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A09137 Summary:

BILL NOA09137
 
SAME ASNo Same As
 
SPONSORSmullen
 
COSPNSR
 
MLTSPNSR
 
Amd Part V §7, Chap 57 of 2022; add Art 9-C §§925 - 928, Pub Health L; amd §606, Tax L
 
Makes permanent certain provisions relating to reimbursement for commercial and Medicaid services provided via telehealth; establishes the rural healthcare professional loan repayment award program and the rural healthcare professional tax credit program; establishes a tax credit for rural healthcare providers.
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A09137 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9137
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 17, 2025
                                       ___________
 
        Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
          tee on Health
 
        AN ACT to amend part V of chapter 57 of the laws of 2022,  amending  the
          public  health law and the insurance law relating to reimbursement for
          commercial and Medicaid services provided via telehealth, in  relation
          to  making  such provisions permanent; to amend the public health law,
          in relation to establishing the  rural  healthcare  professional  loan
          repayment  award  program  and  the  rural healthcare professional tax
          credit program; and to amend the tax law, in relation to  establishing
          a tax credit for rural healthcare providers
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 7 of part V of chapter 57  of  the  laws  of  2022,
     2  amending  the  public  health  law  and  the  insurance  law relating to
     3  reimbursement for commercial and Medicaid services  provided  via  tele-
     4  health,  as  amended by section 5 of part B of chapter 57 of the laws of
     5  2024, is amended to read as follows:
     6    § 7. This act shall take effect immediately and  shall  be  deemed  to
     7  have  been  in  full  force  and  effect  on  and  after April 1, 2022[;
     8  provided, however, this act shall expire and be deemed repealed  on  and
     9  after April 1, 2026].
    10    §  2.  The public health law is amended by adding a new article 9-C to
    11  read as follows:
    12                                 ARTICLE 9-C
    13             RURAL HEALTHCARE PROFESSIONAL LOAN REPAYMENT AWARD
    14                           AND TAX CREDIT PROGRAMS
    15  Section 925. Definitions.
    16          926. Rural healthcare professional loan repayment award program.
    17          927. Rural healthcare professional tax credit program.
    18          928. Rules and regulations.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13811-01-5

        A. 9137                             2
 
     1    § 925. Definitions. For the  purposes  of  this  article,  unless  the
     2  context clearly requires otherwise:
     3    1.  "Certificate  of tax credit" or "certificate" shall mean the docu-
     4  ment issued to a healthcare professional by the department  as  provided
     5  in section nine hundred twenty-seven of this article.
     6    2.  "Full-time  employee" means with respect to any month, an employee
     7  who is employed on average at least thirty hours of service per week.
     8    3. "Healthcare professionals"  means  licensed  physicians,  physician
     9  assistants, dentists, physical therapists, pharmacists, registered phar-
    10  macy  technicians, registered nurses, licensed practical nurses, occupa-
    11  tional therapists, mental  health  practitioners  licensed  pursuant  to
    12  title  eight of the education law, and any other healthcare professional
    13  as determined by the commissioner in consultation with the  commissioner
    14  of education.
    15    4. "Rural area" shall have the same meaning as such term is defined in
    16  subdivision  eight  of  section two hundred sixty of the agriculture and
    17  markets law.
    18    5. "Rural municipality" means a city, county, town, village, or  other
    19  political  subdivision  of  the state of New York located within a rural
    20  area.
    21    6. "Small town" means a town in the state with a  population  of  less
    22  than  five  thousand at the date of the most recent United States census
    23  bureau decennial census.
    24    § 926. Rural healthcare professional  loan  repayment  award  program.
    25  1.(a)  Notwithstanding  any contrary provision of this section, sections
    26  one hundred twelve and one hundred sixty-three of the state finance law,
    27  or any other contrary provision of law, and  subject  to  appropriation,
    28  the commissioner is authorized to make loan repayment awards to eligible
    29  healthcare professionals who agree to practice full-time in a rural area
    30  in New York state, in accordance with the provisions of this section.
    31    (b)  Loan repayment awards made under this section shall be awarded to
    32  repay student loans of healthcare professionals who work as a  full-time
    33  employee  in  rural  areas,  small towns, or rural municipalities in New
    34  York state and who agree to work in such areas  for  a  period  of  five
    35  consecutive  years.  A healthcare professional may be deemed to be prac-
    36  ticing in a rural area, small town, or rural municipality if they  prac-
    37  tice in a facility or practice that primarily serves a rural area, small
    38  town, or rural municipality.
    39    (c) Loan repayment awards made under this section shall not exceed the
    40  total  qualifying  outstanding  debt of the healthcare professional from
    41  student loans to cover tuition and other related  educational  expenses,
    42  made  by  or guaranteed by the federal or state government, or made by a
    43  lending or educational institution approved under title IV of the feder-
    44  al higher education act. Loan repayment awards shall be used  solely  to
    45  repay such outstanding debt.
    46    (d)  Healthcare  professionals  shall be eligible for a loan repayment
    47  award to be determined by  the  commissioner  over  a  five-year  period
    48  distributed  as  follows:  twenty  percent  of total award for the first
    49  year; twenty percent of total award for the second year; twenty  percent
    50  of total award for the third year; twenty percent of total award for the
    51  fourth year; and any unpaid balance of the total award not to exceed the
    52  maximum award amount for the fifth year.
    53    (e) In the event that a five-year commitment under this section is not
    54  fulfilled,  the  recipient shall be responsible for repayment of amounts
    55  paid which shall be calculated in accordance with the formula set  forth
    56  in  subdivision  (b) of section two hundred fifty-four-o of title forty-

