Section 582.10  Definitions

 

"Accredited school" means a college or university in which a degree in allopathic medicine, osteopathic medicine, dentistry or an equivalent credential for a health program is earned and for which the Council for Higher Education Accreditation (www.chea.org) or its affiliates has determined that the school meets specific standards for its programs, faculty and curriculum.  A person who earns a degree from an unaccredited school is unable to participate in the State Loan Repayment Program.

 

"Administrative duties" means charting, research, attending meetings and other non-treatment activities pertaining to the health care professional's practice.

 

"Administrative law judge" shall have the meaning ascribed in the Department's Practice and Procedure in Administrative Hearings.

 

"Advanced practice registered nurse" or "APRN" means a person who has met the qualifications for a certified nurse midwife (CNM); certified nurse practitioner (CNP); certified registered nurse anesthetist (CRNA); or clinical nurse specialist (CNS) and has been licensed by the Illinois Department of Financial and Professional Regulation. (Section 50-10 of the Nurse Practice Act)

 

"Allopathic medicine" means the use of pharmacological agents or physical interventions to treat or suppress symptoms or processes of diseases or conditions.

 

"Applicant" means a health care professional or medical facility that applies for loan repayment assistance funds.

 

"Approved graduate training" means training in medicine, dentistry or other health professions that leads to eligibility for board certification, provides evidence of completion, is approved by the appropriate health care professional's body, and is in a specialty needed by the National Health Service Corps.

 

"Authorized representative" means a person who has authority to act on behalf of the applicant or grantee, including but not limited to the applicant's or grantee's attorney at law.  Authorized representatives are:  for a corporation, any of its officers or members of its board of directors; for a limited liability company, any of its managers or members; for a partnership, any of its general partners; and for a sole proprietor, the individual who is the sole proprietor.

 

"Board certified physician" means a physician who has passed a medical specialty examination and who has maintained certification of that specialty from a nationally recognized medical specialty board certification body.

 

"Board eligible physician" means a physician who has completed the requirements for admission to a medical specialty board examination but has not yet taken and passed the examination or a physician who had board certification but did not maintain that certification and must take a medical specialty board examination again.

 

"Breach of service obligation" means failure for any reason to begin or complete a contractual service commitment.

 

"Calendar day" means all days in a month or prescribed time frame.  It includes weekends and federal or State government declared holidays.

 

"Center" means the Center for Rural Health of the Illinois Department of Public Health.

 

"Certificate of Naturalization" means a document to prove that the person named in the certificate has obtained U.S. citizenship through naturalization.

 

"Certified local health department" means a county, multi-county, municipal or district public health agency recognized by the Department under the Certified Local Health Department Code.

 

"Certified Mail" means U.S. Mail for which proof of delivery is obtained.

 

"Children's Health Insurance Program" or "CHIP" means health coverage that is provided to eligible children, through the Illinois Department of Healthcare and Family Services.

 

"Commercial loans" means loans made by banks, credit unions, savings and loan associations, insurance companies, schools and other financial institutions.

 

"Committee" means the Advisory Committee for Residence Programs created by this Act. (Section 3.03 of the Underserved Health Care Provider Workforce Act)

 

"Community health center" or "CHC" means a migrant health center, community health center, health care program for the homeless or for residents of public housing supported under Section 330 of the federal Public Health Service Act, or FQHC, including FQHC Look-Alikes, as designated by the U.S. Department of Health and Human Services, that operate at least one federally designated primary health care delivery site in Illinois.

 

"Default" means failure to meet the legal obligations or conditions of a loan.

 

"Deferment" means the temporary delay or postponement of a health care professional’s service obligation.

 

"Department" means the Illinois Department of Public Health. (Section 3.01 of the Underserved Health Care Provider Workforce Act)

 

"Dentist" means a person licensed to practice dentistry under the Illinois Dental Practice Act.

 

"Direct patient care" means care of a patient provided by a health care professional.  It may involve any aspect of the health care of a patient, including diagnostic and treatment services; support services such as laboratory, radiologic, and pharmacy; counseling; in-service for self-care; patient education; and administration of medication.

 

"Director" means the Director of the Illinois Department of Public Health. (Section 3.02 of the Underserved Health Care Provider Workforce Act)

 

"Due diligence" means action taken toward the completion of a project with the diligence and foresight that persons of ordinary prudence and care would exercise under similar circumstances.

 

"Educational loan repayment award" or "award" means the amount of funding awarded to a health care professional based upon reasonable educational expenses, up to a maximum established by the program.

 

"Federally Qualified Health Center" or "FQHC" means a health center funded under section 330 of the Public Health Service Act.

 

"Federally Qualified Health Center Look-Alike" or "FQHC Look-Alike" means a health center that meets the requirements for receiving a grant under section 330 of the Public Health Service Act but does not receive funding under that authority.

 

"Fiscal year" means the financial operating year of Illinois State government.  It begins on July 1 and ends on June 30 of the next calendar year.

 

"Forbearance" means a postponement of loan payments by a lender for a temporary period of time to give the borrower time to make up for overdue payments.

 

"Full-time clinical practice" means working a minimum of 40 hours per week, for a minimum of 45 weeks per service year, at a medical facility in an HPSA in Illinois.

 

"Funding year" means the 12-month period beginning September 1 and ending on August 31 of the following year.

 

"Grantor agency" means any agency of State government which dispenses grant funds. (Section 2(a) of the Illinois Grant Funds Recovery Act)

 

"Grant funds" means public funds dispensed by the Department to any person or entity for obligation, expenditures or use for a specific purpose. (Section 2(b) of the Illinois Grant Funds Recovery Act)

 

"Government loans" means loans made by federal, State, county or city agencies authorized to make those loans.

 

"Half-time clinical practice" means working a minimum of 20 hours per week but no more than 39 hours per week, for a minimum of 45 weeks per service year, at a medical facility in an HPSA in Illinois.

 

"Health care professional" means, but is not limited to, a physician, physician assistant, advanced practice registered nurse, or dentist who receives loan repayment assistance.

 

"Health professional shortage area" or "HPSA" means a designation from the U.S. Department of Health and Human Services, Health Resources and Services Administration that indicates the shortage of primary medical care, dental or mental health providers.  The HPSA designation may be geographic (a county or service area), population group (low income, Medicaid eligible) or facility (comprehensive health center, FQHC or other public facility).  HPSA designations can be found at http://hpsafind.hrsa.gov/.

