Part 47 - New York State Health Service Corps/Obstetric And Pediatric Practitioner Incentive Demonstration Program

Effective Date: 
Wednesday, October 13, 1993
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Secs. 231, 232, 233 2506

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

SubPart 47-2 - Obstetric and Pediatric Practitioner Incentive Demonstration Program

Effective Date: 
Wednesday, October 13, 1993
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Secs. 231, 232, 233, 2506

Section 47-2.1 - Definitions.

Section 47-2.1 Definitions.

(a) "Program" means the Obstetric and Pediatric Practitioner Incentive Demonstration Program, also known as the Obstetric and Pediatric Malpractice Insurance Subsidy Program, as administered by the New York State Department of Health.

(b) "Obstetric practitioner" means:

(1) a New York State licensed physician who is board certified or an active candidate for board certification in obstetrics;

(2) a New York State licensed physician who is board certified or eligible for board certification in family practice and who provides obstetrical services;

(3) a New York State Education Department licensed midwife or person certified to practice midwifery by the Department of Health; or

(4) a licensed registered nurse certified as an obstetric nurse practitioner by the New York State Education Department.

(c) "Pediatric practitioner" means:

(1) a New York State licensed physician who is board certified or eligible for board certification in Pediatrics; or

(2) a licensed registered nurse certified as a pediatric nurse practitioner by the New York State Education Department.

(d) "Obstetric Group Practice" means an obstetric practitioner with an arrangement to practice with one or more other obstetric practitioners whether by partnership agreement or by forming a professional corporation.

(e) "Covered services" means prenatal, delivery and post-partum services provided by an obstetric practitioner or pediatric services provided by a pediatric practitioner for children under the age of one in a private individual or group practice, or in a comprehensive diagnostic and treatment center (1) through the Prenatal Care Assistance Program, or the Medical Assistance Program under the Social Services Law; or (2) to women and children who are not covered for obstetric or pediatric services by the programs set forth in paragraph (1) of this subdivision, or by private health insurance; or (3) through a program approved by the commissioner pursuant to section 2506(4) of the Public Health Law, under which the services are provided as part of a program provided by a general hospital or a city or a county health department and without remuneration to the practitioner.

(f) "Target population" means pregnant women and children up to the age of one who (1) are eligible for the Prenatal Care Assistance Program or the Medical Assistance Program under the Social Services Law; or (2) are not covered for obstetric or pediatric services by the programs set forth in paragraph (1) of this subdivision or by private health insurance; or (3) are eligible for a program approved by the commissioner pursuant to Section 2506(4) of the Public Health Law under which the services are provided as part of a program provided by a general hospital or a city or a county health department and without remuneration to the practitioner.

(g) "Malpractice insurance premium" means the cost of professional liability insurance coverage for the contract period.

(h) "Contractor" means an eligible obstetric or pediatric practitioner or group practice who has contracted with the Department of Health for a subsidy.

(i) "Subsidy" means the amount of remuneration a contractor may receive through this Program for his/her malpractice insurance premium.

(j) "Designated pediatric area" means a Federally designated Health Professional Shortage Area or an area designated by New York State Board of Regents as a Regents Physician Loan Forgiveness Area.

(k) "New pediatric practitioner" means a pediatric practitioner who is proposing to begin practice, or began practice, six months before or after filing an application for a subsidy, in a designated pediatric area.

(l) "Additional service obstetric practitioner" means an obstetric practitioner or obstetric group practice that agrees to increase the number of the target population provided covered services.

(m) "Disproportionate share obstetric practitioner" means an obstetric practitioner or obstetric group practice that has in the past provided and agrees to continue to provide covered services to a high number of the target population.

(n) "High-number" means 1/3 the average number of deliveries performed per year per obstetrician, family practitioner, or nurse midwife, as determined by the Department of Health.

(o) "Full-time pediatric practice" means providing patient care services at least 37.5 hours per week during at least 46 weeks per year in a designated pediatric area. Up to 8 hours per week providing services to residents from the designated pediatric area in a hospital located outside the designated area may be counted towards those hours.

(p) "General pediatric services" means ambulatory health care services provided to children under the age of one.

(q) "Comprehensive obstetrical services" means prenatal, delivery and post-partum services.

(r) "Application" means an application for a contract submitted by an obstetric practitioner, obstetric group practice, or pediatric practitioner on forms prescribed by the Department. (s) "Average obstetrical malpractice premium (AOMP)" means the amount determined by the commissioner to reflect the average malpractice insurance premium per delivery for obstetricians in a geographic region.
 

Doc Status: 
Complete

Section 47-2.2 - Practice requirements/eligibility

47-2.2 Practice requirements/eligibility.

