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WEST virginia legislature
2024 regular session
Committee Substitute
for
Senate Bill 572
By Senators Takubo, Woelfel, Plymale, Deeds, Hamilton, and Woodrum
[Originating in the Committee on Health and Human Resources; reported on February 7, 2024]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-5EE-1, §16-5EE-2, §16-5EE-3, §16-5EE-4, §16-5EE-5, §16-5EE-6, §16-5EE-7, §16-5EE-8, and §16-5EE-9, all relating to recruitment of forensic pathologists; setting forth purpose; defining terms; setting forth eligibility criteria; setting forth required loan repayment documents and procedure; designating the Department of Health to administer the program; setting forth award requirements and procedure; creating a fund; requiring rulemaking; and setting forth minimum salary.
Be it enacted by the Legislature of West Virginia:
Forensic pathologists are medically trained doctors who perform autopsies. There is a persistent shortage in forensic pathologists both locally and nationally and this problem has only grown worse. The purpose of this article is to incentivize people to enter the profession by alleviating the student loan burden for medically trained forensic pathologists.
For purpose of this article, the following words have the meanings indicated:
"Accredited medical school" means a medical school accredited by either the Liaison Committee on Medical Education or the American Osteopathic Association Commission on Osteopathic College Accreditation.
"Department" means the Department of Health.
To be eligible for the loan repayment program the participant shall:
(1) Have a degree from an accredited school;
(2) Be licensed in West Virginia;
(3) Be employed as a full-time board-certified physician serving as a forensic pathologist by the Office of the Chief Medical Examiner;
(4) Applicants must fulfill 12 consecutive months of employment service for each year of loan repayment award requested and are subject to the following requirements:
(A) Employment prior to the start date with the Office of the Chief Medical Examiner cannot be used to fulfill the 12 consecutive months employment service requirement;
(B) Twelve consecutive months of employment service cannot be used for more than one loan repayment from the Forensic Pathology Recruitment Program;
(C) No partial year employment service shall be considered for loan repayment;
(D) The Department of Health must confirm an applicant’s employment service dates and job position; and
(E) Applicants may qualify for up to 10 years of Forensic Pathology Recruitment Program with 10 years of eligible employment service. This eligibility determination will be conducted on a year-to-year basis and is subject to the other provisions of this article.
(5) The Applicant must have an outstanding balance on one or more eligible student loans;
(6) The student loan shall be an eligible loan and in the name of the applicant;
(7) The student loan shall be in good standing; and
(8) The applicant shall continue to make their loan payments as directed by the lender agreements.
(a) An applicant seeking loan repayment shall submit the required documentation to the Department of Health by July 1 each year, which documentation shall include, at a minimum, an application seeking loan repayment, an employer verification, and a lender verification.
(1) The application, employer verification, and lender verification shall be completed and submitted for each year the applicant wishes to be considered for the Forensic Pathology Recruitment Program. The award shall only be made on a year-to-year basis.
(2) The applicant shall submit an account number, loan balance, and loan status for a loan repayment to be made on an applicant's behalf.
(b) In the Department of Health’s administering of the loan repayment program, it shall:
(1) Review completed requests for loan repayment and all supporting documentation to verify and determine an applicant's eligibility for a loan repayment program;
(2) Notify applicants regarding the status of their loan repayment requests; and
(3) Publicize the program, particularly to maximize participation among individuals expected to experience the greatest growth in the workforce.
(c) Recipients are approved based upon eligibility and a first come first serve basis as funds are available.
(a) Annual graduated loan repayment amounts are based on a recipient's year of eligibility and participation and the program;
(b) The maximum loan payment amount for each year shall not exceed 10% of the total amount of the loan or the remaining balance of a loan if the balance is under $30,000, including interest as provided in the lender verification form;
(c) The aggregate loan repayment limit, per recipient, is $300,000 over the 10-year eligibility period;
(d) A loan repayment award shall be submitted directly to the lender, indicated on the lender verification form, for payment toward eligible outstanding student loans; and
(e) Recipients cannot be issued a refund from the lender based on the loan repayments made from the loan program.
There is created in the State Treasury a general revenue fund known as the Forensic Pathology Recruitment Program Fund. The fund shall be comprised of moneys appropriated by the Legislature and moneys deposited into the Fund to support the Forensic Pathology Recruitment Program Fund. The funds do not expire to the General Revenue Fund but shall remain in the account and be available for expenditure in succeeding fiscal years. Expenditures from the Forensic Pathology Recruitment Program Fund shall be for the purposes set forth in this article. In the event no funding exists in this fund, there is no obligation to administer a loan repayment program. The loan repayment program is limited to funding availability.
The Department of Health shall maintain accurate records, books, and other evidence concerning the Forensic Pathology Recruitment Program and its related fund, including, but not limited to, individual applicant files for whichever is longer:
(1) Six years after the award year in which the loan repayment was awarded; or
(2) For such other period as required by applicable, statute, rule, or regulation.
The Department of Health shall propose rules for legislative approval in accordance with the provision of §29A-3-1 et seq. of this code to administer this program and which are consistent with this article, including, but not limited to, setting for a listing of eligible loans.
The salary of a physician serving as a forensic pathologist in the Office of the Chief Medical Examiner shall be paid at or above the 90th percentile for the United States as established by the Medical Group Management Association and shall be updated every three years thereafter.
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