Wyo. Code R. 048-0050-2
Rural Health, Office of
Chapter 2: Wyoming Health Care Provider Loan Repayment Program
Effective Date: 10/31/2006 to 02/28/2007
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 048.0050.2.10312006
(NOTE: For the 120 days the emergency rules are in effect, the following rules shall apply. Emergency rules are no longer in effect 120 days after filing with the Secretary of State.)
These rules are promulgated by the Department of Health pursuant to the Office of Rural Health at W.S. 9-2-118 et seq., 9-2-119 et seq., in consultation with the appropriate licensing board and professional association pursuant to W.S. 9-2-118 (b) and 9-2-119 (b), and the Wyoming Administrative Procedures Act at W.S. 16-3-101 et seq.
(a) These rules implement the Wyoming Health Care Provider Loan Repayment Program, which governs the award of grant funds to health care providers to repay loans taken for educational expenses.
(b) The Department may issue Provider Manuals, Provider Bulletins, or both, to interpret the provisions of these rules and regulations. Such Provider Manuals and Provider Bulletins shall be consistent with and reflect the policies contained in these rules and regulations. The provisions contained in Provider Manuals or Provider bulletins shall be subordinate to the provisions of these rules and regulations.
(c) The incorporation by reference of any external standard is intended to be the incorporation of that standard as it is in effect on the effective date of these rules and regulations.
If any portion of these rules is found to be invalid or unenforceable, the remainder shall continue in effect.
The following definitions shall apply in the interpretation and enforcement of these rules. Where the context in which words are used in these rules indicates that such is the intent, words in the singular number shall include the plural and visa versa. Throughout these rules gender pronouns are used interchangeably, except where the context dictates otherwise. The drafters have attempted to utilize each gender pronoun in equal numbers, in random distribution. Words in each gender shall include individuals of the other gender.
For the purpose of these rules, the following shall apply:
(a) “Applicant” means an individual who submits a completed application and meets the application requirements established by the Department for a loan repayment program under the act.
(b) “Approved Site” means a site approved by the Department that meets the eligibility criteria established in this rule.
(c) “Department” means the Wyoming Department of Health, Office of Rural Health.
(d) “Education expenses” means the cost of education in a health care profession, including books, education equipments, fees, materials, reasonable living expenses, supplies, and tuition.
(e) “Educational loan” means a commercial, government, or government-guaranteed loan taken to pay education expenses.
(f) “Grant” means a grant of funds under a contract agreement.
(g) “Grant Amount” means the state program funds plus the local community funds match, except for recipients under W.S. 9-2-119, wherein a local community funds match is not required.
(h) “Loan Repayment” means a grant of funds under a grant to defray educational loans in exchange for service for a specified period of time at an approved site.
(i) “Dentist” means an individual licensed under Wyoming Statutes, Title 33, Chapter 15, excluding Dental Hygienists.
(j) “Physician” means an individual who is licensed to practice in the state under Wyoming Statutes, Title 33, Chapter 26 of the Wyoming Medical Practice Act.
(k) “Allied Health Care Provider” means an individual who is licensed or certified to practice in the state as defined under Wyoming Statutes, Title 33, Chapter 9 (Podiatrists), Chapter 10 (Chiropractors), Chapter 15 (Dental Hygienists), Chapter 21 (Advanced Practice Registered Nurses, Registered Nurses, Licensed Practical Nurses, Certified Nurse Assistants), Chapter 23 (Optometrists), Chapter 24 (Pharmacists and Pharmacy Technicians), Chapter 25 (Physical Therapists), Chapter 26, Article 5 (Physician Assistants), Chapter 27 (Psychologists), Chapter 33 (Speech Pathologists and Audiologists), Chapter 34 (Laboratory Directors), Chapter 36 (Emergency Medical Technicians), Chapter 37 (Radiologic Technologists), Chapter 38 (Professional Counselors, Marriage and Family Therapists, Social Workers, and Chemical Dependency Specialists), Chapter 40 (Occupational Therapists), and Chapter 43 (Respiratory Care Practitioners).
(l) “Recipient” means an applicant selected to receive a loan repayment grant under the act.
(m) “Service Obligation” means professional service rendered at an approved site for a minimum of three years in exchange for a loan repayment grant.
(n) “This Act” means W.S. 9-2-118 and W.S. 9-2-119.
(o) “Full-time Equivalency” means “full-time position” as defined by the State of Wyoming Department of Administration and Information, Human Resources Division.
(a) The Department may provide loan repayment grants to health care providers to repay loans taken for educational expenses in exchange for their agreement to serve for a specified period of time at an approved site in the state.
(b) For physician and dentist applicants under W.S. 9-2-118, only those loans acquired as a direct result of medical or dental school training shall be considered eligible for repayment under this program. Loans acquired for education prior to medical or dental school training are not considered eligible.
(c) For allied healthcare applicants under W.S. 9-2-119, only those loans acquired as a direct result of educational training directly related to providing medical services shall be considered eligible for repayment under this program.
(d) Under either W.S. 9-2-118 or 9-2-119, loan repayment grants may be given only to repay bona fide loans as described above in Section 5(b) and Section 5(c) and that meet the following criteria:
(i) a commercial loan made by a bank, credit union, savings and loan association, insurance company, school, or credit institution; or
(ii) a governmental loan made by a federal, state, county, or city agency.
(e) The Department may not disburse any grant monies under the act until the recipient has performed at least six months of service at the approved site. The date on which the recipient’s six months of service begins shall be determined by the Department.
