Bill Text: PA HB890 | 2009-2010 | Regular Session | Introduced

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Bill Title: Establishing a nursing and nursing educator loan forgiveness and scholarship program.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-03-12 - Referred to EDUCATION [HB890 Detail]

Download: Pennsylvania-2009-HB890-Introduced.html

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PRINTER'S NO. 1009
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 890 Session of2009
INTRODUCED BY BAKER, REICHLEY, CUTLER, WATSON, BARRAR, BELFANTI, BRENNAN, BRIGGS, CALTAGIRONE, CAUSER, DONATUCCI, FAIRCHILD, FLECK, GEIST, GINGRICH, GROVE, HARHAI, HARKINS, HENNESSEY, HUTCHINSON, KAUFFMAN, M. KELLER, KORTZ, KULA, LONGIETTI, MILLARD, OBERLANDER, M. O'BRIEN, PASHINSKI, PETRARCA, PICKETT, QUINN, REED, SANTONI, SCAVELLO, STERN, TRUE, VULAKOVICH, J. TAYLOR, CREIGHTON, RAPP AND MELIO, MARCH 12, 2009
REFERRED TO COMMITTEE ON EDUCATION, MARCH 12, 2009
AN ACT
Establishing a nursing and nursing educator loan forgiveness and
scholarship program.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Purpose.
Section 103. Definitions.
Chapter 3. Pennsylvania Nurse and Nursing Educator Loan
Forgiveness Program
Section 301. Establishment.
Section 302. Repayment assistance.
Section 303. Eligibility.
Section 304. Amount of loan forgiveness.
Section 305. Administration.
Chapter 5. Scholarship Program
Section 501. Pennsylvania Nurse and Nursing Education
Scholarship Program.
Section 502. Nursing Postbaccalaureate Degree Scholarship.
Section 503. Nursing Baccalaureate Degree Scholarship.
Section 504. Nursing Program Scholarship.
Section 505. Administration.
Chapter 49. Miscellaneous Provisions
Section 4901. Annual report.
Section 4902. Minimum nursing data set.
Section 4903. Appeals.
Section 4904. Regulations.
Section 4905. Funding.
Section 4906. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Nursing and
Nursing Educator Loan Forgiveness and Scholarship Act.
Section 102. Purpose.
The purpose of this act is to provide an incentive to
Pennsylvania students to pursue higher education and training in
nursing and nursing education which are essential to the
delivery of quality health care services in this Commonwealth.
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." The Pennsylvania Higher Education Assistance
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Agency.
"Approved course of study." A program or curriculum offered
by an approved educational institution that provides instruction
in nursing and has been approved by the State Board of Nursing.
"Approved educational institution." A postsecondary
educational institution located in this Commonwealth that is
authorized to provide approved courses of study and diplomas or
certificates approved by the Pennsylvania Higher Education
Assistance Agency as an institution in which students may enroll
to participate in the Pennsylvania Nurse and Nursing Education
Scholarship Program.
"Board." The State Board of Nursing.
"Licensed health care facility." A health care facility that
is enrolled in the Commonwealth's medical assistance program and
is licensed pursuant to the act of July 19, 1979 (P.L.130,
No.48), known as the Health Care Facilities Act, or Article X of
the act of June 13, 1967 (P.L.31, No.21), known as the Public
Welfare Code.
"Licensed practical nurse." An individual licensed under the
laws of this Commonwealth to practice practical nursing.
"Nurse." A licensed practical or registered nurse.
"Nursing educator." An individual eligible under the laws of
this Commonwealth to serve as a nurse faculty member.
"Registered nurse." An individual licensed under the laws of
this Commonwealth to practice professional nursing.
"Student." An individual domiciled in this Commonwealth who
attends or is about to attend a postsecondary educational
institution located in this Commonwealth.
"Work requirement." Postgraduate, full-time employment in
this Commonwealth either in direct patient care with a licensed
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health care facility in an occupation related to an approved
course of study under this act or as a nursing educator in an
approved educational institution. The term does not include a
paid student internship, a paid fellowship, volunteer service or
employment before graduation.
