00 Enrolled HB 78                                                                                                          
01 Establishing a loan repayment program and employment incentive program for certain health                               
02 care professionals employed in the state; and providing for an effective date.                                          
03                           _______________                                                                               
04    * Section 1. AS 18 is amended by adding a new chapter to read:                                                     
05      Chapter 29. Health Care Professions Loan Repayment and Incentive Program.                                        
06            Sec. 18.29.010. Legislative intent. The loan repayments and direct incentive                               
07       payments provided under this chapter are intended to ensure that residents throughout                             
08       the state, including recipients of medical assistance and Medicare, have access to                                
09       health care and that residents of rural areas of the state, in particular, experience                             
10       improved access to health care services.                                                                          
11            Sec. 18.29.015. Health care professions loan repayment and incentive                                       
12       program; purpose; advisory body. (a) The health care professions loan repayment                                 
13       and incentive program is established in the department for the purpose of addressing                              
01       the worsening shortage of certain health care professionals in the state by increasing                            
02       the number and improving the distribution of health care professionals who provide                                
03       direct patient care.                                                                                              
04            (b)  The program established under this section must include                                                 
05                 (1)  direct incentives paid under AS 18.29.020;                                                         
06                 (2)  loan repayments made under AS 18.29.025;                                                           
07                 (3)  procedures for the commissioner's designation and prioritization of                                
08       sites eligible for participation in the program;                                                                  
09                 (4)  an application process for participation in the program as                                         
10                      (A)  an eligible site; or                                                                          
11                      (B)  a tier I or tier II health care professional;                                                 
12                 (5)  the dissemination of public information and notices pertinent to the                               
13       program;                                                                                                          
14                 (6)  classification by the commissioner of each eligible site as having                                 
15       either regular or very hard-to-fill positions, or both;                                                           
16                 (7)  matching payments, as provided under (d) of this section;                                          
17                 (8)  a lifetime maximum period of 12 years for participation in the                                     
18       program by a tier I or tier II health care professional, as described in (f) of this section;                     
19                 (9)  procedures for allowable leaves of absence; and                                                    
20                 (10)  annual program evaluations and reports.                                                           
21            (c)  The program shall be administered by the commissioner in consultation                                   
22       with an advisory body appointed by the commissioner. The advisory body is made up                                 
23       of members with health care expertise, including expertise in economic issues                                     
24       affecting the hiring and retention of health care professionals in the state. Members of                          
25       the advisory body serve at the pleasure of the commissioner to provide                                            
26       recommendations for and oversight and evaluation of all aspects of the program. The                               
27       commissioner shall accept a recommendation of the advisory body on a matter                                       
28       pertaining to the identification and monitoring of areas of shortages, eligible sites,                            
29       payment priorities, or evaluation of the program, unless the commissioner finds, in                               
30       writing, that the recommendation cannot be financially or otherwise supported by the                              
31       department.                                                                                                       
01            (d)  An employer or other entity approved for participation in the program shall                             
02       make nonrefundable quarterly matching payments to the department for deposit in the                               
03       general fund. The payments must be in an amount that is                                                           
04                 (1)  a portion of the combined annual incentive payment and the loan                                    
05       repayment amounts paid under the program for the benefit of the employee, as                                      
06       determined by the commissioner; and                                                                               
07                 (2)  adjusted by the employer's or other entity's ability to pay, as                                    
08       determined by the commissioner, in consultation with the program advisory body.                                   
09            (e)  A matching loan repayment or direct incentive payment made under (d) of                                 
10       this section shall be paid as a combined amount to the lending institution or to the                              
11       eligible health care professional by the department from money appropriated for the                               
12       purpose.                                                                                                          
13            (f)  The department may approve loan repayment and direct incentive                                          
14       payments for a qualified applicant under the program for three-year periods, as                                   
15       follows:                                                                                                          
16                 (1)  an initial period of three years;                                                                  
17                 (2)  a renewal period of three years if the applicant                                                   
18                      (A)  requests loan repayments and has a continuing loan                                            
19            obligation on the same loan that was subject to repayment under the program                                  
20            during the initial three-year period and is otherwise eligible under the program;                            
21                      (B)  continues to qualify for direct incentive payments under the                                  
22            program; or                                                                                                  
23                      (C)  is eligible under both (A) and (B) of this paragraph;                                         
24                 (3)  a reapplication period of six years that is equivalent to (1) and (2)                              
25       of this subsection if the applicant is engaged in qualified employment and the                                    
26       applicant                                                                                                         
27                      (A)  requests additional loan repayments under the program and                                     
28            has incurred additional loans that qualify for repayment under the program                                   
29            during or after the first six years of the applicant's participation in the program;                         
30                      (B)  requests additional direct incentive payments under the                                       
31            program; or                                                                                                  
01                      (C)  is eligible under both (A) and (B) under this paragraph.                                      
