PRINTER'S NO. 1979
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1672
Session of
2023
INTRODUCED BY MARCELL, VENKAT, CEPEDA-FREYTIZ, GREEN, HADDOCK,
HILL-EVANS, HOHENSTEIN, MADDEN, SANCHEZ, SHUSTERMAN AND
STEELE, SEPTEMBER 13, 2023
REFERRED TO COMMITTEE ON HEALTH, SEPTEMBER 13, 2023
AN ACT
Amending the act of April 9, 1929 (P.L.343, No.176), entitled
"An act relating to the finances of the State government;
providing for cancer control, prevention and research, for
ambulatory surgical center data collection, for the Joint
Underwriting Association, for entertainment business
financial management firms, for private dam financial
assurance and for reinstatement of item vetoes; providing for
the settlement, assessment, collection, and lien of taxes,
bonus, and all other accounts due the Commonwealth, the
collection and recovery of fees and other money or property
due or belonging to the Commonwealth, or any agency thereof,
including escheated property and the proceeds of its sale,
the custody and disbursement or other disposition of funds
and securities belonging to or in the possession of the
Commonwealth, and the settlement of claims against the
Commonwealth, the resettlement of accounts and appeals to the
courts, refunds of moneys erroneously paid to the
Commonwealth, auditing the accounts of the Commonwealth and
all agencies thereof, of all public officers collecting
moneys payable to the Commonwealth, or any agency thereof,
and all receipts of appropriations from the Commonwealth,
authorizing the Commonwealth to issue tax anticipation notes
to defray current expenses, implementing the provisions of
section 7(a) of Article VIII of the Constitution of
Pennsylvania authorizing and restricting the incurring of
certain debt and imposing penalties; affecting every
department, board, commission, and officer of the State
government, every political subdivision of the State, and
certain officers of such subdivisions, every person,
association, and corporation required to pay, assess, or
collect taxes, or to make returns or reports under the laws
imposing taxes for State purposes, or to pay license fees or
other moneys to the Commonwealth, or any agency thereof,
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every State depository and every debtor or creditor of the
Commonwealth," providing for J-1 Visa Waiver Primary Care
Physician Grant Program; and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of April 9, 1929 (P.L.343, No.176), known
as The Fiscal Code, is amended by adding an article to read:
ARTICLE I-K
J-1 VISA WAIVER PRIMARY CARE
PHYSICIAN GRANT PROGRAM
Section 101-K. Scope of article.
This article relates to the J-1 Visa Waiver Primary Care
Physician Grant Program.
Section 102-K. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Conrad 30 waiver." A waiver established under 8 U.S.C. §
1184(l) (relating to admission of nonimmigrants) that authorizes
an individual with a J-1 visa to apply for a waiver of the two-
year foreign residence requirement upon completion of the J-1
Exchange Visitor Program.
"Department." The Department of Health of the Commonwealth.
"Designated medically underserved area." The term shall mean
the same as under section 1301 of the act of December 2, 1992
(P.L.741, No.113), known as the Children's Health Care Act.
"Employer." A person, firm, partnership, association or
corporation that:
(1) employs a physician; and
(2) is not owned, under contract or otherwise affiliated
with a health system.
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"Flex 10 Waiver." The waiver authorized under 8 U.S.C. §
1184(l)(1)(D) that allows the department to recommend approval
of up to 10 requests from employers that are not physically
located in a designated medically underserved area or primary
care geographic health professional shortage area, but that
serves patients from one or more designated areas and that
employ physicians to serve patients in those designated areas.
"J-1 visa." The classification for individuals authorized to
participate in an approved program for the purpose of teaching,
instructing or lecturing, studying, observing, conducting
research, consulting, demonstrating special skills, receiving
training or to receive graduate medical education or training.
"Physician." A medical doctor or doctor of osteopathy who
primarily provides medical services in any one or more of the
following practice areas:
(1) Family medicine.
(2) Osteopathic general practice.
(3) General pediatrics.
(4) Geriatric medicine.
(5) Emergency medicine.
(6) Psychiatry.
(7) Obstetrics.
(8) General internal medicine.
"Primary care health professional shortage area." A
designation used to identify areas and population groups within
this Commonwealth that are experiencing a shortage of
physicians.
"Program." The J-1 Visa Waiver Primary Care Physician Grant
Program established under section 103-K.
Section 103-K. Establishment.
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There is established within the department the J-1 Visa
Waiver Primary Care Physician Grant Program to be administered
by the department.
Section 104-K. Use of funds.
The department shall award grants in accordance with this
article from money appropriated to the program by the General
Assembly.
