SubPart 47-1 - New York State Health Service Corps

Effective Date: 
Wednesday, October 13, 1993
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Secs. 231, 232, 233

Section 47-1.1 - Definitions

Section 47-1.1 Definitions

(a) State Health Service Corps professional shall mean a health professional in any one of the professions listed below or any other health professional, excluding physician or dentist, determined by the Commissioner of Health, in consultation with the State Health Service Corps advisory committee to be needed in designated facilities or agencies:

(1) A registered professional nurse;

(2) A registered physician's assistant;

(3) A dental hygienist;

(4) An occupational therapist;

(5) A physical therapist;

(6) A speech-language pathologist;

(7) An audiologist;

(8) A pharmacist;

(9) A midwife; and

(10) Any other health profession identified by participating agencies as being difficult to recruit. Scholarships in these occupations will be offered on a limited basis for no more than two years.

(b) State Health Service Corps advisory committee shall mean a committee composed of the Commissioners of the Departments of Health, Education and Correctional Services, the Commissioners of the Office of Mental Health and the Office of Mental Retardation and Developmental Disabilities and the Presidents of the Civil Service Commission and the Higher Education Services Corporation or their designees, established to advise the Commissioner of Health on issues related to the State Health Service Corps.

(c) Designated facility or agency shall mean a facility or institution designated by the Commissioner of Health, in consultation with the State Health Service Corps advisory committee that is:

(1) operated by:

(i) the Office of Mental Health;

(ii) the Office of Mental Retardation and Developmental Disabilities;

(iii) the Department of Correctional Services; or

(2) not-for-profit and licensed by the Office of Mental Retardation and Developmental Disabilities or the Office of Mental Health or under contract with the Commission for the Blind and Visually Handicapped;

(3) a not-for-profit diagnostic and treatment center, with an operating certificate issued pursuant to section 401.1 of this title, which has a critical shortage of health personnel, as determined by the commissioner, and which serves the medically indigent and Medicaid- eligible persons;

(4) a health care facility or non-profit or public agency which provides care or treatment to persons infected with the human immunodeficiency virus or who have acquired immunodeficiency syndrome and which are currently experiencing a shortage of health personnel to specifically serve such persons, or

(5) in the case of midwives, a not-for-profit facility with an operating certificate issued pursuant to section 401.1 of this title, which serves the medically indigent and Medicaid-eligible women.

(d) Licensure shall mean possession of a license, registration or certificate to practice in one of the professions listed in subsection (a) of this section issued by the appropriate governing agency.

(e) Academic year shall mean the period between July 1 and June 30 of the following year.

(f) Full-time enrollment shall mean matriculation as a college or university student taking at least 12 credits or their equivalent, except that in the final semester of study in which the student must take sufficient credits or their equivalent in order to complete training, but not fewer than six credits.

(g) Scholarship or fellowship award shall mean the sum of the State Health Service Corps funds paid to or on behalf of a State Health Service Corps recipient during one academic year. The award shall not exceed the cost of attendance which shall mean tuition, required fees, books, transportation, and room and board.

(h) Effective date of award shall mean the beginning date of the first semester for which the scholarship or fellowship recipient has received a State Health Service Corps award.

(i) Service obligation shall mean the period of time a State Health Service Corps scholarship or fellowship recipient is required to work a basic work-week as an employee of a designated facility or agency.

(j) Alternative service shall mean working a basic work week as a paraprofessional or in a profession other than the one for which the award was given in fulfillment of the service obligation.

(k) State Health Service Corps recipient shall mean an individual who has signed a service agreement to receive a scholarship or fellowship award under the State Health Service Corps program in return for a service obligation.

(l) Service agreement shall mean the written agreement to be signed by a State Health Service Corps recipient specifying the terms of the award and the service obligation required prior to issuance of an award.

(m) Reporting date shall mean the date upon which a State Health Service Corps recipient is required to begin employment in fulfillment of his/her service obligation.

(n) Rescission shall mean the withdrawal of an award after the signing of the service agreement but before full payment for an award is made to an educational institution. (o) Waiver shall mean full or partial release by the Commissioner of Health, of the service obligation and/or any financial obligation for repayment of scholarship or fellowship award monies incurred by a State Health Service Corps award recipient.

(p) Deferral shall mean a delay or temporary suspension of the award payment and/or service obligation and/or any financial obligation for repayment of award monies incurred by the State Health Service Corps award recipient, with no resulting reduction in service or financial obligation.

(q) Default shall mean the failure to complete program of study, or the failure to begin the service obligation on the reporting date, or the failure of a State Health Service Corps recipient to complete his/her service obligation within the time prescribed by the Commissioner of Health.
 

Effective Date: 
Wednesday, October 13, 1993
Doc Status: 
Complete

Section 47-1.2 - Eligibility for an award

47-1.2 Eligibility for an award.