02            (g)  The department shall prorate loan repayments and direct incentive                                       
03       payments under the program based on the number of hours of qualified employment                                   
04       worked in a calendar quarter. However, the department may not make a loan                                         
05       repayment or direct incentive payment before the completion of a calendar quarter for                             
06       which the loan repayment or incentive payment is made.                                                            
07            (h)  The department shall adopt regulations necessary to implement the                                       
08       program.                                                                                                          
09            (i)  Direct incentive payments, loan repayments, and matching payments shall                                 
10       be made with funds appropriated by the legislature for that purpose.                                              
11            Sec. 18.29.020. Direct incentives. (a) The department shall provide direct                                 
12       incentives in the form of quarterly cash payments to eligible tier I and tier II health                           
13       care professionals engaged in qualified employment.                                                               
14            (b)  Payments made under this section, when combined with a matching                                         
15       payment and a loan repayment amount paid under AS 18.29.025, if any, may not                                      
16       exceed                                                                                                            
17                 (1)  $35,000 annually for a tier I health care professional employed in a                               
18       regular position;                                                                                                 
19                 (2)  $47,000 annually for a tier I health care professional employed in a                               
20       very hard-to-fill position;                                                                                       
21                 (3)  $20,000 annually for a tier II health care professional employed in                                
22       a regular position; or                                                                                            
23                 (4)  $27,000 annually for a tier II health care professional employed in                                
24       a very hard-to-fill position.                                                                                     
25            (c)  The commissioner shall calculate the annual incentive payment amount by                                 
26       multiplying the annual maximum payment under (b) of this section by the percentage                                
27       of full time equivalent employment for each of not more than three years of qualified                             
28       employment less a matching payment amount as determined under AS 18.29.015(d)                                     
29       and loan repayment amount, if any, under AS 18.29.025.                                                            
30            Sec. 18.29.025. Loan repayment. (a) The commissioner shall repay a portion                                 
31       of eligible education loans described in this section that are held by or made to eligible                        
01       tier I and tier II health care professionals under the program according to the loan                              
02       repayment procedures established in this section.                                                                 
03            (b)  A loan is eligible for repayment under the program if the loan was issued                               
04       by a government or commercial entity for the payment of actual costs of tuition and                               
05       other reasonable educational and living expenses related to the undergraduate or                                  
06       graduate education of a participant who is eligible under AS 18.29.035 and that                                   
07       resulted in a degree required for employment as a tier I or tier II health care                                   
08       professional under the program.                                                                                   
09            (c)  A loan repayment under this section when combined with a matching                                       
10       payment shall be in an amount not to exceed 33.3 percent of the unpaid loan balance                               
11       existing in the first year of program participation, multiplied by the percentage of full                         
12       time equivalent employment for each of up to three years of qualified employment less                             
13       a matching loan repayment or incentive amount from an employer or other entity as                                 
14       determined under AS 18.29.015(d).                                                                                 
15            (d)  The commissioner shall make a loan repayment under this section in                                      
16       quarterly installments payable to the lending institution or to the eligible health care                          
17       professional.                                                                                                     
18            (e)  A loan or interest on a loan is not eligible for repayment under this section                           
19       if the loan or interest is                                                                                        
20                 (1)  to be repaid by another source, including another loan repayment or                                
21       forgiveness program or an employer-sponsored repayment program;                                                   
22                 (2)  consolidated with a loan that is not eligible for repayment; or                                    
23                 (3)  refinanced as a loan that is not eligible for repayment.                                           
24            Sec. 18.29.030. Number of participants. (a) The number of participants to                                  
25       whom the commissioner may provide a direct incentive payment, loan repayment, or                                  
26       both under the program established under AS 18.29.015 may not exceed 90                                           
27       participants annually as described in (b) of this section, regardless of whether the                              
28       participants are new participants, continuing participants, or both.                                              
29            (b)  The commissioner shall reserve sufficient funding for not fewer than three                              
30       positions in each of the 10 tier I and tier II health care professions in very hard-to-fill                       
31       positions at eligible sites.                                                                                      
01            (c)  If insufficient funds are appropriated in a fiscal year, the department shall                           
02       prorate payments based on the number of approved participants in the program.                                     
