Chapter 3701-56 Dentist Loan Repayment Program

3701-56-01 Definitions.

As used in this chapter:

(A) "Dental health care provider sites" means nonprofit dental clinics or privately owned dental practices that provide services for medicaid recipients and offer sliding fee schedules based on the patient's family income, significantly reduced fees or free care to clients who otherwise cannot afford private dental care.

(B) "Dental health resource shortage area" means an area in Ohio that experiences special dental health problems and dentist practice patterns that limit access to dental care as set forth by the director in accordance with rule 3701-56-04 of the Administrative Code.

(C) "Dental services" means the provision of diagnostic, preventive, restorative, emergency and palliative services provided by licensed general or pediatric dentists. The provision of dental services includes a reasonable amount of time for performing tasks related to the service, such as record-keeping not to exceed eight hours per week.

(D) "Dentist" means a person who is licensed under Chapter 4715. of the Revised Code to practice dentistry.

(E) "Dentistry" means the practice of general or pediatric dentistry by a dentist as defined in paragraph (D) of this rule.

(F) "Department" means the department of health.

(G) "Director" means the director of the Ohio department of health or the director's designee.

(H) "Educational expenses" means all or part of the principal and interest of a government or commercial educational loan which has been taken by an individual and which meets the following criteria:

(1) The expenses were incurred while the individual was enrolled in, for up to a maximum of four years:

(a) A college of dentistry in the United States accredited by the commission on dental accreditation, recognized by the United States department of education to accredit dental education programs; or

(b) A dental college located outside of the United States that meets the standards of section 4715.11 of the Revised Code; and

(2) The expenses were incurred for:

(a) Tuition;

(b) Other educational expenses, such as fees, books, and laboratory expenses, for specific purposes and in amounts determined to be reasonable by the director;

(c) Room and board, in an amount determined to be reasonable by the director; and

(d) Loans incurred for educational or education-related expenses that have not already been paid by the individual or a member of his family.

(I) "Individual" means:

(1) A dental student enrolled in the final year of dental college;

(2) A dental resident in the final year of residency training in general or pediatric dentistry; or

(3) A person who is licensed, under Chapter 4715. of the Revised Code to practice dentistry in the state of Ohio.

Effective: 11/26/2009
R.C. 119.032 review dates: 09/04/2009 and 11/15/2014
Promulgated Under: 119.03
Statutory Authority: 3702.86
Rule Amplifies: 3702.85 , 3702.86 , 3702.87 , 3702.88 , 3702.89 , 3702.90 , 3702.91 , 3702.92 , 3702.93
Prior Effective Dates: 7/8/2004

3701-56-02 Eligibility.

(A) An individual who will not have an outstanding obligation for dental service to the federal government, a state, or other entity at the time of participation in the dentist loan repayment program and meets one of the following requirements may apply for participation in the dentist loan repayment program:

(1) A dental student enrolled in the final year of dental school; or

(2) A dental resident in the final year of residency training in general or pediatric dentistry; or

(3) A person who is licensed under Chapter 4715. of the Revised Code to practice dentistry in the state of Ohio.

(B) The application shall be submitted by a date and on a form prescribed by the department. The form shall require an applicant to set forth the following information:

(1) Name;

(2) Current and permanent mailing address;

(3) Telephone number;

(4) The dental college the applicant is attending or has attended, dates attended and verification of attendance;

(5) If the applicant is currently a dental resident, or has previously completed a dental residency program, the facility or institution where the residency was completed or is being performed, and if completed, the date of completion;

(6) A summary of the educational expenses for which reimbursement is sought under the dentist loan repayment program and verification of expenses;

(7) Verification of United States citizenship or legal alien status;

(8) Verification of license to practice dentistry under Chapter 4715. of the Revised Code and proof of good standing; and

(9) Any other information requested by the department of health.

(C) The director of health shall grant an application for placement in a dental health resource shortage area and participation in the dentist loan repayment program if both of the following apply

(1) The general assembly has appropriated adequate funds for the dentist loan repayment program; and

(2) The director finds that the applicant is eligible for placement and participation and that, in accordance with the priorities established under rule 3701-56-04 of the Administrative Code, the applicant is needed in a dental health resource shortage area.

