S T A T E O F N E W Y O R K
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3939--A
Cal. No. 197
2017-2018 Regular Sessions
I N S E N A T E
January 30, 2017
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Introduced by Sens. YOUNG, HELMING, KENNEDY, LARKIN, ORTT, RANZENHOFER,
RITCHIE -- read twice and ordered printed, and when printed to be
committed to the Committee on Health -- recommitted to the Committee
on Health in accordance with Senate Rule 6, sec. 8 -- reported favora-
bly from said committee, ordered to first report, amended on first
report, ordered to a second report and ordered reprinted, retaining
its place in the order of second report
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 6 of part H of chapter 57 of
the laws of 2017, is amended to read as follows:
(d) Physician AND 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, 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 seventeen,
and up to one million seven hundred five thousand dollars each state
fiscal year for the period April first, two thousand seventeen through
March thirty-first, two thousand twenty, shall be set aside and reserved
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09254-02-8
S. 3939--A 2
by the commissioner from the regional pools established pursuant to
subdivision two of this section and shall be available for purposes of
physician AND DENTIST 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 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 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 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 OR DENTISTS identi-
fied 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.
§ 2. Paragraph (e) of subdivision 5-a of section 2807-m of the public
health law, as amended by section 6 of part H of chapter 57 of the laws
of 2017, is amended to read as follows:
(e) Physician AND 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, 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,
and up to four million three hundred sixty thousand dollars for each
state fiscal year for the period April first, two thousand seventeen
through March thirty-first, two thousand twenty, shall be set aside and
S. 3939--A 3
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 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 OR DENTISTS trained in primary or specialty tracks who there-
after establish or join practices in underserved communities, as deter-
mined by the commissioner.
(ii) After distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to physicians 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 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.
§ 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, para-
graphs (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 DENTIST loan repayment program. (a) Beginning Janu-
ary first, two thousand eight, the commissioner is authorized, within
amounts available pursuant to subdivision five-a of this section, to
make loan repayment awards to primary care physicians AND DENTISTS or
other physician AND DENTIST specialties determined by the commissioner
to be in short supply, licensed to practice medicine OR DENTISTRY in New
York state, who agree to practice for at least five years in an under-
served area, as determined by the commissioner. Such physician 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 OR DENTIST pursuant to
paragraph (a) of this subdivision shall not exceed the total qualifying
outstanding debt of the physician 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.
S. 3939--A 4
(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 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 OR
DENTIST'S office that primarily serves an underserved population as
determined by the commissioner, without regard to whether the population
or the facility or physician's 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 OR DENTIST'S
office primarily serves an underserved population, the commissioner may
make separate criteria and determinations for different specialties.
§ 4. This act shall take effect immediately.