1     
HEALTH CARE WORKFORCE FINANCIAL ASSISTANCE

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Edward H. Redd

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to education loan repayment assistance for
10     individuals in certain health care professions.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     amends provisions related to education loan repayment assistance for individuals in
15     certain health care professions;
16          ▸     requires the Department of Health to apply for a certain grant; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          26-46-101, as last amended by Laws of Utah 2009, Chapter 97
25          26-46-102, as last amended by Laws of Utah 2009, Chapter 97
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 26-46-101 is amended to read:
29          26-46-101. Definitions.
30          As used in this chapter:
31          (1) "Committee" means the Utah Health Care Workforce Financial Assistance Program
32     Advisory Committee created in Section 26-46-103.
33          [(1)] (2) "Geriatric professional" means [a person] an individual who is:
34          (a) [is] a licensed:
35          (i) health care professional;
36          (ii) social worker;
37          (iii) occupational therapist;
38          (iv) pharmacist;
39          (v) physical therapist; or
40          (vi) psychologist; and
41          (b) [is] determined by the department to have adequate advanced training in geriatrics
42     to prepare the [person] individual to provide specialized geriatric care within the scope of the
43     [person's] individual's profession.
44          [(2)] (3) "Health care professional" means an individual who is:
45          (a) a licensed:
46          (i) physician;
47          (ii) physician assistant;
48          (iii) nurse;
49          (iv) dentist; [or]
50          (v) mental health therapist; or
51          (vi) pharmacist; or
52          (b) another licensed health care professional designated by the department by rule.
53          (4) "Program" means the Utah Health Care Workforce Financial Assistance Program
54     created in Section 26-46-102.
55          [(3)] (5) "Underserved area" means an area designated by the department as
56     underserved by health care professionals, based upon the results of a needs assessment
57     developed by the department in consultation with the [Utah Health Care Workforce Financial
58     Assistance Program Advisory Committee created under Section 26-46-103] committee.
59          Section 2. Section 26-46-102 is amended to read:
60          26-46-102. Creation of program -- Duties of department.
61          (1) There is created within the department the Utah Health Care Workforce Financial
62     Assistance Program to provide, within funding appropriated by the Legislature for [this
63     purpose] the following purposes:
64          (a) professional education scholarships and education loan repayment assistance to
65     health care professionals who locate or continue to practice in underserved areas; and
66          (b) education loan repayment assistance to geriatric professionals who locate or
67     continue to practice in underserved areas.
68          (2) Beginning with a contract entered into on or after May 8, 2018, the department may
69     enter into an education loan repayment assistance contract with a geriatric professional or a
70     health care professional who:
71          (a) practices in an underserved area; and
72          (b) subject to the rules described in Subsection (4):
73          (i) has a written commitment from the individual's employer that the employer will
74     provide education loan repayment assistance to the individual in an amount that equals 20% of
75     the total award to the individual; or
76          (ii) is employed at a health care facility that is unable to provide education loan
77     repayment assistance to the individual in an amount that equals 20% of the total award to the
78     individual.
79          (3) (a) If an application period opens for a grant described in 42 U.S.C. Sec. 254q-1,
80     the department shall apply for a grant.
81          (b) If the department is awarded a grant described in Subsection (3)(a), the department
82     shall ensure that the department provides education loan repayment assistance through the
83     grant funding and funding described in Subsection (1) to best meet the needs of the state.
84          [(2)] (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
85     Act, the department shall make rules governing the administration of the program, including
86     rules that address:
87          (a) application procedures;
88          (b) eligibility criteria;
89          (c) selection criteria;
90          (d) service conditions, which at a minimum shall include professional service in an
91     underserved area for a minimum period of time by any [person] individual receiving a
92     scholarship or education loan repayment assistance;
93          (e) penalties for failure to comply with service conditions or other terms of a
94     scholarship or education loan repayment assistance contract;
95          (f) criteria for modifying or waiving service conditions or penalties in case of extreme
96     hardship or other good cause; [and]
97          (g) criteria for waiving or reducing a percentage described in Subsection (2)(b); and
98          [(g)] (h) administration of contracts entered into before [the effective date of this act]
99     March 26, 2002, between the department and scholarship or education loan repayment
100     assistance recipients, as authorized by law.
101          [(3)] (5) The department shall seek and consider the recommendations of the [Utah
102     Health Care Workforce Financial Assistance Program Advisory Committee created under
103     Section 26-46-103 as it] committee as the department develops and modifies rules to
104     administer the program.
105          [(4)] (6) Funding for the program:
106          (a) shall be a line item within the appropriations act;
107          (b) shall be nonlapsing unless designated otherwise by the Legislature; and
108          (c) may be used to cover administrative costs of the program, including reimbursement
109     expenses of the [Utah Health Care Workforce Financial Assistance Program Advisory
110     Committee created under Section 26-46-103] committee.
111          [(5) Loan repayments and payments resulting from breach of contract are dedicated
112     credits to the program.]
113          (7) The following are dedicated credits to the program:
114          (a) a refund of education loan repayment assistance described in this section;
115          (b) a penalty for a breach of a contract described in this section; and
116          (c) another type of payment to the program.
117          [(6)] (8) The department shall prepare an annual report on the revenues, expenditures,
118     and outcomes of the program.




Legislative Review Note
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