SENATE AMENDED
PRIOR PRINTER'S NOS. 1935, 2796, 4243 PRINTER'S NO. 4496
No. 1530 Session of 2003
INTRODUCED BY PETRONE, LEDERER, DeWEESE, HENNESSEY, BELARDI,
BELFANTI, LESCOVITZ, DALEY, BISHOP, GORDNER, LAUGHLIN, KOTIK,
CORRIGAN, GOODMAN, BEBKO-JONES, YUDICHAK, LEVDANSKY, CASORIO,
HARPER, TANGRETTI, BROWNE, HARHAI, PALLONE, LEACH, SAINATO,
McILHATTAN, WALKO, WATSON, GODSHALL, SOLOBAY, EACHUS,
CAPPELLI, READSHAW, GERGELY, BUNT, MARKOSEK, WATERS, RUBLEY,
MANN, HUTCHINSON, PISTELLA, HORSEY, KIRKLAND, PETRARCA,
FREEMAN, STETLER, FRANKEL, DIVEN, WHEATLEY, MELIO, JOSEPHS,
MANDERINO, O'NEILL, JAMES, THOMAS, GRUCELA, CAUSER, SURRA,
CALTAGIRONE, WILT, TURZAI, MUSTIO AND DALLY, JUNE 4, 2003
SENATOR RHOADES, EDUCATION, IN SENATE, AS AMENDED,
OCTOBER 6, 2004
AN ACT
1 Providing for Commonwealth support for a Mental Health and <--
2 Mental Retardation Staff Member Loan Forgiveness Program for
3 Commonwealth residents who graduate from institutions of
4 higher education and who apply their degrees to careers as
5 mental health and mental retardation staff members in this
6 Commonwealth.
7 PROVIDING FOR COMMONWEALTH SUPPORT FOR A MENTAL HEALTH AND <--
8 MENTAL RETARDATION STAFF MEMBER LOAN FORGIVENESS PROGRAM AND
9 AN ALCOHOL AND DRUG ADDICTION COUNSELOR LOAN FORGIVENESS
10 PROGRAM FOR COMMONWEALTH RESIDENTS WHO GRADUATE FROM
11 INSTITUTIONS OF HIGHER EDUCATION AND WHO APPLY THEIR DEGREES
12 TO CAREERS AS MENTAL HEALTH AND MENTAL RETARDATION STAFF
13 MEMBERS IN THIS COMMONWEALTH.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Short title. <--
17 This act shall be known and may be cited as the Mental Health
18 and Mental Retardation Staff Member Loan Forgiveness Program
1 Act.
2 Section 2. Findings and declaration of purpose.
3 The General Assembly finds and declares that:
4 (1) Community-based mental health and mental retardation
5 services and supports offer lifelong supports and
6 opportunities for a meaningful quality of life, in
7 fulfillment of Federal and State laws.
8 (2) A qualified and stable work force is the key to
9 quality community mental health and mental retardation
10 services.
11 (3) The pool of qualified staff members has diminished.
12 (4) The number of college students planning to enter the
13 mental health and mental retardation profession appears to be
14 inadequate to meet the need for staff members in this
15 Commonwealth.
16 (5) Demand from industry and other opportunities attract
17 potential staff members away from the profession.
18 (6) Payment of a portion of student loans for mental
19 health and mental retardation staff members serves the
20 important public purpose of encouraging new staff members to
21 continue their careers in this Commonwealth.
22 Section 3. Definitions.
23 The following words and phrases when used in this act shall
24 have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Agency." The Pennsylvania Higher Education Assistance
27 Agency.
28 "Qualified applicant." A person who meets all of the
29 following criteria:
30 (1) Is a resident of this Commonwealth.
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1 (2) Has successfully completed a two-year or four-year
2 academic degree or diploma at an accredited college or
3 university.
4 (3) Has been hired as a full-time staff member by a
5 county mental health or mental retardation service agency
6 within this Commonwealth through a merit or civil service
7 system approved by the Secretary of Public Welfare or by a
8 private provider that is under contract with either a county
9 to provide mental health or mental retardation services or
10 the Department of Public Welfare to provide behavioral health
11 rehabilitation services to individuals with developmental
12 disabilities.
