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AB-2522 Public Health Workforce Loan Repayment Program.(2021-2022)



Current Version: 06/27/22 - Amended Senate

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AB2522:v96#DOCUMENT

Amended  IN  Senate  June 27, 2022
Amended  IN  Assembly  April 20, 2022
Amended  IN  Assembly  March 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2522


Introduced by Assembly Member Gray

February 17, 2022


An act to add Article 6 (commencing with Section 128560) to Chapter 5 of Part 3 of Division 107 of the Health and Safety Code, relating to public health, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 2522, as amended, Gray. Public Health Workforce Loan Repayment Program.
Existing law establishes the Department of Health Care Access and Information. Existing law requires the department to administer various programs, including the California Registered Nurse Education Program, designed to encourage an adequate supply of health professionals.
This bill would require the department to develop and administer the Public Health Workforce Loan Repayment Program to provide loan assistance payments to qualifying public health workforce staff. The bill would require the department to commence providing loan assistance payments to individuals as of July 1, 2024. The bill would require the department, in administering the program, to establish various things, including an application process for applicants and eligibility criteria, as specified. The bill would require the department, on or before April 4 each year, to post a report on the program, as specified. The bill would authorize the department to implement, interpret, or make specific those provisions by means of policy letters, provider bulletins, or other similar instructions, without taking regulatory action.
This bill would appropriate $90,000,000 from the General Fund to the department to administer and implement those provisions, in accordance with a specified schedule.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) COVID-19 introduced a once-in-a-lifetime public health crisis into an already stressed environment with governmental public health agencies leading the response.
(b) A public health professional shortage was identified in the 2019 California Workforce Commission report, with at least 200 public health leaders (directors and health officers) having exited the field permanently since this time.
(c) Assuring an adequate supply of public health professionals to eliminate critical public health workforce shortages in local, state, and tribal public health agencies is a priority.
(d) The public health workforce has a fundamental and complex role as the front line for delivery of basic public health services to all communities.
(e) The majority of local health departments provide a wide variety of core services to very diverse communities, including, but not limited to, immunizations, maternal health, communicable disease control, community outreach and education, epidemiology and surveillance, and environmental health regulation, such as food and water safety, with limited resources and too few staff.
(f) The public health workforce has an essential role in protecting and promoting the health of all people in all communities, including addressing and ending the COVID-19 pandemic, future and emerging health concerns, and recovery.

SEC. 2.

 Article 6 (commencing with Section 128560) is added to Chapter 5 of Part 3 of Division 107 of the Health and Safety Code, to read:
Article  6. Public Health Workforce Loan Repayment Program

128560.
 For purposes of this article, “public health” means the promotion of healthy lifestyles, the research of disease and injury prevention, and the detection, prevention, and response to infectious disease.

128561.
 (a) The Department of Health Care Access and Information (department) shall develop and administer the Public Health Workforce Loan Repayment Program to provide loan assistance payments to qualifying public health workforce staff who are work in a California state, local, or tribal public health department as full-time, permanent staff.
(b) On or before July 1, 2024, the department shall commence providing loan assistance payments to individuals who meet the eligibility requirements established pursuant to this article.

128562.
 (a) In developing and administering the program, the department shall establish all of the following:
(1) (A) An application process for applicants.
(B) The application process developed pursuant to subparagraph (A) shall require applicants to agree to work or remain employed full time by a California state, local, or tribal public health department and repay any loan assistance repayments for a failure to comply.
(2) Criteria for qualifying student loans.
(3) (A) The minimum number of years, not to be lower than three, an awardee receiving payments shall agree to remain employed full time by a state, local, or tribal public health department.
(B) Notwithstanding subparagraph (A), the department shall reduce the amount of time an awardee is required to remain employed full time by a state, local, or tribal public health department by one year for an awardee who served in a leadership position for COVID-19 response.
(4) The maximum amount of the loan repayment award, not to exceed the full cost of outstanding student loans and not to exceed one hundred fifty thousand dollars ($150,000).
(5) The repayment schedule for any awardee who does not remain employed full time as required.
(6) Eligibility criteria, as specified in Section 128563.
(b) If applicants for loan repayment assistance repayments exceed the funding available to the department, the department shall give preference to the following individuals:
(1) Until July 1, 2024, those who served in a leadership position for COVID-19 response, as verified in the application process.
(2) Those who serve in a designated primary care health professional shortage area.
(c) The department may determine the amount and timing of each loan repayment assistance payment.

(d)An exercise of discretion by the department and its contractors pursuant to this article is not be subject to judicial review, except that an applicant who is not selected for participation in the program may file for a writ of mandate pursuant to Section 1085 of the Code of Civil Procedure to rectify an abuse of discretion by the department and its contractors.

128563.
 (a) The department shall establish eligibility criteria for selection of an awardee for participation in the program with the dual goals of recruiting and retaining staff in the public health workforce.
(b) The department shall establish eligibility criteria for both of the following:
(1) Individuals who graduated from an accredited educational institution and received a bachelor’s, master’s, doctoral, or other advanced degree and are employed full time by, or have accepted employment with, a local, state, or tribal public health agency. These individuals shall meet both of the following requirements:
(A) Be in good standing with their respective accreditation, certification, or licensing entity, if applicable.
(B) Be in good standing with their employer.
(2) Individuals who have been accepted for enrollment, or be enrolled, as a student in an accredited academic educational institution in the final year of a course of study or program leading to a bachelor’s, master’s, doctoral, or other advanced degree and have accepted employment with a local, state, or tribal public health agency, to commence upon graduation.

128564.
 (a) The department shall post an annual report on the program on the department’s internet website on or before April 4th of each year.
(b) The report required pursuant to subdivision (a) shall contain all of the following:
(1) The number of applicants.
(2) A regional breakdown of applicants.
(3) The number of awardees.
(4) A regional breakdown of awardees.
(5) The amount of total funding awarded.
(6) The average award amount.
(7) The distribution of awards among various settings and responsibilities.
(8) The number of awardees who do not fulfill their service obligation and the amount of funds repaid to the state as a result.

128565.
 (a) The department may implement, interpret, or make specific this article by means of policy letters, provider bulletins, or other similar instructions, without taking regulatory action. The department shall consult with affected stakeholders before taking action pursuant to this subdivision.
(b) To implement this article, the department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Costs to administer this program shall not exceed 10 percent of the total program allocation. Contracts entered into or amended pursuant to this subdivision are exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the review or approval of a division of the Department of General Services.

SEC. 3.

 The sum of ninety million dollars ($90,000,000) is hereby appropriated to the Department of Health Care Access and Information to administer and implement Article 6 (commencing with Section 128560) of Chapter 5 of Part 3 of Division 107 of the Health and Safety Code. These funds shall be allocated as follows:
(a) Fifty million dollars ($50,000,000) for the 2024–2025 fiscal year.
(b) Forty million dollars ($40,000,000) for the 2025–2026 fiscal year.