405574 Health Professional Recruitment ProgramGeneral ProvisionsApplication for Participation in ProgramRenewal of Participation in ProgramReview and Approval of ApplicationRetention of ApplicationsReapplicationParticipation ...
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DEPARTMENT OF HEALTH
NOTICE OF PROPOSED RULEMAKING
The Director of the Department of Health, pursuant to the authority set forth in section 17 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 § 7-751.16), and Mayor’s Order 2009-176, dated October 13, 2009, hereby gives notice of his intent to take final rulemaking action to adopt the following amendments to Title 22-B of the District of Columbia Municipal Register (DCMR) in not less than thirty (30) days after the date of publication of this notice in the D.C. Register.
The proposed rulemaking will amend Title 22-B by adding a new Chapter 61 to establish rules for the Health Professional Recruitment Program.
Title 22-B (Public Health and Medicine) of the DCMR is amended by adding a new Chapter 61 to read as follows:
CHAPTER 61 HEALTH PROFESSIONAL RECRUITMENT PROGRAM
6100 GENERAL PROVISIONS
6100.1 The provisions of this chapter shall apply to an applicant for, or recipient of, loan repayment funds under the District of Columbia Health Professional Recruitment Program Act of 2005, effective March 8, 2006 (Act) (D.C. Law 16-71; D.C. Official Code § 7-751.01 et seq.).
6100.2 The Program was established for the purpose of recruiting health professionals to provide services in a Medically Underserved Area (MUA) or a Health Professional Shortage Area (HPSA) within the District by paying a percentage of a participant’s tuition and educational expenses through loan repayment. The amount of loan repayment is set forth in D.C. Official Code § 7-751.08.
6100.3 The Program is administered by the Department of Health, which is authorized to:
(a) Establish the application process;
(b) Certify acceptable Service Obligation Sites;
(c) Conduct surveys to ensure participant compliance with the Program;
(d) Disburse all awarded funds; and
(e) Administer any other necessary Program functions.
6100.4 Payment to persons eligible for the Health Professional Recruitment Program shall be subject to the availability of funds in the Health Professional Recruitment Fund established by section 16a of the Act (D.C. Official Code § 7-751.16a).
6101 APPLICATION FOR PARTICIPATION IN PROGRAM
6101.1 An applicant proposing to provide services at an approved Service Obligation Site that is not in a MUA is eligible for loan repayment if the applicant provides services related to the HPSA designation where the Service Obligation Site is located. HPSA designations are set forth in section 6108.5. For example, a dentist applicant would qualify for loan repayment if the Service Obligation Site was a Dental HPSA but would not be eligible if the Service Obligation Site provided dental services but was not located in a Dental HPSA.
6101.2 An applicant for the Health Professional Recruitment Program shall apply during one (1) of two (2) application periods. The first application period shall be from January 1 to January 31 of each calendar year, and the second application period shall be from June 1 to June 30 of each calendar year.
6101.3 Application shall be made on a form prescribed by the Director and shall include such information and documents the Director may require.
6102 RENEWAL OF PARTICIPATION IN PROGRAM
6102.1 A participant in the Health Professional Recruitment Program who has completed the original contracted two (2) year term of service may apply to renew his or her contract for up to two (2) additional years of service. The maximum term of service of a participant in the Program shall be four (4) years, including the original contracted term and any renewal terms.
6102.2 A participant seeking to renew his or her contract shall:
(a) Request a one (1) year contract modification for each additional year of service requested;
(b) Request the one (1) year contract modification at least three (3) months before the expiration of the current original contract or contract modification;
(c) Provide verification of personal and employment information at least thirty (30) days before the expiration of the current contract;
(d) Provide at least thirty (30) days before the expiration of the current contract a letter signed by the participant’s employer confirming the participant’s continued employment for the period of the proposed contract addendum; and
(e) Provide current professional licensing verification at least thirty (30) days before the expiration of the current contract.
6103 REVIEW AND APPROVAL OF APPLICATION
6103.1 The Director shall review each application and provide a written decision to each applicant by March 1 for the first application period and by September 1 for the second application period. The Director shall provide a written reason for rejection of an application. The Director shall review and select applications for participation based on the following:
(a) Professional qualifications and relevant experience, including:
(1) Board eligibility or certification in a specialty;
(2) Professional achievements; and
(3) Other indicators of competency received from supervisors, department chairs, and program directors; and
(b) A demonstrated commitment to serve in a HPSA or MUA.
6103.2 The Director shall give priority in making an offer of participation to an applicant and shall give priority to renewing the contract of an existing participant based on the following:
(a) District of Columbia residency;
(b) Graduation from a District of Columbia health profession school or program;
(c) Residence within a HPSA or MUA within the District of Columbia;
(d) Immediate eligibility or availability for service;
(e) Commitment to longer periods of service;
(f) Service at a site that is also a qualified Medical Homes DC provider; and
(g) Target percentages of participants in health disciplines as follows:
(1) Sixty percent (60%) participation by primary health care providers;
(2) Twenty percent (20%) participation by mental health care providers; and
(3) Twenty percent (20%) participation by dental health providers.
6103.3 The Director may deny an application for an otherwise qualified applicant if:
(a) The application is for a health care provider in an over-represented discipline;
(b) There are insufficient funds available in the Fund established by section 16a of the Act; or
(c) Either or both of the conditions in paragraphs (a) and (b) apply and the applicant receives low priority under section 6103.2.
