South Carolina General Assembly
116th Session, 2005-2006

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A165, R209, H3741

STATUS INFORMATION

General Bill
Sponsors: Reps. 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
Document Path: l:\council\bills\ggs\22994htc05.doc
Companion/Similar bill(s): 643

Introduced in the House on March 14, 2005
Introduced in the Senate on April 20, 2005
Last Amended on May 26, 2005
Passed by the General Assembly on May 31, 2005
Became law without Governor's signature, June 14, 2005

Summary: Geriatrics or geropsychiatry

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/14/2005  House   Introduced and read first time HJ-3
   3/14/2005  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs HJ-3
   3/14/2005  House   Member(s) request name added as sponsor: Umphlett
   3/16/2005  House   Member(s) request name added as sponsor: Allen, Simrill, 
                        Bailey
   4/13/2005  House   Committee report: Favorable Medical, Military, Public 
                        and Municipal Affairs HJ-57
   4/14/2005          Scrivener's error corrected
   4/19/2005  House   Read second time HJ-131
   4/20/2005  House   Read third time and sent to Senate HJ-30
   4/20/2005  Senate  Introduced and read first time SJ-9
   4/20/2005  Senate  Referred to Committee on Medical Affairs SJ-9
   5/25/2005  Senate  Committee report: Favorable with amendment Medical 
                        Affairs SJ-30
   5/26/2005  Senate  Amended SJ-329
   5/26/2005  Senate  Read second time SJ-329
   5/27/2005          Scrivener's error corrected
   5/31/2005  Senate  Read third time and returned to House with amendments 
                        SJ-28
   5/31/2005  House   Concurred in Senate amendment and enrolled HJ-142
    6/7/2005          Ratified R 209
   6/14/2005          Became law without Governor's signature
   6/17/2005          Copies available
   6/17/2005          Effective date 06/14/05
   6/21/2005          Act No. 165

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/14/2005
4/13/2005
4/14/2005
5/25/2005
5/26/2005
5/27/2005


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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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