WAC 246-562-120   Department review and action.  (1) The department will review applications for completeness in date order received.

     (2) Applications must be mailed, sent by commercial carrier, or delivered in person. Applications may not be sent by telefax, or electronically.

     (3) The department may limit the time period during which applications may be submitted including cutting off applications after the state has sponsored all applications allowed in a given federal fiscal year.

     (4) Should multiple primary care physician applications arrive at the department on the same day, the department will rank those applications according to the following criteria:

     (a) Facilities located in federally designated shortage areas will rank ahead of those facilities located in nondesignated areas.

     (b) Federally designated shortage facilities will rank first.

     (c) Publicly funded employers, such as public hospital districts, community health centers, local, state, or federal governmental institutions or correctional facilities, who have an obligation to provide care to underserved populations, will rank second.

     (d) Critical access hospitals and rural health clinics will rank third.

     (e) All other private practice, for profit facilities will rank last.

     (f) If multiple applications within a designated category arrive on the same day or if a ranked order cannot be determined by using the criteria in (a) through (f) of this subsection, then applications will be ranked by:

     (i) Percentage of services provided to low-income, uninsured and sliding fee based patients;

     (ii) Distance from applicant's practice location to nearest publicly funded provider;

     (iii) Language skill of provider matching those significantly represented in the community;

     (iv) Type of services provided, outpatient versus inpatient; and

     (v) Facility location, rural versus urban based on RUCA codes to most current census data.

     (5) Should multiple specialist applications arrive at the department on the same day, the department will rank these applications according to the following criteria:

     (a) Facilities located in federally designated shortage areas will rank ahead of those facilities located in nondesignated areas.

     (b) Hospitals or other health care facilities at risk of being out of state compliance standards will rank first. For example: The physician specialty is needed to maintain trauma designation or meet certificate of need requirements.

     (c) Federally designated shortage facilities will rank second.

     (d) Publicly funded employers, such as public hospital districts, community health centers, local, state, or federal governmental institutions or correctional facilities, who have an obligation to provide care to underserved populations will rank third.

     (e) All other private practice, for profit facilities will rank last.

     (f) If multiple applications within a designated category arrive on the same day, or if a ranked order cannot be determined by using the criteria in (a) through (e) of this subsection, then applications will be ranked by:

     (i) Percentage of services provided to low-income, uninsured and sliding fee based patients;

     (ii) Distance from applicant's practice location to nearest publicly funded provider;

     (iii) Language skill of provider matching those significantly represented in the community;

     (iv) Type of services provided, outpatient versus inpatient; and

     (v) Facility location, rural versus urban based on RUCA codes to most current census data.

     (6) The department will review applications within ten working days of receipt of the application to determine if the application is complete.

     (7) The department will return incomplete applications to the applicant, and provide a written explanation of missing items.

     (8) Incomplete applications may be resubmitted with additional required information. Resubmitted applications will be considered new applications and will be reviewed in date order received on resubmission.

     (9) The department will return applications that are received after the maximum number of sponsorships have been approved. This does not apply to copies of other federal J-1 applications.

     (10) The department will return sponsorship applications to applicants who have had two approved sponsorships in the current year for the shortage area.

     (11) If the Washington state medical license is pending at the time the application is submitted to the department, the department may:

     (a) Sponsor or concur;

     (b) Hold the application in order received; or

     (c) Return the application as incomplete.

     (12) The department will review complete applications against the criteria specified in this chapter.

     (13) The department may:

     (a) Request additional clarifying information;

     (b) Verify information presented;

     (c) Investigate financial status of the applicant;

     (d) Further investigate any comments generated by publicly funded provider notification of application for waiver;

     (e) Return the application as incomplete if the applicant does not supply requested clarifying information within thirty days of request. Incomplete applications must be resubmitted. Resubmitted applications will be considered new applications and will be reviewed in date order received.

     (14) The department will notify the applicant in writing of action taken. If the decision is to decline sponsorship, the department will provide an explanation of how the application failed to meet the stated criterion or criteria.

     (15) The department may deny a visa waiver request or, prior to U.S. Department of State approval, may withdraw a visa waiver recommendation for cause, which shall include the following:

     (a) The application is not consistent with state and/or federal criteria;

     (b) Fraud;

     (c) Misrepresentation;

     (d) False statements;

     (e) Misleading statements; or

     (f) Evasion or suppression of material facts in the visa waiver application or in any of its required documentation and supporting materials.

     (16) Applications denied may be resubmitted with concerns addressed. Resubmitted applications will be considered new applications and will be reviewed in date order received.



[Statutory Authority: Chapter 70.185 RCW and Public Law 108-441. 06-07-035, § 246-562-120, filed 3/8/06, effective 4/8/06. Statutory Authority: Chapter 70.185 RCW. 03-19-054, § 246-562-120, filed 9/11/03, effective 10/12/03; 00-15-082, § 246-562-120, filed 7/19/00, effective 8/19/00; 98-20-067, § 246-562-120, filed 10/2/98, effective 11/2/98.]