(D) Upon granting an application, the director shall notify and enter into discussions with the applicant. The object of the discussions is the placement of the applicant in a dental health resource shortage area in which, according to the priorities established under rule 3701-56-04 of the Administrative Code, the applicant is most needed. The department may also refer an applicant to the Ohio dental association for assistance in being recruited to a site within a dental health resource shortage area at which the applicant will agree to be placed.

(E) If the dental health care provider site, the director and applicant agree on the applicant's placement in a particular dental health resource shortage area and the amount of the applicant's educational expenses to be repaid, the applicant shall prepare, sign, and deliver to the director a letter of intent agreeing to that placement. The dentist loan repayment advisory board shall determine the amounts that will be paid as loan repayments on behalf of participants in the dentist loan repayment program.

(F) In the event that it is necessary to establish priorities among applicants, the director shall consider the following factors:

(1) The applicant's background and career goals;

(2) The length of time the applicant is willing to provide dental services in a dental health resource shortage area;

(3) The applicant's expressed interest in working and staying in an underserved area and whose family members are interested in the lifestyle associated with areas of underservice;

(4) The extent to which the applicant has sought or undertaken culturally or economically diverse experiences;

(5) The amount of the loan balance for which the applicant is requesting repayment assistance;

(6) To ensure an equitable distribution of dentists desiring to practice in a dental health resource shortage area, preference will be given to applicants desiring to practice in a dental health resource shortage area which has not had a dentist placed in the preceding four years in the area either through the Ohio dentist loan repayment program or through the federal national health service corps scholarship and loan repayment programs.

(G) Each applicant will be evaluated against the factors listed in paragraph (F) of this rule. A score will be given to an applicant's response to each factor and each factor will be weighted using the criteria scoring sheet attached to this rule as an appendix.

Each applicant will be given a total score. In addition, the director may instruct staff to interview applicants to gather responses not easily evaluated from the applicant's written application. The applicants with the highest scores will be recommended for funding provided that funds are authorized and available. When necessary due to limited funds from the general assembly, payments of less than twenty five thousand dollars in the first and second years or thirty five thousand dollars in the third and fourth years may be made in order to maximize the number of dentists granted loan repayment in dental health resource shortage areas.

3701-56-02 Appendix A

Prioritization of Loan Repayment Candidates Criteria scoring sheet

See Appendix at

http://www.registerofohio.state.oh.us/pdfs/3701/0/56/3701-56-02_PH_FF_N_APP1_20091116_0956.pdf

Replaces: 3701-56-02

Effective: 11/26/2009
R.C. 119.032 review dates: 11/15/2014
Promulgated Under: 119.03
Statutory Authority: 3702.86
Rule Amplifies: 3702.88 , 3702.89 , 3702.90
Prior Effective Dates: 7/8/2004

3701-56-03 Requirements for contract.

(A) An individual who has signed a letter of intent under paragraph (E) of the rule 3701-56-02 of the Administrative Code and the director may enter into a contract providing for the dentist's participation in the dentist loan repayment program. A lending institution, the dentist's employer or another funder may also be a party to the contract.

(B) The contract shall include all of the following obligations:

(1) Agreement by the individual to provide dental services in the dental health resource shortage area identified in the letter of intent for at least two years.

(2) Agreement by the dentist that, in providing dental services in the dental health resource shortage area, he or she will do all of the following:

(a) Provide dental services for a minimum of forty hours per week;

(b) Provide dental services without regard to a patient's ability to pay;

(c) Meet the conditions prescribed by the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301 as amended (1981), and the Ohio department of job and family services for participation in the medical assistance program established under Chapter 5111. of the Revised Code and enter into a contract with the Ohio department of job and family services and its contracting managed care plans to provide dental services to recipients of the medical assistance program;

(d) Accept into his or her practice a percentage of individuals determined eligible for the medical assistance program described in paragraph (B)(2)(c) of this rule at least equal to the percentage of the general population in that dental health resource shortage area which has been determined eligible for the medical assistance program;

(3) Agreement by the department as provided in section 3702.91 of the Revised Code to repay, so long as the dentist performs the service obljgation to which he or she has agreed under paragraph (B)(1) of this rule, all or part of the dentist's educational expenses as defined in paragraph (H) of rule 3701-56-01 of the Administrative Code.

