AB619: Bill Text

AB619,4,23 36.60 (title) Physician and dentist loan assistance program.

AB619, s. 9 Section 9. 36.60 (1) (ad) of the statutes is repealed.

AB619, s. 10 Section 10. 36.60 (1) (ae) of the statutes is repealed.

AB619, s. 11 Section 11. 36.60 (2) (a) 1. of the statutes is amended to read:

AB619,5,5 36.60 (2) (a) 1. Except as provided in subd. 2., the board may repay, on behalf of a physician or dentist, up to $50,000 in educational loans obtained by the physician or dentist from a public or private lending institution for education in an accredited school of medicine or dentistry or for postgraduate medical or dental training.

AB619, s. 12 Section 12. 36.60 (2) (b) of the statutes is amended to read:

AB619,5,10 36.60 (2) (b) A physician or dentist who is a participant in the national health service corps scholarship program under 42 USC 254n, or a physician or dentist who was a participant in that program and who failed to carry out his or her obligations under that program, is not eligible for loan repayment under this section.

AB619, s. 13 Section 13. 36.60 (3) (am) of the statutes is amended to read:

AB619,5,18 36.60 (3) (am) The board shall enter into a written agreement with the dentist, in which the dentist agrees to practice at least 32 clinic hours per week for 3 years in one or more dental health shortage areas in this state or in a rural area. The dentist shall also agree to care for patients who are insured or for whom dental health benefits are payable under medicare, medical assistance, or any other governmental program. The board may not enter into an agreement under this paragraph with a dentist after June 30, 2012.

AB619, s. 14 Section 14. 36.60 (3) (am) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is repealed.

AB619, s. 15 Section 15. 36.60 (5) (b) 1. of the statutes is amended to read:

AB619,6,2 36.60 (5) (b) 1. The degree to which there is an extremely high need for medical care in the eligible practice area, health professional shortage area, or rural area in which a physician desires to practice and the degree to which there is an extremely high need for dental care in the dental health shortage area or rural area in which a dentist desires to practice.

AB619, s. 16 Section 16. 36.60 (5) (b) 2. of the statutes is amended to read:

AB619,6,7 36.60 (5) (b) 2. The likelihood that a physician will remain in the eligible practice area, health professional shortage area, or rural area, and that a dentist will remain in the dental health shortage area or rural area, in which he or she desires to practice after the loan repayment period.

AB619, s. 17 Section 17. 36.60 (5) (b) 3. of the statutes is amended to read:

AB619,6,11 36.60 (5) (b) 3. The per capita income of the eligible practice area, health professional shortage area, or rural area in which a physician desires to practice and of the dental health shortage area or rural area in which a dentist desires to practice.

AB619, s. 18 Section 18. 36.60 (5) (b) 4. of the statutes is amended to read:

AB619,6,18 36.60 (5) (b) 4. The financial or other support for physician recruitment and retention provided by individuals, organizations, or local governments in the eligible practice area, health professional shortage area, or rural area in which a physician desires to practice and for dentist recruitment and retention provided by individuals, organizations, or local governments in the dental health shortage area or rural area in which a dentist desires to practice.

AB619, s. 19 Section 19. 36.60 (5) (b) 5. of the statutes is amended to read:

AB619,6,24 36.60 (5) (b) 5. The geographic distribution of the physicians and dentists who have entered into loan repayment agreements under this section and the geographic distribution of the eligible practice areas, health professional shortage areas, dental health shortage areas, and rural areas in which the eligible applicants desire to practice.

AB619, s. 20 Section 20. 36.60 (5) (d) of the statutes is amended to read:

AB619,7,3 36.60 (5) (d) An agreement under sub. (3) does not create a right of action against the state on the part of the physician, dentist, or lending institution for failure to make the payments specified in the agreement.

