Idaho Code 39-6109A – Contract Requirements for National Interest Waivers
Current as of: 2023 | Check for updates
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Throughout the period of obligation, regardless of physician’s visa status, the employment contract must:
(1) Meet state and federal requirements;
Terms Used In Idaho Code 39-6109A
- 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
- Area of underservice: means a health professional shortage area in primary care or mental health, a medically underserved area, or a medically underserved population federally designated by the secretary of health and human services. 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
- 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
- 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.
- 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
- 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
(2) Not prevent the physician from providing medical services in the designated shortage area after the term of employment. A noncompetition clause or any provision that purports to limit the national interest waiver physician’s ability to remain in the area upon completion of the contract term is prohibited;
(3) State that the physician must serve medicare clients, medicaid clients, low-income clients, uninsured clients and the population of the federal designation for the area of underservice full time;
(4) Guarantee the physician a base salary of at least ninety-five percent (95%) of step II of the local prevailing wage for the field of practice in the area to be served;
(5) Specify that benefits offered are not included as part of the base salary;
(6) Include annual, sick, continuing medical education and holiday leave;
(7) State that amendments shall adhere to state and federal national interest waiver requirements;
(8) Acknowledge that the contract may be terminated only with cause and cannot be terminated by mutual agreement until the statutorily required five (5) years of medical service have expired;
(9) Be assignable only by the employer to a successor with concurrence of the department;
(10) Include the practice site address, the days and hours of practice and field of medicine;
(11) Include a statement that the employment will start within ninety (90) days after the waiver approval has been issued;
(12) Not be subject to changes which result in termination of contract, change in practice scope or relocation from a site approved in the application. Any proposed changes must be presented in writing to the department for consideration and approval at least thirty (30) days prior to the proposed change. Moving or placement of a physician to a location that was not approved by the department will result in the physician and applicant being in noncompliance with the program. It will also limit the applicant’s future participation in the program; and
(13) Be signed by both the national interest waiver petitioning physician and the applicant employer, and the date it is signed must be clear.