(1) Applicants must be existing health care facilities that:
(a)  Have an active taxpayer identification number in Idaho; and
(b)  Have provided medical or mental health care in Idaho for a minimum of twelve (12) months prior to submitting the application or meet the requirements for a new start as defined in this chapter.
(2)  The waiver request to the department must come from a U.S. health care facility on behalf of the physician and not directly from the physician or his representative.
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Terms Used In Idaho Code 39-6108

  • 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
  • Employment contract: means a legally binding agreement between the applicant and the physician named in the J-1 visa waiver or national interest waiver application that contains all terms and conditions of employment, including but not limited to the salary, benefits, length of employment and any other consideration owing under the agreement. See Idaho Code 39-6105
  • Fraud: Intentional deception resulting in injury to another.
  • Full time: means a working week of a minimum of forty (40) hours at one (1) or more health care facilities. See Idaho Code 39-6105
  • Health care facility: means an entity with an active Idaho taxpayer identification number doing business or proposing to do business in the practice location where the physician would be employed, whose stated purposes include the delivery of primary medical or mental health care. 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
  • New start: means a health care facility, as defined in subsection (8) of this section, that has been in existence for twelve (12) months or less. 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.
  • Petitioning physician: means the foreign physician, named in the J-1 visa waiver or national interest waiver application, who requires a waiver to remain in the United States to practice medicine. See Idaho Code 39-6105
  • Primary care: means a medical doctor or doctor of osteopathy licensed in pediatrics, family medicine, internal medicine, obstetrics, gynecology, general surgery or psychiatry. See Idaho Code 39-6105
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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)  J-1 visa waiver and national interest waiver petitioners with fellowship training must contract with employers to provide primary care services full time.
(4)  Applicants must not be former J-1 visa waiver or national interest waiver physicians who are currently fulfilling their required three (3) or five (5) year obligation.
(5)  Applicants may not submit waiver requests for a relative.
(6)  Applicants must accept all patients regardless of their ability to pay.
(7)  Except for state institutional and correctional facilities designated as federal shortage areas, the applicant must serve medicare clients, medicaid clients, low-income clients, uninsured clients, and the population of a federal shortage designation.
(8)  Applicants must have a signed employment contract with the physician and guarantee wages for the duration of the contract.
(9)  Applicants must cooperate in providing the department with clarifying information, in verifying information already provided, or in any investigation of the applicant’s financial status and payer mix.
(10) Applicants must first apply through any organization with federal or interested governmental agency authority that submits waiver requests for Idaho’s underserved rural areas. Documentation that fully explains why this route was not taken for placement is required as part of the application.
(11) The physician’s name and practice location will be made available to the public as a provider who accepts medicare and medicaid.
(12) An assurance letter that the health care facility, its principals, and the J-1 or national interest waiver petitioning physician are not under investigation for, under probation for, or under restriction for medicare or medicaid fraud, or other violations of law or licensure restrictions that may indicate that it may not be in the public interest that a waiver be granted, must be provided.
(13) The applicant and its principals must be free of default on any federal or state scholarship or loan repayment program such as the national health service corps.