 

"Health professional shortage area score" or "HPSA score" means the HPSA shortage severity score calculated by the U.S. Department of Health and Human Services that is assigned to areas or facilities having a health professional shortage designation to determine priorities for assignment of clinicians.

 

"Illinois resident" means a person who is a resident of Illinois at the time of application for educational loan repayment assistance and who is a citizen of the United States.

 

"Judgment lien" means a court ruling that gives a creditor the right to take possession of a debtor's real property if the debtor has not fulfilled a contractual obligation.

 

"Lender" means the commercial or government entity that made the qualifying loan.

 

"Loan repayment agreement" or "agreement" means the written instrument defining a legal relationship entered into between the Department and a recipient.

 

"Loan repayment award" or "award" means the amount of funding awarded to a recipient based upon his/her reasonable educational expenses, up to a maximum established by the program.

 

"Medicaid" means a federal and state-funded health insurance program for low-income individuals and families.

 

"Medical facility" means a facility for the delivery of health services and includes a hospital, State mental health institution, public health center, outpatient medical facility, rehabilitation facility, long term care facility, community mental health center, migrant health center, a community health center, or a State correctional institution. (Section 3.08 of the Underserved Health Care Provider Workforce Act.

 

"Medicare" means the federal government's health insurance program for:  people who are 65 or older; certain younger people with disabilities; and people with End-Stage Renal Disease.

 

"Metropolitan Statistical Area" or "MSA" means one or more adjacent counties that have at least one urban core area of at least 50,000 in population, plus adjacent territory that has a high degree of social and economic integration with the core as measured by commuting ties.

 

"National Health Service Corps" or "NHSC" means the program within the U.S. Department of Health and Human Services to address health professional shortages in HPSAs through the assignment of clinicians to provide primary health services.

 

"Not-for-profit corporation" means a corporation subject to the General Not for Profit Corporation Act of 1986. (Section 101.80(m) of the General Not For Profit Corporation Act of 1986)

 

"Null and void" means that a loan repayment application submitted to the Department has no legal force and is invalid.

 

"On call" means a referring status in which a physician can be reached and arrive at a hospital within 30 minutes after being paged.

 

"Osteopathic medicine" means medical practice based on the theory that diseases are due to loss of structural integrity, which can be restored by manipulation of the parts, supplemented by therapeutic measures.

 

"Physician" means a person licensed to practice medicine in all of its branches under the Medical Practice Act of 1987.

 

"Physician assistant" means an individual licensed under the Physician Assistant Practice Act of 1987.

 

"Primary care" means health care that encompasses prevention services, basic diagnostic and treatment services, and support services, including laboratory, radiology, and pharmacy.

 

"Primary care physician" means a person licensed to practice medicine in all its branches in Illinois under the Medical Practice Act of 1987 with a specialty in Family Practice, Internal Medicine, Obstetrics and Gynecology, Pediatrics, geriatrics, or hospital medicine as defined by recognized standards of professional medical practice. (Section 3.05 of the Underserved Health Care Provider Workforce Act) "Primary care physician" includes a general internist, family physician, or general pediatrician. (Section 3.10 of the Underserved Health Care Provider Workforce Act)

 

"Primary health services" means health services regarding family medicine, internal medicine, pediatrics, obstetrics/gynecology, dentistry or mental health that are provided by physicians or other health care professionals.

 

"Psychiatrist" means a physician licensed to practice medicine in Illinois under the Medical Practice Act of 1987 who has successfully completed an accredited residency program in psychiatry.

 

"Public facility" means any facility, including, but not limited to, buildings, property, recreation areas, and roads, which are owned, leased, or otherwise operated, or funded by a governmental body or public entity.

 

"Qualifying loan" means government or commercial loans used for tuition and reasonable educational and living expenses related to undergraduate or graduate education that were obtained by the recipient prior to his/her application for loan repayment.  These loans shall be contemporaneous with the education received.

 

"Reasonable educational expenses" means costs for education, exclusive of tuition.  These costs include, but are not limited to, fees, books, supplies, clinical travel, educational equipment, materials, board certification or licensing examinations.  These costs shall not exceed the estimated standard budget for expenses for the degree program and for the years of enrollment.

 

"Reasonable living expenses" means room and board, transportation and commuting costs.  These expenses shall not exceed the estimated standard budget for the recipient's degree program and for the years of enrollment.

 

"Recipient" means a health care professional or medical facility that may use loan repayment funds.

 

"Rural" means any geographic area not located in an MSA; or a county located in an MSA but having a population of 60,000 or less; or a community located within an MSA but having a population of 2,500 or less.

 

"Rural health clinic" means a facility certified by the U.S. Department of Health and Human Services that receives special Medicare or Medicaid reimbursement. 

 

"Service obligation" means a health care professional who practices full-time or half-time at a medical facility in an HPSA in Illinois.

 

"SLRP" means the State Loan Repayment Program created by this Part.

 

"State" means the State of Illinois.

 

"Submission of application" means an educational loan repayment application has been received by the Department by the established deadline.  Submission does not mean that the application is postmarked by the established submission deadline but arrives at the Department on a later date.

 

"Suspension" means an action by the Department to suspend a recipient's participation in Department grant and loan repayment programs for a specified period of time.

 

"Teaching" means providing clinical education to students or residents in their area of expertise at a medical facility.

 

"Termination for cause" means termination of employment caused by the individual's dishonesty, willful misconduct, breach of fiduciary duty, intentional failure to perform stated duties, or willful violation of any law, rule or regulation (other than minor traffic violations or similar offenses).

 

"Termination without cause" means termination of the individual's employment for the convenience of the employer.

 

"Toll" or "Tolling" means to delay or postpone an obligation for a specific time period.

 

"Total and permanent disability" means a physical or mental impairment, disease, or loss of a permanent nature that prevents employment with or without reasonable accommodation.

 

"United States citizen" means an individual born in the United States; Puerto Rico on or after April 11, 1899; Canal Zone of the Republic of Panama on or after February 26, 1904; Virgin Islands on or after January 17, 1917; Guam born after April 11, 1899; or Commonwealth of the Northern Mariana Islands (CNMI) on or after November 4, 1986; foreign-born children, under age 18, residing in the U.S. with their birth or adoptive parents, at least one of whom is a U.S. citizen by birth or naturalization; and individuals granted citizenship status by the U.S. Department of Homeland Security, Customs and Immigration Service. (See, https://www.uscis.gov/policy-manual/volume-12-part-a-chapter-2; https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5)

 

"Unencumbered license" means a license issued in good standing that is free of disciplinary limitations.

