(1) Notification of waiver status and commencement of employment must be submitted to the department upon receipt of written notification of approval from the immigration agency. This notification must include the date the medical service obligation commences, and a copy of the notification of approval from the immigration agency.
(2)  The waiver physician and the applicant must, on commencement of practice and annually thereafter or more frequently as determined by the department, and upon expiration of the physician’s service obligation to the underserved area, verify the physician’s practice site address and field of practice. Further, documentation that the population the physician was to serve was indeed served must be submitted. This will include the facility’s payer mix, the number of patients seen by the physician, and the payer mix of those patients. When submitting the final report, the physician must indicate whether he intends to remain in the shortage area to practice.

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Terms Used In Idaho Code 39-6112

  • Applicant: means a health care facility that seeks to employ a physician and is requesting state support of a J-1 visa waiver or national interest waiver. See Idaho Code 39-6105
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Idaho department of health and welfare. See Idaho Code 39-6105
  • National interest waiver: means an exemption from the labor certification process administered by the United States department of labor for foreign physicians whose will to stay in the United States and work in an area of underservice in Idaho is determined to be in the public interest by the Idaho department of health and welfare. See Idaho Code 39-6105
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(3)  Sites receiving waiver approval must agree to report to the department on the status of the physician’s activities at the beginning of the physician’s employment and every year thereafter during the three (3) to five (5) year medical service obligation period. Failure to provide these reports within thirty (30) days of the annual anniversary date of approval of the J-1 visa or national interest waiver in an accurate manner or failure to demonstrate good faith in utilizing a physician’s services in accordance with these policies will jeopardize future eligibility for placements and will be cause for reporting and referral to the United States department of state and immigration agency. This referral could ultimately lead to deportation proceedings against the physician.
(4)  Any amendments made to the required elements of the employment contract during the physician’s medical service obligation must be reported to the department for review. The department will complete review and provide notice of approval or declination of such amendments within thirty (30) calendar days of receipt.