CHAPTER 3
PENNSYLVANIA NURSE AND NURSING EDUCATOR
LOAN FORGIVENESS PROGRAM
Section 301. Establishment.
There is hereby established in this Commonwealth the
Pennsylvania Nurse and Nursing Educator Loan Forgiveness
Program. The Pennsylvania Nurse and Nursing Educator Loan
Forgiveness Program shall be for repayment of student loans for
nurses providing direct patient care in licensed health care
facilities and nursing educators and shall be administered by
the agency.
Section 302. Repayment assistance.
The agency may provide assistance for the repayment of an
agency-administered student loan for education at an institution
of higher learning received by a nurse or nursing educator.
Repayment assistance may not be made for a loan that is in
default at the time of the application or for an agency-
administered loan being repaid through any other loan repayment
assistance program. Repayment shall be made by the agency to the
lending institution on behalf of the loan recipient.
Section 303. Eligibility.
Consideration for loan repayment assistance shall be as
follows:
(1) The applicant must be an individual who:
(i) has completed an approved course of study;
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(ii) has been licensed by the board as a licensed
practical nurse or a registered nurse;
(iii) is employed full time as a nurse in the
provision of direct patient care in a licensed health
care facility or nursing educator in an approved
educational institution; and
(iv) is a resident of this Commonwealth.
(2) An applicant who is qualified under paragraph (1)
must agree to practice in a licensed health care facility as
a nurse or in an approved educational institution as a
nursing educator for not less than three years.
Section 304. Amount of loan forgiveness.
(a) Licensed practical nurse.--A licensed practical nurse
who is eligible under section 303 shall be eligible to receive
up to $3,000 in loan repayments based on the following repayment
schedule:
(1) Year one, 30%.
(2) Year two, 35%.
(3) Year three, 35%.
(b) Registered nurse.--A registered nurse who is eligible
under section 303 shall be eligible to receive up to $20,000 in
loan repayments based on the following repayment schedule:
(1) Year one, 25%.
(2) Year two, 25%.
(3) Year three, 25%.
(4) Year four, 25%.
(c) Nursing educator.--A nursing educator who is eligible
under section 303 shall be eligible to receive up to $30,000 in
loan repayments based on the following repayment schedule:
(1) Year one, 25%.
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(2) Year two, 25%.
(3) Year three, 25%.
(4) Year four, 25%.
Section 305. Administration.
(a) Contracts.--A recipient of loan repayment assistance
shall enter into a contract with the agency which shall be
considered a contract with the Commonwealth. The contract shall
include, but not be limited to, the following terms and
conditions:
(1) The applicant shall agree to practice not less than
three full years in a licensed health care facility or
approved educational institution at a repayment assistance
schedule as provided in section 304.
(2) The applicant shall agree to practice on a full-time
basis.
(3) The nurse or nursing educator shall permit the
agency to monitor compliance with the work requirement.
(4) The agency shall certify compliance with the terms
of the contract for purposes of receipt by the nurse or
nursing educator of loan repayment awards for years
subsequent to the initial year of the loan.
(5) The contract shall be renewable on an annual basis
upon certification by the agency that the nurse or nursing
educator has complied with the terms of the contract.
(6) Upon the recipient's death or total or permanent
disability, the agency shall nullify the work requirement of
the recipient.
(7) If the board has determined that the recipient has
committed an act of gross negligence or has suspended or
revoked the license to practice, the agency shall have the
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authority to terminate the recipient's service in the program
and demand repayment of the assistance rendered to date.
(8) Loan recipients who fail to begin or complete the
obligations contracted for shall reimburse to the
Commonwealth all amounts received under this chapter and
interest thereon as determined by the agency. Falsification
or misrepresentation on an application or in verification of
service shall be construed to be a default. Determination as
to the time of breach of contract shall be made by the
agency. Both the recipient and the agency shall make every
effort to resolve conflicts in order to prevent a breach of
contract.
(b) Contract enforcement.--The agency shall have the
authority to seek garnishment of wages for the collection of
damages provided for in subsection (a)(8).