13 (4) Has successfully completed both county and civil
14 service probationary periods or, in the case of a contracted
15 private provider, has successfully completed the provider's
16 established probationary period.
17 (5) Performs staff duties at a county mental health or
18 mental retardation service agency within this Commonwealth or
19 at a private provider within this Commonwealth that is under
20 contract with either a county to provide mental health or
21 mental retardation services or the Department of Public
22 Welfare to provide behavioral health rehabilitation services
23 to individuals with developmental disabilities.
24 (6) Has borrowed through and has a current outstanding
25 balance with the agency-administered Guaranteed Stafford or
26 Consolidation Loan Programs.
27 (7) Has completed the first year of full-time employment
28 as a staff member.
29 "Staff member." A caseworker, direct support professional,
30 therapist, program coordinator or director.
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1 Section 4. Mental Health and Mental Retardation Staff Member
2 Loan Forgiveness Program.
3 (a) Components.--
4 (1) A qualified applicant who is selected for the Mental
5 Health and Mental Retardation Staff Member Loan Forgiveness
6 Program in accordance with this act shall be eligible for
7 payment by the agency of a portion of the debt incurred by
8 the applicant through an agency-administered Guaranteed
9 Stafford or Consolidation Loan Programs for the education
10 necessary to be a mental health or mental retardation staff
11 member in this Commonwealth.
12 (2) The agency may forgive a proportional part of the
13 applicant's loan so that the loan may be entirely forgiven
14 over four years of full-time staff work. No more than $5,000
15 shall be forgiven in any year, and no more than $20,000 shall
16 be forgiven for any applicant.
17 (3) Payments shall be made in accordance with the
18 procedures established by the agency.
19 (b) Limitations.--A loan forgiveness award shall not be made
20 for a loan that is in default at the time of the application.
21 Loan forgiveness provided under the provisions of this act shall
22 not be awarded to a recipient of another Commonwealth-provided
23 loan forgiveness program concurrently.
24 Section 5. Loan forgiveness awards.
25 Recipients of the loan forgiveness awards shall be those
26 mental health and mental retardation staff members who are
27 working in and who have received a satisfactory rating from
28 either a county office of mental health or mental retardation
29 service within this Commonwealth or a private provider within
30 this Commonwealth under contract to either a county or the
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1 Department of Public Welfare. Mental health or mental
2 retardation staff members shall be required to submit such
3 documentation of continued eligibility as the agency may
4 require. This documentation shall be presented to the agency in
5 the form of a letter from the applicant's employer stating that
6 the applicant is employed by the mental health or mental
7 retardation service provider and that the applicant performs the
8 applicant's duties in a satisfactory manner.
9 Section 6. Funding.
10 Loan forgiveness awards may be made to the extent that funds
11 are appropriated by the General Assembly and are sufficient to
12 cover the administration of the program. In the event that
13 funding is insufficient to fully fund administration and all
14 eligible applicants, the agency shall utilize a random lottery
15 system for determining which applicants receive loan forgiveness
16 awards.
17 Section 7. Responsibility of agency.
18 The agency shall administer the Mental Health and Mental
19 Retardation Staff Member Loan Forgiveness Program established by
20 this act and to adopt such regulations, policies, procedures and
21 forms as are necessary and not inconsistent with the provisions
22 of this act.
