PRINTER'S NO. 3929
No. 2614 Session of 2006
INTRODUCED BY PISTELLA, DeWEESE, BELARDI, BELFANTI, BISHOP,
CALTAGIRONE, CAWLEY, DeLUCA, DIVEN, FABRIZIO, FREEMAN,
GINGRICH, GRUCELA, JAMES, KOTIK, MARKOSEK, PALLONE, PARKER,
PETRONE, READSHAW, SATHER, SEMMEL, SIPTROTH, B. SMITH,
SOLOBAY, THOMAS, WALKO, WOJNAROSKI AND YOUNGBLOOD,
APRIL 24, 2006
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
APRIL 24, 2006
AN ACT
1 Establishing the Geriatrician Loan Forgiveness Program in the
2 Department of Health; and providing for powers and duties of
3 the Department of Health.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Geriatrician
8 Loan Forgiveness Act.
9 Section 2. Purpose.
10 The purpose of this act is to provide an incentive to medical
11 students to pursue training in geriatric medicine, which is
12 essential to the delivery of quality health care services to
13 older adults in this Commonwealth.
14 Section 3. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 "Department." The Department of Health of the Commonwealth.
3 "Geriatric physician." A physician who has completed
4 training in a program recognized by the American Board of
5 Medical Specialties or an American Osteopathic Association
6 member board and has been certified in geriatrics or geriatric
7 psychiatry and who is licensed as a physician by the State Board
8 of Medicine or the State Board of Osteopathic Medicine.
9 "Health care facility." As defined in the act of July 19,
10 1979 (P.L.130, No.48), known as the Health Care Facilities Act.
11 "Program." The Geriatrician Loan Forgiveness Program
12 established by this act.
13 Section 4. Program.
14 (a) Establishment.--The Geriatrician Loan Forgiveness
15 Program is established in the department.
16 (b) Applications.--The department shall promulgate
17 guidelines for the selection of candidates to the program based
18 upon the following criteria:
19 (1) Demonstrated need.
20 (2) Willingness to continue practicing as a geriatric
21 physician in this Commonwealth after completing the program.
22 (c) Eligibility.--A program applicant must be:
23 (1) A citizen of the United States.
24 (2) Licensed to practice medicine in this Commonwealth.
25 (d) Selection.--The department shall give preference to
26 physicians in the following order:
27 (1) Commonwealth physicians completing training in
28 geriatric medicine in this Commonwealth.
29 (2) Out-of-State applicants completing training in this
30 Commonwealth.
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1 (3) Commonwealth natives completing out-of-State
2 training programs.
3 (4) Out-of-State candidates completing out-of-State
4 training.
5 (e) Verification.--The department shall monitor and verify a
6 physician's fulfillment of all requirements under this act.
7 Section 5. Amount of loan forgiveness.
8 A physician accepted into the program may be reimbursed an
9 amount up to $50,000 per year for each year of subspecialty
10 training in geriatrics or geriatric psychiatry based upon the
11 following repayment assistance schedule:
12 (1) First year of service, 20%.
13 (2) Second year of service, 20%.
14 (3) Third year of service, 20%.
15 (4) Fourth year of service, 20%.
16 (5) Fifth year of service, 20%.
17 Section 6. Contract.
18 (a) General rule.--Physicians receiving loan forgiveness
19 shall enter into a contract with the department. The contract
20 shall include, but not be limited to, the following terms and
21 conditions:
22 (1) The physician shall agree to practice not fewer than
23 five full consecutive years in a licensed health care
24 facility in this Commonwealth immediately following
25 completion of specialty training pursuant to the schedule
26 provided in section 5.
27 (2) The physician shall agree to practice on a full-time
28 basis.
29 (3) The physician shall agree to accept Medicare and
30 Medicaid patients.
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1 (4) The physician shall agree not to discriminate
2 against patients based on the ability to pay.
3 (5) The physician shall permit the department to monitor
4 compliance with the work requirement.
5 (6) The department shall certify compliance with the
6 terms of the contract for purposes of receipt by the
7 physician of loan forgiveness awards for years subsequent to
8 the initial year of the loan.
9 (7) The contract shall be renewable on an annual basis
10 upon certification by the department that the physician has
11 complied with the terms of the contract.
12 (8) The contract shall terminate if the physician dies,
13 is not able to perform the duties of a geriatric physician or
14 is not able to maintain the physician's license to practice
15 medicine due to physical or mental disability.
16 (9) If the physician's license to practice is suspended
17 or revoked, the department shall have the authority to
18 terminate the physician's participation in the program and
19 demand repayment of all loan forgiveness payments rendered to
20 date.
21 (10) A physician who fails to begin or complete the
22 obligations contracted for shall reimburse the Commonwealth
23 all amounts received under this act and interest thereon as
24 determined by the department. Both the physician and the
25 department shall make every effort to resolve conflicts in
26 order to prevent a breach of contract.
27 (b) Contract enforcement.--The department shall have the
28 authority to seek garnishment of wages for the collection of
29 damages provided for in subsection (a)(10).
30 Section 7. Disqualification.
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1 Any person who knowingly or intentionally procures, obtains
2 or aids another to procure or obtain loan forgiveness under this
3 act through fraudulent means shall be disqualified from
4 participation and shall be liable to the department for an
5 amount equal to three times the amount obtained.
6 Section 8. Tax consequences.
7 Loan forgiveness payments received by a physician shall not
8 be considered taxable income for purposes of Article III of the
9 act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code
10 of 1971.
11 Section 9. Limitation.
12 Participation in the program is limited to no more than four
13 physicians a year unless sufficient funding is available to
14 reimburse more than four physicians a year in accordance with
15 this act.
16 Section 10. Regulations.
17 The department may adopt regulations and procedures necessary
18 to carry out the purposes of this act.
19 Section 11. Funding.
20 Loan forgiveness repayments shall be made to the extent that
21 funds are appropriated to the Geriatrician Loan Forgiveness
22 Program by the General Assembly.
23 Section 12. Effective date.
24 This act shall take effect in 90 days.
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