Bill Text: NY S05817 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to creating the veterinarians across rural New York state student loan repayment fund for certain veterinarians that make a two year commitment to practice in a tract or county defined by the health resources and services administration as being "rural" or eligible for a rural health grant.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-05-15 - REFERRED TO HEALTH [S05817 Detail]

Download: New_York-2019-S05817-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5817

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 15, 2019
                                       ___________

        Introduced  by Sens. METZGER, RITCHIE -- 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  creating  the
          veterinarians across rural New York state student loan repayment fund

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Article 29-I and section 2999-gg of the public  health  law
     2  are renumbered article 29-H and section 2999-ff, respectively, and a new
     3  article 29-I is added to read as follows:
     4                                ARTICLE 29-I
     5    VETERINARIANS ACROSS RURAL NEW YORK STATE STUDENT LOAN REPAYMENT FUND
     6  Section 2999-gg. Creation of fund and cooperating agencies.
     7          2999-hh. Administration of funds.
     8          2999-ii. Administration agreement.
     9          2999-jj. Responsibilities upon effective date of agreement.
    10          2999-kk. Documentation.
    11          2999-ll. Participating professionals.
    12          2999-mm. Compensation.
    13          2999-nn. Continued qualification.
    14          2999-oo. Payment cap adjustments.
    15          2999-pp. Conditions barring participation.
    16          2999-qq. Minimum qualifications for participation.
    17          2999-rr. Application criteria.
    18          2999-ss. Payments and default.
    19    §  2999-gg. Creation of fund and cooperating agencies. The department,
    20  within amounts appropriated, shall establish  the  veterinarians  across
    21  rural  New  York  state student loan repayment fund, in association with
    22  the  empire  state  development  corporation  and  the  office  of   the
    23  professions.  Funds shall be transferred by the commissioner of taxation
    24  and finance to the department  for  use  as  described  herein.  Similar

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10719-01-9

        S. 5817                             2

     1  existing programs, if any, shall be altered or eliminated to accommodate
     2  and complement the program described herein.
     3    § 2999-hh. Administration of funds. Monies in the fund shall be:
     4    1.  held  by  the  department  pursuant  to this article as custodian,
     5  pursuant to an agreement with the commissioner of taxation and  finance,
     6  the  office  of the professions, and the empire state development corpo-
     7  ration, until transferred pursuant to this article; and
     8    2. invested by the department in accordance with the investment guide-
     9  lines of the comptroller during said custodial  period.  All  investment
    10  income shall be credited to, and shall be deposited in such fund.
    11    §  2999-ii. Administration agreement. The commissioner of taxation and
    12  finance, the office of the professions,  the  empire  state  development
    13  corporation,  and  the department shall enter into an agreement, subject
    14  to the approval of the director of the budget, for the purpose of admin-
    15  istering the fund. A copy of such agreement, and any amendments thereto,
    16  shall be provided to the chair of  the  senate  finance  committee,  the
    17  director  of  the division of budget, and the chair of the assembly ways
    18  and means committee. The agreement shall  specify  that  the  department
    19  shall  administer  the  fund in a manner that will benefit the public by
    20  encouraging the  availability  of  professional  service  providers,  in
    21  compliance  with  all  applicable  laws,  rules,  regulations  and other
    22  requirements.
    23    § 2999-jj. Responsibilities upon effective date of agreement. Upon the
    24  effective date of the agreement, custody of, and responsibility for, the
    25  fund shall be taken up by the department, subject to the requirements of
    26  its agreement with the commissioner of  taxation  and  finance  and  the
    27  empire  state development corporation. Such agreement shall include, but
    28  not be limited to, the following provisions:
    29    1. the department shall be responsible for the receipt, management and
    30  expenditure of monies held in the fund;
    31    2. the department shall maintain books and records pertaining  to  all
    32  monies  received  and  disbursed pursuant to this section and the agree-
    33  ment;
    34    3. monies in such fund shall be utilized for the purpose of  providing
    35  student loan repayment funding to qualifying professionals;
    36    4.  participating  professionals  shall  be  chosen  by the department
    37  through an application process approved by the  department,  the  empire
    38  state development corporation, and the comptroller;
    39    5. the department shall report quarterly on transactions pertaining to
    40  the  fund in a form and manner specified by the comptroller in consulta-
    41  tion with the commissioner of taxation and finance, and the empire state
    42  development corporation, including but not  limited  to:    receipts  or
    43  deposits  to  the  fund, disbursements, loans or credit enhancement made
    44  from the fund, investment income, and the balance on hand as of the  end
    45  of the month for each such quarter;
    46    6. the department shall be required to invest monies on deposit in the
    47  fund  in  accordance with investment guidelines meeting the requirements
    48  of the comptroller, and all investment income shall be credited  to  the
    49  fund,  and  spent  therefrom  only  for  the  purposes set forth in this
    50  section;
    51    7. fund monies shall be held in trust and  used  for  the  benefit  of
    52  participating professionals; and
    53    8.  any  other  term  or condition as determined by the department, in
    54  consultation with the commissioner  of  taxation  and  finance  and  the
    55  empire state development corporation.

