INCOME, AND THE BALANCE ON HAND AS OF THE END
 OF THE MONTH FOR EACH SUCH QUARTER;
   6. THE DEPARTMENT SHALL BE REQUIRED TO INVEST MONIES ON DEPOSIT IN THE
 FUND IN ACCORDANCE WITH INVESTMENT GUIDELINES MEETING  THE  REQUIREMENTS
 OF  THE  COMPTROLLER, AND ALL INVESTMENT INCOME SHALL BE CREDITED TO THE
 FUND, AND SPENT THEREFROM ONLY  FOR  THE  PURPOSES  SET  FORTH  IN  THIS
 SECTION;
   7.  FUND  MONIES  SHALL  BE  HELD IN TRUST AND USED FOR THE BENEFIT OF
 PARTICIPATING PROFESSIONALS;
   8. AFTER TWO YEARS, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE GOVER-
 NOR AND LEGISLATURE DETAILING THE PERFORMANCE PARTICIPATION  AND  IMPACT
 OF THE PILOT PROGRAM; AND

 A. 10081                            3
 
   9.  ANY  OTHER  TERM  OR CONDITION AS DETERMINED BY THE DEPARTMENT, IN
 CONSULTATION WITH THE COMMISSIONER  OF  TAXATION  AND  FINANCE  AND  THE
 EMPIRE STATE DEVELOPMENT CORPORATION.
   §  2999-NN. DOCUMENTATION. PAYMENTS FROM THE FUND SHALL BE MADE PURSU-
 ANT TO A WRITTEN AGREEMENT BETWEEN THE DEPARTMENT AND THE  PARTICIPATING
 PROFESSIONAL,  SPECIFYING THE TERMS OF THE PAYMENTS. THE AGREEMENT SHALL
 BE IN SUCH FORM AND CONTENT AS SHALL BE ACCEPTABLE  TO  THE  COMPTROLLER
 AND  DEPARTMENT,  AND  MAY  INCLUDE  SUCH  FURTHER WRITTEN DOCUMENTATION
 AND/OR AGREEMENTS AS SHALL BE REQUIRED IN  THE  JUDGMENT  OF  THE  COMP-
 TROLLER  AND  DEPARTMENT.  TERMS MAY INCLUDE RESCISSION OF PAYMENTS IF A
 PARTICIPATING PROFESSIONAL DOES NOT COMPLY  WITH  THIS  SECTION  OR  THE
 TERMS OF THE PARTICIPATING PROFESSIONAL'S AGREEMENT WITH THE DEPARTMENT.
   §  2999-OO. COMMITMENT. PROFESSIONALS SHALL BE ELIGIBLE TO PARTICIPATE
 IN THIS PROGRAM PROVIDED THAT IN ADDITION TO ANY OTHER REQUIREMENTS  SET
 FORTH IN THIS ARTICLE THEY:
   1. MAKE A TWO YEAR COMMITMENT TO PRACTICE IN A TRACT OR COUNTY DEFINED
 BY  THE HEALTH RESOURCES AND SERVICES ADMINISTRATION AS BEING "RURAL" OR
 ELIGIBLE FOR A RURAL HEALTH GRANT; AND
   2. SUCH TRACT IS SITUATED, IN WHOLE OR IN PART,  IN  THE  COUNTIES  OF
 MADISON, CLINTON, ESSEX, FRANKLIN, HAMILTON, HERKIMER, JEFFERSON, LEWIS,
 OSWEGO, OR ST. LAWRENCE.
