Mississippi Administrative Code
Title 10 - Education Institutions and Agencies
Part 654 - Nursing and Respiratory Therapy Incentive Forgivable Loan Program for LPN, ADN/ASN, BSN, RN to BSN, MSN, RN to MSN, PhD/DNP, and RT Rules and Regulations
Chapter 1 - Nursing and Respiratory Therapy Incentive Forgivable Loan Program for LPN, ADN/ASN, BSN, RN to BSN, MSN, RN to MSN, PhD/DNP, and RT Rules and Regulations
Rule 10-654-1.1 - Nursing and Respiratory Therapy Incentive Forgivable Loan Program for LPN, ADN/ASN, BSN, RN to BSN, MSN, RN to MSN, PhD/DNP, and RT Rules and Regulations
Universal Citation: MS Code of Rules 10-654-1.1
Current through September 24, 2024
These Rules and Regulations are subject to change by the Mississippi Postsecondary Education Financial Assistance Board (hereinafter referred to as the "Board"). The number of awards and recipients are dependent upon availability of funds and selection shall be based on a first-come, first-served basis of all eligible applicants; however, priority consideration shall be given to persons previously receiving awards under the program.
I. GENERAL ELIGIBILITY
A. The undergraduate applicant must be fully
admitted as a regular student and enrolled part-time or full-time at the
undergraduate level seeking a certificate in practical nursing, associate of
science or applied science in nursing, respiratory therapy or respiratory care
technology, or bachelor's degree in an approved nursing program at one (1)
accredited four-year institution of higher learning in the State of
Mississippi. Bachelor's degree-seeking students must be classified as a Junior
or Senior. The graduate applicant must be fully admitted as a regular student
and enrolled either part-time or full-time at the graduate level in an approved
nursing program at one (1) accredited four-year institution of higher learning
in the State of Mississippi. at one (1) accredited institution of higher
learning in the State of Mississippi. Enrollment and classification status will
be determined by the attending institution.
B. The applicant must have expressed in
writing a present intention to provide nursing or respiratory care service in
the State of Mississippi and must diligently pursue the course of study and
requirements for the appropriate nursing or respiratory care license.
C. The applicant must be accepted into an
appropriate program of study and maintain satisfactory academic progress (SAP)
in the approved program of study in accordance with the attending institution's
policy.
D. The applicant must not
presently or previously have defaulted on an educational loan.
E. Graduate and RN to BSN and RN to MSN
bridge program applicants must possess a current Mississippi registered nursing
license.
II. APPLICATION REQUIREMENTS FOR FORGIVABLE LOAN APPLICANT
A. First time applicants must:
1. Complete an application online at
www.msfinancialaid.org by the
deadline date of March 31.
2.
Submit a copy of the applicant's letter of acceptance into the appropriate
program of study. The letter of acceptance should indicate that the applicant
has been fully admitted or admitted as a regular student and should include the
admittance date and entering classification. Provisional or conditional
admission is not accepted. The letter of acceptance should be submitted as soon
as possible but must be received by the document deadline of June 30.
3. Graduate and RN to BSN and RN to MSN
bridge program applicants must submit a copy of their valid Mississippi nursing
license by the document deadline of June 30.
4. Signify understanding of the Rules and
Regulations, enter into a Contract and Note with the Board pursuant to the
applicable Rules and Regulations and all applicable State laws, and complete,
sign and return the Self Certification of a Private Loan form prior to the
disbursement of funds. Note: The Contract and Note will be issued once
the applicant has been awarded. Funds will not be disbursed until the Contract
and Note has been signed.
5. Be enrolled part-time or full-time in an
approved program of study and be making SAP in accordance with the attending
institution's policy. Evidence of academic eligibility will be automatically
provided to the Board by the attending institution, unless specifically
requested from the applicant.
B. Renewal applicants must:
1. Complete an application online at
www.msfinancialaid.org by the
deadline date of March 31.
2. Be
enrolled part-time or full-time enrollment in an approved program of study and
be making SAP in accordance with the attending institution's policy. Evidence
of academic eligibility will be automatically provided to the Board by the
attending institution, unless specifically requested from the
applicant.
3. Complete, sign and
return the Self Certification of a Private Loan form.
III. AMOUNT and LENGTH OF FORGIVABLE LOAN
A. The maximum annual
award amount for full-time recipients shall be the average tuition and required
fees charged by all Mississippi public institutions for the specified
program. The annual award will be pro-rated for part-time
students.