(a) A new pediatric practitioner may be eligible to contract with the Program if the practitioner:

(1) agrees to provide pediatric services full-time in a designated pediatric area;

(2) agrees that the ratio of the practice's target patient population to the total patient population will be equal to or greater than the ratio of the target population in the designated area to the total population in that designated area;

(3) agrees to provide medical care in accordance with accepted medical standards (for example, standards accepted by the American College of Pediatricians);

(4) has the education, training and access to health care facilities to provide pediatric services to the eligible population (or, for a pediatric nurse practitioner, a practice arrangement with a pediatric practitioner who meets such requirements) including:

(i) hospital admitting privileges;

(ii) arrangements for twenty-four hour backup coverage; and

(iii) has purchased medical malpractice insurance from a medical liability insurer; and

(5) is responsible for paying his/her own malpractice insurance premiums or is a member of a partnership or professional corporation which is responsible for paying his/her malpractice insurance premiums.

(b) An additional service obstetric practitioner may be eligible to contract with the Program if the practitioner:

(1) agrees to increase the number of the target population provided comprehensive obstetrical services over the number served preceding the application;

(2) agrees to provide medical care in accordance with accepted medical standards (for example, standards accepted by the American College of Obstetricians and Gynecologists, the American Academy of Family Practitioners, or the American College of Nurse- Midwives);

(3) has the education, training and access to health care facilities to provide obstetric services to the eligible population (or, for obstetric nurse practitioners, a practice arrangement with an obstetric practitioner who meets such requirements) including:

(i) hospital admitting and delivery privileges in a hospital with maternity services or practice privileges in a birth center; and

(ii) arrangements for twenty-four hour backup coverage; and

(iii) has purchased medical malpractice insurance from a medical liability insurer; and

(4) is responsible for paying his/her/their own malpractice insurance premiums or is a member of a partnership or professional corporation which is responsible for paying his/her malpractice insurance premiums.

(c) A disproportionate share obstetric practitioner may be eligible to contract with the Program if the practitioner:

(1) agrees to maintain his/her/their current high number of the target population provided comprehensive obstetrical services: the number of deliveries required to be performed to be considered a group providing a disproportionate share of services is the sum of those required for each individual to be a disproportionate share provider;

(2) agrees to provide medical care in accordance with accepted medical standards (for example, standards accepted by the American College of Obstetricians and Gynecologists, the American Academy of Family Practitioners, or the American College of Nurse- Midwives);

(3) has the education, training and access to health care facilities to provide obstetric services to the eligible population (or for obstetric nurse practitioners, a practice arrangement with an obstetric practitioner who meets such requirements) including:

(i) hospital admitting and delivery privileges in a hospital with maternity services or practice privileges in a birth center;

(ii) arrangements for twenty-four hour backup coverage; and

(iii) has purchased medical malpractice insurance from a medical liability insurer; and

(4) is responsible for paying his/her/their own malpractice insurance premiums or is a member of a partnership or professional corporation which is responsible for paying his/her/their malpractice insurance premiums.
 

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

Section 47-2.3 - Amount of subsidy

47-2.3 Amount of subsidy.

(a) A new pediatric practitioner may receive a subsidy in an amount equal to his/her malpractice insurance premium for the contract period up to a maximum of $10,000.

(b) An additional service obstetric practitioner may receive a subsidy equal to the AOMP for each delivery to a member of the target population during the contract period above the number of deliveries of the target population performed during the calendar year prior to the date of original application, proportioned to the contract period. A maximum of $30,000 per year is allowed per obstetric practitioner in a solo or group practice who qualifies under section 47-2.2(b) which will be prorated for shorter contract periods. The number of deliveries performed by a group practice will be based on the total number performed by all practitioners in the group.

(c) A disproportionate share obstetric practitioner may receive a subsidy equal to the AOMP for each member of the target population delivered during the contract period over the minimum number of deliveries of the target population considered a disproportionate share, proportioned to the contract period. A maximum subsidy of $10,000 per year will be allowed per obstetric practitioner in a solo or group practice who qualifies under section 47-1.2(c) which will be prorated for shorter contract periods. The number of deliveries performed by a group practice will be based on the total number performed by all practitioners in the group.
 

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

Section 47-2.4 - Payment of subsidy

47-2.4 Payment of subsidy.

If a practitioner is a solo practitioner responsible for payment of his/her malpractice insurance premium, such subsidy will be paid directly to the practitioner. If the practitioner is a member of a partnership or professional corporation which is responsible for payment of his/her malpractice insurance premiums, such subsidy will be paid to the partnership or professional corporation.
 

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

Section 47-2.5 - Selection of contractors

47-2.5 Selection of contractors.

(a) Process. Contractors shall be selected based on the criteria described in subdivisions (b) and (c) of this section to the extent funds are available for contracts; however, a practitioner who is not eligible to enroll in the medical assistance program as a Medicaid provider or who is under suspension, exclusion or involuntary withdrawal from participation in the medical assistance program shall not be eligible for a contract under this Part.

(b) Preference. Preference shall be given to practitioners in the following categories in the order of listing:

(1) An additional service obstetric practitioner who has had a contract, satisfactorily met the contract's terms and conditions, and is requesting a second contract.

(2) A new pediatric practitioner who has a new pediatric practitioner contract, satisfactorily met the contract's terms and conditions, and is requesting a second contract.