 

"Urban" means any geographic area that does not meet this Section's definition of "rural".

 

"Waiver" means to permanently relieve a health care professional's service obligation, expressly put forth in writing.

 

(Source:  Amended at 47 Ill. Reg. 13300, effective August 29, 2023)

 

Section 582.20  Incorporated and Referenced Materials

 

a)         The following materials are referenced in this Part:

 

1)         Illinois Statutes:

 

A)        Illinois Grant Funds Recovery Act [30 ILCS 705]

 

B)        Medical Practice Act of 1987 [225 ILCS 60]

 

C)        Freedom of Information Act [5 ILCS 140]

 

D)        Physician Assistant Practice Act of 1987 [225 ILCS 95]

 

E)        Illinois Dental Practice Act [225 ILCS 25]

 

F)         Nurse Practice Act [225 ILCS 65]

 

G)        State Comptroller Act [15 ILCS 405]

 

H)        Underserved Health Care Provider Workforce Act [110 ILCS 935]

 

I)         Illinois Administrative Review Law [735 ILCS 5/Art. III]

 

J)         General Not For Profit Corporation Act of 1986 [805 ILCS 105]

 

2)         Illinois Administrative Rules:

 

A)        Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100)

 

B)        Certified Local Health Department Code (77 Ill. Adm. Code 600)

 

3)         Federal Statute:  Sections 331(i), 338B, and 751 of the Public Health Service Act (42 U.S.C. 254d(i), 254L-1, and 294t)

 

b)         The following materials are incorporated by reference in this Part:

 

Federal Regulation:  National Health Service Corps Scholarship and Loan Repayment Program (42 CFR 62) (October 1, 2021); available at https://www.govinfo.gov/content/pkg/CFR-2021-title42-vol1/pdf/CFR-2021-title42-vol1-part62.pdf

 

c)         Federal regulations incorporated by reference in this Part are incorporated on the date specified and do not include any subsequent amendments or editions.

 

(Source:  Amended at 47 Ill. Reg. 13300, effective August 29, 2023)

 

Section 582.30  Administrative Hearings

 

Administrative hearings conducted by the Department concerning the provisions of this Part shall be governed by the Department's Practice and Procedure in Administrative Hearings.

 

Section 582.40  Freedom of Information

 

The provisions of the Freedom of Information Act shall apply to this Part.

SUBPART B: STATE LOAN REPAYMENT PROGRAM

 

Section 582.100  Eligibility Requirements

 

A medical facility or a health care professional may apply to the Department for loan repayment assistance.

 

a)         If the medical facility is the applicant, the medical facility shall forward the loan repayment funds to the health care professional employed by the medical facility to pay educational debt.

 

b)         To be eligible for this program, the medical facility shall:

 

1)         Be located in an HPSA in Illinois;

 

2)         Be a not-for-profit corporation or public facility;

 

3)         Participate as a provider in the Medicare, Medicaid and Children's Health Insurance Programs, as appropriate;

 

4)         See and treat all patients regardless of the patient's ability to pay for services; and

 

5)         Provide discounts for individuals with limited incomes.

 

c)         If the health care professional is the applicant, the individual shall:

 

1)         Either:

 

A)        Be working at a medical facility in an HPSA in Illinois; or

 

B)        Have accepted an offer of employment at a medical facility in an HPSA in Illinois and will begin employment at that site within 60 calendar days after the submission of the application;

 

2)         Have a degree in allopathic or osteopathic medicine or dentistry or other eligible health profession from an accredited school; have completed an approved graduate training program; and have a current, valid and unencumbered license to practice the health profession in Illinois;

 

3)         Participate as a provider in the Medicare, Medicaid and Children's Health Insurance Programs, as appropriate;

 

4)         Agree to see and treat all patients at the medical facility regardless of the patient's ability to pay for services;

 

5)         Apply to participate in the loan repayment program;

 

6)         Not be in breach of a health professional service obligation to the federal, State or local government;

 

7)         Not have any judgment liens arising from federal debt;

 

8)         Not be excluded, suspended or disqualified by a federal agency;

 

9)         Sign a written agreement attesting to accepting repayment of health professional educational loans and to serve for the applicable period of obligated service in a medical facility in an HPSA in Illinois; and

 

10)        Be a U.S. citizen.

 

d)       Individuals who owe an obligation for health professional service to the federal government or to the State or other entity under an agreement with the federal, State or other entity are ineligible for this program unless the obligation will be completely satisfied prior to the beginning of the service obligation under this Part.

 

e)        Individuals who are in a reserve component of the U.S. Armed Forces are eligible to participate in the program.  These individuals shall note the following:

 

1)         Service performed for military training by a health care professional will not satisfy the service obligation commitment.  If a health care professional's military training or service, in combination with the health care professional's absence from the medical facility, will exceed seven weeks per service year, the health care professional shall request a deferment of his/her obligation (see Section 582.130(a)(3)).

 

2)         A health care professional who receives a deferment shall have his or her service obligation tolled.  The tolling of this requirement shall equal the health care professional’s period of deferment.

 

3)         If deployed, the health care professional shall return to the medical facility where he/she served prior to deployment.  If unable to return to the original medical facility, the health care professional shall request a transfer to another medical facility (see Section 582.140).  If the health care professional does not obtain a transfer, he/she shall resume work at the original medical facility.  If the health care professional does not obtain a transfer and refuses to return to the medical facility or accept assignment to another medical facility, he/she will be in breach of the service obligation (see Section 582.160).

 

f)         Health care professionals will not be accepted into the loan repayment program if one or more of the following exist:

 

1)         Breach on a prior service obligation to the federal, State or local government, or other entity, even if the health care professional has satisfied the obligation through service, monetary payment or other means;

 

2)         Failure to apply previously awarded loan repayment funds to the health care professional's qualifying educational loans;

 

3)         Default on any federal payment obligation, federal income tax liability, federally guaranteed/insured loans or non-federal payment obligation;

 

4)         Default on any State payment obligation or State income tax liability; or

 

5)         Write off of any federal or non-federal debt as uncollectible, or waiver of any federal service or payment obligation.

 

g)         Health care professionals shall demonstrate satisfactory professional competence and meet discipline and specialty-specific education, training and licensure requirements.

