WAC 246-562-060   Criteria for applicants.  (1) Applicants must be existing health care facilities that:

     (a) Are licensed to do business in Washington state; and

     (b) Have provided medical care in Washington state for a minimum of twelve months prior to submitting the application.

     (2) Applicants may be for-profit, nonprofit, or government organizations.

     (3) Except for state institutional and correctional facilities designated as federal shortage areas, the applicant must:

     (a) Currently serve:

     (i) Medicare clients;

     (ii) Medicaid clients;

     (iii) Low-income clients, such as subsidized basic health plan enrollees;

     (iv) Uninsured clients; and

     (v) The population of the federal designation.

     (b) Demonstrate that during the twelve months prior to submitting the application, the health care facility was providing a minimum of ten percent of the applicant's total patient visits to medicaid clients, and/or other low-income clients.

     (c) Agree to implement a sliding fee discount schedule for the physician named in the J-1 visa waiver application. The schedule must be:

     (i) Available in the client's principal language and English; and

     (ii) Posted conspicuously; and

     (iii) Distributed in hard copy to individuals making or keeping appointments with that physician.

     (4) Applicants must provide documentation demonstrating that the employer made a good faith effort to recruit a qualified graduate of a United States medical school for a physician vacancy in the same salary range. Active recruitment, specific to the location and physician specialty, must be for a period of not less than six months in the twelve months prior to submitting a visa waiver application to the department. Active recruitment documentation can include one or more of the following:

     (a) Listings in national publications;

     (b) Web-based advertisements;

     (c) Statewide newspaper advertisements;

     (d) Contractual agreement with a recruiter or recruitment firm; or

     (e) Listing the position with the office of community and rural health, recruitment and retention program.

     In-house job postings and word-of-mouth recruitment are not considered active recruitment for the purpose of the J-1 physician visa waiver program; however, they can be used in addition to the methods described in (a) through (e) of this subsection.

     (5) Applicants must have a signed employment contract with the physician. The employment contract must:

     (a) Meet state and federal requirements throughout the period of obligation, regardless of physician's visa status;

     (b) Not prevent the physician from providing medical services in the designated shortage area after the term of employment (i.e., no noncompete clauses);

     (c) Specify the period of employment:

     (i) Three years minimum for primary care sponsorship; or

     (ii) Five years minimum for specialist sponsorship.

     (6) Any amendments made to the required elements of the employment contract, subsection (5) of this section, during the first three years for primary care physicians or five years for nonprimary care specialist physicians of contracted employment must be reported to the department for review and approval. The department will complete review and approval of such amendments within thirty calendar days of receipt.

     (7) Applicants must pay the physician prevailing wage as determined and approved by U.S. Department of Labor. Approval must be documented on a U.S. Department of Labor form ETA 9035 signed by an authorized official.

     (8) If the applicant has previously requested sponsorship of a physician, WAC 246-562-020 will apply.

     (9) If the applicant is not a publicly funded provider, additional criteria apply. The applicant must provide documentation of notification of intent to submit application for J-1 visa physician waiver to all publicly funded providers who provide medical care in HPSA or MUA designated area. Publicly funded providers include, but are not limited to, public hospital districts, local health departments, or community and/or migrant health centers.

     Notification must:

     (a) Be sent at least thirty days prior to submitting the application to the department;

     (b) Include a statement giving the publicly funded providers thirty days to provide comment to the department regarding the J-1 physician visa application; and

     (c) Provide the department's address.

     (10) Applicants must submit status reports to the department every six months, with required supporting documentation, during the initial term of employment, three years for primary care physicians or five years for specialists.

     (11) Applicants must cooperate in providing the department with clarifying information, verifying information already provided, or in any investigation of the applicant's financial status.



[Statutory Authority: Chapter 70.185 RCW and Public Law 108-441. 06-07-035, § 246-562-060, filed 3/8/06, effective 4/8/06. Statutory Authority: Chapter 70.185 RCW. 03-19-054, § 246-562-060, filed 9/11/03, effective 10/12/03; 00-15-082, § 246-562-060, filed 7/19/00, effective 8/19/00; 98-20-067, § 246-562-060, filed 10/2/98, effective 11/2/98.]