(3) An additional service obstetric practitioner applying for an initial contract.

(4) A new pediatric practitioner applying for an initial contract.

(5) A disproportionate share obstetric practitioner applying for an initial or additional contract.

(c) Selection criteria. If funds available for the program are not sufficient to cover all eligible applicants within a category listed in subdivision (b) above, then applicants within that category shall be reviewed competitively using the following criteria:

(1) the extent of the practitioner's potential contribution towards increasing covered services available to the target population;

(2) the need for covered services to the target population in the designated area or location;

(3) in the case of an obstetric practitioner, the extent of participation in the New York State Department of Health Prenatal Care Assistance Program;

(4) the extent of participation in a Medicaid managed care program if there is a New York State Department of Social Services approved program in the social services district; and

(5) the demonstrated commitment of the applicant to serve the target population and the education, training or other experience of the applicant to provide obstetric or pediatric services to the target population.
 

Doc Status: 
Complete

Section 47-2.6 - Program administration and process.

47-2.6 Program administration and process.

(a) Applicants shall apply to the New York State Department of Health on such forms and provide such information as the Department determines is necessary to administer the program.

(b) Applicants who are practitioners in an obstetric group practice must submit an application as a group.

(c) To obtain a subsidy, applicants who are selected and approved must enter into a contract with the Department. The contract will include the minimum level of services to be provided, recording requirements, payment schedule and other requirements.
 

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

SubPart 47-3 - DESIGNATION OF UNDERSERVED AREAS

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, sections 901, 903 and 904

Section 47-3.1 - Underserved areas

Section 47-3.1 Underserved areas.

For purposes of Section 903(2)(a) of the Public Health Law, the Resident Loan Repayment Program; Section 903(2)(b) of the Public Health Law, the Physician Loan Repayment Program; and, Section 904 of the Public Health Law, the Primary Care Practitioner Scholarship Program, underserved areas shall be located in New York State and shall include the following:

(a) areas designated by the federal government as a Health Professional Shortage Area;

(b) not-for-profit diagnostic and treatment centers, with an operating certificate issued pursuant to section 401.1 of this Title which serve the medically indigent and Medicaid-eligible persons;

(c) facilities participating in state-supported rural health networks;

(d) programs receiving federal Title 10 funding;

(e) Department of Health approved Prenatal Care Assistance Programs;

(f) facilities or programs supported by the Department of Health Primary Care Services Grant program, pursuant to Section 2807 of the Public Health Law;

(g) school-based clinics providing primary care services;

(h) Department of Health designated AIDS service sites;

(i) state operated facilities;

(j) facilities and service sites operated by county health departments;

(k) sites serving the homeless or Native Americans;

(l) facilities licensed by the Office of Alcoholism and Substance Abuse Services;

(m) managed care plans approved by the Commissioner;

(n) other sites, areas and facilities determined by the Commissioner to have a significant need for additional primary care physicians and primary care practitioners.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

SubPart 47-4 - Resident Loan Repayment Program.

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Sections 901 and 903

Section 47-4.1 - Definitions

Section 47-4.1 Definitions.

(a) "Council" shall mean the New York State Council on Graduate Medical Education.

(b) "Primary Care Medical Training Program" or "Primary Care Residency Program" shall mean a residency program approved by the Council for up weighting of 1.5 under Section 2807-c of the Public Health Law.

(c) "Resident Loan Repayment Recipient" and "Recipient" shall mean an individual who has signed a service agreement to receive a loan repayment award under this Subpart.

(d) "Service Agreement" shall mean the written agreement prepared by the Department of Health and signed by the Resident Loan Repayment Recipient prior to the issuance of an award specifying the terms of the award and the service obligation required.

(e) "Award" shall mean the funds provided under this Subpart during one residency year, for the purpose of repaying some or all of the qualifying debt of the Resident Loan Repayment Recipient.

(f) "Qualifying debt" shall mean any outstanding, unpaid debt incurred by the recipient from loans to cover tuition and other related educational expenses made by, or guaranteed by, the federal or state government, or made by a lending or educational institution approved under Title IV of the Federal Higher Education Act.

(g) "Underserved Area" shall mean a site, area, or facility designated pursuant to section 47-3.1 of this Part.

(h) "License" shall mean a license to practice medicine in New York State issued by the State Education Department.

(i) "Residency year" shall mean the period between July 1 and June 30 of the following year.

(j) "Service Obligation" shall mean the period of time a Resident Loan Repayment Recipient must practice primary care in an underserved area after completion of his/her residency training.

(k) "Service Obligation Start Date" shall mean the date upon which a Resident Loan Repayment Recipient is required to begin practicing primary care in fulfillment of his/her service obligation.

(l) "Rescission" shall mean the withdrawal, cancellation or revocation of an award in accordance with the provisions of section 47-4.4 of this Subpart, after the signing of the service agreement.

(m) "Waiver" shall mean full or partial release by the commissioner of the service obligation and/or financial obligation for repayment of an award incurred or owed by a recipient.

