PRINTER'S NO. 1307
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1031
Session of
2015
INTRODUCED BY MURT, V. BROWN, BROWNLEE, COHEN, FREEMAN, GILLEN,
HARKINS, MAHONEY, McCARTER, MILLARD, SCHLOSSBERG, SCHWEYER
AND YOUNGBLOOD, APRIL 20, 2015
REFERRED TO COMMITTEE ON HEALTH, APRIL 20, 2015
AN ACT
Amending the act of December 2, 1992 (P.L.741, No.113), entitled
"An act providing a comprehensive plan for health care for
uninsured children; providing for medical education
assistance; making appropriations; and making repeals," in
primary care to medically underserved areas, further
providing for definitions and for loan forgiveness for
primary health care practitioners.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1301 of the act of December 2, 1992
(P.L.741, No.113), known as the Children's Health Care Act, is
amended by adding definitions to read:
Section 1301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Full time." An employment period in which an employee works
for a duration of:
(1) no more than 12 hours per day in a 24-hour period;
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(2) no less than four days per week;
(3) no less than 40 hours per week; and
(4) no less than 45 weeks per year.
Unless approved by the department, this term shall not include
on-call time.
"O n-call time." Time spent by an employee who is not
currently working on the premises of the place of employment,
but who is compensated for availability or as a condition of
employment and has agreed to be available to return to the
premises of the place of employment on short notice if the need
arises.
"Part time." An employment period in which an employee works
for a duration of:
(1) no more than 12 hours per day in a 24-hour period;
(2) no less than two days per week;
(3) no less than 20 hours per week, but no more than 39
hours per week; and
(4) no less than 45 weeks per year.
Unless approved by the department, this term shall not include
on-call time.
* * *
Section 2. Section 1303(d), (e) and (f) of the act are
amended and the section is amended by adding a subsection to
read:
Section 1303. Loan forgiveness for primary health care
practitioners.
* * *
(d) Eligibility.--Consideration for loan repayment
assistance shall be as follows:
(1) The applicant must be one of the following:
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(i) An individual who:
(A) has a medical degree from an accredited
medical school or osteopathic medical college;
(B) has completed an approved graduate training
program in primary care medicine;
(C) is licensed to practice medicine in this
Commonwealth; and
(D) is board eligible in a primary care
specialty.
(ii) An individual who is licensed to practice
general dentistry in this Commonwealth.
(iii) An individual who holds a nursing degree from
an accredited nursing program and has completed a
training program for nurse practitioners or nurse
midwives.
(iv) An individual who has graduated from an
accredited program for physician assistants.
(2) An applicant who is qualified under paragraph (1)
must agree to serve in a designated medically underserved
area of this Commonwealth as a primary health care
practitioner for:
(i) if employed as a primary health care
practitioner part time, not less than three years; or
(ii) if employed as a primary health care
practitioner full time, not less than three years.
(e) Benefits for full-time health care practitioners.--The
following shall apply to a full-time health care practitioner:
(1) A physician or dentist who is eligible under
subsection (d) and works full time shall be eligible to
receive up to $64,000 in loan exonerations based on the
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following schedule:
(i) Year one, 15%.
(ii) Year two, 20%.
(iii) Year three, 30%.
(iv) Year four, 35%.
(2) A nurse practitioner, physician assistant or nurse
midwife who is eligible under subsection (d) and works full
time shall be eligible to receive up to $40,000 in loan
exonerations based on the following repayment schedule:
(i) Year one, 15%.
(ii) Year two, 20%.
(iii) Year three, 30%.
(iv) Year four, 35%.
(e.1) Benefits for part-time health care practitioners.--The
following shall apply to a part-time health care practitioner:
(1) A physician or dentist who is eligible under
subsection (d) and works part time shall be eligible to
receive up to $32,000 in loan exonerations based on the
following schedule:
(i) Year one, 15%.
(ii) Year two, 20%.
(iii) Year three, 30%.
(iv) Year four, 35%.
(2) A nurse practitioner, physician assistant or nurse
midwife who is eligible under subsection (d) and works part
time shall be eligible to receive up to $20,000 in loan
exonerations based on the following repayment schedule:
(i) Year one, 15%.
(ii) Year two, 20%.
(iii) Year three, 30%.
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(iv) Year four, 35%.
(f) Contracts.--A recipient of loan repayment assistance
shall enter into a contract with the agency and the Department
of Health, which shall be considered a contract with the
Commonwealth. Priority shall be given to those applicants who
agree to engage in full-time primary health care practice a
minimum of three years or more or part-time primary health care
practice a minimum of three years or more in a designated
medically underserved area. Preference shall be given to
residents of this Commonwealth, minority applicants and
graduates of Pennsylvania institutions providing primary health
care education. The contract shall include, but not be limited
to, the following terms and conditions:
(1) An unlicensed applicant shall apply for a license to
practice in this Commonwealth at the earliest practicable
opportunity.
(2) Within six months after licensure and the completion
of all requirements for the primary care specialty, an
applicant shall engage in the practice of primary health care
medicine in a designated medically underserved area approved
by the Department of Health. The Department of Health shall
provide applicants with a list of available designated
medically underserved area sites and shall, to the extent
possible, approve applicant selections in the order they are
received.
(3) The applicant shall agree to serve not less than
three full years, if full time, or not less than three years,
if part time, in a designated medically underserved area at a
repayment assistance schedule as provided in subsection (e)
or (e.1).
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(4) The primary health care practitioner shall agree to
treat patients in the area eligible for medical assistance
and Medicare.
(5) The primary health care practitioner shall agree to
practice on a full-time basis or a part-time basis in the
designated medically underserved area.
(6) The primary health care practitioner shall permit
the agency or the Department of Health to monitor the
practice to determine compliance with the terms of the
contract.
(7) The agency shall certify compliance with the terms
of the contract for purposes of receipt by the primary health
care practitioner of loan repayment awards for years
subsequent to the initial year of the loan.
(8) The contract shall be renewable on an annual basis
upon certification by the agency that the primary health care
practitioner has complied with the terms of the contract.
(9) Upon the recipient's death or total or permanent
disability, the agency shall nullify the service obligation
of the recipient.
(10) If the recipient is convicted of, or pleads guilty
or no contest to, a felony or misdemeanor or if the
appropriate licensing board has determined that the recipient
has committed an act of gross negligence in the performance
of service obligations or has suspended or revoked the
license to practice, the agency shall have the authority to
terminate the recipient's service in the program and demand
repayment of the assistance rendered to date.
(11) Loan recipients who fail to begin or complete the
obligations contracted for shall pay to the agency three
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times the amount of assistance received. 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.
* * *
Section 3. This act shall take effect in 60 days.
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