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JAN 1 3 1994
To: Schools, Lenders and
Holders Participating in the Health Education Assistance Loan (HEAL) Program
Subject: HEAL Final Regulatory
Amendments Published December 21, 1993
Lender Policy Memorandum L-94-5
School Policy Memorandum S-94-5
Attached are amendments
to the HEAL regulations that were published in the Federal Register on
December 21, 1993 (58 FR 67346), and became effective upon publication. This
rule amends the HEAL regulations as follows:
(1) Requires the lender
to report a borrower's HEAL indebtedness to one or more national credit bureaus
within 120 days of the date the final disbursement on the loan is made (42 CFR
60.33(h));
(2) Requires the Secretary
to provide a lender, holder, or school with the opportunity for a hearing, in
accordance with specified procedures, prior to terminating the lender's, holder's,
or school's participation in the HEAL program (42 CFR 60.43 and 60.60);
(3) Authorizes a school
to withhold services from a HEAL borrower who is in default on a HEAL loan received
while enrolled in that school, except in instances where the borrower has filed
for bankruptcy. Such services may include, but are not limited to, academic
transcripts and alumni services (42 CFR 60.61(d));
(4) Requires that all academic
and financial aid transcripts that are released on a defaulted HEAL borrower
must indicate on the transcript that the borrower is in default on a HEAL loan
(42 CFR 60.61(d));
(5) Stipulates that a defaulted
HEAL borrower who satisfactorily resolves the default is responsible for providing
evidence of such to the school, in order to have services restored or the reference
to default removed from the transcripts (42 CFR 60.61(d)); and
Stipulates that a defaulted
HEAL borrower who has filed for bankruptcy is responsible for providing the
school with court documentation that verifies the filing for bankruptcy,
upon the request of the school, in order to be exempt from having services withheld
(42 CFR 60.61(d)).
Please contact the HEAL
Branch at 301 443-1540 if you have any questions on these regulatory amendments.
Michael Heningburg
Director
Division of Student Assistance
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