(n) "Deferral" shall mean a delay or temporary suspension of an award payment, service obligation, or any financial obligation for repayment of an award by the recipient, which is granted by the commissioner with no resulting reduction in service or financial obligation.

(o) "Default" shall occur if a recipient has not obtained an approved waiver or deferral and the recipient fails to complete the primary care residency program on which the award is based, or the recipient fails to begin or complete the service obligation within the timeframes prescribed by this Subpart, or an award is rescinded after payment of award monies to the recipient.

(p) "Program Default Rate" shall be equal to the number of residents that have completed residency training in a specific program and have defaulted on their service obligation divided by the total number of recipients that completed training in that program.

(q) "President" shall mean the president of the New York State Higher Education Services Corporation.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-4.2 - Eligibility for an award

47-4.2 Eligibility for an award.

(a) To be eligible to receive a Resident Loan Repayment Program award, an individual must:

(1) be a resident in good standing in the second or third year of residency training in a program that is designated as a Primary Care Residency Program by the Council and which was so designated prior to July 1 of the year in which the individual began such residency training;

(2) have begun his/her Primary Care Residency Program as a first or second year student after January 1, 1994;

(3) be eligible to apply for licensure upon satisfactory completion of his/her residency training, and meet the character and moral standards required for licensure as a physician;

(4) agree to seek licensure in New York State at least four months prior to the anticipated completion of his/her Primary Care Residency Program;

(5) agree to practice primary care in an underserved area for one year for each annual award received;

(6) agree to apply award monies toward repaying all or part of a recipient's qualifying debt; and,

(7) complete, sign, and file an application with the Department of Health on forms specified by the department at least six months prior to the beginning of the residency year for which an award is requested or by a later date specified by the commissioner. All required supplementary documentation shall be filed as directed. Incomplete or illegible applications may be rejected.

(b) An individual will be ineligible to become a Resident Loan Repayment Recipient if:

(1) the individual has received a scholarship or loan for his/her medical education which includes a service obligation that may require service outside of New York State;

(2) the individual is identified by the New York State Higher Education Services Corporation as being in default on the repayment of a guaranteed student loan or as being in default under the terms of any other governmentally administered scholarship or financial aid program and the individual refuses to allow the New York State Higher Education Services Corporation to directly apply the award to the defaulted account(s); or

(3) the individual is in a residency program with a program default rate higher than five percent. However, the Commissioner may waive this provision if less than 30 recipients have completed their training in the program.

(c) To maintain eligibility for an award, the Resident Loan Repayment Recipient must:

(1) be a participant in good standing in the Primary Care Residency Program;

(2) report to the Department of Health and the Higher Education Services Corporation annually and as may be necessary to implement the program on such forms and at such times as required by the Commissioner and the President; and,

(3) provide required documentation regarding qualifying debt.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-4.3 - Awards

47-4.3 Awards.

(a) Award Schedule. Awards shall be made during the second and third year of residency training in a Primary Care Residency Program.

(b) Award. The award shall be up to $15,000 per residency year.

(c) Award payments. Awards shall be paid directly to the recipients who will be required to apply the funding to reduce their qualifying debt.

(d) Payment of awards. Payment of awards shall be subject to the availability of funds.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-4.4 - Award rescissions and deferrals

47-4.4 Award rescissions and deferrals.

(a) An award may be rescinded by the commissioner if:

(1) prior to the full payment of an award, the recipient withdraws from or fails to continue in his/her primary care residency program;

(2) the recipient is convicted of a felony or a lesser offense related to professional activity;

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

(4) the recipient fails to apply award monies received toward repayment of all or part of a recipient's qualifying debt.

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

(c) The commissioner will notify the President of any award rescissions or deferrals.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-4.5 - Service obligation

47-4.5 Service obligation.

(a) Service obligation start date. A recipient is required to begin providing primary care in an underserved area in New York State no later than 60 days after completion of his/her Primary Care Residency Program or obtaining his/her medical license, which ever is later, except that such date shall not exceed four months from completion of residency training.

(b) Practice requirements. A recipient must provide at least 35 hours per week of primary care services for at least 48 weeks per year for each annual award received. If the recipient receives two awards under this Subpart, the service obligations shall run consecutively.

(c) Alternate service. If a recipient fails to satisfactory complete the Primary Care Residency Program or fails to obtain a New York State license to practice medicine, the commissioner may permit the recipient to provide alternate service which involves the provision of health or human services in an underserved area and which is consistent with the intent of the Resident Loan Repayment Program.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-4.6 - Deferral and waiver

47-4.6 Deferral and waiver.

(a) Deferrals. The commissioner may delay or defer the service obligation start date, the service obligation and/or the repayment obligation of a recipient due to extreme hardship, or to permit the recipient to continue training in primary care specifically approved by the commissioner. Extreme hardship includes, but is not limited to, serious illness or injury of the recipient or a member of the recipient s immediate family or other circumstances beyond the control of the recipient that would make it extremely difficult or impossible for the recipient to fulfill the service obligation or repayment requirements.