 

1)         Physicians shall:

 

A)        Either:

 

i)          Have certification in a primary care specialty from a specialty board approved by the American Board of Medical Specialties or the American Osteopathic Association; or

 

ii)         Have completed a residency program in a primary care specialty, approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association; and

 

B)        Be licensed in Illinois as a physician under the Medical Practice Act of 1987.

 

2)         Physician Assistants shall:

 

A)        Have a degree from a physician assistant educational program accredited by the Accreditation Review Commission on Education for the Physician Assistant at a college, university or educational institution that is accredited by the U.S. Department of Education and a nationally recognized accrediting body or organization; and

 

B)        Be licensed in Illinois as a physician assistant under the Physician Assistant Practice Act of 1987.

 

3)         Advanced Practice Registered Nurses

 

A)        Certified nurse practitioners shall:

 

i)          Have a master's degree, post-master's certificate or doctoral degree from a school accredited by the National League for Nursing Accrediting Commission or the Commission on Collegiate Nursing Education; and

 

ii)         Be licensed in Illinois as an advanced practice registered nurse under the Nurse Practice Act.

 

B)        Certified nurse midwives shall:

 

i)          Have a master's degree or post-baccalaureate certificate from a school accredited by the American College of Nurse Midwives; and

 

ii)         Be licensed in Illinois as an advanced practice nurse under the Nurse Practice Act.

 

4)         Dentists

 

A)        Dentists shall:

 

i)          Have a Doctor of Dental Surgery or Doctor of Dental Medicine degree from a program accredited by the American Dental Association;

 

ii)         Be licensed in Illinois as a dentist under the Illinois Dental Practice Act; and

 

iii)        Work at a medical facility that is in a Dental HPSA in Illinois.

 

B)        A dentist whose practice is limited to pediatric patients shall meet the requirements of this subsection (g)(4) and also document completion of a two-year training program in pediatric dentistry accredited by the American Dental Association.

 

5)         Psychiatrists

 

A)        Psychiatrists shall:

 

i)          Have a certification in psychiatry from a specialty board approved by the American Board of Medical Specialties or the American Osteopathic Association; or

 

ii)         Have completed a residency program in psychiatry, approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association; and

 

iii)        Be licensed in Illinois as a physician under the Medical Practice Act of 1987; and

 

B)        Work at a medical facility that is in a Mental Health HPSA in Illinois.

 

(Source:  Amended at 47 Ill. Reg. 13300, effective August 29, 2023)

 

Section 582.105  Use of Funds

 

a)         Loan repayment funds shall be used:

 

1)         To repay qualifying educational loans of health care professionals who agree to serve in HPSAs for a specified period of time;

 

2)         For educational loans that were obtained prior to the date the recipient submits an application for loan repayment assistance;

 

3)         To retire qualifying educational loans if the loans are the result of consolidated or refinanced debt.  To qualify, the consolidated or refinanced loans shall:

 

A)        Be from a government (federal, State or local) or commercial lender; and

 

B)        Include only qualifying educational loans of the health care professional.

 

b)         Loan repayment funds shall not be used:

 

1)         To repay a practice obligation resulting from educational loans or scholarships, whether from Illinois-based institutions or governments or those in other states;

 

2)         To fulfill practice obligations to the federal government or the State or other entity under an agreement with the federal, State or other entity; or

 

3)         To retire qualifying educational loans if the consolidated or refinanced debt is:

 

A)        Commingled with non-qualifying debt; or

 

B)        Consolidated with loans owed by another person, such as a spouse or child.

 

c)         The following types of debt are ineligible for loan repayment assistance through this Part:

 

1)         Loans for which the associated documentation does not identify the loan as applicable to undergraduate or graduate education;

 

2)         Loans not obtained from a government entity or commercial lending institution;

 

3)         Parent PLUS loans;

 

4)         Co-signed loans;

 

5)         Loans currently in default;

 

6)         Loans currently in forbearance;

 

7)         Personal lines of credit;

 

8)         Residency relocation loans; and

 

9)         Credit card debt.

 

d)         Loan repayment funds cannot be used by the recipient to reimburse himself or herself for loans that have been repaid.

 

e)         Under the provisions of the federal Treasury Offset Program and the State Comptroller Act, recipients will have their loan repayment assistance funds offset to fulfill a delinquent federal or State debt.  The offset of loan repayment assistance funds will not reduce, waive or suspend a recipient's service obligation under this Part.

 

Section 582.110  Application Procedure

 

a)         Any person or organization, public or private, desiring to receive loan repayment funds, must submit an application to the Department.  Applications for loan funds shall be made on prescribed forms developed by the Department.  (Section 4(a) of the Illinois Grant Funds Recovery Act)  Applications can be submitted at:

https://idph.illinois.gov/nespmis/SLRPInformation/Show-SLRPInformation.aspx.

 

b)         The following are eligible to apply for loan repayment assistance:

 

1)         A health care professional or one who can be expected to be licensed in Illinois and who intends to practice in a medical facility in an HPSA in Illinois; or

 

2)         A medical facility that is located in an HPSA in Illinois.  If loan repayment funds are awarded to the medical facility, it shall forward those funds to the health care professional employed at the medical facility to pay educational debt.

 

c)         Completed applications shall be submitted to the Department.

 

d)         Health care professionals shall document current educational loan debt owed to a governmental or commercial lending institution incurred for expenses in pursuit of the applicant's medical, dental or other health care professional degree.  For each loan that is being submitted for consideration, the applicant shall provide an account statement, which provides current information on a qualifying educational loan.  The account statement must:

 

1)         Be on official letterhead or other clear verification that it came from the lender;

 

2)         Include the name of the borrower;

 

3)         Include the date of the statement (date cannot be more than 30 calendar days from the date of application submission); and

 

4)         Include the current outstanding balance (principal and interest) or the current payoff balance.

 

e)         Health care professionals not yet in practice, or not yet in practice at a medical facility in an HPSA in Illinois, shall document intent to practice in an HPSA by written confirmation from the medical facility within the HPSA.

 

f)         If an applicant intends to work at more than one medical facility (e.g., several satellite clinics), each location shall be in an HPSA in Illinois.

 

g)         If an applicant intends to work for more than one employer, each employers' medical facility shall be in an HPSA in Illinois.

 

h)         The medical facility shall agree to employ the health care professional for a minimum of two years and shall document a willingness to pay up to 50% of the health care professional's loan repayment award.

