Texas 2009 - 81st Regular

Texas Senate Bill SB2243 Compare Versions

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1	1	By: Zaffirini S.B. No. 2243
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the repayment of certain education loans for licensed
7	7	physicians and dentists and to requirements for family practice
8	8	residency programs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 61.531, Education Code, is amended by
11	11	adding Subsection (a-1) to read as follows:
12	12	(a-1) Preference shall be given under the program to:
13	13	(1) primary care physicians; and
14	14	(2) pediatric or geriatric subspecialists.
15	15	SECTION 2. Section 61.532, Education Code, is amended to
16	16	read as follows:
17	17	Sec. 61.532. ELIGIBILITY. (a) To be eligible to receive
18	18	repayment assistance, a physician must:
19	19	(1) apply to the coordinating board [and have
20	20	completed at least one year of medical practice:
21	21	[(1) in private practice in an economically depressed
22	22	or rural medically underserved area of the state];
23	23	(2) at the time of application, have:
24	24	(A) an unrestricted license to practice medicine
25	25	under Subtitle B, Title 3, Occupations Code;
26	26	(B) for a service obligation described by
27	27	Subdivision (3)(B)(i) or (ii) or as otherwise required by the
28	28	physician's practice, an authorization number that allows the
29	29	physician to provide services to recipients under the medical
30	30	assistance program authorized by Chapter 32, Human Resources Code;
31	31	and
32	32	(C) if the physician is a subspecialist, be
33	33	certified or eligible for certification by the appropriate
34	34	subspecialty board approved by the American Board of Medical
35	35	Specialties or the American Osteopathic Association or approved by
36	36	the Texas Medical Board by rule [for one of the following state
37	37	agencies:
38	38	[(A) Texas Department of Health;
39	39	[(B) Texas Department of Mental Health and Mental
40	40	Retardation;
41	41	[(C) Texas Department of Corrections; or
42	42	[(D) Texas Youth Commission]; and [or]
43	43	(3) enter into a written contract with the state
44	44	indicating the physician's commitment to:
45	45	(A) fulfill a four-year continuous service
46	46	obligation; and
47	47	(B) during each year of the service obligation:
48	48	(i) provide to recipients under the medical
49	49	assistance program authorized by Chapter 32, Human Resources Code,
50	50	a targeted amount of services as established jointly under
51	51	Subsection (b) by the board and the Health and Human Services
52	52	Commission;
53	53	(ii) practice in an underserved area, as
54	54	defined by rule by the Health and Human Services Commission, and
55	55	maintain a policy of providing the targeted amount of services to
56	56	recipients under the medical assistance program as provided by
57	57	Subparagraph (i);
58	58	(iii) practice in primary care or in a
59	59	medical specialty of acute physician shortage, as determined by the
60	60	coordinating board in consultation with the Department of State
61	61	Health Services, and in:
62	62	(a) a hospital or clinic with a
63	63	patient population of whom at least 50 percent are uninsured or are
64	64	recipients under the medical assistance program authorized by
65	65	Chapter 32, Human Resources Code; or
66	66	(b) a public hospital, as defined by
67	67	Section 61.002, Health and Safety Code; or
68	68	(iv) practice in a county that has a
69	69	population of 50,000 or less and that has been designated under
70	70	federal law as a health professional shortage area [for an approved
71	71	family practice residency training program established under
72	72	Subchapter I as a clinical faculty member and have completed
73	73	training in an approved family practice residency training program
74	74	on or after July 1, 1994].
75	75	(b) The board and the Health and Human Services Commission
76	76	jointly shall establish, for purposes of the service obligations
77	77	described by Subsection (a)(3)(B)(i) or (ii), target amounts for
78	78	the provision of medical services to recipients under the medical
79	79	assistance program authorized by Chapter 32, Human Resources Code.
80	80	The board and commission shall establish specified target amounts
81	81	for services provided to children and to adults [coordinating board
82	82	may by rule provide for repayment assistance on a pro rata basis for
83	83	physicians practicing part-time for an approved family practice
84	84	residency training program established under Subchapter I of this
85	85	chapter or a state agency specified in Subsection (a) of this
86	86	section].