(c) Ineligibility.--The agency may deny loan forgiveness to
a student who is convicted under section 8.2 of the act of
January 25, 1966 (1965 P.L.1546, No.541), referred to as the
Higher Education Scholarship Law.
(d) Fraud.--Any person who knowingly or intentionally
procures, obtains or aids another to procure or obtain loan
forgiveness under this chapter through fraudulent means shall be
disqualified from participation and shall be liable to the
agency for an amount equal to three times the amount obtained.
(e) Verification.--The agency shall monitor and verify a
student's fulfillment of all requirements under this chapter.
(f) Tax.--Loan forgiveness repayments received by a student
shall not be considered taxable income for purposes of Article
III of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
Reform Code of 1971.
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CHAPTER 5
SCHOLARSHIP PROGRAM
Section 501. Pennsylvania Nurse and Nursing Education
Scholarship Program.
(a) Establishment.--There is hereby established the
Pennsylvania Nurse and Nursing Education Scholarship Program
within the agency, to consist of the Nursing Postbaccalaureate
Degree Scholarship, the Nursing Baccalaureate Degree Scholarship
and the Nursing Program Scholarship.
(b) Issuance of grants.--The agency may provide scholarship
grants to an eligible student who is a resident of this
Commonwealth upon confirmation from an approved educational
institution that the student is enrolled in an approved course
of study. Scholarship grants shall only be for the amount set
forth in sections 502(a), 503(a) and 504(a) and shall only be
used for educational costs as determined by the agency.
(c) Other funding.--Prior to making a grant under this act,
the agency shall first apply Federal Pell Grant and State grants
available for educational costs related to an approved program
prior to determining the amount of the scholarship grant.
(d) Eligibility.--To receive a scholarship grant under this
chapter, a student shall meet all of the following requirements:
(1) Graduation from a high school in this Commonwealth,
or earned general educational development (GED) diploma or
the equivalent thereof.
(2) Maintenance of domicile in Pennsylvania during the
term of the scholarship grants.
(3) Compliance with any conditions placed on the
scholarship grant by the agency.
(4) Maintenance of satisfactory progress as established
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by the approved educational institution's written policies.
(5) Entrance into a written agreement with the agency
to:
(i) Complete an approved course of study.
(ii) Commence employment involving direct patient
care with a licensed health care facility or in an
approved educational institution in this Commonwealth
within one year after completion of an approved course of
study for a period of one year for each academic year the
student received a scholarship grant under this chapter
unless the agency determines that there are extenuating
circumstances.
(iii) Reimburse the Commonwealth all amounts
received under this chapter and interest thereon, as
determined by the agency, if the student fails to comply
with subparagraphs (i) and (ii).
(e) Application.--A student shall apply to the agency for a
scholarship grant as prescribed by the agency, to include the
provision of all information and documentation required by the
agency. The application of a student under 18 years of age shall
include the signature of a parent or guardian.
(f) Work requirement.--The work requirement under subsection
(d)(5)(ii) shall begin after completion of the approved course
of study.
(g) Termination.--If a student terminates enrollment in the
approved educational institution during the academic year or
prior to completion of the approved course of study, the
approved educational institution shall notify the agency in
writing and shall return all unused portions of the scholarship
grant. Returned amounts shall be used to fund other scholarship
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grants under this chapter.
(h) Transfer.--A scholarship under this chapter is only
transferrable to another educational institution if approved by
the agency.
(i) Limitation.--Grants awarded under the Pennsylvania Nurse
and Nursing Education Scholarship Program shall be limited to
funds appropriated for that purpose. First priority for awarding
grants shall be given to renewal applicants. Thereafter, grants
shall be awarded on a first-come, first-served basis.
(j) Minors.--A person under 18 years of age who otherwise
qualifies for scholarship grants under this section shall not be
disqualified based upon age.
(k) Ineligibility.--The agency may deny a scholarship grant
to a student who is convicted under section 8.2 of the act of
January 25, 1966 (1965 P.L.1546, No.541), referred to as the
Higher Education Scholarship Law.