(b) Waiver. The commissioner may waive all or part of the service obligation and/or any repayment obligation incurred by a recipient due to extreme hardship.

(c) Evidence of hardship. A request for a deferral or waiver of a service or repayment obligation must be submitted in writing on forms prescribed by the Commissioner. The commissioner may request sworn statements and appropriate documentation to support the recipient's request.

(d) Notice. The commissioner will notify the President of any service or repayment obligation deferrals or waivers.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-4.7 - Default

47-4.7 Default.

(a) A recipient shall be placed in default if he/she has not been granted a deferral or waiver by the Commissioner, and:

(1) the recipient fails to complete the primary care residency program, or

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

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

(4) an award is rescinded after dispersal of monies to a recipient.

(b) Calculation of financial obligation. A recipient found to be in default will be required to pay the President, 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

where "A" is the amount the President is entitled to receive; "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. The total number of months in the recipient's period of obligated service is calculated by multiplying by twelve the number of annual awards received by the recipient.

(c) The 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 22, 1997
Doc Status: 
Complete

Section 47-4.8 - Administration

47-4.8 Administration.

(a) Acceptance and service agreement. Prior to being certified for payment, a recipient 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 in the event of rescission or default.

(b) A recipient is required to comply with all administrative and reporting requirements of the Department of Health and the Higher Education Services Corporation.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

SubPart 47-5 - Physican Loan Repayment Program

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Sections 901 and 903

Section 47-5.1 - Definitions

Section 47-5.1 Definitions.

(a) "Underserved area" shall mean a site, area or facility designated under section 47-3.1 of this Part.

(b) "Recipient" shall mean a physician who has signed a service agreement pursuant to this Subpart agreeing to practice medicine in an underserved area.

(c) "Service agreement" shall mean the written agreement prepared by the Department of Health and signed by a recipient specifying the terms of the award and service obligation. Each agreement will require a minimum two-year service obligation.

(d) "Award" shall mean the funds, provided under this Subpart on an annual basis, for the purpose of repaying some or all of the qualifying debt of the recipient.

(e) "Qualifying debt" shall mean any outstanding, unpaid debt incurred by the recipient for loans to cover tuition and other related educational expenses made by, or guaranteed by, the federal or state government, or made by a lending or educational institution approved under Title IV of the federal higher education act;

(f) "License" shall mean a license to practice medicine in New York State issued by the State Education Department.

(g) "Service obligation" shall mean the period of time a recipient must practice in an underserved area.

(h) "Rescission" shall mean the withdrawal, cancellation or revocation of an award in accordance with the provisions of section 47-5.4 of this Subpart, after the signing of a service agreement.

(i) "Waiver" shall mean full or partial release by the Commissioner of the service obligation and/or financial obligation for repayment of an award incurred or owed by a recipient;

(j) "Deferral" shall mean a delay or temporary suspension granted by the Commissioner of an award payment, service obligation, or any financial obligation for repayment of an award by the recipient, with no resulting reduction in service or financial obligation;

(k) "Default" shall occur if the recipient has not received an approved deferral or waiver and the recipient is not available to fulfill his/her service obligation on the start date, the recipient fails to complete the service obligation, or the award is rescinded after payment of monies to the recipient.

(l) "President" shall mean the President of the New York State Higher Education Services Corporation.

(m) "Primary care physician" means a physician specialist in the field of family practice, general pediatrics, primary care internal medicine, or primary care obstetrics and gynecology who provides or arranges for coordinated primary care services.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-5.2 - Physician eligibility

47-5.2 Physician eligibility.

(a) Eligibility. To be eligible to receive a Physician Loan Repayment Program award, a physician must:

(1) be a primary care physician, emergency medicine physician or other physician specialist determined by the Commissioner to be in short supply;

(2) be licensed in New York;

(3) agree to practice in an underserved area for a minimum of two years;

(4) agree to apply award monies received toward repaying all or part of recipient's qualifying debt; and,

(5) complete, sign, and file an application with the Department on such forms and within such timeframes specified by the Department. All required supplementary documentation shall be filed as directed. Incomplete or illegible applications may be rejected.

(b) A physician may be eligible for a maximum of four annual awards.

(c) Ineligibility. A physician will be ineligible for an award if:

(1) the physician has a service obligation to the federal government or other entity which could require service outside of New York State;

(2) the physician is fulfilling a service obligation under the Regents Physician Loan Forgiveness Program or a federally-funded loan repayment program for the period for which a Physician Loan Repayment Program Award is requested; or

(3) the physician is in default on the repayment of a guaranteed student loan or in default under the terms of any other governmentally administered scholarship or financial aid program and the individual refuses to allow the New York State Higher Education Services Corporation to directly apply the award to the defaulted account(s).