87	87	SECTION 3. Section 61.533, Education Code, is amended to
88	88	read as follows:
89	89	Sec. 61.533. LIMITATION. A physician may receive repayment
90	90	assistance grants for [each of] not more than four [five] years.
91	91	SECTION 4. Subsections (a) and (b), Section 61.534,
92	92	Education Code, are amended to read as follows:
93	93	(a) The coordinating board may provide repayment assistance
94	94	for the repayment of any student loan for education at a public or
95	95	accredited private [an] institution of higher education in the
96	96	United States, including loans for undergraduate, graduate, and
97	97	medical education, received by a physician through any lender.
98	98	(b) The coordinating board may not provide repayment
99	99	assistance for a student loan that is:
100	100	(1) in default at the time of the physician's
101	101	application;
102	102	(2) consolidated with noneducation loans or with loans
103	103	held by an entity other than the lender;
104	104	(3) subject to an existing service obligation or
105	105	subject to any other state or federal student loan repayment or
106	106	forgiveness program; or
107	107	(4) obtained by the physician during the physician's
108	108	residency period, through the physician's insurance policy or
109	109	pension plan, or from a person related to the physician within the
110	110	third degree by consanguinity or the second degree by affinity, as
111	111	determined under Subchapter B, Chapter 573, Government Code.
112	112	SECTION 5. Subsection (a), Section 61.535, Education Code,
113	113	is amended to read as follows:
114	114	(a) After each year of the physician's applicable service,
115	115	the [The] coordinating board shall deliver any repayment made under
116	116	this subchapter in a lump sum payable:
117	117	(1) to both the [lender and the] physician and the
118	118	lender or other holder of the affected loan; or
119	119	(2) directly to the lender or other holder of the loan
120	120	on the physician's behalf[, in accordance with federal law].
121	121	SECTION 6. Section 61.536, Education Code, is amended to
122	122	read as follows:
123	123	Sec. 61.536. ADVISORY COMMITTEES. The coordinating board
124	124	may[:
125	125	[(1)] appoint advisory committees from outside the
126	126	board's membership to assist the board in performing its duties
127	127	under this subchapter[; and
128	128	[(2) request the assistance of the Family Practice
129	129	Residency Advisory Committee in performing those duties].
130	130	SECTION 7. Section 61.537, Education Code, is amended to
131	131	read as follows:
132	132	Sec. 61.537. RULES. (a) The coordinating board shall
133	133	adopt rules necessary for the administration of this subchapter,
134	134	including a rule that sets a maximum amount of repayment assistance
135	135	that may be received by a physician in one year [and a rule that
136	136	authorizes the Family Practice Residency Advisory Committee to
137	137	establish priorities among eligible physicians for repayment
138	138	assistance, by taking into account the degree of physician
139	139	shortage, geographic locations, whether the physician is or will be
140	140	providing service in a medically underserved area, and other
141	141	criteria the committee considers appropriate].
142	142	(b) The coordinating board shall distribute to each medical
143	143	unit [and appropriate state agency] and professional association
144	144	copies of the rules adopted under this section and pertinent
145	145	information in this subchapter.
146	146	SECTION 8. Section 61.538, Education Code, is amended to
147	147	read as follows:
148	148	Sec. 61.538. TOTAL AMOUNT OF REPAYMENT ASSISTANCE.
149	149	(a) The total amount of repayment assistance distributed by the
150	150	board may not exceed the total amount of gifts and grants accepted
151	151	by the board for repayment assistance, medical school tuition set
152	152	aside under Section 61.539 of this code, and legislative
153	153	appropriations for repayment assistance.
154	154	(b) The total amount of repayment assistance made under this
155	155	subchapter to an individual physician may not exceed $140,000
156	156	during the four-year service period.