23 Section 8. Effective date.
24 This act shall take effect in 60 days.
25 SECTION 1. SHORT TITLE. <--
26 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE MENTAL HEALTH
27 AND MENTAL RETARDATION STAFF MEMBER AND ALCOHOL AND DRUG
28 ADDICTION COUNSELOR LOAN FORGIVENESS PROGRAMS ACT.
29 SECTION 2. FINDINGS AND DECLARATION OF PURPOSE.
30 THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
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1 (1) COMMUNITY-BASED MENTAL HEALTH, MENTAL RETARDATION
2 AND ALCOHOL AND DRUG ADDICTION TREATMENT SERVICES OFFER
3 LIFELONG SUPPORTS AND OPPORTUNITIES FOR A MEANINGFUL QUALITY
4 OF LIFE, IN FULFILLMENT OF FEDERAL AND STATE LAWS.
5 (2) TREATMENT OF ALCOHOL AND OTHER DRUG ADDICTION IS A
6 CRUCIAL INVESTMENT IN OUR HEALTH CARE, IN THE STABILITY OF
7 OUR FAMILIES AND IN PROTECTING THE PUBLIC SAFETY.
8 (3) A QUALIFIED AND STABLE WORK FORCE IS THE KEY TO
9 QUALITY COMMUNITY MENTAL HEALTH AND MENTAL RETARDATION
10 SERVICES AND TO QUALITY ALCOHOL AND DRUG ADDICTION COUNSELING
11 SERVICES.
12 (4) THE POOL OF QUALIFIED STAFF MEMBERS HAS DIMINISHED.
13 (5) THE NUMBER OF COLLEGE STUDENTS PLANNING TO ENTER THE
14 MENTAL HEALTH AND MENTAL RETARDATION OR THE ALCOHOL AND DRUG
15 ADDICTION COUNSELING PROFESSIONS APPEARS TO BE INADEQUATE TO
16 MEET THE NEED FOR STAFF MEMBERS IN THIS COMMONWEALTH.
17 (6) DEMAND FROM INDUSTRY AND OTHER OPPORTUNITIES ATTRACT
18 POTENTIAL STAFF MEMBERS AWAY FROM THESE PROFESSIONS.
19 (7) PAYMENT OF A PORTION OF STUDENT LOANS FOR MENTAL
20 HEALTH AND MENTAL RETARDATION STAFF MEMBERS OR ALCOHOL AND
21 DRUG ADDICTION COUNSELORS SERVES THE IMPORTANT PUBLIC PURPOSE
22 OF ENCOURAGING NEW STAFF MEMBERS TO PURSUE CAREERS IN THIS
23 COMMONWEALTH.
24 SECTION 3. DEFINITIONS.
25 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
26 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
27 CONTEXT CLEARLY INDICATES OTHERWISE:
28 "AGENCY." THE PENNSYLVANIA HIGHER EDUCATION ASSISTANCE
29 AGENCY.
30 "COUNSELOR." A COUNSELOR ASSISTANT, COUNSELOR OR CLINICAL
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1 SUPERVISOR.
2 "LICENSED ALCOHOL AND DRUG ADDICTION TREATMENT FACILITY." AN
3 ALCOHOL OR DRUG ADDICTION TREATMENT FACILITY LICENSED BY THE
4 DEPARTMENT OF HEALTH TO PROVIDE ADDICTION TREATMENT SERVICES.
5 "QUALIFIED ALCOHOL AND DRUG ADDICTION LOAN FORGIVENESS
6 APPLICANT." A PERSON WHO MEETS ALL OF THE FOLLOWING CRITERIA:
7 (1) IS A RESIDENT OF THIS COMMONWEALTH.
8 (2) HAS SUCCESSFULLY COMPLETED A TWO-YEAR OR FOUR-YEAR
9 ACADEMIC DEGREE OR DIPLOMA AT AN ACCREDITED COLLEGE OR
10 UNIVERSITY.
11 (3) HAS BEEN HIRED AS A FULL-TIME COUNSELOR BY A
12 LICENSED ALCOHOL AND DRUG ADDICTION TREATMENT FACILITY.
13 (4) HAS SUCCESSFULLY COMPLETED THE FIRST SIX MONTHS OF
14 FULL-TIME EMPLOYMENT AS A COUNSELOR AT A LICENSED ALCOHOL AND
15 DRUG ADDICTION TREATMENT FACILITY AND REMAINS IN GOOD
16 STANDING WITH THE FACILITY.
17 (5) HAS BORROWED THROUGH AND HAS A CURRENT OUTSTANDING
18 BALANCE WITH GUARANTEED STAFFORD OR CONSOLIDATION LOAN
19 PROGRAMS ADMINISTERED BY THE PENNSYLVANIA HIGHER EDUCATION
20 ASSISTANCE AGENCY.
21 "QUALIFIED APPLICANT." A QUALIFIED MENTAL HEALTH AND MENTAL
22 RETARDATION LOAN FORGIVENESS APPLICANT OR A QUALIFIED ALCOHOL
23 AND DRUG ADDICTION LOAN FORGIVENESS APPLICANT.
24 "QUALIFIED MENTAL HEALTH AND MENTAL RETARDATION LOAN
25 FORGIVENESS APPLICANT." A PERSON WHO MEETS ALL OF THE FOLLOWING
26 CRITERIA:
27 (1) IS A RESIDENT OF THIS COMMONWEALTH.
