S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5210

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- 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  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 26 of part C of chapter 59 of
the laws of 2011, 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, and 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, 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.  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10764-01-1
              

S. 5210                             2

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.
  S  2. Paragraph (e) of subdivision 5-a of section 2807-m of the public
health law, as amended by section 26 of part C of chapter 59 of the laws
of 2011, 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, and four million  three  hundred  thousand  dollars  each  state
fiscal  year  for  the  period  April first, two thousand eleven through
March thirty-first, two  thousand  fourteen,  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  physician  AND/OR  DENTIST  practice support. 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 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-

S. 5210                             3

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.
  (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.