   §  2999-PP.  PARTICIPATING  PROFESSIONALS. THE FOLLOWING PROFESSIONALS
 SHALL BE ELIGIBLE TO RECEIVE THE BENEFITS OF THIS FUND:
   1. HOME CARE SERVICE WORKERS, CLINICAL LABORATORY PRACTITIONERS, CLIN-
 ICAL LABORATORY TECHNOLOGISTS,  CLINICAL  LABORATORY  CYTOTECHNOLOGISTS,
 CLINICAL LABORATORY TECHNICIANS, OR HISTOLOGICAL TECHNICIANS;
   2. LICENSED PSYCHOLOGISTS, LICENSED MASTER SOCIAL WORKERS, OR LICENSED
 CLINICAL SOCIAL WORKERS;
   3.  MIDLEVEL  PRACTITIONERS SUCH AS A PHYSICAL THERAPIST, PHYSIOTHERA-
 PIST, MECHANOTHERAPIST, DENTIST,  DENTAL  HYGIENIST,  DENTAL  ASSISTANT,
 NURSE PRACTITIONER, PSYCHIATRIC NURSE PRACTITIONER, PHYSICIAN ASSISTANT,
 OR  PSYCHIATRIST  WHO IS A DIPLOMATE OF THE AMERICAN BOARD OF PSYCHIATRY
 AND NEUROLOGY OR IS ELIGIBLE TO BE CERTIFIED BY THAT BOARD OR IS  CERTI-
 FIED BY THE AMERICAN OSTEOPATHIC BOARD OF NEUROLOGY AND PSYCHIATRY OR IS
 ELIGIBLE TO BE CERTIFIED BY THAT BOARD;
   4.  SPEECH-LANGUAGE  PATHOLOGISTS OR AUDIOLOGISTS, OCCUPATIONAL THERA-
 PISTS, OR RESPIRATORY THERAPISTS;
   5. LICENSED PHARMACISTS;
   6. NURSES IN NURSING HOMES, SUCH AS  REGISTERED  PROFESSIONAL  NURSES,
 LICENSED  PRACTICAL NURSES, OR CLINICAL NURSE SPECIALISTS, PROVIDED THAT
 THEIR SERVICE COMMITMENT, IN ADDITION TO ANY OTHER  CRITERIA  LISTED  IN
 THIS ARTICLE, WILL ALSO BE IN A LICENSED NURSING HOME, INTERMEDIATE CARE
 FACILITY  FOR  THE  DEVELOPMENTALLY  DISABLED, OR HOSPITAL IF IT OWNS OR
 OPERATES A LICENSED NURSING HOME, AND THE  PROFESSIONAL  WILL  SPEND  AT
 LEAST HALF OF THEIR WORKING HOURS IN THE NURSING HOME; AND
   7.  OPTOMETRISTS, AS DEFINED IN SECTION SEVENTY-ONE HUNDRED ONE OF THE
 EDUCATION LAW.
   § 2999-QQ. COMPENSATION. PARTICIPATING PROFESSIONALS SHALL BE  COMPEN-
 SATED  IN  THE  FORM OF PAYMENTS AGAINST THEIR STUDENT LOANS MADE IN THE
 FOLLOWING AMOUNTS:
   1. FIFTY PERCENT OF TOTAL QUALIFYING DEBT ANNUALLY, UP  TO  A  MAXIMUM
 ANNUAL  AMOUNT  OF  FIVE  THOUSAND  DOLLARS  FOR PROFESSIONALS LISTED IN
 SUBDIVISION ONE OF SECTION TWENTY-NINE HUNDRED  NINETY-NINE-PP  OF  THIS
 ARTICLE;
   2.  FIFTY  PERCENT  OF TOTAL QUALIFYING DEBT ANNUALLY, UP TO A MAXIMUM
 ANNUAL AMOUNT OF TEN THOUSAND DOLLARS FOR PROFESSIONALS LISTED IN SUBDI-

 A. 10081                            4
 
 VISION TWO OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-PP OF  THIS  ARTI-
 CLE;
   3.  FIFTY  PERCENT  OF TOTAL QUALIFYING DEBT ANNUALLY, UP TO A MAXIMUM
 ANNUAL AMOUNT OF TWENTY THOUSAND DOLLARS  FOR  PROFESSIONALS  LISTED  IN
 SUBDIVISION  THREE OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-PP OF THIS
 ARTICLE;
   4. FIFTY PERCENT OF TOTAL QUALIFYING DEBT ANNUALLY, UP  TO  A  MAXIMUM
 ANNUAL  AMOUNT  OF  TWELVE  THOUSAND DOLLARS FOR PROFESSIONALS LISTED IN
 SUBDIVISION FOUR OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-PP  OF  THIS
 ARTICLE;
   5.  FIFTY  PERCENT  OF TOTAL QUALIFYING DEBT ANNUALLY, UP TO A MAXIMUM
 ANNUAL AMOUNT OF FIFTEEN THOUSAND DOLLARS FOR  PROFESSIONALS  LISTED  IN
 SUBDIVISION  FIVE  OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-PP OF THIS
 ARTICLE;
   6. FIFTY PERCENT OF TOTAL QUALIFYING DEBT ANNUALLY, UP  TO  A  MAXIMUM
 ANNUAL  AMOUNT  OF  FIVE  THOUSAND  DOLLARS  FOR PROFESSIONALS LISTED IN
 SUBDIVISION SIX OF SECTION TWENTY-NINE HUNDRED  NINETY-NINE-PP  OF  THIS
 ARTICLE; AND
   7.  FIFTY  PERCENT  OF TOTAL QUALIFYING DEBT ANNUALLY, UP TO A MAXIMUM
 ANNUAL AMOUNT OF TWELVE THOUSAND DOLLARS  FOR  PROFESSIONALS  LISTED  IN
 SUBDIVISION  SEVEN OF SECTION TWENTY-NINE HUNDRED NINETY-NINE-PP OF THIS
 ARTICLE.