        A. 9137                             3
 
     1  two of the United States Code, as amended, or any regulations made ther-
     2  eunder.
     3    2.  To  develop  a  streamlined application process for the healthcare
     4  professional loan repayment program set forth under  this  section,  the
     5  department  shall  appoint a stakeholder work group from recommendations
     6  made by  associations  representing  healthcare  professionals,  general
     7  hospitals and other healthcare facilities. Such recommendations shall be
     8  made by September thirtieth, two thousand twenty-six.
     9    3.  The  commissioner  is  authorized to apply any funds available for
    10  purposes of subdivision one of this section for use  as  matching  funds
    11  for  any available federal grants for the purpose of assisting states in
    12  operating loan repayment programs.
    13    4. The commissioner may postpone, change or waive  the  service  obli-
    14  gation  and repayment amounts set forth in subdivisions one and three of
    15  this section, respectively, in individual circumstances where  there  is
    16  compelling need or hardship.
    17    5.  In  order  to  be eligible to receive a loan repayment award under
    18  this section, a healthcare  professional  must  meet  site  and  service
    19  eligibility criteria as determined by the commissioner.
    20    6.  In  the  event  there  are undistributed funds within amounts made
    21  available for distributions under this  section,  such  funds  shall  be
    22  reallocated  and distributed in current or subsequent distribution peri-
    23  ods in a manner determined by the commissioner for the purpose set forth
    24  in this section.
    25    § 927. Rural  healthcare  professional  tax  credit  program.  1.  The
    26  commissioner  shall  establish  a program to certify eligible healthcare
    27  professionals for a refundable tax  credit  under  subsection  (uuu)  of
    28  section six hundred six of the tax law.
    29    2.  (a)  An applicant must be a healthcare professional licensed under
    30  article one hundred thirty-one, one hundred  thirty-one-b,  one  hundred
    31  thirty-three,  one  hundred  thirty-six,  one  hundred thirty-seven, one
    32  hundred thirty-seven-a, one hundred thirty-nine, one hundred  fifty-six,
    33  or one hundred sixty-three of the education law.
    34    (b) The applicant must pledge, in a form prescribed by the commission-
    35  er,  to  practice  for  no  fewer than five years in a rural area, small
    36  town, or rural municipality, provided, however that wages  earned  shall
    37  mean  gross  taxable  wages attributable to direct patient care services
    38  rendered in such underserved area.
    39    (c) In the event a  healthcare  professional  fails  to  complete  the
    40  required  service period, the commissioner shall establish rules requir-
    41  ing repayment of previously claimed credits, provided that  such  repay-
    42  ment may be prorated to reflect each year of service completed.
    43    3. (a) The commissioner shall develop an application process and form.
    44  The  form shall include the following: (i) certification of professional
    45  licensure under subdivision two of this section; (ii) identification  of
    46  the  underserved area of intended practice; and (iii) a signed pledge to
    47  practice for the required service period of no less than five years.
    48    (b) Upon submission of the application by the applicant  and  approval
    49  by  the  commissioner,  the  department shall issue a certificate of tax
    50  credit to the applicant, specifying the  credit  amount  for  which  the
    51  applicant is eligible. The certificate shall specify the exact amount of
    52  the  tax  credit  under  this section that a healthcare professional may
    53  claim, pursuant to this section and the service year.
    54    (c) The certificate shall be submitted by the applicant to the depart-
    55  ment of taxation and finance as part of the applicant's tax filing.

