S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10638
 
                           I N  A S S E M B L Y
 
                               June 20, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
   read once and referred to the Committee on Health
 
 AN ACT to amend the public health law,  in  relation  to  providing  for
   dentist loan repayment and practice support
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
   Section 1. Subdivision 5-a of section 2807-m of the public health  law
 is  amended  by  adding  two  new  paragraphs (c-1) and (d-1) to read as
 follows:
   (C-1) DENTIST LOAN REPAYMENT PROGRAM. UP TO ONE  MILLION  TWO  HUNDRED
 THOUSAND  DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO
 THOUSAND TWENTY-FOUR THROUGH MARCH THIRTY-FIRST,  TWO  THOUSAND  TWENTY-
 SEVEN,  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 DENTIST LOAN REPAYMENT IN ACCORD-
 ANCE  WITH  SUBDIVISION  TEN-A  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  EIGHT
 DENTISTS WHO TRAIN IN GENERAL OR PEDIATRIC DENTISTRY IN TEACHING GENERAL
 HOSPITALS, INCLUDING IN COMMUNITY CLINIC SETTINGS OWNED BY OR AFFILIATED
 WITH  SUCH  HOSPITALS,  AND WHO ENTER AND REMAIN IN GENERAL OR PEDIATRIC
 DENTISTRY 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
 DENTISTS  WHO  ENTER  AND REMAIN IN GENERAL OR PEDIATRIC DENTISTRY PRAC-
 TICES IN UNDERSERVED COMMUNITIES, AS  DETERMINED  BY  THE  COMMISSIONER,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15836-02-4
              
             
                          
                 A. 10638                            2
 
 INCLUDING  BUT  NOT  LIMITED  TO  DENTISTS WORKING IN GENERAL HOSPITALS,
 OTHER HEALTH CARE FACILITIES OR QUALIFIED PRIVATE PRACTICES.
   (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 DENTISTS IDENTIFIED BY GENERAL
 HOSPITALS.
   (D-1) DENTIST PRACTICE SUPPORT. UP TO THREE MILLION DOLLARS  FOR  EACH
 FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-FOUR THROUGH
 MARCH  THIRTY-FIRST,  TWO  THOUSAND TWENTY-SEVEN, SHALL BE SET ASIDE AND
 RESERVED BY THE COMMISSIONER FROM THE REGIONAL POOLS ESTABLISHED  PURSU-
 ANT  TO  SUBDIVISION  TWO  OF  THIS  SECTION  AND SHALL BE AVAILABLE FOR
 PURPOSES OF  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 AVAIL-
 ABLE 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 EIGHT AWARDS, TO SUPPORT COSTS INCURRED BY
 DENTISTS TRAINED IN GENERAL OR PEDIATRIC DENTISTRY IN  TEACHING  GENERAL
 HOSPITALS, INCLUDING IN COMMUNITY CLINIC SETTINGS OWNED BY OR AFFILIATED
 WITH  SUCH  HOSPITALS,  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 DENTISTS TO SUPPORT
 THE COST OF ESTABLISHING OR JOINING PRACTICES  IN  UNDERSERVED  COMMUNI-
 TIES,  AS  DETERMINED  BY  THE  COMMISSIONER, AND TO HOSPITALS AND OTHER
 HEALTH CARE PROVIDERS TO RECRUIT NEW 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.
   §  2. Section 2807-m of the public health law is amended by adding two
 new subdivisions 10-a and 13 to read as follows:
   10-A. DENTIST LOAN REPAYMENT PROGRAM. (A) BEGINNING APRIL  FIRST,  TWO
 THOUSAND  TWENTY-FOUR,  THE  COMMISSIONER  IS AUTHORIZED, WITHIN AMOUNTS
 AVAILABLE PURSUANT TO SUBDIVISION FIVE-A OF THIS SECTION, TO  MAKE  LOAN
 REPAYMENT  AWARDS  TO  GENERAL  OR PEDIATRIC DENTISTS OR OTHER DENTISTRY
 SPECIALTIES DETERMINED BY  THE  COMMISSIONER  TO  BE  IN  SHORT  SUPPLY,
 LICENSED  TO PRACTICE DENTISTRY IN NEW YORK STATE, WHO AGREE TO PRACTICE
 FOR AT LEAST THREE YEARS IN AN UNDERSERVED AREA, AS  DETERMINED  BY  THE
 COMMISSIONER.
   (B)  LOAN REPAYMENT AWARDS MADE TO A DENTIST PURSUANT TO PARAGRAPH (A)
 OF THIS SUBDIVISION SHALL NOT EXCEED THE  TOTAL  QUALIFYING  OUTSTANDING
 DEBT  OF  THE  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 THREE-YEAR COMMITMENT PURSUANT TO THE AGREE-
 MENT 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. 10638                            3
 