(d) Selection criteria. The Department of Health shall consider the following factors in selecting recipients:

(1) the need for a physician specializing in the same specialty as the applicant in the underserved area where the applicant proposes to fulfil his/her service obligation;

(2) prior experience in serving the medically indigent or other underserved populations; and

(3) appropriateness of the applicant s education and training to meet the needs of the underserved area in which the applicant proposes to fulfil his/her service obligation.

(e) Number. The Department of Health shall award up to 100 new awards per year.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-5.3 - Awards

47-5.3 Awards.

(a) Award Amount. Physicians who agree to practice in an underserved area for two years and meet the other eligibility requirements under this Subpart shall be eligible for awards of up to $15,000 per year during their first and second year of practice in such area. Recipients who agree to practice in an underserved area for an additional two years and meet the other eligibility requirements under this Subpart shall be eligible for awards of up to $20,000 per year in their third and fourth years of practice in such area.

(b) Award Payments. Awards shall be paid directly to the recipient who will be required to apply the funds to pay off qualifying debt.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-5.4 - Award rescissions and deferrals

47-5.4 Award rescissions and deferrals.

(a) An award may be rescinded by the Commissioner if:

(1) prior to payment of an award, the recipient withdraws from the program or fails to begin his/her service obligation in an underserved area;

(2) the recipient is convicted of a felony or a lesser offense related to professional activity;

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

(4) the recipient fails to apply award monies received toward repayment of all or part of his/her qualifying debt.

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

(c) The Commissioner will notify the President of any award rescissions or deferrals.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-5.5 - Service obligation

47-5.5 Service obligation.

(a) Period. A recipient shall agree to practice for a minimum of two consecutive years in an underserved area. A recipient shall provide at least 40 hours of service per week for at least 48 weeks per year.

(b) Start date. A recipient is required to begin practice in an underserved area within 90 days of signing a service agreement.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-5.6 - Deferrals and waivers

47-5.6 Deferrals and waivers.

(a) Deferral. The Commissioner may delay or defer the service obligation start date, the service obligation, and/or the repayment obligation of a recipient due to extreme hardship. Extreme hardship includes, but is not limited to, serious illness or injury of the recipient or a member of the recipient s immediate family or other circumstances beyond the control of the recipient that would make it extremely difficult or impossible for the recipient to fulfill the service obligation or repayment requirements.

(b) Waiver. The Commissioner may waive all or part of the service obligation and/or any repayment obligation incurred by a recipient due to extreme hardship.

(c) Prescribed forms. A request for a deferral or waiver of a service obligation and/or repayment obligation must be submitted in writing on forms prescribed by the Commissioner. The commissioner may request sworn statements andappropriate documentation to support the recipient's request.

(d) The commissioner shall notify the President of any service and/or repayment obligation deferrals or waivers.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-5.7 - Default

47-5.7 Default.

(a) Default. A recipient shall be placed in default if he/she has not been granted a waiver or deferral by the Commissioner and:

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

(2) the recipient fails, refuses or is unable to fulfill his/her service obligation; or

(3) an award is rescinded after dispersal of award monies to the recipient.

(b) Dismissal. A recipient who is dismissed from employment or discontinues practice at the location of his/her service obligation, shall contact the Department of Health within 30 days of dismissal or discontinuance. The Commissioner may reassign the recipient to an alternate underserved area. A recipient who is reassigned shall resume his/her service obligation at the alternate location within 90 days of the dismissal or discontinuance. A recipient who is reassigned and who fails to resume his/her service obligation at the alternate location within 90 days of dismissal or discontinuance shall be placed in default.

(c) Calculation of financial obligation. An individual found to be in default will be required to pay the President, 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

where "A" is the amount the President is entitled to receive; "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. The minimum number of months in the recipient's period of obligated service shall be 24 months.

(d) The 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 22, 1997
Doc Status: 
Complete

Section 47-5.8 - Administration

47-5.8 Administration.

(a) Prior to being certified for an award payment, a recipient 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 in the event of rescission or default.

(b) A recipient is required to comply with all administrative and reporting requirements of the Department of Health and the Higher Education Services Corporation.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

SubPart 47-6 - Primary Care Practitioner Scholarship Program

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Sections 901 and 904

Section 47-6.1 - Definitions

Section 47-6.1 Definitions.

(a) "Primary Care Practitioner Scholarship Program" shall be known as the Primary Care Service Corps.

(b) "Primary care practitioner" shall mean a midwife, nurse practitioner, or physician assistant who is licensed, registered or certified by the appropriate governing agency to practice in New York State and who provides or arranges for coordinated primary care services.

(c) "Underserved area" shall mean an area, site or facility designated pursuant to section 47-3.1 of this Subpart.

(d) "Primary care practitioner program" shall mean a full or part-time graduate, undergraduate or certificate course of study, approved or registered by the regents or a program registered by the Department of Education or determined by the Department of Education to be equivalent, and which an individual is required to complete in order to become licensed, registered, or certified as a primary care practitioner.

(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 student taking at least 12 credits or their equivalent, except that in the final semester of study the student must take sufficient credits or their equivalent in order to complete training, but not fewer than six credits.