(a) As requested by the Department, a loan repayment grant recipient shall provide information reasonably necessary for administration of the program.
(b) The Department shall determine the total amount of the loan repayment grant for each loan repayment grant recipient, not to exceed Thirty Thousand Dollars and Zero Cents ($30,000.00) per year, including required matching funds, for the physician and dentist loan repayment program.
(c) The Department shall determine the total amount of the loan repayment grant for each loan repayment grant recipient, not to exceed Ten Thousand Dollars and Zero Cents ($10,000.00) per year, for the allied health care provider loan repayment program.
(d) The loan repayment grant recipient shall disclose other sources of loan repayment in his grant application.
(e) The loan repayment grant recipient shall disclose any other obligations to practice his profession at a specific location and any other existing loan repayment arrangements.
(f) The Department shall not pay for an educational loan of a loan repayment grant applicant who is in default at the time of an application.
(g) Before receiving a loan repayment grant, the applicant must enter into a contract agreement with the Department that binds him to the terms of the program.
(h) A loan repayment grant recipient must be licensed, including a temporary license, or be certified to practice in his health care specialty in Wyoming before his first day of service under the loan repayment contract agreement.
(i) Prior to beginning to fulfill his service obligation, a loan repayment grant recipient must obtain approval from the Department, of the site where he may complete his service obligation.
(j) Physician and Dentist loan repayment recipients must have a twenty-five percent (25%) cash match of the loan repayment grant amount, from any combination of county, city, school district, health care facility, health care association or other local funding. Matching funds may not be provided by the recipient or his or her relative. Matching funds may not be provided from state funds.
(a) The Department may approve a loan repayment grant amount based on the percentage of full time equivalency that the loan repayment grant recipient agrees to work in Wyoming.
(b) The Department may approve a full time equivalency that is different than the State of Wyoming’s definition if the loan repayment grant recipient can demonstrate that working fewer hours is equivalent to a full time practice.
(c) The Department may approve a full-time equivalency of less than 40 hours per week if the applicant’s employer can demonstrate that performing less than 40 hours per week at the work site combined with other activities is equivalent to a 40-hour work week.
(a) The Department shall approve loan repayment sites that are located in areas that have a shortage of health care services and has been determined to be an underserved area of the State by the Office of Rural Health.
(b) The Department may give preference to provider services most needed in each underserved area as determined by the Office of Rural Health.
(c) The Department shall give consideration to any other criteria that the site applicant provides that demonstrates a shortage of health care services consistent with the provisions of the Act.
In selecting a loan repayment grant recipient for a loan repayment grant award, the Department may evaluate the applicant based on the following selection criteria:
(a) The applicant’s:
(i) Board certification, licensure or other educational achievement;
(ii) Other facts that the applicant can demonstrate to the Department that establishes his professional competence or conduct as a health care professional;
(iii) The applicant’s willingness to serve patients who are without insurance or whose care is paid for by government programs, such as Medicaid, Medicare, and CHIP;
(b) To be eligible for a loan repayment grant, an applicant must be a United States citizen or permanent resident.
(i) The Department may consider only grant applicants who apply within one year of the applicant’s anticipated date of becoming licensed or certified as a health care provider in the state or who are practicing health care professionals in good standing;
(ii) For applicants under W.S. 9-2-119, the Department shall give priority when practical to qualified graduates of the University of Wyoming or a Wyoming Community College.
(a) Before receiving an award under the act, the recipient shall enter into a contract agreement with the state agreeing to the conditions upon which the award is to be made.
(b) The contract agreement shall include necessary conditions to carry out the purposes of the act.
(c) In exchange for financial assistance under the act, the recipient shall serve for a minimum of three years at a site approved by the Department.
(d) The recipient’s service at a site approved by the Department retires the amount owed for the award according to the schedule established by the Department at the time of the award.
(e) Periods of internship, preceptorship, or other clinical training do not satisfy the service obligation under the act.
(a) A loan repayment grant recipient under the act who fails to complete the service obligation shall:
(i) Repay the total amount of the loan repayment grant according to a schedule established by contract agreement with the Department.
(ii) Costs and expenses incurred in collection, including attorney fees.
(b) The amount to be paid back shall be determined from the end of the month in which the loan repayment grant recipient breached the contract agreement as if the recipient had breached at the end of the month.
(c) Amounts recovered and damages collected under this section shall be deposited as dedicated credits to be used to carry out the provisions of the act.
(a) The Department may cancel or release, in full or in part, a recipient from his service obligation under the contract agreement without penalty:
(i) If the recipient is unable to fulfill the service obligation due to permanent disability that prevents the recipient from performing any work for remuneration or profit;
(ii) If the recipient dies; or (iii) For other good cause shown, as determined by the Department.
(b) Extreme hardship sufficient to release the recipient without penalty includes:
(i) Inability to fulfill service obligation due to permanent disability that prevents the recipient from performing any work for remuneration or profit;
(ii) A family member, for whom the recipient is the principal caregiver, has a life threatening chronic illness.
(c) The Department may allow for a transfer to another approved site that a loan repayment grant recipient may use to fulfill his service obligation if the loan repayment grant recipient is unable to fulfill his current service obligation.
(a) The Department may require an award recipient to provide information on a periodic basis as required by the loan repayment agreement.
(b) The Department may require the approved site to provide information on a periodic basis as required by the loan repayment site contract agreement.