 

i)          The medical facility shall provide a written statement that the salary offered to the health care professional is at a level equivalent to that offered to other health care professionals with equivalent skills and experience recruited by the medical facility.

 

j)          The medical facility shall provide a written statement attesting that loan repayment funds will not be used as a salary offset to the health care professional.

 

(Source:  Amended at 47 Ill. Reg. 13300, effective August 29, 2023)

 

Section 582.115  Application Review Process

 

a)         The Department will perform a technical review to ensure that all required materials are submitted and comply with submission requirements.  During the review, the Department may contact the applicant for additional information.

 

b)         In determining which applications will be accepted, the Department will apply the following criteria (if the applicant is a medical facility, it shall provide this information on behalf of the health care professional):

 

1)         Applicant Criteria

 

A)        A current recipient of loan repayment assistance will receive priority for a new award if the recipient continues to meet all of the applicable criteria in Sections 582.100, 582.110, 582.125, 582.145 and 582.150;

 

B)        The extent to which an individual's training is in a health profession or specialty determined by the Department to be needed in Illinois;

 

C)        The individual's commitment to serve in a medical facility in an HPSA in Illinois;

 

D)        The availability of the individual for service, with highest consideration given to individuals who will be available for service at the earliest date; and

 

E)        The length of the individual's proposed service obligation, with greatest consideration given to persons who agree to serve for longer periods of time.

 

2)         When all other selection criteria are essentially equal among a group of applicants, preference will be given to the applicant with the greater educational indebtedness.

 

c)         The Department will not accept more than two complete applications from a medical facility in a funding year.

 

d)         Applicants will be notified as to whether the application is approved or denied.  The notice will be made by regular mail or other communication.

 

e)         If the amount of funds available is insufficient to award the maximum amount of loan repayment funds requested to each approved applicant, the Department may divide the funds equally among the qualified applicants; rank order the applicants and prorate the award of funds based on the rank order; or choose another method of allocating funds.  In determining how to award funds, the Department will consider, but is not limited to, the amount of funds available, the number of approved applicants, the requirements of the program, and statutory requirements.

 

f)         No more than 50% of an SLRP award may come from federal sources.  The remainder of funds for an SLRP award may come from the Department, the medical facility or other non-federal sources.

 

(Source:  Amended at 47 Ill. Reg. 13300, effective August 29, 2023)

 

Section 582.120  Loan Repayment Agreement

 

a)         The loan repayment award to a recipient will not be final until the recipient and the Department have executed a loan repayment agreement setting forth the terms and conditions of the agreement, using the form prescribed by the Department.  The Department will retract the loan repayment award if a consensus cannot be reached on the terms of the agreement.

 

b)         Pursuant to the Illinois Grant Funds Recovery Act, the agreement shall, at a minimum:

 

1)         Describe the purpose of the award and be signed by the Department and the recipient;

 

2)         Specify how payments shall be made, what constitutes permissible expenditure of award funds, and the financial controls applicable to the award, including, for those awards in excess of $25,000, the filing of quarterly reports describing the recipient's progress in the program, project, or use and the expenditure of the award funds related to the program, project or use;

 

3)         Specify the period of time for which the award is valid and the period of time during which award funds may be expended by the recipient;

 

4)         Contain a provision that any recipients receiving award funds are required to permit the Department, the Auditor General or the Attorney General to inspect and audit any books, records or papers related to the program, project, or use for which award funds are provided;

 

5)         Contain a provision in which the recipient certifies under oath that all information in the loan repayment agreement is true and correct to the best of the recipient's knowledge, information and belief; that all funds shall be used only for the purposes described in the loan repayment agreement; and that the award of loan repayment funds is conditioned upon the certification. (Section 4(b) of the Illinois Grant Funds Recovery Act)

 

c)         The amount of a loan repayment award shall be based on the following:

 

1)         If the health care professional works full-time at a medical facility for an initial two-year period, the health care professional can receive up to $50,000 if the health care professional has that amount in educational debt;

 

2)         If the health care professional works the initial four-year half-time option at a medical facility, the health care professional can receive up to $50,000 if the health care professional has that amount in educational debt;

 

3)         If the health care professional works full-time for one year (after completion of the initial agreement), the health care professional can receive up to $20,000 if the health care professional has that amount of educational debt.

 

d)         Awards may be issued for an additional period of time based upon successful completion of the initial agreement.

 

(Source:  Amended at 47 Ill. Reg. 13300, effective August 29, 2023)

 

Section 582.125  Service Obligation Fulfillment

 

In exchange for loan repayment assistance, health care professionals shall fulfill a service obligation at a medical facility in an HPSA in Illinois.

 

a)         Full-time Service Obligation Option

Health care professionals shall provide two years of full-time service.  The 40 hours per week requirement can be compressed into no fewer than four days per week, with no more than 12 hours of work performed in a 24-hour period.  Health care professionals will not receive service credit for hours worked over the required 40 hours per week, and excess hours cannot be applied to any other work week.  Time spent on call will not count toward the service requirement.  Service obligation is fulfilled through the following:

 

1)         For all health care professionals except those noted in subsection (a)(2):

 

A)        At least 32 hours per week shall be spent providing direct patient care during normal scheduled office hours.

 

B)        The remaining eight hours shall be spent providing clinical services for patients, teaching, providing clinical services in alternative settings (e.g., hospitals, nursing homes, shelters), or performing administrative duties.

 

2)         For physicians practicing obstetrics/gynecology, family medicine physicians who practice obstetrics on a regular basis, and pediatric dentists:

 

A)        At least 21 hours per week shall be spent providing direct patient care during normal scheduled office hours.

 

B)        The remaining 19 hours per week shall be spent providing clinical services for patients, teaching, providing clinical services in alternative settings (e.g., hospitals, nursing homes, shelters), or performing administrative duties.

 

C)        Administrative duties shall not exceed eight hours per week.

 

b)         Half-time Service Obligation Option

 

1)         Half-time clinical practice means that a health care professional works a minimum of 20 hours per week (not to exceed 39 hours per week), for a minimum of 45 weeks per year.  Health care professionals shall provide four years of part-time service.  The 20 hours per week requirement can be compressed into no fewer than two workdays per week, with no more than 12 hours of work performed in any 24-hour period.  Health care professionals shall not receive service credit for hours worked over the required 20 hours per week, and excess hours shall not be applied to any other week.  Full-time work performed shall not change the health care professional's half-time status and shall not entitle the health care professional to full-time service credit.  Time spent on call shall not count toward the service requirement.  Service obligation is fulfilled through the following:

 

A)        For all health care professionals except those noted in subsection (b)(2):

 

i)          At least 16 hours per week shall be spent providing direct patient care during normal scheduled office hours.

