Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 530 - REGULATIONS GOVERNING THE VIRGINIA MEDICAL SCHOLARSHIP PROGRAM › Part IV - Contracts › Section 12VAC5-530-90 - Default

Current through Register Vol. 40, No. 24, July 15, 2024
With respect to default, the contract shall:
1. Provide that a recipient who fails to
				  fulfill his obligation to practice primary care medicine as provided for in
				  this chapter shall be deemed to be in default and shall forfeit all monetary
				  scholarship payments made to him, and shall make restitution of those funds to
				  the Commonwealth of Virginia as provided for in subdivisions 2 through 6 of
				  this section.
2. Provide that if
				  the recipient defaults while still in medical school or residency, by
				  voluntarily notifying the commissioner in writing that he will not practice
				  primary care in a Virginia medically underserved area as required by his
				  contract, by voluntarily not proceeding to the next year of medical education
				  or residency, or by withdrawing from medical school or residency, he shall make
				  restitution to the Commonwealth of Virginia by repayment of all monetary
				  scholarship awards plus interest on the amount of the restitution.
3. Provide that the recipient who defaults by
				  failing to maintain satisfactory academic progress, or by reason of his
				  dismissal from medical school for any reason, shall make restitution to the
				  Commonwealth of Virginia by repayment of all monetary scholarship awards plus
				  interest on the amount of such restitution to the Commonwealth.
4. Provide that if the recipient is in
				  default due to death or permanent disability so as not to be able to engage in
				  primary care practice, the recipient or his personal representative shall make
				  restitution to the Commonwealth by repayment of all monetary scholarship awards
				  plus interest on the amount of restitution. Partial fulfillment of the
				  recipient's contractual obligation by the practice of medicine as provided for
				  in this contract prior to death or permanent disability shall reduce the amount
				  of restitution plus interest due by a proportionate amount of money, such
				  proportion being determined as the ratio of the number of whole months that a
				  recipient has practiced primary care medicine in an approved location to the
				  total number of months of the contractual obligation the recipient has
				  incurred.
5. Provide that
				  individual cases of extraordinary hardship may be considered by the
				  commissioner for forgiveness or partial forgiveness of payment or
				  service.
6. Provide that any
				  recipient of a scholarship, who defaults by evasion or refusal to fulfill the
				  obligation to practice primary care medicine in a medically underserved area or
				  designated state facility for a period of years equal to the number of annual
				  scholarships received at any time following completion of medical school and
				  residency training, shall make restitution by repaying all monetary scholarship
				  awards, plus penalty, plus interest on such restitution to the Commonwealth of
				  Virginia. A recipient will be considered to be in such default on the date:
a. The commissioner is notified in writing by
				  the recipient that he does not intend to fulfill his contractual
				  obligation;
b. The recipient has
				  not accepted a placement and commenced his period of obligated practice as
				  provided for in subdivision 2 of this section; or
c. The recipient absents himself without the
				  consent of the commissioner from the place of medical practice which the
				  commissioner has approved for fulfillment of his contractual
				  obligation.