AB619, s. 21 Section 21. 36.60 (6m) (intro.) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB619,7,8 36.60 (6m) Penalties. (intro.) The board shall, by rule, establish penalties to be assessed by the board against physicians and dentists who breach agreements entered into under sub. (3). The rules shall do all of the following:

AB619, s. 22 Section 22. 36.60 (8) (b) of the statutes is amended to read:

AB619,7,12 36.60 (8) (b) Identify eligible practice areas and rural areas with an extremely high need for medical care and dental health shortage areas and rural areas with an extremely high need for dental care.

AB619, s. 23 Section 23. 36.60 (8) (d) of the statutes is amended to read:

AB619,7,15 36.60 (8) (d) Publicize the program under this section to physicians, dentists, and eligible communities.

AB619, s. 24 Section 24. 36.60 (8) (e) of the statutes is amended to read:

AB619,7,18 36.60 (8) (e) Assist physicians and dentists who are interested in applying for the program under this section.

AB619, s. 25 Section 25. 36.60 (8) (f) of the statutes is amended to read:

AB619,7,21 36.60 (8) (f) Assist communities in obtaining physicians' and dentists' services through the program under this section.

AB619, s. 26 Section 26. 36.60 (8) (h) of the statutes is amended to read:

AB619,7,25 36.60 (8) (h) Notwithstanding subs. (3) (b) and (5) (a) and (b), ensure that moneys appropriated under s. 20.285 (1) (qj) are used under this section only to repay loans on behalf of physicians and dentists who agree to practice in a rural area.

AB619, s. 27 Section 27. 36.60 (9) (intro.) of the statutes is amended to read:

AB619,8,9 36.60 (9) Expanded loan assistance program. (intro.) The board may agree to repay loans as provided under this section on behalf of a physician or dentist under an expanded physician and dentist loan assistance program that is funded through federal funds in addition to state matching funds. The board may not agree under this subsection to repay a loan on behalf of a dentist after June 30, 2012. To be eligible for loan repayment under the expanded physician and dentist loan assistance program, a physician or dentist must fulfill all of the requirements for loan repayment under this section, as well as all of the following:

AB619, s. 28 Section 28 . 36.60 (9) (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB619,8,19 36.60 (9) Expanded loan assistance program. (intro.) The board may agree to repay loans as provided under this section on behalf of a physician or dentist under an expanded physician and dentist loan assistance program that is funded through federal funds in addition to state matching funds. The board may not agree under this subsection to repay a loan on behalf of a dentist after June 30, 2012. To be eligible for loan repayment under the expanded physician and dentist loan assistance program, a physician or dentist must fulfill all of the requirements for loan repayment under this section, as well as all of the following:

AB619, s. 29 Section 29. 36.60 (9) (a) of the statutes is amended to read:

AB619,8,21 36.60 (9) (a) The physician or dentist must be a U.S. citizen.

AB619, s. 30 Section 30. 36.60 (9) (b) of the statutes is amended to read:

AB619,8,24 36.60 (9) (b) The physician or dentist may not have a judgment lien against his or her property for a debt to the United States.

AB619, s. 31 Section 31. 36.60 (9) (c) (intro.) of the statutes is amended to read:

AB619,9,2 36.60 (9) (c) (intro.) The physician or dentist must agree to do all of the following:

AB619, s. 32 Section 32. 36.60 (9) (c) 2. of the statutes is amended to read:

AB619,9,7 36.60 (9) (c) 2. Use a sliding fee scale or a comparable method of determining payment arrangements for patients who are not eligible for medicare or medical assistance and who are unable to pay the customary fee for the physician's or dentist's services.

AB619, s. 33 Section 33. 36.60 (9) (c) 3. of the statutes is amended to read:

AB619,9,11 36.60 (9) (c) 3. Practice at a public or private nonprofit entity in a health professional shortage area, if a physician, or in a dental health shortage area, if a dentist.

AB619, s. 34 Section 34. 36.61 (1) (ag) of the statutes is amended to read:

AB619,9,16 36.61 (1) (ag) "Dental health shortage area" has the meaning given in s. 36.60 (1) (ad) means an area that is designated by the federal department of health and human services under 42 CFR part 5, appendix B, as having a shortage of dental professionals.