B. Certificate-seeking
students enrolling on a full-time basis may receive a lifetime maximum of one
(1) annual award or two (2) semesters. Certificate-seeking students enrolling
on a part-time basis may receive pro-rated awards over two (2) academic years
or four (4) semesters. Undergraduate and graduate students, except RN to MSN
bridge students, enrolling on a full-time basis may receive a lifetime maximum
of two (2) annual awards or four (4) semesters. Undergraduate and graduate
students, except RN to MSN bridge students, enrolling on a parttime basis may
receive pro-rated awards over four (4) academic years or eight (8) semesters.
RN to MSN bridge students enrolling on a full-time basis may receive a lifetime
maximum of three (3) annual awards, six (6) semesters, or nine (9) trimesters.
RN to MSN students enrolling on a part-time basis may receive prorated awards
over four (4) academic years, eight (8) semesters, or twelve (12)
trimesters.
C. Awards shall be
disbursed directly to the school of attendance.
IV. RECIPIENT RESPONSIBILITIES
A. Recipients must maintain good standing at
the educational institution in which he/she is enrolled.
B. Recipients must make SAP toward the
appropriate certificate or degree. Any recipient who fails to make SAP will be
suspended from participation in the program for the following period of
enrollment.
C. Recipients must
remain in school part-time or full-time, complete an approved program of study
and obtain the appropriate license. A recipient who withdraws from school,
fails to complete an approved program of study, or fails to obtain an
appropriate license, shall immediately become liable to the Board for the sum
of all outstanding awards, plus a penalty of 5% of the outstanding principal,
and interest on the combined outstanding principal and penalty.
D. While receiving funds, the recipient must
keep the Board informed of the recipient's current, correct, and complete
contact information. This information may be updated via the recipient's
student account online at www.msfinancialaid.org. Once in
repayment, the recipient must keep the Board or its loan servicer informed of
the recipient's current, correct, and complete contact information until the
debt is completely satisfied.
E. A
recipient should address in writing to the Board or its loan servicer any
special circumstances regarding enrollment status, withdrawal from school, or
failure to complete the approved program of study.
V. REPAYMENT
A. A forgivable loan recipient enters
repayment when the recipient completes the approved program of study, withdraws
from school, or fails to complete the approved program of study. The recipient
may satisfy his/her forgivable loan debt either by cancellation through
appropriate health care service or by loan repayment.
B. Cancellation through Health Care Service
1. A forgivable loan recipient must meet all
the following criteria to qualify for debt cancellation through health care
service:
a) Have the appropriate license, as
determined by the Mississippi Board of Nursing or the Mississippi State
Department of Health.
b) Work in
professional health care in Mississippi by performing the appropriate service
(practical nursing, teaching nursing, other professional nursing in the
interest of public health, or respiratory care) on a full-time basis.
"Full-time" is understood by the parties to mean that the health care provider
shall maintain the normal full-time work schedule where the health care
provider is employed. NOTE: It is fully understood that it is the
responsibility of the forgivable loan recipient to seek and secure employment.
The Board assumes no obligation to perform that function.
2. For recipients working
full-time, the forgivable loan debt shall be cancelled based on one (1) year of
service for one-fifth (1/5) of the total forgivable loan amount received. For
all recipients, such service shall never be less than sixty (60) months of
full-time public health work, regardless of the length of study provided under
this forgivable loan.
3. At the
time of separation from the approved program of study, unless granted a grace
period or other type of deferment, the forgivable loan recipient must request
in writing a one (1)-year deferment of the accrual of interest and repayment of
principal and penalty for purposes of completing the service option. The
service deferment request must be accompanied by evidence of appropriate
employment as defined in Section V.B.1.
4. At the end of each one (1)-year service
deferment period, the forgivable loan recipient must request in writing a
cancellation of the equivalent of one-fifth (1/5) of the total amount
loaned.
5. The service deferment
and cancellation must be requested in writing and approved each year for five
(5) years until the debt is fully satisfied.
C. Loan Repayment
1. Unless granted a grace period, service
deferment, or other deferment, a forgivable loan recipient shall become liable
to the Board for the sum of all forgivable loan awards made to that person less
the corresponding amount of debt previously cancelled through service, plus a
penalty of 5% of the outstanding principal, and interest on the combined
outstanding principal and penalty, immediately at the time of occurrence of one
of the following events:
a) The recipient
withdraws from school;
b) The
recipient fails to complete the approved program of study;
c) The recipient fails to obtain the
appropriate license; or
d) The
recipient fails to complete the service option defined in Section
V.B.