28 (2) HAS SUCCESSFULLY COMPLETED A TWO-YEAR OR FOUR-YEAR
29 ACADEMIC DEGREE OR DIPLOMA AT AN ACCREDITED COLLEGE OR
30 UNIVERSITY.
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1 (3) HAS BEEN HIRED AS A FULL-TIME STAFF MEMBER BY A
2 COUNTY MENTAL HEALTH OR MENTAL RETARDATION SERVICE AGENCY
3 WITHIN THIS COMMONWEALTH THROUGH A MERIT OR CIVIL SERVICE
4 SYSTEM APPROVED BY THE SECRETARY OF PUBLIC WELFARE OR BY A
5 PRIVATE PROVIDER THAT IS UNDER CONTRACT WITH EITHER A COUNTY
6 TO PROVIDE MENTAL HEALTH OR MENTAL RETARDATION SERVICES OR
7 THE DEPARTMENT OF PUBLIC WELFARE TO PROVIDE BEHAVIORAL HEALTH
8 REHABILITATION SERVICES TO INDIVIDUALS WITH DEVELOPMENTAL
9 DISABILITIES.
10 (4) HAS SUCCESSFULLY COMPLETED THE FIRST SIX MONTHS OF
11 FULL-TIME EMPLOYMENT AS A STAFF MEMBER AT A COUNTY MENTAL
12 HEALTH OR MENTAL RETARDATION SERVICE AGENCY OR A PRIVATE
13 PROVIDER UNDER CONTRACT WITH EITHER A COUNTY OR THE
14 DEPARTMENT OF PUBLIC WELFARE AND REMAINS IN GOOD STANDING
15 WITH THE SERVICE AGENCY OR PRIVATE PROVIDER.
16 (5) PERFORMS STAFF DUTIES AT A COUNTY MENTAL HEALTH OR
17 MENTAL RETARDATION SERVICE AGENCY WITHIN THIS COMMONWEALTH OR
18 AT A PRIVATE PROVIDER WITHIN THIS COMMONWEALTH THAT IS UNDER
19 CONTRACT WITH EITHER A COUNTY TO PROVIDE MENTAL HEALTH OR
20 MENTAL RETARDATION SERVICES OR THE DEPARTMENT OF PUBLIC
21 WELFARE TO PROVIDE BEHAVIORAL HEALTH REHABILITATION SERVICES
22 TO INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.
23 (6) HAS BORROWED THROUGH AND HAS A CURRENT OUTSTANDING
24 BALANCE WITH THE AGENCY-ADMINISTERED GUARANTEED STAFFORD OR
25 CONSOLIDATION LOAN PROGRAMS ADMINISTERED BY THE PENNSYLVANIA
26 HIGHER EDUCATION ASSISTANCE AGENCY.
27 "STAFF MEMBER." A CASEWORKER, DIRECT SUPPORT PROFESSIONAL,
28 THERAPIST, PROGRAM COORDINATOR OR DIRECTOR.
29 SECTION 4. MENTAL HEALTH AND MENTAL RETARDATION STAFF MEMBER
30 LOAN FORGIVENESS PROGRAM.
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1 (A) COMPONENTS.--COMPONENTS SHALL BE AS FOLLOWS:
2 (1) A QUALIFIED APPLICANT WHO IS SELECTED FOR THE MENTAL
3 HEALTH AND MENTAL RETARDATION STAFF MEMBER LOAN FORGIVENESS
4 PROGRAM IN ACCORDANCE WITH THIS ACT SHALL BE ELIGIBLE FOR
5 PAYMENT BY THE AGENCY OF A PORTION OF THE DEBT INCURRED BY
6 THE APPLICANT THROUGH THE AGENCY-ADMINISTERED GUARANTEED
7 STAFFORD OR CONSOLIDATION LOAN PROGRAMS FOR THE EDUCATION
8 NECESSARY TO BE A MENTAL HEALTH OR MENTAL RETARDATION STAFF
9 MEMBER IN THIS COMMONWEALTH IF THE QUALIFIED APPLICANT ENTERS
10 INTO A CONTRACT WITH THE AGENCY THAT REQUIRES THE QUALIFIED
11 RECIPIENT TO REMAIN EMPLOYED AS A FULL-TIME MENTAL HEALTH OR
12 MENTAL RETARDATION STAFF MEMBER IN THIS COMMONWEALTH FOR A
13 PERIOD OF TWO CONSECUTIVE YEARS.
14 (2) THE AGENCY MAY FORGIVE A PROPORTIONAL PART OF THE
15 APPLICANT'S LOAN SO THAT THE LOAN MAY BE ENTIRELY FORGIVEN
16 OVER FOUR YEARS OF FULL-TIME STAFF WORK. NO MORE THAN $5,000
17 SHALL BE FORGIVEN IN ANY YEAR, AND NO MORE THAN $20,000 SHALL
18 BE FORGIVEN FOR ANY APPLICANT.
19 (3) PAYMENTS SHALL BE MADE IN ACCORDANCE WITH THE
20 PROCEDURES ESTABLISHED BY THE AGENCY.
21 (4) THE CONTRACT ENTERED INTO WITH THE AGENCY PURSUANT
22 TO PARAGRAPH (1) SHALL BE CONSIDERED A CONTRACT WITH THE
23 COMMONWEALTH AND SHALL INCLUDE THE FOLLOWING TERMS:
24 (I) THE RECIPIENT SHALL AGREE TO BE EMPLOYED BY A
25 COUNTY MENTAL HEALTH OR MENTAL RETARDATION SERVICE AGENCY
26 LOCATED WITHIN THIS COMMONWEALTH OR BY A PRIVATE PROVIDER
27 OF MENTAL HEALTH OR MENTAL RETARDATION SERVICES.
28 (II) THE RECIPIENT SHALL PERMIT THE AGENCY TO
29 DETERMINE COMPLIANCE WITH THE WORK REQUIREMENT AND ALL
30 OTHER TERMS OF THE CONTRACT.
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1 (III) UPON THE RECIPIENT'S DEATH OR TOTAL OR
