H*3741 Session 116 (2005-2006)
H*3741(Rat #0209, Act #0165 of 2005) General Bill, By Ballentine, Wilkins,
Harrell, Merrill, Ott, Hinson, Mack, Bowers, Taylor, Sinclair, Bales, Norman,
Martin, Rutherford, Funderburk, Hiott, Cotty, Harrison, Haley, Govan, Scott,
Vick, McGee, Anderson, Hardwick, Frye, W.D. Smith, Leach, J.H. Neal, G.R. Smith,
Huggins, Skelton, McLeod, Cato, Witherspoon, Clemmons, Clark, Agnew, Barfield,
Bingham, Brady, Branham, J. Brown, Ceips, Chalk, Cobb-Hunter, Cooper, Duncan,
Herbkersman, Howard, Jefferson, Mahaffey, Neilson, Owens, Parks, Pinson,
E.H. Pitts, M.A. Pitts, Rice, Sandifer, J.E. Smith, Talley, Thompson, Toole,
Townsend, White, Umphlett, Allen, Simrill and Bailey
Similar(S 643)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
43-21-200 SO AS TO ESTABLISH WITHIN THE DIVISION OF AGING THE STATE LOAN
REPAYMENT PROGRAM, TO REIMBURSE THE STUDENT LOAN PAYMENTS OF PHYSICIANS
COMPLETING FELLOWSHIPS IN GERIATRICS OR GEROPSYCHIATRY, WHO CONTRACT TO
PRACTICE IN THIS STATE FOR NO FEWER THAN FIVE CONSECUTIVE YEARS, TO PROVIDE
ADDITIONAL ELIGIBILITY QUALIFICATIONS, TO ESTABLISH THE PHYSICIAN ADVISORY
BOARD TO ASSIST THE DIVISION IN REVIEWING APPLICATIONS AND PROVIDE FOR ITS
MEMBERSHIP, POWERS, AND DUTIES, TO ESTABLISH A LIMIT ON PARTICIPATING
PHYSICIANS SUBJECT TO AVAILABLE FUNDING AND PROVIDE AN ANNUAL AND OVERALL
LIMIT OF AMOUNTS THAT MAY BE REIMBURSED, TO PROVIDE A PENALTY FOR FAILURE TO
COMPLETE THE PROGRAM CONTRACT, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL
APPROPRIATE FUNDS FOR THE PROGRAM IN THE ANNUAL GENERAL APPROPRIATIONS ACT. -
ratified title
03/14/05 House Introduced and read first time HJ-3
03/14/05 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-3
03/14/05 House Member(s) request name added as sponsor: Umphlett
03/16/05 House Member(s) request name added as sponsor: Allen,
Simrill, Bailey
04/13/05 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-57
04/14/05 Scrivener's error corrected
04/19/05 House Read second time HJ-131
04/20/05 House Read third time and sent to Senate HJ-30
04/20/05 Senate Introduced and read first time SJ-9
04/20/05 Senate Referred to Committee on Medical Affairs SJ-9
05/25/05 Senate Committee report: Favorable with amendment
Medical Affairs SJ-30
05/26/05 Senate Amended SJ-329
05/26/05 Senate Read second time SJ-329
05/27/05 Scrivener's error corrected
05/31/05 Senate Read third time and returned to House with
amendments SJ-28
05/31/05 House Concurred in Senate amendment and enrolled HJ-142
06/07/05 Ratified R 209
06/14/05 Became law without Governor's signature
06/17/05 Copies available
06/17/05 Effective date 06/14/05
06/21/05 Act No. 165
H. 3741
(A165, R209, H3741)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-200 SO AS TO ESTABLISH WITHIN THE DIVISION OF AGING THE STATE LOAN REPAYMENT PROGRAM, TO REIMBURSE THE STUDENT LOAN PAYMENTS OF PHYSICIANS COMPLETING FELLOWSHIPS IN GERIATRICS OR GEROPSYCHIATRY, WHO CONTRACT TO PRACTICE IN THIS STATE FOR NO FEWER THAN FIVE CONSECUTIVE YEARS, TO PROVIDE ADDITIONAL ELIGIBILITY QUALIFICATIONS, TO ESTABLISH THE PHYSICIAN ADVISORY BOARD TO ASSIST THE DIVISION IN REVIEWING APPLICATIONS AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, TO ESTABLISH A LIMIT ON PARTICIPATING PHYSICIANS SUBJECT TO AVAILABLE FUNDING AND PROVIDE AN ANNUAL AND OVERALL LIMIT OF AMOUNTS THAT MAY BE REIMBURSED, TO PROVIDE A PENALTY FOR FAILURE TO COMPLETE THE PROGRAM CONTRACT, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS FOR THE PROGRAM IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
State Loan Repayment Program
SECTION 1. Chapter 21, Title 43 of the 1976 Code is amended by adding:
"Section 43-21-200. (A) There is established within the Division of Aging the State Loan Repayment Program to reimburse student loan payments of a physician licensed or certified to practice in this State, who has completed a fellowship training program in geriatrics or geropsychiatry accredited by the Accreditation Council for Graduate Medical Education, is accepted into the program, and contracts with the division as provided in subsection (C) of this section.
(B)(1) To assist the division in selecting program participants, there is established the Physician Advisory Board to review applicants for the repayment reimbursement program. The board consists of five members, one each appointed by the division to represent:
(a) the South Carolina Medical Association;
(b) the South Carolina Commission on Higher Education;
(c) the Medical University of South Carolina;
(d) the School of Medicine of the University of South Carolina;
(e) a fellow in geriatrics or geropsychiatry.
Board members serve at the pleasure of the division and without compensation, but may receive the mileage, subsistence, and per diem allowed by law for members of boards, committees, and commissions, to be paid from approved accounts of the division.
(2) The board shall meet as necessary to review program applications and from among these applications recommend program candidates to the division. No physician may participate in the program who has not been recommended by the board. In considering applications, the board shall consider demonstrable need and make every effort to select those who intend to continue to practice in this State after completing the program. In order of priority in considering applicants for the program, the board shall consider first South Carolina natives completing fellowship programs in this State, then out-of-state applicants completing fellowships in this State, then South Carolina natives completing out-of-state fellowship programs, and finally out-of-state applicants completing out-of-state fellowships.
(C)(1) A physician accepted for the program shall execute a contract with the division in which the physician agrees:
(a) to practice in this State for no fewer than five consecutive years immediately following completion of his or her fellowship;
(b) to accept Medicare and Medicaid patients;
(c) to accept reimbursement or contractual binding rates; and
(d) not to discriminate against patients based on the ability to pay.
(2) Upon execution of the contract, the division shall reimburse student loan payments made by the physician during the last completed calendar quarter. No more than four physicians a year may participate in the program unless sufficient funding is available to reimburse, in accordance with this section, more than four physicians a year. The total amount that may be reimbursed to one physician is thirty-five thousand dollars multiplied by the number of years of the fellowship completed, prorated for periods less than one year.
(D) If the division determines that the physician is not in compliance with the contract, it shall refer this matter to the Physicians Advisory Board, which shall recommend an appropriate penalty which may be imposed by the division for noncompliance, which must be an amount not to exceed three times the total of reimbursement received plus interest at the prime rate plus ten percent calculated from the date noncompliance was determined.
(E) The division shall prescribe the form of applications and the procedures for reimbursement and may require such information and documentation as it determines appropriate for these applications and reimbursements.
(F) The General Assembly, in the annual general appropriations act, shall appropriate the funds necessary for the operation of the State Loan Repayment Program."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 7th day of June, 2005.
Became law without the signature of the Governor -- 6/14/05.
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