(4) Agreement by the dentist to pay the department the following as damages if he or she fails to complete the service obligation to which he or she agreed under paragraph (B)(1) of this rule;

(a) If the failure occurs during the first two years of the service obligation, three times the amount the department has agreed to repay under paragraph (B)(3) of this rule;

(b) If the failure occurs after the first two years of the service obligation, three times the amount the department is still obligated to repay under paragraph (B)(3) of this rule;

(c) If funds from another source are used to repay a portion of the dentist's loan, damages owed if the dentist fails to complete the obligation will be the damages specified by the other source of the funds, or as outlined in paragraph (B)(4) of this rule, whichever is greater.

(5) Agreement by the department, as provided in section 3702.85 of the Revised Code, to pay, so long as the individual performs the service obligation to which he or she has agreed under paragraph (B)(1) of this rule, all or part of the individual's educational expenses, but not to exceed twenty-five thousand in the first and second years, or thirty-five thousand in the third and fourth years of service.

(6) If the department assumes the individual's duty to pay a portion of the loan, the contract shall set forth the amount of each payment.

(C) In addition to the terms required under paragraph (B) of this rule, the contract may contain other terms agreed upon by the parties, including reimbursement for some or all of the increased tax liability at the director's discretion, if a repayment results in an increase in the dentist's federal, state or local income tax liability.

Replaces: 3701-56-03

Effective: 11/26/2009
R.C. 119.032 review dates: 11/15/2014
Promulgated Under: 119.03
Statutory Authority: 3702.86
Rule Amplifies: 3702.91
Prior Effective Dates: 7/8/2004

3701-56-04 Dental health resource shortage areas.

(A) Dental health resource shortage areas shall include the following:

(1) A geographic area, facility (including federally qualified health centers), or population group in this state that has been designated by the United States secretary of health and human services as a dental health manpower shortage area under Title III of the "Public Health Services Act,'" 58 Stat. 682 (1944), 42 U.S.C. 201 , as amended (1981).

(2) A geographic area, one or more facilities within a particular area or a population group within a particular area which:

(a) Has a population to dentist ratio exceeding four thousand to one and is in an appalachian county; or

(b) Has a population to dentist ratio exceeding four thousand to one and a minority population which exceeds seventy percent; or

(c) Has a low-income population (less than or equal to two hundred percent of poverty level) to medicaid provider (adjusted to full time equivalent) ratio exceeding four thousand to one; or

(d) Has insufficient capacity, such as unusually long wait time for new patient appointments (more than six weeks for routine dental services) or two-thirds of dentists do not accept new patients; or

(e) Demonstrates the population in the area experiences significant barriers to obtaining dental care; or

(f) Has previously been designated to be a dental health manpower shortage area as described in paragraph (A)(1) of this rule but upon regular re-determination by the director, no longer meets the criteria of paragraph (A)(1) of this rule.

(B) In determining whether to approve an area, facility or population as a dental health resource shortage area, the director shall consider:

(1) Population groups that experience special oral health problems such as low-income, medicaid, minority, migrant, homeless, nursing home residents and other population groups determined by the director to have special oral health problems;

(2) Dentist practice patterns that limit access to dental care.

(C) The director shall give priority to the dental health resource shortage areas based on the following factors, with the population to dentist ratio receiving the highest priority:

(1) Population to dentist ratio in the shortage area;

(2) Per cent of the population with incomes below the poverty level or other oral health status indicators of the target population such as community water fluoridation;

(3) Travel time or distance to nearest source of care outside the health resource shortage area;

(4) Presence of dental health care provider sites in the area with vacancies for dentists,

(5) Availability of an eligible candidate interested in being recruited to a particular site within an area; and

(6) The distribution of dental health care provider sites in urban and rural regions.

Effective: 11/26/2009
R.C. 119.032 review dates: 09/04/2009 and 11/15/2014
Promulgated Under: 119.03
Statutory Authority: 3702.86
Rule Amplifies: 3702.87 , 3702.88
Prior Effective Dates: 7/8/2004