2 PERMANENT DISABILITY, THE AGENCY SHALL NULLIFY THE
3 SERVICE OBLIGATION OF THE RECIPIENT.
4 (IV) IF THE RECIPIENT IS CONVICTED OF OR PLEADS
5 GUILTY OR NO CONTEST TO A FELONY, THE AGENCY SHALL HAVE
6 THE AUTHORITY TO TERMINATE THE RECIPIENT'S SERVICE IN THE
7 PROGRAM AND DEMAND REPAYMENT OF THE AMOUNT OF THE LOAN AS
8 OF THE DATE OF THE CONVICTION.
9 (V) LOAN RECIPIENTS WHO FAIL TO BEGIN OR COMPLETE
10 THE OBLIGATIONS CONTRACTED FOR SHALL PAY TO THE AGENCY
11 THE AMOUNT OF THE LOAN RECEIVED UNDER THE TERMS OF THE
12 CONTRACT PURSUANT TO THIS SECTION. PROVIDING FALSE
13 INFORMATION OR MISREPRESENTATION ON AN APPLICATION OR
14 VERIFICATION OF SERVICE SHALL BE DEEMED A DEFAULT.
15 DETERMINATION AS TO THE TIME OF THE DEFAULT SHALL BE MADE
16 BY THE AGENCY.
17 (B) LIMITATIONS.--A LOAN FORGIVENESS AWARD SHALL NOT BE MADE
18 FOR A LOAN THAT IS IN DEFAULT AT THE TIME OF THE APPLICATION.
19 LOAN FORGIVENESS PROVIDED UNDER THE PROVISIONS OF THIS ACT SHALL
20 NOT BE AWARDED TO A RECIPIENT OF ANOTHER COMMONWEALTH-PROVIDED
21 LOAN FORGIVENESS PROGRAM CONCURRENTLY.
22 SECTION 5. ALCOHOL AND DRUG ADDICTION COUNSELOR LOAN
23 FORGIVENESS PROGRAM.
24 (A) COMPONENTS.--COMPONENTS SHALL BE AS FOLLOWS:
25 (1) A QUALIFIED APPLICANT WHO IS SELECTED FOR THE
26 ALCOHOL AND DRUG ADDICTION COUNSELOR LOAN FORGIVENESS PROGRAM
27 IN ACCORDANCE WITH THIS ACT SHALL BE ELIGIBLE FOR PAYMENT BY
28 THE AGENCY OF A PORTION OF THE DEBT INCURRED BY THE APPLICANT
29 THROUGH THE AGENCY-ADMINISTERED GUARANTEED STAFFORD OR
30 CONSOLIDATION LOAN PROGRAMS FOR THE EDUCATION NECESSARY TO BE
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1 AN ALCOHOL AND DRUG ADDICTION COUNSELOR IN THIS COMMONWEALTH
2 IF THE QUALIFIED APPLICANT ENTERS INTO A CONTRACT WITH THE
3 AGENCY THAT REQUIRES THE QUALIFIED RECIPIENT TO REMAIN
4 EMPLOYED AS A FULL-TIME ALCOHOL AND DRUG ADDICTION COUNSELOR
5 IN THIS COMMONWEALTH FOR A PERIOD OF TWO CONSECUTIVE YEARS.
6 (2) THE AGENCY MAY FORGIVE A PROPORTIONAL PART OF THE
7 APPLICANT'S LOAN SO THAT THE LOAN MAY BE ENTIRELY FORGIVEN
8 OVER FOUR YEARS OF FULL-TIME STAFF WORK. NO MORE THAN $5,000
9 SHALL BE FORGIVEN IN ANY YEAR, AND NO MORE THAN $20,000 SHALL
10 BE FORGIVEN FOR ANY APPLICANT.
11 (3) PAYMENTS SHALL BE MADE IN ACCORDANCE WITH THE
12 PROCEDURES ESTABLISHED BY THE AGENCY.
13 (4) THE CONTRACT ENTERED INTO WITH THE AGENCY PURSUANT
14 TO PARAGRAPH (1) SHALL BE CONSIDERED A CONTRACT WITH THE
15 COMMONWEALTH AND SHALL INCLUDE THE FOLLOWING TERMS:
16 (I) THE RECIPIENT SHALL AGREE TO BE EMPLOYED BY A
17 LICENSED ALCOHOL AND DRUG ADDICTION TREATMENT FACILITY
18 LOCATED WITHIN THIS COMMONWEALTH.
19 (II) THE RECIPIENT SHALL PERMIT THE AGENCY TO
20 DETERMINE COMPLIANCE WITH THE WORK REQUIREMENT AND ALL
21 OTHER TERMS OF THE CONTRACT.
22 (III) UPON THE RECIPIENT'S DEATH OR TOTAL OR
23 PERMANENT DISABILITY, THE AGENCY SHALL NULLIFY THE
24 SERVICE OBLIGATION OF THE RECIPIENT.
25 (IV) IF THE RECIPIENT IS CONVICTED OF OR PLEADS
26 GUILTY OR NO CONTEST TO A FELONY, THE AGENCY SHALL HAVE
27 THE AUTHORITY TO TERMINATE THE RECIPIENT'S SERVICE IN THE
28 PROGRAM AND DEMAND REPAYMENT OF THE AMOUNT OF THE LOAN AS
29 OF THE DATE OF THE CONVICTION.
30 (V) LOAN RECIPIENTS WHO FAIL TO BEGIN OR COMPLETE
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1 THE OBLIGATIONS CONTRACTED FOR SHALL PAY TO THE AGENCY
2 THE AMOUNT OF THE LOAN RECEIVED UNDER THE TERMS OF THE
3 CONTRACT PURSUANT TO THIS SECTION. PROVIDING FALSE
4 INFORMATION OR MISREPRESENTATION ON AN APPLICATION OR
5 VERIFICATION OF SERVICE SHALL BE DEEMED A DEFAULT.
6 DETERMINATION AS TO THE TIME OF THE DEFAULT SHALL BE MADE
7 BY THE AGENCY.
8 (B) LIMITATION.--A LOAN FORGIVENESS AWARD UNDER THIS ACT
9 SHALL NOT BE MADE FOR A LOAN THAT IS IN DEFAULT AT THE TIME OF