03            Sec. 18.29.035. Eligibility and priority. (a) To be eligible for a direct                                
04       incentive payment under AS 18.29.020, an individual shall                                                         
05                 (1)  submit an application that is approved by the commissioner;                                        
06                 (2)  be engaged in qualified employment at an eligible site with a                                      
07       participating employer or entity;                                                                                 
08                 (3)  be licensed or exempt from licensure as a tier I or tier II health care                            
09       professional in the state;                                                                                        
10                 (4)  meet a priority for payment established under (c) of this section;                                 
11       and                                                                                                               
12                 (5)  meet other criteria established by the commissioner.                                               
13            (b)  To be eligible for loan repayment under AS 18.29.025, an individual shall                               
14                 (1)  meet eligibility and priority criteria established under (a) of this                               
15       section; and                                                                                                      
16                 (2)  have an unpaid balance on one or more eligible education loans                                     
17       described under AS 18.29.025 and verified by the Alaska Commission on                                             
18       Postsecondary Education.                                                                                          
19            (c)  The commissioner shall establish priorities for payment of incentives and                               
20       loan repayments under the program based on the recommendations of the program                                     
21       advisory body and the availability of funding. The commissioner shall prioritize                                  
22       eligible sites based on the needs assessment score for the site, remoteness of the site,                          
23       the percentage of underserved patients treated at the site, or a combination of these                             
24       elements; in this subsection, an underserved patient                                                              
25                 (1)  is uninsured;                                                                                      
26                 (2)  receives or is eligible to receive medical assistance or Medicare                                  
27       coverage; or                                                                                                      
28                 (3)  receives or is eligible to receive other federal health program                                    
29       benefits.                                                                                                         
30            Sec. 18.29.099. Definitions. In AS 18.29.010 - 18.29.099,                                                  
31                 (1)  "commissioner" means the commissioner of health and social                                         
01       services;                                                                                                         
02                 (2)  "department" means the Department of Health and Social Services;                                   
03                 (3)  "eligible site" means a service area or health care facility that the                              
04       commissioner has designated as located in a health care services shortage area based                              
05       on a needs assessment score and employment statistics for qualified tier I or tier II                             
06       health care professionals;                                                                                        
07                 (4)  "program" means the health care professions loan repayment and                                     
08       incentive program;                                                                                                
09                 (5)  "qualified employment" means employment of a tier I or tier II                                     
10       health care professional at an eligible site at which the health care professional is hired                       
11       and paid to work                                                                                                  
12                      (A)  in a full-time or not less than half-time position;                                           
13                      (B)  for a contract term that is not less than three years; and                                    
14                      (C)  not less than 50 percent time on direct patient health care                                   
15            services;                                                                                                    
16                 (6)  "tier I health care professional" means a person licensed or exempt                                
17       from licensure in the state as a dentist, pharmacist, or physician;                                               
18                 (7)  "tier II health care professional" means a person licensed or exempt                               
19       from licensure in the state as a dental hygienist, registered nurse, advanced nurse                               
20       practitioner, physician assistant, physical therapist, clinical psychologist, or clinical                         
21       social worker holding at least a master's degree in social work.                                                  
22    * Sec. 2. AS 18.29.099(6), as enacted by sec. 1 of this Act, is amended to read:                                   
23                 (6)  "tier I health care professional" means a person licensed or exempt                                
24       from licensure in the state as an advanced nurse practitioner, [A] dentist,                                   
25       pharmacist, or physician;                                                                                         
26    * Sec. 3. AS 18.29.099(7), as enacted by sec. 1 of this Act, is amended to read:                                   
27                 (7)  "tier II health care professional" means a person licensed or exempt                               
28       from licensure in the state as a dental hygienist, registered nurse, [ADVANCED                                    
29       NURSE PRACTITIONER,] physician assistant, physical therapist, clinical                                            
30       psychologist, or clinical social worker holding at least a master's degree in social                              
31       work.                                                                                                             
01    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
02 read:                                                                                                                   
03       HEALTH CARE PROFESSIONS LOAN REPAYMENT AND INCENTIVE                                                              
04 PROGRAM REPORT. On or before January 1, 2019, the Department of Health and Social                                       
05 Services shall prepare and submit a report to the legislature that describes the participation                          
06 rates, costs, and effect on health care profession shortage areas, as designated by the                                 
07 commissioner of health and social services, of the health care professions loan repayment and                           
08 incentive program established under AS 18.29.015.                                                                       
09    * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to                          
10 read:                                                                                                                   
11       BOARD OF NURSING; NOTIFICATION OF REVISOR OF STATUTES. The                                                        
12 Board of Nursing shall notify the revisor of statutes of the adoption of a regulation that                              
13 requires completion of a degree of doctor of nursing practice in order to practice as an                                
14 advanced nurse practitioner in the state.                                                                               
15    * Sec. 6. AS 18.29.010, 18.29.015, 18.29.020, 18.29.025, 18.29.030, 18.29.035, and                                 
16 18.29.099 are repealed June 30, 2019.                                                                                   
17    * Sec. 7. Sections 2 and 3 of this Act take effect 30 days after the Board of Nursing notifies                     
18 the revisor of statutes of the adoption by the Board of Nursing of a regulation that requires                           
19 completion of a degree of doctor of nursing practice in order to practice as an advanced nurse                          
20 practitioner in the state.                                                                                              
21    * Sec. 8. Except as provided in sec. 7 of this Act, this Act takes effect immediately under                        
22 AS 01.10.070(c).