6103.4 If the Director receives qualified applications that exceed either the total funding availability or an individual discipline threshold, the Director shall prioritize Program participation by giving priority according to the following criteria:
(a) A higher application score shall receive higher priority;
(b) If the number of Program participants already assigned to the applicant’s chosen practice site or organization is high, then the application shall receive lower priority;
(c) If the applicant will serve in an area where there is a documented provider shortage and higher need, then the application shall receive higher priority;
(d) If the numbers of National Health Service Corps and or HPLRP participants already assigned to the applicant’s chosen practice site or organization are high, then the application shall receive lower priority; and
(e) Additional information provided by the primary care office about the application may affect priority of the applicant.
6104 RETENTION OF APPLICATIONS
6104.1 The Department shall not be required to keep on file a rejected application for more than two (2) months after the applicant is notified of his/her rejection.
6104.2 An applicant receiving notice of rejection may reclaim the application no later than two (2) months after notification.
6105 REAPPLICATION
6105.1 An applicant who is not accepted into the Program for any reason may re-apply during any subsequent application cycle.
6106 PARTICIPATION CONTRACTS
6106.1 Each participant in the Program shall sign a contract with the Department of Health setting out the terms and conditions of his or her participation.
6106.2 An applicant who receives preliminary notice of approval of his or her application shall sign a contract and return it to the Department of Health for the Director’s signature by March 15 for an application submitted in the first application period and by September 15 for an application submitted in the second application period.
6106.3 The contract start dates shall be April 1 for the first application period and October 1 for the second application period.
6107 INVOICES
6107.1 A participant shall submit an invoice for each quarter of service on a form provided by the Department of Health.
6107.2 Once completed with all required information, the form shall be scanned and attached to an e-mail to the appropriate Department personnel.
6107.3 An invoice for any period of service that began before September 30 of any calendar year shall be submitted by October 30 of that calendar year. Payment for service begun before September 30 and submitted after October 30 is not guaranteed and depends on the availability of funds in the Fund for the fiscal year ending on September 30.
6107.4 A participant who fails to submit an invoice pursuant to section 6102.1 for two (2) consecutive service quarters shall be deemed in breach of contract and shall be subject to the penalties provided in section 14 of the Act.
6108 ELIGIBLE SITES
6108.1 In order to be eligible to participate in the Program, the applicant or participant must provide primary care, mental health, or dental services at a site approved by the Director as a Service Obligation Site.
6108.2 The following are eligible to become Service Obligation Sites:
(a) A nonprofit entity located in a Health Professional Shortage Area or Medically Underserved Area within the District that provides primary care, mental health, or dental services to District residents regardless of their ability to pay;
(b) A Department of Health program that provides primary care, mental health, or dental services in a Health Professional Shortage Area or Medically Underserved Area within the District;
(c) A Department of Mental Health program that provides primary care, mental health, or dental services in a Health Professional Shortage Area or Medically Underserved Area within the District;
(d) A District of Columbia Public School (DCPS) located in a Health Professional Shortage Area or Medically Underserved Area within the District; and
(e) A District of Columbia Department of Corrections (DOC) site located in a federally designated Health Professional Service Area or Medically Underserved Area within the District of Columbia that provides primary care, mental health, or dental services to District of Columbia residents regardless of ability to pay.
6108.3 An eligible site that participates, or seeks to participate, in the Program shall submit a site certification application and renew its certification annually at the start of the District’s fiscal year (October 1).
6108.4 A health facility should verify with the Health Resources and Services Administration of the U.S. Department of Health and Human Services or the Department of Health that it resides in a MUA or Health Professional Shortage Area appropriate for the facility and the services the facility offers before submitting an application.
6108.5 A Health Professional Shortage Area (HPSA) may be designated as:
(a) A Primary Care HPSA;
(b) A Dental HPSA;
(c) A Mental Health HPSA; or
(d) Any combination of the designations listed in paragraphs (a) through (c).
6108.6 A health facility may be approved as a Service Obligation Site for each HPSA designation for which it qualifies. For example, a facility that provides primary care, dental, and mental health services and is located in an area that is designated only as a Dental HPSA and a Mental Health HPSA could qualify as a Service Obligation Site for dental and mental health services but not for primary care services.
6199 DEFINITIONS
6199.1 For the purpose of this chapter, the following terms shall have the meanings ascribed below:
Act—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.).
Director—the Director of the Department of Health.
Fund—the fund established by section 16a of the Act (D.C. Official Code § 7-751.16a).
Health Professional Shortage Area or HPSA—a geographic area in the District of Columbia designated by the United States Department of Health and Human Services as lacking a sufficient number of primary care, dental, or mental health professionals to provide care for residents of the area or community.
Medically Underserved Area or MUA—a geographic area in the District of Columbia designated by the United States Department of Health and Human Services as medically underserved.
Participant—a person who is in an eligible health profession and has signed a contract to provide health care services in a Service Obligation Site.
Program—the District of Columbia Health Professional Recruitment Program established by section 3 of the Act (D.C. Official Code § 7-751.03).
Service obligation site—a nonprofit health facility or a District of Columbia Department of Health or Department of Mental Health program that provides primary health, mental health, or dental services located in a federally designated Health Professional Shortage Area or Medically Underserved Area within the District of Columbia that provides care to District of Columbia residents regardless of ability to pay.
Comments on the proposed rules should be sent in writing to the Department of Health, Office of the General Counsel, 4th Floor, 825 North Capitol Street, NE, Washington, DC 20002, not later than thirty (30) days after the date of publication of this notice in the D.C. Register. Copies of the proposed rules may be obtained Monday through Friday, except holidays, between the hours of 8:15 A.M. and 4:45 P.M. at the same address.