157	157	SECTION 9. Subsection (b), Section 61.539, Education Code,
158	158	is amended to read as follows:
159	159	(b) The amount set aside shall be transferred to the
160	160	comptroller of public accounts to be maintained in the state
161	161	treasury for the sole purpose of repayment of student loans of a
162	162	physician who satisfies the eligibility requirements provided by
163	163	this subchapter [serving in a designated state agency or in an area
164	164	of this state that is economically depressed or that is a medically
165	165	underserved area or health professional shortage area, as
166	166	designated by the United States Department of Health and Human
167	167	Services, that has a current shortage of physicians]. Section
168	168	403.095, Government Code, does not apply to the amount set aside by
169	169	this section.
170	170	SECTION 10. Section 61.902, Education Code, is amended to
171	171	read as follows:
172	172	Sec. 61.902. ELIGIBILITY. (a) To be eligible to receive
173	173	repayment assistance, a dentist must:
174	174	(1) apply to the board;
175	175	(2) at the time of application, have:
176	176	(A) an unrestricted license to practice
177	177	dentistry under Subtitle D, Title 3, Occupations Code;
178	178	(B) an authorization number that allows the
179	179	dentist to provide services to recipients under the medical
180	180	assistance program authorized by Chapter 32, Human Resources Code;
181	181	and
182	182	(C) if the dentist is a subspecialist, be
183	183	certified or eligible for certification by the appropriate
184	184	subspecialty board approved by the American Dental Association or
185	185	approved by the State Board of Dental Examiners by rule; and
186	186	(3) enter into a written contract with the state
187	187	indicating the dentist's commitment to:
188	188	(A) fulfill a four-year continuous service
189	189	obligation; and
190	190	(B) during each year of the service obligation:
191	191	(i) provide to recipients under the medical
192	192	assistance program authorized by Chapter 32, Human Resources Code,
193	193	a targeted amount of services as established jointly under
194	194	Subsection (b) by the board and the Health and Human Services
195	195	Commission; or
196	196	(ii) practice in an underserved area, as
197	197	defined by rule by the Health and Human Services Commission, and
198	198	maintain a policy of providing the targeted amount of services to
199	199	recipients under the medical assistance program as provided by
200	200	Subparagraph (i) [and have completed at least one year of dental
201	201	practice in an area of the state that is underserved with respect to
202	202	dental care].
203	203	(b) The board and the Health and Human Services Commission
204	204	jointly shall establish for purposes of this subchapter target
205	205	amounts for the provision of dental services to recipients under
206	206	the medical assistance program authorized by Chapter 32, Human
207	207	Resources Code. The board and commission shall establish specified
208	208	target amounts for services provided to children and to adults [by
209	209	rule may provide for repayment assistance on a pro rata basis for
210	210	dentists in part-time practice described by Subsection (a)].
211	211	SECTION 11. Subchapter V, Chapter 61, Education Code, is
212	212	amended by adding Section 61.9035 to read as follows:
213	213	Sec. 61.9035. LIMITATION. A dentist may receive repayment
214	214	assistance grants for not more than four years.
215	215	SECTION 12. Subsections (a) and (b), Section 61.904,
216	216	Education Code, are amended to read as follows:
217	217	(a) The board may provide repayment assistance for the
218	218	repayment of any student loan for education at a public or
219	219	accredited private institution of higher education in the United
220	220	States, including loans for undergraduate, graduate, and
221	221	professional dental education, received by a dentist through any
222	222	lender.
223	223	(b) The board may not provide [withhold] repayment
224	224	assistance for a student loan that is:
225	225	(1) in default at the time of the dentist's
226	226	application;
227	227	(2) consolidated with noneducation loans or with loans
228	228	held by an entity other than the lender;
229	229	(3) subject to an existing service obligation or
230	230	subject to any other state or federal student loan repayment or
231	231	forgiveness program; or
232	232	(4) obtained by the dentist during the dentist's
233	233	residency period, through the dentist's insurance policy or pension
234	234	plan, or from a person related to the dentist within the third
235	235	degree by consanguinity or the second degree by affinity, as
236	236	determined under Subchapter B, Chapter 573, Government Code.