(l) Fraud.--Any person who knowingly or intentionally
procures, obtains or aids another to procure or obtain a grant
under this chapter through fraudulent means shall be
disqualified from participation in the Pennsylvania Nurse and
Nursing Education Scholarship Program and shall be liable to the
agency for an amount equal to three times the amount obtained.
Section 502. Nursing Postbaccalaureate Degree Scholarship.
(a) Amount of grants.--The agency shall award a Nursing
Postbaccalaureate Degree Scholarship in the amount of $6,000 per
academic year or a lesser amount following application of
Federal and State grants under section 501(c) to a student
enrolled full time in an approved educational institution
pursuing a master's degree in nursing education. The student
shall take at least 12 semester hours, or its equivalent, in an
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approved course of study.
(b) Term of grant.--The grant shall be for a maximum of two
academic years.
Section 503. Nursing Baccalaureate Degree Scholarship.
(a) Amount of grants.--The agency shall award a Nursing
Baccalaureate Degree Scholarship in the amount of $3,000 per
academic year, or a lesser amount following application of
Federal and State grants under section 501(c) to a student
enrolled full time in an approved educational institution
pursuing a bachelor's degree in nursing or nursing education.
The student shall take at least 12 semester hours, or its
equivalent, in an approved course of study.
(b) Term of grant.--The grant shall be for a maximum of four
academic years.
Section 504. Nursing Program Scholarship.
(a) Amount of grants.--The agency shall award a Nursing
Program Scholarship in the amount of $1,500 per academic year or
a lesser amount following application of Federal or State grants
under section 501(c) to a student enrolled full time in an
approved educational institution pursuing an associate's degree,
diploma or certificate. A student who is enrolled part time and
is pursuing an associate's degree, diploma or certificate is
eligible for a grant of 50% of educational costs as determined
by the agency.
(b) Term of grant.--The grant shall be for a maximum of two
academic years or for up to three academic years if the student
is enrolled in an approved course of study that, according to
the board, requires three academic years to complete. In order
to qualify for a grant in a third academic year, the student
must be in compliance with section 501(d) and the institution
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must determine that the student is making satisfactory progress
toward completing an associate's degree or the requirements of
the diploma or certificate program.
Section 505. Administration.
(a) Verification.--The agency shall monitor and verify a
student's fulfillment of all work requirements under this
chapter.
(b) Enforcement.--The agency shall enforce repayment of all
scholarship grants for a student who does not comply with the
provisions of this chapter, to include use of all lawful
collection procedures and the use of private collection
agencies.
(c) Tax.--Scholarship grants received by a student under
this chapter shall not be considered taxable income for purposes
of Article III of the act of March 4, 1971 (P.L.6, No.2), known
as the Tax Reform Code of 1971.
(d) Financial assistance.--Scholarship grants received by a
student under this chapter shall not be considered financial
assistance or appropriations to the approved educational
institution.
(e) Customized job training.--No funds under this chapter
shall be granted to a person enrolled in a customized job
training partnership program or continuing education course from
a postsecondary educational institution for which an employer is
providing over 50% of the financial support, directly or
indirectly, and for which the student is not being charged
tuition or fees.
CHAPTER 49
MISCELLANEOUS PROVISIONS
Section 4901. Annual report.
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(a) Development of report.--The agency shall publish a
report on the date exactly one year following the effective date
of this act, and every year thereafter for the immediately
preceding fiscal year. The report shall include information
regarding the operation of the programs established under this
act, including:
(1) The number of applications received for the Nursing
Postbaccalaureate Degree Scholarship, the Nursing
Baccalaureate Degree Scholarship, the Nursing Program
Scholarship and the Pennsylvania Nurse and Nursing Educator
Loan Forgiveness Program.
(2) The number, type and amount of Nursing
Postbaccalaureate Degree Scholarships, Nursing Baccalaureate
Degree Scholarships and Nursing Program Scholarships awarded.
(3) The number and amount of nursing and nursing
educator loan forgiveness contracts executed and contracts
renewed for licensed practical nurses, registered nurses and
nursing educators.