 

ii)         The remaining four hours per week shall be spent providing clinical services for patients, providing clinical services in alternative settings (e.g., hospitals, nursing homes, shelters), or performing administrative duties.

 

B)        For physicians practicing obstetrics/gynecology, family medicine physicians who practice obstetrics on a regular basis, certified nurse midwives and pediatric dentists:

 

i)          At least 11 hours per week shall be spent providing direct patient care during normal scheduled office hours.

 

ii)         The remaining nine hours per week shall be spent providing clinical services for patients, providing clinical services in alternative settings (e.g., hospitals, nursing homes, shelters), or performing administrative duties.

 

iii)        Administrative duties shall not exceed four hours per week.

 

c)         Conversion of Clinical Practice Status

 

1)         A health care professional may convert from full-time to half-time status if the following are met:

 

A)        The health care professional notifies the Department in writing of the request;

 

B)        The medical facility agrees in writing that the health care professional may change to half-time clinical practice; and

 

C)        The health care professional agrees in writing (by signing an amendment to the agreement) to complete the remaining service obligation through half-time practice for twice as long as the remaining full-time commitment.

 

2)         A health care professional shall not convert from half-time to full-time status.  However, a health care professional may enter into a new full-time agreement if the following are met:

 

A)        The health care professional has completed the initial four-year half-time agreement and any continuation agreement;

 

B)        The medical facility agrees in writing that the health care professional will work a full-time clinical practice; and

 

C)        The recipient signs a new agreement, agreeing to perform one year of full-time clinical practice at the medical facility.

 

3)         A health care professional will not be allowed to enter into a new full-time agreement within a contract period.

 

d)         To initiate the service obligation, the recipient and Department will enter into a loan repayment agreement.  Service credit begins upon the beginning date of the agreement term or the date service starts, whichever is later.  Health care professionals will not receive service credit for any employment at a medical facility prior to the beginning date of the terms in the agreement.

 

e)         A health care professional may be eligible to receive loan repayment assistance beyond the initial agreement and pay off all qualifying educational loans.  To remain eligible, the health care professional shall:

 

1)         Have unpaid qualifying educational loans;

 

2)         Have applied all previously received loan repayment assistance funds to reduce his/her qualifying educational loans;

 

3)         Continue to serve at a medical facility in an HPSA in Illinois; and

 

4)         Continue to meet all applicable program eligibility criteria in effect at the time the health care professional is being considered for continuation.

 

(Source:  Amended at 47 Ill. Reg. 13300, effective August 29, 2023)

 

Section 582.130  Service Obligation Deferment

 

A deferment temporarily relieves the health care professional of the service commitment but shall not permanently alleviate the health care professional's service obligation.

 

a)         Deferment requests shall be submitted in writing to the Department.  The request shall detail the reasons for and duration of the deferment.  Deferment requests shall be accompanied and supported by documentation as described in this subsection (a).

 

1)         A deferment may be granted for up to one year, if the health care professional provides independent medical documentation of a physical or mental health disability that results in the health care professional's temporary inability to fulfill his/her service obligation.  Independent medical documentation shall include a letter from a licensed health care professional fully explaining and attesting to the health care professional's temporary inability to fulfill the service obligation.

 

2)         A deferment may be granted for up to 12 weeks for maternity, paternity or adoption leave.  If the health care professional's leave will exceed 12 weeks, a deferment may be granted based on documented medical need.

 

3)         Health care professionals who are military reservists and are called to active duty will be granted a deferment beginning on the activation date in the active duty order.  The health care professional shall submit a copy of the order to active duty with the written request for deferment.  The period of active military duty will not be credited toward the health care professional's service obligation.

 

b)         A health care professional who receives a deferment shall have his or her service obligation tolled.  The tolling of this requirement shall equal the health care professional’s period of deferment.

 

c)         The agreement will be amended accordingly to incorporate the new extended service commitment end date.

 

d)         If the deferment request is denied, the health care professional shall fulfill the service obligation as stipulated in the agreement and in this Part.

 

(Source:  Amended at 47 Ill. Reg. 13300, effective August 29, 2023)

 

Section 582.135  Service Obligation Waiver

 

Waiver of the service obligation requirement permanently relieves the health care professional of all or part of the service obligation.  Waiver requests shall be submitted in writing to the Department.  The request shall detail the reasons for the waiver request and shall be accompanied and supported by documentation as described in this Section.

 

a)         Reasons for a waiver request must be based upon the health care professional's:

 

1)         Total and permanent disability;

 

2)         Incompetency; or

 

3)         Death.

 

b)         If a waiver is requested because of total and permanent disability, documentation from a physician licensed to practice medicine in the United States is required.  Additionally, the proof of disability shall include documentation from:

 

1)         The Social Security Administration;

 

2)         The Illinois Workers' Compensation Commission;

 

3)         The U.S. Department of Defense; or

 

4)         An insurer authorized to transact business in Illinois who is providing disability insurance coverage.

 

c)         If a waiver request for total and permanent disability is approved, the Department will notify the health care professional in writing that the service obligation is waived, that the health care professional is discharged from all obligations to the Department in connection with this Part, and that the health care professional is ineligible to participate in the program in the future (see Section 582.100(f)(5)).

 

d)         If the waiver is requested because the health care professional has been adjudicated as incompetent, the request shall be supported by a certified copy of the adjudication from a State or federal court of law.

 

e)         If a waiver request for incompetency is approved, the Department will notify the health care professional's legal guardian in writing that the service obligation is waived, that the health care professional is discharged from all obligations to the Department in connection with this Part, and that the health care professional is ineligible to participate in the program in the future (see Section 582.100(f)(5)).

 

f)         If the waiver request is submitted based on disability or incompetency and the request is denied by the Department, the health care professional shall fulfill the service obligation as stipulated in the agreement and in this Part.

 

g)         If the waiver is requested because of the health care professional's death, the request shall be supported by a certified copy of the health care professional's death certificate.

 

h)         The Department shall not initiate a claim for repayment against a health care professional who is deemed permanently disabled or incompetent nor against the estate of a decedent if the request is in full compliance with this Section.