(g) "Part-time enrollment" shall mean matriculation as a student taking at least six credits but fewer than twelve or their equivalent per semester, except if the student is enrolled full time and in the final semester.

(h) "Recipient" shall mean an individual who has signed a service agreement to receive a scholarship award under the Primary Care Service Corps program in return for a service obligation.

(i) "Service agreement" shall mean the written agreement prepared by the Department of Health to be signed by a recipient, prior to issuance of an award, specifying the terms of the award and the service obligation required.

(j) "Scholarship award" shall mean the sum of the Primary Care Service Corps funds paid to, or on behalf of, a recipient under this Subpart during one academic year. An award shall not exceed the cost of attendance which shall mean tuition, required fees, books, transportation, and room and board; nor shall it exceed $15,000 for full-time study or $7,500 for part-time study; nor shall any combination exceed $15,000 annually.

(k) "Effective date" shall mean the beginning date of the first semester for which the recipient has received a Primary Care Service Corps scholarship.

(l) "Service obligation" shall mean the period of time a Recipient is required to provide primary care in an underserved area designated pursuant to section 47-3.1 of this Subpart.

(m) "Alternative service" shall mean work in a health facility in an underserved area as a paraprofessional or in a profession other than the one for which the award was given in fulfillment of the service obligation.

(n) "Reporting date" shall mean the date upon which a recipient is required to begin employment in fulfillment of the service obligation.

(o) "Rescission" shall mean the withdrawal, cancellation or revocation of an award in accordance with the provisions of section 47-6.5 of this Subpart, after the signing of the service agreement.

(p) "Waiver" shall mean full or partial release granted by the Commissioner of Health of the service obligation and/or any financial obligation for repayment of scholarship award monies incurred or owed by a recipient.

(q) "Deferral" shall mean a delay or temporary suspension granted by the Commissioner of an award payment and/or a service obligation and/or any financial obligation for repayment of award monies incurred by a recipient, with no resulting reduction in service obligation or financial obligation.

(r) "Default" shall occur if a recipient has not received a waiver or deferral from the Commissioner and the recipient fails to complete the program of study, the recipient is not available to fulfill his/her service obligation on the reporting date, the recipient fails to complete his/her service obligation within the time prescribed by the Commissioner of Health, or a scholarship award is rescinded pursuant to section 47-6.5(a) of this Subpart, after dispersal of scholarship monies to, or on behalf of, the recipient.

(s) "President" shall mean the president of the New York State Higher Education Services Corporation.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-6.2 - Eligibility for an award

47-6.2 Eligibility for an award.

(a) To be eligible for Primary Care Service Corps scholarship award, an individual must:

(1) show evidence of enrollment or acceptance for full- time study or part-time study in a primary care practitioner program. 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 enrollment or acceptance into a primary care practitioner program.

(2) be within 24 months of completing the program of study on a full-time basis or be within 48 months of completing the program of study on a part-time basis;

(3) be eligible to apply for licensure, registration or certification, as appropriate, in the profession of study after completion of the primary care practitioner program;

(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) be a New York State resident;

(6) meet the character and moral standards required for licensure registration or certification, as appropriate; and

(7) complete, sign and file an application with the Department of Health on such forms as are specified by the Department at least 90 days prior to the beginning of the semester for which an award is sought or by a later date specified by the Commissioner. All required supplementary documentation shall 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 Primary Care Service Corps scholarship 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 identified by Higher Education Services Corporation as having defaulted on the repayment of a guaranteed student loan or as being in default under the terms of any other governmentally administered scholarship or financial aid program.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-6.3 - Selection of recipients

47-6.3 Selection of recipients.

(a) Process. The Commissioner of Health shall select recipients based on the criteria and preferences described in subdivisions (b) and of this section.

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

(1) holders of a prior Primary Care Service Corps scholarship award who have maintained an acceptable academic performance;

(2) a New York State resident attending or planning to attend a New York State primary care practitioner program;

(3) a New York State resident attending or planning to attend a primary care practitioner program located out- of-state.

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

(1) the need, as determined the Commissioner of Health, for an individual(s) qualified to practice the profession for which a scholarship is being sought in the underserved areas of the 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 underserved populations;

(4) work experience relevant to the chosen health profession;

(5) work or volunteer experience with underserved populations or in underserved areas;

(6) demonstrated interest or commitment to working with underserved populations or in underserved areas;

(7) civic or community awards and honors; and

(8) special skills or abilities, background or experience which will facilitate working with underserved populations or in underserved areas.

(d) Number of awards. The Commissioner of Health shall make as many awards as available funding permits. The Commissioner of Health may make fewer awards than available funding permits if it is determined that there are not a sufficient number of eligible applicants who meet minimum qualifications, based on such criteria as those listed in subdivision (c) of this section.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-6.4 - Maintaining eligibility for an award

47-6.4 Maintaining eligibility for an award.

(a) Continuous enrollment. Award recipients must be continuously enrolled either part-time or full-time in consecutive academic years and be 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.