Section 105-K. Application.
The following shall apply to applications for grants under
this article:
(1) Applications shall be on a form and submitted in a
manner determined by the department.
(2) Applications shall contain documentation as required
by the department.
(3) Applications shall be available electronically.
(4) The department shall receive and consider
applications on a rolling basis until funding for grants
under this article have been completely expended or until
December 31, 2030, whichever occurs first.
Section 106-K. Certification.
An employer that applies for a grant for the program shall
certify in good faith all of the following:
(1) The employer employs a physician to work in a
designated medically underserved area, a primary care health
professional shortage area or a designated area that has been
approved for a Flex 10 Waiver.
(2) The employed physician has been approved for a
Conrad 30 waiver.
(3) The grant award will be used to assist the employer
in paying the salary of the employed physician.
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(4) That the employer may not receive more than one
grant award under this article per physician per calendar
year.
(5) The employer agrees to abide by all program
requirements established by the department.
(6) Acknowledgment that failure to abide by program
requirements established by the department:
(i) shall result in removal from the program; and
(ii) may result in recoupment of grant money as
authorized by law.
(7) That the information provided in the application and
all supporting documents and forms is true and accurate in
all material aspects. An applicant, or an authorized
representative of the applicant, that knowingly makes a false
statement to obtain a grant shall be subject to 18 Pa.C.S. §
4904 (relating to unsworn falsification to authorities).
Section 107-K. Review of application.
(a) Determination.--The department shall approve or
disapprove an application for the program. The department shall
provide reasons for a disapproval or for a grant award less than
the amount requested in an application.
(b) Grant agreement.--After approval of an application, the
department shall enter into a grant agreement with the employer.
A fully executed grant agreement shall be required before the
disbursement of a grant award. The following shall apply to
grant agreements:
(1) The grant agreement shall explain the terms and
conditions of the grant, including the applicable laws of
this Commonwealth and the United States, and reporting
requirements.
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(2) The grant agreement shall explain the department's
policies and procedures related to the Conrad 30 waiver, the
Flex 10 Waiver and other policies and procedures that must be
followed under Federal or State regulations.
(3) The grant agreement may be electronically signed by
all applicable parties.
(c) Awards.--
(1) The department shall distribute a grant award to an
employer in accordance with this article no later than 60
days after approval of a grant application by the department.
(2) An employer may receive up to $100,000 a year for a
period of three years. The employer and physician must
continue to meet the requirements under this article to
receive an award each year. The department may require
documentation from the employer and physician each year.
(3) The department may award grants in increments of
$10,000, not to exceed the limitation under paragraph (2).
(d) Priority of grant awards.--The department shall give
priority in the awarding of a grant to employers that have not
previously been awarded a grant for another physician during the
same calendar year.
Section 108-K. Reports.
(a) Contents.--No later than December 31 of each year, the
department shall publish a report on its publicly accessible
Internet website that contains the following information:
(1) A list of grants awarded.
(2) The name and address of each employer awarded a
grant under this article.
(3) The amount of the grant, the purpose of the grant
and a description of the financial impact on the grant
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recipient.
(4) The total amount of the appropriation under section
109-K that has been distributed each calendar year.
(b) Submission.--The department shall submit the report
under subsection (a) to the following:
(1) The chair and minority chair of the Appropriations
Committee of the Senate.
(2) The chair and minority chair of the Appropriations
Committee of the House of Representatives.
(3) The chair and minority chair of the Health and Human
Services Committee of the Senate.
(4) The chair and minority chair of the Health Committee
of the House of Representatives.
(c) Final report.--Upon disbursement of all money
appropriated for the program or December 31, 2030, whichever is
earlier, the department shall publish a final report under the
requirements of this section within six months.
Section 109-K. Appropriation.
The sum of $10,000,000 is appropriated on a continuing basis
from the General Fund to the department for the program and
payment of grants under this article.
Section 110-K. Tax applicability.
Grants awarded under this article may not be considered
taxable income to an employer or physician for purposes of
Article III of the act of March 4, 1971 (P.L.6, No.2), known as
the Tax Reform Code of 1971.
Section 111-K. Compliance.
The employer and physician shall permit the department to
determine compliance with the requirements of this article. If
the employer or physician fails to comply with the requirements
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of this article, the employer, physician or both shall reimburse
the Commonwealth for the amount of the grant received, including
interest accrued, as determined by the department based on a
determination of which party violated this article. The
employer, physician and the department shall make every effort
to resolve conflicts in order to prevent a breach of program
requirements established by the department.
Section 2. This act shall take effect in 180 days.
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