AB619, s. 35 Section 35. 36.62 (1) of the statutes is amended to read:

AB619,9,20 36.62 (1) Advise the board on matters related to the physician and dentist loan assistance program under s. 36.60 and the health care provider loan assistance program under s. 36.61.

AB619, s. 36 Section 36. 39.465 of the statutes is created to read:

AB619,9,23 39.465 Dental student grant and dentist loan assistance program. (1) Definitions. In this section:

AB619,9,25 (a) "Accredited school of dentistry" means a school of dentistry that is accredited, as defined in s. 447.01 (1).

AB619,10,3 (b) "Dental health shortage area" means an area that is designated by the federal department of health and human services under 42 CFR part 5, appendix B, as having a shortage of dental professionals.

AB619,10,5 (c) "Dentist" means a dentist, as defined in s. 447.01 (7), who is licensed under ch. 447 and who practices general or pediatric dentistry.

AB619,10,8 (d) "Educational loan" means any loan that the board determines is exclusively for educational purposes and that was obtained by a dentist from a public or private lending institution for education at an accredited school of dentistry.

AB619,10,13 (2) Dental student grants. (a) The board shall establish a grant program to defray the cost of tuition, fees, and expenses for resident students who are enrolled full time in a program of study leading to a doctor of dental surgery (D.D.S.) degree at an accredited school of dentistry in this state and who agree to practice dentistry or to provide dental services as provided in par. (c).

AB619,10,24 (b) Beginning in the 2012-13 fiscal year, the board shall make grants under this subsection from the appropriations under s. 20.235 (1) (dd), (jd), and (kd). The maximum amount of a grant that a student may receive under this subsection during a fiscal year is $30,000 or an amount equal to the cost of tuition, fees, and expenses charged to attend the school of dentistry in which the student is enrolled for an academic year, whichever is less. The maximum total amount that a student may receive under this subsection is $120,000 or an amount equal to the cost of tuition, fees, and expenses charged to attend the school of dentistry in which the student is enrolled for 4 academic years, whichever is less. Grants awarded under this subsection shall be disbursed directly to the school of dentistry in which the student is enrolled.

AB619,11,13 (c) The board shall enter into a written agreement with a recipient of a grant under this subsection under which the grant recipient agrees that, after he or she has completed the program described in par. (a), the grant recipient will either practice dentistry in a dental health shortage area for the same number of years as the grant recipient received a grant under this subsection or will provide dental services to not less than 50 individuals who are residents of this state and who are recipients of Medical Assistance under subch. IV of ch. 49 in the first year of the agreement, not less than 100 such individuals in the 2nd year of the agreement, not less than 150 such individuals in the 3rd year of the agreement, and not less than 200 such individuals in the 4th year of the agreement. For purposes of counting the individuals for whom a grant recipient is required to provide dental services, an individual may be counted only once for a year regardless of the number of visits to the dentist during that year.

AB619,11,20 (3) Dentist loan assistance. (a) The board shall establish a loan assistance program to repay the educational loans of dentists who agree to practice dentistry or to provide dental services as provided in par. (c) or sub. (4). A dentist who is a participant in the National Health Service Corps Scholarship Program under 42 USC 254n, or who was a participant in that program and who failed to carry out his or her obligations under that program, is not eligible for loan assistance under this subsection or sub. (4).

AB619,12,2 (b) Beginning in the 2012-13 fiscal year, the board shall provide loan assistance under this subsection and sub. (4) from the appropriations under s. 20.235 (1) (dd), (jd), and (kd). The maximum total amount of loan assistance that a dentist may receive under this subsection and sub. (4) during a fiscal year is $20,000. The maximum amount that a dentist may receive under this subsection and sub. (4) is $100,000.