        S. 5817                             3

     1    §  2999-kk. Documentation. Payments from the fund shall be made pursu-
     2  ant to a written agreement between the department and the  participating
     3  professional,  specifying the terms of the payments. The agreement shall
     4  be in such form and content as shall be acceptable  to  the  comptroller
     5  and  department,  and  may  include  such  further written documentation
     6  and/or agreements as shall be required in  the  judgment  of  the  comp-
     7  troller  and  department.  Terms may include rescission of payments if a
     8  participating professional does not comply  with  this  section  or  the
     9  terms of the participating professional's agreement with the department.
    10    §  2999-ll.  Participating  professionals. The following professionals
    11  shall be eligible to receive the benefits of this fund:
    12    1. veterinarians, provided they make a two year commitment to practice
    13  in a tract or county defined by the health resources and services admin-
    14  istration as being "rural" or eligible for a rural health grant;
    15    2. veterinarians whose practice is  at  least  fifty  percent  equine,
    16  provided they make a two year commitment to practice in a tract or coun-
    17  ty  defined by the health resources and services administration as being
    18  "rural" or eligible for a rural health grant;
    19    3. veterinarians whose practice is at least fifty percent beef cattle,
    20  provided they make a two year commitment to practice in a tract or coun-
    21  ty defined by the health resources and services administration as  being
    22  "rural" or eligible for a rural health grant;
    23    4.  veterinarians  whose  practice  is  at  least  fifty percent dairy
    24  animals, including goats, provided they make a two  year  commitment  to
    25  practice  in  a  tract  or  county  defined  by the health resources and
    26  services administration as being "rural" or eligible for a rural  health
    27  grant; and
    28    5.  veterinarians  whose  practice  is  at  least fifty percent swine,
    29  provided they make a two year commitment to practice in a tract or coun-
    30  ty defined by the health resources and services administration as  being
    31  "rural" or eligible for a rural health grant.
    32    §  2999-mm. Compensation. Participating professionals shall be compen-
    33  sated in the form of payments against their student loans  made  in  the
    34  following amounts:
    35    1.  fifty  percent  of total qualifying debt annually, up to a maximum
    36  annual amount of ten  thousand  dollars,  for  professionals  listed  in
    37  subdivision  one  of  section twenty-nine hundred ninety-nine-ll of this
    38  article;
    39    2. fifty percent of total qualifying debt annually, up  to  a  maximum
    40  annual  amount of fourteen thousand dollars, for professionals listed in
    41  subdivision two of section twenty-nine hundred  ninety-nine-ll  of  this
    42  article;
    43    3.  fifty  percent  of total qualifying debt annually, up to a maximum
    44  annual amount of fourteen thousand dollars, for professionals listed  in
    45  subdivision  three of section twenty-nine hundred ninety-nine-ll of this
    46  article;
    47    4. fifty percent of total qualifying debt annually, up  to  a  maximum
    48  annual  amount of fourteen thousand dollars, for professionals listed in
    49  subdivision four of section twenty-nine hundred ninety-nine-ll  of  this
    50  article; and
    51    5.  fifty  percent  of total qualifying debt annually, up to a maximum
    52  annual amount of fourteen thousand dollars, for professionals listed  in
    53  subdivision  five  of section twenty-nine hundred ninety-nine-ll of this
    54  article.
    55    § 2999-nn.  Continued  qualification.  Provided  that  a  professional
    56  continues to qualify for this program after two years, then loan payment