2. At the time of
the occurrence of one of the events outlined in Section V.C.1. or upon
termination of a grace period or other deferment, a 5% penalty will be applied
to the sum of all forgivable loan awards made to the recipient less any amount
previously cancelled through service.
3. The rate of interest charged a forgivable
loan recipient on the unsatisfied balance shall be the current unsubsidized
Federal Stafford Loan rate at the time the account first entered
repayment.
4. Interest begins
accruing at the time of occurrence of one of the events outlined in Section
V.C.1. or upon termination of a grace period or other deferment, and repayment
commences one (1) month after the occurrence of the event.
5. Forgivable loan recipients must repay the
loan (principal, penalty, and interest thereon) in sixty (60) or less equal
consecutive monthly installments. If the recipient becomes three (3) months
past due in the repayment of his/her loan (principal, penalty, and interest
thereon), all principal, penalty, and interest outstanding, together with costs
of collection, shall become immediately due and payable and, demand shall be
made by mailing the same to the obligor at the last address furnished by said
obligor. Should payment of the sum due not be made in full within thirty (30)
days, from the date demand was made, the Contract and Note executed by the
obligor shall be placed with a collection agency or an attorney for collection,
at which point the obligor shall become liable for reasonable collection or
attorneys' fees, which may be based on a percentage of the amount of the debt,
and court costs, in addition to the other sums due and owing.
D. The obligations made by the
recipient of this forgivable loan shall not be voidable by reason of the age of
the student at the time of receiving the forgivable loan.
E. Special circumstances regarding a
recipient's failure to complete the service option and/or fulfill the loan
obligation should be addressed in writing to the Board or its loan
servicer.
VI. GRACE PERIOD AND OTHER DEFERMENTS
A. Grace Period
1. Upon completion of the approved program of
study, the forgivable loan recipient will be granted a twelve (12)-month grace
period, during which the recipient should obtain the appropriate license and
secure appropriate employment as defined in Section V.B.1.
2. A forgivable loan recipient who does not
complete the approved program of study will not be granted a twelve (12)-month
grace period and will enter repayment immediately upon separation from the
approved program of study. Such a recipient may be eligible for an in-school
deferment as defined in Section VI.B.
B. In-School Deferment
1. A forgivable loan recipient who does not
complete the approved program of study but remains enrolled at least part-time
in a program of study at the same certificate or degree level may request
deferment of the accrual of interest and the repayment of principal and penalty
for purposes of remaining in school.
2. The in-school deferment must be requested
in writing to the Board or its loan servicer and must be accompanied by
verification of at least part-time enrollment from the attending
institution.
3. The in-school
deferment will not be granted for enrollment in a program of study for a degree
level beyond that for which the loan was awarded.
4. The in-school deferment must be requested
by the recipient and approved every term (except Summer) throughout the
duration of the deferment.
C. Temporary Disability Deferment
1. A forgivable loan recipient in repayment
who is unable to secure or continue employment because of temporary total
disability may request deferment of the accrual of interest and the repayment
of principal and penalty. To qualify, a recipient must be unable to work and
earn money due to the disability for at least sixty (60) days or be providing
continuous care for a dependent or spouse during a period of at least (90)
consecutive days.
2. The temporary
disability deferment must be requested in writing to the Board or its loan
servicer and must be accompanied by certification from a doctor of medicine or
osteopathy who is legally authorized to practice medicine.
3. The temporary disability deferment must be
requested by the recipient and approved every six (6) months throughout the
duration of the deferment and condition for a total period of time not to
exceed three (3) years.
D. Military Service Deferment
1. In terms of military service the following
definitions shall apply:
a) REQUIRED military
service is that service which is required of an individual in the service of
the Armed Forces of the United States; it does not include a military service
obligation incurred to repay a grant, stipend or scholarship granted the
individual prior to, during, or after the award under the program.
b) OBLIGATED or VOLUNTARY military service is
that service which is performed by the individual in repayment of a debt owed
the United States government as a result of military scholarships, ROTC
scholarships, etc. received by the individual. Service is VOLUNTARY if the
individual is not obligated to incur a period of military service but chooses
to incur the service obligation.
