S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1468
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health law, in relation to  establishing  the
         nurse loan repayment program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 2807-m of the  public  health  law  is  amended  by
    2  adding a new subdivision 5-c to read as follows:
    3    5-C.  REGISTERED  NURSE  LOAN REPAYMENT PROGRAM. (A) BEGINNING JANUARY
    4  FIRST, TWO THOUSAND FOURTEEN, THE  COMMISSIONER  IS  AUTHORIZED,  WITHIN
    5  AMOUNTS  AVAILABLE  PURSUANT  TO  SUBDIVISION FIVE-A OF THIS SECTION, TO
    6  MAKE LOAN REPAYMENT AWARDS:
    7    (I) TO REGISTERED PROFESSIONAL  NURSES  OR  OTHER  LICENSED  PRACTICAL
    8  NURSES  SPECIALITIES  DETERMINED  BY  THE  COMMISSIONER  TO  BE IN SHORT
    9  SUPPLY, LICENSED TO PRACTICE NURSING PURSUANT  TO  ARTICLE  ONE  HUNDRED
   10  THIRTY-NINE  OF  THE  EDUCATION  LAW, WHO AGREE TO PRACTICE FOR AT LEAST
   11  FIVE YEARS IN AN UNDERSERVED AREA OR NURSING HOME, AS DETERMINED BY  THE
   12  COMMISSIONER.   SUCH REGISTERED PROFESSIONAL NURSE OR LICENSED PRACTICAL
   13  NURSE SHALL BE ELIGIBLE FOR A LOAN REPAYMENT AWARD OF UP TO ONE  HUNDRED
   14  FIFTY  THOUSAND  DOLLARS OVER A FIVE YEAR PERIOD DISTRIBUTED AS FOLLOWS:
   15  FIFTEEN PERCENT OF TOTAL LOAN DEBT NOT TO EXCEED TWENTY THOUSAND DOLLARS
   16  FOR THE FIRST YEAR; FIFTEEN PERCENT OF TOTAL LOAN  DEBT  NOT  TO  EXCEED
   17  TWENTY-FIVE  THOUSAND  DOLLARS  FOR  THE  SECOND YEAR; TWENTY PERCENT OF
   18  TOTAL LOAN DEBT NOT TO EXCEED THIRTY-FIVE THOUSAND DOLLARS FOR THE THIRD
   19  YEAR;  AND  TWENTY-FIVE  PERCENT  OF  TOTAL  LOAN  DEBT  NOT  TO  EXCEED
   20  THIRTY-FIVE  THOUSAND DOLLARS PER YEAR FOR THE FOURTH AND FIFTH YEARS OF
   21  PRACTICE IN SUCH AREA; AND
   22    (II) TO GENERAL HOSPITALS AND OTHER HEALTH CARE PROVIDERS TO  ADMINIS-
   23  TER  AS  PART OF THEIR RECRUITMENT PACKAGES; PROVIDED THE LOAN REPAYMENT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02843-01-3
       S. 1468                             2
    1  AWARDS SHALL BE ADMINISTERED CONSISTENT  WITH  THE  PROVISIONS  OF  THIS
    2  SUBDIVISION.
    3    (B)  LOAN  REPAYMENT AWARDS MADE TO A REGISTERED PROFESSIONAL NURSE OR
    4  LICENSED PRACTICAL NURSE PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVISION
    5  SHALL NOT EXCEED THE TOTAL QUALIFYING OUTSTANDING DEBT OF THE REGISTERED
    6  PROFESSIONAL  NURSE  OR  LICENSED  PRACTICAL NURSE FROM STUDENT LOANS TO
    7  COVER TUITION AND OTHER RELATED EDUCATIONAL EXPENSES, MADE BY OR GUARAN-
    8  TEED BY THE FEDERAL OR STATE GOVERNMENT, OR MADE BY A LENDING OR  EDUCA-
    9  TIONAL  INSTITUTION APPROVED UNDER TITLE IV OF THE FEDERAL HIGHER EDUCA-
   10  TION ACT.  LOAN REPAYMENT AWARDS SHALL BE  USED  SOLELY  TO  REPAY  SUCH
   11  OUTSTANDING DEBT.
   12    (C)  ANY RECIPIENT OF FUNDS PURSUANT TO THIS SUBDIVISION WHO PRACTICES
   13  LESS THAN TWO YEARS IN AN UNDERSERVED AREA OR NURSING  HOME,  AS  DETER-
   14  MINED  BY  THE COMMISSIONER, SHALL REPAY ALL FUNDS PAID IN AMOUNTS TO BE
   15  DETERMINED BY THE COMMISSIONER PURSUANT TO THIS SUBDIVISION,  AND  SHALL
   16  NO  LONGER  BE  ELIGIBLE FOR FUTURE PAYMENTS UNDER THIS SUBDIVISION. THE
   17  RATE OF INTEREST APPLIED SHALL BE DETERMINED BY  THE  COMMISSIONER,  BUT
   18  WILL  NOT  BE  LESS THAN THE RATE OF INTEREST SET BY THE COMMISSIONER OF
   19  TAXATION AND FINANCE WITH RESPECT TO UNDERPAYMENTS  OF  PERSONAL  INCOME
   20  TAX PURSUANT TO SECTION SIX HUNDRED EIGHTY-FOUR OF THE TAX LAW.
   21    (D)  THE  COMMISSIONER  IS AUTHORIZED TO APPLY ANY FUNDS AVAILABLE FOR
   22  PURPOSES OF PARAGRAPH (A) OF THIS SUBDIVISION FOR USE AS MATCHING  FUNDS
   23  FOR FEDERAL GRANTS FOR THE PURPOSE OF ASSISTING STATES IN OPERATING LOAN
   24  REPAYMENT  PROGRAMS  PURSUANT TO SECTION THREE HUNDRED THIRTY-EIGHT I OF
   25  THE PUBLIC HEALTH SERVICE ACT.
   26    (E) THE COMMISSIONER MAY, IN HIS OR  HER  SOLE  DISCRETION,  POSTPONE,
   27  CHANGE  OR WAIVE THE SERVICE OBLIGATION SET FORTH IN SUBPARAGRAPH (I) OF
   28  PARAGRAPH (A) OF THIS SUBDIVISION.
   29    S 2. This act shall take effect immediately.