Sec. 201. Program to increase number of graduate medical education residency positions of Department of Veterans Affairs
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The Secretary of Veterans Affairs shall conduct a program to increase the number of graduate medical education residency positions at covered facilities by not more than 1,500 positions through the payment of educational assistance to participants in the program. To participate in the program under this section, an individual shall submit to the Secretary an application for such participation together with an agreement described in subsection
(d)under which the individual agrees to serve a period of obligated service in the Veterans Health Administration as provided in the agreement in return for payment of educational assistance as provided in the agreement. An individual becomes a participant in the program under this section upon the approval by the Secretary of the application of the individual and the acceptance by the Secretary of an agreement described in subsection
(d)with respect to the individual. Upon the approval by the Secretary under paragraph
(1)of the participation of an individual in the program and the acceptance of an agreement described in subsection (d), the Secretary shall promptly notify the individual in writing of that approval and acceptance. An agreement between the Secretary and a participant in the program under this section shall be in writing and shall be signed by the participant containing such terms as the Secretary may specify. The Secretary may prescribe the conditions of employment of individuals participating in a medical residency under the program under this section, including necessary training, and the customary amount and terms of pay for such individuals during the period of such employment and training as a medical resident. Each participant in the program under this section shall serve as a full-time employee of the Department of Veterans Affairs for a period of obligated service provided in the agreement entered into by the participant under subsection (d). Service by a participant under paragraph
(1)shall be in the full-time clinical practice of the profession of the participant or in another health care position in an assignment or location determined by the Secretary. Not later than 60 days before the date of the beginning of the period of obligated service of a participant, the Secretary shall notify the participant of that date. A participant in the program under this section (other than a participant described in paragraph (2)) who fails to accept payment, or instructs the covered facility at which the participant is a medical resident not to accept payment, in whole or in part, of educational assistance under the agreement entered into under subsection
(d)shall be liable to the United States for liquidated damages in the amount of $1,500. Liability for liquidated damages under subparagraph
(A)is in addition to any period of obligated service or other obligation or liability under the agreement entered into under subsection (d). A participant in the program under this section shall be liable to the United States for the amount that has been paid to or on behalf of the participant under the agreement if any of the following occurs: The participant is dismissed from serving as a medical resident at a covered facility for disciplinary reasons. The participant voluntarily terminates service as a medical resident at a covered facility before completion of such service. The participant loses his or her license, registration, or certification to practice his or her health care profession in a State. Liability under subparagraph
(A)is in lieu of any period of obligated service under the agreement entered into under subsection (d). If a participant in the program under this section breaches the agreement under subsection
(d)by failing (for any reason) to complete the period of obligated service of the participant, the United States shall be entitled to recover from the participant an amount determined in accordance with the following formula: A = 3Φ(t − s/t). In the formula specified in subparagraph (A): A is the amount the United States is entitled to recover from the participant. Φ is the sum of— the amounts paid under this section to or on behalf of the participant; and the interest on such amounts which would be payable if at the time the amounts were paid they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States. t is the total number of months in the period of obligated service of the participant. s is the number of months of such period served by the participant. Any amount of damages that the United States is entitled to recover under this subsection shall be paid to the United States within the one-year period beginning on the date of the breach of the agreement under subsection (d). In this section, the term covered facilities means any of the following: A Department facility. A facility operated by an Indian tribe or a tribal organization, as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). A facility operated by the Indian Health Service. A Federally-qualified health center, as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) ). A community health center. A facility operated by the Department of Defense. Any other health care facility designated by the Secretary of Veterans Affairs.
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Sec. 201
Program to increase number of graduate medical education residency positions of Department of Veterans Affairs
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