(a) To be eligible for a State Health Service Corps award, an individual must:

(1) show evidence of enrollment or acceptance for full-time study in a professional study program in an institution approved by the Board of Regents. The Commissioner of Health may permit individuals who are not enrolled or who have not been accepted for enrollment to apply for an award, but an award will not be made until the individual provides evidence of acceptance into an institution approved by the Department of Health pursuant to standards established in this Title, or the Board of Regents. The Commissioner of Health may permit individuals who submit satisfactory medical statements substantiating a serious illness or disability that precludes full-time attendance to attend part-time;

(2) be pursuing a program of continuous undergraduate or graduate education in a health care profession as defined in section 47.1(a) of this Part;

(3) be within 24 months of completing the program of study and being eligible to apply for licensure, registration or certification in the profession of study;

(4) be a United States citizen or resident alien who is holding a valid I-551 card or a valid I-151 card issued by the U.S. Immigration and Naturalization Service;

(5) meet the character and moral standards required for licensure under section 6524, subsection 7 of the State Education Law; and

(6) complete, sign and file an application using prescribed forms which must be filed within specified time frames. All required supplementary documents must be filed as directed. Incomplete, illegible or vague applications may be rejected. Applications filed after the deadlines specified may be rejected.

(b) An individual may be determined to be ineligible to receive a State Health Service Corps scholarship or fellowship award if:

(1) the individual is already receiving any other scholarship or fellowship award that requires the fulfillment of a service obligation;

(2) the individual is employed by the State of New York and is granted educational leave with pay from the position held except in the instance of extreme hardship as determined by the Commissioner of Health;

(3) the individual is identified by Higher Education Services Corporation as having defaulted on the repayment of a guaranteed student loan; or

(4) the individual is not a resident of New York State and plans to attend or attends an educational institution located out of state.
 

Effective Date: 
Wednesday, October 13, 1993
Doc Status: 
Complete

Section 47-1.3 - Selection of award recipients

47-1.3 Selection of award recipients.

(a) Process. The Commissioner of Health in consultation with the State Health Service Corps advisory committee shall select award recipients based on the criteria and preferences described in subdivisions (b) and (c) of this section; however, no award shall be given to an applicant unless a designated facility or agency has expressed a willingness to employ the applicant upon completion of the applicant's education.

(b) Preference. Preference shall be given to persons in the following categories, in the order of priority stated:

(1) holders of a prior State Health Service Corps award who have maintained an acceptable academic performance, provided they meet all requirements of chapter 355 of the Laws of 1985 and regulations of the Commissioner of Health. Recipients are limited to one award annually and are eligible for annual awards for two consecutive academic years. Holders of awards may be required to submit such supplemental data as required by the department;

(2) a New York State resident attending or planning to attend a New York State educational institution;

(3) a New York State resident attending or planning to attend an educational institution located out of state; and

(4) persons who are not residents of New York State attending or planning to attend a New York State educational institution.

(c) Selection criteria. All eligible applications will be reviewed competitively using the following criteria:

(1) the need, as determined the Commissioner of Health and the State Health Service Corps advisory committee, for the profession for which a scholarship is being sought in the designated facilities or agencies and region(s) where the applicant is willing to work;

(2) academic performance and academic awards or honors;

(3) special training and education relevant to the needs of the population to be served;

(4) work experience in the chosen health profession;

(5) work or volunteer experience with the population to be served;

(6) demonstrated commitment to working with the population to be served;

(7) civic or community awards and honors; and

(8) special skills or abilities or background or experience which will facilitate working with the population to be served.

(d) Number of awards. The Commissioner of Health shall make as many awards as permitted by statute and for which there is available funding. The Commissioner of Health may make fewer awards than permitted by statute if, in consultation with the State Health Service Corps advisory committee, it is determined that no eligible applicants meet minimum qualifications, based on such criteria as those listed in the selection criteria in subdivision (c) of this section.
 

Effective Date: 
Wednesday, October 13, 1993
Doc Status: 
Complete

Section 47-1.4 - Maintaining eligibility for awards

47-1.4 Maintaining eligibility for awards.

(a) Full-time continuous enrollment. Award recipients must be enrolled full-time except as permitted by section 47.2 (a)(1) and in good standing in accordance with the standards and regulations established by the New York State Higher Education Services Corporation and the institution where the award recipient is receiving training. The recipient who receives awards for completing two years of education must do so in two consecutive academic years.

(b) Transfers. An award recipient may receive permission from the Commissioner of Health to transfer to another institution provided:

(1) the recipient continues training in the profession for which the award was granted;

(2) the transfer does not increase the total period of training; and

(3) the school to which the recipient transfers has a program approved by the New York State Department of Health pursuant to standards established in this Title, or the New York State Board of Regents.

(c) Reporting requirements. Award recipients must report semiannually to the Department of Health and the Higher Education Services Corporation on forms and at such times as required by these agencies.
 

Effective Date: 
Wednesday, October 13, 1993
Doc Status: 
Complete

Section 47-1.5 - Award rescission and deferrals

47-1.5 Award rescission and deferrals.

