New Mexico 2019 Regular Session Status: In Committee

SB 133 — CLINICIAN LOAN REPAYMENT PROGRAM

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

199 added · 134 removed

Plain-language change summary

The recent changes to SB 133 establish a new program specifically called the "Rural Primary Care Clinician Loan Repayment Act." This act aims to help rural health organizations recruit and retain eligible healthcare professionals like doctors, physician assistants, and nurse practitioners by offering loan repayment assistance. These amendments are important because they make targeted investments in healthcare access in rural areas, addressing critical shortages and ensuring that more communities can receive the medical care they need.

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SENATE BILL 133 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSIO, 2019 INTRODUCED BY Gerald Ortiz y Pino 6 8 10 AN ACT RELATING TO HEALTH;
SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR SENATE BILL 133 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 4 6 8 10 AN ACT RELATING TO HEALTH;
AMENDING SECTIONS OF THE RURAL PRIMARY HEALTH CARE ACT TO CREATE A CLINICIAN LOAN REPAYMENT PROGRAM;
ENACTING THE RURAL PRIMARY CARE CLINICIAN LOAN REPAYMENT ACT;
MAKING AN APPROPRIATION.
PROVIDING FOR A LOAN REPAYMENT PROGRAM TO ASSIST RURAL PRIMARY CARE ORGANIZATIONS TO RECRUIT AND RETAIN 14 ELIGIBLE CLINICIANS;
14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
CREATING A FUND.
SECTION 1.
16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 24-1A-1 NMSA 1978 (being Laws 1981, e t 17 Chapter 295, Section 1) is amended to read:
e t 17 SECTION 1.
w l n d 18 "24-1A-1.
[NEW MATERIAL ] SHORT TITLE.--This act may be w l n d 18 cited as the "Rural Primary Care Clinician Loan Repayment Act".
SHORT TITLE.--[This act ] Chapter 24, Article 1A = = 19 NMSA 1978 may be cited as the "Rural Primary Health Care Act"." a l i a e r 20 SECTION 2.
= = 19 SECTION 2.
Section 24-1A-3 NMSA 1978 (being Laws 1981, a t m m 21 Chapter 295, Section 3, as amended) is amended to read:
[NEW MATERIAL] DEFINITIONS.--As used in the a l i a e r 20 Rural Primary Care Clinician Loan Repayment Act:
d r e 22 "24-1A-3.
a t m m 21 A.
DEFINITIONS.--As used in the Rural Primary c e s k 23 Health Care Act:
"award" means a written commitment from the d r e 22 department to an eligible organization agreeing to repay or c e s k 23 reduce the loan of an eligible clinician hired by the eligible e a n b 24 organization;
e a n b 24 A.
u [ B.
"health care underserved areas" means a u [ geographic area in which it has been determined by the .211668.1 department [of health ], through the use of indices and other standards set by the department, that sufficient primary health care is not being provided to the citizens of that area;
B.
"eligible programs" means nonprofit community- based entities that provide or commit to provide primary health care services for residents of health care underserved areas and includes rural health facilities and those serving primarily low-income populations;
C.
[and] D.
.213002.4 SPAC/SB 133 C.
(4) a dentist;
(4) a nurse practitioner;
(5) a dental hygienist;
(5) a dentist;
e e 17 (6) a dental therapist;
(6) a dental hygienist;
e e n d 18 (7) a psychologist;
(7) a dental therapist;
= = l ] 19 (8) an independent social worker;
(8) a psychologist;
a l r i 20 (9) a master social worker;
(9) an independent social worker;
t e a t (10) an art therapist;
(10) a master social worker;
m m 21 e d r e 22 (11) a licensed professional mental health c e r c 23 counselor;
(11) an art therapist;
e a n b 24 (12) a licensed clinical professional mental u [ health counselor;
(12) a licensed professional mental health counselor;
.211668.1 - 2 - (13) an alcohol and drug abuse counselor;
(13) a licensed clinical professional mental health counselor;
(14) a substance abuse associate;
e e 17 (14) an alcohol and drug abuse counselor;
(15) a marriage and family therapist;
e e n d 18 (15) a substance abuse associate;
or (16) an associate marriage and family therapist;
= = l ] 19 (16) a marriage and family therapist;
6 E.
or a l r i 20 (17) an associate marriage and family t e a t therapist;
"loan repayment program" means a program to provide a loan repayment incentive for eligible programs to recruit and hire eligible clinicians in accordance with the provisions of Subsection A of Section 24-1A-3.1 NMSA 1978;
m m 21 e d D.
and [D.] F.
"eligible organization" means a nonprofit r e 22 c e r c 23 community-based or public entity whose primary purpose is to e a n b 24 provide primary health care services for residents of health u [ care underserved areas;
"primary health care" means the first level of basic or general health care for an individual's health needs, including diagnostic and treatment services." SECTION 3.
.213002.4 - 2 - SPAC/SB 133 E.
Section 24-1A-3.1 NMSA 1978 (being Laws 1983, Chapter 236, Section 3, as amended) is amended to read:
"health care underserved area" means a geographic area, population or facility for which the department has determined, through the use of indices and other standards set by the department, that sufficient primary health care is not being provided to the residents of that area;
"24-1A-3.1.
F.
DEPARTMENT--TECHNICAL AND FINANCIAL ASSISTANCE.--To the extent funds are made available for the e e 17 purposes of the Rural Primary Health Care Act, the department e e n d 18 is authorized to:
"loan" means a grant of money to defray the costs incidental to a health education, under a contract between the federal government or a commercial lender and an eligible clinician, requiring repayment of principal and interest;