10 THE APPLICATION. LOAN FORGIVENESS PROVIDED UNDER THE PROVISIONS
11 OF THIS ACT SHALL NOT BE CONCURRENTLY AWARDED TO A RECIPIENT OF
12 ANOTHER COMMONWEALTH-PROVIDED LOAN FORGIVENESS PROGRAM.
13 SECTION 6. TAX APPLICABILITY.
14 LOAN FORGIVENESS REPAYMENTS BY A STUDENT SHALL NOT BE
15 CONSIDERED TAXABLE INCOME FOR PURPOSES OF ARTICLE II OF THE ACT
16 OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF
17 1971.
18 SECTION 7. ANNUAL REPORT.
19 (A) DEVELOPMENT OF REPORT.--THE AGENCY SHALL PUBLISH A
20 REPORT BY OCTOBER 1, 2005, AND EVERY YEAR THEREAFTER FOR THE
21 IMMEDIATELY PRECEDING FISCAL YEAR. THE REPORT SHALL INCLUDE
22 INFORMATION REGARDING THE OPERATION OF THE PROGRAM, INCLUDING:
23 (1) THE NUMBER AND AMOUNT OF MENTAL HEALTH AND MENTAL
24 RETARDATION STAFF MEMBER AND ALCOHOL AND DRUG ADDICTION
25 COUNSELOR CONTRACTS EXECUTED AND RENEWED FOR MENTAL HEALTH
26 AND MENTAL RETARDATION STAFF MEMBER LOAN FORGIVENESS
27 APPLICANTS AND ALCOHOL AND DRUG ADDICTION COUNSELOR LOAN
28 FORGIVENESS APPLICANTS.
29 (2) THE NUMBER OF DEFAULTED MENTAL HEALTH AND MENTAL
30 RETARDATION STAFF MEMBER AND ALCOHOL AND DRUG ADDICTION
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1 COUNSELOR CONTRACTS, REPORTED BY CAUSE.
2 (3) THE NUMBER OF FULL-TIME STAFF EMPLOYEES OF MENTAL
3 HEALTH AND MENTAL RETARDATION SERVICE AGENCIES, THE NUMBER OF
4 FULL-TIME STAFF EMPLOYEES OF PRIVATE PROVIDERS AND THE NUMBER
5 OF FULL-TIME STAFF EMPLOYEES OF LICENSED ALCOHOL AND DRUG
6 ADDICTION FACILITIES PARTICIPATING IN THE PROGRAM, REPORTED
7 BY TYPE OF INSTITUTION ATTENDED, INCLUDING FOUR-YEAR
8 EDUCATIONAL INSTITUTIONS, COMMUNITY COLLEGES AND INDEPENDENT
9 TWO-YEAR COLLEGES.
10 (4) THE NUMBER AND TYPE OF ENFORCEMENT ACTIONS TAKEN BY
11 THE AGENCY.
12 (B) SUBMISSION.--THE ANNUAL REPORT SHALL BE SUBMITTED TO THE
13 GOVERNOR, THE CHAIR AND MINORITY CHAIR OF THE APPROPRIATIONS
14 COMMITTEE OF THE SENATE, THE CHAIR AND MINORITY CHAIR OF THE
15 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE
16 CHAIR AND MINORITY CHAIR OF THE EDUCATION COMMITTEE OF THE
17 SENATE, THE CHAIR AND MINORITY CHAIR OF THE EDUCATION COMMITTEE
18 OF THE HOUSE OF REPRESENTATIVES, THE CHAIR AND MINORITY CHAIR OF
19 THE PUBLIC HEALTH AND WELFARE COMMITTEE OF THE SENATE AND THE
20 CHAIR AND MINORITY CHAIR OF THE HEALTH AND HUMAN SERVICES
21 COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
22 SECTION 8. APPEALS.
23 THE PROVISION OF THIS ACT SHALL BE SUBJECT TO 22 PA. CODE CH.
24 121 (RELATING TO STUDENT FINANCIAL AID).
