Enacts the New York state nursing shortage correction act; establishes the New York state nursing recruitment incentive and retention program; defines terms; provides for tuition benefits and the reimbursement of student loans if a person is a registered and licensed nurse; provides that SUNY and CUNY shall pay for a person's education if such person signs a contract stating that he or she shall work in New York state as a registered nurse; makes related provisions; establishes the New York state nursing recruitment incentive and retention account.
STATE OF NEW YORK
________________________________________________________________________
5153
2023-2024 Regular Sessions
IN ASSEMBLY
March 3, 2023
___________
Introduced by M. of A. PALMESANO, BLANKENBUSH, BRABENEC, DeSTEFANO,
J. M. GIGLIO, GOODELL, LEMONDES, MANKTELOW, MILLER, MORINELLO, RA,
REILLY, SAYEGH, TAGUE -- Multi-Sponsored by -- M. of A. BARCLAY,
BYRNES, DiPIETRO, EPSTEIN, WALSH -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law and the state finance law, in relation
to enacting the New York state nursing shortage correction act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "New York
2 state nursing shortage correction act".
3 § 2. The education law is amended by adding a new section 669-i to
4 read as follows:
5 § 669-i. New York state nursing recruitment incentive and retention
6 program. 1. The department is authorized, within amounts appropriated or
7 otherwise lawfully available from any other source, to establish a nurs-
8 ing recruitment incentive and retention program.
9 2. Definitions. As used in this section the term:
10 (a) "Prospective nurse" shall mean a person who desires to enter nurs-
11 ing school to become a nurse.
12 (b) "Degree producing curriculum" shall mean a series of courses
13 programmed to culminate in a specific post-secondary degree or diploma
14 when successfully completed.
15 (c) "Tuition" shall mean the total semester, quarter, or classroom
16 hour cost of instruction to the student as periodically published in the
17 catalogue of the institution, specifically excluding mandatory fees,
18 book charges, and room and board.
19 (d) "Tuition benefit" shall mean the payment of whatever cost is
20 attributable to the cost of tuition after the deduction of any other
21 available educational grant aid.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08483-01-3
A. 5153 2
1 (e) "Part-time study" shall mean enrollment in an approved post-secon-
2 dary degree program for at least six but less than twelve semester
3 hours, or the equivalent per semester, or at least four but less than
4 eight semester hours per quarter in an institution.
5 (f) "Institution" shall mean the state university of New York, the
6 city university of New York or a community college located within this
7 state which provides a course of study leading to the granting of a
8 post-secondary degree or diploma.
9 (g) "Legal resident" shall mean a person whose principal domicile is
10 located within New York state in excess of one hundred eighty-six days
11 per year.
12 3. (a) Notwithstanding the provisions of any other general, special,
13 or local law, rule, or regulation, any prospective nurse shall be enti-
14 tled to the tuition benefit provided by this section upon such person's
15 enrollment in a degree producing curriculum in any institution.
16 (b) The tuition benefit provided by this section shall be restricted
17 to legal residents of the state. The benefit may be used for either
18 part-time or full-time study. No restriction as to sessions, student
19 status, or space availability which does not apply to all students shall
20 be placed by institutions upon recipients under this program.
21 (c) Upon the recipient's attainment of a baccalaureate or cessation of
22 status as an active student, whichever occurs first, the benefit
23 provided by this section shall be discontinued. The tuition benefit
24 provided by this section may be suspended at the direction of the
25 department for a recipient's failure to maintain good academic progress
26 and program pursuit or for the failure to maintain sufficient academic
27 standing to retain eligibility for any other financial assistance the
28 recipient may be receiving.
29 (d) Unless otherwise provided for in this section, the tuition benefit
30 shall be on the terms and conditions set by the department, provided
31 that such person shall sign a contract to agree to work in a job that
32 requires such person to be licensed as a registered nurse more than an
33 average of twenty hours per week anywhere within this state; for two
34 years if such person was in an associate in nursing program; or for four
35 years if such person were in a bachelor's or higher degree nursing
36 program. Such job shall begin within one year after leaving college or a
37 nursing degree program.
38 (e) The tuition benefit provided by this section shall be effective
39 beginning with the school semester or quarter following its enactment
40 into law.
41 4. (a) A registered nurse who did not receive the full benefit pursu-
42 ant to subdivision three of this section or is under obligation to repay
43 the loans, and is employed more than an average of twenty hours a week
44 in a licensed and registered nursing job in this state may request the
45 state university of New York or the city university of New York to take
46 over all or part of such registered nurse's student loan payments if
47 such person averages more than thirty-five hours per week in a job that
48 requires such person to be licensed as a registered nurse.
49 (b) If such person averages between twenty and thirty-five hours per
50 week in a job that requires such person to be licensed as a registered
51 nurse, one-half of the student loan payments shall be taken over by such
52 institutions.
53 (c) Only hours worked within New York state may be eligible towards
54 the hours of work per week.
55 5. The state university of New York and the city university of New
56 York shall continue to operate pursuant to subdivision three of this
A. 5153 3
1 section until such person receives the same amount as would have been
2 received under subdivision one of this section or until such person
3 ceases to be employed more than twenty hours per week in a job in this
4 state that requires such person to be licensed as a registered nurse, or
5 such person's student loans are paid off, whichever occurs first.
6 6. (a) If such benefit pursuant to subdivision four of this section
7 ceases because such registered nurse ceases to be employed more than an
8 average of twenty hours per week in a job in this state that requires
9 such person to be licensed as a registered nurse, such person may reap-
10 ply when such person begins to work more than an average of twenty hours
11 per week.
12 (b) At the time when the benefit ceases, the full amount of money
13 advanced such person shall be converted into a student loan as defined
14 in the contract such person signed pursuant to paragraph (d) of subdivi-
15 sion three of this section.
16 (c) The commissioner of health may waive or delay the enforcement of
17 this subdivision in cases of extreme hardship.
18 7. The respective institutions shall provide the department of taxa-
19 tion and finance on a quarterly basis with pertinent information,
20 including, but not limited to, the names, addresses, social security
21 numbers, names and addresses of employers. Such information shall be in
22 a computer readable format as set forth by the department of taxation
23 and finance.
24 § 3. The state finance law is amended by adding a new section 91-h to
25 read as follows:
26 § 91-h. New York state nursing recruitment incentive and retention
27 account. 1. There is hereby established in the joint custody of the
28 state comptroller and the commissioner of taxation and finance an
29 account in the miscellaneous special revenue fund to be known as the New
30 York state nursing recruitment incentive and retention account.
31 2. Such account shall consist of all revenues received from contrib-
32 utions, donations and other moneys credited or transferred thereto from
33 any other fund or source pursuant to law.
34 3. Moneys of the account, following appropriation by the legislature
35 may be expended for the New York state nursing recruitment incentive and
36 retention program. Moneys shall be paid out of the account on the audit
37 and warrant of the state comptroller on vouchers certified or approved
38 by the adjutant general of New York state.
39 § 4. This act shall take effect July 1, 2024. Effective immediately,
40 the addition, amendment and/or repeal of any rule or regulation neces-
41 sary for the implementation of this act on its effective date are
42 authorized to be made and completed on or before such effective date.
