Section 36.61 - Health care provider loan assistance program(1) DEFINITIONS. In this section:(ac) "Clinic hours" has the meaning given in s. 36.60 (1) (ac).(ad) "Council" means the rural health development council.(ag) "Dental health shortage area" has the meaning given in s. 36.60 (1) (ad).(aj) "Dental hygienist" means an individual licensed under s. 447.04 (2).(ak) "Dental therapist" means an individual licensed under s. 447.04 (1m).(am) "Eligible practice area" has the meaning given in s. 36.60 (1) (ag), except that with respect to a dental hygienist "eligible practice area" means a dental health shortage area or a free or charitable clinic.(b) "Health care provider" means a dental therapist, dental hygienist, physician assistant, nurse-midwife, or nurse practitioner.(bp) "Health professional shortage area" has the meaning given in s. 36.60 (1) (aj).(d) "Primary care shortage area" has the meaning given in s. 36.60 (1) (cm).(e) "Rural area" has the meaning given in s. 36.63 (1) (c).(2) ELIGIBILITY. The board may repay, on behalf of a health care provider, up to $25,000 in educational loans obtained by the health care provider from a public or private lending institution for education related to the health care provider's field of practice, as determined by the board with the advice of the council.(3) AGREEMENT. (a) The board shall enter into a written agreement with the health care provider. In the agreement, the health care provider shall agree to practice at least 32 clinic hours per week for 3 years in one or more eligible practice areas in this state or in a rural area, except that a health care provider in the expanded loan assistance program under sub. (8) who is not a dental therapist or dental hygienist may only agree to practice at a public or private nonprofit entity in a health professional shortage area.(b) The agreement shall specify that the responsibility of the board to make the payments under the agreement is subject to the amount of funds transferred to the board under s. 20.505 (8) (hm) 6r, the contributions received and penalties assessed by the board, and the appropriation under s. 20.285 (1) (qj).(4) LOAN REPAYMENT. Principal and interest due on loans, exclusive of any penalties, may be repaid by the board at the following rate:(a) Up to 40 percent of the principal of the loan or $10,000, whichever is less, during the first year of participation in the program under this section.(b) Up to an additional 40 percent of the principal of the loan or $10,000, whichever is less, during the 2nd year of participation in the program under this section.(c) Up to an additional 20 percent of the principal of the loan or $5,000, whichever is less, during the 3rd year of participation in the program under this section.(5) AVAILABILITY OF FUNDS; RIGHT OF ACTION AGAINST STATE.(a) The obligation of the board to make payments under an agreement entered into under sub. (3) is subject to the amount of funds transferred to the board under s. 20.505 (8) (hm) 6r, the contributions received and penalties assessed by the board, and the appropriation under s. 20.285 (1) (qj).(b) If the cost of repaying the loans of all eligible applicants, when added to the cost of loan repayments scheduled under existing agreements, exceeds the total amount of funds transferred to the board under s. 20.505 (8) (hm) 6r, the contributions received and penalties assessed by the board, and the appropriation under s. 20.285 (1) (qj), then, subject to par. (bm), the board shall establish priorities among the eligible applicants based upon the following considerations:1. The degree to which there is an extremely high need for medical care in the eligible practice area, health professional shortage area, or rural area in which an eligible applicant who is not a dental therapist or dental hygienist desires to practice and the degree to which there is an extremely high need for dental care in the dental health shortage area or rural area in which an eligible applicant who is a dental therapist or dental hygienist desires to practice.2. The likelihood that an eligible applicant will remain in the eligible practice area, health professional shortage area, or rural area in which he or she desires to practice after the loan repayment period.3. The per capita income of the eligible practice area, health professional shortage area, or rural area in which an eligible applicant desires to practice.4. The financial or other support for health care provider recruitment and retention provided by individuals, organizations or local governments in the eligible practice area, health professional shortage area, or rural area in which an eligible applicant desires to practice.5. The geographic distribution of the health care providers who have entered into loan repayment agreements under this section and the geographic location of the eligible practice area, health professional shortage area, or rural area in which an eligible applicant desires to practice.6. Other considerations that the board may specify by rule.(bm) If the board determines that a consideration under par. (b) does not apply to eligible applicants who desire to practice in free or charitable clinics, the board shall develop a mechanism to fairly assess all applicants under the priorities established under par. (b).(c) An agreement under sub. (3) does not create a right of action against the state on the part of the health care provider or the lending institution for failure to make the payments specified in the agreement.(6) LOCAL PARTICIPATION. The board shall encourage contributions to the program under this section by counties, cities, villages and towns.(6m) PENALTIES. The board shall, by rule, establish penalties to be assessed by the board against health care providers who breach an agreement entered into under sub. (3) (a). The rules shall do all of the following:(a) Specify what actions constitute a breach of the agreement.(b) Provide specific penalty amounts for specific breaches.(c) Provide exceptions for certain actions, including breaches resulting from death or disability.(7) ADMINISTRATION. The board shall do all of the following: (a) Identify communities with an extremely high need for health care, including dental health care.(b) Publicize the program under this section to health care providers and eligible communities.(c) Assist health care providers who are interested in applying for the program under this section.(d) Assist communities in obtaining the services of health care providers through the program under this section.(e) Notwithstanding subs. (3) (b) and (5) (a) and (b), ensure that moneys appropriated under s. 20.285 (1) (qj) are used under this section only to repay loans on behalf of health care providers who agree to practice in a rural area.(8) EXPANDED LOAN ASSISTANCE PROGRAM. The board may agree to repay loans as provided under this section on behalf of a health care provider under an expanded health care provider loan assistance program that is funded through federal funds in addition to state matching funds. To be eligible for loan repayment under the expanded health care provider loan assistance program, a health care provider must fulfill all of the requirements for loan repayment under this section, as well as all of the following:(a) The health care provider must be a U.S. citizen.(b) The health care provider may not have a judgment lien against his or her property for a debt to the United States.(c) The health care provider must agree to do all of the following: 1. Accept medicare assignment as payment in full for services or articles provided.2. Use a sliding fee scale or a comparable method of determining payment arrangements for patients who are not eligible for medicare or medical assistance and who are unable to pay the customary fee for the health care provider's services.3. Practice at a public or private nonprofit entity in a health professional shortage area, if the health care provider is not a dental therapist or dental hygienist, or in a dental health shortage area, if the health care provider is a dental therapist or dental hygienist.Amended by Acts 2023 ch, 87,s 6, eff. 2/2/2024.Amended by Acts 2023 ch, 87,s 5, eff. 2/2/2024.Amended by Acts 2023 ch, 87,s 4, eff. 2/2/2024.Amended by Acts 2023 ch, 87,s 3, eff. 2/2/2024.Amended by Acts 2023 ch, 87,s 2, eff. 2/2/2024.Amended by Acts 2019 ch, 58,s 9, eff. 11/27/2019.Amended by Acts 2019 ch, 58,s 8, eff. 11/27/2019.Amended by Acts 2019 ch, 58,s 7, eff. 11/27/2019.2009 a. 28 ss. 3046 to 3056; Stats. 2009 s. 36.61; 2009 a. 190, 276; 2011 a. 32.