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42 U.S.C. § 295hLoan repayment program for substance use disorder treatment workforce

submitted 82 years ago by Pub. L. 115-271 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 999 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates a loan repayment program for people who work in substance use disorder treatment. The Secretary pays part of a worker's student loans for every year of service, up to $250,000 in total. Workers must serve full time in a shortage area or high-overdose county.

(a) In general. The Secretary, acting through the Administrator of the Health Resources and Services Administration, must run this program. The Secretary signs agreements with individuals. Under each agreement, the Secretary pays money toward the person's loan under the rules in (b). In return, the person agrees to work in substance use disorder treatment, following the rules in (d). (b) Payments. For each year a person serves under their agreement, the Secretary pays them money. (1) Service in a shortage area. For each of the first five years, the Secretary pays one-sixth of the loan's principal and interest that was still owed on the day the person started serving. After the sixth and final year, the Secretary pays whatever principal and interest is left. (2) Maximum amount. No person can receive more than $250,000 total under this program. (c) Eligible loans. The following loans qualify for repayment: (1) Any loan for education or training for substance use disorder treatment work. (2) Nursing student loans under a specific part of the law. (3) Certain federal direct loans: Stafford Loans, PLUS Loans, Unsubsidized Stafford Loans, and Consolidation Loans. (4) Federal Perkins Loans. (5) Any other federal loan the Secretary decides should count. (d) Requirements of service. A person getting payments must commit, every year, to full-time work in substance use disorder treatment somewhere in the United States. No more than one year can pass between two years of qualifying work. The work must be in: (1) a Mental Health Professional Shortage Area, or (2) a county (or a city or town not inside any county) where, over the last three years of official state data, the average drug overdose death rate per 100,000 people is higher than the most recent national average reported by the CDC. (e) Ineligibility for double benefits. A person cannot get credit for the same service under both this program and another federally supported loan forgiveness program, including several other named programs. (f) Breach. (1) Liquidated damages formula. The Secretary may set up a formula for damages if someone breaks their service agreement. (2) Limitation. Simply not finishing every year of promised service is not, by itself, a breach — as long as the person served in good faith the years they were already paid for. (g) Additional criteria. The Secretary may add extra rules and criteria beyond what this section already says, and must notify the congressional committees named in (h) whenever new rules are set. (h) Report to Congress. Starting five years after October 24, 2018, and every two years after that, the Secretary must send a report to the House Energy and Commerce Committee and the Senate Health, Education, Labor, and Pensions Committee. The report must cover: (1) how many borrowers have qualified for loan repayment under this program, and where they are; and (2) how this program has affected the number of substance use disorder treatment workers available nationally and in shortage areas and high-overdose counties. (i) Definitions. (1) "Indian tribe" and "tribal organization" mean what those terms mean in a separate cross-referenced law. (2) "Municipality" means a city, town, or other public body created under state law, or an Indian tribe. (3) "Substance use disorder treatment employment" means full-time work, including a fellowship, that meets two tests: (A) The job's main purpose is treating patients with substance use disorders or supporting their recovery. This includes master's-level social workers, psychologists, counselors, marriage and family therapists, psychiatric mental health practitioners, occupational therapists, psychology doctoral interns, behavioral health paraprofessionals, and licensed or certified physicians, physician assistants, and nurses. (B) The job is located at one of many listed settings — for example, a treatment program, private medical practice, hospital-affiliated treatment center, correctional facility, youth detention program, psychiatric facility, community health center, school, telehealth platform, tribal health program, federal medical facility, or any other place the Secretary approves. (j) Authorization of appropriations. Congress may spend $40,000,000 each year, for fiscal years 2026 through 2030, to run this program.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which—

(1)

the Secretary enters into agreements with individuals to make payments in accordance with subsection (b) on the principal of and interest on any eligible loan; and

(2)

the individuals each agree to the requirements of service in substance use disorder treatment employment, as described in subsection (d).