25 SECTION 9. LOAN FORGIVENESS AWARDS.
26 RECIPIENTS OF LOAN FORGIVENESS AWARDS UNDER THIS ACT SHALL BE
27 THOSE MENTAL HEALTH AND MENTAL RETARDATION STAFF MEMBERS OR
28 ALCOHOL AND DRUG ADDICTION COUNSELORS WHO ARE WORKING IN AND WHO
29 HAVE RECEIVED A SATISFACTORY RATING FROM EITHER A COUNTY OFFICE
30 OF MENTAL HEALTH OR MENTAL RETARDATION SERVICE WITHIN THIS
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1 COMMONWEALTH, A PRIVATE PROVIDER WITHIN THIS COMMONWEALTH UNDER
2 CONTRACT WITH A COUNTY OR THE DEPARTMENT OF PUBLIC WELFARE OR A
3 LICENSED ALCOHOL AND DRUG ADDICTION TREATMENT FACILITY. MENTAL
4 HEALTH OR MENTAL RETARDATION STAFF MEMBERS OR ALCOHOL AND DRUG
5 ADDICTION COUNSELORS SHALL BE REQUIRED TO SUBMIT SUCH
6 DOCUMENTATION OF ELIGIBILITY AS THE AGENCY MAY REQUIRE INCLUDING
7 DOCUMENTATION TO INDICATE FULL-TIME EMPLOYMENT, AS FULL-TIME
8 EMPLOYMENT IS DEFINED BY A COUNTY OFFICE, A PRIVATE PROVIDER OR
9 A LICENSED ALCOHOL OR DRUG ADDICTION TREATMENT FACILITY. THE
10 DOCUMENTATION SHALL BE PRESENTED TO THE AGENCY IN THE FORM OF A
11 LETTER FROM THE APPLICANT'S EMPLOYER STATING THAT THE APPLICANT
12 IS EMPLOYED BY THE MENTAL HEALTH OR MENTAL RETARDATION SERVICE
13 PROVIDER OR A LICENSED ALCOHOL AND DRUG ADDICTION FACILITY AND
14 THAT THE APPLICANT PERFORMS THE APPLICANT'S DUTIES IN A
15 SATISFACTORY MANNER.
16 SECTION 10. FUNDING.
17 LOAN FORGIVENESS AWARDS UNDER THIS ACT MAY BE MADE TO THE
18 EXTENT THAT FUNDS ARE APPROPRIATED BY THE GENERAL ASSEMBLY AND
19 ARE SUFFICIENT TO COVER THE ADMINISTRATION OF THE PROGRAM. IN
20 THE EVENT THAT FUNDING IS INSUFFICIENT TO FULLY FUND
21 ADMINISTRATION AND ALL ELIGIBLE APPLICANTS, PRIORITY SHALL BE
22 GIVEN TO RENEWAL APPLICANTS. THEREAFTER, THE AGENCY SHALL
23 UTILIZE A RANDOM LOTTERY SYSTEM FOR DETERMINING WHICH APPLICANTS
24 RECEIVE LOAN FORGIVENESS AWARDS.
25 SECTION 11. RESPONSIBILITY OF AGENCY.
26 THE AGENCY SHALL ADMINISTER THE MENTAL HEALTH AND MENTAL
27 RETARDATION STAFF MEMBER AND ALCOHOL AND DRUG ADDICTION
28 COUNSELOR LOAN FORGIVENESS PROGRAMS ESTABLISHED BY THIS ACT AND
29 SHALL ADOPT SUCH REGULATIONS, POLICIES, PROCEDURES AND FORMS AS
30 ARE NECESSARY AND NOT INCONSISTENT WITH THE PROVISIONS OF THIS
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1 ACT.
2 SECTION 12. EFFECTIVE DATE.
3 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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