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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ERICKSON, TARTAGLIONE, YAW, RAFFERTY, BROWNE, PILEGGI, TOMLINSON, M. WHITE, SCARNATI, BAKER, D. WHITE, BRUBAKER, WAUGH AND GREENLEAF, JANUARY 26, 2011 |
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| REFERRED TO EDUCATION, JANUARY 26, 2011 |
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| AN ACT |
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1 | Establishing the Physician Retention Loan Forgiveness Program in |
2 | the Pennsylvania Higher Education Assistance Agency; |
3 | providing for powers and duties of the Pennsylvania Higher |
4 | Education Assistance Agency; and making an appropriation. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Short title. |
8 | This act shall be known and may be cited as the Physician |
9 | Retention Loan Forgiveness Act. |
10 | Section 2. Purpose. |
11 | The purpose of this act is to improve patient access to |
12 | health care by assisting the Commonwealth with recruitment and |
13 | retention of physicians. |
14 | Section 3. Definitions. |
15 | The following words and phrases when used in this act shall |
16 | have the meanings given to them in this section unless the |
17 | context clearly indicates otherwise: |
18 | "Agency." The Pennsylvania Higher Education Assistance |
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1 | Agency. |
2 | "Health care facility." As defined in section 103 of the act |
3 | of July 19, 1979 (P.L.130, No.48), known as the Health Care |
4 | Facilities Act. |
5 | "Medically underserved area." An area of this Commonwealth |
6 | that is reported by the Department of Health as medically |
7 | underserved. |
8 | "Physician." A medical doctor, doctor of osteopathy or |
9 | dentist. |
10 | "Primary care health professional shortage area." An area of |
11 | this Commonwealth that is reported by the Department of Health |
12 | as having a shortage of primary care health professionals. |
13 | "Program." The Physician Retention Loan Forgiveness Program |
14 | established by this act. |
15 | Section 4. Program. |
16 | (a) Establishment.--The Physician Retention Loan Forgiveness |
17 | Program is established in the agency. |
18 | (b) Applications.--The agency shall promulgate guidelines |
19 | for the selection of candidates to the program based upon the |
20 | following criteria: |
21 | (1) Demonstrated need. |
22 | (2) Willingness to continue practicing as a physician in |
23 | this Commonwealth after completing the program. |
24 | (c) Eligibility.--A program applicant must be: |
25 | (1) A citizen of the United States. |
26 | (2) Licensed to practice medicine in this Commonwealth. |
27 | (d) Selection.--The agency shall give preference to |
28 | physicians in the following order: |
29 | (1) Commonwealth physicians completing training in this |
30 | Commonwealth who agree to practice medicine in a medically |
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1 | underserved area or in a primary care health professional |
2 | shortage area. |
3 | (2) Commonwealth physicians completing training in this |
4 | Commonwealth. |
5 | (3) Commonwealth natives completing out-of-State |
6 | training who agree to practice in a medically underserved |
7 | area or a primary care health professional shortage area. |
8 | (4) Out-of-State applicants completing training in this |
9 | Commonwealth who agree to practice in a medically underserved |
10 | area or a primary care health professional shortage area. |
11 | (e) Verification.--The agency shall monitor and verify a |
12 | physician's fulfillment of all requirements under this act. |
13 | Section 5. Amount of loan forgiveness. |
14 | (a) Physicians practicing full time.--A physician accepted |
15 | into the program practicing full time may be reimbursed an |
16 | amount up to 100% of the total loan for physician training or no |
17 | more than $75,000, whichever is less, based upon the following |
18 | repayment assistance schedule: |
19 | (1) First year of service, 10%. |
20 | (2) Second year of service, 15%. |
21 | (3) Third year of service, 15%. |
22 | (4) Fourth year of service, 15%. |
23 | (5) Fifth year of service, 15%. |
24 | (6) Sixth year of service, 15%. |
25 | (7) Seventh year of service, 15%. |
26 | (b) Physicians practicing part time.--A physician accepted |
27 | into the program practicing part time may be reimbursed an |
28 | amount directly proportional to the number of hours worked of |
29 | the total loan for physician training or no more than $75,000, |
30 | whichever is less, based upon the following repayment assistance |
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1 | schedule: |
2 | (1) First year of service, 10%. |
3 | (2) Second year of service, 15%. |
4 | (3) Third year of service, 15%. |
5 | (4) Fourth year of service, 15%. |
6 | (5) Fifth year of service, 15%. |
7 | (6) Sixth year of service, 15%. |
8 | (7) Seventh year of service, 15%. |
9 | Section 6. Contract. |
10 | (a) General rule.--Physicians receiving loan forgiveness |
11 | shall enter into a contract with the agency. The contract shall |
12 | include, but not be limited to, the following terms and |
13 | conditions: |
14 | (1) The physician shall agree to practice not fewer than |
15 | ten full consecutive years in a licensed health care facility |
16 | in this Commonwealth immediately following completion of |
17 | training pursuant to the schedule provided in section 5. |
18 | (2) The physician shall agree not to discriminate |
19 | against patients based on the ability to pay. |
20 | (3) The physician shall permit the agency to monitor |
21 | compliance with the work requirement. |
22 | (4) The agency shall certify compliance of the physician |
23 | receiving a loan forgiveness award for years subsequent to |
24 | the initial year of the loan. |
25 | (5) The contract shall be renewable on an annual basis |
26 | upon certification by the agency that the physician has |
27 | complied with the terms of the contract. |
28 | (6) The contract shall terminate if the physician dies, |
29 | is not able to perform the duties of a physician or is not |
30 | able to maintain the physician's license to practice medicine |
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1 | due to physical or mental disability. |
2 | (7) If the physician's license to practice is suspended |
3 | or revoked, the agency shall have the authority to terminate |
4 | the physician's participation in the program and demand |
5 | repayment of all loan forgiveness payments rendered to date. |
6 | (8) A physician who fails to begin or complete the |
7 | obligations contracted for shall reimburse the Commonwealth |
8 | all amounts received under this act and interest thereon as |
9 | determined by the agency. Both the physician and the agency |
10 | shall make every effort to resolve conflicts in order to |
11 | prevent a breach of contract. |
12 | (b) Contract enforcement.--The agency shall have the |
13 | authority to seek garnishment of wages for the collection of |
14 | damages provided for in subsection (a)(8). |
15 | Section 7. Disqualification. |
16 | Any person who knowingly or intentionally procures, obtains |
17 | or aids another to procure or obtain loan forgiveness under this |
18 | act through fraudulent means shall be disqualified from |
19 | participation and shall be liable to the agency for an amount |
20 | equal to three times the amount obtained. |
21 | Section 8. Tax consequences. |
22 | Loan forgiveness payments received by a physician shall not |
23 | be considered taxable income for purposes of Article III of the |
24 | act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code |
25 | of 1971. |
26 | Section 9. Regulations. |
27 | The agency shall adopt regulations and procedures necessary |
28 | to carry out the purposes of this act. |
29 | Section 10. Funding. |
30 | Loan forgiveness payments shall be made to the extent that |
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1 | funds are appropriated to the Physician Retention Loan |
2 | Forgiveness Program by the General Assembly. |
3 | Section 11. Appropriation. |
4 | The sum of $10,000,000 shall be appropriated annually to |
5 | carry out the purposes of this act. |
6 | Section 30. Effective date. |
7 | This act shall take effect in 90 days. |
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