(b) Payments

For each year of obligated service by an individual pursuant to an agreement under subsection (a), the Secretary shall make a payment to such individual as follows:

(1) Service in a shortage area

The Secretary shall pay—

(A)

for each year of obligated service by an individual pursuant to an agreement under subsection (a), ⅙ of the principal of and interest on each eligible loan of the individual which is outstanding on the date the individual began service pursuant to the agreement; and

(B)

for completion of the sixth and final year of such service, the remainder of such principal and interest.

(2) Maximum amount

The total amount of payments under this section to any individual shall not exceed $250,000.

(c) Eligible loans

The loans eligible for repayment under this section are each of the following:

(1)

Any loan for education or training for a substance use disorder treatment employment.

(2)

Any loan under part E of subchapter VI (relating to nursing student loans).

(3)

Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965 [20 U.S.C. 1087e]).

(4)

Any Federal Perkins Loan under part E of title I 1 of the Higher Education Act of 1965.

(5)

Any other Federal loan as determined appropriate by the Secretary.

(d) Requirements of service

Any individual receiving payments under this program as required by an agreement under subsection (a) shall agree to an annual commitment to full-time employment, with no more than 1 year passing between any 2 years of covered employment, in substance use disorder treatment employment in the United States in—

(1)

a Mental Health Professional Shortage Area, as designated under section 254e of this title; or

(2)

a county (or a municipality, if not contained within any county) where the mean drug overdose death rate per 100,000 people over the past 3 years for which official data is available from the State, is higher than the most recent available national average overdose death rate per 100,000 people, as reported by the Centers for Disease Control and Prevention.

(e) Ineligibility for double benefits

No borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both—

(1)

this section; and

(2)

any Federally supported loan forgiveness program, including under section 254l–1, 254q–1, or 297n of this title, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965 [20 U.S.C. 1078–10, 1078–12, 1087e(m), 1087j].

(f) Breach
(1) Liquidated damages formula

The Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under subsection (a).

(2) Limitation

The failure by an individual to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the individual completed in good faith the years of service for which payments were made to the individual under this section.

(g) Additional criteria

The Secretary—

(1)

may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and

(2)

shall give notice to the committees specified in subsection (h) of any criteria and rules so established.

(h) Report to Congress

Not later than 5 years after October 24, 2018, and every other year thereafter, the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on—

(1)

the number and location of borrowers who have qualified for loan repayments under this section; and

(2)

the impact of this section on the availability of substance use disorder treatment employees nationally and in shortage areas and counties described in subsection (d).

(i) Definition

In this section:

(1)

The terms “Indian tribe” and “tribal organization” have the meanings given those terms in section 5304 of title 25.

(2)

The term “municipality” means a city, town, or other public body created by or pursuant to State law, or an Indian tribe.

(3)

The term “substance use disorder treatment employment” means full-time employment (including a fellowship)—

(A)

where the primary intent and function of the position is the direct treatment or recovery support of patients with or in recovery from a substance use disorder, including master’s level social workers, psychologists, counselors, marriage and family therapists, psychiatric mental health practitioners, occupational therapists, psychology doctoral interns, and behavioral health paraprofessionals and physicians, physician assistants, and nurses, who are licensed or certified in accordance with applicable State and Federal laws; and

(B)

which is located at a substance use disorder treatment program, private physician practice, hospital or health system-affiliated inpatient treatment center or outpatient clinic (including an academic medical center-affiliated treatment program), correctional facility or program, youth detention center or program, inpatient psychiatric facility, crisis stabilization unit, community health center, community mental health or other specialty community behavioral health center, recovery center, school, community-based organization, telehealth platform, migrant health center, health program or facility operated by an Indian tribe or tribal organization, Federal medical facility, or any other facility as determined appropriate for purposes of this section by the Secretary.

(j) Authorization of appropriations

There are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2026 through 2030.

Source credit: (July 1, 1944, ch. 373, title VII, § 781, as added Pub. L. 115–271, title VII, § 7071(2), Oct. 24, 2018, 132 Stat. 4028; amended Pub. L. 119–44, title II, § 204, Dec. 1, 2025, 139 Stat. 680.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 115-271 · 132 Stat. 4028
  • 2025Amended · Pub. L. 119-44 · 139 Stat. 680

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-271 on 1944-07-01.

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