(a) Award rescission. An award may be rescinded by the Commissioner of Health if:

(1) the recipient fails to execute a student payment application (form HE8030) with the Higher Education Services Corporation or fails to follow the Higher Education Services Corporation or Department of Health reporting requirements;

(2) the recipient withdraws from school or otherwise fails to maintain full-time enrollment;

(3) the recipient is convicted of any felony;

(4) the recipient fails to maintain good academic standing; or

(5) the recipient is found to have provided fraudulent or willfully misrepresented information in the application or supporting documents.

(b) Award deferral. An award may be postponed or deferred temporarily by the Commissioner of Health because of one or more of the conditions described in subdivision (a) of this section if it is determined that the condition will be corrected in a reasonable time or if the circumstances warrant a deferral rather than a rescission.
 

Effective Date: 
Wednesday, October 13, 1993
Doc Status: 
Complete

Section 47-1.6 - Service obligation

47-1.6 Service obligation.

(a) Service obligation. A State Health Service Corps award recipient is required to work full-time in a designated facility or agency for 18 months in the profession he/she has received an award. A recipient will be required to complete his/her service obligation by working from the reporting date to completion of his/her service obligation without interruption.

(b) Reporting date. A State Health Service Corps recipient is required to begin his/her service obligation within 60 days of either completing the education for which he/she has received a State Health Service Corps award, or receiving a license in that profession whichever comes later, except that the reporting date shall not exceed:

(1) 30 months from the effective date of the first scholarship award if the recipient has received two awards; and

(2) 18 months if the recipient has received one award.

(i) In the case of a recipient whose award has been deferred, the period of time of the approved deferral shall not be included in the calculation of the reporting date described in this section.

(ii) If no appropriate position exists in any designated facilities or agencies for the recipient, the reporting date shall be extended until such a position becomes available.

(c) Alternative service. In the event a recipient fails to qualify for licensure or is unable to fulfill the service obligation in the profession for which the State Health Service Corps scholarship award is given, the Commissioner of Health, in consultation with the State Health Service Corps advisory committee, may permit the individual to provide alternative service which would meet the intent of the public service obligation.

(d) Service performance. Each recipient while employed in a designated facility or agency shall abide by all of the performance rules or requirements of that agency. Loss of employment due to unsatisfactory performance will result in default.
 

Effective Date: 
Wednesday, October 13, 1993
Doc Status: 
Complete

Section 47-1.7 - Service obligation: deferrals and waivers

47-1.7 Service obligation: deferrals and waivers.

(a) Service deferral. The Commissioner of Health may delay or defer the reporting date, the service obligation or the repayment obligation incurred by a State Health Service Corps recipient due to extreme hardship. Extreme hardship includes, but is not limited to: serious illness or injury of the recipient or an immediate family member and other circumstances beyond the control of the recipient that would make it difficult or impossible for the recipient to fulfill the service obligation or repay the State of New York.

(b) Waiver. The Commissioner of Health may waive all or part of the service obligation and/or any repayment obligation incurred by an award recipient for reasons described in subdivision (a) of this section.

(c) Evidence of hardship. The recipient must submit, in writing, ample evidence of hardship when requesting a deferral or waiver. Applications for deferral or waiver shall be submitted on forms prescribed by the Department of Health and may include sworn statements and appropriate documentation of the recipient's claim.
 

Effective Date: 
Wednesday, October 13, 1993
Doc Status: 
Complete

Section 47-1.8 - Default

47-1.8 Default.

(a) A recipient of an award will be considered in default if the recipient has not been granted a waiver or deferral by the Commissioner of Health and:

(1) the scholarship award is rescinded after disbursal of scholarship monies on the recipient's behalf; or

(2) the recipient is not available to fulfill his/her service obligation on the reporting date; or

(3) the recipient fails to complete a training program; or

(4) the recipient resigns, is dismissed from employment or otherwise fails, refuses or is unable to fulfill the service obligation.

(b) An individual found to be in default will be required to pay the State, within five years from the date of default, all monies received, plus interest, plus liquidated damages as determined by the following formula:

A = 2B (T-S) ________

T

"A" is the amount the State is entitled to recover; "B" is the sum of all payments made to the recipient and the interest on such amount which would be payable if at the time such awards were paid they were loans bearing interest at the maximum prevailing rate determined by the Higher Education Services Corporation; "T" is the total number of months in the recipient's period of obligated service; and "S" is the number of months of service actually rendered by the recipient.

(c) Department of Health shall advise the Higher Education Services Corporation of any default, and the Higher Education Services Corporation shall collect repayments and, where indicated, initiate action for prosecution to recover monies owed the State.
 

Effective Date: 
Wednesday, October 13, 1993
Doc Status: 
Complete

Section 47-1.9 - Administration

47-1.9 Administration.

(a) Acceptance and service agreement. Prior to being certified for payment, successful applicants must sign a written acceptance of the award and a service agreement describing the conditions of the award, the service obligation, and the terms of repayment.

(b) Disbursements and collections. The Higher Education Services Corporation will be responsible for disbursements to or on behalf of the scholarship recipient. A State Health Service Corps recipient is required to comply with all administrative and reporting requirements established by the Higher Education Services Corporation.
 

Effective Date: 
Wednesday, October 13, 1993
Doc Status: 
Complete