SB-0648, As Passed House, May 21, 2014

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 648

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 2701, 2705, and 2711 (MCL 333.2701, 333.2705,

 

and 333.2711), as added by 1990 PA 16.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2701. As used in this part:

 

     (a) "Board certified" means certified to practice in a

 

particular medical speciality by a national board recognized by the

 

American board of medical specialties or the American osteopathic

 

association.

 

     (b) "Certified nurse midwife" means an individual licensed as

 

a registered professional nurse under part 172 who has been issued

 

a specialty certification in the practice of nurse midwifery by the

 

board of nursing under section 17210.

 

     (c) "Certified nurse practitioner" means an individual

 

licensed as a registered professional nurse under part 172 who has

 

been issued a specialty certification as a nurse practitioner by

 

the board of nursing under section 17210.

 

     (d) "Dental school" means an accredited program for the

 

training of individuals to become dentists.

 

     (e) "Dentist" means an individual licensed to engage in the

 

practice of dentistry under part 166.

 

     (f) (d) "Designated nurse" means a certified nurse midwife or

 

certified nurse practitioner.

 

     (g) (e) "Designated physician" means a physician qualified in

 

1 of the physician specialty areas identified in section 2711.

 

     (h) (f) "Designated professional" means a designated

 

physician, designated nurse, dentist, or physician's assistant.

 

     (i) (g) "Health resource shortage area" means a geographic

 

area, population group, or health facility designated by the

 

department under section 2717.

 

     (j) (h) "Medicaid" means benefits under the program of medical

 

assistance established under title XIX of the social security act,

 

42 U.S.C. 1396 to 1396d, 1396f to 1396g, and 1396i to 1396s, 42 USC

 

1396 to 1396w-5, and administered by the department of social human

 

services under the social welfare act, Act No. 280 of the Public

 

Acts of 1939, being sections 400.1 to 400.121 of the Michigan

 

Compiled Laws.1939 PA 280, MCL 400.1 to 400.119b.

 

     (k) (i) "Medical school" means an accredited program for the

 

training of individuals to become physicians.

 

     (l) (j) "Medicare" means benefits under the federal medicare

 

program established under title XVIII of the social security act,

 

42 U.S.C. 1395 to 1395b, 1395b-2 to 1395i, 1395i-1a to 1395i-2,

 

1395j to 1395dd, 1395ff to 1395mm, and 1395oo to 1395ccc.42 USC

 

1395 to 1395kkk-1.

 

     (m) (k) "National health service corps" means the agency

 

established under section 331 of title III of the public health

 

service act, 42 U.S.C. USC 254d.

 

     (n) (l) "Nurse" means an individual licensed to engage in the

 

practice of nursing under part 172.

 

     (o) (m) "Nursing program" means an accredited program for the

 

training of individuals to become nurses.

 

     (p) (n) "Physician" means an individual licensed as a

 

physician under part 170 or an osteopathic physician under part

 

175.

 

     (q) (o) "Physician's assistant" means an individual licensed

 

as a physician's assistant under part 170 or part 175.

 

     (r) (p) "Physician's assistant program" means an accredited

 

program for the training of individuals to become physician's

 

assistants.

 

     (s) (q) "Service obligation" means the contractual obligation

 

undertaken by an individual under section 2705 or section 2707 to

 

provide health care services for a determinable time period at a

 

site designated by the department.

 

     Sec. 2705. (1) The department shall administer an essential

 

health provider repayment program for designated professionals who

 

have incurred a debt or expenses as a result of a loan taken to

 

attend a medical school, dental school, nursing program for the

 

training of certified nurse midwives or certified nurse

 

practitioners, or physician's assistant program or as a result of

 

providing services in a health resource shortage area. The

 

department may each year repay all or part of a designated

 

professional's debt or expenses, in an amount not to exceed the but

 

the amount repaid in any 1 year shall not exceed the amount set

 

forth described in subsection (3). for each year, up to a maximum

 

of 4 years. The department shall repay a debt or expenses only for

 

a designated professional who has entered into a written contract

 

with the department that requires the designated professional to

 

engage in the full-time practice of health care services in a

 

health resource shortage area to which he or she is assigned by the

 

department for a period equal in years to the number of years for

 

which the department has agreed in the contract to make a debt or

 

expense repayment, or for a period of 2 years, whichever is

 

greater.

 

     (2) A debt or expense repayment on behalf of a designated

 

professional under subsection (1) for fulfilling a service

 

obligation for a particular year shall be paid in a lump sum at the

 

completion of the service obligation for that year. A designated

 

professional who does not fulfill a service obligation for a

 

particular year forfeits his or her right to the debt or expense

 

repayment or any part of it for that year and the department may

 

treat an agreement for further debt or expense repayment in a

 

subsequent year as void. In its sole discretion, the department may

 

make a debt or expense repayment prior to or during each year of

 

service if there are extenuating circumstances. In its sole

 

discretion, the department may pay a pro rata amount of an agreed

 

debt or expense repayment to a designated professional or his or

 

her estate if 1 of the following occurs prior to the completion of

 

the designated professional's service obligation:

 

     (a) The designated professional dies.

 

     (b) The designated professional is unable, by reason of

 

permanent disability, to render the service.

 

     (c) Other circumstances prevail that are considered by the

 

department to constitute a compelling reason to consider the

 

service obligation fulfilled.

 

     (3) For the first In any year of the a debt or expense

 

repayment program, the maximum amount of a debt or expense

 

repayment is $25,000.00 $40,000.00 per year. In each succeeding

 

year after the first year, the maximum amount may be increased by

 

5%.The maximum amount of debt or expense repayment the department

 

may pay on behalf of a designated professional is $200,000.00, paid

 

over a period of 4 years or more. The amount the department shall

 

pay on behalf of a designated professional and the amount payable

 

for each year of service shall be included in the written contract

 

under subsection (1).

 

     (4) The department may accept funds from any source for the

 

operation of the essential health provider repayment program, and

 

shall distribute those funds in a manner consistent with this

 

section.

 

     (5) The department shall give the essential health provider

 

repayment program created by this section priority over the other

 

programs created under this part.

 

     Sec. 2711. (1) For the programs created in sections 2705 and

 

2707, the department shall only recruit physicians who are

 

qualified or students who are training to become qualified in 1 or

 

more of the following designated physician specialty areas:

 

     (a) Board certified, or eligible for board certification, in

 

general General practice.

 

     (b) Board certified, or eligible for board certification, in

 

family Family practice.

 

     (c) Board certified, or eligible for board certification, in

 

obstetrics.Obstetrics.

 

     (d) Board certified, or eligible for board certification, in

 

pediatrics.Pediatrics.

 

     (e) Board certified, or eligible for board certification, in

 

emergency Emergency medicine.

 

     (f) Board certified, or eligible for board certification, in

 

internal Internal medicine.

 

     (g) Board certified, or eligible for board certification, in

 

preventive Preventive medicine.

 

     (h) Board certified, or eligible for board certification, in

 

psychiatry.Psychiatry.

 

     (2) When enrolling individuals to participate in the programs

 

created in sections 2705 and 2707, the department may give

 

preference to an individual who is qualified or studying in 1 or

 

more of the specific designated physician specialty areas of

 

general practice, family practice, obstetrics, pediatrics, or

 

internal medicine over an individual qualified or studying in

 

another designated physician specialty area described in subsection

 

(1).

 

     (3) As used in this section, "qualified" means board certified

 

or eligible for board certification.