S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3223
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by M. of A. HUNTER, BARCLAY -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in  relation  to  developing  and
   implementing  a  residency  program  initiative  to  service medically
   underserved areas; and making an appropriation therefor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2807-mm to read as follows:
   § 2807-MM. RESIDENT PROGRAM INITIATIVE  TO  SERVICE  MEDICALLY  UNDER-
 SERVED  AREAS. 1. THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A RESIDENCY
 PROGRAM INITIATIVE FOR PHYSICIANS WHO AGREE TO WORK IN MEDICALLY  UNDER-
 SERVED  AREAS  IN  NEW  YORK  STATE AS DESIGNATED BY THE COMMISSIONER AS
 HAVING A SHORTAGE OF PHYSICIANS IN CERTAIN AREAS. THIS  INITIATIVE  WILL
 FUND FIFTY RESIDENCY POSITIONS.
   2. THE PHYSICIAN APPLICANT MUST:
   (A)  COMPLETE A RESIDENCY PROGRAM INITIATIVE APPLICATION, AS DEVELOPED
 BY THE DEPARTMENT; AND
   (B) HAVE ENTERED THE  NATIONAL  RESIDENT  MATCHING  PROGRAM  AND  HAVE
 FAILED TO MATCH; AND
   (C) BE A RESIDENT OF NEW YORK STATE; AND
   (D) HAVE GRADUATED FROM A NEW YORK STATE ACCREDITED MEDICAL SCHOOL AND
 HAVE  PASSED THE UNITED STATES MEDICAL LICENSING EXAMINATION STEPS 1 AND
 2; OR
   (E) BE CERTIFIED BY THE EDUCATION COMMISSION FOR FOREIGN MEDICAL GRAD-
 UATES.
   3. NEW YORK STATE ACCREDITED RESIDENCY PROGRAMS MUST COMPLETE A  RESI-
 DENCY PROGRAM PARTICIPATION APPLICATION, AS DEVELOPED BY THE DEPARTMENT.
   4.  IN  ORDER  FOR A NEW YORK STATE ACCREDITED RESIDENCY PROGRAM TO BE
 APPROVED IT MUST BE EITHER A TEACHING HOSPITAL OR HAVE TEACHING HOSPITAL
 OVERSIGHT AND BE LICENSED BY THE DEPARTMENT.

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

                                                            LBD05677-01-1

 A. 3223                             2
 
   5. RESIDENCY POSITIONS FUNDED UNDER THIS PROGRAM SHALL BE  AWARDED  TO
 INTERESTED  HOSPITALS  ON  A COMPETITIVE BASIS PURSUANT TO A REQUEST FOR
 PROPOSAL OR REQUEST FOR APPLICATION PROCESS.
   6.  THE  DEPARTMENT  WILL  MATCH  PHYSICIAN  APPLICANTS  WITH APPROVED
 MEDICAL RESIDENCY PROGRAMS.
   7. UPON ACCEPTANCE TO AN APPROVED MEDICAL RESIDENCY PROGRAM THE PHYSI-
 CIAN APPLICANT MUST SIGN A CONTRACT WITH THE STATE WHEREBY THE PHYSICIAN
 APPLICANT AGREES TO WORK IN NEW YORK STATE IN  A  MEDICALLY  UNDERSERVED
 AREA  AT  THE  COMPLETION  OF HIS OR HER RESIDENCY FOR A MINIMUM OF FIVE
 YEARS.  THE LOCATION MUST BE APPROVED BY THE DEPARTMENT AND MUST  ACCEPT
 MEDICAID  AND MEDICARE.  THE PHYSICIAN APPLICANT SHALL BE RESPONSIBLE TO
 REPAY THE DEPARTMENT FOR THE COST OF THEIR RESIDENCY SHOULD THEY  EITHER
 FAIL  TO  COMPLETE  THE RESIDENCY OR THE SUBSEQUENT SERVICE REQUIREMENT.
 THE COMMISSIONER SHALL BE GIVEN THE POWER TO WAIVE OR MODIFY THE  REPAY-
 MENT REQUIREMENT IN CASES WHERE THERE IS A COMPELLING NEED OR HARDSHIP.
   §  2. The sum of five million dollars ($5,000,000), or so much thereof
 as may be necessary, is hereby appropriated to the department of  health
 from  any moneys in the state treasury in the general fund to the credit
 of the  state  purposes  account  not  otherwise  appropriated  for  the
 purposes  of  carrying out the provisions of this act. Such sum shall be
 payable on the audit and warrant of the state  comptroller  on  vouchers
 certified  or approved by the commissioner of health, or his duly desig-
 nated representative in the manner provided by law.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.