S T A T E   O F   N E W   Y O R K
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                                  2719

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred 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 53 of part D of chapter  56  of
the laws of 2012, 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  DENTISTS  loan  repayment  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 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) 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

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00749-01-3

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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 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 53 of part D of chapter 56 of the laws
of 2012, 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. 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) 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:

A. 2719                             3

  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-
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.