   § 2999-RR.  CONTINUED  QUALIFICATION.  PROVIDED  THAT  A  PROFESSIONAL
 CONTINUES  TO  QUALIFY  FOR  THIS PROGRAM AFTER TWO YEARS AND SUCH PILOT
 PROGRAM IS STILL IN OPERATION, THEN LOAN PAYMENT  AMOUNTS  WILL  BE  THE
 BALANCE  OF  ANY  QUALIFYING  DEBT  UP  TO THE MAXIMUM AMOUNTS LISTED IN
 SECTION TWO THOUSAND NINE HUNDRED NINETY-NINE-QQ OF THIS ARTICLE.
   § 2999-SS. CONDITIONS  BARRING  PARTICIPATION.  PARTICIPATING  PROFES-
 SIONALS SHALL NOT:
   1. HAVE ANY OUTSTANDING SERVICE OBLIGATIONS TO THE FEDERAL GOVERNMENT,
 STATE, OR OTHER ENTITY; OR
   2.  HAVE  ANY  JUDGMENT  LIENS ARISING FROM FEDERAL OR STATE DEBT, AND
 MUST NOT BE DELINQUENT IN CHILD SUPPORT PAYMENTS.
   § 2999-TT. MINIMUM  QUALIFICATIONS  FOR  PARTICIPATION.  PARTICIPATING
 PROFESSIONALS MUST POSSESS A FULLY-EXECUTED EMPLOYMENT CONTRACT, OR MUST
 BE  ABLE  TO SUBMIT SUFFICIENT EVIDENCE OF INTENT TO ESTABLISH A PRIVATE
 PRACTICE AND SUBSEQUENTLY DO SO, AND MUST POSSESS ALL LICENSES  REQUIRED
 TO  PRACTICE  THEIR  CHOSEN PROFESSION IN THE STATE OF NEW YORK. PARTIC-
 IPATING PROFESSIONALS MUST ALSO BE A U.S. CITIZEN OR PERMANENT RESIDENT,
 AND BECOME A LEGAL RESIDENT OF NEW YORK  STATE  WITHIN  NINETY  DAYS  OF
 BEGINNING EMPLOYMENT.
   § 2999-UU. APPLICATION CRITERIA. THE ENTITIES INVOLVED IN THIS PROGRAM
 MAY  ESTABLISH  ADDITIONAL  APPLICATION  CRITERIA  AT  THEIR DISCRETION,
 PROVIDED THAT SUCH CRITERIA DOES NOT NARROW THE AVAILABILITY OF FUNDS OR
 CONFLICT WITH THE INTENT OF THIS ARTICLE.
