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

                                 3747--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on  Health -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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 9 of part B of chapter 60 of
the laws of 2014, subparagraphs (iv), (v) and (vi) as added by section 4
of part W of chapter 57 of the laws of  2015,  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,  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, and up to  one  million  seven  hundred
five thousand dollars each state fiscal year for the period April first,
two  thousand  fourteen  through March thirty-first, two thousand seven-
teen, 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. Notwith-
standing any contrary provision of this section,  sections  one  hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05173-03-5
              

A. 3747--A                          2

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
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.
  (iv)  In addition to the funds allocated under this paragraph, for the
period April first, two thousand fifteen through March thirty-first, two
thousand sixteen,  two  million  dollars  shall  be  available  for  the
purposes described in subdivision ten of this section;
  (v)  In  addition to the funds allocated under this paragraph, for the
period April first, two thousand sixteen through March thirty-first, two
thousand seventeen, two million  dollars  shall  be  available  for  the
purposes described in subdivision ten of this section;
  (vi) Notwithstanding any provision of law to the contrary, and subject
to the extension of the Health Care Reform Act of 1996, sufficient funds
shall be available for the purposes described in subdivision ten of this
section  in amounts necessary to fund the remaining year commitments for
awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
  S 2. Paragraph (e) of subdivision 5-a of section 2807-m of the  public
health  law, as amended by section 9 of part B of chapter 60 of the laws
of 2014, 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, four million three hundred thousand dollars  each  state  fiscal
year for the period April first, two thousand eleven through March thir-
ty-first,  two  thousand  fourteen, and up to four million three hundred
sixty thousand dollars each state  fiscal  year  for  the  period  April
first,  two  thousand  fourteen through March thirty-first, two thousand
seventeen, 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 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

A. 3747--A                          3

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 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-
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.

A. 3747--A                          4

  (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.