= = l ] 19 A.
G.
provide for a program to recruit [and retain a l r i 20 health care personnel in] eligible clinicians for health care t e a t underserved areas through the creation of a loan repayment m m 21 e d r e 22 program pursuant to which, in accordance with department rules:
"loan repayment program" means a program to provide a loan repayment award for eligible organizations to recruit, hire and retain eligible clinicians in accordance with the provisions of the Rural Primary Care Clinician Loan Repayment Act;
c e r c 23 (1) the department commits funding to allow e a n b 24 eligible programs to provide a loan repayment incentive to u [ eligible clinicians that the eligible programs seek to recruit .211668.1 - 3 - and hire;
H.
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(2) the department awards loan repayment funds to eligible clinicians who are newly hired employees of eligible programs;
"primary health care" means the first level of e e 17 basic or general health care for an individual's health needs, e e n d 18 including preventive diagnostic and medical treatment services;
and (3) the department remits loan repayment 6 payments directly to educational lenders on behalf of the newly hired employees of eligible programs;
= = l ] 19 and a l r i 20 I.
"recipient" means an eligible clinician with a t e a t loan who is hired by an eligible organization and approved for m m 21 e d loan repayment by the department.
r e 22 c e r c 23 SECTION 3.
[NEW MATERIAL ] DEPARTMENT POWERS AND DUTIES-- e a n b 24 PARTICIPANT ELIGIBILITY--QUALIFICATIONS.-- u [ A.
The department may grant an award to an eligible .213002.4 - 3 - SPAC/SB 133 organization to repay the loans of recipients, obtained for health educational expenses of a recipient upon such terms and conditions as may be imposed by regulations of the department.
develop plans for and coordinate the efforts of other public and private entities assisting in the provision of primary health care services through eligible programs;
The eligible recipient shall be licensed or certified to practice in the state and provide primary care services within designated health care underserved areas of the state.
provide for technical assistance to eligible programs in the areas of administrative and financial management, clinical services, outreach and planning;
The department shall be allowed up to three percent of expenditures in each fiscal year for administration of the loan repayment program.
D.
SECTION 4.
provide for distribution of financial assistance to and on behalf of eligible programs that have applied for and demonstrated a need for assistance in order to sustain a e e 17 minimum level of delivery of primary health care services and e e n d 18 recruit eligible clinicians under the loan repayment program;
[NEW MATERIAL ] DELEGATION OF DUTIES.--The department may delegate to other agencies or contract for the performance of services required by the provisions of the Rural Primary Care Clinician Loan Repayment Act.
= = l ] 19 and a l r i 20 E.
SECTION 5.
provide a program for enabling the development t e a t of new primary care health care services or facilities, and m m 21 e d r e 22 that program:
[NEW MATERIAL ] AWARD CRITERIA--CONTRACT TERMS--PAYMENT.-- e e 17 A.
c e r c 23 (1) shall give preference to communities that e a n b 24 have few or no community-based primary care services;
An eligible organization seeking an award to be e e n d 18 used to offer loan repayment to new eligible clinician recruits = = l ] 19 shall file an application with the department.
u [ (2) may require in-kind support from local .211668.1 - 4 - communities where primary care health care services or facilities are established;
a l r i 20 B.
(3) may require primary care health care services or facilities to assure provision of health care to the medically indigent;
The department shall establish award criteria, t e a t which criteria shall provide that:
and (4) shall permit the implementation of innovative and creative uses of local or statewide health care resources, or both, other than those listed in Paragraphs (2) and (3) of this subsection." SECTION 4.
m m 21 e d r e 22 (1) amounts shall be dependent upon the type c e r c 23 of clinician the eligible organization is seeking to recruit;
Section 24-1A-4 NMSA 1978 (being Laws 1981, Chapter 295, Section 4, as amended) is amended to read:
e a n b 24 (2) recruitment awards shall be made to u [ eligible organizations operating licensed practices in approved .213002.4 - 4 - SPAC/SB 133 health care underserved areas;
"24-1A-4.
(3) the eligible organization has demonstrated a need to recruit eligible clinicians;
RULES [AND REGULATIONS ].--Subject to the State Rules Act, the department shall adopt rules [and regulations ] for recruiting [health care personnel in ] eligible clinicians for health care underserved areas and shall establish a formula for distribution of financial assistance to eligible programs e e 17 [which] that shall take into account the relative needs of e e n d 18 applicants for assistance;
(4) the eligible organization has demonstrated the difficulty in filling clinician vacancies in the health care underserved area;
provided that funds may not be = = l ] 19 expended for land or facility acquisition or debt amortization;
(5) the eligible organization has demonstrated the need for financial assistance to recruit eligible clinicians;
a l r i 20 and further provided that a local match of ten percent shall be t e a t required from each local recipient for each request for m m 21 e d r e 22 assistance." c e r c 23 SECTION 5.
(6) award amounts may be modified based upon available funding or other special circumstances;