 

(Source:  Amended at 47 Ill. Reg. 13300, effective August 29, 2023)

 

Section 582.140  Medical Facility Transfer

 

A health care professional may transfer from the medical facility stipulated in the agreement to a new medical facility, provided that the requirements in this Section are met.

 

a)         The health care professional shall request a transfer in writing to the Department.  The request must be approved before the health care professional transfers to the new site.  The request shall be submitted to the Department at least 30 calendar days prior to the anticipated transfer.

 

b)         If a health care professional transfers from the medical facility stipulated in the agreement to a new medical facility prior to Department approval, the health care professional will not receive credit toward their service obligation for the time period between the transfer and the subsequent approval.  The health care professional’s service obligation will be tolled to accommodate this time period.

 

c)         The new medical facility shall be in an HPSA in Illinois.

 

d)         If the transfer request is denied, the health care professional shall continue to work at the original medical facility.

 

e)         If the transfer request is denied and the health care professional refuses assignment to his/her current medical facility or to another approved medical facility, the health care professional shall be in breach.

 

f)         A health care professional who resigns from his/her current medical facility without prior approval from the Department or is terminated by the medical facility for cause shall not receive a transfer to another medical facility and shall be in breach.

 

(Source:  Amended at 47 Ill. Reg. 13300, effective August 29, 2023)

 

Section 582.145  Reporting Requirements

 

Failure of the health care professional to comply with the requirements of this Section shall result in the Department's withholding or suspending loan repayment funds and recovery of previously disbursed loan repayment funds (see Section 4.1 of the Illinois Grant Funds Recovery Act).

 

a)         The health care professional shall submit a written progress report (at a minimum) to the Department every three months for the duration of the agreement.

 

b)         For the progress report, the health care professional shall document that:

 

1)         Funds were used to pay off educational debt (documentation shall consist of copies of payments made to the lending institution where the qualifying educational loans were obtained or copies of account statements that document payments made during the reporting period); and

 

2)         The health care professional is still working (full-time or half-time as applicable) at the medical facility, by reporting the hours worked at the medical facility.

 

c)         The payment history shall document that all loan repayment funds received were paid toward the qualifying educational loan.

 

d)         Non-compliance by the provider with Department reporting requirements will be shared with the medical facility.  The medical facility is required to withhold the non-federal share of the loan repayment until the reporting requirements of the Department have been satisfied.

 

e)         If the Department determines that all loan repayment funds were not paid toward the qualifying educational loan, the Department may either place the recipient on a corrective action plan and hold the processing of vouchers until the issue is resolved, or terminate the agreement and take any appropriate or necessary action to recover loan repayment funds.

 

Section 582.150  Loan Repayment Award Monitoring

 

a)         Agreements will be monitored throughout the agreement period.  Components in the monitoring process include, but are not limited to, the agreement; the health care professional's financial reports; the health care professional's or medical facility's progress reports; correspondence, e-mails and telephone calls concerning the agreement; and site visits.

 

b)         The health care professional and medical facility shall cooperate with the Department's efforts to monitor and verify compliance with the agreement, including providing supporting documentation.  The health care professional and medical facility shall retain all records relating to the agreement until after all final reports have been submitted to the Department and have been reviewed.

 

c)         Health care professionals and medical facilities shall maintain the processes necessary to monitor their compliance, take appropriate action to meet the stated objectives, and notify the Department of any breaches of the agreement or of problems or concerns.

 

d)         Health care professionals and medical facilities shall be subject to on-site visits by the Department during normal business hours.  Health care professionals and medical facilities shall provide, upon request, copies of all documents concerning the expenditure of loan repayment funds.

 

e)         The Department will relay any questions and concerns regarding management of loan repayment funds to the health care professional or medical facility in writing.  The health care professional or medical facility will be requested to respond in writing addressing the concerns.  If the Department's concerns are not satisfied, a financial review or audit will be conducted.

 

f)         If the Department finds evidence of financial mismanagement, depending on the severity of the situation, the amount of money involved, and the recipient's ability to clarify the situation, the Department may hold the processing of vouchers until the issue is resolved, or terminate the agreement and take any appropriate or necessary action to recover loan repayment funds.

 

(Source:  Amended at 47 Ill. Reg. 13300, effective August 29, 2023)

 

Section 582.155  Cooperation with Investigations and Audits

 

Recipients shall cooperate with all investigations and audits of the use of loan repayment funds.  Recipients shall provide the Department with unrestricted access to the recipient's records, files and activities during normal business hours.  A failure to cooperate shall create a presumption that loan repayment funds have not been spent in accordance with the agreement and the grounds for immediate suspension or termination of any agreement and the recovery of loan repayment funds.

 

Section 582.160  Penalty for Failure to Fulfill Service Obligation

 

a)         If the health care professional fails to fulfill his/her obligation to provide service at the medical facility in an HPSA in Illinois for the duration specified in the agreement, the health care professional shall be in breach of the loan repayment agreement.

 

b)         Breach shall include, but not be limited to, the following:

 

1)         Failure to practice at the location specified in the agreement;

 

2)         Resignation from the health care professional's current site without prior approval from the Department (see Section 582.140(f));

 

3)         The health care professional's termination by the medical facility for cause;

 

4)         Any material misstatement in furnishing information to the Department;

 

5)         Any misrepresentation for the purpose of obtaining loan repayment assistance;

 

6)         Failure to provide care because of an individual's inability to pay;

 

7)         Failure to retire educational loan balances by the amount of educational loan repayment assistance received during the agreement term; or

 

8)         Failure to maintain an unencumbered license.

 

c)         When the Department has determined that a breach of the agreement has occurred, it shall either refer the matter to the Illinois Attorney General for commencement of collection litigation or commence administrative recovery pursuant to the Illinois Grant Funds Recovery Act. In either case, actions shall include all of the remedies referenced in subsection (e). Any final order entered by the Director following the administrative recovery process shall be reviewable in the Circuit Court pursuant to the Administrative Review Law.  

 

d)         Any dispute about the terms of performance or repayment will be governed by the Department's administrative hearing process or the Illinois Grant Funds Recovery Act.

 

e)         When the administrative hearing process determines that the agreement has not been fulfilled, the Department and recipient shall enter into a contract for the repayment of the service obligation.

 

1)         A health care professional who breaches a commitment to serve full-time shall be liable to the Department for an amount equal to the sum of the following:

 

A)        The amount of loan repayment assistance, paid to the health care professional, representing any period of obligated service not completed;

 

B)        The amount of $7,500 multiplied by the number of months of obligated service not completed; and

 

C)        Interest on the amounts in subsections (e)(1)(A) and (B) at the maximum legal prevailing rate, as determined by the U.S. Treasurer, from the date of the breach of the loan repayment agreement.