2. A forgivable loan recipient shall be
eligible for deferment of the accrual of interest and the repayment of
principal and penalty during the time of required military service.
3. The military deferment must be requested
in writing to the Board or its loan servicer, stating beginning and ending
dates of such required military service, and must be accompanied by a copy of
the military orders.
4. The
military deferment must be requested by the recipient and approved on a
year-to-year basis (annually).
5.
If a recipient continues military service for any reason beyond the REQUIRED
time, then that person shall be declared ineligible for military deferment and
the remaining unsatisfied principal, penalty, and interest shall become due and
payable to the Board according to the terms outlined in Section V.C.
6. If a recipient obligates himself/herself
to VOLUNTARY military service prior to, during, or after the award, then that
person shall be declared ineligible for military deferment and the remaining
unsatisfied principal, penalty, and interest shall become due and payable to
the Board according to the terms outlined in Section V.C.
VII. CANCELLATION OF DEBT
A. Death
1. If an individual recipient dies, then the
recipient's obligation to repay the loan or render service is
canceled.
2. The Board shall
require a copy of the death certificate or other proof of death that is
acceptable under applicable State Law. If a death certificate or other
acceptable proof of death is not available, the recipient's obligation for
service or repayment on the loan is canceled only upon a determination by the
Board on the basis of other evidence that the Board finds conclusive.
3. The Board may not attempt to collect on
the loan from the deceased recipient's estate.
B. Total and Permanent Disability
1. If the Board determines that an individual
recipient is totally and permanently disabled, the recipient's obligation to
make any further payments of principal, penalty, and interest on the loan is
canceled. A recipient is not considered totally and permanently disabled on the
basis of a condition that existed before he/she applied for the forgivable
loan, unless the recipient's condition has substantially deteriorated since
he/she submitted the forgivable loan application, so as to render the recipient
totally and permanently disabled.
2. After being notified by the recipient or
the recipient's representative that the recipient claims to be totally and
permanently disabled, the Board shall promptly request that the recipient or
the recipient's representative obtain a certification from a physician, who is
a doctor of medicine or osteopathy and legally authorized to practice, on a
form provided or approved by the Board and other necessary documents as
requested, that the recipient is totally and permanently disabled. The Board
shall continue collection until it receives the certification or receives a
letter from a physician stating that the certification has been requested and
that additional time is needed to determine if the recipient is totally and
permanently disabled. After receiving the physician's certification or letter
and other necessary documents as requested and the student is found to be
totally and permanently disabled, the Board may not attempt to collect from the
recipient.
3. If the Board
determines that a loan owed by a recipient, who claims to be totally and
permanently disabled, is not eligible for cancellation for that reason, or if
the Board has not received the physician's certification and other requested
documents, as described in Section VII.B.2., within 60 days of the receipt of
the documents as described in Section VII.B.2., the Board shall resume
collection and shall be deemed to have exercised forbearance of payment of
principal, penalty, and interest from the date the Board received the documents
described in Section VII.B.2. until such a determination of ineligibility is
made by the Board.
C.
Bankruptcy
Forgivable loans are not dischargeable in bankruptcy.
VIII. WARRANTY
The acceptance of the forgivable loan shall serve to appoint the Secretary of State of the State of Mississippi by each recipient as his/her designated agent for service of process, upon whom may be served all lawful processes and summons in any action or proceeding against him/her in the event he/she removes himself/herself from this State and the processes of its courts, growing out of any breach of Contract and Note by the recipient for failure to fulfill his/her Contract and Note with the Board or, to repay the forgivable loan, including penalty and interest pursuant to the law and Contract and Note, and, said acceptance of the loan rights and privileges shall be a signification of the applicant's agreement that any such process or summons against him/her, which is so served upon the Secretary of State, shall be of the same legal force and validity as if served on him/her personally. The venue of all causes of action against such nonresidents shall be Hinds County, Mississippi.
IX. AUTHORIZATION
The acceptance of the forgivable loan shall serve to authorize the Mississippi Office of Student Financial Aid, the Board, and their respective agents and contractors to contact the recipient regarding the recipient's loan request or loan(s), including repayment of loan(s), at the current or any future number the recipient provides for the recipient's cellular phone or other wireless device using automated telephone dialing equipment or artificial or pre-recorded voice or text messages.
Miss. Code Ann. § 37-106-60.
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