        S. 5817                             4

     1  amounts  will  be  the  balance of any qualifying debt up to the maximum
     2  amounts listed in section twenty-nine  hundred  ninety-nine-mm  of  this
     3  article.
     4    §  2999-oo.  Payment cap adjustments. Participating professionals with
     5  demonstrable training or skill in any of the following areas, will  have
     6  the maximum annual payment amount raised by two thousand dollars:
     7    1. anesthesia;
     8    2. animal welfare;
     9    3. animal behavior;
    10    4. dentistry;
    11    5. dermatology;
    12    6. emergency or critical care;
    13    7. internal medicine, particularly cardiology, neurology, or oncology;
    14    8. laboratory animal medicine;
    15    9. microbiology;
    16    10. nutrition, provided that training is in excess of that received as
    17  part  of the professional's initial degree or degree in veterinary medi-
    18  cine;
    19    11. ophthalmology;
    20    12. pathology;
    21    13. pharmacology;
    22    14. the care of poultry;
    23    15. preventative medicine and biosecurity;
    24    16. radiology;
    25    17. sports medicine and rehabilitation;
    26    18. surgery, particularly orthopedics or soft tissue;
    27    19. theriogenology; or
    28    20. toxicology.
    29    § 2999-pp. Conditions  barring  participation.  Participating  profes-
    30  sionals must not:
    31    1. have any outstanding service obligations to the federal government,
    32  state, or other entity; or
    33    2.  have  any  judgment  liens arising from federal or state debt, and
    34  must not be delinquent in child support payments.
    35    § 2999-qq. Minimum  qualifications  for  participation.  Participating
    36  professionals must possess a fully-executed employment contract, or must
    37  be  able  to submit sufficient evidence of intent to establish a private
    38  practice and subsequently do so, and must possess all licenses  required
    39  to  practice  their  chosen profession in the state of New York. Partic-
    40  ipating professionals must also be a United States citizen or  permanent
    41  resident,  and  become  a legal resident of New York state within ninety
    42  days of beginning employment.
    43    § 2999-rr. Application criteria. The agencies involved in this program
    44  may establish  additional  application  criteria  at  their  discretion,
    45  provided that such criteria does not narrow the availability of funds or
    46  conflict  with  the  intent of this article. Additional criteria such as
    47  those used in section 4.3 of the primary care service corps may  not  be
    48  applied to this program.
    49    §  2999-ss.  Payments  and  default.  Total  annual  payments shall be
    50  disbursed in equal amounts on a monthly basis.    1.  In  the  event  of
    51  default  by  a participating professional, within one year of defaulting
    52  the participating professional shall repay the state  of  New  York  the
    53  greater  of either thirty-one thousand dollars, or the value of the past
    54  seven months of loan payments made by the state on behalf of the partic-
    55  ipating professional. The  outstanding  balance  after  one  year  shall
    56  accrue  interest  at  a  rate equal to that owed on underpayments of New

        S. 5817                             5

     1  York state income tax. Uncollectable amounts will be referred to the New
     2  York state attorney general's office for possible legal action.
     3    2.  Where  default  results  from an action made by the department the
     4  participating professional will not be penalized.
     5    § 2. This act shall take effect on the ninetieth day  after  it  shall
     6  have  become  a  law;  provided however, that effective immediately, the
     7  addition, amendment and/or repeal of any rule  or  regulation  necessary
     8  for  the implementation of this act on its effective date are authorized
     9  to be made and completed on or before such effective date.
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