   § 2999-VV. HEALTHCARE PROVIDER SCORING AND COHORT SIZE.  REGARDLESS OF
 FUNDING LEVELS, NO MORE THAN THIRTY-TWO PARTICIPATING PROFESSIONALS  MAY
 ENTER  THE  PROGRAM  IN ANY FISCAL YEAR. APPLICATIONS SHALL BE COLLECTED
 THROUGHOUT THE YEAR, WITH A NEW COHORT OF NO MORE THAN EIGHT PARTICIPAT-
 ING PROFESSIONALS APPROVED EACH QUARTER. EACH APPLICATION RECEIVED SHALL
 RECEIVE A SCORE WHICH WILL BE CALCULATED AS DESCRIBED HEREIN:
   1. THE MAXIMUM SCORE AN APPLICANT MAY RECEIVE IS FIFTY. TWO  INDEPEND-
 ENT  REVIEWERS, BLIND TO EACH OTHER'S EVALUATION, WILL SCORE EACH APPLI-
 CANT. THE AVERAGE OF THE SCORES GIVEN  BY  EACH  REVIEWER  WILL  BE  THE
 APPLICANT'S  FINAL  SCORE.  IN THE EVENT ANY TWO APPLICANTS FOR THE SAME
 COHORT RECEIVE THE SAME  SCORE,  EACH  OF  THEIR  APPLICATIONS  WILL  BE

 A. 10081                            5
 
 REVIEWED  A  THIRD  TIME AND A NEW AVERAGE SCORE COMPUTED FROM ALL THREE
 SCORES RECEIVED;
   2.  SCORES WILL BE CALCULATED BY TAKING THE DISCIPLINE SPECIFIC HEALTH
 PROFESSIONAL SHORTAGE AREAS SCORE FOR THE APPLICANT'S PRACTICE LOCATION,
 AND ADDING A MAXIMUM OF TEN POINTS BASED ON  THE  DIVERSITY  OF  MEDICAL
 CASES  OR  ISSUES TREATED AT THE PRACTICE LOCATION, AND ADDING A MAXIMUM
 OF FIFTEEN POINTS BASED ON THE DIVERSITY OF THE  PATIENT  POPULATION  IN
 THE TRACT OR COUNTY WHERE THE APPLICANT INTENDS TO PRACTICE; AND
   3.  IF A HEALTH PROFESSIONAL SHORTAGE AREAS SCORE IS NOT AVAILABLE FOR
 THE APPLICANT'S INTENDED PRACTICE LOCATION  THEN  THE  DEPARTMENT  SHALL
 ATTEMPT  TO  ESTIMATE ONE BASED ON THE SAME DISCIPLINE SPECIFIC CRITERIA
 USED BY THE HEALTH RESOURCES AND SERVICES ADMINISTRATION TO  GENERATE  A
 HEALTH PROFESSIONAL SHORTAGE AREAS SCORE.
   §  2999-WW.  ANNOUNCEMENT OF RESULTS. ALL APPLICANTS GRANTED ADMISSION
 TO THE PROGRAM WILL BE NOTIFIED BY EMAIL AND UNITED STATES  MAIL  WITHIN
 TWENTY-ONE  BUSINESS DAYS FOLLOWING THE CONCLUSION OF THE QUARTER DURING
 WHICH THEIR APPLICATION WAS  RECEIVED.  FOLLOWING  THE  ANNOUNCEMENT  OF
 AWARDS, APPLICANTS MAY REQUEST A DEBRIEFING FROM THE DEPARTMENT NO LATER
 THAN  TEN CALENDAR DAYS FROM THE DATE OF THE ANNOUNCEMENT. THIS DEBRIEF-
 ING WILL BE LIMITED TO THE POSITIVE AND NEGATIVE ASPECTS OF THE SPECIFIC
 APPLICANT'S APPLICATION. IN THE EVENT UNSUCCESSFUL  APPLICANTS  WISH  TO
 PROTEST  THEIR  RESULTS  THEY  MUST FOLLOW THE PROTEST PROCEDURES ESTAB-
 LISHED BY THE OFFICE OF THE STATE COMPTROLLER  IN  EFFECT  AT  THE  TIME
 THEIR PROTEST IS ENTERED.
   §  2999-XX.  PAYMENTS  AND  DEFAULT.  TOTAL  ANNUAL  PAYMENTS SHALL BE
 DISBURSED IN EQUAL AMOUNTS ON A MONTHLY BASIS.
   1. IN THE EVENT OF DEFAULT BY A PARTICIPATING PROFESSIONAL, WITHIN ONE
 YEAR OF DEFAULTING THE PARTICIPATING PROFESSIONAL SHALL REPAY THE  STATE
 OF  NEW  YORK  THE GREATER OF EITHER THIRTY-ONE THOUSAND DOLLARS, OR THE
 VALUE OF THE PAST SEVEN MONTHS OF LOAN PAYMENTS MADE  BY  THE  STATE  ON
 BEHALF  OF THE PARTICIPATING PROFESSIONAL. THE OUTSTANDING BALANCE AFTER
 ONE YEAR SHALL ACCRUE INTEREST AT A RATE EQUAL TO THAT OWED ON UNDERPAY-
 MENTS OF NEW YORK  STATE  INCOME  TAX.  UNCOLLECTABLE  AMOUNTS  WILL  BE
 REFERRED  TO  THE  NEW YORK STATE ATTORNEY GENERAL'S OFFICE FOR POSSIBLE
 LEGAL ACTION.
   2. WHERE DEFAULT RESULTS FROM AN ACTION MADE  BY  THE  DEPARTMENT  THE
 PARTICIPATING PROFESSIONAL WILL NOT BE PENALIZED.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.