        A. 9137                             4
 
     1    4. (a)  For  eligible  healthcare  professionals,  including  licensed
     2  physicians, physician assistants, dentists, physical therapists, pharma-
     3  cists,  occupational  therapists,  and  mental health practitioners, the
     4  applicable credit amount shall be equal  to  fifteen  percent  of  wages
     5  earned,  not  to  exceed fifteen thousand dollars per year; for eligible
     6  healthcare professionals licensed as registered nurses, licensed practi-
     7  cal nurses, and other professionals as designated by  the  commissioner,
     8  the  applicable credit amount shall equal to ten percent of wages earned
     9  in an underserved area, not to exceed ten thousand dollars annually.
    10    (b) No credit shall be claimed unless the department has certified the
    11  healthcare professional as eligible.
    12    (c) The total aggregate amount of credits issued under this section in
    13  any taxable year shall not  exceed  one  hundred  million  dollars.  The
    14  commissioner  shall  allocate credits in a manner that prioritizes areas
    15  with the highest documented provider shortages.
    16    5. On or before December thirty-first of each year,  the  commissioner
    17  shall  provide a written report to the governor, the temporary president
    18  of the senate, the minority leader of the senate,  the  speaker  of  the
    19  assembly,  the  minority leader of the assembly, the chair of the senate
    20  finance committee, the ranking member of the senate  finance  committee,
    21  the  chair  of  the  assembly  ways and means committee, and the ranking
    22  member of the assembly ways  and  means  committee.  Such  report  shall
    23  include  how  the  credits  were  utilized during the preceding calendar
    24  year, including, but not limited to, the following: the aggregate amount
    25  of credits issued; the number of recipients of such credit;  the  amount
    26  credited  to each, excluding identifying personal information of recipi-
    27  ents; the purposes for which such credit  was  awarded;  the  geographic
    28  distribution  of  such  credit; compliance rates; and, as necessary, any
    29  other information the commissioner deems appropriate.
    30    § 928. Rules and regulations.  The commissioner shall promulgate regu-
    31  lations necessary to effectuate the  provisions  and  purposes  of  this
    32  article,  including  requirements for proof of rural practice and proce-
    33  dures for monitoring compliance with the requirements of this article.
    34    § 3. Section 606 of the tax law is amended by adding a new  subsection
    35  (uuu) to read as follows:
    36    (uuu) Rural healthcare professional tax credit. (1) Allowance of cred-
    37  it.  A  taxpayer  who  has  been  issued  a certificate of credit by the
    38  commissioner of health under section nine hundred  twenty-seven  of  the
    39  public  health  law shall be allowed a credit against the tax imposed by
    40  this article in the  amount  certified  by  the  department  of  health,
    41  subject to the applicable caps and percentages set forth in such certif-
    42  icate.
    43    (2)  Certification  requirement. No credit shall be allowed under this
    44  section unless the taxpayer submits  a  valid  certification  of  credit
    45  issued  pursuant  to  section  nine  hundred  twenty-seven of the public
    46  health law.
    47    (3) Application of credit. If the amount of the credit  allowed  under
    48  this subsection for any taxable year exceeds the taxpayer's tax for such
    49  year, the excess shall be treated as an overpayment of tax to be credit-
    50  ed  or refunded in accordance with the provisions of section six hundred
    51  eighty-six of this article, provided, however, that no interest shall be
    52  paid thereon.
    53    § 4. This act shall take effect immediately and shall apply  to  wages
    54  earned  in  taxable years commencing on or after January first following
    55  such effective date.
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