AB619,12,14 (c) 1. The board shall enter into a written agreement with a recipient of loan assistance under this subsection or sub. (4) under which the recipient agrees that he or she will either practice dentistry in a dental health shortage area for 5 years or will provide dental services to not less than 50 individuals who are residents of this state and who are recipients of Medical Assistance under subch. IV of ch. 49 in the first year of the agreement, not less than 100 such individuals in the 2nd year of the agreement, not less than 150 such individuals in the 3rd year of the agreement, not less than 200 such individuals in the 4th year of the agreement, and not less than 250 such individuals in the 5th year of the agreement. For purposes of counting the individuals for whom a recipient is required to provide dental services, an individual may be counted only once for a year regardless of the number of visits to the dentist during that year.

AB619,12,17 2. The term of an agreement under subd. 1. shall be for 5 years, except that at the end of 2 years either the board or the recipient may elect either to terminate the agreement or to continue the agreement for the remaining 3 years of the agreement.

AB619,12,20 3. An agreement under subd. 1. shall specify that the responsibility of the board to provide loan assistance under the agreement is subject to the availability of funds in the appropriations under s. 20.235 (1) (dd), (jd), and (kd).

AB619,13,6 (4) Expanded dentist loan assistance. The board may also agree as provided in sub. (3) to repay the educational loans of a dentist under an expanded dentist loan assistance program that is funded through federal funds in addition to state matching funds. To be eligible for loan assistance under the expanded dentist loan assistance program, a dentist must be a U.S. citizen, may not have a judgment lien against his or her property for a debt to the United States, and must agree to practice dentistry at a public or private nonprofit entity in a dental health shortage area for 5 years, to accept medicare assignment as payment in full for services or articles provided, and to use a sliding fee scale or a comparable method of determining payment arrangements for patients who are not eligible for medicare or medical assistance and who are unable to pay the customary fee for the dentist's services.

AB619,13,18 (5) Breach of agreement. If a grant or loan assistance recipient breaches his or her agreement under sub. (2) (c), (3) (c), or (4), the board shall require the recipient to repay the entire amount of grant or loan assistance provided, plus interest at a rate of 5 percent per year from the date on which the grant or loan assistance was provided to the date of repayment in full of the entire amount of grant or loan assistance provided. The board shall also require the grant or loan assistance recipient to pay a penalty of $5,000 for each year in which the recipient is in breach of his or her obligations under the agreement. The board shall transfer to the secretary of administration all repayments, interest, and penalty payments received under this subsection to the secretary of administration for deposit in the general fund. The secretary of administration shall credit all amounts transferred under this subsection to the appropriation account under s. 20.235 (1) (jd).

AB619,13,19 (6) The board shall promulgate rules to implement and administer this section.

AB619, s. 37 Section 37. Nonstatutory provisions.

AB619,13,21 (1) Dental student grant and dentist loan assistance program.

AB619,14,2 (a) Permanent rules. The higher educational aids board shall submit in proposed form the rules required under section 39.465 (6) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this paragraph.

AB619,14,6 (b) Economic impact analysis not required. Notwithstanding section 227.137 (2) of the statutes, the higher educational aids board is not required to prepare an economic impact analysis for the rules required under section 39.465 (6) of the statutes, as created by this act.

AB619,14,15 (c) Emergency rules. Using the procedure under section 227.24 of the statutes, the higher educational aids board may promulgate the rules required under section 39.465 (6) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a ), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the board is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB619, s. 38 Section 38. Effective dates. This act takes effect on July 1, 2012, except as follows:

AB619,14,22 (1) Dentist loan assistance. The treatment of sections 20.285 (1) (qj) (title), 36.60 (title), (1) (ad) and (ae), (2) (a) 1. and (b), (5) (b) 1., 2., 3., 4., and 5. and (d), (6m) (intro.), (8) (b), (d), (e), (f), and (h), and (9) (intro.) (by Section 28), (a), (b), (c) (intro.), 2., and 3., 36.61 (1) (ag), and 36.62 (1) of the statutes and the repeal of section 36.60 (3) (am) of the statutes take effect on July 1, 2015.

AB619,14,23 (End)