STATE OF NEW YORK
________________________________________________________________________
954
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
___________
Introduced by Sens. YOUNG, HELMING, KENNEDY, ORTT, RANZENHOFER, RITCHIE
-- read twice and ordered printed, and when printed to be committed 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:
1 Section 1. Paragraph (d) of subdivision 5-a of section 2807-m of the
2 public health law, as amended by section 6 of part H of chapter 57 of
3 the laws of 2017, is amended to read as follows:
4 (d) Physician and dentist loan repayment program. One million nine
5 hundred sixty thousand dollars for the period January first, two thou-
6 sand eight through December thirty-first, two thousand eight, one
7 million nine hundred sixty thousand dollars for the period January
8 first, two thousand nine through December thirty-first, two thousand
9 nine, one million nine hundred sixty thousand dollars for the period
10 January first, two thousand ten through December thirty-first, two thou-
11 sand ten, four hundred ninety thousand dollars for the period January
12 first, two thousand eleven through March thirty-first, two thousand
13 eleven, one million seven hundred thousand dollars each state fiscal
14 year for the period April first, two thousand eleven through March thir-
15 ty-first, two thousand fourteen, up to one million seven hundred five
16 thousand dollars each state fiscal year for the period April first, two
17 thousand fourteen through March thirty-first, two thousand seventeen,
18 and up to one million seven hundred five thousand dollars each state
19 fiscal year for the period April first, two thousand seventeen through
20 March thirty-first, two thousand twenty, shall be set aside and reserved
21 by the commissioner from the regional pools established pursuant to
22 subdivision two of this section and shall be available for purposes of
23 physician and dentist loan repayment in accordance with subdivision ten
24 of this section. Notwithstanding any contrary provision of this section,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04143-01-9
S. 954 2
1 sections one hundred twelve and one hundred sixty-three of the state
2 finance law, or any other contrary provision of law, such funding shall
3 be allocated regionally with one-third of available funds going to New
4 York city and two-thirds of available funds going to the rest of the
5 state and shall be distributed in a manner to be determined by the
6 commissioner without a competitive bid or request for proposal process
7 as follows:
8 (i) Funding shall first be awarded to repay loans of up to twenty-five
9 physicians who train in primary care or specialty tracks in teaching
10 general hospitals, and who enter and remain in primary care or specialty
11 practices in underserved communities, as determined by the commissioner.
12 (ii) After distributions in accordance with subparagraph (i) of this
13 paragraph, all remaining funds shall be awarded to repay loans of physi-
14 cians or dentists who enter and remain in primary care or specialty
15 practices in underserved communities, as determined by the commissioner,
16 including but not limited to physicians or dentists working in general
17 hospitals, or other health care facilities.
18 (iii) In no case shall less than fifty percent of the funds available
19 pursuant to this paragraph be distributed in accordance with subpara-
20 graphs (i) and (ii) of this paragraph to physicians or dentists identi-
21 fied by general hospitals.
22 (iv) In addition to the funds allocated under this paragraph, for the
23 period April first, two thousand fifteen through March thirty-first, two
24 thousand sixteen, two million dollars shall be available for the
25 purposes described in subdivision ten of this section;
26 (v) In addition to the funds allocated under this paragraph, for the
27 period April first, two thousand sixteen through March thirty-first, two
28 thousand seventeen, two million dollars shall be available for the
29 purposes described in subdivision ten of this section;
30 (vi) Notwithstanding any provision of law to the contrary, and subject
31 to the extension of the Health Care Reform Act of 1996, sufficient funds
32 shall be available for the purposes described in subdivision ten of this
33 section in amounts necessary to fund the remaining year commitments for
34 awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
35 § 2. Paragraph (e) of subdivision 5-a of section 2807-m of the public
36 health law, as amended by section 6 of part H of chapter 57 of the laws
37 of 2017, is amended to read as follows:
38 (e) Physician and dentist practice support. Four million nine hundred
39 thousand dollars for the period January first, two thousand eight
40 through December thirty-first, two thousand eight, four million nine
41 hundred thousand dollars annually for the period January first, two
42 thousand nine through December thirty-first, two thousand ten, one
43 million two hundred twenty-five thousand dollars for the period January
44 first, two thousand eleven through March thirty-first, two thousand
45 eleven, four million three hundred thousand dollars each state fiscal
46 year for the period April first, two thousand eleven through March thir-
47 ty-first, two thousand fourteen, up to four million three hundred sixty
48 thousand dollars each state fiscal year for the period April first, two
49 thousand fourteen through March thirty-first, two thousand seventeen,
50 and up to four million three hundred sixty thousand dollars for each
51 state fiscal year for the period April first, two thousand seventeen
52 through March thirty-first, two thousand twenty, shall be set aside and
53 reserved by the commissioner from the regional pools established pursu-
54 ant to subdivision two of this section and shall be available for
55 purposes of physician and dentist practice support. Notwithstanding any
56 contrary provision of this section, sections one hundred twelve and one
S. 954 3
1 hundred sixty-three of the state finance law, or any other contrary
2 provision of law, such funding shall be allocated regionally with one-
3 third of available funds going to New York city and two-thirds of avail-
4 able funds going to the rest of the state and shall be distributed in a
5 manner to be determined by the commissioner without a competitive bid or
6 request for proposal process as follows:
7 (i) Preference in funding shall first be accorded to teaching general
8 hospitals for up to twenty-five awards, to support costs incurred by
9 physicians or dentists trained in primary or specialty tracks who there-
10 after establish or join practices in underserved communities, as deter-
11 mined by the commissioner.