237	237	SECTION 13. Subsection (a), Section 61.905, Education Code,
238	238	is amended to read as follows:
239	239	(a) After each year of the dentist's applicable service, the
240	240	[The] coordinating board shall deliver any repayment made under
241	241	this subchapter in a lump sum payable:
242	242	(1) to both the [lender and the] dentist and the lender
243	243	or other holder of the affected loan; or
244	244	(2) directly to the lender or other holder of the loan
245	245	on behalf of the dentist[, in accordance with any applicable
246	246	federal law].
247	247	SECTION 14. Section 61.906, Education Code, is amended to
248	248	read as follows:
249	249	Sec. 61.906. ADVISORY COMMITTEES. The board may[:
250	250	[(1)] appoint advisory committees from outside the
251	251	board's membership to assist the board in performing its duties
252	252	under this subchapter[; and
253	253	[(2) request the assistance of the Oral Health
254	254	Services Advisory Committee in performing those duties].
255	255	SECTION 15. Section 61.908, Education Code, is amended to
256	256	read as follows:
257	257	Sec. 61.908. RULES. (a) The board shall adopt rules
258	258	necessary for the administration of this subchapter, including a
259	259	rule that sets a maximum amount of repayment assistance that may be
260	260	received by a dentist in one year. [The board may consult with the
261	261	Oral Health Services Advisory Committee to assist the board in
262	262	establishing priorities among eligible dentists for repayment
263	263	assistance, taking into account the degree of an area's shortage of
264	264	dental services, geographic locations, whether the dentist is or
265	265	will be providing service in an underserved area with respect to
266	266	dental services, and other criteria the board considers
267	267	appropriate.]
268	268	(b) The coordinating board shall distribute to each dental
269	269	school in this state [and to appropriate state agencies] and
270	270	professional associations copies of the rules adopted under this
271	271	section and other pertinent information relating to this
272	272	subchapter.
273	273	SECTION 16. Section 61.909, Education Code, is amended to
274	274	read as follows:
275	275	Sec. 61.909. TOTAL AMOUNT OF REPAYMENT ASSISTANCE.
276	276	(a) The total amount of repayment assistance distributed by the
277	277	board under this subchapter may not exceed the total amount of gifts
278	278	and grants accepted by the board for repayment assistance, dental
279	279	school tuition set aside under Section 61.910, legislative
280	280	appropriations for repayment assistance, and other funds available
281	281	to the board for purposes of this subchapter.
282	282	(b) The total amount of repayment assistance made under this
283	283	subchapter to an individual dentist may not exceed $140,000 during
284	284	the four-year service period.
285	285	SECTION 17. Subsection (b), Section 51.918, Education Code,
286	286	is amended to read as follows:
287	287	(b) The Texas Higher Education Coordinating Board shall:
288	288	(1) encourage and coordinate the creation or expansion
289	289	of a rural preceptor program among medical schools, teaching
290	290	hospitals, nursing schools, and schools of allied health sciences;
291	291	and
292	292	(2) require family practice residency programs to
293	293	provide an opportunity for residents to have a one-month rotation
294	294	through:
295	295	(A) a rural setting; [and]
296	296	(B) a public health setting; and
297	297	(C) an oncology setting.
298	298	SECTION 18. Subsections (b) and (c), Section 61.531,
299	299	Education Code, are repealed.
300	300	SECTION 19. As soon as practicable after the effective date
301	301	of this Act, the Texas Higher Education Coordinating Board shall
302	302	adopt rules necessary to administer Subchapters J and V, Chapter
303	303	61, Education Code, as amended by this Act.
304	304	SECTION 20. This Act does not make an appropriation. A
305	305	provision in this Act that creates a new governmental program,
306	306	creates a new entitlement, or imposes a new duty on a governmental
307	307	entity is not mandatory during a fiscal period for which the
308	308	legislature has not made a specific appropriation to implement the
309	309	provision.
310	310	SECTION 21. This Act takes effect immediately if it
311	311	receives a vote of two-thirds of all the members elected to each
312	312	house, as provided by Section 39, Article III, Texas Constitution.
313	313	If this Act does not receive the vote necessary for immediate
314	314	effect, this Act takes effect September 1, 2009.