 

2)         A health care professional who breaches on a commitment to serve half-time shall be liable to the Department for an amount equal to the sum of the following:

 

A)        The amount of loan repayment assistance paid to the health care professional representing any period of obligated service not completed;

 

B)        The amount of $3,750 multiplied by the number of months of obligated service not completed; and

 

C)        Interest on the amounts in subsections (e)(2)(A) and (B) at the maximum legal prevailing rate, as determined by the U.S. Treasurer, from the date of the breach of the loan repayment agreement.

 

3)         The minimum amount the Department is entitled to recover from a health care professional who breaches on a commitment to serve full-time or half-time will not be less than $31,000.

 

4)         To fulfill the repayment requirements of this Section, the recipient shall have 30 calendar days after the conclusion of the administrative hearing to enter into a repayment contract with the Department.  This contract shall contain terms of the repayment and provisions for the enforcement of the agreement.

 

5)         All amounts owed by the health care professional shall be paid to the Department within one year after the date the Department determines that the health care professional is in breach of the program's obligations.

 

6)         Any dispute about the terms of performance or repayment shall be governed by the administrative hearing process.  The administrative law judge will make the final recommendation to the Director.  The Director shall make the final decision to approve or deny the administrative law judge's recommendation.  Decision notices will be sent to all parties.

 

7)         If the recipient does not repay all funds owed to the Department within the required time period, the Department may use all collection methods available, including referral to the Illinois Attorney General or a collection agency for resolution.

 

8)         The amounts paid to the Department shall be deposited into the fund where the payment originated.

 

(Source:  Amended at 47 Ill. Reg. 13300, effective August 29, 2023)

 

Section 582.165  Suspension or Termination of Loan Repayment Funding

 

a)         Availability of Appropriation or Sufficiency of Funds

 

1)         The agreement is contingent upon and subject to the availability of funds.  The Department may terminate or suspend the agreement, in whole or in part, without penalty or further payment being required, if:

 

A)        The Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay the obligation, or if funds needed are insufficient for any reason;

 

B)        The Governor decreases the Department's funding by reserving some or all of the Department's appropriation or appropriations pursuant to power delegated to the Governor by the Illinois General Assembly; or

 

C)        The Department or the Governor determines that a reduction is necessary or advisable based upon actual or projected budgetary considerations.

 

2)         The recipient will be notified in writing of the lack of appropriation or a reduction or decrease.

 

b)         Termination for Cause

 

1)         The Department may immediately terminate the agreement, in whole or in part, upon notice to the recipient, if: 

 

A)        The recipient is convicted of committing any illegal act other than a minor traffic violation (or similar offenses);

 

B)        The Department determines that the actions or inactions of the recipient have caused, or reasonably could cause, jeopardy to health, safety or property of any person or the Department itself;

 

C)        The Department has notified the recipient that the Department is unable or unwilling to perform the agreement; or

 

D)        The Department has reasonable cause to believe that the recipient cannot lawfully perform the agreement.

 

2)         If the recipient breaches any material term, condition or provision of the agreement or violates a material provision of the agreement, the Department may cancel the agreement, upon 15 calendar days prior written notice to the recipient.  For termination for any of the causes contained in this Section, the Department retains its right to seek any available legal or equitable remedies and damages.

 

(Source:  Amended at 47 Ill. Reg. 13300, effective August 29, 2023)

 

Section 582.170  Loan Repayment Funds Recovery

 

a)         Loan repayment awards made under this Part are subject to the Illinois Grant Funds Recovery Act.  If a provision of this Part conflicts with a provision of the Illinois Grant Funds Recovery Act, the provision of the Illinois Grant Funds Recovery Act will control.

 

b)         The Department shall have the authority to issue subpoenas as part of an official investigation into the use of loan repayment funds. Subpoenas shall be issued and enforced according to Illinois Supreme Court Rules and the Code of Civil Procedure.

 

c)         Every recipient shall keep complete and accurate records of all loan repayment funds that the recipient receives.  A recipient's failure to create and maintain records that demonstrate the recipient's receipt and use of all loan repayment funds shall create a presumption in favor of recovery by the Department.

 

d)         Whenever the Department believes that loan repayment funds are subject to recovery, the Department shall provide the recipient the opportunity for at least one informal hearing to determine the facts and issues and to resolve any conflicts as amicably as possible before taking any formal recovery actions. (Section 7 of the Illinois Grant Funds Recovery Act)

 

e)         The offer of an informal hearing will be in writing and will provide the recipient with no fewer than 10 calendar days in which to request an informal hearing.  A recipient's failure to deliver a timely request for an informal hearing shall constitute the recipient's waiver of the informal hearing.  During any informal hearing, the recipient may be represented by a licensed attorney.

 

f)         If, after an informal hearing or if no timely request for an informal hearing is received, the Department determines that any loan repayment funds are to be recovered, the Department will provide the recipient with formal written notice of its intent to recover loan repayment funds.  The notice will identify the funds, the amount to be recovered and the specific facts that permit recovery.

 

g)         A recipient shall have 35 days from the receipt of the notice required in subsection (f) to request a hearing to show why recovery is not proper.

 

h)         If a recipient timely requests a hearing, the Department will hold a formal hearing in accordance with Practice and Procedure in Administrative Hearings, at which the recipient may present evidence and witnesses to show why recovery should not occur.  After the conclusion of the hearing, if recovery is warranted, the Department will issue a written final recovery order and send a copy of the order to the recipient by certified U.S. Mail.

 

i)          A recipient may seek judicial review in the circuit court of any Department final recovery order, pursuant to the Administrative Review Law.

 

j)          If a recipient timely requests a formal hearing, the Department will not take any action of recovery until at least 35 days after a final recovery order has been issued.

 

k)         If a recipient does not timely request a hearing, the Department may proceed with recovery of the loan repayment funds identified in the notice issued pursuant to this Section, at any time after the expiration of the 35-day request period.

 

l)          Any notice or mailing required or permitted by this Section shall be deemed received five days after the notice or mailing is deposited in the US mail, with the recipient's current address and with sufficient U.S. postage affixed, or the date of actual delivery, whichever is sooner.

 

m)        During any formal hearing, the recipient may be represented by a licensed attorney.