12 (ii) After distributions in accordance with subparagraph (i) of this
13 paragraph, all remaining funds shall be awarded to physicians or
14 dentists to support the cost of establishing or joining practices in
15 underserved communities, as determined by the commissioner, and to
16 hospitals and other health care providers to recruit new physicians or
17 dentists to provide services in underserved communities, as determined
18 by the commissioner.
19 (iii) In no case shall less than fifty percent of the funds available
20 pursuant to this paragraph be distributed to general hospitals in
21 accordance with subparagraphs (i) and (ii) of this paragraph.
22 § 3. Subdivision 10 of section 2807-m of the public health law, as
23 added by section 75-e of part C of chapter 58 of the laws of 2008, para-
24 graphs (a) and (c) as amended by section 13 of part B of chapter 58 of
25 the laws of 2010, is amended to read as follows:
26 10. Physician and dentist loan repayment program. (a) Beginning Janu-
27 ary first, two thousand eight, the commissioner is authorized, within
28 amounts available pursuant to subdivision five-a of this section, to
29 make loan repayment awards to primary care physicians and dentists or
30 other physician and dentist specialties determined by the commissioner
31 to be in short supply, licensed to practice medicine or dentistry in New
32 York state, who agree to practice for at least five years in an under-
33 served area, as determined by the commissioner. Such physician or
34 dentist shall be eligible for a loan repayment award of up to one
35 hundred fifty thousand dollars over a five year period distributed as
36 follows: fifteen percent of total loan debt not to exceed twenty thou-
37 sand dollars for the first year; fifteen percent of total loan debt not
38 to exceed twenty-five thousand dollars for the second year; twenty
39 percent of total loan debt not to exceed thirty-five thousand dollars
40 for the third year; and twenty-five percent of total loan debt not to
41 exceed thirty-five thousand dollars per year for the fourth year; and
42 any unpaid balance of the total loan debt not to exceed the maximum
43 award amount for the fifth year of practice in such area.
44 (b) Loan repayment awards made to a physician or dentist pursuant to
45 paragraph (a) of this subdivision shall not exceed the total qualifying
46 outstanding debt of the physician or dentist from student loans to cover
47 tuition and other related educational expenses, made by or guaranteed by
48 the federal or state government, or made by a lending or educational
49 institution approved under title IV of the federal higher education act.
50 Loan repayment awards shall be used solely to repay such outstanding
51 debt.
52 (c) In the event that a five-year commitment pursuant to the agreement
53 referenced in paragraph (a) of this subdivision is not fulfilled, the
54 recipient shall be responsible for repayment in amounts which shall be
55 calculated in accordance with the formula set forth in subdivision (b)
S. 954 4
1 of section two hundred fifty-four-o of title forty-two of the United
2 States Code, as amended.
3 (d) The commissioner is authorized to apply any funds available for
4 purposes of paragraph (a) of this subdivision for use as matching funds
5 for federal grants for the purpose of assisting states in operating loan
6 repayment programs pursuant to section three hundred thirty-eight I of
7 the public health service act.
8 (e) The commissioner may postpone, change or waive the service obli-
9 gation and repayment amounts set forth in paragraphs (a) and (c),
10 respectively of this subdivision in individual circumstances where there
11 is compelling need or hardship.
12 (f)(i) When a physician or dentist is not actually practicing in an
13 underserved area, he or she shall be deemed to be practicing in an
14 underserved area if he or she practices in a facility or physician's or
15 dentist's office that primarily serves an underserved population as
16 determined by the commissioner, without regard to whether the population
17 or the facility or physician's or dentist's office is located in an
18 underserved area.
19 (ii) In making criteria and determinations as to whether an area is an
20 underserved area or whether a facility or physician's or dentist's
21 office primarily serves an underserved population, the commissioner may
22 make separate criteria and determinations for different specialties.
23 § 4. This act shall take effect immediately.