Current through Register Vol. 63, No. 9, September 1, 2024
(1)
A loan
repayment recipient who fails to complete the minimum service obligation
in a qualifying practice site and does not receive a waiver shall be considered
to have breached the terms of the program. The Authority shall impose a penalty
on any such provider in an amount up to the sum of:
(a) The total paid from the Health Care
Provider Incentive Fund to the participant or on behalf of the participant for
any periods of obligated service not served;
(b) $7,500 for each month of the minimum
service period not completed according to the terms of the obligation;
and
(c) Interest on the above
amounts at the maximum prevailing rate, as determined by the Oregon Department
of Revenue, calculated from the date of breach until full repayment has been
made.
(d) The participant may
appeal decisions made by the Authority under the provisions of ORS Chapter
183.
(2)
A loan
forgiveness or scholarship recipient who fails to complete the minimum
service obligation in a qualifying practice site and does not receive a waiver
is considered to have breached the terms of the program. The Authority shall
impose a penalty on any such provider in an amount up to the sum of:
(a) The total paid from the from the Health
Care Provider Incentive Fund to the participant or on behalf of the participant
plus 10 percent interest for failure to complete the recipient's academic
program;
(b) The total paid from
the from the Health Care Provider Incentive Fund to the participant or on
behalf of the participant plus 10 percent interest plus a 25 percent penalty on
the total award paid to date for failure to complete a service agreement. The
Collections Unit in the Oregon Department of Revenue shall collect amounts due
under ORS 293.250.
(c) The participant may appeal decisions made
by the Authority under the provisions of ORS Chapter 183.
(3) A carrier found to be in breach of their
agreement under this program is subject to penalties. Administrative review,
for purposes of these rules, shall be the process for any appeals made to the
Authority. A carrier or practitioner may request administrative review. The
Authority must receive the request in writing no later than 30 calendar days
after the date of the Authority's notice. If the request for administrative
review is timely, the practitioner or the carrier must provide the Authority
with a copy of all relevant records and other materials relevant to the appeal,
no later than 10 days before the review is scheduled.
(a) If the Authority decides that a
preliminary meeting between the practitioner or carrier and Authority staff may
assist the review, the Authority shall notify the individual requesting the
review of the date, time, and place the meeting is scheduled.
(b) The Authority shall conduct the
administrative review meeting as follows:
(A)
No minutes or transcript of the review shall be made;
(B) The carrier or practitioner requesting
review does not have to be represented by counsel during an administrative
review meeting and shall be given the opportunity to present relevant
information;
(C) Authority staff
may not be available for cross-examination, but may attend and participate in
the review meeting;
(D) Failure to
appear without good cause constitutes acceptance of the Authority's
determination;
(E) The Authority
may combine similar administrative review proceedings and meetings involving
the same parties or similar facts, if the Authority determines that joint
proceedings may facilitate the review;
(F) The Authority may request the appealing
practitioner or carrier to submit, in writing, new information that has been
presented orally. The Authority shall establish the deadline for submission of
the information.
(c) The
Authority shall send the results of the administrative review to the
participant involved in the review, within 30 calendar days of the conclusion
of the administrative review meeting, or such time as may be agreed to by the
participant or designated by the Authority.
(d) The Authority's final decision on
administrative review is the final decision on appeal and binding on the
parties. Under ORS 183.484, this decision is an
order in other than a contested case. ORS
183.484 and the procedures in
OAR 137-004-0080 to
137-004-0092 apply to the
Authority's final decision on administrative review.
(e) Academic institutions providing
admission-based scholarships may set penalties for default against the terms of
their program.
