MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Universities and Colleges; Appropriations
By: Senator(s) Parks, Jackson
AN ACT TO CREATE THE SKILLED NURSING HOME AND HOSPITAL NURSES RETENTION LOAN REPAYMENT PROGRAM FOR NEW NURSING GRADUATES TO BE ADMINISTERED BY THE MISSISSIPPI POSTSECONDARY EDUCATION FINANCIAL ASSISTANCE BOARD; TO PROVIDE FOR THE ELIGIBILITY REQUIREMENTS; TO SET A MAXIMUM AMOUNT OF LOAN REPAYMENT; TO ESTABLISH THE PROCEDURES FOR THE LOAN PROCESS; TO REQUIRE THE MISSISSIPPI POSTSECONDARY EDUCATION FINANCIAL ASSISTANCE BOARD TO PROMULGATE REGULATIONS NECESSARY FOR THE PROPER ADMINISTRATION OF THE ACT, INCLUDING SETTING A FISCAL YEAR POLICY FOR THE PROGRAM AND APPLICATION DATES AND DEADLINES; TO AMEND SECTION 1, CHAPTER 47, LAWS OF 2022, WHICH IS THE APPROPRIATION TO THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, TO REPLACE THE NURSING AND RESPIRATORY THERAPIST INCENTIVE PROGRAM WITH THE SKILLED NURSING HOME AND HOSPITAL NURSES RETENTION LOAN REPAYMENT PROGRAM; TO AMEND SECTION 2, CHAPTER 47, LAWS OF 2022, WHICH IS THE APPROPRIATION TO THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, TO REPLACE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING WITH THE MISSISSIPPI POSTSECONDARY EDUCATION FINANCIAL ASSISTANCE BOARD FOR PURPOSES OF DISBURSING FUNDS ALLOCATED FOR THE REPAYMENT PROGRAM; TO REPEAL SECTIONS 37-106-59 AND 37-106-60, MISSISSIPPI CODE OF 1972, WHICH ESTABLISH A FORGIVABLE LOAN PROGRAM FOR BACCALAUREATE AND GRADUATE STUDIES IN NURSING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is established the "Skilled Nursing Home and Hospital Nurses Retention Loan Repayment Program" for new nursing graduates to be administered by the Mississippi Postsecondary Education Financial Assistance Board.
(2) Subject to the availability of funds, an eligible applicant for an initial award must have:
(a) Legal residency in the State of Mississippi;
(b) Gained employment within the last year for the first time as a full-time licensed practical nurse or licensed registered nurse at a skilled nursing home in the State of Mississippi or a general acute care hospital in the State of Mississippi that is licensed by the Mississippi State Department of Health;
(c) A current relevant Mississippi professional license; and
(d) Outstanding qualifying educational loans, received at any point during the recipients postsecondary education career, which may include the principal, interest and related expenses such as the required interest premium on the unpaid balances of government and commercial loans obtained by the recipient for educational expense.
(3) Persons who have received funds from state-forgivable loan programs established under Mississippi law, or who are in default or delinquent on any federal, state, local or commercial qualifying educational loan, shall not be eligible for this program.
(4) Recipients in the program shall be selected on a first-come, first-served basis from all eligible applicants. The Mississippi Postsecondary Education Financial Assistance Board shall renew eligible applicants approved in prior years only if the renewal applicant continues to meet the standards set forth in this act, and the renewal applicant has not received full funding provided by this subsection (4).
(5) Awards for recipients who are employed at a skilled nursing home or a licensed general acute care hospital in the state may be a maximum of Six Thousand Dollars ($6,000.00) for each year of employment up to three (3) years.
(6) A recipient shall not be penalized for ending employment at a skilled nursing home or a licensed general acute care hospital in the State of Mississippi if the recipient begins working for another skilled nursing home or licensed general acute care hospital in the State of Mississippi during the year on which the award is based.
(7) Awards shall be granted on a year-to-year basis, and recipients have no obligation to seek a subsequent award.
(8) Awards shall be paid annually, after the expiration of the year of employment for which the award was granted, to the recipient's lender or loan service provider, to be applied to the outstanding balance. Monies paid by the recipient or on the recipient's behalf toward qualifying educational loans before payment of the award shall not be eligible for reimbursement through the program.
(9) During the employment year for which the award is granted, a recipient shall at all times keep the State Financial Aid Board informed of any changes to the recipient's current, correct and complete employment information and status.
(10) Recipients who fail to maintain a relevant Mississippi professional license or fail to fulfill the year of employment on which the award was based forfeit any right to the award.
(11) The Mississippi Postsecondary Education Financial Assistance Board, in collaboration with the State Board of Nursing and any other applicable state agency as determined by the Mississippi Postsecondary Education Financial Assistance Board, shall attempt to track award recipients under this program through their third employment year, unless the recipient leaves employment at a skilled nursing home or a licensed general acute care hospital in the state at an earlier date. Data collected shall include each recipients' place of employment and any other pertinent information necessary to determine the efficacy of the program in retaining nurses in skilled nursing homes or licensed general acute care hospitals in the State of Mississippi.
(12) The Mississippi Postsecondary Education Financial Assistance Board shall promulgate regulations necessary for the proper administration of this section, including setting a fiscal year policy for the program and application dates and deadlines.
(13) This section shall stand repealed on July 1, 2027.
Section 1. The
following sum, or so much of it as may be necessary, is appropriated out of any
money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated,
to the * * * Mississippi
Postsecondary Education Financial Assistance Board for the purpose of
providing funding for the * * *Nursing and Respiratory Therapy Education Incentive Program created in House
Bill No. 1005, 2022 Regular Session Skilled Nursing Home
and Hospital Nurses Retention Loan Repayment Program,
for the fiscal year beginning July 1, 2022, and ending June 30, 2023.................................... $
6,000,000.00.
SECTION 3. Section 2, Chapter 47, Laws of 2022, appropriation to the Board of Trustees of State Institutions of Higher Learning, is amended as follows:
Section 2. (1) As
used in this section and Section 3 of this act, the term "agency"
means the * * *
Mississippi Postsecondary Education Financial Assistance Board.
(2) The agency shall not disburse any funds appropriated under this act to any recipient without first: (a) making an individualized determination that the reimbursement sought is, in the agency's independent judgment, for necessary expenditures eligible under Section 602 of the federal Social Security Act as added by Section 9901 of the federal American Rescue Plan Act of 2021 (ARPA) and its implementing guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, by the United States Department of the Treasury; and (b) determining that the recipient has not received and will not receive reimbursement for the expense in question from any source of funds, including insurance proceeds, other than those funds provided under Section 602 of the federal Social Security Act as added by Section 9901 of ARPA. In addition, the agency shall ensure that all funds appropriated under this act are disbursed in compliance with the Single Audit Act (31 USC Sections 7501-7507) and the related provisions of the Uniform Guidance, 2 CFR Section 200.303 regarding internal controls, Sections 200.330 through 200.332 regarding sub-recipient monitoring and management, and subpart F regarding audit requirements.
(3) None of the funds appropriated under Section 1 of this act shall be used to pay employee premium payments.
SECTION 4. Sections 37-106-59 and 37-106-60, Mississippi Code of 1972, which establish a forgivable loan program for baccalaureate and graduate studies in nursing, are repealed from and after July 1, 2023.
SECTION 5. This act shall take effect and be in force from and after its passage.