APPROPRIATION.--Three million dollars e a n b 24 ($3,000,000) is appropriated from the general fund to the u [ department of health for expenditure in fiscal years 2020 and .211668.1 - 5 - 2021 to fund the department's provision of loan repayment assistance for the recruitment and hiring of eligible clinicians in accordance with the provisions of Section 24-1A-3.1 NMSA 1978.
and (7) an award shall not exceed the total health professional education indebtedness of any recipient.
Any unexpended or unencumbered balance remaining at the end of fiscal year 2021 shall revert to the general fund.
SECTION 6.
- 6 - 9 11 13 15 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .211668.1
[NEW MATERIAL ] AWARDS.-- A.
The department shall make awards to eligible organizations.
e e 17 B.
An eligible organization shall have nine months e e n d 18 to recruit eligible clinicians after receiving notification of = = l ] 19 an award.
a l r i 20 C.
The department shall make a full and careful t e a t investigation of the ability, character and qualifications of m m 21 e d each eligible clinician to determine fitness to become a r e 22 c e r c 23 recipient in the loan repayment program.
e a n b 24 D.
The following education debts are not eligible u [ for repayment pursuant to the Rural Primary Care Clinician Loan .213002.4 - 5 - SPAC/SB 133 Repayment Act:
(1) amounts incurred as a result of participation in state loan-for-service programs or other state programs whose purpose states that service be provided in exchange for financial assistance;
(2) scholarships that have a service component or obligation;
(3) personal loans from friends or relatives;
(4) loans that exceed individual standard school expense levels;
or (5) loans that are being repaid or reduced through other loan repayment programs.
E.
The department shall enter into a loan repayment agreement, evidenced by a contract between the recipient and the department acting on behalf of the state.
The contract shall provide for the payment by the state of a stated sum to e e 17 the recipient's debtors and shall state the obligations of the e e n d 18 recipient under the program, including a minimum two-year = = l ] 19 period of service, quarterly reporting requirements and other a l r i 20 policies established by the department.
t e a t F.
Recipients shall serve a full quarter of service m m 21 e d and shall request approval of that service upon submission of a r e 22 c e r c 23 report certifying completion of the service.
The minimum e a n b 24 credit for a quarter shall be established by the department.
u [ G.
If a recipient does not comply with the terms of .213002.4 - 6 - SPAC/SB 133 the contract, the department shall terminate the contract unless the department finds acceptable extenuating circumstances for why the recipient cannot serve or comply with the terms of the contract, in which case the department may temporarily suspend the contract.
H.
The department shall adopt regulations to implement the provisions of this section.
The regulations may provide for the disbursement of loan repayment awards directly to the lenders of recipients in periodic installments.
SECTION 7.
[NEW MATERIAL ] CONTRACTS--ENFORCEMENT.--The general form of the contract required shall be prepared and approved by the attorney general and signed by the recipient and the designated representative of the department on behalf of the state.
SECTION 8.
[NEW MATERIAL ] FUND CREATED--DISTRIBUTIONS.-- The "rural primary care clinician loan repayment fund" is e e 17 created as a nonreverting fund in the state treasury.
The fund e e n d 18 is composed of appropriations, donations and money earned from = = l ] 19 investment of the fund and otherwise accruing to the fund.
a l r i 20 Money in the fund is appropriated to the department to provide t e a t a revenue stream to finance the activities of the Rural Primary m m 21 e d Care Clinician Loan Repayment Act.
All money appropriated for r e 22 c e r c 23 the loan repayment program shall be credited and deposited to e a n b 24 the fund.
All payments for awards shall be made upon vouchers u [ signed by the designated representative of the department and .213002.4 - 7 - SPAC/SB 133 upon warrant issued by the secretary of finance and administration.
Balances remaining in the fund at the end of a fiscal year shall not revert.
SECTION 9.
[NEW MATERIAL ] CANCELLATION.--The department may cancel any contract made between it and any recipient for any reasonable cause deemed sufficient by the department.
SECTION 10.
[NEW MATERIAL] REPORTS.--The department shall make annual reports to the governor and to the legislature, prior to each regular session, of its activities, the awards granted, the names and addresses of award recipients, the names and locations of the practices of those recipients who are serving in a designated health care underserved area of the state pursuant to the Rural Primary Care Clinician Loan Repayment Act.
- 8 - e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .213002.4
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Action History

  1. action postponed indefinitely

  2. DO NOT PASS, replaced with committee substitute

  3. Sent to Senate Public Affairs Committee & Senate Finance Committee

  4. Sent to Senate Pre-file

Sponsors

  • Gerald Ortiz y Pino · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

  • Ortiz y Pino, Gerald

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 133?
SB 133 is sponsored by Ortiz y Pino, Gerald.
What is the current status of SB 133?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 133?
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