   (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 DENTIST IS NOT ACTUALLY PRACTICING IN AN UNDERSERVED
 AREA, SUCH DENTIST SHALL BE DEEMED TO BE PRACTICING  IN  AN  UNDERSERVED
 AREA  IF  SUCH  DENTIST PRACTICES IN A FACILITY OR DENTIST'S OFFICE THAT
 PRIMARILY SERVES AN UNDERSERVED POPULATION AS DETERMINED BY THE  COMMIS-
 SIONER,  WITHOUT  REGARD  TO  WHETHER  THE POPULATION OR THE FACILITY 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  DENTIST'S  OFFICE  PRIMARILY
 SERVES  AN  UNDERSERVED  POPULATION,  THE COMMISSIONER MAY MAKE SEPARATE
 CRITERIA AND DETERMINATIONS FOR DIFFERENT SPECIALTIES.
   13. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, APPLICATIONS
 SUBMITTED FOR THE DENTIST LOAN REPAYMENT PROGRAM PURSUANT  TO  PARAGRAPH
 (C-1)  OF  SUBDIVISION  FIVE-A  OF THIS SECTION AND SUBDIVISION TEN-A OF
 THIS SECTION OR THE DENTIST PRACTICE SUPPORT PROGRAM PURSUANT  TO  PARA-
 GRAPH  (D-1)  OF SUBDIVISION FIVE-A OF THIS SECTION, SHALL BE SUBJECT TO
 THE FOLLOWING:
   (A) AWARDS SHALL BE MADE FROM THE  TOTAL  FUNDING  AVAILABLE  FOR  NEW
 AWARDS UNDER THE DENTIST LOAN REPAYMENT PROGRAM AND THE DENTIST PRACTICE
 SUPPORT  PROGRAM,  WITH  NEITHER  PROGRAM  LIMITED TO A SPECIFIC FUNDING
 AMOUNT WITHIN SUCH TOTAL FUNDING AVAILABLE;
   (B) AN APPLICANT MAY APPLY FOR AN AWARD FOR EITHER DENTIST LOAN REPAY-
 MENT OR DENTIST PRACTICE SUPPORT, BUT NOT BOTH;
   (C) AN APPLICANT SHALL EITHER: (I) AGREE TO PRACTICE FOR  THREE  YEARS
 IN AN UNDERSERVED AREA AND EACH AWARD SHALL PROVIDE UP TO FIFTY THOUSAND
 DOLLARS  FOR  EACH  OF  THE  THREE YEARS; OR (II) AGREE TO PRACTICE AS A
 DENTIST ENGAGED IN PRIVATE PRACTICE IN  AN  UNDERSERVED  AREA  AND  EACH
 AWARD SHALL PROVIDE UP TO SEVENTY THOUSAND DOLLARS FOR EACH OF THE THREE
 YEARS; AND
   (D)  TO THE EXTENT PRACTICABLE, AWARDS SHALL BE TIMED TO BE OF USE FOR
 JOB OFFERS MADE TO APPLICANTS.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2024.