(b) Transfers. An award recipient who transfers to another primary care practitioner program may continue to be eligible for an award if:

(1) the recipient notifies the Commissioner prior to the transfer;

(2) the recipient continues training in a primary care practitioner program in the profession for which the award was granted; and

(3) the transfer does not increase the total period of training beyond that which is allowed by this Subpart.

(c) Reporting requirements. Award recipients must report to the Department of Health and the Higher Education Services Corporation at least annually and as may be necessary to implement the program on such forms and at such times as required by the Commissioner and the President.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-6.5 - Award rescission and deferrals

47-6.5 Award rescission and deferrals.

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

(1) prior to full payment of an award, the recipient withdraws from the primary care practitioner program or otherwise fails to maintain enrollment;

(2) prior to full payment of an award, the recipient fails to maintain good academic standing;

(3) the recipient is convicted of any felony or a lesser offense related to professional activity; or

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

(b) If, prior to full payment of an award, the recipient fails to complete and return a payment application and any required supplementary documentation as required by the Higher Education Services Corporation or fails to report to the Higher Education Services Corporation and the Department of Health at least annually and as may be necessary to implement the program on such forms and at such times as required by the President and the Commissioner, the Commissioner may deny full or partial payment of an award.

(c) Award deferral. An award may be postponed or deferred temporarily by the Commissioner because of one or more of the conditions described in subdivisions (a) and (b) of this section if the Commissioner determines that the condition will be corrected within a reasonable time or that the circumstances warrant a deferral rather than a rescission.

(d) The Commissioner will notify the President of any award rescissions or deferrals.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-6.6 - Service obligation

47-6.6 Service obligation.

(a) Service obligation. A recipient is required to practice in an underserved area in the profession for which he/she received an award for a period of 18 months for each annual award received for full-time study. A recipient is required to practice in an underserved area in the profession for which he/she received an award for a period of 9 months for each annual award received for part-time study. However, in no case shall the total number of months of service be less than 18. If a recipient receives more than one award, the service obligations for such awards shall run consecutively.

(b) Practice requirements. A recipient must agree to the following practice requirements:

(1) provide primary care services in an underserved area;

(2) work in a practice site that accepts payment on behalf of beneficiaries of Title XVIII of the federal Social Security Act (Medicare) and individuals eligible for medical assistance pursuant to Title 11 of article five of the Social Services law; and

(3) provide thirty-five hours per week of direct patient care in the underserved area.

(c) Reporting date. A recipient is required to begin his/her service obligation within 60 days of either completing the education for which he/she has received a Primary Care Service Corps scholarship award, or receiving a license or becoming registered or certified, as appropriate, in that profession, whichever occurs later, except that the reporting date shall not exceed:

The number of months from the effective date as determined by the following formula:

M = (Y x 12) + 6

where "M" is the maximum number of months from the effective date of the award by which a recipient must begin the service obligation; "Y" is the number of years in which funding is received.

(1) 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.

(d) Alternative service. In the event a recipient fails to qualify for licensure, registration or certification, as appropriate, or is unable to fulfill the service obligation in the profession for which the Primary Care Service Corps scholarship award is given, the Commissioner may permit the individual to provide alternative service which would meet the intent of the public service obligation.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-6.7 - Service obligation: deferrals and waivers

47-6.7 Service obligation: deferrals and waivers.

(a) Service deferral. The Commissioner may delay or defer the reporting date, the service obligation and/or the repayment obligation incurred by a recipient due to extreme hardship, or the Commissioner may defer the reporting date for a recipient who is unavailable because the recipient is completing the program of study for which a scholarship award was given. Extreme hardship includes, but is not limited to: serious illness or injury of the recipient or a member of the recipient s immediate family and other circumstances beyond the control of the recipient that would make it extremely difficult or impossible for the recipient to fulfill the service obligation or repayment requirements.

(b) Waiver. The Commissioner may waive all or part of the service obligation and/or any repayment obligation incurred by a recipient because of extreme hardship.

(c) Evidence of hardship. A request for deferral or waiver shall be submitted on forms prescribed by the Department of Health. The Commissioner may require that sworn statements and appropriate documentation be submitted to support the recipient's claim.

(d) The Commissioner will notify the President of any service and/or repayment obligation deferrals or waivers.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 47-6.8 - Default

47-6.8 Default.

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

(1) the recipient fails to complete a primary care practitioner program;

(2) the recipient is not available to begin the service obligation on the reporting date;

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

(4) the scholarship award is rescinded pursuant to section 47-6.5(a) of this Subpart, after dispersal of scholarship monies to, or on behalf of, the recipient.

(b) Calculation of financial obligation. An individual found to be in default will be required to pay the President, 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

where "A" is the amount the President is entitled to recover; "B" is the sum of all payments made to, or on behalf of, 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) The 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 22, 1997
Doc Status: 
Complete

Section 47-6.9 - Administration

47-6.9 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 in the event of rescission or default.

(b) A recipient is required to comply with all administrative and reporting requirements established by the Department of Health and the Higher Education Services Corporation.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete