D.C. Law 24-313. High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Amendment Act of 2022.

AN ACT

To establish the High-Need Healthcare Career Scholarships and Supports Program and eligibility requirements for applicants to the program, to require commitments from program participants, to establish eligibility and selection criteria for participating training programs and schools, and to provide the Mayor with rulemaking authority to implement the program; to amend the District of Columbia Health Professional Recruitment Program Act of 2005 to expand the Health Recruitment Program to include loan repayments for specialized and sub-specialized medical practices and part-time participants in medically underserved areas; and to amend section 47-1803.02 of the District of Columbia Official Code to exclude from the calculation of gross income tuition fees or other expenses for the High-Need Healthcare Career Scholarships and Supports Program.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Amendment Act of 2022".

TITLE I. HIGH-NEED HEALTHCARE CAREER SCHOLARSHIP AND SUPPORTS PROGRAM.

Sec. 101. Definitions.

For purposes of this title, the term:

(1) "High-need healthcare career" means a career as nursing assistive personnel, an emergency medical technician, a paramedic, or any healthcare profession as may be determined by the Mayor.

(2) "Program" means the High-Need Healthcare Career Scholarships and Supports Program established pursuant to this title.

Sec. 102. High-Need Healthcare Career Scholarships and Supports Program.

(a)(1) The Mayor shall establish the High-Need Healthcare Career Scholarships and Supports Program for the purpose of increasing the number of healthcare workers in high-need healthcare careers in the District by providing supports and services to individuals who agree to serve as such workers in the District.

(2) The Program may pay for expenses incurred by:

(A) Program participants to obtain credentials to serve as healthcare workers in high-need healthcare careers, including the costs of education, training, transportation, and examinations; and

(B) Approved schools and training programs for providing education and training to Program participants.

(b) To participate in the Program, an applicant must:

(1) Be a citizen or permanent resident of the United States;

(2) Submit a completed application, in such form and with such information and documentation as may be required by the Mayor; and

(3) Be selected for participation by the Mayor based upon:

(A) The individual's relevant experience;

(B) The individual's ability to successfully complete the necessary education, training, examination, and licensing, certification, or registration requirements to serve as a healthcare worker in a high-need healthcare career in the District;

(C) The individual's ability to serve successfully as a healthcare worker in a high-need healthcare career;

(D) The individual's commitment to serve as a healthcare worker in a high-need healthcare career in the District for at least 2 years following their licensure, certification, or registration as a healthcare worker; and

(E) Such other factors as the Mayor may establish, which may include preferential consideration for:

(i) Residents of the District;

(ii) Applicants committed to enrolling in a school or training program located in the District;

(iii) Residents of a Health Professional Shortage Area or Medically Underserved Area, as those terms are defined in section 2(4) and (5) of the District of Columbia Health Professional Recruitment Program Act of 2005, effective March 8, 2006 (D.C. Law 16-71; D.C. Official Code § 7-751.01(4) and (5));

(iv) Applicants who are immediately eligible and available for education or training;

(v) Applicants who commit to serving as a healthcare worker in a high-need healthcare career in the District for more than 2 years;

(vi) Applicants who are fluent in Spanish, Chinese, Vietnamese, Korean, French, or Amharic; or

(vii) Applicants demonstrating a desire to reside within the District.

(c) Each applicant selected for participation in the Program shall enter into a contract with the District agreeing to:

(1) Complete the necessary education, training, and examinations to become a healthcare worker in a high-need healthcare career in the District;

(2) Serve a minimum of 2 years as a healthcare worker in a high-need healthcare career in the District; and

(3) Provide such information and reports on the individual's participation in the Program as may be required by the District.

(d) The contract required by subsection (c) of this section may provide the District with specific remedies for a Program participant's breach of the contract, and the District shall have the general right to enforce the contract in law or equity.

Sec. 103. Eligibility requirements for participating schools and training programs.

(a) A school or training program applying to participate in the Program shall be licensed to operate and in good standing in the District or another state.

(b) Eligible schools and training programs shall be competitively reviewed and selected by the Mayor for participation in the Program based on:

(1) The number of years the school or training program has successfully provided education or training in the healthcare sector and in high-need healthcare careers;

(2) The quality of the education or training provided by the school or training program;

(3) The school or training program's commitment to train individuals for high-need healthcare careers; and

(4) Such other relevant factors as the Mayor may establish by rule.

(c) Preferential consideration for participation in the Program shall be given to eligible schools and training programs located in the District.

(d) Each school or training program selected to participate in the Program shall enter into a contract with the District agreeing to:

(1) Educate or train Program participants;

(2) Assist Program participants in the required examinations;

(3) Pay the examination fees necessary for the Program participant's licensure, registration, or certification in a high-need healthcare career;

(4) Assist Program participants in submitting applications for their licensure, registration, or certification in a high-need healthcare career; and

(5) Submit such reports and information regarding the school or training program's Program participation as may be required by the Mayor.

(e) The contract required by subsection (d) of this section may provide the District with specific remedies for a school or training program's breach of the contract, and the District shall have the general right to enforce the contract in law or equity.

Sec. 104. Rulemaking authority.

The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1024; D.C. Official Code § 2-501 et seq.), may issue rules to implement the provisions of this title.

TITLE II. AMENDMENTS.

Sec. 201. Section 47-1803.02(a)(2) of the District of Columbia Official Code is amended by adding a new subparagraph (XX) to read as follows:

"(XX) The amount received by an individual or a school or program on behalf of an individual to cover the individual's tuition, fees, or other expenses pursuant to Title I of the High-Need Healthcare Career Scholarship and Supports Program Amendment Act of 2022, passed on 2nd reading on December 20, 2022 (Enrolled version of Bill 24-943).".

Sec. 202. The District of Columbia Health Professional Recruitment Program Act of 2005, effective March 8, 2006 (D.C. Law 16-71; D.C. Official Code § 7-751.01 et seq.), is amended as follows:

(a) Section 2 (D.C. Official Code § 7-751.01) is amended as follows:

(1) Paragraph (4) is amended by striking the phrase "dental, or mental health professionals" and inserting the phrase "dental, mental health, specialty, or sub-specialty professionals" in its place.

(2) Paragraph (7) is amended to read as follows:

"(7) "Physician" means a person who is licensed by the Board of Medicine to engage in the practice of medicine in the District and who is in good standing under such license.".

(3) A new paragraph (7A) is added to read as follows:

"(7A) "Program" means the District of Columbia Health Professional Recruitment Program established by section 3.".

(4) Paragraph (9) is amended to read as follows:

"(9) "Service obligation site" means:

"(A) A nonprofit entity located in a Health Professional Shortage Area or a Medically Underserved Area within the District that provides primary care, mental health, dental, or sub-specialty services to District residents regardless of their ability to pay;

"(B) A Department of Health program;

"(C) A Department of Behavioral Health program;

"(D) A private practice setting that serves residents of a Medically Underserved Area, and accepts a minimum percentage or total number of patients, as determined by the Director, participating in Medicare, Medicaid, HealthCare Alliance, or similar public insurance programs at a threshold determined by the Department of Health; or

"(E) Any other District program designated by the Director as a service obligation site.".

(b) Section 4 (D.C. Official Code § 7-751.03) is amended by adding a new subsection (c) to read as follows:

"(c) The Director may impose additional requirements regarding the location of private practices or the acceptance of insurance types among those practices, as the Director considers appropriate to support the goal of an equitable distribution of healthcare providers among District residents.".

(c) Section 8(a)(2) (D.C. Official Code § 7-751.07(a)(2)) is amended to read as follows:

"(2)(A) Full-time participants shall provide service of at least 1,800 hours per year. On-call status shall not count toward the annual 1,800 hour requirement. Exceptions to the 1,800 hour annual requirement or the on-call provision of this subparagraph may be approved by the Director prior to placement.

"(B) Part-time participants shall provide service of at least 900 hours per year. On-call status does not count toward the annual 900 hour requirement. Exceptions to the 900 hour annual requirement or the on-call provision of this subparagraph may be approved by the Director prior to placement.".

(d) Section 9 (D.C. Official Code § 7-751.08) is amended as follows:

(1) Subsection (a) is amended by striking the phrase "Physicians and dentists shall be eligible" and inserting the phrase "Physicians and dentists who are full-time participants in the Program shall be eligible" in its place.

(2) The lead-in language of subsection (a-1) is amended to read as follows:

"Physicians who are full-time participants in the Program and who specialize and practice in obstetrics and gynecology, psychiatry, or another medical specialty identified by the Director or who sub-specialize and practice in oncology, cardiology, neurology, infectious diseases, pulmonary diseases, nephrology, endocrinology, podiatry, ophthalmology, or another medical sub-specialty identified by the Director shall be eligible to have 100% of their total debt, not to exceed $200,000, repaid by the Program over 4 years of service; provided, that the participants provide full-time service in Ward 7 or 8. For each year of participation, the Program will repay loan amounts according to the following schedule:".

(3) Subsection (b) is amended by striking the phrase "Other health professionals shall be eligible" and inserting the phrase "Other health professionals who are full-time participants in the Program shall be eligible" in its place.

(4) New subsections (d), (e), (f), and (g) are added to read as follows:

"(d) Physicians and dentists who are part-time participants in the Program shall be eligible to have 100% of their total debt, not to exceed $60,000, repaid by the Program over 4 years of service. For each year of participation, the Program will repay loan amounts according to a schedule set by the Mayor.

"(e) Physicians who are part-time participants in the Program and who specialize and practice in obstetrics and gynecology, psychiatry, or another medical specialty identified by the Director or who sub-specialize and practice in oncology, cardiology, neurology, infectious diseases, pulmonary diseases, nephrology, endocrinology, podiatry, ophthalmology, or another medical sub-specialty identified by the Director shall be eligible to have 100% of their total debt, not to exceed $100,000, repaid by the Program over 4 years of service; provided, that the participants provide part-time service in Ward 7 or 8. For each year of participation, the Program will repay loan amounts according to a schedule set by the Mayor.

"(f) Other health professionals who are part-time participants in the Program shall be eligible to have 100% of their total debt, not to exceed $33,000, repaid by the Program over 4 years of service. For each year of participation, the Program will repay loan amounts according to a schedule set by the Mayor.

"(g) The Director may only add to the list of priority specialties or sub-specialties identified in this section based on the health care needs of District residents.".

TITLE III. GENERAL PROVISIONS.

Sec. 301. Applicability.

(a) Title I shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of this act.

Sec. 302. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 303. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

Law Information

Cites

  • D.C. Law 24-313 (PDF)
  • D.C. Act 24-741 (PDF)
  • 70 DCR 600

Effective

Mar. 10, 2023

Legislative History (LIMS)

Law 24-313, the “High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Amendment Act of 2022,” was introduced in the Council and assigned Bill No. 24-943 which was referred to the Health. The bill was adopted on first and second readings on Dec. 6, 2022, and Dec. 20, 2022, respectively. After mayoral review, it was assigned Act No. 24-741 on Jan. 10, 2023, and transmitted to Congress for its review. D.C. Law 24-313 became effective Mar. 10, 2023.