(4) The number of scholarship grantees who withdraw from
the scholarship programs, reported by cause.
(5) The number of defaulted loan forgiveness program
contracts, reported by cause.
(6) The number of full-time and part-time students
receiving scholarships, reported by type of institution
attending, including four-year educational institutions,
community colleges, independent two-year colleges, private
licensed schools, hospital-based courses of study and
certificate programs.
(7) The number of nurses and nursing educators
participating in the loan forgiveness program, reported by
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type of institution attended, including four-year educational
institutions, community colleges, independent two-year
colleges, private licensed schools, hospital-based courses of
study and certificate programs.
(8) The number and type of enforcement actions taken by
the agency.
(b) Submission.--The annual report shall be submitted to the
Governor, the chairman and minority chairman of the
Appropriations Committee of the Senate, the chairman and
minority chairman of the Appropriations Committee of the House
of Representatives, the chairman and minority chairman of the
Education Committee of the Senate, the chairman and minority
chairman of the Public Health and Welfare Committee of the
Senate and the chairman and minority chairman of the Health and
Human Services Committee of the House of Representatives.
Section 4902. Minimum nursing data set.
(a) Duty of State Board of Nursing.--It shall be the duty of
the State Board of Nursing to collect, store and make available
nursing work force information regarding all of the categories
of nurses and nursing educators.
(b) Information.--The information to be collected as part of
the routine licensure renewal process on nurses and nursing
educators shall include, but not be limited to:
(1) Demographics, including:
(i) Year of birth.
(ii) Ethnicity: Hispanic/Latino; Native Americans;
Alaska Native; Asian; Pacific Islander; African American,
not of Hispanic origin; White, not of Hispanic origin.
(iii) Zip code of residence.
(2) Basic education, including:
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(i) Program type: LPN, hospital-based, ADN, BSN and
MS.
(ii) Year graduated.
(iii) State in which basic program is located.
(3) Highest education attained, including:
(i) Program type: LPH, hospital-based, AA/AND,
BS/BSN, MS/MSN and PhD/EdD.
(ii) Year graduated.
(iii) Preparation as advanced nurse practitioner,
nurse practitioner, nurse-midwife, clinical nurse
specialist and nurse anesthetist.
(4) Employment, including:
(i) Current employment.
(ii) Number of hours worked in typical week.
(iii) Setting of primary employer: hospital, long-
term care, ambulatory care, physician office, public
health, home health care, approved educational
institution or other.
(iv) Setting of secondary employer: hospital, long-
term care, ambulatory care, physician office, public
health care, home health care, approved educational
institution or other.
(v) Type of position: staff nurse, educator,
management, utilization/case management, advanced
practice or other.
(vi) Zip code of primary employer.
(vii) Whether currently unemployed in nursing or
nursing education; a full-time or part-time student;
seeking nursing or nursing education employment; seeking
employment in another health-related field; seeking
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employment in another field; employed in another health-
related field; employed in another field; not seeking
nursing or nursing education employment; not seeking
employment or retired.
(viii) Intention to remain employed in nursing, one
to three years; three to five years; five to ten years;
or greater than ten years.
(5) Licensure, including:
(i) State issuing first license.
(ii) Year first license issued.
(iii) States where current licensure is held.
(iv) Name under which license issued or number of
license for each state in which nurse is licensed.
(c) Duty of Department of Labor and Industry.--It shall be
the duty of the Department of Labor and Industry, through its
Center for Workforce Information and Analysis, to regularly
analyze and publish the information collected by the board in
combination with information obtained from employers to better
understand the supply and demand for nurses and nursing
educators in this Commonwealth and to assist in work force
planning and development.
Section 4903. Appeals.
The provisions of this act shall be subject to 22 Pa. Code
Ch. 121 (relating to student financial aid).
Section 4904. Regulations.
The agency shall adopt regulations and procedures necessary
to carry out the purposes of this act.
Section 4905. Funding.
Loan forgiveness repayments and scholarship awards shall be
made to the extent that funds are appropriated by the General
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Assembly for this act.
Section 4906. Effective date.
This act shall take effect in 90 days.
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